Since when are your fundamental rights "conditional"? Obviously section 1 in the charter places reasonable limits on Canadians rights but AFAIK Canadians are not yet able to get arbitrarily arrested and charged as cops and politicians see fit. I'd like to think are judiciary system still respects the charter.
OK this is how it works. Governments, provincial and federal, have a right to violate the Charter of Rights and Freedoms as they see fit, so nothing is guaranteed. All the government needs to show is "demonstrable justification" for their violation of the Charter, which must be disclosed when challenged in court.
Now, if the government's charter violation is struck down by the courts, they can invoke the notwithstanding clause so the Charter violation remains in effect.
Since when are your fundamental rights "conditional"? Obviously section 1 in the charter places reasonable limits on Canadians rights but AFAIK Canadians are not yet able to get arbitrarily arrested and charged as cops and politicians see fit. I'd like to think are judiciary system still respects the charter.
There's a notwithstanding clause in the charter. The government can suspend your rights whenever it sees fit. Hence, their conditionality.
The government has not invoked the notwithstanding clause for this pandemic.
OK this is how it works. Governments, provincial and federal, have a right to violate the Charter of Rights and Freedoms as they see fit, so nothing is guaranteed. All the government needs to show is "demonstrable justification" for their violation of the Charter, which must be disclosed when challenged in court.
Now, if the government's charter violation is struck down by the courts, they can invoke the notwithstanding clause so the Charter violation remains in effect.
See this for more info: https://thepostmillennial.com/exclusive-constitutional-lawyer-answers-your-lockdown-questions/