Comment by petcat
19 hours ago
> why don't Canadians have protection in the same way
Well, they might have their own Fourth Amendment if they chose to fight against the British instead of with them during the American revolution!
History aside, now they have what they have.
We have a Canadian Constitution and the Charter of rights and freedoms, section 8 covers search and privacy, it even looks like a warrant is needed for messages just laying around a server https://www.canlii.org/en/ca/scc/doc/2013/2013scc16/2013scc1... but this bill aims to put a harpoon through our charter rights!
Canada is relatively unique among the common wealth countries as its founders were smart enough to remove parliamentary supremacy and have real judicial review.
I just wish that they would have also included a constitutional review council that reviews legislation before it comes law like France did (Constitutional Council), because a massive amount of damage can be done while waiting for the Canadian Supreme Court to rule on something.
Judicial review is below parliamentary supremacy. Judicial review can be easily corrupted and relies on a few persons. Parliamentary supremacy on the other hand cannot be easily side stepped as more members needs to be corrupt to do corrupt things. Swiss type cantons/districts and direct democracy by people is much more stable system.
You should probably educate yourself about the Canadian Charter of Rights and Freedoms, which has so far held up far better than the Amendments. Its language is far more specific and precise, and the document itself provides justification and context for its requirements... Unlike the amendments, which have largely been re-interpreted and gutted by partisan judges into absurdity.
Do the 13th, or the 14th, or the 4th amendment mean anything these days?
We'll need to see some examples of this. Especially given the topic at hand.
Examples of what? An insurrectionist assuming the office of president? SCOTUS approving gerrymandering aimed at suppressing minority votes? Armed, masked thugs with a license to kill asking for your papers when you walk the street? Trump running for a third term in office? Immigrants arrested, held without trial, and deported without due process or access to a lawyer?
We have lots of examples of that. Are there lots of examples in Canada of basic charter rights being violated in such a manner? Or do you dispute that the text of the charter is unclear?
If it's the latter, you're free to read it for yourself. Is there a lot in https://laws-lois.justice.gc.ca/eng/const/page-12.html#h-44 that you find unclear?
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