So put your QR code in the queue.
Why not use this thing everywhere? Slide, slide, slide. Like a digital wallet. Identity, medical passport and debit card. All in one. Maybe even a reputation score. Like China’s social credit system.
To buy cannabis.
This is how Quebec begins 2022. With new restrictions such as the return of the curfew. Because everyone knows that Covid comes out after dark. And everyone knows that it is only safe to buy cannabis when you …
Show me your papers
No no no. Can’t you see? These vax passes are for public health and safety. Like cannabis legalization. Forget about your individual rights. You have to think about the children.
And forget about it Charter of rights and freedoms. Article 2a guarantees freedom of conscience and religion. Section 6 guarantees freedom of movement in Canada. Section 15 states that we have equal protection before the law.
You would think that would be enough to prevent national passports from being a thing.
But think again.
the charter is a reactionary document.
Consider the first paragraphs: charter, “Guarantees the rights and freedoms set forth therein, subject only to reasonable limits prescribed by law which can be demonstrably justified in a free and democratic society”.
In the English common law tradition, Canadians are born with inalienable rights. Thanks to the Trudeau family coup, Canadians are now deprived of these lifeless rights. The state now grants and guarantees our rights. The state can limit or remove these rights based on what the state considers “reasonable”.
When you give the state extraordinary emergency powers, it will declare any emergency.
From where, vax papers in Quebec to buy your cannabis. It is “following the science”, and the criticism is verboten.
What about the courts?
What about the courts?
Consider, Canada medical cannabis regulations. For more than a decade, patients could grow their own medicine. But Stephen Harper’s elected government has tried to end that freedom.
The patients sued and the government lost. Justice Phelan ruled in favor of the patients based on his understanding of the rule of law.
But that doesn’t always happen. Consider the number of restaurateurs who have challenged and continue to challenge “public health”. In any case, the judge declared valid the government’s overbreadth since we are in a pandemic.
Part of the problem is charter. While it’s great that patients can develop their own medicine, the logic is nonsense. People should be able to grow their own cannabis regardless of their health. If they are on their own private property, it is not the state’s business.
Instead, patients have the right to develop theirs on the basis of the “reasonable access” clause of a previous decision. If approved for medical cannabis, the state must provide you with reasonable access. Not letting yourself grow your own breaks this rule.
What is “reasonable?” “
It has very little to do with your freedom as a self-sufficient individual.
Pierre Elliot Trudeau has appointed Supreme Court justices to interpret his charter like that. In 1986, in R. v. Oakes, the Court established what is now known as the Oakes test.
The Oakes test determines what charter the restrictions are “reasonable”.
Common law rights would oppose vaccine passports. the charter permits.
Cannabis was illegal under the charter. And it’s been co-opted by corporate producers and state-owned retailers. Under the Charter.
With the Oakes test, the freedom of expression of Canadians could be (and has been) restricted in the name of social justice.
Our freedom to travel and leave the country is restricted in the name of COVID-19.
Residents of Quebec cannot buy cannabis without a third shot and papers to prove it.
All are licensed under the charter.
What exactly is the Charter?
Read the historic debates and discussions around Canadian Confederation. They talked about political minorities. How would they be protected from the tyranny of the majority?
the charter reverses this question.
Judges and politicians now speak of “collective rights” as if large groups need protection.
The real question is… what is the difference between legal and legal.
For example, it may be legal for Australia to send its unvaccinated to internment camps. It may be legal for the Canadian government to impose the risky COVID vaccine on its population.
But is it legal? When Fidel Castro took power and killed his political opponents, it was legal. But was it legal?
In Quebec, you must show your papers before you can buy cannabis. It’s legal, but is it legal?
- Janet Ajzenstat et al., Eds, Canada’s Founding Debates (Toronto: University of Toronto Press, 2003)
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