Jeremy Maddock » Law

Why Canada Needs Constitutionally Entrenched Property Rights

Jeremy — Sat, 18 Apr 2009 06:48:07 +0000

The Supreme Court of Canada upheld provincial asset forfeiture laws in a unanimous decision today, rejecting a lawsuit filed by an Ontario university student whose car and money was seized by Toronto police in 2003.

The student - Robin Chatterjee - was found in possession of various pieces of equipment known to be useful in marijuana grow operations, as well as more than $29,000 in cash, all of which was seized by the provincial government.

The police determined that Mr. Chatterjee was probably involved in marijuana cultivation. However; he was never proven guilty. In fact, prosecutors decided not to file charges, due to a lack of evidence. Given these circumstances, it’s hard to see how his right to be presumed innocent until proven guilty was respected.

But this state of affairs cannot be blamed on today’s Supreme Court ruling. Chatterjee’s argument that provinces have no jurisdiction over criminal law issues was weak to say the least, and the Court really didn’t have much else to go on.

As of now, there’s nothing in the Charter of Rights and Freedoms to prevent government (federal or provincial) from seizing property whenever they feel like it. Under Ontario law, prosecutors had only to demonstrate, on the balance of probabilities, that the accused might be involved in criminal activity. They could not have put him in jail on this basis, but there is nothing to prevent the seizure of property.

Think about it. If the government can demonstrate that you have probably broken the law, they can take your house or empty your bank account, without so much as holding a trial.

The only way to correct this frightening threat to liberty is an amendment to the Charter of Rights and Freedoms. Section 7 (which currently protects “life, liberty and security of the person”) should be modified to read:

Everyone has the right to life, liberty, property and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Canadians generally accept that individuals should not be jailed unless proven guilty beyond a reasonable doubt. In fact, we hold it to be a principle of fundamental justice. But in order for our society to be truly free, we must apply this principle to property as well.

Constitutional Challenge Could Strike Section 13 from Canada’s Human Rights Act

Jeremy — Wed, 17 Sep 2008 06:58:58 +0000

The totalitarian tactics of the Canadian Human Rights Commissions have been on the media's radar for a while now, and have even caught the attention of some brave politicians. But this crucial issue, which continues to threaten freedom of speech in in Canada has yet to become a visible issue this election season.

“Reasonable Limit” on Abortion Protest is an Affront to Informed Choice

Jeremy — Mon, 08 Sep 2008 08:41:08 +0000

I was disappointed but not surprised when I read about the BC Court of Appeal's recent decision to maintain “bubble zones” preventing pro-life protesters from coming within 50 meters of an abortion clinic.

BCCLA Challenges Victoria Police Department’s Search and Seizure Policy

Jeremy — Fri, 11 Jul 2008 05:59:17 +0000

The Victoria Police, and other local police departments, are facing a complaint from the BC Civil Liberties Association, over their search and seizure policy on Canada Day (July 1).

A Day in the Life of the BC Human Rights Tribunal

Jeremy — Wed, 04 Jun 2008 06:51:41 +0000

A tiny courtroom in the bowls of Vancouver's Robson Square Courthouse played host to day-two of an ominous “human rights” case today, as three Muslim law students (“the sock puppets”) continued their effort to strong arm Macleans Magazine into changing its editorial perspectives.

Bureaucratic Agencies Reach ‘Compromise’ on Victoria Tobacco Signs

Jeremy — Sat, 31 May 2008 06:33:02 +0000

A ludicrous bureaucratic logjam involving Victoria's Old Morris Tobacconist shop was broken on Thursday in the form of an awkward compromise between City of Victoria heritage planners and the Vancouver Island Health Authority.

Trapster: Avoid Speeding Tickets with Your Cell Phone

Jeremy — Thu, 29 May 2008 17:41:17 +0000

I don't often plug products on this site, but the other day I came across an innovative mobile software application that combines social networking with citizen cooperation, and actually has the potential to be quite useful.

Victoria Police Officers Guilty of “Cruel and Unusual Punishment,” Says Jury

Jeremy — Fri, 16 May 2008 06:00:10 +0000

Willow Kinloch, a teenager arrested and hogtied by Victoria City police in May 2005, has been awarded $60,000 in damages for false imprisonment and cruel and unusual punishment by a BC Supreme Court jury.

Brave Employees Take Legal Stand Against Union Bullying

Jeremy — Mon, 12 May 2008 06:59:21 +0000

A vital case dealing with the issue of workplace freedom is heading to the Ontario Court of Appeal this Wednesday, as two government employees struggle to avoid punitive fines, levied by their own union.

Section 13 of the Canadian Human Rights Act - Dying at Last???

Jeremy — Sat, 02 Feb 2008 17:55:16 +0000

I don't usually tout my own horn, but in this case I think it might be justified... As I explained in December, section 13 of the Human Rights Act poses a serious threat to the fundamental freedoms of Canadians. But my recent letter to a local Member of Parliament, Dr. Keith Martin, might have been the first step in killing it.