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October 15, 2010, by
3 comments

Inalienable rights cease to apply to government critics – Canadian democracy crumbles

New bail conditions placed on activist Alex Hundert mean he is now banned from speaking to the media. This bail condition comes after he was arrested  for speaking on A G20-themed panel at Ryerson University which was deemed by police "attending a demonstration" - also against the law in his case.

New bail conditions placed on activist Alex Hundert mean he is now banned from speaking to the media. This bail condition comes after he was arrested for speaking on a G20-themed panel at Ryerson University which was deemed by police "attending a demonstration" - also against the law in his case.

by Michael Wheeler

Only total disregard  and contempt for democratic rights could lead to a Canadian citizen being informed he or she may not speak on a university panel or to the media or they will be arrested. Especially when that person is talking articulately about the largest series of mass arrests and civil rights violations in Canadian history.

The police and Crown justification to this “unprecedented” infringement of rights is that allowing Alex Hundert to speak may endanger public safety. This excuse is so poor, distasteful, and utterly unconvincing, that it is an unmitigated insult to anyone who just wasted brain power considering it.

Bottom line: we have a constitution that means something (The Canadian Charter of Rights and Freedoms), or we do not. For it to exist in any meaningful way, it must enshrine the right of citizens who wish to speak both for and against the government. If it doesn’t do this very basic job then it totally useless, and Canada is one-step from being a tinpot dictatorship. “Rights” as we understand them in our society are beginning to have anything other little more than a cursory, symbolic meaning. If this ruling stands, it is safe to say we no longer live in a free and democratic society.

Now I am not a lawyer. I have never even taken my LSATs – but a cursory glance at the Charter indicates nine different rights the Crown and police have violated in this case:

Charter

Fundamental freedoms

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Read more here in The Toronto Star

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3 comments:

  1. Justin says:

    Arab spring is coming to Canada. If they want to try and take our rights, we will take their lives

  2. It’s so tempting to erase the above comment – but the irony of doing so to a comment under this post would be a bit much so here’s what I think:

    “Justin” is the internet version of an “agent provocateur”. By spreading violent ideas under false identities, these shady characters try to damage broad-based grassroots social movements by emulating their most extreme elements.

    Either that or “Justin” and I are on vastly different sides of the “diversity of tactics” debate. In either case – his ideas are not ones that I or Praxis can support, and it is this type of discourse that does immense harm to citizen led movements that can accomplish their aims through non-violent tactics including non-violent civil disobedience.

  3. Lynn Kirk says:

    Please understand the difference between Democracy (lynch mob) and Constitutional Monarchy.
    The last thing that the founding fathers of the USA wanted was a Democracy.
    It would appear that governments around the world and trying to drum into the minds of people that we are a democracy but we in Canada ARE NOT!!!!

    http://en.wikipedia.org/wiki/Constitutional_monarchy

    http://www.libertyunderfire.org/2010/06/the-founding-fathers-rejected-democracy/