Path: news.eternal-september.org!eternal-september.org!.POSTED!not-for-mail
From: BTR1701 <atropos@mac.com>
Newsgroups: rec.arts.tv
Subject: Re: [OT] Judges discover constitutional rights to bike lanes and also drug use in homeless shelters
Date: Tue, 6 May 2025 19:06:02 -0000 (UTC)
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On May 6, 2025 at 11:56:13 AM PDT, "Rhino" <no_offline_contact@example.com>
wrote:

> On 2025-05-06 2:18 PM, moviePig wrote:
>>  On 5/6/2025 1:20 PM, BTR1701 wrote:
>>>  On May 6, 2025 at 9:43:26 AM PDT, "Rhino" 
>>>  <no_offline_contact@example.com>
>>>  wrote:
>>> 
>>>>  America is not the only country that has activist judges. We have them
>>>>  here in Canada too. Brian Lilley and Adam Zivo describe several cases of
>>>>  judicial activism and consider remedies like electing judges rather than
>>>>  appointing them as we currently do.
>>>> 
>>>>  https://www.youtube.com/watch?v=z7R4cVgqfZA [16 minutes]
>>> 
>>>  I misread this at first and thought you'd found an *American* judge 
>>>  ruling
>>>  that bike lanes are constitutionally protected. I was about to lose my 
>>>  shit.
>>  
>>  Is Canada's Constitution much more "liberal" than the U.S.'s?

The Canadian Charter isn't nearly as concerned with individual rights as the
American Constitution. I'll leave it to you as to whether that's more or less
liberal or not.

Regardless, however, the idea that bike lanes would be constitutionally
protected in America would have to be one of the most absurd legal takes I've
ever heard. Bikes weren't even invented until 1817 so there's no question the
Founders didn't intend for "freedom of biking" when they wrote the
Constitution. And regulation of traffic of any kind is squarely in the
jurisdiction of the state and local governments per the 10th Amendment. Which
is why I started hyperventilating when I mistakenly thought Rhino's article
was about the U.S. at first.
 
> Our equivalent to the US Constitution is the Charter of Rights and 
> Freedoms. Whether it is more liberal than the US's depends on how you 
> define "liberal". Overall, I would say it is considerably weaker in 
> terms of individual rights with more emphasis on "peace, order, and good 
> government" than a strong interest in "life, liberty and the pursuit of 
> happiness". We have nothing like the 2nd Amendment to protect gun 
> ownership and whatever rights we had have been dramatically eroded 
> during the past 10 years of Liberal governance.

You also have no 1st Amendment that hamstrings government attempts to punish
speech, so your right to free speech is limited to whatever 51% of the public
say it is at any given time.