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Giving the finger is a ‘God-given right’, Canadian judge rules

citoyens.soquij.qc.ca

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Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#101

Post by belval »

mnkv wrote: post #79
belval wrote: post #8

If you look past the headline, this story is almost "basic sanity". The guy's neighbour didn't want the accused's kids playing in the street (in the suburbs) because they have a yard. To "prove" his point that it was dangerous he drove recklessly around the kids in the street. The accused flipped him off and (allegedly because he denies it) threatened him. Now frankly, I don't see why this would be hackernews-worthy,…

Did you read the whole report??? The complainant is essentially stalking his neighbour with surveillance footage, recording any time the neighbour so much as looks in his direction, and keeps a stalker-ish log book with insults. On top of that his wife and his father nearly hit the neighbour's 4 year olds with a car and then say they refuse to slow down. The report says the car was "inches away" from another person a…

I think we are in agreement here, the "basic sanity" is throwing this case out the window. There is nothing sane about the neighbour's behaviour.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#102

Post by frenchy »

version_five wrote: post #65
tjohns wrote: post #58

Earlier quoted context omitted.

The first amendment to the US constitution does not apply to Canada. Unless you believe US law is globally binding. (That said, Canada does have their own freedom of speech, under the Charter of Rights and Freedoms.)

Canada's charter of rights and freedoms isn't worth the paper it's printed on, especially in Quebec where the government actively pre-empts it (it has a clause that allows this, explaining why it's worthless) when it doesn't line up with their ideology.

> Canada's charter of rights and freedoms isn't worth the paper it's printed on

While this is certainly technically true, the charter is something of a representation of the social contract that already existed between Canadians and their government, and given that we are a country of common law, that does mean something.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#103

Post by hughw »

belval wrote: post #8

If you look past the headline, this story is almost "basic sanity". The guy's neighbour didn't want the accused's kids playing in the street (in the suburbs) because they have a yard. To "prove" his point that it was dangerous he drove recklessly around the kids in the street. The accused flipped him off and (allegedly because he denies it) threatened him. Now frankly, I don't see why this would be hackernews-worthy,…

With respect to "sanity", I feel sure the complainant has poor mental health, perhaps a classifiable illness. IANAP.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#104

Post by 908B64B197 »

b112 wrote: post #97
version_five wrote: post #65

Earlier quoted context omitted.

Canada's charter of rights and freedoms isn't worth the paper it's printed on, especially in Quebec where the government actively pre-empts it (it has a clause that allows this, explaining why it's worthless) when it doesn't line up with their ideology.

Sadly, other political bodies do this as well, and it is becoming more common. That clause, I agree, was a mistake. Still, the charter has at least been beneficial in many court cases, and caused many laws to be turfed (many of which, are just dropped forever).

>> especially in Quebec where the government actively pre-empts it

It would make sense for Quebec to ignore it since, well, they didn't sign it. Just like the US constitution doesn't apply since, well, Canada didn't sign it.

> Sadly, other political bodies do this as well, and it is becoming more common.

What makes no sense is the federal government can apparently decide to "suspend the constitution" as it pleases (and did so for peaceful freedom of speech demonstrations by truckers recently).

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#105

Post by [deleted] »

belval wrote: post #8

If you look past the headline, this story is almost "basic sanity". The guy's neighbour didn't want the accused's kids playing in the street (in the suburbs) because they have a yard. To "prove" his point that it was dangerous he drove recklessly around the kids in the street. The accused flipped him off and (allegedly because he denies it) threatened him. Now frankly, I don't see why this would be hackernews-worthy,…

[deleted]

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#106

Post by snozolli »

nostromo wrote: post #38
snozolli wrote: post #34

Earlier quoted context omitted.

or the woman arrested for silently praying, in her head, while standing in front of an abortion clinic. Hmm... Looks like this happened in the UK: The video shows an officer asking Vaughan-Spruce if she was praying, to which she answers: “I might be praying in my head.” She was charged Dec. 15 with four counts of breaking a Public Space Protection Order (PSPO) around the abortion facility. A PSPO is intended to stop…

> abhorrent behavior How can any sane person watch this video and say her behavior was "abhorrent?" https://www.youtube.com/watch?v=k6E105a58p8 Videos like this make me so thankful for the US constitution.

How can any sane person watch this video and say her behavior was "abhorrent?"

I'm talking about the behavior that led to the protection order.

She's trying to play the "thought crime" angle in order to get the protection order repealed and pretend that they're being victimized. It's disingenuous.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#107

Post by Beldin »

karaterobot wrote: post #95
908B64B197 wrote: post #54

Earlier quoted context omitted.

Wow that's colorful for court documents. I don't see how it could have turned out any other way. I'm just surprised he was actually arrested for something that's obviously covered by the first amendment. This reeks incompetence from the district attorney, trying to intimidate the man out of his rights like that.

God help you, you made an honest mistake, and now everybody gets to jump down your throat about it. Here's an upvote from one of the few people on HN who occasionally commits and error and can sympathize.

Moreover, GP's got a point: it cannot be good for your career as a prosecutor to have such a verdict on your record.

Every second point is the judge tearing the case to shreds... your boss would wonder why you didn't catch that yourself.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#108

Post by Waterluvian »

version_five wrote: post #65
tjohns wrote: post #58

Earlier quoted context omitted.

The first amendment to the US constitution does not apply to Canada. Unless you believe US law is globally binding. (That said, Canada does have their own freedom of speech, under the Charter of Rights and Freedoms.)

Canada's charter of rights and freedoms isn't worth the paper it's printed on, especially in Quebec where the government actively pre-empts it (it has a clause that allows this, explaining why it's worthless) when it doesn't line up with their ideology.

Violating the Charter was one of the core arguments in this decision.

So… no.

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#109

Post by ChickenNugger »

rossdavidh wrote: post #49

I admit, it's long. But the ending was brilliant. "In the modern-day vernacular, people often refer to a criminal case “being thrown out”. Obviously, this is little more than a figurative expression. Cases aren’t actually thrown out, in the literal or physical sense. Nevertheless, in the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window, which is the only…

If you enjoy this kind of thing I highly recommend the substack HN introduced me to by Yessine Meskhout: https://ymeskhout.substack.com/

This is the one that got me hooked: https://ymeskhout.substack.com/p/eleven-magic-words-unlocked

And another hilarious read: https://ymeskhout.substack.com/p/i-am-here-because-of-blind-...

Re: Giving the finger is a ‘God-given right’, Canadian judge rules

#110

Post by tharkun__ »

karaterobot wrote: post #95
908B64B197 wrote: post #54

Earlier quoted context omitted.

Wow that's colorful for court documents. I don't see how it could have turned out any other way. I'm just surprised he was actually arrested for something that's obviously covered by the first amendment. This reeks incompetence from the district attorney, trying to intimidate the man out of his rights like that.

God help you, you made an honest mistake, and now everybody gets to jump down your throat about it. Here's an upvote from one of the few people on HN who occasionally commits and error and can sympathize.

Looking at this he made no mistake at all and is rightfully being voted into oblivion.

https://news.ycombinator.com/item?id=35102169

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