- Joined
- Nov 25, 2021
The worst part about all of this is that at no time in the past two years has any government utilized the Notwithstanding Clause to enact COVID policy. Everything has been done via Public Health Orders, which can't be used to bypass The Charter, and in most places local governments can't restrict civil liberties via the Notwithstanding Clause. Only the federal parliament or a regional legislature can do so, and only following the process established by the SCC as the Oakes Test.That post was more, idk, a sort of thought experiment about what it would take to resolve some of the problems Canada is facing. The scenario I outlined is pretty much completely impossible; I certainly would not describe it as illustrative of having faith in the system. It was a big wall of text about several ways in which the system is broken, in some cases probably irreparably. For example, I think the likelihood of cracking open the Charter is basically zero.
Everything they have done during this "crisis" has been illegal, and they know it. The only thing protecting them? A series of SCC rulings establishing in common law that it's the responsibility of citizens to know their rights and raise a stink. Sure was convenient that the various Human Rights Tribunals across the country were all shut down or otherwise instructed not to hear complaints regarding COVID policies.
We are already living "Without Rule of Law". Make of that what you will, fellow K-Farmers.