Some months ago, we posted a video by a British man, who explained in great detail that Covid measures in the UK under British law are, “ultra-Vires”. A legal term meaning that actions taken by law enforcement exceed the act from which those powers are drawn. In other words, shooting someone for jaywalking would most likely exceed the Highway Traffic act from which any measures taken against said Jaywalker would have to be drawn.
I found this concept to be quite important given the current circumstances, and checked the video and its terms with an American lawyer known to most readers here, who did confirm this was a correct understanding of the term, and that American law certainly had the same concept. Going out on a very thick and wind tested limb here, I believe it would apply in Canada as well.
And now a Canadian court agrees.
From the JCCF. One of the few actual human rights legal organizations in Canada. Essentially the opposite of the various Canadian and Provincial Human Rights Courts which are actually Marxist instruments to move rights from individual to fictitious group rights, and thereby grant ultimate power to the state as it decides moment to moment, which groups have rights and which do not.
TORONTO: The Justice Centre announced today that the Federal Court has released the Decision on the interim injunction regarding the federal hotel quarantine and quarantine facility policies. The interim injunction would have applied to nine Justice Centre clients who travelled under different sets of circumstances and found themselves facing detention in federal facilities upon arrival in Canada.
While the Court did not issue the interim injunction, it found that both Charter Section 7- the right to life liberty and security of person, and Section 9 – the right not to be arbitrarily detained are engaged by the federal quarantine policies and were serious issues to be tried at a further trial.
The Court also accepted without reserve the Justice Centre’s reminder that in a time of emergency, the role of an independent judiciary in safeguarding Charter rights and freedoms takes on additional importance (see paragraph 124 of the Decision.)
The Court went on to say: “History demonstrates why the bulwark of the robust protection of Charter rights by an independent judiciary is so important in times of crisis.”
The full hearing on the constitutionality of quarantine hotels and quarantine facilities is scheduled for June 1-3, 2021.
“The forced isolation of returning Canadian air travellers is arbitrary, unnecessary, and totalitarian”, states Justice Centre Litigation Director, Jay Cameron. “These quarantine hotels and restrictive measures are more consistent with a dictatorship than a free society. We look forward to the full hearing of these issues in early June.”
Excellent well said by the various justices. And all based on the clear violation of charter rights.
But it would be the mathematical inverse in a real sense to say that if the detention of people by the state under the Health act is illegal based on the Charter rights of Canadians, then it would be ultra-vires to arrest and detain them under that act, as clearly it exceeds the authority of the act.