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

citoyens.soquij.qc.ca

171–180 of 318 posts

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

#171

Earlier quoted context omitted.

I wonder how a civil war refugee would react seeing this [0] [1] labelled as an attempt to overthrow a democratically elected government. [0] https://www.youtube.com/watch?v=P74pbbhCZng [1] https://www.youtube.com/shorts/hzfwaSVIvoA

People in Ottawa used to get about as upset about Bluesfest when it was held downtown, because there was some music from a summer festival for a few nights. They're not really a good measuring stick for how disruptive something is, more like a bunch of entitled civil servants that don't want to be disturbed while they cross off the days until their pensions arrive.

Oh come on.

Comparing truck and ship horns with closed circuits for 22 hours or more a day to "music from a summer festival" might not be the MOST disingenuous comparison I've heard, but it's pretty close, if not.

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

#172
post #144

Earlier quoted context omitted.

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

One of the most frustrating things about that whole situation with the Emergencies Act is the people simultaneously shouting "they have to use it, it's the only way for them to have the power to shut it down!" and "no one's rights are being violated!" I found the final report on the whole EA invocation to be reasonable. It found that the use of the EA was warranted, but also made it crystal clear that a) other people…

While I agree with most of your comment, I don’t think the application of emergency necessarily contradicts fundamental rights.

For example, a truck may be allowed to park on a road for a while. They are allowed to honk occasionally as needed while driving. This is completely legal. However, that doesn’t mean they have a fundamental right to park private objects in public space and disturb the peace by honking unnecessarily for extended periods of time.

Laws allow people to do a lot more than just what fundamental rights allow. Often those laws will never consider scenarios that are not fundamental rights but are possibly hurting the fundamental rights of others, and then for practical reasons, an emergency would be the only way to resolve the situation in a reasonable amount of time.

If the emergency was abused to suspend fundamental rights that can be opposed in courts and at the ballot box. Emergencies don’t give the government carte blanche to abuse citizens’ rights. They give government a reprieve to act quickly, and let the legal system get involved later.

In most jurisdictions (I don’t know if this is true in Canada, but it’s certainly true in the US, where courts required governments to overturn emergency laws during the pandemic), people can still petition the courts that their rights were suspended illegally.

Emergency laws don’t eliminate rights. They suspend them and courts absolutely have the ability (at least in the US) to get involved and penalize the government if it finds the suspension of rights are unwarranted.

I don’t believe any Canadian court has found that to be the case in the truckers blockade, which probably reflects that fundamental rights were not suppressed.

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

#173
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,…

It's newsworthy because Canada has taken a stance as being the arbiter of free speech in other regards, such as misgendering pronouns

https://www.them.us/story/canadian-court-rules-misgendering-...

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

#174

Here’s the specific “God-given right” passage from the ruling. So satisfying: [168] To be abundantly clear, it is not a crime to give someone the finger. Flipping the proverbial bird is a God-given, Charter enshrined right that belongs to every red-blooded Canadian. It may not be civil, it may not be polite, it may not be gentlemanly. [169] Nevertheless, it does not trigger criminal liability. Offending someone is no…

> Offending someone is not a crime

except when in Canada, you do not acquiesce to calling someone by their chosen gender pronoun

https://www.them.us/story/canadian-court-rules-misgendering-...

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

#176
post #79
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…

Guy should lose his license for life for threatening to murder a child with a vehicle.

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

#178

Earlier quoted context omitted.

Looks like the cops did the right thing there : >In his testimony, Naccache simply says that the police treated it like a neighbourly dispute and accordingly declined to press the matter further. They were “not keen of processing a harassment complaint”.[11] However, he conveniently omits mentioning what he noted in his written log. >The log reveals that, to his dismay, the police officer informed him that his brothe…

Hard to imagine "the right thing" ever involves using force to detain a citizen who poses no urgent threat and has not engaged in violent behavior. That detainment may be temporary, but it is a complete and utter denial of all basic human rights to the person being detained.

The police didn't use force; it says in the court documents that, when arrested, the accused complied completely with the police.

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

#179

Here’s the specific “God-given right” passage from the ruling. So satisfying: [168] To be abundantly clear, it is not a crime to give someone the finger. Flipping the proverbial bird is a God-given, Charter enshrined right that belongs to every red-blooded Canadian. It may not be civil, it may not be polite, it may not be gentlemanly. [169] Nevertheless, it does not trigger criminal liability. Offending someone is no…

> Offending someone is not a crime except when in Canada, you do not acquiesce to calling someone by their chosen gender pronoun https://www.them.us/story/canadian-court-rules-misgendering-...

That's a human rights tribunal, which is basically a lawsuit in a fancy hat. Not a crime.

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

#180
post #144

Earlier quoted context omitted.

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 bef…

How about donating to a cause?

So-called “Freedom Convoy” protesters were ultimately responsible if banks froze their accounts under the Emergencies Act last winter, but the government was not trying to “punish” those who took part, senior bureaucrats said Thursday.

The government set a precedent that donating to causes deemed "threatening" is worthy of an emergency freeze on your bank account.

Well done. Canada.

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