Canadian Charter of Rights and Freedoms

[mbarrick]

As pertinent to the arbitrary detaining of protesters and bystanders last weekend in Toronto:

2. Everyone has the following fundamental freedoms:
    (a) freedom of conscience and religion;
    (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
    (c) freedom of peaceful assembly; and
    (d) freedom of association.

7.  Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

8. Everyone has the right to be secure against unreasonable search or seizure.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Taken directly from http://www.efc.ca/pages/law/charter/ [emphasis mine]

Comments

[dream-king.livejournal.com]

Forgive me, I am not too familiar with our constitution but... doesn't the Not Withstanding clause allow the suspension of the Charter?

[mbarrick.livejournal.com]

Not really, and certainly not in this case. A provincial legislature can pass laws that invoke the the notwithstanding clause, but it has to be done overtly, i.e. the law has to specifically state that it is notwithstanding the charter and specify exactly which sections, and can only contravene section 2 and sections 7 through 15. The Ontario Public Works Protection Act (which is the act that was amended temporarily for the G20) contains no such clause.

Also, the amendments to this act, applied solely to the G20 fenced security area and granted no additional authority to the police outside of the security zone. Really all it did was make the security zone equivalent to a "public work" like a power station or sewage plant, where the guards have the right to ensure anyone going in has legitimate business there and detain anyone who doesn't or refuses to cooperate with a guard. The hundreds of people arrested for exercising their right to peaceful assembly and freedom of expression were arrested illegally, without a doubt in my mind.