Are you uncomfortable yet? Someone pointed out to me a while ago that the reason we’re in the mess we’re in is because “we the people” have become too comfortable and have been fast asleep while laws were eroded, changed, and created over decades. Slowly, so slowly, rights were removed, and corruption was allowed to take hold in our governments, in corporations, in institutions, through the actions of many leaders and influential elites over many, many years.
So what happened over this last week? It seems half the country is in Ottawa or on their way to the most peaceful, loving protest in history, which has brought unity and love to Canadians. Not since I was born in the ’60s has this existed. Many will say Canada is a very peaceful country, but Canada has always had an underlying division in politics, east versus west, and between different ethnicities and religions, provinces, rich and poor, and industries. All of these divisions in the people were fueled by politicians. But what has surprised me more than anything is the number of people I’ve spoken to that have no idea what the Canadian Charter of Rights and Freedoms is.
Here is a very brief and short history: In Canada, the Canadian Charter of Rights and Freedoms was seventeen months in the making in the ’80s by the premiers of the provinces along with the prime minister of Canada at the time, Pierre Elliot Trudeau (yes, Justin’s father). They got together to bring the Constitution home from London, creating a charter of rights and freedoms for every individual in Canada. When Canada was formed on July 1, 1867, with the BNA (British North America) Act, there was no written charter of rights and freedoms. The BNA Act was signed by Queen Victoria on March 29, 1867, and passed by the British parliament without amendment, solidifying Canada West (Ontario) and Canada East (Quebec, Nova Scotia, and New Brunswick) as the four provinces of the confederation. It serves as the base document for the Canadian Constitution. So what happened then? Anyone going to court to protect their freedoms and rights from 1867 to 1981 had to do it according to unwritten British laws, customs, and conventions that had grown over the years. There was no charter of rights for individuals.
In 1960, Prime Minister Diefenbaker introduced the Bill of Rights, which was the first time rights for individuals were highlighted in writing. But unfortunately, the Bill of Rights covered only federal jurisdiction, not provincial jurisdiction, so it was not complete. That was why the first ministers (the premiers of the provinces) got together in the early ’80s to formulate a charter of rights and freedoms that would apply to every single Canadian from the north to the south and the east to the west. Everyone.
This Charter of Rights and Freedoms is enshrined in the Constitution, not in a federal, provincial, or municipal act but in a national act. Because that is what a constitution is: It is for the nation as a whole.
Now, the premiers and Prime Minister Pierre Trudeau were working on this very important charter for seventeen months, but halfway through, Trudeau left the table and said the premiers were too difficult to deal with, so therefore he was going to do it on his own. Really! Wonder where Justin gets it from? Trudeau tried to patriate and bring the Constitution home for good, putting a charter of rights in place on his own. He passed a bill in the House of Commons because he had the majority on his side (the Liberals) along with the support of the provinces of Ontario and New Brunswick.
The only problem was that the other eight provinces took him to court, saying what he had done was unconstitutional. (Remember, this was in 1981. Today, premiers of every province bow to the prime minister. Hmm, I wonder why?) The premiers hauled the prime minister of Canada to court, and the court ruled in September 1981 that, sure enough, what the prime minister was doing along with two provinces, New Brunswick and Ontario, was unconstitutional. You won’t find this written up in the history books, and I’m doubtful this is being taught in school. Any history teachers out there, give a shout if you’re digging into this and teaching it to the kids.
This history is sort of hidden and ignored because Prime Minister Trudeau was revered by a lot of Canadians. He was supposed to be a constitutional expert. Now, because I was from the west, where there was great division from the east, Trudeau wasn’t revered where I lived. In fact, a westerner saying his name often said it with a snarl, and it was always preceded by any number of swear words. Anyway, back to 1981. The premiers took Trudeau to court, and lo and behold, Trudeau, this supposed constitutional expert, was turned down by his own friends in the court. Back in 1981, believe it or not, judges were friends of the law first and friends of the prime minister or the system second. I don’t think anyone can say that today. No, right now I’m doubtful we have an unbiased justice system for the people.
But back to the court. The judge, who was following the law, said to Prime Minister Trudeau that what he was trying to do was unconstitutional because the things he was doing affected all of Canada, all the provinces, not just the federal government. Therefore, because Canada is a federal state, not a unitary state, there is a sharing of powers. The provinces have certain powers, and the federal government has certain powers. In unilaterally trying to do what he did, putting out his own charter and ramming it through the House of Commons because he had the majority of the power at the time, Trudeau was affecting powers that belonged to the provinces. That was why he was turned down by the court. The court said no, he couldn’t do it. It was unconstitutional, and in order for him to do what he was doing, he needed the majority of provinces to agree. The court didn’t say how many, only a majority. So Prime Minister Pierre Elliott Trudeau was forced to come back to the table and deal with the premiers, much to his dislike, because they had taken him to court, and they took him to court because he was not the king, or an emperor, or a dictator.
Now, even under the BNA (British North America) Act, Trudeau had to share his decision-making with the provinces, and the majority had to agree with his decision; otherwise, he had no charter of rights or patriation. Take a look at the Charter of Rights, that parchment paper that should be displayed in all public buildings and schools. The one I have attached here, signed by Pierre Elliott Trudeau, is unconstitutional. In fact, I couldn’t believe I got it from the Government of Canada website this weekend. The court ruled in 1981 that it couldn’t be just Pierre Elliott Trudeau’s signature or it would be his charter of rights, and it couldn’t be that.
Every premier’s signature, all the nine provinces that agreed, is meant to be on there, but if you pull up a copy of the Charter now and see just the signature of Pierre Elliott Trudeau, that is unconstitutional. It has to bear every name that agreed with it. The only province that did not was Quebec.
On November 5, 1981, after an impasse and many changes, the Charter of Rights was signed. In the United States, their Bill of Rights came into force in 1791. We in Canada did not get ours until 1981. So our Charter of Rights is only forty years old, and right now, all the governments in Canada are abusing this document.
Everyone in Canada should not only have a copy of these rights but should know them. Your kids should know them. These rights are your rights, your neighbors’ rights, the truckers’ rights, the nurse who refused to take the shot and lost her job’s rights, the airline pilot who did take the shot out of duress to keep his job’s rights, the retired couple who were happy to take the shot for their own reason’s rights. Rights are rights, and these are everyone’s rights.
I will leave you with a really important message from former RCMP Corporal Danny Bulford regarding Canadian law and unlawful arrests. Danny was an RCMP member for fifteen years and served the last eight years as a full-time member in the tactical unit of Trudeau’s security team.
“I know what a lawful arrest looks like. We know of people being arrested for helping to fuel trucks. For what offence is still unclear. Please remain clam. This is a scare tactic to coerce people into submission. They don’t have a legal leg to stand on.
The world is watching and this reflects very poorly on the city of Ottawa and police services. Remain peaceful. The only thing you are required to say if you are arrested is to identify yourself. Every Canadian citizen has the equal right to protection under the law.
HOLD THE LINE.” — Danny Bulford
Check out The McCabes on Audio
