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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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Agriculture

Liberal win puts Canada’s farmers and food supply at risk

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This article supplied by Troy Media.

By Sylvain Charlebois 

A fourth Liberal term means higher carbon taxes and trade risks. Could Canada’s farmers and food security be on the line?

The Liberal Party, now led by Mark Carney, has secured a fourth consecutive term, albeit once again with a minority mandate. This time, however, the Liberals have a stronger hand, as they can rely not only on the NDP but also the Bloc Québécois to maintain power.

This broader base of parliamentary support could provide much-needed political stability at a crucial time, particularly as Canada prepares for a new round of trade negotiations with the United States and Mexico.

For the agri-food sector, the implications are significant. From carbon taxes to trade rules, federal decisions play a decisive role in shaping the costs and risks Canadian farmers face.

First and foremost, carbon pricing will remain a central issue. Carney has made it clear that the industrial carbon tax will stay—a policy that continues to erode the competitiveness of Canada’s agri-food sector, where fuel, fertilizer and transportation costs are especially sensitive to carbon pricing. The tax, currently set at $95 per metric tonne, is scheduled to climb to $170 by 2030.

While consumers may not see this tax directly, businesses certainly do. More concerning is the Liberals’ intention to introduce a border carbon adjustment for imports from countries without equivalent carbon pricing regimes. While this could theoretically protect Canadian industry, it also risks making food even more expensive for Canadian consumers, particularly if the U.S., our largest trading partner, remains uninterested in adopting similar carbon measures. Acting alone risks undermining both our food security and our global competitiveness.

Another looming issue is supply management. Although all parties pledged during the campaign not to alter Canada’s system for dairy, poultry and eggs, this framework—built on quotas and high import tariffs—is increasingly outdated. It is almost certain to come under pressure during trade negotiations. The American dairy lobby, in particular, will continue to demand greater access to Canadian markets. The Liberals have a chance to chart a more forward-looking path. Modernizing supply management could lead to a more competitive, resilient industry while providing consumers with greater choice and better prices.

The previous Parliament’s passage of Bill C-282, which sought to shield supply managed sectors from all future trade negotiations, was a deeply flawed move.

Fortunately, the new parliamentary makeup should make it far less likely that such protectionist legislation will survive. A more pragmatic approach to trade policy appears possible.

On the domestic front, there are reasons for cautious optimism. The Liberals have promised to eliminate remaining federal barriers to interprovincial trade and to improve labour mobility, longstanding obstacles to the efficient movement of agri-food products across Canada. For example, differing provincial rules often prevent products like cheese, meat or wine from being sold freely across provinces, frustrating farmers and limiting consumer choice. Momentum was building before the election, and it must continue if we are serious about building a stronger domestic food economy.

Infrastructure investment is another bright spot. The Liberals pledged more than $5 billion through a Trade Diversification Corridor Fund to upgrade Canada’s severely undercapitalized export infrastructure. Strategic investment in trade gateways is overdue and critical for agri-food exporters looking to reduce reliance on the United States and expand into global markets.

Finally, the Liberal platform was alone in explicitly committing to support food processing in Canada, a crucial pillar of domestic food security. An increased focus on manufacturing will not only create jobs but also reduce reliance on imported food products, making Canada more resilient in the face of global disruptions.

Farmers have long felt sidelined by urban-centric Liberal governments. The past four years were marked by regulatory and trade clashes that deepened that divide. The hope now is that with greater political stability and a clearer focus on  competitiveness, the next four years will bring a more constructive relationship between Ottawa and Canada’s agri-food sector.

If the Liberals are serious about food security and economic growth, now is the time to reset the relationship with Canada’s farmers, not ignore them yet again.

Dr. Sylvain Charlebois is a Canadian professor and researcher in food distribution and policy. He is senior director of the Agri-Food Analytics Lab at Dalhousie University and co-host of The Food Professor Podcast. He is frequently cited in the media for his insights on food prices, agricultural trends, and the global food supply chain.

Troy Media empowers Canadian community news outlets by providing independent, insightful analysis and commentary. Our mission is to support local media in helping Canadians stay informed and engaged by delivering reliable content that strengthens community connections and deepens understanding across the country.

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Frontier Centre for Public Policy

Trust but verify: Why COVID-19 And Kamloops Claims Demand Scientific Scrutiny

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From the Frontier Centre for Public Policy

By Rodney Clifton

Senior Fellow Rodney Clifton calls for renewed scientific scrutiny of two major Canadian narratives: COVID-19 policies and the Kamloops residential school claims. He argues that both bypassed rigorous, evidence-based evaluation, favouring politicized consensus. Critics of pandemic measures, like Dr. Jay Bhattacharya, were wrongly dismissed despite valid concerns. Similarly, the unverified mass grave claims in Kamloops were accepted without forensic proof. Clifton urges a return to the scientific principle of “trust but verify” to safeguard truth, public policy, and democracy.

COVID-19 and Kamloops claims dodged scrutiny – but the truth is catching up

Do we know the best way to decide if specific empirical claims are true?

Of course we do. The best way is by using the procedures of science.

Scientists critically examine the arguments and evidence in research studies to find weaknesses and fallacies. If there are no weaknesses or fallacies, the evidence enters the realm of science. But if there are weaknesses, the research has low or zero credibility, and the evidence does not become a building block of science.

In a historical context, seemingly good evidence may not remain as science because claims are continually evaluated by researchers. This scientific process is not failsafe, but it is far better than other procedures for determining the truth of empirical claims.

This powerful principle is often called “trust but verify,” and it is the idea behind the replication of scientific results.

Today, many such truth claims demand critical examination. At least two come readily to mind.

The first is the claim that the COVID-19 procedures and vaccines were safe and effective.

It is now abundantly clear that the procedures used during the COVID-19 pandemic bypassed time tested scientific protocols. Instead of open scientific debate and rigorous testing, government appointed “scientists” endorsed government-approved narratives. Canadians were told to social distance, wear masks and, most importantly, get vaccinated—often without transparent discussion of the evidence or risks.

Those who questioned the procedures, vaccines or official explanations were dismissed as “deniers” and, in some cases, ridiculed. Perhaps the most notable example is Dr. Jay Bhattacharya, the Stanford epidemiologist and economist who co-authored the Great Barrington Declaration. Despite being vilified during the pandemic, Dr. Bhattacharya is now the head of the U.S. National Institute of Health.

Five years after the pandemic began, it is clear that Dr. Bhattacharya—and many other so-called deniers—were raising legitimate concerns. Contrary to the portrayal of these scientists as conspiracy theorists or extremists, they were doing exactly what good scientists should do: trusting but verifying empirical claims. Their skepticism was warranted, particularly regarding both the severity of the virus and the safety and effectiveness of the vaccines.

The second claim concerns the allegation that Indigenous children died or were murdered and buried in unmarked graves at the Kamloops Residential School.

In 2021, the Kamloops Indigenous Band claimed that 215 children’s bodies had been discovered in the schoolyard. The legacy media swiftly labelled anyone who questioned the claim as a “denier.” Despite millions of dollars allocated for excavations, no bodies have been exhumed. Meanwhile, other bands have made similar claims, likely encouraged by federal government incentives tied to funding.

To date, this claim has not faced normal scientific scrutiny. The debate remains lopsided, with one side citing the memories of unnamed elders—referred to as “knowledge-keepers”—while the other side calls for forensic evidence before accepting the claim.

The allegation of mass graves was not only embraced by the media but also by Parliament. Members of the House of Commons passed a motion by NDP MP Leah Gazan declaring that Indigenous children were subjected to genocide in residential schools. Disturbingly, this motion passed without any demand for forensic or corroborating evidence.

Truth claims must always be open to scrutiny. Those who challenge prevailing narratives should not be disparaged but rather respected, even if they are later proven wrong, because they are upholding the essential principle of science. It is time to reaffirm the vital importance of verifying evidence to resolve empirical questions.

We still need a robust debate about COVID-19 procedures, the virus itself, the vaccines and the claims of mass graves at residential schools. More broadly, we need open, evidence-based debates on many pressing empirical claims. Preserving our democracy and creating sound public policy depend on it because verifiable evidence is the cornerstone of decision-making that serves all Canadians.

Rodney A. Clifton is a professor emeritus at the University of Manitoba and a senior fellow at the Frontier Centre for Public Policy. Along with Mark DeWolf, he is the editor of From Truth Comes Reconciliation: An Assessment of the Truth and Reconciliation Commission Report, which can be ordered from Amazon.ca or the Frontier Centre for Public Policy.

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