Thursday, July 30, 2020

ok, so i just took a flip through this and it's really quite a bizarre document.

generally, human rights legislation wouldn't have clauses like this in it:

Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason.

that's not a right, it's actually more or less the opposite of one - and something that the supreme court has actually explicitly rejected on multiple occasions.

this is the specific rule:
No one may harass a person on the basis of any ground mentioned in section 10.

section 10 is the usual list of prohibited grounds.

that's not a right, either - that's a law. and, frankly, it's in direct contradiction to the federal charter.

so, my initial analysis was a canada-wide analysis (well, it was an ontario-specific analysis that is applicable in probably every other province) based on a combination of ontario and federal law. federal law still applies in quebec, but it's a delicate thing.

can the court rule the charter unconstitutional? because that clause shouldn't exist, subject to the federal constitution (which quebec never signed).

that case could actually get quite messy.

http://www.legisquebec.gouv.qc.ca/en/showdoc/cs/C-12