Canadians have a charter right to bike lanes.

Posted by Geoffrey Clarfield

This is what happens when Utopian politicians and lawyers turn their back on one thousand years of Anglo Jurisprudence and precedent.
Canada’s historically recent Charter of Rights is a sham constitution worthy of a third world tyranny.
From First Reading Magazine

This month, an Ontario court ruled that Canadians have a charter right to bike lanes. Ontario Superior Court Justice Paul Schabas struck down a Province of Ontario plan to remove three Toronto bike lanes, stating that it violated the “principles of fundamental justice.”

This seems to be happening a lot — a Canadian judge finding a heretofore undiscovered right in the Charter of Rights and Freedoms. Most of these decisions are happening thanks to Section 7 of the Charter, which enshrines the right to “life, liberty and security of the person.”

Ever since it was added in 1982, Section 7 has long done some of the heaviest lifting in the Canadian constitution. It’s why Canada has no abortion law, it’s why Canada has the world’s most unrestricted assisted suicide regime, and it’s a big part of the reason that safe injection sites are now ubiquitous across Canadian cities.

But in just the last few years, judges across Canada have looked at the phrase “security of the person” and determined that it also confers a right for everything from bike lanes to tent encampments to doing drugs in playgrounds.

Below, a cursory summary of some of the more out-there Section 7 decisions.

The charter right to bike lanes

Last year, the government of Ontario Premier Doug Ford passed the Reducing Gridlock, Saving You Time Act. It was a series of amendments to the Highway Traffic Act that gave the province increased powers to kibosh proposed bike lanes, and also to remove existing bike lanes.

But in early August, the Ontario Superior Court ruled that they can’t do this because it might get cyclists killed, thus violating the cyclists’ Charter guaranteed “right to life.”

The charter right to prescribe puberty blockers to children

Last year, Alberta became the first Canadian jurisdiction to table legislation dialling back the ability of minors to be given surgery or hormones in the service of changing their gender. Sex reassignment surgery on minors was to be banned, and the prescription of “puberty blockers” and other hormone therapies for children was tightly restricted.

In June, Alberta’s Court of King’s Bench placed a temporary injunction on the measures. . .Justice Allison Kuntz largely rejected the results of the Cass Review, relying instead on the evidence of petitioners saying Alberta children would suffer “irreparable harm” if allowed to go through puberty.

Wrote Kuntz, “the evidence shows that the Ban will cause irreparable harm by causing gender diverse youth to experience permanent changes to their body that do not align with their gender identity.”

The charter right to do drugs in playgrounds

And so on. Read everything here