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Have you read Canada’s constitution? (piefed.ca)
submitted 4 months ago by to c/askacanadian@lemmy.ca
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[–] 15 points 4 months ago* (8 children)

Do you mean the Canadian Charter of Rights and Freedoms or the laws titled British North America Act that were later named Constitution Act in 1982, which also put the Charter into force?

Because my answer is yes to the former, no to the latter.

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  • [–] 5 points 4 months ago (7 children)

    And, if anyone hasn't read the Canadian Charter of Rights and Freedoms, put aside five minutes and read it.

    https://www.canada.ca/content/dam/pch/documents/services/download-order-charter-bill/canadian-charter-rights-freedoms-eng.pdf

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  • [–] 5 points 4 months ago (5 children)

    Canada is founded upon principles that recognize the supremacy of God

    :/

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  • [–] 2 points 4 months ago* (4 children)

    You dropped the most important word of that sentence; the word that means, "This sentence has no legal bearing."

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  • [–] 1 point 4 months ago* (3 children)

    You mean the "whereas"? Doesn't that just mean that this is a given and everything coming after is based on this?

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  • [–] 3 points 4 months ago (2 children)

    "Whereas" marks the paragraph as part of the preamble. The preamble of legislation has no operative effect. It can be used to explain the purpose of a law which can be used when interpreting intent, but it can't be used to create new powers or take rights away from people. It was tested in https://en.wikipedia.org/wiki/Mouvement_la%C3%AFque_qu%C3%A9b%C3%A9cois_v_Saguenay_(City) where iiuc there was an attempt to use the preamble to justify prayer in City Council meetings, and the SCC gave a unanimous ruling that it was a breech of citizen's rights despite the "supremacy of god" whereas.

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  • [–] 1 point 4 months ago (1 child)

    If you say that we have law X because of reasons Y, then doesn't it invalidate X when Y no longer holds?

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  • [–] 1 point 4 months ago*

    No, the preamble cannot make laws inactive. If you wanted the legislation to have a limited term (like a sunset clause) or only apply in certain circumstances, you would have to put that in the actual body of the legislation. Legislation can only be changed by act of the legislative assembly, even if it has become archaic or obsolete. I think the judiciary can strike down entire acts if the assembly refuses to fix constitutional issues, not sure how that works.

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    • [–] 7 points 4 months ago* (last edited 4 months ago) (1 child)

    There are two blogs every Canadian should read who cares about privacy:

    David Fraser https://blog.privacylawyer.ca/

    Michael Geist https://www.michaelgeist.ca/feed/

    Edit: changed David's link from his RSS to his website for those not using RSS.

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    • [–] 2 points 4 months ago

    No. But I'm not Canadian. However, now you've made me curious (otherwise I wouldn't have responded).

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    [–] 2 points 4 months ago (1 child)

    Not in over 30 years

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    • [–] [S] 1 point 4 months ago (11 children)

    If you have does it say anything about privacy?

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  • [–] 5 points 4 months ago* (10 children)

    The Charter contains this clause:

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

    Which is what is applicable to privacy. This right, as with all rights in the Charter, is subject to "reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". Mandating digital service companies to keep tabs on everyone they serve in Canada, just in case it's needed to investigate a crime later, seems like an uphill battle for the Government to justify in court, if that is what you were asking for.

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  • [–] [S] 4 points 4 months ago (9 children)

    That’s exactly what I’m asking for! Thank you.

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  • [–] 1 point 4 months ago* (last edited 4 months ago) (8 children)

    So you didn't want conversation, you just wanted to get an answer about their contents?

    EDIT: lmao, this has gotten a lot of people quite salty to the point that they're either deleting their comments or blocking me.

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  • [–] 1 point 4 months ago (4 children)

    This community is to ask not discuss.

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  • [–] 3 points 4 months ago (3 children)

    Usually it's asking for the purpose of generating discussion.

    Like, "What is the capital of Canada" doesn't seem like a good question.

    "Why is Ottawa the capital of Canada" seems like a better question.

    "Who knows the capital of Canada" and then following it up with "ok and what is the longest street there" seems a bit silly.

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  • [–] 4 points 4 months ago (2 children)

    While not in the spirit of it, no rules are broken so it is acceptable.

    Do you know the longest street in Ottawa?

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