Re:The Slow and Painful Death of Freedom in Canada
by huhtenberg on Sunday April 28, 2013 @04:47PM
(#5622699)
> 50 or more people
And the way this provision is abused "when needed" is by injecting imposter demonstrators into an assembly until it gets over the 50 limit and then having a legal reason to shut the whole thing down. This made news several times in a context of protests in Moscow, so I'm guessing the technique is just seeing a wider adoption now.
Re:The Slow and Painful Death of Freedom in Canada
by obstacle1 on Sunday April 28, 2013 @03:01PM
(#5622292)
Freedom of peaceful assembly is protected under section 2 of the Charter. I am unsure of whether or not Bill 78 would hold up to a charter challenge, but it is already on its way through the courts.
It kind of bothers me that Canada as a whole gets crapped on for one province's shady law. It is kind of like condemning the whole of the USA for Texas allowing capital punishment.
Re:The Slow and Painful Death of Freedom in Canada
by dlitz on Sunday April 28, 2013 @04:07PM
(#5622542)
The funny thing about the Charter, is that section 1 basically means you never really know what your constitutional rights are, because they are all subject to "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society".
http://en.wikipedia.org/wiki/Section_One_of_the_Canadian_Cha...
Re:The Slow and Painful Death of Freedom in Canada
by jessriedel on Sunday April 28, 2013 @04:46PM
(#5622696)
That seems pretty equivalent to the "compelling government interest" which can supersede the rights of US citizens.
Re:The Slow and Painful Death of Freedom in Canada
by Locke1689 on Sunday April 28, 2013 @06:34PM
(#5623089)
Please re-read that article. Compelling government interest alone is not enough to pass strict scrutiny.
Re:The Slow and Painful Death of Freedom in Canada
by jessriedel on Tuesday April 30, 2013 @02:33PM
(#5634021)
Sure, I said "similar" not "identical". Being narrowly tailored and the least restrictive means, as determined at some hypothetical point in the future by the judgement of justices a laymen is forced to trust, gives me minimal comfort.
Re:The Slow and Painful Death of Freedom in Canada
by pyre on Sunday April 28, 2013 @03:19PM
(#5622368)
All of the other things in the article are at a Federal level. I think it's just trying to show a general pattern of limiting freedoms that has seeping into Canadian politics.
Re:The Slow and Painful Death of Freedom in Canada
by diego_moita on Sunday April 28, 2013 @03:30PM
(#5622415)
Please correct me if I am wrong but I understand that, since Quebec is the only province that doesn't endorse the Charter of Rights, it is probably a moot point if Bill 78 holds up such challenge.
Not that I support the Bill, far from it. What I support is Quebec signing the Charter.
Re:The Slow and Painful Death of Freedom in Canada
by 3pt14159 on Sunday April 28, 2013 @05:04PM
(#5622764)
All Canadians have these rights, regardless of the provinces endorsement.
Re:The Slow and Painful Death of Freedom in Canada
by obstacle1 on Sunday April 28, 2013 @07:19PM
(#5623242)
Unless Quebec successfully separates, its citizens and governors are subject to the Charter. Endorsement or not.
Re:The Slow and Painful Death of Freedom in Canada
by subsystem on Sunday April 28, 2013 @03:19PM
(#5622371)
As far as I know the bill was overturned after the ruling party lost the election. It does show a willingness to handle these kind of situation with "emergency laws". Then there was also this: http://www.cbc.ca/news/canada/toronto/story/2010/12/07/ombud...
That's creepy. Would that pass a legal challenge in Canada's higher courts? The right to assemble is a constitutional right in the US. How does that work in Canada?
I looked up Canadian freedom of speech laws and came across
http://en.wikipedia.org/wiki/Freedom_of_speech_in_Canada
specifically: “Limits on speech were incorporated in the criminal code in relation to treason, sedition, blasphemous and defamatory libel, disruption of religious worship, hate propaganda, spreading false news, public mischief, obscenity, indecency and other forms.”[3]
That generality is pretty ominous sounding.