Doubt away, it’s a semi free country. Try it yourself, many people bedsides myself were politely declining their offer.
Voided? Sure, agreed, if the gov wants to take it all the way to the SCOC. Except section 6, right to enter and move about Canada. This was deemed so important, the drafters made it immune to the notwithstanding clause.
I agree that the gov (provincial or feds) can try to legislate away that right, and may be successful in the short term because of ruling by fear of consequences, but it will fall like a house of cards if and when it gets taken to the SCOC.
Quote:
“ It is important to note that section 6 is not subject to section 33, the Charter’s notwithstanding clause. If invoked, the clause allows governments to ignore certain Charter rights. However, when the notwithstanding clause was drafted, mobility rights were determined to be of such fundamental importance that the Charter drafters decided that governments could not override those rights by invoking the clause. In effect, individual mobility rights were given an additional safeguard from government interference. ”
https://www.constitutionalstudies.ca/2020/03/travel-restrictions-in-a-pandemic-what-are-your-charter-rights/
Think yourself lucky Canada that at least you have a somewhat functional constitution. The UKs last remaining bill of rights. the Magna Carta, was watered down over years to useless levels. Now, the law of the land in the UK is essentially that, unless something is expressly defined by legislation to be illegal, it is not technically illegal.
I’m confident close to zero, if not total zero green tickets has been successfully prosecuted. I sent the ones I got off with the court option ticked and I never heard back.
Doubt away, it’s a semi free country. Try it yourself, many people bedsides myself were politely declining their offer.
Voided? Sure, agreed, if the gov wants to take it all the way to the SCOC. Except section 6, right to enter and move about Canada. This was deemed so important, the drafters made it immune to the notwithstanding clause.
I agree that the gov (provincial or feds) can try to legislate away that right, and may be successful in the short term because of ruling by fear of consequences, but it will fall like a house of cards if and when it gets taken to the SCOC.
Quote: “ It is important to note that section 6 is not subject to section 33, the Charter’s notwithstanding clause. If invoked, the clause allows governments to ignore certain Charter rights. However, when the notwithstanding clause was drafted, mobility rights were determined to be of such fundamental importance that the Charter drafters decided that governments could not override those rights by invoking the clause. In effect, individual mobility rights were given an additional safeguard from government interference. ” https://www.constitutionalstudies.ca/2020/03/travel-restrictions-in-a-pandemic-what-are-your-charter-rights/
Think yourself lucky Canada that at least you have a somewhat functional constitution. The UKs last remaining bill of rights. the Magna Carta, was watered down over years to useless levels. Now, the law of the land in the UK is essentially that, unless something is expressly defined by legislation to be illegal, it is not technically illegal.
I’m confident close to zero, if not total zero green tickets has been successfully prosecuted. I sent the ones I got off with the court option ticked and I never heard back.