Our Charter rights under threat?

Just in case you don't read this blog yourselves, I thought I'd share. thecourt.ca is run by Osgoode Hall students to keep track of what is happening with the Supreme Court of Canada - it's funky cool (well, for a law junkie).

This post is about section 24(2) of the Canadian Charter of Rights and Freedoms which is the one that protects us from illegal search and seizure - the procurement of evidence in court by means that violate our rights. The author, D. Silva, contends that a couple of recent rulings by the Ontario Court of Appeals totally negate 24(2) in cases where a gun was found.

I realize that there is a gun problem, and yes, it would be nice if something could be done about it. However, I'm not sure I'm ready to sacrifice my Charter rights in order to be 'safer'. Actually, I'm pretty positive about that.

Of course, I feel pretty much the same way about a lot of the 'security measures' put in place to combat terrorism. For me, it boils down to the question of security - and what that means. It seems that we are trying to create a society where everyone is always safe all the time. The image I get in my head is of a society of people in bubbles - totally protected but totally isolated and looking pretty stupid with no real freedom.

Here is my own personal version of security:

There is no way that the state is ever going to be able to protect me from every nutjob out there who wants to hurt me. If someone wants to kill people, they will find a way. Harm done to a person that way is a violation of their rights, no question, and needs to be dealt with by the justice system - but we will never have a totally safe society. You can't produce a society with no risk if people are to have any freedoms.

BUT when the risk to my personal rights and liberty is posed by the state itself and has been made a part of the system - now that's scary.

The willingness of citizens to give up their rights and freedoms because they are scared is the biggest threat to my sense of security.

Section 24

Enforcement

1. Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
2. Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Finally - a tag cloud that works!

If there are any other bloggers out there that have been looking for a tag cloud that is customizable and actually works on blogspot - I seem to have found one. As have several hundred others, of course.

Here is the link: http://phy3blog.googlepages.com/Beta-Blogger-Label-Cloud.html

It includes detailed instructions on how to install and how to customize. You do have play in the HTML section of your layouts but it is super-well described. Just do exactly what the instructions say.

Wheeee!

Cuba: really an island prison?

Here is my response to Theo Caldwell's column on Cuba and Canada's relationship and tourism to said country.

"Dear Theo, I look forward to reading your next article on the Chinese dictatorship and an equally strong exhortation to the Canadian public and government to not only sever trade relations but to also boycott the 2008 Beijing Olympics, an act of appeasement that gives me the shivers.

Or, if not, here is my actual comment. I am disappointed, but sadly not surprised by Theo's article.

It is the venom with which Castro's regime is discussed by many ideologues (neoliberal, neocon) that I do not trust. If that level of vitriol were equally directed at other dictatorships I would find it easier to accept - it's the adjectives that get to me.

Generally, dictators who have allowed liberal market policies and have repressed ideologies that the ruling classes find offensive have been tolerated if not embraced. On the other hand, Castro has always been vilified and targeted. What I am trying to say is that ill treatment of one's populace has rarely been a criteria for trade policies and Canada has cozied up to regimes that are far worse than Castro's.

I'd just like to see the same standards applied across the board - not just to countries who are so resource poor that all they have to offer is a warm beach.

Having said that, I agree with you. Cuba is not at the top of my list for warm holidays. As a matter of fact, the whole "sunny holiday to desperately poor nations" obsession of Canadians leaves me cold."

I'm still reeling from the idea that I joined the forums at The Post, but one does what one must to join the conversation.

It makes me so sad...

To realize that I live in a world where people are treated like this (and, of course, much worse)...

This photo was taken way back on January 25th at the border crossing between Gaza and Egypt.

The crossing has since been re-opened in a more controlled way but not without a lot of violence. Plus, Israel is now thinking about building a border wall to separate itself from Egypt.

I really wanted to write something pithily observant here but anything would be too trite. It makes me glad I live in Canada.

I just want to remember how grateful I need to be.

More on Afghanistan...

Excellent point raised yesterday that perhaps we are getting the truth and not the Europeans. However, it seems that the truth is changing.

Here is an article from two days ago describing Karzai's recent comments to a German newspaper.

Here is another one, from a British newspaper on the 25th, detailing the souring relations between Karzai and Britain.

Finally, I am including this article, which I cannot find substantiated in western newspapers (on an admittedly cursory investigation) though ReliefWeb is administered by the UN which I generally consider to be pretty credible. It details a night-time raid by "foreign" and Afghan troops where civilians were killed in Helmand province. I am totally not saying that it is true but there are two aspects I want to draw attention to.

The first is that one of the article tags when reposted to this blog is "Imperialism" which supports the views of many commentators that this war is seen by many as an attempt by the West to enforce their worldview globally. Second, is the very existence of this article. If true, this attack represents an abominable breach of just war principles and should be investigated and punished to the full extent of both international and domestic law. Whether true or not, the existence of stories such as this cannot help but raise hatred against Western troops from the very people that we think we are helping.