• threeonefour@piefed.ca
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      19
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      2 days ago

      Yes. Courts ruled the government would be violating section 7, “Life, liberty and security of the person”. Section 33 is the notwithstanding clause which allows governments to ignore section 7, among many others.

      Section 33, Notwithstanding clause:

      Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

      If you’re curious about which rights the government is allowed to ignore:

      Section 2(a) – Freedom of religion
      Section 2(b) – Freedom of expression
      Section 2© – Freedom of peaceful assembly
      Section 2(d) – Freedom of association
      Section 7 – Life, liberty and security of the person
      Section 8 – Search and seizure
      Section 9 – Arbitrary detention
      Section 10(a) – Right to be informed of reasons for detention or arrest
      Section 10(b) – Right to counsel
      Section 10© – Habeas corpus
      Section 11(a) – Right to be informed without unreasonable delay of the specific offence charged
      Section 11(b) – Trial within a reasonable time
      Section 11© – Protection against testimonial compulsion
      Section 11(d) – Presumption of innocence
      Section 11(e) – Right not to be denied reasonable bail without just cause
      Section 11(f) – Trial by jury
      Section 11(g) – Retroactive offences
      Section 11(h) – Protection against double jeopardy
      Section 11(i) – Lesser punishment
      Section 12 – Cruel and unusual treatment or punishment
      Section 13 – Protection against self-incrimination
      Section 14 – Right to an interpreter
      Section 15 – Equality rights

    • dermanus@lemmy.ca
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      11
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      2 days ago

      Section seven is subject to it.

      It’s mainly stuff related to elections that can’t be overruled since the remedy to misusing it is supposed to come at the ballot box.

      • twopi@lemmy.ca
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        1 day ago

        Add to this the fact that convicted criminals can also vote so just charging all your opoments with a crime shouldn’t work.