Brian Peckford – Last Living Architect of Canada’s Charter of Rights – Stands Up!

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Brian Peckford, former premier of Newfoundland and the last surviving architect of the Canadian Charter of Rights and Freedoms, has been speaking out against the abuse and illegal use of Section 1 of the Charter by governments.

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We’re not going to allow this Nation on the Northern Part of North America to go down the drain because we have people who’ve gotten hungry for power. And have discarded the individual freedoms that you and I “own”. They are ours, there’s no two of us the same. That’s why these rights are so important, because it’s you as a person. You as an individual. Not you as a family, not you as a group, okay, not you as part of some other organization, not you as part of a province. It’s you as an individual Canadian. Possess these rights. That’s what’s important.

“We had to take PM, Pierre Trudeau, to Court when creating the Charter”

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Dec 28, 2021 – Brian Peckford is a Canadian politician who served as the third premier of Newfoundland and Co-Authored the Canadian Charter of Rights in 1981. In this presentation, he explains how the Canadian Charter of Rights came to be, how it was negotiated over 17 months, and the problems that occurred where they ended up having to go to court against the Prime Minister at the time, Pierre Trudeau.

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‘Section 1 of Charter Being ‘Illegally’ Used by Governments.

‘Let us declare to the world today that we have a right to be right here. Let us declare to the world and to the prime minister and all the premiers of Canada that we have rights and freedoms that they cannot take away from us.”

Part Transcript : Feb 12 2022

The following is a speech delivered by Brian Peckford, former premier of Newfoundland and the last surviving architect of the Canadian Charter of Rights and Freedoms, at the Freedom Convoy rally in Ottawa on Feb. 12, 2022. Read Full Speech

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‘Let us declare to the world today that we have a right to be right here. Let us declare to the world and to the prime minister and all the premiers of Canada that we have rights and freedoms that they cannot take away from us.

In 399 BC, Socrates stood before his accusers defending his right to free expression, which happens to be in our charter. In first century BC, Cicero stood before the Senate in Rome to defend the rights of the Roman citizens. In 1215, the nobles and the commoners stood and told the monarchy, ‘We must have our individual rights and freedoms.’ The American colonists [in] 1776 fought for the freedoms to be an independent nation. And then the French Revolution of 1789, where the peasants of France, who lost later, were trying to defend their rights as individuals to have rights and freedoms. And here we are today, after that quick history where people were trying to establish their rights, we find ourselves trying to defend the rights that we have. 

After 2,000, 3,000 years of people getting the rights, we’re now forced to try to defend to keep our rights. How ironic history is to us. How ironic history is to us.

Just down the road here in the Château Laurier, in 1981 I made a proposal to the provinces for a charter rights and freedoms and a patriation act. It was the one that was ratified, ratified the next day, to become the Constitution Act of 1982, in which your rights as individual Canadians were protected.

Brian Peckford

Section 1 is being used illegally by the governments of Canada.

Section 1 was to be only used in war, insurrection, or the threat or peril of the state. It wasn’t to be used to try to combat a virus for which 99 percent recover and a less than 1 percent fatality rate. That’s not a threat to the state.

Even in a war situation, it would have to pass four tests before they can override it demonstrably justify what you’re doing—not just justify it, demonstrably justify it; it has to be done by law; it has to be done within reasonable limits; and it has to be done in the context of a free and democratic society. They have not met any of those four tests.

Your Charter of Rights and Freedoms are not in the bill of the federal Parliament. It’s not in a bill of any provincial legislature. It’s in the Constitution—the holy grail of any decent democracy. A constitution means permanent values, things that cannot be changed overnight to suit the whims of a politician. These are permanent values.

It is a sad day indeed when I have to stand alone on this stage, as a former politician, to defend our rights and freedoms. I’m here for a number of reasons. I’m here because of my own right and because I believe in what I say.

I’m here also to represent those politicians who I know would be on this stage if they were alive. Peter Lougheed would be on the stage with me today. Allan Blakeney would be on the stage here with me today. Bill Bennett would be here on the stage with me today. And the man in Prince Edward Island whose name you don’t know, but whose person I shall never forget, a man by the name of Angus MacLean. He was a decent Prince Edward Islander, a fantastic Canadian, and he would be standing on the stage here with me today to defend the charter that he helped create with me and others.

So I’m here for those people. But I’m here most of all, I’m here most of all, to defend what I thought was impossible to override. I’m here to defend the rights of you, and every single individual Canadian, because it’s so important for our democracy.

This is our first big test as a democracy. This is our first big test of the Charter of Rights and Freedoms. Are we gonna stand tall for the charter after 114 years? Are we gonna relinquish our charter rights? We will stand tall. Freedom! Freedom!

It’s very sad today that some of the former politicians, all of the first ministers, have passed away, but there were a lot of people at that 1982 conference who are still alive. Former ministers, provincial ministers and federal ministers, former bureaucrats, deputy ministers, university scholars and the like. Where are they?

I didn’t realize until recently that we’re always only—even in the best of times—a heartbeat away from tyranny, that democracy is one of the most fragile concepts in the world. 

That’s why most of the world doesn’t have democracy. It’s a tough, tough thing to sustain. You can create it, but sustaining it, it’s very, very difficult. We see that now today. We see that now today in spades. And we’re going to say, democracy may be fragile, but we shall defend it. Remember what Ronald Reagan said, “Mr. Gorbachev, tear down that wall.”  Mr. Trudeau, tear down those mandates. Mr. Ford, take away that emergency order. 

All the premiers of Canada and all the first ministers, stand up for your country, stand up for freedom, stand up for liberty. What has happened to you? You have succumbed to the corporate world and to power-hungry politics and forgot your nation and your liberty and your freedom. But we’re gonna hold you to account.

Every day, … since I launched my own personal lawsuit against the government, everybody always says it’s easy to talk the talk, how about walking the walk? We’re going to walk the walk.

Every day I get hundreds and hundreds of emails from Canadians all across the country. And many of them are heart-rending where people have lost jobs. Divorced mothers of two or three kids, she’s a professional and suddenly she’s told she doesn’t have a job. I have veterans who cried to me about what they tried to defend in 1940 and ’41 and ’42 during the Second World War. I have immigrants who said we came here 40 years ago for freedom and now we smell it escaping us, fading away.

We shall overcome, we shall overcome some day. Oh deep in my heart, I do believe, we shall overcome one day.

All the best. Long live Canada! 

Thank you for being a part of this.

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Penny (

Truth-seeker, ever-questioning, ever-learning, ever-researching, ever delving further and deeper, ever trying to 'figure it out'. This site is a legacy of sorts, a place to collect thoughts, notes, book summaries, & random points of interests.