{"id":13614,"date":"2015-10-20T08:15:54","date_gmt":"2015-10-20T13:15:54","guid":{"rendered":"http:\/\/olduvai.ca\/?p=13614"},"modified":"2015-10-20T08:15:54","modified_gmt":"2015-10-20T13:15:54","slug":"the-charter-is-a-reactionary-document","status":"publish","type":"post","link":"https:\/\/olduvai.ca\/?p=13614","title":{"rendered":"The Charter is a Reactionary Document"},"content":{"rendered":"

The Charter is a Reactionary Document<\/a><\/span><\/h3>\n

The\u00a0Canadian Charter of Rights and Freedoms\u00a0<\/i>is sacrosanct in many circles, particularly among those who consider themselves \u201cliberal.\u201d Yet there is nothing \u201cliberal\u2019 in the classic, traditional sense of a code of laws claiming to be the supreme law of the land.<\/p>\n

The history of liberalism denounces the idea that an individual\u2019s rights come from a piece of paper created by the state. The whole point of liberalism is to be as anti-state as humanly possible. Thanks to the great work of Ludwig von Mises and Murray Rothbard, it\u2019s now conceivable how obvious anarchy is.<\/p>\n

The history of Britain, Canada and the United States are extraordinary because these countries have been based on customary traditions and a unifying thread of common-law. It is only when governments started codifying common-law into legislation that problems arose and thus prompted governments to act further \u2013 to remedy a problem they themselves created.<\/p>\n

In Canada, the\u00a0Charter\u00a0<\/i>of Rights and Freedoms<\/i>\u00a0<\/i>was that remedy, but it was, and still is, the incorrect treatment.<\/p>\n

Liberty and peaceful social order lay in the decentralized, heterogeneous law-making of precedent-setting common law (or any law based on voluntary human action).<\/p>\n

That is, law that arises from actual conflicts will settle conflicts. Common-law arose from real conflicts and were non-political ways of resolving these conflicts.<\/p>\n

Code law, on the other hand, is self-defeating.<\/p>\n

Canadians assume that before the\u00a0Charter,\u00a0<\/i>they had no rights or freedoms, but this simply isn\u2019t true.<\/p>\n

Canadians lived in a \u2013 relatively \u2013 free and prosperous society long before 1982. There were problems with the practice of parliamentary sovereignty, but prior to the state\u2019s appropriation of basic rights and freedoms via the\u00a0Charter,<\/i>\u00a0Canadians were by default free.<\/p>\n

It was in the British liberty tradition that Prime Minister Wilfrid Laurier declared, \u201cCanada is free and freedom is its nationality.\u201d<\/p>\n

…click on the above link to read the rest of the article…<\/p>\n","protected":false},"excerpt":{"rendered":"

The Charter is a Reactionary Document The\u00a0Canadian Charter of Rights and Freedoms\u00a0is sacrosanct in many circles, particularly among those who consider themselves \u201cliberal.\u201d Yet there is nothing \u201cliberal\u2019 in the classic, traditional sense of a code of laws claiming to be the supreme law of the land. The history of liberalism denounces the idea that […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[6],"tags":[2216,93,103,6888,10019,483,6058,7200,10018,827],"class_list":["post-13614","post","type-post","status-publish","format-standard","hentry","category-liberty","tag-anarchy","tag-britain","tag-canada","tag-canadian-charter-of-rights-and-freedoms","tag-common-law","tag-liberty-2","tag-mises","tag-mises-canada","tag-rothbard","tag-united-states"],"_links":{"self":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/13614","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13614"}],"version-history":[{"count":1,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/13614\/revisions"}],"predecessor-version":[{"id":13615,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/13614\/revisions\/13615"}],"wp:attachment":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13614"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}