by The Honourable A. Brian Peckford
August 2, 2023
SORRY JUDGES , SELF EVIDENT; JUDEAO CHRISTIAN GOD. THAT’S WHAT WE WERE THINKING IN NOVEMBER , 1981.
I MADE AN ERROR.
IN MY PREVIOUS BLOG POST I SAID THERE WERE NO REFERENCE TO GOD IN ANY OF THE CASES REFERRED IN THE LATEST ALBERTA CASE INVOLVING THE CHARTER.
IN R. V BIG DUG MART LT. DATED APRIL 24, 1985 REFERENCE IS MADE IN THAT DECISION TO THE REMARKS OF ALBERTA PROVINCIAL COUT JUDGE STEVENSON IN 1983 WHERE HE OPINED QUOTED BY THE COURT :
‘Judge Stevenson adverted, at p. 76, to the preamble of the Charter:
A purpose of the Lord’s Day Act is to recognize Sunday as the day of rest for certain Christian denominations. If one now turns to the preamble of the Charter we see that, “Canada is founded upon principles that recognize the supremacy of God”. Bearing in mind that the preamble may not carry the force of law, it still shows that the Charter does not recognize any particular denomination, and (noticeable by its absence) it does not refer to a Christian God. The preamble surely is intended to reflect the multicultural and multi‑denominational make‑up of Canada. If, then, a law which in any way adversely affects the religious freedoms of Canadians is in conflict with the Charter, it must be struck down in accordance with s. 52 of the Charter.’
NO—NO—NO.
THE FIRST MINISTERS IN NOVEMBER 1981 THOUGHT IT SELF EVIDENT . WE WERE ALL CHRISTIANS AND THE ONLY GOD WITH WHICH WE WERE FAMILIAR WAS A JUDEAO CHRISTIAN GOD .
AND THE JUDGE USES ‘INTENT’ AS HIS REASON .
AS ONE WHO WAS THERE WE DID NOT INTEND IT TO BE MANY GODS OF VARIOUS RELIGIONS .
WE KNEW ONLY ONE GOD , THE JUDEAO CHRISTIAN GOD.
IT IS SAD INDEED WHEN A JUDGE CAN HAVE HIS OPINION OF WHAT HE THOUGHT THE FIRST MINISTERS MEANT BECOME THE THE JUDICIAL INTERPRETATION AND ‘THE LAW’ OF THE COUNTRY.
AND THEN OPINES ALSO THAT ‘WHEREAS CANADA IS FOUNDED UPON PRINCIPLES THAT RECOGNIZE THE SUPREMACY OF GOD AND RULE OF LAW :‘ MAY NOT CARRY THE FORCE OF LAW?
EXCUSE ME?
DOES THE JUDGE PROVIDE AN EVIDENCE OF THIS ? NO!
AND THE FUZZY WORDING OF ‘MAY.’
THE SUPREMACY OF GOD WORDING IS IN PART 1 OF THE CHARTER , YOUR HONOUR!! IT HAS THE SAME FORCE OF LAW AS ALL THE OTHER PARTS OF THE CHARTER.
OF COURSE, THE CHARTER CAN BE CHANGED —NOT BY THE JUDGES , BUT BY THE DULY ELECTED PROVINCIAL GOVERNMENTS AND THE FEDERAL GOVERNMENT AND THEIR LEGISLATURES AND PARLIAMENT , AS PROVIDED FOR UNDER THE CHARTER , PART V.
