15 March 2010

Take It From a Constitutional Scholar...

Re: Misunderstanding Canadian Law - March 13 letter to the editor

Aaron Piecowye's attempt to "clear things up" with regards to search and seizure of property does anything but provide clarity on the issue. Canadians do not have a "right to unreasonable searches and seizures" provided in Section 8 of the Charter of Rights and Freedoms - Section 8 actually states that Canadians have "the right to be secure against unreasonable search or seizure." The two statements are drastically different. While the word "unreasonable" provides a certain grey area, as what one person deems to be reasonable will differ from another's perspective, what is not a grey area is Mr. Piecowye's assertion that other laws can never override that particular Charter right. Sections 7-15 of the Charter of Rights and Freedoms are subject to Section 33, the notwithstanding clause, which states that Parliament can enact laws which contravene the rights of Canadians in the applicable sections.
While I'm sure that Mr. Piecowye's effort to provide clarity was genuine, perhaps he should do a little bit of research to ensure that his statements are accurate and factual.

**Update** Godwin's Law makes an appearance in the discussion here

No comments: