Opinion
John Carpay: Claiming That Children Have Adult Rights Is a Perversion of the Canadian Charter
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.
Daily Caller
‘You Have No Idea What You Have Unleashed’: Erika Kirk Addresses Supporters For First Time Since Kirk’s Assassination
From the Daily Caller News Foundation
By Hailey Gomez
Erika Kirk, the widow of Turning Point USA founder Charlie Kirk, addressed supporters Friday evening for the first time since her husband’s assassination, saying that her late husband’s movement will “never surrender.”
Kirk, 31, was shot and killed Wednesday while debating students at Utah Valley University in Orem, Utah. Speaking for the first time since the fatal attack, Erika Kirk thanked those who have supported her and her late husband, including both President Donald Trump and Vice President JD Vance, as well as other officials.
“I honestly have no idea what any of this means. I know that God does, but I don’t. But Charlie, baby, I know you do too. So does our Lord. And our world is filled with evil, but our God, you guys, our God is so good, so incredibly good. And we know that for those who love God, all things work together for good, for those who are called according to his purpose,” Erika said. “Already, I have seen the worldwide outpouring of love for my husband. I’ve heard the testimonies from people my husband inspired to get married, to start families, to seek out a relationship with God. It’s the most important, most important one of all.”
“The evildoers responsible for my husband’s assassination have no idea what they have done. They killed Charlie because he preached a message of patriotism, faith, and of God’s merciful love. They should all know this,” Erika added. “If you thought that my husband’s mission was powerful before, you have no idea. You have no idea what you just have unleashed across this entire country and this world. You have no idea. You have no idea the fire that you have ignited within this wife. The cries of this widow will echo around the world like a battle cry.”
Kirk, who regularly spoke at college campuses to debate students on their political beliefs, made his latest stop in Utah, with videos online showing the campus packed with attendees. About 20 minutes into speaking with students, a shot rang out through the crowd, hitting Kirk.
WATCH:
Security rushed the TPUSA founder to the hospital, where he was initially reported to be in stable condition but ultimately succumbed to his injuries.
After a nearly two-day manhunt, authorities announced Friday that Kirk’s suspected killer 22-year-old Tyler Robinson was officially arrested after a family friend reported Robinson to authorities Thursday evening.
Officials said bullet casings from the rifle that was used contained a series of phrases such as “Hey fascist! Catch!” and “If you read this you are gay LMAO.” A third bullet casing also had the engraving of ““bella ciao,” which matches an Italian song name that became a left-wing anthem during World War II.
Erika Kirk went on to say that she refuses to let the movement of TPUSA “die,” adding she will make sure it becomes “stronger, bolder, louder, and greater than ever.”
“And I love knowing that one of his, one of his mottos was never surrender. So I want to tell you that, that we’ll never surrender. We never will. Ever. Our campus tour this fall will continue. There will be even more tours in the years to come. America Fest here in Phoenix this December will go on. It will be greater than ever. The radio and podcast show that he was so proud of will go on,” Erika said. “And in a world filled with chaos, doubt, and uncertainty, my husband’s voice will remain. And it will ring out louder and more clearly than ever. And his wisdom will endure.”
“My favorite, my favorite too, but my husband’s favorite word in the English language was earn. He would call all of you to be people of action who earn the future America deserves. So to all of the young people who felt inspired by my husband’s faith and hard work, all of you already know what Charlie would want you to do,” Erika said.
Kirk’s wife told supporters to continue their on-campus involvement, attend the upcoming TPUSA events, and “most important of all,” get involved in a “Bible believing church.”
“Our battle is not simply a political one. Above all, it is spiritual. It is spiritual. The spiritual warfare is palpable,” Erika added.
WATCH:
Before ending, Erika Kirk recalled how her daughter asked where Kirk had been, telling her that he’s now “on a work trip with Jesus so he can afford your blueberry budget.” She then thanked supporters once again, adding, “God bless you all, and God bless America.”
Since Kirk’s death, supporters, political figures and friends have spoken out, while some Democrats have openly cheered the loss of the TPUSA founder. Vance shared on X late Wednesday how Kirk had impacted life, recalling their friendship beginning in 2017.
Trump also expressed grief, writing on Truth Social that no one “understood or had the Heart of the Youth in the United States of America better than Charlie.” By Thursday, Trump announced he would award Kirk the Presidential Medal of Freedom posthumously.
“Charlie was a giant of his generation, a champion of liberty and an inspiration to millions and millions of people. Our prayers are with his wonderful wife Erika and his beautiful children. Fantastic people they are,” Trump said. “We miss him greatly. I have no doubt that Charlie’s voice and the courage he put into the hearts of countless people, especially young people, will live on.”
Crime
Former NYPD Inspector Shares What Family Of Alleged Charlie Kirk Assassin Feared Before Turning Him In
From the Daily Caller News Foundation
Authorities identified the suspected shooter in Kirk’s assassination as 22-year-old Tyler Robinson, after a family friend tipped off law enforcement Thursday evening. In an appearance on “Kudlow,” Mauro laid out what he called the timeline of the suspect’s escape and subsequent surrender.
“By the end of 9-11, the father has called a retired U.S. Marshal. This town down south, St. George, has a lot of retirees. It’s kind of a retirement community. He knew this guy. He calls that guy and tells him, ‘My son is the perpetrator,’” Mauro told Larry Kudlow. “Unclear if the son had admitted it or not. But apparently what was going on is that the family was concerned that if they didn’t turn him in, somebody else was going to, and it was a fear that they could be, as the police call it, a kinetic entry.”
Mauro said the family of the alleged Kirk assassin feared a violent confrontation if authorities discovered his location first, prompting them to arrange a peaceful surrender.
WATCH:
“That is to say, the cops come booming the doors, taking them in a rougher way, and maybe something goes sideways. The kid could get hurt or worse. So they wanted to prevent that. The family wanted to make sure that this was done orderly. They knew that the gig was up and that he was going to get arrested. They then went with either this second person, the retiree, or a minister. And a minister in Latter-day Saints is different from ministers that you and I think about.”
Mauro said the suspect’s family bypassed traditional law enforcement channels and brought him directly to the Washington County Jail.
“It’s a much more immediate relationship. Some sort of crew like this went to the sheriff’s office. And that’s why he was in the custody of the Washington County Sheriff’s Office. That’s a jail. They run the jails,” Mauro said. “They went right to the jail, gave them up to the Washington County Sheriff. There must have been some connection there. Somebody knew somebody. They took him in. The sheriff notifies the task force, and you know the rest.”
Authorities say Robinson fatally shot Kirk as he spoke to students at Utah Valley University. After recognizing his son in photos released by investigators, Robinson’s father confronted the 22-year-old and alerted law enforcement, according to sources cited by the New York Post.
Robinson reportedly told his father he’d rather take his own life than surrender, according to the outlet. His father urged him to speak with their youth pastor, who happened to be affiliated with the U.S. Marshals fugitive task force.
Republican Utah Gov. Spencer Cox said Friday that investigators discovered taunting and vulgar phrases etched onto the shell casings used in the shooting such as “Hey fascist! Catch!” and “If you read this you are gay LMAO.” Another inscription referenced “bella ciao,” a wartime Italian folk song later adopted by leftist resistance movements, according to George Mason University.
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