Connect with us

Opinion

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

Published

7 minute read

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.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

2025 Federal Election

Inside the Convoy Verdict with Trish Wood

Published on

From Trish Wood is Critical

Peaceful convoy — violent voters. They convicted the wrong people.

TAMARA LICH, CHRIS BARBER AND THE OTHER TRUCKERS INSPIRED THIS: POLICE AND PROTESTORS HUGGING AND SINGING OH CANADA. THE TRUDEAU GOVERNMENT WAS ALREADY SMEARING THEM AS DANGEROUS.

 

In April of 2025, one day after the conviction of Lich and Barber for leading a protest with no violence, our politicians and media finally got what they wanted — division, and citizens absolutely hating each other. Watch these videos if you can, over and over again until it sinks in. View the one above and then the one below and decide who is harming the country.

Two middle-aged women had an “elbows up” fisticuffs yesterday near the waiting-to see-Mark-Carney line before an event. As you might figure, I was not surprised and knew violence was coming — not from a terror group and not from truckers. They pit us against each other with the full collaboration of paid-for media. We are broken, brainwashed and angry. We do not understand why our friends, neighbours and family vehemently support ideas that we know will harm the country.

They think we are monsters. And so it goes. Watch and compare to the scene above. And think about who was convicted this week.

Click image to see video

Image

Our ideas can’t be discussed civilly and we must remain in our silos so as not to pose a threat to the elites — the way the Freedom Convoy did. This was Tamara and Chris’ mistake. They brought people together.

Liberals, and I would hazard all contemporary pols are not working to actually make our lives better. They seem to have their own agenda — even Trump whom I had some hope for.

Our lives get worse. They enrich themselves spending money overseas for wars we the people don’t want. And it seems they all walk away from “public service” with mucho brass in pocket.

The video of the fighting women shows the bread and circuses is now us. This ancient Roman idiom is defined as:

Bread and circuses” refers to pacifying people with food and entertainment to prevent them from taking action on civic duties.

During COVID-19, until January of 2022, they thought they had this modus operandi all locked-down. Canadians were compliant and some were even enjoying their marathons of garbage Netflix shows and soggy Door Dash deliveries. We were staying home, staying safe, getting fat and dependant on the government. Except the men and women who worked hard to keep the country running — like truckers. And those of us with a fully operative bullshit detector — you know, actual journalists.

There were many suicides, overdoses and other tragedies. Some of us allowed a sick parent to die alone. Our spiritual health declined and we closed off the part of our brain that safeguards our need for fellowship.

And then the Convoy happened and pulled back the curtain to reveal The Great and Mighty Oz manipulating the whole damn thing.

Yes, the Convoy’s presence in Ottawa was dangerous to the elites but not for the reasons they say. Of course it was disruptive for the citizens. Isn’t that what protests are supposed to be? But many forget that they were indirectly saving lives. I know it because people have told me.

The reason the Convoy had to be dramatically taken down and then punished for three years is because they reminded us – that we could push back and we were not alone. But when tyranny comes, united opposition must be crushed.

In the courtroom on Thursday, Justice Perkins-McVey went out of her way to speak highly of Tamara’s non-stop admonitions to the convoy that they stay peaceful, cooperate with police and put love at the top of their agenda. It was in almost every communication Tamara made to a big, burly group of mostly men who listened and then, even during the police violence were nearly Gandhi-like in their resistance. You can see it in the videos.

John Lennon would have been proud and in fact Imagine was played for the protestors who at one point sang along. But according to Judge Perkins-McVey, Lich’s commitment to keeping the peace will work only as mitigation during sentencing in a couple of weeks. She was found guilty of mischief in a definition so broad it includes everyone no matter what they actually did. I still can’t believe it.

The other revelation, I’m being sarcastic here, is that Chris Barber swears when he is talking to other truckers. I was uneasy that Perkins-McVey read out word-for-word an expletive-filled rant by an exhausted and frustrated Barber in which she herself repeated his words in the courtroom, F-bomb for F-bomb, making him sound like a crude, aggressive person. Which he is not. I could see he was embarrassed as his words were never meant for consumption in a setting like that.

It wasn’t necessary and to me, it felt like a swerve to appease the Crown. I have never heard Chris speak that way in front of civilians, even myself and I have been known to F-bomb in front of him on occasion – a kind of tacit permission that he has never accepted. In the heart of Ottawa, a city beset by gentility, it became clear in Courtroom Five that the subtext might be interpreted as — the crudeness of these working class protestors was an assault on the city’s good name and manners.

For all they did in Ottawa and for the country, Barber was reduced in that courtroom to an angry man who couldn’t control his potty-mouth. Talk about prejudicial. Maybe she was giving the defence a gift for the appeal. I hated it on a visceral level. This was not the kindly, thoughtful judge I had been observing through the course of the trial. How could she not know the affect she was having? Perhaps she did.

 

Ready for more?

 

Continue Reading

Carbon Tax

The book the carbon taxers don’t want you to read

Published on

By Franco Terrazzano

Prime Minister Mark Carney wrote a 500-page book praising carbon taxes.

Well, I just wrote a book smashing through the government’s carbon tax propaganda.

It tells the inside story of the fight against the carbon tax. And it’s THE book the carbon taxers don’t want you to read.

My book is called Axing the Tax: The Rise and Fall of Canada’s Carbon Tax.


 
Axing the Tax: The Rise and Fall of Canada’s Carbon Tax 

Every now and then, the underdog wins one.

And it looks like that’s happening in the fight against the carbon tax.

It’s not over yet, but support for the carbon tax is crumbling. Some politicians vow to scrap it. Others hide behind vague plans to repackage it. But virtually everyone recognizes support for the current carbon tax has collapsed.

It wasn’t always this way.

For about a decade now, powerful politicians, government bureaucrats, academics, media elites and even big business have been pushing carbon taxes on the people.

But most of the time, politicians never asked the people if they supported carbon taxes. In other words, carbon taxes, and the resulting higher gas prices and heating bills, were forced on us.

We were told it was good for us. We were told carbon taxes were inevitable. We were told politicians couldn’t win elections without carbon taxes, even though the politicians that imposed them didn’t openly run on them. We were told that we needed to pay carbon taxes if we wanted to leave a healthy environment for our kids and grandkids. We were told we needed to pay carbon taxes if we wanted to be respected in the international community.

In this decade-long fight, it would have been understandable if the people had given up and given in to these claims. It would have been easier to accept what the elites wanted and just pay the damn bill. But against all odds, ordinary Canadians didn’t give up.

Canadians knew you could care about the environment and oppose carbon taxes. Canadians saw what they were paying at the gas station and on their heating bills, and they knew they were worse off, regardless of how many politicians, bureaucrats, journalists and academics tried to convince them otherwise. Canadians didn’t need advanced degrees in economics, climate science or politics to understand they were being sold a false bill of goods.

Making it more expensive for a mom in Port Hope to get to work, or grandparents in Toronto to pay their heating bill, or a student in Coquitlam to afford food won’t reduce emissions in China, Russia, India or the United States. It just leaves these Canadians, and many like them, with less money to afford everything else.

Ordinary Canadians understood carbon taxes amount to little more than a way for governments to take more money from us and dictate how we should live our lives. Ordinary Canadians also saw through the unfairness of the carbon tax.

Many of the elites pushing the carbon tax—the media, politicians, taxpayer-funded professors, laptop activists and corporate lobbyists—were well off and wouldn’t feel the brunt of carbon taxes. After all, living in a downtown condo and clamouring for higher carbon taxes doesn’t require much gas, diesel or propane.

But running a business, working in a shop, getting kids to soccer and growing food on the farm does. These are the Canadians the political class forgot about when pushing carbon taxes. These are the Canadians who never gave up. These are the Canadians who took time out of their busy lives to sign petitions, organize and attend rallies, share posts on social media, email politicians and hand out bumper stickers.

Because of these Canadians, the carbon tax could soon be swept onto the ash heap of history. I wrote this book for two reasons.

The first is because these ordinary Canadians deserve it. They worked really hard for a really long time against the odds. When all the power brokers in government told them, “Do what we say—or pay,” they didn’t give up. They deserve to know the time and effort they spent fighting the carbon tax mattered. They deserve all the credit.

Thank you for everything you did.

The second reason I wrote this book is so people know the real story of the carbon tax. The carbon tax was bad from the start and we fought it from the start. By reading this book, you will get the real story about the carbon tax, a story you won’t find anywhere else.

This book is important because if the federal Liberals’ carbon tax is killed, the carbon taxers will try to lay blame for their defeat on Prime Minister Justin Trudeau. They will try to say that carbon taxes are a good idea, but Trudeau bungled the policy or wasn’t a good enough salesman. They will try to revive the carbon tax and once again make you pay more for gas, groceries, and home heating.

Just like with any failed five-year plan, there is a lingering whiff among the laptop class and the taxpayer-funded desk rulers that this was all a communication problem, that the ideal carbon tax hasn’t been tried yet. I can smell it outside my office building in Ottawa, where I write these words. We can’t let those embers smoulder and start a fire again.

This book shows why the carbon tax is and always will be bad policy for ordinary Canadians.

Franco’s note: You can pre-order a copy of my new book, Axing the Tax: The Rise and Fall of Canada’s Carbon Tax, here: https://www.amazon.ca/Axing-Tax-Rise-Canadas-Carbon

Continue Reading

Trending

X