Sunday, 13 January 2019

Does Constitution Matter?

Founder of a nation would make Constitutional Laws to prevent a government from falling into chaos. The Constitutional Laws are a system of check and balance to equalize power in a country. Therefore, people are not subjects but citizens of a nation. The citizens have legal rights which are protecting them from the system to cause harm to them. The Constitutional Laws are the mother of all laws. No one can make rules which are contrary to the Constitutional Laws. If anyone makes a law that is contrary to the Constitutional Laws, s/he violated their legal rights.

Recently, the Liberal Party of Canada, under the leadership of Right Honorable Justin Trudeau, a law legislated in the parliament that allows police officers to enter a person's house for suspicious of drinking alcohol or a police officer can stop a person for wary of drinking alcohol. 

A rational mind asks questions like, does Constitution says a citizen has a right  "9. Everyone has the right not to be arbitrarily detained or imprisoned."1 Therefore, how is it possible for politicians to pass a law which allows police officers to make an arrest not based on Reasonable Probable Ground, but base on suspicious activities? 

The Government of Canada established on the fundamental principle of Peace, Order, and Good Government and it is embedded in the Legal Rights, it stipulates that "7. Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except following the principles of fundamental justice."2 Do Canadians feel secure some strange person walk in their home and demands test for alcohol? 

The bottom line comes to this excellent point, does Canadian Constitution matter? Is it just a piece of paper that requires expensive lawyers to appear before a judge to debate an issue while people's legal rights violated and citizens relation with their government is broken down?

Endnote:
1. https://laws-lois.justice.gc.ca/eng/Const/page-15.html
2. https://laws-lois.justice.gc.ca/eng/Const/page-15.html

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