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(
Link) Doomer leaf pulling a reverse 2016 Lena Dunham
I think it’s more “things have escalated since the Emergencies Act was enacted”.
This is kind of a funny mentality to me, though I don't mean to entirely rope Random Internet Person's post in with the guy fleeing Canada due to the totalitarian hellhole it's always been but he just now noticed too much. The Emergencies Act was passed all the way back in 1988, to replace a previous slightly more draconian law granting roughly the same powers that dates back to World War I. The Emergencies Act states it's still subject to the Charter of Rights and Freedoms. That is rather infamous to lots of people who regularly deal in these things because in comparing it and the American Constitution, the Charter of Rights and Freedoms has a rather explicit inverse of what Americans might recognize as the notions that underpin the Ninth and Tenth Amendments:
For reference, the Ninth and Tenth:
While the United States Supreme Court has never itself explicitly read the Ninth and Tenth as cutting a giant gaping hole through anything the government has done, it nevertheless exists, and as such has been referred to implicitly in such things as the right to privacy and has helped informed Supreme Court doctrine regarding other enumerated rights like those in the First and Fourth and Fifth Amendments (aka stuff like the right to free speech) that typically constrains the governments actions. This is very contrary to Canadian Supreme Court rulings which have pointed to the 1st and 33rd clauses as granting Canadian governments both federal and at the provincial level as being able to basically legislate anything they want to including in areas that the Charter of Rights and Freedoms would seemingly restrict like in the case of free speech which is enumerated in the Charter of Rights and Freedoms but things like hate speech laws are allowed (unlike in the United States) because of the "justified in a free and democratic society" and "notwithstanding" provisions saying that government actions should be read as justified until shown otherwise instead of presumed to be unjustified restrictions.
My main point is more that the Canadian (and British) Constitutions have
always been read as granting far more leeway to Parliament than the United States Constitution ever has to Congress, in part because the American Founders stuck things like the Ninth and Tenth and "Congress shall make no law" in there rather than stuff like the "justified" and "notwithstanding" kinds of language. And to get to a couple of the other quoted posts from that thread, the United States Constitution has still been read by tons of people in the past to uphold slavery, the draft, outlawing speech against the draft, outlawing speech against war, outlawing speech against... and so on. And that's not even getting into things where there's disputes today like with the Second Amendment.
But I'm getting away from COVID crazies a bit too much I think.