2024-12-07 Saturday Peaceful Freedom Rally
11:00am - 12 noon Markham and Lawrence
Trozzi Bill of Rights defense?; Internet bills S-210, C-63 Online Harms
Jane Scharf asked on Facebook on Dec 4 why lawyer Michael Alexander did not use the Federal Bill of Rights to defend Dr Trozzi. While I do not speak for Michael, this question came up at the Toronto West Vaccine Choice Canada meeting on 2024-11-26. At the meeting Michael gave what I thought was a clear answer.
The Charter, with all it’s warts, is part of the constitution. As such it is the supreme law. When there is a conflict between the Charter and the Bill of Rights, the Charter prevails. This greatly limits the applicability of the Bill of Rights.
The Bill of Rights is a federal statute. The legislation the College of Physicians and Surgeons used to prosecute Dr. Trozzi is entirely provincial. Separation of powers between the federal and provincial governments is a fundamental part of Canadian confederation. The Federal Bill of Rights does not apply to provincial (or municipal) laws.
In Dr. Trozzi’s case there were non-Charter issues behind loosing his licence such as writing vaccine exemptions that the court also regrettably upheld, so it’s not clear that any defense could have saved his licence.
I agree with Jane Scharf, Michael Alexander and many others that s1 of the Charter or at least it’s interpretation by the Supreme court has made the Charter largely unfit for purpose. But I believe that holding out the Bill of Rights as a solution is providing false hope and distracting from the [daunting] task of strengthening or replacing the Charter.
Law professor Michael Geist reports that the government has finally split Bill C-63, the Online Harms Act, into two pieces and the very worst parts of it are sidelined but there are still reasons for concern. S-210 Protecting Young Persons from Exposure to Pornography Act has also not been introduced for 3rd and final reading where it is expected to pass. S-210 would require age verification and the surveillance it implies, across a wide swath of the internet, probably including sites like Google and Reddit. Openmedia has a petition to keep S-210 sidelined.
Rally at Markham and Lawrence this Saturday from 11:00am - 12 noon
Please bring a freedom related sign, flag, flyers etc. if you have them.
I will be at or near Markham and Lawrence, ending up directly outside Healthy Planet.