Supreme Court of Canada – Warrantless Entry of Cell Phones by Elizabeth Marshall

Published January 1, 2015

Elizabeth MarshallOn December 11, 2014, it was reported, on the various news channels, that the Supreme Court of Canada (SCC) has enabled police to engage in warrantless entry of cell phones. How can we say that Canada is the “true North strong and free,” when the highest court in the land keeps removing Canadian’s rights? This is becoming a systemic issue, and even our politicians are supportive of this initiative.
Peter MacKay, the Attorney General for Canada, came out and stated that police need more powers to investigate. My question for Mr. MacKay is, if the person has been arrested, is there the chance that a) the police would be unable to obtain a warrant, b) the person charged is going somewhere, and c) is he prepared to have his cell phone open to warrantless entry? It would seem government is as much to blame as the police.

This isn’t the first time the Supreme Court of Canada has removed the people’s rights. I am not in any way, shape, or form promoting bigotry and biases’, but to remove a person’s right of free speech because it might hurt someone’s feelings, doesn’t only remove that person’s rights, but all Canadian’s rights to free speech. Hurt feelings or someone’s dignity is not an inviolable, inalienable right, but someone’s freedom of speech is.

Freedom of speech is based on someone telling the truth. If they aren’t telling the truth, they can be sued for libel and/or slander. That is to be the law. The SCC has effectively left the door open to anyone whose feelings have been hurt to sue for little or no reason, at all.

So now the next question is…if you have hurt someone’s feelings and are charged under a provincial Human Rights violation, does this give police the opportunity to search your cell phone, without a warrant? It would seem so. So perhaps we should have Mr. MacKay charged for hurting our feelings, because he is effectively saying that all Canadians should have their rights removed, to satisfy the very small chance that the police may find something on someone’s cell phone which pertains to their case. He is also saying that someone’s freedom of speech, and this also includes religion because it is based on expressing the truth in words, is subservient to someone’s hurt feelings. I know he has hurt Canadian’s feelings, because he has removed their inviolable rights, as he is accusing them of some heinous crime, even though they may or may not have said something, which could be construed as hurting someone’s feelings.

As for the Supreme Court of Canada, do these judges think they are above the law? What about the documents included in our constitution, which the SCC has used time and again to support themselves; their wages, etc.? What about the politicians and how they have used our constitutional documents to support their so-called ability to create legislation?

Our freedom of speech and the requirement of warrants for searches, are not to be limited by Trudeau’s removal of rights, called the Charter. Our freedom of speech and our security from warrantless searches are included in our Common Law rights, which are included in the Preamble of the British North American Act, 1867, which today is part and parcel of the Constitution of Canada. The Preamble includes none other than Magna Carta, the Petition of Right, the Bill of Rights (1688-89), the Nullum Tempus Act, 1769, the Statute of Frauds, the Abolition of the Star Chamber, 1641, etc.

So the next question is: has the Supreme Court of Canada entered into the field which was the cause of the Abolition of the Star Chamber? In my very humble opinion, Yes! The Court of Star Chamber removed the rights of the people and it had to be abolished. It removed the right of property, the right of defence, and it supported warrantless entry, removal of freedom of speech, etc., etc., etc. So our Courts, be those the Divisional courts, the Superior courts of the provinces, and now the Supreme Court of Canada, are involved in violating the foundation of the British Commonwealth, with the violation of the very documents which created them in the first place, Magna Carta, etc.

We, as Canadian’s, need to be expressing to our elected officials, and to these jurists that we aren’t taking this any longer. They need to understand that we, the people, on behalf of them, will protect the inviolable rights of all Canadians. If you have committed a crime, then you pay, but there can never be warrantless entry and our freedom of speech needs to be protected or we have reached a complete and absolute communist state, at the abusive hands of our courts and our elected officials.

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