Property Rights and The Charter of Rights & Freedoms (2024)

    Everyone has heard of the Canadian Charter of Rights and Freedoms but most likely doesn’t know everything that is in it or what it all covers/entails.  Similar to the American Amendments, it lays out the rights that people have within Canada.  However, it differs in the rights themselves and that in Canada it says that the government gives people those rights, whereas, in the US, it says that everyone has those rights regardless of what the government says or does.  Putting this into simpler terms, in the US, the government can’t say that your rights don’t exist anymore or that they’re temporarily ignored just because they say so and in Canada, it’s the opposite.  Since the government gave us these rights, they can take them away whenever they feel that it benefits them.
 
   What I believe needs to happen, sooner rather than later, is that we need to change our Charter to recognize that everyone has certain rights that the government cannot take away or limit without very good reason and then only when the courts deem it okay to do so, like in the US.  Why I compare our system with that of the US is because that’s how their rights work.  They are the only country on Earth that has the freedom of speech.  Canada has the “privilege” (rights can’t be taken away but privileges can) of expression but that is being eroded away.  By having our rights protected from the government, this will limit their potential for and actual tyranny in those areas because we will have the backing and safety net of the courts.  As it is now, the government can do pretty much whatever it wants and if there’s enough pushback or they believe there will be, they can use the Notwithstanding Clause of the Charter.  What this means is that the government states that they know that they’re taking away our rights but they’re allowed to.  This clause is a loophole for our rights that the federal or provincial governments can use at any time of their choosing.  This should not be allowed.  And should the government take away our rights without using the Notwithstanding Clause, it takes months to years to have the courts force the government to back down.  By then it’s too late because the damage has been done.
 
   Once we change the Charter to not allow governments to abuse their power and force their will onto the people, we will start to feel some positive change in our country.  Some of the basic rights and freedoms (as long as the governments allow it) that most people either know or take for granted that we have in Canada are:

• the freedom of expression, religion, press, peaceful assembly, and association
• to not be deprived of life, liberty, and security of the person
• after being charged with a crime to be tried in a reasonable time
• not to be subjected to any cruel and unusual treatment or punishment
• be treated equally, regardless of age, sex, etc.

 
   One more item that should be included but isn’t is the right to one’s property.  The government should not be allowed to expropriate (fancy word for take away or steal) anyone’s property for any reason, aside from proceeds from crime.  We are hearing more and more about municipal governments taking away people’s property so that they can build something else on their property.  This is wrong in every which way.  Another great example is with firearm owners because the Liberal government has been trying to take away firearms from the law-abiding for many years now.  Whether it’s land or a moveable object, all property should be safeguarded from the government’s corrupt or greedy hands. 
 
   No political party is talking about changing the Charter to be more protective of the people but they all should be.  However, we all know that the parties are only out to serve themselves and their friends.  This needs to end!