this post was submitted on 09 Aug 2025
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[–] threeonefour@piefed.ca 19 points 4 days ago

Yes. Courts ruled the government would be violating section 7, "Life, liberty and security of the person". Section 33 is the notwithstanding clause which allows governments to ignore section 7, among many others.

Section 33, Notwithstanding clause:

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 of this Charter.

If you're curious about which rights the government is allowed to ignore:

Section 2(a) – Freedom of religion
Section 2(b) – Freedom of expression
Section 2(c) – Freedom of peaceful assembly
Section 2(d) – Freedom of association
Section 7 – Life, liberty and security of the person
Section 8 – Search and seizure
Section 9 – Arbitrary detention
Section 10(a) – Right to be informed of reasons for detention or arrest
Section 10(b) – Right to counsel
Section 10(c) – Habeas corpus
Section 11(a) – Right to be informed without unreasonable delay of the specific offence charged
Section 11(b) – Trial within a reasonable time
Section 11(c) – Protection against testimonial compulsion
Section 11(d) – Presumption of innocence
Section 11(e) – Right not to be denied reasonable bail without just cause
Section 11(f) – Trial by jury
Section 11(g) – Retroactive offences
Section 11(h) – Protection against double jeopardy
Section 11(i) – Lesser punishment
Section 12 – Cruel and unusual treatment or punishment
Section 13 – Protection against self-incrimination
Section 14 – Right to an interpreter
Section 15 – Equality rights