Canada’s Been Destroying Itself Since The Constitution Act of 1982 – Is This The Last Chapter ?

Commentary, Civil Liberties, Government, Brian Peckford

The ink was hardly dry on the Patriation Agreement of 1981, which became the Constitution Act of 1982, and the destruction began.

Elements, for their own reasons, began to twist and misrepresent how the deal came together. There were mysterious kitchen notes by some in the Chateau Laurier Hotel that somehow found their way into being the new Patriation Agreement. Meanwhile Premiers and Ministers and officials were toiling away on that same night of November 4 in the Saskatchewan suite putting together from a Newfoundland proposal what would become the Patriation Agreement the next day, the Constitution Act of 1982 with a full Charter of Rights and Freedoms as part of it. Even Pierre Eliot Trudeau, the great adversary up until that day, acknowledged to the Press on November 5 , the origin of the deal.

Books and websites that record the myths were written by the likes of Robert Sheppard and Michael Valpy in ‘The National Deal , The Fight for the Canadian Constitution ‘ and later by Ron Graham ; ‘The Last Act: Pierre Eliot Trudeau , The Gang of Eight And the Fight For Canada.’

These myths culminated in the article by two University of Alberta Professors, Cooper and Morton, in the National Post in 1999 ‘The Night of the Long Knives : Who Dunnit?’

It was then that my two deputy Ministers and I corrected the record culminating in my best seller book of 2012 : ‘Some Day The Sun Will Shine and Have Not Will Be No More.’ Documents laid out in the book prove that the authors and professors did not know what they were talking about. And for the record there was no night of the long knives , Quebec was in Hull that late night having a dinner—unavailable.

Then there was silence.

On another level, simultaneously , the Charter of Rights and Freedoms was been denigrated since its inception by notions of jurisprudence creeping in that belittle and confuse the plain meaning of the words in the Charter .

That culminated in decisions out of the Charter that made law , rather than interpreting law. The books by Robert H. Bork of the US and Morton and Knopff in Canada highlight this Constitutional attack.

And now today —The Governments of Canada and the lower courts blatantly ignore the Charter Provisions —-ignore the opening words of the Charter : whereas Canada is founded on the principles of the supremacy of God and the rule of law:

Is this difficult to understand or misinterpret???

Ignore Sections 2, 6, 7, and 15–freedoms and rights plainly written that a grade 8 student can understand.

And the ultimate insult to the Charter is the deliberate misuse and twisting of the meaning of Section 1 .

This override of the peoples’ freedoms and rights was intended to apply to a situation where the state was in peril , insurrection or war. Not in a situation of a manufactured emergency where there was a 99% survival rate and less than a 1% fatality rate. This does not constitute the state in peril even in the most elastic of definitions.

That’s why the Charter is in the Constitution not a Federal or Provincial Act . To give it permanence, to be part of the National Document of Permanence.

That was the intent of Section 1. I was there!!!

And even when it does apply there are 4 tests: demonstrably justify , by law, with reasonable limits and being consistent with a free and democratic society.

So, even for arguments sake, Section 1 did apply these tests have not been met.

And now in a desperate move to further denigrate our Constitution , the Government of Canada declares the Emergency Act.

The conditions in Ottawa today do not constitute a state in peril, an insurrection, a war.

Section 1 of the Charter does not apply. And even if it did there is no fulfilling of the test ‘demonstrably justify.’

This is Constitutional Destruction in real time.

Trying to fit a round peg in a square hole .

Canada was silent after I revealed the truth of how the Patriation Agreement came together in 1981.

Will Canada stand with the truckers now , stand for rights and freedoms duly negotiated, break out of their slumber , and exclaim ——

‘Some Day The Sun Will Shine —And Constitutional Coercion Will Be No More!!!’

 

The Honourable A. Brian Peckford P.C. is the last surviving First Minister that helped craft Canada’s Constitution Act 1982 and its Charter of Rights and Freedoms.