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- April 25, 2022
The Charter didn’t stop Canada’s Covid slide towards tyranny
Episode Stats
Length
30 minutes
Words per Minute
159.22545
Word Count
4,931
Sentence Count
232
Misogynist Sentences
2
Hate Speech Sentences
8
Summary
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Transcript
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00:00:00.000
As liberals celebrate the 40th anniversary of the Charter of Rights and Freedoms,
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many Canadians are wondering, if the Charter couldn't protect our freedoms during COVID,
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then what is it good for? I'm Candice Malcolm, and this is The Candice Malcolm Show.
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Hi, everyone. Thank you so much for tuning into the podcast. So as you probably saw,
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there was a lot in the media last week about the Charter of Rights and Freedoms,
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celebrating the Charter, acting as if that was the creation of Canada, as if Canada didn't have
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a constitution prior to it, as if Canada wasn't really a country prior to it. Liberals love to
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hold up the Charter as the sort of golden point of Canadian government and why we have our very
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freedoms. It was signed into law about 40 years ago, 40 years ago in mid-April. So liberals over
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at the Globe and Mail celebrated this. They had a piece saying Canada's Charter turned 40 on Sunday
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and it's still as radical and enigmatic as it was back in 1982. Well, the Charter is supposed to
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protect Canadians' individual rights and freedoms against excessive government force and laws that
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do not respect our individual dignity and our individual liberty. But as we all experienced
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during COVID, heavy-handed government edicts routinely appended our most basic human rights.
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Our religious freedoms were not upheld, as Section 2 is supposed to guarantee.
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Pastors and church ministers were arrested and jailed for the crime of holding a church service.
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Well, meanwhile, up the street, Costco and Walmart and big box stores were allowed to stay open with
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no harassment from the government whatsoever. Also in Section 2 of the Beloved Charter,
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it lists fundamental freedoms like our right to free speech, to freedom of assembly, to press freedoms,
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which of course were all violated by Justin Trudeau and his Emergencies Act, which disproportionately
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used force against peaceful protesters. The Charter is supposed to protect our mobility rights. Let me
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just read from Section 6. Every citizen of Canada has the right to enter, remain in, and leave Canada.
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Rights to move and gain livelihood. So every Canadian has the right to move to or take up residence in
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any province and to pursue the gaining of a livelihood in any province. Now, of course,
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it has not been the case in Canada for over two years now. So many Canadians are still today
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barred from travel. They can't even flee the country if they wanted to. So today I want to talk more about
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the Charter and its many failings. And to do so, to help me do so, is our friend John Carpe. John Carpe is the
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founder and president of the Justice Center for Constitutional Freedoms, which was formed as a voice for
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freedom in Canada's courtroom. John has received the Pyramid Award for Ideas in Public Policy and
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recognition for his work in constitutional advocacy. The Justice Center's mission is to defend
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constitutional freedoms for Canadians through litigation and education. John has devoted his
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entire legal career to defending constitutional freedoms through litigation and education by
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resisting the unjust demands of intolerant government authorities. So John, thank you so much for
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joining the program. Glad to be with you, Candice. Okay, so let's just ask the basic question. Why
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didn't the Charter protect our freedoms during COVID? Two reasons come to mind immediately. One is that
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Canada has too few courts, too few judges. And so it always takes years for important issues to get a
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court ruling compared to the United States where they seem to get court rulings on very significant
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you know, lockdown measures, masks, quarantines, all kinds of issues. And they get their rulings in
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in weeks or sometimes months. And in Canada, it's never in weeks or months, it always takes years. And
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that's a problem when you've got governments violating our rights and freedoms. We're into the 25th month,
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26th month. The hardest part about the two weeks to flatten the curve has been the first two years.
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And we don't have too many court rulings yet. We have one in Manitoba and the other ones are are
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moving through at the pace of molasses in February. So that's one big problem. The second problem is that
00:04:21.960
the Charter Section 1 gives governments the possibility of going to court and concocting
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justification for violating rights and freedoms. And if that aligns well with the judge, and if the
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judge is persuaded, then the judge will say, well, yes, okay, this law did violate religious freedom or
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freedom of association, freedom of peaceful assembly, or this law does violate your right to bodily
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to decide for yourself what gets injected into your body or not. But that's okay, because the judge
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thinks that it's reasonable. And so we've got this, we've got this Section 1 of the Charter that allows
00:05:05.400
governments to violate our freedoms if they can persuade a judge. And then it's really the luck of
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the draw. I mean, do you land before a judge who really understands and appreciates fundamental freedoms,
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who actually demands that the government come forward with persuasive evidence, not just
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speculation and modeling and fear mongering? Or do you get a judge who's more pro-government,
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and those judges exist as well?
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Well, it seems like there's a lot more of the pro-government judges. From my perspective,
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it seems like a lot of the judges make their ruling based on their own views, rather than
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being tied to the sort of basic principles of protecting individual rights and freedoms. So,
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John, why was the Section 1 put into the Charter? If the whole purpose of the Charter was as an
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addition to our Constitution to make sure that federal government couldn't overreach and that
00:06:02.360
individual rights were protected, if judges were just going to interpret the law based on,
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well, the government was just trying to do its best, or I agree with these rules,
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and so I'm not going to overturn it. I mean, why was that placed in and what good is the Charter with
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that in there?
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Well, people were warned in 1982. People that looked at the Charter closely said,
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hey, wait a minute, this is going to give unelected, unaccountable judges a lot of power
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to make rules about our laws, and it's going to give this new legislative power to judges that they've
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not had before, and this kind of fell on deaf ears. You know, Pierre Elliott Trudeau, at the time there
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was television advertisements with, you know, geese flying across the sky, and this is Canada's chance
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to bring the Constitution home from Britain, and there was not a lot of debate on this question of,
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you know, do we want a charter that gives judges the power to strike down laws? Now, more specifically,
00:07:06.520
you asked about Section 1, and I would venture a guess that it was put in there to have some kind
00:07:12.440
of a mechanism to recognize that rights are not absolute, and so the wording of Section 1 is that
00:07:23.080
the Charter guarantees rights and freedoms subject to reasonable limits prescribed by law
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law that can be demonstrably justified in a free and democratic society. Now, it sounds good,
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so any violation of your freedom of speech, freedom of religion has to be reasonable,
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and the onus is on the government to justify it demonstrably. It sounds good, but it does give
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a lot of latitude to judges. Well, that's unfortunate. I want to ask you because you
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mentioned that there was one case that made its way through in Manitoba. Can you, off the top of your
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head, I don't know if you can, can you tell us a little bit about what that case is and which rights
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it seeks to protect? So we had the Justice Centre acted for some individuals and churches in the
00:08:15.000
province of Manitoba. We took the lockdown measures to court. We brought forward medical doctors, other
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scientists. We had Dr. Jay Bhattacharya from Stanford, Stanford University in California, world-renowned
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scientist and one of the co-authors of the Great Barrington Declaration. We had other medical witnesses,
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and we put forward very persuasive evidence as to the harm of lockdowns and questioning whether lockdowns
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were saving lives. We put forward the medical and scientific evidence and the judge ruled against us
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and upheld all of these government measures, but didn't really do a deep probing analysis of that
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evidence. But said, well, in times of crisis, we really should just kind of defer to government.
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And it wasn't the deep and engaging type of analysis that we would have wanted. And so we have
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appealed this to the Manitoba Court of Appeal. And we'll see if we do better at that level.
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Well, good for you. And I'm curious as to why Manitoba was the place that you chose because I saw
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that the JCCF put out a ranking of the worst charter violators among the provinces. It seems like,
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well, I can ask you for more details on this, but goes Quebec number one, British Columbia number two,
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Manitoba was number three. So maybe you could tell us a little bit about this list and then why
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specifically you chose to do the legislation in or do the court case in Manitoba.
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So when you're able to launch a constitutional challenge, it's often a constellation of different
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factors, like having willing clients, having a good fact scenario that's going to put your clients
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into the best light. So it was just kind of the convergence of various circumstances. It wasn't
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that we really looked at Manitoba and said, well, we want to do Manitoba before we do other provinces.
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It's more like it just came together there first, but we also have litigation against lockdowns or
00:10:24.200
against vaccine passports or both in BC, Alberta, Saskatchewan, Ontario. And it's only recently that
00:10:32.440
we've got a full-time lawyer in Quebec. And so we are hoping to do more litigation there as well,
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but have not been in the past, not as much.
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So, well, that's great. Congratulations on getting someone in Quebec.
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John, why don't you tell us about the ranking though? What was it that made Quebec the worst
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offender during COVID? Because I think you could talk to people in just about any province and they
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would think that their province was the worst. I know I spent a bunch of time in Ontario during
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lockdowns and it was horrible there. Alberta has been bad, people complaining. Most of my family's out
00:11:06.600
in British Columbia, including some unvaccinated family members who basically been housebound because
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they can't go places. And everyone probably feels like they are in the worst place. So,
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how did you come about this ranking and why was it that you deemed Quebec to be the worst?
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So these assessments are somewhat subjective. So somebody else could come along with a different
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ranking and it's not a mathematical equation. It's not a science. But we thought Quebec was the worst
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when you looked at the curfews, which I think Quebec was the only province that had those.
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Utterly unscientific. The politicians themselves when asked, you know, are curfews going to save lives?
00:11:49.320
And they said, well, we don't know. But just this fanatical obsession that, you know, if it might help
00:11:55.560
just a little bit, let's just violate people's rights and freedoms. Even if we have no idea if it's
00:12:01.560
going to help save lives, we'll do it anyway, just in case it might help. That seems to be the attitude
00:12:06.840
there. So they had curfews, they closed the border with Ontario, which is violation of the charter
00:12:13.320
mobility rights. They had restrictions on travel within Quebec, depending on whether it was an orange
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or red or green zone. They were the only province that took it upon where the government actually
00:12:32.600
thought so highly of itself that it could dictate who does and who does not come into a house of worship.
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Blatant violation of religious freedom where instead of the mosque, the synagogue, the church making its own
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decision about its own house of worship as to who is able to come in or not, the Quebec government said
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if somebody's not had the COVID shots, they are not to come into the house of worship. So they basically
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usurped the legitimate civil authority of like private authority of houses of worship to practice their
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religious freedom by deciding, you know, who comes into the mosque, who does not, and based on what
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criteria, the government stepped in and told the houses of worship, everybody has to be vaccinated.
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No other province did that on a province by basis, although British Columbia did that for one of its
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health regions. There's one health region in the north that tried the same thing. Other provinces
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violated religious freedom less severely. British Columbia did close houses of worship entirely for a
00:13:41.880
year and two months, which was puts it up right behind Quebec. But to finish off on Quebec, it's just the
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combination of curfews and telling houses of worship who is or is not allowed to attend all the travel
00:14:00.360
restrictions and then all the other lockdowns and raising the possibility as a serious item for that Premier Legault said,
00:14:09.880
we're going to impose a tax on people that have not had two COVID shots. And we're going to bar these
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people from grocery stores. Now, the government backed down may have been related to a warning letter
00:14:22.920
received from the Justice Centre from our Quebec lawyer, I don't know, they backed down. But the very
00:14:28.360
fact that the Quebec government would actually seriously consider and announced that they were definitely
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going to impose a tax on people based on vaccination status. Just and last, very last point on Quebec,
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they still have mask mandates, the only place in Canada, probably the only place in North America,
00:14:47.560
where you have to wear a mask when you're in public spaces.
00:14:52.920
It's, it's really remarkable that we are still living in this sort of dystopian nightmare. John,
00:14:59.080
there's been a lot of discussion recently about the sort of robustness of our institutions,
00:15:03.880
the strength of our ability to sort of move on from COVID. You wrote in a recent op-ed with the JCCF,
00:15:09.640
you compared communism to Canada's pandemic response. You said the utopian goal of communism and the utopian
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goal of a world with no COVID, both ideologies have used the same, have been used the same way to trample
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human rights and constitutional freedoms. I'm wondering, like, when you hear, for instance,
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conservative politicians say that Trudeau is acting like a dictator. And then the response from the
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Laurentian elites in the media is just to absolutely clutch their pearls and say,
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how dare you say something like that about Trudeau? But yeah, at the same time, we've lived through two
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years of just heavy handed, you know, really, really intensive government overreach. Yeah, I wonder if
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you could kind of elaborate on your comparison of communism to our COVID reaction, and then speak
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more broadly about the robustness of Canada to withstand these kind of emergencies that take
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two years to trample on our rights. And, you know, we're still we're still not completely out of the
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woods. So governments never take your rights and freedoms away without proffering a good pretext,
00:16:10.760
or a nice sounding excuse. So dictators need an enemy, who could be the enemy? Well, it could be,
00:16:18.520
let's look at communist Russia, 1917, right on through to 1991. The enemy is capitalism, capitalists,
00:16:30.600
wealthy landowners, people that oppress the workers, they are the enemy. So in order to fight the enemy,
00:16:36.520
and build our socialist utopia, we have to take away your freedom of speech, your freedom of religion,
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your parental rights to raise your own children as you deem best, your freedom of association,
00:16:46.920
your freedom of peaceful assembly, we're taking away all your rights and freedoms, but it's for
00:16:50.840
your own good, because we got these evil capitalists, and aristocrats, and landowners,
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and factory owners that are oppressing the proletariat. So we have to fight the bad guys,
00:17:01.000
therefore, we need to take away your rights and freedoms. Now, that's the dictator's playbook,
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it's over and over again, Adolf Hitler in Germany said, you have to be very afraid of the communists,
00:17:11.080
and the Jews. And so we got to protect Germany from Jews and communists. So we're going to take all
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your rights and freedoms away. And that's exactly what the Nazis did. As soon as they came to power,
00:17:22.680
freedom of speech, freedom of association, freedom of peaceful assembly, the full freedom of religion,
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mobility rights, everything was taken away. And a lot of people supported it. Sadly, that's another
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thing about the dictators. Another example would be some, you know, right-wing military dictatorships
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in Latin America. Who do they say the enemy is? The enemy is the communists. So we got to protect you
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from communists. Therefore, we're going to take away your rights and freedoms, and we're going to lock
00:17:56.600
you up in prison and torture you. And we're going to have death squads, all in the name of fighting
00:18:00.920
communism, right? Governments have committed horrible atrocities in the name of fighting communism.
00:18:08.040
You've got Idi Amin in Uganda, in East Africa, over 300,000 citizens murdered. And he went after the
00:18:17.560
Asian minority, the 1% of Ugandans were East Indians, and he forced them all out of the country.
00:18:24.760
Many of them came to Canada. So now it's the same playbook. The enemy is not, you know, communism or
00:18:34.520
capitalism or terrorism. The enemy is COVID. And that extends to people that don't want to take the
00:18:43.560
vaccine, whom our Prime Minister has described as anti-science, misogynist, extremist, racist.
00:18:53.480
Should we tolerate these people? You have that kind of demonization of a minority. And so people who
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don't see the playbook, I think, are probably just ignorant of history, because it's the same thing.
00:19:05.640
When governments take away your rights and freedoms, they will create an enemy, and they will proffer
00:19:15.080
a nice sounding excuse for taking away your rights and freedoms.
00:19:18.360
Well, it's so interesting to see, because I think you're completely right in your assessment of
00:19:23.160
what is going on. And yet, John, so many of the people who are doing just what you say, or excusing
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someone like Justin Trudeau and doing that, were the same people who were out last week,
00:19:33.080
you know, banging the drum of Canadiana saying how wonderful and enigmatic our charter is. Almost
00:19:40.760
like ignorant of what's in the charter and what the charter was designed to do and what the charter
00:19:45.160
was designed to respect. So why is it that we have people who call themselves liberal,
00:19:49.640
call themselves liberals, used to wrap themselves in the charter, who are the ones out there doing that?
00:19:54.760
And we saw it clear as day during the trucker convoy, when Justin Trudeau came out on day one,
00:19:59.720
after being in hiding and having COVID and whatever else was going on with him, saying,
00:20:04.600
these people are Nazis. You know, these truckers are Nazis. So if you're standing with them,
00:20:09.560
you're standing with people waving swastikas. Why don't they have the self-awareness?
00:20:16.440
Why don't they understand what the purpose of the charter is and what the meaning of the term
00:20:21.880
liberty is? How do they square that circle? And why the hypocrisy? Why the lack of self-awareness?
00:20:30.520
Well, anything I say will be speculation, but I think there's a lot of inertia
00:20:36.280
on the part of the so-called mainstream media, not just the CDC, but other media are getting
00:20:43.480
government funding now, you know, everything from television stations to newspapers. And he who pays
00:20:51.080
the piper calls the tune. And so you've got government funded media who are preaching and
00:20:59.240
proclaiming and promoting the government's narrative on COVID, on treatments for COVID,
00:21:06.680
on lockdowns, on vaccines, everything in the past two years. We've had the mainstream media kind of
00:21:12.600
beating the government's drum, promoting fear, suggesting falsely that COVID is as dangerous
00:21:20.360
as the Spanish flu of 1918. Following the government's line on claiming that there are
00:21:27.160
absolutely no cures or treatments for COVID whatsoever, proclaiming this message that lockdowns are
00:21:34.440
saving lives, that lockdowns are doing more good than harm, preaching the gospel on the vaccines,
00:21:40.680
that they are safe and effective. The media have been cheerleaders. Now, fortunately, they are losing
00:21:47.000
credibility every day, as more and more people are just tuning out. And more and more people are getting
00:21:52.600
their news from, you know, their friends, their colleagues, their whatever streams, but they're not
00:22:02.520
getting the media from the six o'clock news the way that Canadians were 40 or 50 years ago. So I think
00:22:11.560
that there's a bit of a bubble there and there's a disconnect. And for Canadians that were not on the
00:22:16.600
ground in Ottawa, the mainstream media did push this message that these truckers were dangerous,
00:22:27.160
violent criminals. And sadly, I think that message has probably sunk in to the minds of at least some
00:22:34.840
Canadians, hopefully not too many. I agree with you that more and more people are tuning out,
00:22:39.880
getting their news directly from the source. That was one of the great things that we saw during the
00:22:43.720
convoy was that a lot of Canadians were just streaming videos themselves. You know,
00:22:48.040
there were these viral videos going everywhere on TikTok and Instagram with millions of views,
00:22:53.720
particularly young Canadians on those platforms. But I think even older Canadians, you know,
00:22:58.280
rather than going to the CBC, they might get their news directly from, you know, the JCCF or True
00:23:03.560
North or some alternative. So there is some hope. I want to ask you again, though, about Canada's
00:23:09.880
institutions. Do you think we're in a good shape as a country? What do you think of the charter at 40?
00:23:15.960
What do you think of the broader constitutional structure? How can we make these institutions more
00:23:20.280
robust? What needs to be done? Boy, that's that's a very big question. We're in bad shape. We have a
00:23:27.560
we have a breakdown in the rule of law. It was just striking and disgusting to see how the difference
00:23:37.000
in 24 months between the Aboriginal and environmentalist protesters in February and
00:23:44.520
March of 2020. So right around the time that COVID was starting to become an issue. We had people
00:23:51.560
blockading railway lines, making it impossible for ships in Halifax and Vancouver to unload.
00:23:57.880
And the cause they were fighting for was it was anti pipeline in the name of traditional Aboriginal
00:24:04.680
territory, even though the elected chiefs in those areas were pro pipeline and we're looking forward
00:24:11.160
to the job creation and getting their 80 percent unemployment rates, which you see on some reserves,
00:24:17.320
getting that down and getting people working. But in the name of Aboriginal rights, in the name of the
00:24:21.560
environment, in the name of anti pipelines, we had these protesters that blockaded railway lines in
00:24:28.200
Canada. And the Prime Minister's response was to negotiate and to say we have to be patient, even
00:24:34.520
though that was definitely criminal conduct to to blockade a railway line, to blockade a highway and
00:24:41.560
and prevent any traffic, not just slowing down traffic, but an outright prohibition on on train travel.
00:24:49.080
So then fast forward to 2021. We've got vandals in Manitoba at the legislature, tearing down and
00:24:57.960
vandalizing a statue of Queen Victoria, which is criminal conduct and police to stand by and watch.
00:25:05.720
And then we get the truckers in Ottawa, not a single trucker charged with any crime in the first three
00:25:14.840
weeks that they're there, which tells you just how not illegal their behaviour was when there wasn't a
00:25:20.920
single criminal charge, no charges laid, no arrests made. And then you get this crackdown where the
00:25:28.280
Prime Minister imposes martial law on the country, the Emergencies Act, and declares a national emergency.
00:25:36.840
And next thing you know, we've got police horses trampling women, you've got unarmed protesters getting
00:25:43.320
beaten by police clubs, and you get this aggressive physical repression of a peaceful protest.
00:25:50.520
So the double standard is glaring that where we're at in Canada is that if you're demonstrating for
00:25:57.320
a cause that the Prime Minister is sympathetic to, even if you're blatantly breaking the law,
00:26:03.880
you're not going to get in trouble. Conversely, if you're protesting for a cause that the Prime
00:26:09.000
Minister disagrees with, like our charter rights and freedoms that have been taken away from us the
00:26:13.960
past two years, well, then we're going to have a ruthless, physical suppression of peaceful protest.
00:26:22.520
That double standard is a violation of the rule of law. And it's very, very scary.
00:26:30.200
Well, and you forgot in there that during the very, very beginning of the pandemic,
00:26:34.840
right when no one really knew what it was, and everyone was told to just stay inside to avoid
00:26:41.080
catching this thing. All of a sudden, we had a American-inspired Black Lives Rally movement that
00:26:47.400
swept across Canada, even though it had nothing to do with our history or our justice system or policing.
00:26:52.680
And the Prime Minister himself went out to that protest right in the spring of 2020, when COVID was
00:26:58.360
brand new. And then you had a bunch of epidemiologists and doctors saying that
00:27:02.920
fighting against racism was so righteous and just that you couldn't catch COVID from getting it.
00:27:10.680
So, you know, we've had those contradictions for a long, long time. John, it's not a healthy society
00:27:16.440
when you have a Prime Minister who routinely breaks ethics rules and gets a slap on the wrist and gets
00:27:22.600
to continue on. It's not a healthy society, what you just described. So I just had a final question
00:27:28.440
for you here. You know, we talked a little bit about how most of the restrictions are lifted,
00:27:33.560
but they're not all lifted. Particularly, there's still many restraints on people who are unvaccinated.
00:27:39.800
Further lockdowns are looming. We never know when they're just going to get brought back in. It
00:27:43.800
seems like the provincial power, the provincial government doesn't want to let go of those powers
00:27:47.800
just yet. So what is a JCCF doing to protect us going forward? And how can Canadians ensure that
00:27:55.960
our rights are protected and that this doesn't just keep happening again and again and again?
00:28:00.280
Well, we've got court actions across the country, but I've often said that the winning in the battle,
00:28:08.680
winning in the court of public opinion is even more important than winning in the court of law.
00:28:14.360
Because if public opinion changes and people recognize how harmful and destructive and how
00:28:20.680
utterly unscientific these measures are and have been, when that public opinion changes,
00:28:27.800
you're going to see change in the law. So the best thing that people can do is to try as much as
00:28:33.880
possible to be in dialogue with others. You know, some people, you got people on both extremes that
00:28:41.080
you can't talk to. I mean, some people, they're just 100% pro-lockdown. They don't want to hear
00:28:45.720
anything. They completely buy into the government and media narrative. And there's other people,
00:28:53.000
you know, equally passionate on the other side that are not going to be persuaded that lockdowns
00:28:58.520
were good. But there are people in the middle that are not firmly decided either way. Those are the
00:29:05.000
people that need to be reached. So people can, you know, hand out brochures. The Justice Center has
00:29:13.000
mailed out hundreds of thousands of brochures to people that will get a pack of 50 or 100,
00:29:18.200
put them in the mailboxes of their neighbors. If anybody wants to do that, contact info at jccf.ca.
00:29:25.240
Ask for brochures about our charter rights and freedoms and the problems with the vaccine passport,
00:29:31.160
those kinds of things. Give out brochures to people. But do the heavy lifting, do the hard work
00:29:37.240
of persuading people that are in the middle, that are open to being persuaded. Because the way out of this,
00:29:43.320
unfortunately, it's just going to be a lot of hard work to change public opinion. And apart from that,
00:29:49.560
I think the repression is going to continue if we don't change public opinion.
00:29:54.120
Well, I think that certainly with the trucker convoy, there was a little bit of optimism and
00:29:59.560
good news there. Because the fact that the truckers went out there, they were greeted on the side of
00:30:03.960
highways in minus 30 degree weather by families and people waving Canadian flags. And many, many people
00:30:10.200
did rally around those truckers. Many more appreciated them silently at home or quietly.
00:30:14.440
And you're hearing more and more of that. So, you know, definitely the truckers changed the tone.
00:30:19.880
And I think that the work that the JCCF does is incredibly important in pushing back against just
00:30:26.920
out of control government overreach and activism. So, John, we really appreciate what you do. Thanks for
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your time and coming on the show. And we hope to have you back again soon.
00:30:34.840
Thanks so much for the invitation.
00:30:36.600
All right. That's John Carpe of the Justice Center for Constitutional Freedoms. You can
00:30:40.920
check out their website at jccf.ca. I'm Candice Malcolm, and this is The Candice Malcolm Show.
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