The Canadian Charter of Rights vs Freedom

Post 47--:

New Arrangements

Hi! Yes, I’m back with considerable embarrassment. I just cannot seem to muster the necessary pace to keep up with three blogs on a part time basis, while also working on my current major project, namely the writing of our memoirs, the “our” here referring to my wife and myself. So, I have decided that for the next few months I will write only one post per blog and quit pushing myself beyond reasonable limits. Heh, I am in my 70s. Though I may now have the time, I no longer have the energy with which I was brimming not so long ago. If somehow here and there an extra bit of unexpected time should become available, well, I may just try to squeeze in an extra read for you. But don’t forget, there are three blogs for you to peruse, not just one. Three a month does not sound so bad, does it? Almost weekly! You think I should simply join them together?


Need for Citizen-Friendly Legal Environment

Today I present you with some musings on the Canadian Charter of Rights. Again, remember, I write as an ordinary citizen for ordinary citizens. Of course, the professionals are free to join us and even to comment. I would be happy with that, very happy. My lay status means I will not get bogged down in technicalities that so often derail court decisions and, hence, justice, causing delays reasonable only to the professional, but irking the citizen to no end. Justice is not a matter of technicalities. It is something that must be experienced by the citizen. Go ahead, professionals, and tell me I don’t know what I’m talking about. Do you?


Introducing Selick and Smith

Karen Selick of the Canadian Constitution Foundation had an interesting article in the Vancouver Sun recently (“Courts Milking Their Power,”Oct 17, 2011) about Farmer Michael Smith. Smith was told by an Ontario Court of Justice that he had no right to sell raw or unpasteurized milk via a system best described as “cow-sharing.” Initially he was acquitted by a justice of the peace, only to have the judgement reversed at the next level. Well, what do you know. Ever heard of such a thing before, a judgement reversed, overruled or denied by a higher court? Smith and his customers were once again subjected to that mixture of a mismash of conflicting laws that pass for our legal system and the personal worldviews and values of judges that constantly lead to contradictions and overrulings. A citizen never knows where he’s at, not even when a judgement has already been handed down. Someone higher up will overrule and undo it. Let’s not even talk about the money the system and the wolves called lawyers suck out of the hapless citizen’s pocket.


The Right to Brush My Teeth

The issue as Selick explains it is whether I have the right to brush my teeth in the morning. After all, it is not listed among my human right and is therefore not a protected right. The same is true for everything we do routinely and on a daily basis. Do I have the right to go to the bathroom? Do I have the right to choose between an apple or a pear? And does Smith have the right to sell his raw milk? None of these daily activities are listed in the Canadian Charter of Rights. Are they therefore unprotected and illegal?


Who Needs to Be Reined in?

If that is how our rights and freedoms are to be protected, then, Selic argues, the Charter would be “a zillion pages long.” Everything people do would have to be stipulated to be protected and legal. This is nonsense, of course. Actually all these mundane activities in our lives are all bundled together under “the right to liberty.” And then Selick declares what I would consider a very profound and important principle, namely that the Charter does not aim to “rein in individuals” so much as “to rein in governments.” It does not “grant us our rights,” so much as to recognize “that those freedoms already existed.”


Need for Citizen Plain Legal Understanding

There are more revelations in the Selick article, but I will let it go at this today. Possibly I will discuss her article further in the next post, but this is enough to chew on for the average citizen. I hope you will chew on it, for I, frankly, like her arguments and believe citizens will profit from a sharper awareness of these issues. We need to be freed from the lawyer regime and start developing an independent understanding of law, rights, freedom and responsibility. At one time the Catholic church prevented people from reading the Bible. Muslims on the whole cannot read the Qur’an, except perhaps to recite it in a language few of them understand. Similarly, citizens are largely prevented from understanding or even reading the law by the obscurantist jargon in which everything is expressed. It is time we make everything plain. Perhaps we need an “Occupy the Courts” movement. Game anyone?

Christmas: Holding Forth Justice

Post 28—:

This post is being written on Christmas Eve, 2010. The Christmas event is too large to just let it slip by without at least a nod. So, I am interrupting the flow of thought to offer you something Christmasy. I am going to place this post also on my other blog, .

I am offering you some quotes from the Old Testament Prophet Isaiah. This is a prophet of peace and justice. He repeatedly talks of the future in terms of hope for peace and justice. The Messiah whom the Jews had long been waiting for would introduce a new framework for society that was to be characterized by those two features, peace and justice. A new set of standards, if you like. To be sure, even Isaiah’s vision was an Old Testament one that allowed practices that we no longer approve today but have not yet been able to stem in our own lives and nations. And, of course, it is all written in terms of an ancient culture most of us no longer understand. Hence, it takes extra effort to understand it all. Don’t even try. Just go over these passages a few times and appreciate the emphasis on and the hunkering for peace and justice.

Of course, some readers will object that it is all very nice and idyllic, but tell me about it once Christians actually demonstrate or live up to this perspective. I fully understand the objection and am ashamed to admit that it is a reasonable one. Christians will be the first to admit their failure to live up to this picture. We believe in Jesus, in God, to save us from ourselves. We do not believe in ourselves, in our own capacity to make this all come true. We cannot create utopia. It is God who will one day turn this hope into reality. In the meantime, we struggle towards it as best as we can and ask for forgiveness where we fail.

There are more such prophecies in Isaiah and in other prophetic writings in the Old Testament. However, I am giving you perhaps more than you can or care to chew for one day. I will probably continue featuring such quotations next Christmas. In the meantime, here goes. Participate in the poetry; ponder the promise.

Isaiah 2--The Mountain of the LORD

1 This is what Isaiah son of Amoz saw concerning Judah and Jerusalem:
2 In the last days
the mountain of the LORD’s temple will be established
as the highest of the mountains;
it will be exalted above the hills,
and all nations will stream to it.
3 Many peoples will come and say,
“Come, let us go up to the mountain of the LORD,
to the temple of the God of Jacob.
He will teach us his ways,
so that we may walk in his paths.”
The law will go out from Zion,
the word of the LORD from Jerusalem.
4 He will judge between the nations
and will settle disputes for many peoples.
They will beat their swords into plowshares
and their spears into pruning hooks.
Nation will not take up sword against nation,
nor will they train for war anymore.
5 Come, descendants of Jacob,
let us walk in the light of the LORD.


Isaiah 9:5-7

6 For to us a child is born,
to us a son is given,
and the government will be on his shoulders.
And he will be called
Wonderful Counselor, Mighty God,
Everlasting Father, Prince of Peace.
7 Of the greatness of his government and peace
there will be no end.
He will reign on David’s throne
and over his kingdom,
establishing and upholding it
with justice and righteousness
from that time on and forever.
The zeal of the LORD Almighty
will accomplish this.

Isaiah 11:1-9

(Jesse is the father of King David and ancestor of Jesus.)

1 A shoot will come up from the stump of Jesse;
from his roots a Branch will bear fruit.
2 The Spirit of the LORD will rest on him—
the Spirit of wisdom and of understanding,
the Spirit of counsel and of might,
the Spirit of the knowledge and fear of the LORD—
3 and he will delight in the fear of the LORD.
He will not judge by what he sees with his eyes,
or decide by what he hears with his ears;
4 but with righteousness he will judge the needy,
with justice he will give decisions for the poor of the earth.
He will strike the earth with the rod of his mouth;
with the breath of his lips he will slay the wicked.
5 Righteousness will be his belt
and faithfulness the sash around his waist.
6 The wolf will live with the lamb,
the leopard will lie down with the goat,
the calf and the lion and the yearling[a] together;
and a little child will lead them.
7 The cow will feed with the bear,
their young will lie down together,
and the lion will eat straw like the ox.
8 The infant will play near the cobra’s den,
the young child will put its hand into the viper’s nest.
9 They will neither harm nor destroy
on all my holy mountain,
for the earth will be filled with the knowledge of the LORD
as the waters cover the sea.


Isaiah 32:15-20

15 till the Spirit is poured on us from on high,
and the desert becomes a fertile field,
and the fertile field seems like a forest.
16 The LORD’s justice will dwell in the desert,
his righteousness live in the fertile field.
17 The fruit of that righteousness will be peace;
its effect will be quietness and confidence forever.
18 My people will live in peaceful dwelling places,
in secure homes,
in undisturbed places of rest.
19 Though hail flattens the forest
and the city is leveled completely,
20 how blessed you will be,
sowing your seed by every stream,
and letting your cattle and donkeys range free.

Isaiah 42:1-9 The Servant of the LORD

1 “Here is my servant, whom I uphold,
my chosen one in whom I delight;
I will put my Spirit on him,
and he will bring justice to the nations.
2 He will not shout or cry out,
or raise his voice in the streets.
3 A bruised reed he will not break,
and a smoldering wick he will not snuff out.
In faithfulness he will bring forth justice;
4 he will not falter or be discouraged
till he establishes justice on earth.
In his teaching the islands will put their hope.”
5 This is what God the LORD says—
the Creator of the heavens, who stretches them out,
who spreads out the earth with all that springs from it,
who gives breath to its people,
and life to those who walk on it:
6 “I, the LORD, have called you in righteousness;
I will take hold of your hand.
I will keep you and will make you
to be a covenant for the people
and a light for the Gentiles,
7 to open eyes that are blind,
to free captives from prison
and to release from the dungeon those who sit in darkness.
8 “I am the LORD; that is my name!
I will not yield my glory to another
or my praise to idols.
9 See, the former things have taken place,
and new things I declare;
before they spring into being
I announce them to you.”