Premiers Houston and Holt
Canadians are waking up to the realization that panic has set in your offices. The widespread use of your so called powers to limit the rights of individuals follows on the heals of the unconstitutional use of the Emergency Act by the Federal Government during the legitimate Truckers Protest.
One must be very careful to identify legitimate danger to the public and act accordingly. Everyone knows of the wild fires but in attempting to ‘protect the pubic’ one must be mindful of citizens’ rights and not to exaggerate the danger and unnecessarily violate individual rights and freedoms under our constitution. As the last living first minister who was involved in the creation of the Charter of Rights and Freedoms, I implore you and your Cabinet and Legislative Assembly to be fully engaged in acting to oppose the restriction of individual rights and freedoms and to ensure that Section 1 of the Charter is followed . To suspend rights and freedoms of individuals one must ‘demonstrably justify’ such actions. This, from my information, you have not done.
Section 1 states
“The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
These freedoms include” assembly” and ‘association ‘ and the legal right to ‘life and liberty.’
In John Carpay ‘s ( President of the Justice Centre for Constitutional Freedoms ) letter to Premier Holt he quotes Allison Pejovic , constitutional lawyer who worked on my constitutional case :
‘Constitutional lawyer Allison Pejovic states that these sweeping restrictions violate Canadians’ right to liberty – protected by section 7 of the Canadian Charter of Rights and Freedoms.
Ms. Pejovic writes that “walking through the woods and fishing do not pose a risk of starting fires. Punishing Canadians by restricting their freedom to roam and enjoy nature is disproportionate and not rationally connected to preventing forest fires.”
You owe it to the people to involve them through their Legislature and to clearly prove, demonstrable justify, what you are unilaterally doing. Otherwise your actions are unconstitutional. Furthermore, the fines being implemented are unreasonable and government over reach and an insult to democratic governance.
Honourable A. Brian Peckford
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Author: brianpeckford
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