Bill 38 and the Charter

So here we are in week 7-8 of time in our own little bubbles. At this point im not sure, days flow into weeks and it seems like a daunting task trying to keep track. Here we all are in Newfoundland and Labrador cases of Covid-19 have been on a massive decline for weeks, social distancing is working apparently well, all good stuff right.

For the most part, even if I didn’t agree with some of the measures put in place, for the betterment of our health, I could understand why they were put in place and they all seem to be working out from a health perspective.

So that brings us to yesterday, in the HOA a bill was set forward Bill 38 (as seen here https://www.assembly.nl.ca/HouseBusiness/Bills/ga49session1/bill2038.htm).

This is some of the most intrusive legislation, I have seen introduced in a Canadian province. In order to enforce public health orders. Police in this province have been granted broad authority to act, in ways that would normally be off limits, without due process and the execution of warrants.

As I run the gamut of potential abuses these powers afford to “inspectors” I cannot help but be weary of what may arise. I will not take these thoughts and envision a police state or authoritarian regime. I will however point out, that many of these acts outlined in bill 38, would in normal times, be in direct violation of Canada’s Charter of Rights and Freedoms.

To the best of my knowledge, the rights afforded under the Charter, are only to be suspended to the minimum necessary amount, given any state of emergency, health or otherwise, and that all considerations must be made to try and uphold them, regardless of the situation.

Which brings me to my point, we here in Newfoundland and Labrador have achieved great containment of this virus according to all signs. One cluster caused 75% or more of the total cases here and we are seemingly beyond that at this point. I am not rushing for stores to be opened or large groups of people to be interacting, staying the course slow and steady, while not ideal, is understandable.

We have forfeited our right to travel, seeing our families, changed the way we communicate and interact, all to protect each other, and its working well.

Why then did this step become necessary? Why are we being told more of our rights are being thrown aside? Should we have to throw out due process, in order to combat a virus, which by all accounts we are handling well? Is this a bridge to far?

These are important questions, please engage, read bill 38, help find the answers. These laws or acts get put into place with no definite timelines as to when they are to be rescinded. There is no end in sight and no status all clear, in the guidelines for re-opening NL. Will they be in place until then, until the order is completely lifted?