Quote:
Originally Posted by Iowa_Flames_Fan
It is true that the rights and freedoms in the Charter generally receive a "broad, purposive" interpretation. However, the 2(a) freedom has actually been pretty extensively litigated and has been the subject of appellate review all the way up to the highest court of our land. There really isn't much mystery any more about the content of 2(a)--and, significantly--its legal limits, which don't allow for what you describe as a "conscience right."
It may not be the place, but I guess what I think you should know is this: the case law governing the 2(a) freedom as set out by the Supreme Court of Canada does not support your interpretation of its content. You might be able to base "conscience rights" on something else, but you can't base it on the Charter. The law just isn't on your side.
I'd be happy to tell you more if you're interested in why. You might also pass that along to others in your party if they are also making this argument.
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Please, feel free to communicate it directly to the party.
info@wildrose.ca
I'm very frustrated by this whole thing. I laid out why in my blog this morning.
Party Policy vs Platform vs Legislation