Times Colonist letter: Charter of Rights should not be bypassed

Re: “Pathetic Pandora is a child of the charter,” letter, Aug. 28.

I’m outraged that the Times Colonist published this undignified letter.

The author of the piece laments that legislation ought to be written to bypass the sacrosanct Canadian Charter of Rights and Freedoms whenever it is deemed inconvenient to address homelessness.

Of course, any respectable journalist knows that this stance, if nothing else, is legally absurd. The Charter enjoys quasi-constitutional status; it prevails over all legislation, for crucial reasons.

That being said, the Charter does feature the notwithstanding clause, to the dismay of many, as it is nowadays floated as a solution to do precisely as the author suggests.

In 2024, 15 mayors wrote to Ontario Premier Doug Ford urging him to invoke the clause in response to a court decision asserting the rights of encampment residents under Article 7 of the Charter, which guarantees the life, safety and security of the person.

The letter was met with a joint statement by several advocacy groups, more than 70 Ontario councillors, hundreds of members of the legal community, and thousands of members of the public condemning the proposal as a dangerous idea that would undermine the rule of law.

Even such a brazen politician as Doug Ford recoiled from the backlash.

Newspapers cannot simply distance themselves from the letters they publish; they have a duty to the public to enforce basic editorial control to prevent harm caused by inflammatory rhetoric.

Besides, Article 2(b) of the Charter guarantees the freedom of the press; therefore, publishing such a piece amounts to self-injury.

Martin Girard

Victoria