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.
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:
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.
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