Preston Manning -- Lockdown Rules Are Violating Our Rights

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PNN
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Preston Manning -- Lockdown Rules Are Violating Our Rights

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https://nationalpost.com/opinion/presto ... -intervene

Preston Manning: Lockdown rules are violating our rights. I’m calling on the justice minister to intervene
Author of the article:Preston Manning, Special to National Post
Publishing date:Jan 26, 2021 • 1 day ago • 7 minute read

The following is an edited excerpt from a letter sent by Preston Manning, former leader of the Reform party and former leader of the official Opposition in Parliament, to Justice Minister and Attorney General David Lametti.

The primary purpose of this letter is to request action on the part of yourself and the House of Commons’ standing committee on justice and human rights to achieve a better and more equitable balance between: the protection of the health of Canadians through government measures adopted in response to the COVID-19 crisis and the protection of the rights and freedoms of Canadians as guaranteed by the Canadian Charter of Rights and Freedoms.
One of the unfortunate and presumably unintended consequences of the health protection measures has been the widespread and prolonged infringement of “fundamental rights” that are guaranteed by the charter:
Section 2(a), freedom of conscience and religion, is violated by restrictions on religious gatherings and worship;
Section 2(b), freedom of thought, belief, opinion and expression, is violated when elected officials and civil servants dismiss beliefs or opinions that differ from their governments’ positions, shame and censure those who seek greater balance between health protections and the protection of fundamental rights and freedoms, and encourage the banishment from social media platforms of those expressing different perspectives on how the COVID crisis should be handled.
Section 2(b) is further violated by the colleges of physicians and surgeons, which are government bodies to which the charter applies, when they send threatening letters to physicians for having publicly expressed their opinions about the grave harms that lockdowns are inflicting on Canadians;
Section 2(c), freedom of peaceful assembly, is violated by government orders that restrict (or ban) peaceful protests, and the selective enforcement of health orders (strict enforcement for anti-lockdown protests; little or no enforcement for anti-racism protests) severely undermines the rule of law; and
Section 2(d), freedom of association, is violated by government orders making it illegal for friends to spend time together, for families to eat Christmas dinner together and for Canadians to associate with each other as they themselves choose.
Regrettably, it must also be emphasized that these violations have been occurring for more than 10 months and in large and ever-increasing numbers throughout the country. Moreover, in addition to these violations of “fundamental freedoms,” other important rights and freedoms guaranteed by the charter are also being infringed, including widespread violations of democratic rights, mobility rights, legal rights, equality rights and the right of every citizen and permanent resident to “pursue the gaining of a livelihood.”
The denial of the right to pursue the gaining of a livelihood, which includes the right to work and operate a business, is particularly devastating, as it affects the social, economic and financial well-being of millions of Canadians.
While health under our Constitution is primarily a provincial responsibility, given the federal role in responding to COVID-19 and in bringing the charter into being, surely it is the federal government that ought to take the lead in balancing our COVID response with the rights and freedoms that are enumerated in the charter.
I acknowledge that Section 1 of the charter does permit governments to impose limits on the rights and freedoms of Canadians, so long as those limits can be “demonstrably justified” as “reasonable” in a free and democratic society. But in order for these measures to be seen as legitimate, the government has an obligation to provide Parliament, and the public, with evidence that it has done its due diligence and taken into account all the scientific evidence, including the views of those who disagree with the government’s assumptions.
For example, if the governmental response includes continued lockdowns, a demonstrable and reasonable justification would require the government to present a clearly written plan. Such a plan should:
show exactly why such extraordinary measures are required;
identify the nature and magnitude of the anticipated impacts of such measures;
propose concrete measures for mitigating the known collateral damage that such lockdowns produce; and
specify when these supposedly “temporary” measures will end, and on what basis (to say that lockdown measures will be lifted when the number of “cases” is “low enough” is not a satisfactory criterion and only generates massive uncertainty among workers, employers and investors).
The charter provides for the protection of the rights and freedoms of Canadians by declaring that: “Anyone whose rights or freedoms, as guaranteed by this charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.” The Constitution also empowers courts to declare that “any law that is inconsistent with the provisions of the Constitution is to the extent of the inconsistency, of no force or effect.”
However, I would suggest that these provisions are insufficient under the circumstances, given that the process of applying to the courts for relief is unfamiliar to, and beyond the means of, most Canadians. Since not all Canadians have the resources or the expertise to avail themselves of this right of appeal to the courts, inequality of access becomes a further limitation on the ability of Canadians to exercise this right.
Furthermore, if all the Canadians whose rights have been infringed over the last year were to apply to the courts for redress, it would overwhelm the court system. Even in the event of such a flood of applications, the courts are likely to view the health protection issue, particularly in an emergency, to be a policy matter to be dealt with by Parliament, not the judiciary.
As a lifelong democrat and a former parliamentarian, I completely agree that the balancing of conflicting rights is first and foremost the responsibility of the duly elected Parliament, with appeals to the courts being a measure of last resort. After all, Canada’s current Constitution was drafted and made law by elected representatives of the people, not appointed judges, so it is elected officials and those reporting to them (civil servants) who have the primary responsibility for protecting the rights and freedoms it guarantees and balancing that protection with other demands.
This leads me to a third request, namely that you and your parliamentary colleagues implement other measures that could be undertaken by Parliament, cabinet and the civil service to correct the current imbalance between the necessary protection of the health of Canadians and the equally necessary protection of their constitutionally guaranteed rights and freedoms.
These additional measures are required because what might have been confined to a health crisis has unfortunately been turned into a social crisis, an economic crisis, a pending financial crisis and a crisis for children, university and college students, and high-performance athletes — three cohorts of Canadians who are least vulnerable to the coronavirus and who ought to have been the least affected by efforts to limit its spread.
Allow me to suggest five such measures:
Public recognition by the prime minister and the government that the COVID-19 crisis has become a multi-dimensional public emergency that requires the government to broaden its management beyond the health department and the advice of the medical community to include a broader range of scientific expertise and the meaningful involvement of other federal agencies with experience and expertise in managing public emergencies.
The convening of special sessions of Parliament, until the COVID crisis has passed, in which each member will be given an opportunity to give a short report on the health situation in his or her constituency, the positive and negative impacts of the health-protection measures adopted and suggestions for securing a more balanced and effective response.
Ordering the Department of Justice to conduct comprehensive assessments of the impacts of health-protection measures on the rights and freedoms of Canadians; to openly and transparently present the results of such assessments to Parliament; to put forward proposals for balancing health protections with the protection of rights and freedoms; and to adopt and implement those balancing measures that receive majority support in Parliament.
Action by the ministers of finance, economic development and natural resources to introduce legislation requiring economic impact assessments to be performed on every major health and environmental protection measure proposed or adopted by the federal government.
The employment of due diligence in the development and implementation of these and whatever further measures are required to effectively balance the protection of the health of Canadians with the protection of their rights and freedoms.
Let me make crystal clear that I fully recognize that the coronavirus is a serious threat to the health and well-being of Canadians that requires substantive governmental action. I myself, due to age and a family predisposition to lung-related illnesses, am personally in a very vulnerable group.
But in the interests of all Canadians, I respectfully ask for your active support in achieving an equitable balance between the protection of the health of Canadians and the protection of their fundamental rights and freedoms under the Constitution, and an equitable balance between the physical well-being of Canadians and their social, economic and financial well-being.

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Duane Berke
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Preston Manning or anyone else does NOT have the right to infect me, members of my family or anyone else for that matter.

The USA is disintegrating before our eyes with 4,000 deaths per day and half a nation not following simple rules. Step up the fines immediately and consider jailing bold offenders running at the mouth. This is an international, global pandemic and the spinoff variants are worse.
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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Lockdowns and quarantines on this scale are for prisons, not supposedly free citizens of our disconstituional malarky.

Things will not improve with vaccinations. People are chasing that Golden Calf without realizing it will kill them.

The commiebanana republik formerly known as the USA - a term which is in esse a legal fiction because it no longer exists. Pedo Joe and company will keep killing Americans through deliberate neglect of healthcare, the Bananamerican economy and so forth. Only the states who leave form another "confederacy" will be able to do some good but I am even skeptical as to how much good.

Governments and the medical establishments are clueless idiotic tyrants and liars who are not to trusted or obeyed.. They should be strung up.

If you are going to die, you are going to die. I would rather live a shortened life with appreciable freedom than the bullshoot we are under now. WIth my health condition I am very susceptible of becoming super ill perhaps unto death by catching this overblown virus. Which is why I prefer solitude. I just cant stand being around sheeple without having the strong desire to cull them.

When spring hits, hop on your bike....live to ride and ride to live....seriously!
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Free Markets
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Live free and die! I preferred it when it was or. :D

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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Free Markets wrote: Fri Jan 29, 2021 5:21 pm Live free and die! I preferred it when it was or. :D
:))

Maybe a case of live and let die?

I wonder why sometimes eh
To live and die in CA(naduh)

I'm an ice bear
on this glacier I do thrive
but im so right wing
They want me dead not alive
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Connie Fournier
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Duane Berke wrote: Fri Jan 29, 2021 2:50 pm Preston Manning or anyone else does NOT have the right to infect me, members of my family or anyone else for that matter.

The USA is disintegrating before our eyes with 4,000 deaths per day and half a nation not following simple rules. Step up the fines immediately and consider jailing bold offenders running at the mouth. This is an international, global pandemic and the spinoff variants are worse.
You are making up your own "rights" and trying to say they supersede our Charter Rights.

My grandfather didn't risk his life going to war so that a bunch of boomers could give away everything he fought for.

I am sorry you are scared, but suggesting we should be put in jail for protecting our freedom is beyond the pale. You can be a fluffer for Justin Trudeau and his ilk if you want, but it isn't a good look.
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PNN
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Connie Fournier wrote: Wed Feb 03, 2021 2:41 pm
Duane Berke wrote: Fri Jan 29, 2021 2:50 pm Preston Manning or anyone else does NOT have the right to infect me, members of my family or anyone else for that matter.

The USA is disintegrating before our eyes with 4,000 deaths per day and half a nation not following simple rules. Step up the fines immediately and consider jailing bold offenders running at the mouth. This is an international, global pandemic and the spinoff variants are worse.
You are making up your own "rights" and trying to say they supersede our Charter Rights.

My grandfather didn't risk his life going to war so that a bunch of boomers could give away everything he fought for.

I am sorry you are scared, but suggesting we should be put in jail for protecting our freedom is beyond the pale. You can be a fluffer for Justin Trudeau and his ilk if you want, but it isn't a good look.
Not only that, but after about a year of this pandemic, I still don't know ONE person who has had this mysterious disease. Meanwhile, a church of 3,500 in my area reports two cases in all that time, including one in a person in his 80s. I suspect the numbers are being grossly and artificially inflated.

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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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We have the largest hospital between Ottawa and Toronto. We MIGHT have had 3 people in there at one point with COVID, but usually there has been 1, or none.

This has been going on for a full year now. We have experienced all of the seasons, including two flu seasons, and there has been no crisis. In fact, hospitals have been less burdened than other years where there was "hallway medicine" every winter.

I hope that at the one year mark (if not before), people will finally see that this has been 365 days of Y2K hysteria.

And, I want the people who made these decisions to pay.
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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Strange how we don’t hear about influenza cases. Covid must have strange magical powers because whatever other bug or virus it touches, presto!

It can do magic, it can change anything that it desires...
You know darn well Covid casts its spell,
Infernal lockdowns that will send government to Hell....
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and my fingers to war.

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Duane Berke
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

Post by Duane Berke »

11 children died of influenza in 2020 in Minneapolis. 0 child Covid deaths. This was brought up on CNN Sunday morning.
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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Duane Berke wrote: Mon Feb 08, 2021 12:44 pm 11 children died of influenza in 2020 in Minneapolis. 0 child Covid deaths. This was brought up on CNN Sunday morning.
Interesting but I dont trust MSM. The search for answers continues......
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PNN
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Connie Fournier wrote: Mon Feb 08, 2021 8:45 am We have the largest hospital between Ottawa and Toronto. We MIGHT have had 3 people in there at one point with COVID, but usually there has been 1, or none.

This has been going on for a full year now. We have experienced all of the seasons, including two flu seasons, and there has been no crisis. In fact, hospitals have been less burdened than other years where there was "hallway medicine" every winter.
Yes! This is the case everywhere. A local church of 3,500 congregants has had TWO cases of COVID in the year -- one of those in a person in his 80s with pre-existing conditions. You call that a pandemic justifying the closure of civilization??

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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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This is why we know the lockdowns are part of something larger and more sinister.
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Duane Berke
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

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Let me be clear. Our "charter" rights are meaningless. This was TrootOWE I. I did not vote on them then nor have I ever. The Canaduh Charter of Rights and Freedoms is meaningless to millions. It was more central Canaduh BS.

I will speak freely and love what I wish and hate what I wish. If there's an issue with that, then the pretend cunt-ry is wrong.

NOBODY has the "right" to infect me or my friend or neighbours.
"When you get to the end zone, act like you've been there before." - Vince Lombardi
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Ursus
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Re: Preston Manning -- Lockdown Rules Are Violating Our Rights

Post by Ursus »

Unfortunately we more or less live with Freedom is Slavery as the soup de jour. How can we believe the govt cares about our rights, real or imagined, when they have acted in the manner they have done since the inception of the Wuhan virus?

If I started to speak freely about what I wanted to, even though it is the objective truth, if it goes against the whim of Caesar, then I will quickly see how "free" I will be. Or my time of freedom will be governed by how long it takes them to find me, or if I really have the cajones to throw lead at those who wish to imprison me, how long before I am taken out myself.

The "right" to not be infected is equal to the govt's "right" to treat its citizens as criminals because the govt said it ok to travel but if you do and come back we are going to punish you but we wont tell you that we will. Practically speaking, it amounts to ZERO. "All animals are equal but some animals are equal than others." This is our present PRACTICAL reality.

Now from a moral point of view, if one believes in objective reality -right/wrong/good/evil, we enter the realm of discussion as to what are rights, who has them, what are they, and from whom/where are they derived.
Blessed be the Lord my God, who teacheth my hands to fight,
and my fingers to war.

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