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I can't give an expert opinion on that, as, Im not an expert. :) I think there's nothing wrong with questioning the government's decisions. Im critical of our provincial government's hamfisted way of locking us down and well, in my opinion, unfairly targeting the many small business owners who were following guidelines carefully and often invested money into that, simply because enough idiots business owners flaunted the rules. But it's merely my own opinion.

I posted a link to something that may shed some light on the constitutional question. Based on what Ive read, church services are not covered by the charter entirely. I think there is currently a challenge to the ford government over allowing churches to have drive in services. It's my opinion that that, should be allowed, for obvious reasons.
I removed my post as I posted that by accident before finishing my thoughts, I do like that ehMac will not save posts you are working on though in this case when replying to something that did not require as much though I forgot to remove it before posting!

I agree there is nothing wrong with questioning our governments decisions, we should very well be keeping them accountable (though not sure how that is possible outside of not electing them next go around).

I am not sure how a church service could not be covered by the charter, it is a peaceful assembly. Though I think it can be suspended if it poses a public threat. Not a lawyer, just someone googling away.

Not sure how practical a drive in service is, I think at that point you might as well just watch online and save the gridlock when the service is over!
 

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Not a lawyer but would not the simple right to a peaceful assembly apply or can the charter of rights and freedoms be turned off when needed?
Exactly. The "Fundamental Freedoms" section of the Canadian Charter of Rights and Freedoms states that everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

The "reasonable limits"clause suggest that these right are not absolute--however, it also allows that limits to these freedoms must be justified by the courts.
 

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Not sure how practical a drive in service is, I think at that point you might as well just watch online and save the gridlock when the service is over!
In the city, may people don't even own cars. The question isn't whether a drive-in church would make non-members happier. It's about understanding Charter freedoms.
 

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I am not sure how a church service could not be covered by the charter, it is a peaceful assembly. Though I think it can be suspended if it poses a public threat. Not a lawyer, just someone googling away.
Limits to Charter rights must be examined by courts under the "Oakes clause" as supported by case law in R v Oakes (1986).
 

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Silly question, but, if it's a constitutional issue, have there been any legal challenges issued? I'm only aware of a bunch of news article arguing one way or another, and the legal consensus being that it would need to be tested in courts. I haven't seen anything concrete to say this is actually happening, but I'm not even sure where to check.

ENFORCEMENT OF GUARANTEED RIGHTS AND FREEDOMS / Exclusion of evidence bringing administration of justice into disrepute.
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
 

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peek-a-boo
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I removed my post as I posted that by accident before finishing my thoughts, I do like that ehMac will not save posts you are working on though in this case when replying to something that did not require as much though I forgot to remove it before posting!

I agree there is nothing wrong with questioning our governments decisions, we should very well be keeping them accountable (though not sure how that is possible outside of not electing them next go around).

I am not sure how a church service could not be covered by the charter, it is a peaceful assembly. Though I think it can be suspended if it poses a public threat. Not a lawyer, just someone googling away.

Not sure how practical a drive in service is, I think at that point you might as well just watch online and save the gridlock when the service is over!
That's happened to me too many times. I like that it saves posts, but sometimes, you get a nasty surprise...

As far as drive in service, I may not understand it, as having grown up in a Christian house I was taught that god is supposed to be all around us, etc., however, back to the justifiable limit thing, if they can't justify limiting the drive in option, who am I to judge?
 

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Silly question, but, if it's a constitutional issue, have there been any legal challenges issued? I'm only aware of a bunch of news article arguing one way or another, and the legal consensus being that it would need to be tested in courts. I haven't seen anything concrete to say this is actually happening, but I'm not even sure where to check.
I haven't seen any as yet, but in Canada these things don't move quickly. Redress would first be sought at the most local level.

In the U.S., there have already been several Supreme Court decisions regarding the issue.
 

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peek-a-boo
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Limits to Charter rights must be examined by courts under the "Oakes clause" as supported by case law in R v Oakes (1986).
Im glad you’ve returned to conversing rather than useless goading, but I’ve already provided this info. ^^
 

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Not a lawyer but would not the simple right to a peaceful assembly apply or can the charter of rights and freedoms be turned off when needed?
Absolutely your rights can be suspended. Just ask David Suzuki’s family during WWII or anyone who’s experienced the War Measures Act. A health code policy would be another exception to the 1982 charter.
 

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Absolutely your rights can be suspended. Just ask David Suzuki’s family during WWII or anyone who’s experienced the War Measures Act. A health code policy would be another exception to the 1982 charter.
Thankfully the War Measures Act was repealed and no longer something that can be used. Was difficult times for many many people from those countries we were at war with.
 

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peek-a-boo
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Absolutely your rights can be suspended. Just ask David Suzuki’s family during WWII or anyone who’s experienced the War Measures Act. A health code policy would be another exception to the 1982 charter.
agreed. I’d rather listen to a constitutional law expert than an anonymous forum troll on this matter ;)
 

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agreed. I’d rather listen to a constitutional law expert than an anonymous forum troll on this matter ;)
Is someone on this forum a constitutional law expert?
 

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peek-a-boo
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someone seems to be pretending to be one.

See my quote and link to one above :) who gave an eloquent piece on this.
 

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Is someone on this forum a constitutional law expert?
I know some professors in constitutional law, so I guess you should all listen to me until a bona fide EhMac constitutional law expert steps up! ;)
 

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peek-a-boo
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Imagine that. Someone on da internet “knows some experts”.

lol.
 

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peek-a-boo
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My brother bob has an awesome set of tools.
 
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