A ban on cell phone use in the woods in order to prevent wildfires is being challenged by the Canadian federal government. In this episode, Peter and Jeff talk about the ban, why it's unconstitutional, and what they're doing to challenge it.
00:00:00.000Yeah, so not only putting, essentially creating a situation that would make the fires worse should they happen by removing the towers and banning people with cell phones to be able to report on these fires,
00:00:11.700but there's another concern, which is a freedom of movement concern, because as far as I understand, the Canadian Charter of Rights does have within it a freedom of movement.
00:00:21.300People are supposed to be allowed to move freely.
00:00:23.020Now, there are restrictions. And one of those restrictions was challenged, I believe, in Nova Scotia during the pandemic or around the pandemic time, where that freedom of movement could be limited by things like public health was one of them.
00:00:39.980But as far as I understand, that case was one for the freedom of movement.
00:00:44.000So people should have freedom of movement in this country based in charter rights.
00:00:48.460And so, Jeff, I'll turn it to you. Is that what you're trying to challenge right now?
00:00:53.020Yes, absolutely. And what you're talking about in terms of limitations, they must be reasonable.
00:00:59.560They cannot be arbitrary. That is the difference between totalitarianism and our society.
00:01:05.840So when it comes to any measures that they put in place that interfere with my liberties,
00:01:14.560And there was no effort to make these measures minimally impairing with respect to my liberties whatsoever.
00:01:20.320They went all the way to a full-scale woods ban of my presence, period, within the woods.
00:01:27.080Instead of taking any other steps leading up to that, like say, for example, they could ban smoking in the woods.
00:01:33.320They could ban any source of ignition from the woods if they wanted.
00:01:38.900But, like I said, there appears to have been no thought given to lesser measures that would be less impairing prior to going straight to a woods ban.
00:01:49.220So that is the issue with respect to the limitations.
00:01:52.780And also, those limitations must be logically connected to the goal.
00:01:57.160In this case, the goal is preventing wildfires.
00:02:00.860My sneakers are not a fire hazard, so there's no logical connection between my sneakers in the woods and the prevention of wildfires.
00:02:11.400So that's what I find to be so unconstitutional on its face in terms of the ban itself.
00:02:16.300And then we get into the fine, which is, like Peter just mentioned, it's a $28,872.50 fine grand total because they put victim fees on top of that, $25,000 initially.
00:02:31.620And that would be, I think, prohibited under Section 12 of the Charter that prohibits cruel and unusual punishment.
00:02:39.820So I think we have plenty of grounds, Charter grounds, on which to stand to challenge this ban.