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John Carpay: Claiming That Children Have Adult Rights Is a Perversion of the Canadian Charter

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From the Justice Centre for Constitutional Freedoms

By John Carpay 

In August of 2023, the UR Pride Centre for Sexuality and Gender Diversity filed a court application seeking to strike down Saskatchewan’s “Use of Preferred First Name and Pronouns by Students” policy. The policy requires parental consent when children under the age of 16 wish to use opposite-sex names and pronouns at school, referred to as “social transition.” This “social transition” can lead to children receiving puberty blockers, opposite-sex hormones, and eventually life-altering surgeries that will render them permanently infertile.

In September, UR Pride persuaded the Saskatchewan Court of King’s Bench to grant an interim injunction to suspend the policy pending a full court hearing, which would not take place until February of 2024. UR Pride claims that the parental consent policy will violate children’s charter rights and will irreparably harm them.

Saskatchewan Premier Scott Moe has introduced Bill 137, which uses Section 33 of the Canadian Charter of Rights and Freedoms, the notwithstanding clause, to keep his government’s parental rights policy in place, following the September court decision to suspend the policy temporarily, or any future court rulings to strike it down. Section 33 gives our federal Parliament and provincial legislatures the ability, through the passage of a law, to override a judge’s interpretation of certain charter rights for a renewable five-year term.

Opponents of Section 33 argue that politicians should not be allowed to violate our rights and freedoms. However, Section 33 is not all that different from Section 1 of the charter, which allows judges to override our charter rights and freedoms in much the same way that Section 33 allows politicians to do so. Section 1 empowers judges to approve and endorse the government’s violation of constitutional rights, if a judge in his or her personal opinion deems the violation to be reasonable and “demonstrably justified.”

In theory, Section 1 requires judges to force governments to justify any violation of charter rights and freedoms “demonstrably,” with persuasive evidence. According to the test laid down by the Supreme Court of Canada in R. v. Oakes (1986), governments must show that their violations of charter freedoms are actually doing more good than harm. Theory aside, judges have repeatedly used Section 1 to rubber stamp the government’s lockdowns and vaccine passports. This necessarily raises the question: who is more competent to understand, interpret, and protect our rights and freedoms—politicians or judges?

In striking down the Saskatchewan policy, the court seems to have assumed that all parents are somehow dangerous, abusive, and untrustworthy. The court believes that all parents should be kept in the dark when their own children embark on a dangerous and futile quest to become the opposite sex.

The court also assumes that the best way (or the only way) to help gender-confused children is to affirm any and all steps that a child may wish to take to adopt opposite-sex pronouns, names, clothing, etc.

This completely ignores the success achieved by Dr. Kenneth J. Zucker, who helped hundreds of children and teenagers to accept their biological sex while working for decades at Toronto’s Centre for Addiction and Mental Health as head of its Gender Identity Service. The vast majority of gender-confused children, when protected from political activists and ideologues and when supported by their parents, will be at peace with their sex by the time they reach the age of 18. Dr. Zucker saved these children from a lifetime of drugs and surgeries that would need to be administered in the futile quest to acquire a biological body of the opposite sex.

UR Pride claims that Saskatchewan’s new policy violates the rights of gender-diverse students under the Charter of Rights and Freedoms. But in fact, children do not enjoy privacy rights vis-à-vis their own parents. Because children are not adults, they legitimately have no right to drive, vote, get married, join the military, purchase liquor, get a tattoo, etc. Children are entitled to the love, support, guidance, and nurturing of their own parents. When parents are kept in the dark, they are severely hindered in providing these necessities. Claiming that children have adult rights is a perversion of the charter.

Placing great reliance on testimony from Dr. Travers, a Simon Fraser University sociology professor who uses “they/them” pronouns, the court appeared to embrace fear-mongering that children who are not “affirmed” in their “social transition” are at risk of suicide. This ignores a comprehensive Swedish study showing that “fully transitioned” transgender adults, after having had healthy body parts removed and new artificial ones created, have higher suicide rates than the general population.

The court considered irreparable harm to children only in relation to the very small number of children who might have truly abusive parents. Sadly, the court ignored the irreparable harm that is likely to result from keeping all parents in the dark, disregarding harm to children who are pressured, manipulated, and misinformed by political activists at school.

All in all, the court provided no compelling reason as to why or how it benefits children to keep all parents (not just the very small number of abusive ones) in the dark about their own children.

The Saskatchewan government should be applauded for using charter Section 33 to opt out of this court ruling.

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Energy

75 per cent of Canadians support the construction of new pipelines to the East Coast and British Columbia

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Support for pipeline projects among Canadians is up compared to last year, show the results of an MEI-Ipsos poll released this week.

“While there has always been a clear majority of Canadians supporting the development of new pipelines, it seems that the trade dispute has helped firm up this support,” says Gabriel Giguère, senior policy analyst at the MEI. “From coast to coast, Canadians appreciate the importance of the energy industry to our prosperity.”

Three-quarters of Canadians support constructing new pipelines to ports in Eastern Canada or British Columbia in order to diversify our export markets for oil and gas.

This proportion is 14 percentage points higher than it was last year, with the “strongly agree” category accounting for almost all of the increase.

For its part, Marinvest Energy’s natural gas pipeline and liquefaction plant project, in Quebec’s North Shore region, is supported by 67 per cent of Quebecers polled, who see it as a way to reduce European dependence on Russian natural gas.

Moreover, 54 per cent of Quebecers now say they support the development of the province’s own oil resources. This represents a six-point increase over last year.

“This year again, we see that this preconceived notion according to which Quebecers oppose energy development is false,” says Mr. Giguère. “Quebecers’ increased support for pipeline projects should signal to politicians that there is social acceptability, whatever certain lobby groups might think.”

It is also the case that seven in ten Canadians (71 per cent) think the approval process for major projects, including environmental assessments, is too long and should be reformed. In Quebec, 63 per cent are of this opinion.

The federal Bill C-5 and Quebec Bill 5 seem to respond to these concerns by trying to accelerate the approval of certain large projects selected by governments.

In July, the MEI recommended a revision of the assessment process in order to make it swift by default instead of creating a way to bypass it as Bill C-5 and Bill 5 do.

“Canadians understand that the burdensome assessment process undermines our prosperity and the creation of good, well-paid jobs,” says Mr. Giguère. “While the recent bills to accelerate projects of national interest are a step in the right direction, it would be better simply to reform the assessment process so that it works, rather than creating a workaround.”

A sample of 1,159 Canadians aged 18 and older were surveyed between November 27 and December 2, 2025. The results are accurate to within ± 3.5 percentage points, 19 times out of 20.

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espionage

Carney Floor Crossing Raises Counterintelligence Questions aimed at China, Former Senior Mountie Argues

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Michael Ma has recently attended events with Chinese consulate officials, leaders of a group called CTCCO, and the Toronto “Hongmen,” where diaspora community leaders and Chinese diplomats advocated Beijing’s push to subordinate Taiwan. These same entities have also appeared alongside Canadian politicians at a “Nanjing” memorial in Toronto.

By Garry Clement

Michael Ma’s meeting with consulate-linked officials proves no wrongdoing—but, Garry Clement writes, the timing and optics highlight vulnerabilities Canada still refuses to treat as a security issue.

I spent years in the Royal Canadian Mounted Police learning a simple rule. You assess risk based on capability, intent, and opportunity — not on hope or assumptions. When those three factors align, ignoring them is negligence.

That framework applies directly to Canada’s relationship with the People’s Republic of China — and to recent political events that deserve far more scrutiny than they have received.

Michael Ma’s crossover to the Liberal Party may be completely legitimate, although numerous observers have noted oddities in the timing, messaging, and execution surrounding Ma’s move, which brings Mark Carney within one seat of majority rule.

There is no evidence of wrongdoing.

But from a law enforcement and national security perspective, that is beside the point. Counterintelligence is not about proving guilt after the fact; it is about identifying vulnerabilities before damage is done — and about recognizing when a situation creates avoidable exposure in a known threat environment.

A constellation of ties and public appearances — reported by The Bureau and the National Post — has fueled questions about Ma’s China-facing judgment and vetting. Those reports describe his engagement with a Chinese-Canadian Conservative network that intervened in party leadership politics by urging Erin O’Toole to resign for his “anti-China” stance after 2021 and later calling for Pierre Poilievre’s ouster — while advancing Beijing-aligned framing on key Canada–China disputes.

The National Post has also reported that critics point to Ma’s pro-Beijing community endorsement during his campaign, and his appearance at a Toronto dinner for the Chinese Freemasons — where consular officials used the forum to promote Beijing’s “reunification” agenda for Taiwan. Ma reportedly offered greetings and praised the organization, but did not indicate support for annexation.

Open-source records also show that the same Toronto Chinese Freemasons and leaders Ma has met from a group called CTCCO sponsored and supported Ontario’s “Nanjing Massacre Commemorative Day” initiative (Bill 79) — a campaign celebrated in Chinese state and Party-aligned media, alongside public praise from PRC consular officials in Canada.

China Daily reported in 2018 that the Nanjing memorial was jointly sponsored by CTCCO and the Chinese Freemasons of Canada (Toronto), supported by more than $180,000 in community donations.

Photos show that PRC consular officials and Toronto politicians appeared at related Nanjing memorial ceremonies, including Zhao Wei, the alleged undercover Chinese intelligence agent later expelled from Canada after The Globe and Mail exposed Zhao’s alleged targeting of Conservative MP Michael Chong and his family in Hong Kong.

The fact that Michael Ma recently met with some of the controversial pro-Beijing community figures and organizations described above — including leaders from the Hongmen ecosystem and the CTCCO — does not prove any nefarious intent in either his Conservative candidacy or his decision to cross the floor to Mark Carney.

But it does demonstrate something Ottawa keeps avoiding: the PRC’s influence work is often conducted in plain sight, through community-facing institutions, elite access, and “normal” relationship networks — the very channels that create leverage, deniability, and political pressure over time.

Canada’s intelligence community has been clear.

The Canadian Security Intelligence Service has repeatedly identified the People’s Republic of China as the most active and persistent foreign interference threat facing Canada. These warnings are not abstract. They are rooted in investigations, human intelligence, and allied reporting shared across the Five Eyes intelligence alliance.

At the center of Beijing’s approach is the United Front Work Department — a Chinese Communist Party entity tasked with influencing foreign political systems, cultivating elites, and shaping narratives abroad. In policing terms, it functions as an influence and access network: operating legally where possible, covertly where necessary, and always in service of the Party’s strategic objectives.

What differentiates the People’s Republic of China from most foreign actors is legal compulsion.

Under China’s National Intelligence Law, Chinese citizens and organizations can be compelled to support state intelligence work and to keep that cooperation secret. In practical terms, that creates an inherent vulnerability for democratic societies: coercive leverage — applied through family, travel, business interests, community pressure, and fear.

This does not mean Chinese-Canadians are suspect.

Quite the opposite — many are targets of intimidation themselves. But it does mean the Chinese Communist Party has a mechanism to exert pressure in ways democratic states do not. Ignoring that fact is not tolerance; it is a failure to understand the threat environment.

In the RCMP, we were trained to recognize that foreign interference rarely announces itself. It operates through relationships, access, favors, timing, and silence. It does not require ideological agreement — only opportunity and leverage.

That is why transparency matters. When political figures engage with representatives of an authoritarian state known for interference operations, the burden is not on the public to “prove” concern is justified. The burden is on officials to explain why there is none — and to demonstrate that basic safeguards are in place.

Canada’s allies have already internalized this reality. Australia, the United States, and the United Kingdom have all publicly acknowledged and legislated against People’s Republic of China political interference. Their assessments mirror ours. Their conclusions are the same.

In the United States, the Linda Sun case — covered by The Bureau — illustrates, in the U.S. government’s telling, how United Front–style influence can be both deniable and effective: built through diaspora-facing proxies, insider access, and relationship networks that rarely look like classic espionage until the damage is done.

And this is not a niche concern.

Think tanks in both the United States and Canada — as well as allied research communities in the United Kingdom and Europe — have documented the scale and persistence of these political-influence ecosystems. Nicholas Eftimiades, an associate professor at Penn State and a former senior National Security Agency analyst, has estimated multiple hundreds of such entities are active in the United States. How many operate in Canada is the question Ottawa still refuses to treat with urgency — and, if an upcoming U.S. report is any indication, the answer may be staggering.

Canada’s hesitation to address United Front networks is not due to lack of information. It is due to lack of resolve.

From a law enforcement perspective, this is troubling. You do not wait for a successful compromise before tightening security. You act when the indicators are present — especially when your own intelligence agencies are sounding the alarm.

National security is not ideological. It is practical.

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