Tilted Forum Project Discussion Community - View Single Post - Canada: The Charter of Rights and Freedoms

Yakk · 07-19-2004, 02:15 PM

There is one right which isn't included under the notwithstanding clause.

The right to vote.

I think it is an interesting feature of our Bill of Rights. Government exists and has power with and from the consent of the govorned, not because of any pieces of paper.

The American constitution and bill of rights, with all it's apparent immutability and strong-sounding rhetoric, gets interprited by judges who claim it "isn't a suicide pact" and it is limited by "legitimate government interest" and "community standards".

In Canada, theoretically, that isn't needed. If we decide that pornography is so horrible that we need to allow legal linchings of anyone who dares produce it, the legislature can pass the law and the judges can enforce it without marring the constitution and corrupting it's words.

Remember, the anti-drug laws are justified by the interstate commerce clause of the US constitution. You grow weed in your basement for personal use, and because weed can be involved in inter-state commerce the federal government can prosecute you and your possessions.

Canada's government system is so reliant on the consent and well wishes of those in it already even without the charter, quite explicitly. The Govorner General and the Queen have amazing amounts of anti-democratic power that will never be wielded, cross my heart. The Prime Minister doesn't exist, yet is the single most important post in the land. Our government is a government of tradition, not paper.

It is becoming a growing tradition that you don't muck with the bill of rights. You have the power to do so, but you don't touch it.

07-19-2004, 02:15 PM	#13 (permalink)
Yakk Wehret Den Anfängen! Location: Ontario, Canada	There is one right which isn't included under the notwithstanding clause. The right to vote. I think it is an interesting feature of our Bill of Rights. Government exists and has power with and from the consent of the govorned, not because of any pieces of paper. The American constitution and bill of rights, with all it's apparent immutability and strong-sounding rhetoric, gets interprited by judges who claim it "isn't a suicide pact" and it is limited by "legitimate government interest" and "community standards". In Canada, theoretically, that isn't needed. If we decide that pornography is so horrible that we need to allow legal linchings of anyone who dares produce it, the legislature can pass the law and the judges can enforce it without marring the constitution and corrupting it's words. Remember, the anti-drug laws are justified by the interstate commerce clause of the US constitution. You grow weed in your basement for personal use, and because weed can be involved in inter-state commerce the federal government can prosecute you and your possessions. Canada's government system is so reliant on the consent and well wishes of those in it already even without the charter, quite explicitly. The Govorner General and the Queen have amazing amounts of anti-democratic power that will never be wielded, cross my heart. The Prime Minister doesn't exist, yet is the single most important post in the land. Our government is a government of tradition, not paper. It is becoming a growing tradition that you don't muck with the bill of rights. You have the power to do so, but you don't touch it. __________________ Last edited by JHVH : 10-29-4004 BC at 09:00 PM. Reason: Time for a rest.