Check It Out: A short history lesson

By Joan Janzen

Here’s a bit of history humour for you: “Question: Where was the Constitution Act of 1982 signed? Answer: At the bottom.”

Premier Brian Peckford, a former Premier of Newfoundland, is the only surviving drafter and signatory of the 1982 Constitution and the Charter of Rights and Freedoms. The media is remaining relatively silent about Peckford’s recent actions. He is filing a lawsuit in the Federal Court against the Minister of Transport, to strike down mandatory requirements for air travellers

The former premier shared a short history lesson, noting that for a period of seventeen months, beginning In 1981, ten premiers and one Prime Minister - Pierre Trudeau, began negotiations to put in a bill of rights in the constitution. Midway in the process the Prime Minister stopped negotiating and decided to go to House of Commons and pass his own law and unilaterally make his own Charter of Rights and Freedoms. Peckford, along with the premiers of Nova Scotia, Quebec, Saskatchewan, Manitoba, B.C., Alberta and PEI promptly told him he wasn’t allowed to do it, and they went to court against the Prime Minister. Eight premiers were opposed; however the premiers from Ontario and New Brunswick sided with the Prime Minister.

In Sept. of 1981 the Supreme Court of Canada ruled in their favour and told the Prime Minister his actions were unconstitutional. “It was a rocky road to get where we wanted to get,” Peckford said. “The Prime Minister was forced back to the table.”

In Nov. 1981 they negotiated the Charter of Rights and Freedoms, and nine provinces and the Prime Minister signed it in 1982. “It was a national document; it wasn’t a federal document. It represents the nation,” Peckford concluded.

“In 1981 I made a proposal to the provinces for a Charter of Rights and Freedoms and a Patriation Act. It was the one that was ratified the next day to become the Constitution Act of 1982, in which your rights as individual Canadians were protected,” he explained. Nine provinces and the Prime Minister signed it. It was a national document; it represents the nation,” he said.

Section 15 of the Charter says every Canadian, from Prince Rupert to Bonavista, from Niagara to Iqaluit (the capital of Nunavut) has the right to equality before the law.

Now Peckford has had a twenty-page document drawn up, which is clearly written and very concise. It lists Peckford as the primary plaintiff (applicant) along with five other Canadians. Each of the five Canadian citizens tells their own story regarding why they need to fly.

“When you go to court, you have to be very specific, and this law suit does that,” Peckford explained. He said he chose the mobility clause because every Canadian is affected by it.

It’s a Judicial Review lawsuit, which means Peckford is seeking a rescinding of these rules. “We want it to be declared that these measures are not consistent with the Charter,” he said. “Section 6 gives you the right to travel anywhere in Canada, or leave Canada, and Section 7 gives you the right to life, liberty, and the security of the person.”

“The Government of Canada is trying to say that they can override those rights through Section 1. Section 1 was to only be used in war, insurrection, or the threat or peril of the state,” he continued. “It wasn’t to be used to try to combat a virus for which there is a 99 percent recovery rate. That’s not a threat to the state.”

Peckford is asking for disclosure from the cabinet of all information relied upon by the Minister of Transport informing the decision that travel should be restricted. “They didn’t have data to prove the legitimacy of the travel ban,” he said. He also posed other questions ... Who did the government consult with? Where did they get the information? Did they go outside their circle to seek information? Peckford noted that in a normal legislative process, this is all made transparent, but it wasn’t in this case.

“That’s why most of the world doesn’t have democracy; it’s a tough thing to sustain. You can create it, but sustaining it is very difficult.”

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