CLN4U Stat.Interpretation by Jake Beale https://padlet.com/jaketdbeale/cln4u_stat_interpretation Interpreting the CCRF en-us 2022-05-16 14:40:50 UTC 2022-05-16 17:03:39 UTC hello@padlet.com https://padlet.net/icons/png/1f4dc.png Was the Ottawa Protest lawful via the right to protest? -Jazmin&Emma https://padlet.com/jaketdbeale/cln4u_stat_interpretation/wish/2186068584 It is legal and protected under ss.2(b) and 2(c) of the Canadian Charter of Rights and Freedoms which guarantees freedom of expression and peaceful assembly, which the Ottawa trucker's protest violated. So yes, protesting in Canada is a constitutional right but there is a catch: The protest in question must be a “peaceful assembly” in order to be legal.

The Criminal Code specifically defines an unlawful assembly as:

An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

  • (a) will disturb the peace tumultuously; or
  • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
]]> 2022-05-16 16:47:25 UTC https://padlet.com/jaketdbeale/cln4u_stat_interpretation/wish/2186068584 do vaccine passports infringe mobility freedom? da914te https://padlet.com/jaketdbeale/cln4u_stat_interpretation/wish/2186069867 vaccine passports do not infringe mobility freedom because s.1 Canadian Charter: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

In Canada we are able to limit fundamental freedoms, if we can show that the limitations are reasonable. As seen in the War Measures Act, we are able to limit if it ensures Canadians safety-- or for overall betterment. The mobility freedoms of Canadians are not violated after investigating s.1 CCHR via modern principle ("textual, contextual and purposive analysis of the statute or [the] provision in question”).

Daina, Vamp, Erin, Odain, ]]> 2022-05-16 16:48:11 UTC https://padlet.com/jaketdbeale/cln4u_stat_interpretation/wish/2186069867 Was PM Emergency act justified? https://padlet.com/jaketdbeale/cln4u_stat_interpretation/wish/2186084808 Context: during the freedom convoy protest, Justin Trudeau used federal emergency powers to counter road blocks and protests against mask mandates. This use of emergency powers was not justified.


2 Everyone has the following fundamental freedoms:

  • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly

Emergency Act conditions
The Emergencies Act, which became law in 1988, is a federal law that can be used by the federal government in the event of a national emergency.
The Act contains a specific definition of “national emergency” that makes clear how serious a situation needs to be before the Act can be relied upon.  A national emergency is an urgent, temporary and critical situation that seriously endangers the health and safety of Canadians or that seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.  It must be a situation that cannot be effectively dealt with by the provinces and territories, or by any other law of Canada. There are four types of emergencies that can be declared under the Emergencies Act:

  • A public welfare emergency
  • A public order emergency
  • An international emergency
  • A war emergency

The Emergencies Act can be invoked to grant temporary additional and necessary powers to the federal government when provincial, territorial and federal tools are no longer sufficient to deal effectively with the serious issues being faced, such as the ability to make orders or regulations that are believed, on reasonable grounds, to be necessary to respond to the issues at hand. Such issues include public health and safety risks as well as economic issues.

Anthony, Fearghas, Mason, Austin, Crimson, Carter, Joe, Tae
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