Juno News - January 28, 2022
Trucker convoy proves the tide is turning against government overreach
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Summary
The vaccine mandate convoy is too big to ignore, so now Justin Trudeau and the media are vilifying it. Plus, former Newfoundland Premier Brian Packford on his Charter challenge against the federal government. The Andrew Lawton Show starts right now.
Transcript
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This is the Andrew Lawton Show, brought to you by True North.
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Coming up, the convoy is too big to ignore, so now Justin Trudeau and the media are vilifying it,
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plus former Newfoundland Premier Brian Packford on his charter challenge against the federal government.
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Hello and welcome to the Andrew Lawton Show here on True North.
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This is Canada's Most Irreverent Talk Show on Thursday, January 27th,
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two days away from the great big convoy on its way as I speak to the nation's capital of Ottawa.
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I'm going to be talking a little bit about the convoy,
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and also I should tell you I'm going to be going to Ottawa for the convoy,
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and that'll be a lot of fun. We'll have lots of reports from there on the weekend,
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I do want to talk a little bit about what's coming up on the show today,
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because later on we'll be speaking to Brian Packford, the former Premier of Newfoundland,
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We've had him on the show before, and he had a very significant fan base of people that said,
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So we'll be talking to him about what he is doing to end the unscientific restrictions
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that we have dominating the federal government's COVID response.
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But first, let's talk about the convoy, because originally,
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and I think when I was talking about this two days ago,
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the media was just starting to sort of pay attention,
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but for the most part, the media was not giving the convoy all that much credit.
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There was that silly story out in BC when CBC was reporting on a couple of dozen trucks
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while there was a much larger convoy that was headed to Ottawa
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to protest vaccine mandates, among other things.
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but you can tell that a lot of the political elites are very nervous about this,
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because instead of ignoring it, it's so big that they can't do it,
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oh, this is heading to be some January 6th event.
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This is going to be some attempted coup on parliament buildings.
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People trying to attribute violent motives to those in the convoy
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before this thing has even happened, before anyone has got to Ottawa.
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Now, let me say first off that this is not at all, in my view,
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out of the realm of possibility that someone could do something bad.
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And I think all of the organizers, all of the people supporting the convoy
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I am supporting the convoy as a peaceful protest.
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I'm supporting the convoy's message of opposing vaccine mandates,
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I unequivocally denounce anyone who uses this for whatever reason,
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But a lot of the people, and you see this in the media coverage,
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They're hoping this will be the very worst case scenario.
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My view on this is anytime we have thousands of people,
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hundreds of thousands of people getting together,
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even if I disagree with those views, that's a victory for a free society.
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When Black Lives Matter protests were going on last year,
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I hope it goes violent so I can use that to wedge my political opponents.
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No, I say, great, they made a point as they have a right to do.
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They are making a point because they have a right to do it.
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And in this case, I think it is an incredibly important point.
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All of the things that I've talked about in the last few weeks on this show,
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about my pessimism, about where Canadians are on vaccine mandates,
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And one of the reasons I've been so motivated this week,
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I've been tweeting nonstop, I've been writing columns,
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One of the reasons is because for the first time in the pandemic,
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Well, I do know why it is, but I don't know why it's taken this long.
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But for the first time, I'm feeling like things are turning.
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Because what I'm seeing in my circles and outside my circles,
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I really try to avoid being in an echo chamber,
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is that there is a huge divide between how Ottawa,
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how downtown Ottawa views and speaks about the convoy,
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and how everyone else in the world familiar with it is doing it.
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And I'm very deliberate when I say in the world.
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And we'll go through some of the examples of this,
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because the Parliamentary Press Gallery coverage has by and large been that
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It's going to be Canada's January 6th incident.
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There's a reason that this has been on Fox News in the US,
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GB News in the UK, Donald Trump Jr. did a video about it,
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and people from Europe that are part of the protest movements against lockdowns
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Because Canada is entering the big leagues as far as citizens that are taking a stand
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And in a lot of ways, this is being more favorably viewed outside of Canada
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And I think that's very telling, because we are seeing something that's part of a global movement.
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I did two days ago, I think, or maybe it was yesterday,
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a 30-minute-long interview with an American radio station.
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Certainly, it might affect some of his audience,
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because American truckers are evidently affected by this vaccine mandate.
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that's managed to turn my pessimism into at least a glimmer of optimism
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It's why I'm so thrilled to be going to Ottawa on the weekend to actually see this.
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This is going to be historic one way or another.
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Now, I should say, I don't buy most of the numbers that have been given.
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oh, there are going to be a million people, 50,000.
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But I think there are going to be a lot of people.
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I've seen reports that the convoy has stretched over 70 kilometers long.
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I don't know how many car lengths between them.
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I have heard some reports that the Ontario-Manitoba border,
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there were about 900 trucks that crossed at that particular point.
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But the whole point is, we're not talking about nothing here.
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anyone who's spent any time in downtown Ottawa will know this will be noticed.
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It might be just infuriating if you're trying to get around.
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I feel bad if anyone has a meeting they have to get to in Ottawa.
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Not that anyone in downtown Ottawa works on Saturday.
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because this is going to be something that the city's infrastructure
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is not designed to handle, but it's going to be noticed.
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It's going to be seen, and it is making a point,
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And even if Justin Trudeau wants to diminish and denounce it,
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that doesn't mean that ordinary people are not seeing it.
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On that note, let's talk about Justin Trudeau's response.
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Canadians have stepped up to protect each other,
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to protect our elders, to protect our young people,
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to protect people like truckers who are putting food on our grocery store shelves.
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Canadians have stepped up to do the right thing,
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to protect the freedoms and the rights of Canadians
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And the overwhelming majority, close to 90% of Canadians,
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The small fringe minority of people who are on their way to Ottawa
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or who are holding unacceptable views that they are expressing
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is the best way to continue to ensure our freedoms,
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The people that are going to Ottawa have unacceptable views.
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I actually got a little bit of pushback on the show last week
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because I said that this is a protest about vaccine mandates
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That doesn't mean it hasn't ballooned beyond that.
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Mackenzie River you know it's an operating river
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but your ability to do it still exists and what
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right there it sort of flies in the face of our
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practical means of travel is uh is something that
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takes place by air and when the government takes
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to say nothing of people that live on on islands
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newfoundland for example where some ferries have
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put vaccine mandates in place uh depending on on
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significant restrictions here that for all that
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canadian leaders love to vaunt the vastness of canada
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they're now saying that canadians only some canadians can enjoy that vastness
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absolutely no no no question about it and i i find that
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uh you know an argument that cannot be sustained as you say
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when a government goes about it deliberately goes about the business of
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restricting your right as a canadian we know there's something you know
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fundamentally wrong and this is what's happening right now i think of the bush
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pilots you know what why did we get into air travel at all in that case you know
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if you're going to start discriminating against some canadians and how they can
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you can still go this way you can still go that way
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well that that defies the whole nature and progression of our nation
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and and to begin to enter into a world of discrimination it seems to me
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there's a very very slippery slope that we should never go down or even enter
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unless it is unbelievably justified in a very extreme circumstance
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and this is not extreme circumstance on a lighter note i have to correct myself
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if you take the mckenzie river it's not going to get you anywhere near the
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pacific so i don't recommend following my uh directions if you are trying to uh
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canoe your way to tovalu but but on a more serious point yeah you have to go
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around around alaska but uh i don't recommend it this time of year but
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but but let me ask you brian go ahead you can go up from hay river and go all
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the way there you go take a boat but there you go then you can just uh go
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across to siberia it might be quicker but you can't do it and it will take you
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weeks and weeks to do it let me ask you on a more serious point here
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about the way that governments are viewing this because section one which you
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mentioned earlier this is i i'd say one of the the more dangerous sections
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we've seen in the last 40 years of the charter because it's the section that
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says all of the rights you're about to read are subject to
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reasonable limits and and the court has of course developed a
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a test for that a very i i know you're going to finish the line and i and i'm
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gonna i want you to do that but i'm talking about how it's been
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perceived because governments have used this as sort of a trump card
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that they can just say well you know this other thing's more important and
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you are right and i and i knew where you were going with this so tell me
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why does that not capture the entirety of those section one powers
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well number one section one doesn't apply in my view as one of the
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writers of section one it was meant to be in when the country's in a state of
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peril insurrection or war this is not a state of peril
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insurrection or war so number one my number one argument
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is it doesn't apply and therefore the unconstitutionality exists
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number two my argument is even if you wanted to apply for argument's sake
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and that's what you want me to do engage in an argument on section one
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you just mentioned and this is one of the people perceive it because it talks
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about reasonable limits there are four tests the first one is
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demonstrably justify what you're doing within reasonable
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democratic society you tell me that the government of
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canada or any of the governments of canada have
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met any or all of those four tests in the case of the travel ban they have not
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demands to be justified that is necessary where is the report
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where is the cost benefit analysis and where are they and then free and
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democratic society means a parliamentary society that's what canada
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stands for parliamentary where are the parliamentary committees
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we have 14 parliaments in this country and none of them have been engaged
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in any meaningful way in discussing and debating
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these mandates and therefore two major conditions
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what is happening is unconstitutional so i think on both counts
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one it doesn't apply but if for argument's sake it does
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on both counts the government uh in my view is acting
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unconstitutional and that's what we'll be arguing before the federal court
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i take what you're saying about the intent of section one and and you know
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you're the last surviving of the architects and first minister so i think
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your words on this should carry a lot of weight and i think do certainly
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in my estimation but we look at the jurisprudence on this and courts have at
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taken very broad interpretations of those limits and we've seen
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not that they've gone to the supreme court but at lower courts we've seen
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government side or courts side with government on this
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looking back on this is that a section that you would if you were to go back to
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1982 with the knowledge you have now is this a section that you would uh support
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in the way it's worded and and i guess what i mean by that is do you feel that
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section one itself was a mistake in its in the way it was crafted or do you just
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feel that governments and courts have wronged no not at all absolutely it wouldn't
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change a word i wouldn't change i'll tell you why section one was not
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negotiated in in as section one section one was negotiated in the context of all
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the other sections of the charter and the charter was negotiated in the context of all
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the other sections of of of the constitution act 982 that's one and what everybody forgets
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that was the deal if we go back and try to reopen that other provisions of the constitution
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will get changed there will be more negotiations more to and fro right that's the danger
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that you face when you start to reopen things because you're not reopening just section one you're
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reopening the charter you're not just reopening the charter you're reopening the constitution of 1982
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and the aboriginal rights of 35 the equalization rights right that are in there the natural resource
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lights that are in there the minority language rights center this was a negotiation on all these
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matters okay so all these would come back in play and quebec would be there with other demands so what we
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have in any reasonable person's mind right uh to me especially with all if those four conditions
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weren't in we didn't say demonstrably justified if we didn't say by law if we didn't say in reasonable
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limits if we didn't say free and democratic society now yes lower courts have ruled with the
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governments but no high courts have ruled on this yet and unfortunately those two lower courts even forgot
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their own superior court the supreme court of canada rule in 1986 about section one the oats test is
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called and in the oats test they made it very clear that the onus was on the government to prove
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what they were doing was necessary that's not even mentioned in the manitoba case that went the
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government's way nor in the bc case that will be taken up don't you worry in all of the appeals that
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are going forward in the court of appeal because the courts themselves never even adhered to their
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own rules that had been established earlier by the supreme court of canada talking about your case
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specifically here as you've noted there have been two years of legal challenges none of them have made
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their way up to the supreme court yet there's a huge backlog in courts as people take lockdown fines
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that they've had and bigger matters like this to court so this could take years and in that time
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the government could say that we're rescinding the mandate the government could at this time
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on using its government powers take it away there's a bigger point here i think which is that even if
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it takes five years to get to the supreme court and the mandate is long gone the pandemic is declared
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over there needs to be something on the record so that this never happens again you're in it for the
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long haul aren't you i'm in it for the long haul no question i want to see the charter of rights and
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freedoms the constitution act of 1982 restored in all its simple and plain meaning that's what i want
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to see because like i said earlier if it's not then it sets a precedent for another time it makes it far
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more difficult for our freedoms to be protected and safeguarded so we're in for the long haul but
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remember this action goes to the federal court of canada it's not in the province it goes to the
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federal court of canada and then uh either side has the right to appeal depending on who wins and
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who loses to the supreme court of canada we are asking in our application for an expedited hearing
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on this because we think this is extremely important for individuals who are unable to
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travel right now and for business who are unable to travel that's why it's not just you i should say
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there are other there are other applicants here who are being denied the right to see their family not
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just to go on some vacation but to see their family to uh to do their work there are a lot of things
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at play here yeah yeah so i'm just characterized because of my former involvement as first minister
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in the constitution i'm characterized as the lead sort of applicant but there are other applicants
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a part of this legal action that we're taking for the same reasons gave that obviously there are many
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canadians who are being being affected personally and and business-wise as a result of these actions
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which have not been justified under uh the section one the honorable brian peckford former premier of
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newfoundland before it was newfoundland and labrador former premier of newfoundland uh brian peckford thank
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you so much for your time and good luck with the case sir thank you very much brian peckford this has
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been a stellar week for guests by the way last show i had ann kabuki and who i've already had many of
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you actually i've had a few people say you should hire her at true north i think she has a lot on the go
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right now but certainly she's welcome back anytime and brian peckford when i had him on the show some
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months ago at some point last fall or something as well i had people saying you got to have him back
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you got to have him back and his lawsuit against the federal government i think has been a great
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opportunity to do that so happy to have brian here and happy to have all of you here we will have a
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special edition of the show tomorrow with dr william gardner looking at the state of the conservative
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movement in canada and on the weekend i'm headed to ottawa for the convoy we'll have reports from
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there at true north and i'll have a full update for you when i get back next week on the andrew
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lawton show so big times here thanks very much for sticking with us we will talk to you soon thank
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you god bless and good day thanks for listening to the andrew lawton show support the program by