Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

citoyens.soquij.qc.ca

Post reply on HN
Print view View original

161–170 of 318 posts

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

#161

Post by rhaway84773 »

version_five wrote: post #154
jpambrun wrote: post #149

Earlier quoted context omitted.

This charter and the constitution was imposed unilaterally, and adopted at night without the presence of Quebec representatives. So.. can't really blame us for not being in love with it..

Can't blame Quebec for disagreeing that people are entitled to basic freedoms? (I'd encourage people to read the charter and Quebec's concerns, Quebec objects to it because it doesn't allow them to discriminate against foreigners, there's not some legitimate concern) Some background https://www.washingtonpost.com/opinions/2021/05/28/quebec-ca...

Unfortunately people agreeing to sacrifice their own rights in favor of more government overreach as long as it’s marketed as hating on the other (usually immigrants, but also, for example, black people in the US) is not unique to Quebec, and is distressingly popular across the world.

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

#162

Post by [deleted] »

908B64B197 wrote: post #156
Waterluvian wrote: post #143

Earlier quoted context omitted.

Nobody here really cares about the monarchy beyond the novelty. But we don’t feel threatened by the fact that technically the monarchy has sweeping powers to dissolve government and walk away with our freedoms. Heck we aren’t even accumulating weapons just in case!

> But we don’t feel threatened by the fact that technically the monarchy has sweeping powers to dissolve government and walk away with our freedoms. > Heck we aren’t even accumulating weapons just in case! Not like you could do anything about it, seeing as the monarch took the guns!

[deleted]

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

#163

Post by rhaway84773 »

refurb wrote: post #144
acover wrote: post #85

Earlier quoted context omitted.

We grant you this right, not withstanding any desire we have to take it away.

No to mention the rather flippant suspension of Charter Rights during the Trucker Convoy.

Blockades are not fundamental rights. Honking is not a fundamental right. Situating massive private objects on public property is not a fundamental right.

Also, the government declared a state of emergency, the whole point of which is to create a temporary environment where certain rights may be ignored.

I don’t see the government of Quebec declaring an emergency because of an epidemic of people flipping the bird before proceeding with legal proceedings against this guy.

There’s literally no comparison between the 2 situations.

You may disagree with declaration of emergency, and there are ways for the people to protest that. Doesn’t seem like the vast majority of Canadians were interested.

There may have been issues with the response to the trucker blockade. But an illegal suppression of fundamental rights wasn’t one of them.

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

#164

Post by sheepscreek »

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…

There’s more:

> For reasons explained below, the Court is resoundingly acquitting the accused. Since I’m hesitant to draft an entire decision in bold and caps-lock characters, I offer the following observations instead.

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

#165

Post by jkaplowitz »

fsckboy wrote: post #142
jkaplowitz wrote: post #137

Earlier quoted context omitted.

Outside the specifically legislated scopes where those overrides are in use, or for the parts of the Charter that aren’t subject to the override, courts can and routinely do enforce the charter by invalidating actions or laws. It’s very far from worthless, even if you and I both would rather the override clause didn’t exist. At least, the overrides expire after 5 years if not re-legislated for a new 5 years, so polit…

is there any merit to the complaint that some recent legislation in Canada has turned purview of some free speech matters over to "human rights tribunals" which, the complaint alleges, do not accord the same robust due process rights defendants have in courts?

I don't know what particular complaint you're referring to, but I've seen decisions by Canadian human rights tribunals get challenged in courts, and none of the laws governing Canadian human rights tribunals invoke the legislative option to override to Charter free speech rights, so I think whoever filed that complaint is misunderstanding the reality of the situation.

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

#166

Post by rpmisms »

ChickenNugger wrote: post #109
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-...

I love humorous legal writing. Some of the best writing and humor come together to make something great.

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

#167

Post by iosystem »

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…

Montreal police are some of the worst police in Canada and the Montreal prosecutors always take any arrests by police before a Judge even if there are glaring mistakes at play. I know of a cancer patient that wanted medical assistance in dying. The hospital didn't want to provide it to her and lied to the police about her threatening to take a life of a doctor. She in fact was explaining to the doctor she would be able to take someone else's life if the roles were reversed and if someone needed to die from medical assistance in dying; which is legal here in Canada but doctors are hesitant to treat young adults in her case with the same respect as the older generations.

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

#168

Post by walrus01 »

sheepscreek wrote: post #164
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…

There’s more: > For reasons explained below, the Court is resoundingly acquitting the accused. Since I’m hesitant to draft an entire decision in bold and caps-lock characters, I offer the following observations instead.

If you like well written Canadian legal decisions, check out the decision in Meads. v. Meads on sovereign citizens.

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

#169

Post by zemnmez »

EntrePrescott wrote: post #127
ttul wrote: post #115

It is indeed shocking that this poor man was arrested, charged, and taken through a full prosecution despite the obviously flawed evidence. The crown prosecutor erred so greatly in taking this case on that it strains belief. In Canada, the crown turns down all sorts of cases if they aren’t highly confident they can win. This one? Prosecutors are appointed, not elected. They have nothing to gain from such legal touris…

leaving aside the show of incompetence of that specific "crown prosecutor", what I find even far more shocking is that in 2023 there still is such a thing as a "crown prosecutor". I'd say it's high time to gain full independence and throw the English "crown" out of Canada.

“the crown” is an idea stemming from english constitutional law representing “the state”, i.e. the legal entity constituting the country. It doesn’t have a lot to do with the physical monarch except in metaphor. It looks like, based on some Googling, that Jamaica, which is a republic (canada is not) still uses the term “crown” in this sense: https://www.mof.gov.jm/careers/crown-counsel-mlss-legal-serv...

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

#170

Post by FireBeyond »

version_five wrote: post #122
nucleardog wrote: post #116

Earlier quoted context omitted.

Yep. If you don’t live in Ottawa, please stop trying to tell us how peaceful and reasonable the attempt at overthrowing our democratically elected government, attended by nazis flying swastikas on our monuments and involving people trying to burn down buildings, was.

Lol (Just to be clear, is case anyone doesn't know about this, the above is either an absolutely insane or absurdly dishonest characterization, it's easy to do your own research)

https://www.npr.org/2022/02/10/1079842220/ottawa-trucker-con...

Ah yes, the confederate flag, that ubiquitous symbol of Canadian freedom.

Post reply on HN