November 13, 2020

Lockdowns and Civil Rights with lawyer John Carpay of the JCCF

Lockdowns and Civil Rights with lawyer John Carpay of the JCCF
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  1. Everyone say 'medical exemption'! Hold out to the end; it's not that difficult to do.

  2. The mask wearing mandates manifest compelled speach. As the lawyer said, it is an infringment of freedom of expression, but not just in the terms he said. Compelling individuals, and groups, to make political statements, by mask wearing, that express political sentiment, is un lawful.

    And, yes, the various mandated rituals, including mask wearing and handwashing at entrances, is based on superstitiuous belief in these rituals. Compelling individuals, or groups, to engage in such qausi-religious behavior is unlawful.

    Under the CANADIAN CONSTITUTION, the balancing of rights is key to protection of all individual rights. Section 1 provides for extraordinary circumstances such as emergencies to protect the health of the community. Yet, it is not within that provision to extend a state of emergency such that it is constant and prolonged. Fearful of moving from the lower or middle tiers of restrictions to the most extreme, people are being coerced. But even if you are moved to lowest tier there is always the threat of the next higher tier's restrictions. So you are always being coerced to engage in quasi-religious violations of your freedom of conscience and religion; you are always beingt coerced to perform compelled speech on demand. This does harm to the well-being of the individual.

    Further, this physical, pyschological, and spirtual harm to well-being spreads faster than any 'virus' spread. In fact, mask wearing does not the stop the spread of a virus. So the balance is in favor of our rights and liberties, not the restrictions in the name of protection of the community, on all points. it is both immediate harm and long-term harm.

    continued ...

  3. In addition to the case that the mandatory mask wearing and other related rituals, we must come to understand that these mandates are unlawful whether it is government doing it directly or whether government is coercing a business to do this to customer or employees. It is unlawful if a public school imposes this on students, teacher, parents. It is unlawful whether or not the organization does this at the behest of the government.

    Compelled expression of political sentiment is unlawful. Making employment or service reliant on compliance with a quasi-religious ritual - such as those rituals like hand ointment use at entrances - is unlawful.

    Seperation of families and friends is an impingement on freedom of assembly; restrictions on travel are transgressions against freedom of movement.

    We have a free market economically and no one has been elected to dictate which businesses shall be closed and which remain open. No one has been selected by the CONSTITUTIONAL ORDER nor by election to do what TRUDEAU is doing - he has no authority to claim this for himself; likewise each and every premier or mayor or school principle or whatnot. They are not empowered.

    But we have established government to protect our rights, not to attack our rights under a nonconstitutional order that imposes a constant state of emergency based on political sentiment and quasi-religious rituals and junk science.

    This is a line they must not cross and we will not leave undefended. When your neighbour gives aways his freedom, he imperils your freedom. Conversely, when you defend your liberty, you defend the liberty of even those who so easily relent. The neighbour who insists you say and act on beliefs you do not hold is not peaceful but actually does harm to you and to the well-being of the community and THAT is unconstitional.

    BEYOND the law and the constitutional order, there is the fundamentals of protecting civil society as distinct from the realm of government. Government is not our master. Civil society exists and flourishes under the freedom of the individual, not the other way around. The common good is not what Government DICTATES for Government has no mandate to exercise such overbearing power; civil society pre-exists governing authority; the common good is not mandated but is lived in a free society where government is servant not master.

  4. Not only have recent government actions been a full-on attack against individual freedoms, against the constitutional order, it has also manifested as a government takeover of civil society. The individual is cloaked by the seperate entity, civil society, but when that is wripped from the individual, each of us stands naked in the looming shadow of the GOVERNMENT and its presumption of authority. You are left one against the GIANT. AND THAT GIANT does not, cannot, have YOUR best interests in mind. It serves itself and its exercise of power is first to consolidate its power. The first casuality of this over-reach is the autnomy of the individual. This is quickly followed by attempt to appease the GIANT whose big hairy arm restricts more and more. Even when GOVERNMENT eases of for a while, or takes down a notch or two the pressure on this or that popular group, it continues to pose its threat by way of making examples of both those lauded for compliance and those penalized for resistance. Principles are abanonded in favor of might makes right. To fight against this, to carve-out an exemption zone, the more agile and powerful groups will form a sort of alliance with GOVERNMENT. That does not rebuild civil society nor does it establish a legitimate constitutional order; for it is arbitrary and all big actors act on caprice at will.

    But this is the road we find ourselve on, not by our own choosing, though the GOVERNMENT and its alliances will pretend that it has been chosen by those worthy of ITS praise. The full weight of THE GIANT will be used in full measure at the whim of arbitrary policies and 'mandates' imposed on all and keenly felt the most by those who do not comply.