by The Honourable A. Brian Peckford
August 2, 2023
Canada’s Courts Make Up Their Own Unconstitutional Charter , Latest Alberta Court Decision A Good Example —-
‘Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
These are the opening words , FIRST WORDS of Canada’s Charter of Rights and Freedoms in which I am the only living first minister whose signature is on the founding document , the Patriation Agreement.
These are the two founding principles that are suppose to guide courts on the interpretation of the rest of the Charter.
NOWHERE IN THIS LATEST ALBERTA COURT OF KING’S BENCH DECISION ( JULY 31, INGRAM VS ALBERTA(CHIEF MEDICAL OFFICER OF HEALTH, 90 PAGES) IS THERE ANY REFERENCE TO THE ABOVE WORDS AND CONCEPTS.
IN REFERRING TO OTHER EARLIER CANADIAN COURT DECISIONS IN BRITISH COLUMBIA, MANITOBA, ONTARIO, QUEBEC, SUPREME COURT OF CANADA , ON WHICH JUSTIFICATION WAS SOUGHT FOR THIS DECISION THERE ISN’T ANY REFERENCE TO THESE OPENING WORDS AND CONCEPTS OF THE CHARTER .
IN OTHER WORDS THE COURTS OF CANADA HAVE DECIDED WHAT SECTIONS OF THE CHARTER TO USE IN DECIDING A JUDGEMENT OF A CASE INVOLVING THE CHARTER EVEN THOUGH IT IS OBVIOUS TO ANY PLAIN READING OF THE CHARTER THAT THESE ARE THE OPERATING CONCEPTS OR FRAMEWORK TO BE CONSIDERED. THEY ACTUALLY INTRODUCE THE CHARTER , FRAMING ITS CONCEPTUAL PARAMETERS.
HERE IS ACTUALLY HOW IT IS PRESENTED
‘SCHEDULE B
CONSTITUTION ACT , 1982
PART 1
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
WHEREAS CANADA IS FOUNDED UPON PRINCIPLES THAT RECOGNIZE THE SUPREMACY OF GOD AND THE RULE OF LAW:’
WHY DID I AGREE TO THEIR INCLUSION ?
BECAUSE I THOUGHT THAT THESE WERE FUNDAMENTAL CONCEPTS UPON WHICH THE REST OF THE CHARTER WOULD BE INTERPRETED . SO DID ALL THE OTHER FIRST MINISTERS WHO SIGNED THE PATRIATION AGREEMENT.
THIS IS NOT AN APPENDIX —-OR A PREFACE —IT CONSTITUTES PART 1 OF THE CHARTER!!!
FOR THIS TO BE NO LONGER VALID AND NOT BE A PART OF THE CHARTER THE CONSTITUTION HAS TO BE CHANGED .
AND THERE IS AN AMENDING FORMULA IN THE CHARTER FOR THIS—
‘PART V—PROCEDURE FOR AMENDING CONSTITUTION OF CANADA’.
SO WHY IS THIS HAPPENING ?
BECAUSE WE HAVE BLINDLY TRUSTED THE THREE BRANCHES OF OUR GOVERNMENT , LEGISLATIVE, EXECUTIVE AND JUDICIAL. TO ACT IN GOOD FAITH CONSISTENT WITH THE SUPREME LAW OF CANADA , OUR CONSTITUTION .
AND THEY HAVE LET US DOWN.
EXECUTIVE AND JUDICIAL POWER IS THE ORDER OF THE DAY! THE LEGISLATURE / PARLIAMENT , THE PEOPLE LOST!
DEMOCRACY ——???ADHERENCE TO THE CONSTITUTION??
