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Are rights the same? US v.s. Canada

Posted 01-25-2017 at 01:21 PM by lifeexplorer
Updated 02-03-2017 at 04:01 PM by lifeexplorer


I get this a lot from dumb Americans claiming Canada has more rights or just as free as US.

This is fundamentally false. United States has the most freedom and be thankful to live in US.

I don't claim to be a constitutional scholar but you can read and decide on your own.

1. The Bill of Rights.

The Canadian Bill of Rights is just a federal law, rather than a constitutional document. It can be amended through regular legislative process. This means a political party in control of the parliament can easily change the rights if they want to. Hypothetically, today you have the right to a lawyer, but tomorrow, you don't.

https://en.wikipedia.org/wiki/Canadi...ental_freedoms

Why is this important? A right that can be taken away that easily by the government is no right at all.

This happened in Canada when they passed Bill C-24 in 2014 which said any naturalized Canadian, if convicted by a foreign court for terrorism, would have his or her citizenship revoked by the ministry.

First of all, this created two classes of citizens: natural born citizens an naturalized citizens.

Secondly, a government official not a court, without going through the due process of the law, could revoke the citizenship.

OK, in 2016, a new party was in power and they reversed the law.

Wow, for something so fundamental like citizenship, government can jerk it around like this is amazing.

Good luck with amending the US Bill of Rights.

2. Right to keep and bear arms

The Canadians would spit on you if you even hinted that people should have the right to keep and bear arms. If you were stupid enough to utter the idea that citizens forming a militia to resist a tyrannical government, you would be immediately arrested by RCMP, similar to our FBI, as a terrorist.

In US, such right is self-evident and fundamental. The Bill of Rights specifically prohibited that the government from infringing upon this right.

3. Suspension of Rights

In Canada, a province, similar to our State, can suspend the rights without cause.

Quote:
Section 33.
(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15.
https://en.wikipedia.org/wiki/Sectio..._Freedoms#Text
In US, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

4. Are the rights the same?

Let's look at the freedom of speech.

In Canada, they have hate speech laws defined by the government.
One can't say anything bad about a group of people except for white people. Seriously, a country can't say it has freedom of speech while having a hate speech law in place. "Hate speech" is basically whatever speech the government or some people disagree with.

In US, the freedom speech only stops when it fails "imminent danger" test like yelling "fire" in a crowded theater.
https://en.wikipedia.org/wiki/Hate_speech#United_States
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Comments

  1. Old Comment
    The Canadian Charter of No Rights and Special Pleadings is about as solid as Swiss cheese. That being said it is not legislation. It has a detailed amending formula.
    permalink
    Posted 06-03-2017 at 08:15 PM by jbgusa jbgusa is online now
 

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