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LEGAL

Newswatch

by Marco den Ouden
March 1981


On January 27th the Supreme Court of Canada ruled that not even the police can invade someone's home without precise and express authority.

The case involved arose out of an incident three years ago. The city of Prince George wanted to demolish the home of Franz Colet, describing it as a shack and an eyesore.

Colet had warned the City that he would defend his property, and so the police came with a warrant to seize any weapons he might have. He was waiting for them.

Standing on the roof of his shack, he doused the policemen with gasoline when the attempted to climb a ladder to reach him. The gasoline was followed by lighted matches. Colet was arrested and charged with attempted murder.

In the trial, Justice S.M. Toy told the jury that the police were at law trespassers. They did not have a warrant to enter Colet's property and Colet had a right to use as much force as necessary to prevent anyone from entering his property without authority. The jury agreed and acquitted him.

But the Crown appealed and a new ruling was issued which declared that "criminal code legislation is in the public interest and the rights of the individual are secondary." A new trial was ordered.

The case was taken by Colet's lawyer to the Supreme Court of Canada, which agreed unanimously with Justice Toy.

Although justice was served in this case, we should remember that all levels of government in this country ultimately have enormous powers of seizing people's property. If government tyranny and arbitrary authority are ever to be abolished we cannot rely on government courts. They have a sorry record of protecting individual rights.


"Free Enterprise in Action"

Our "free enterprise" provincial party has recently committed the taxpayers of BC to a $500 million subsidy of two private coal companies and the Japanese steel industry.

Free Market Bill, leaning heavily on the Keynesian and very un-free market "multiplier effect", announced that the deal would be a boon to all British Columbians. The boon involves what amounts to at least a twenty-two year commitment to a project involving highly uncertain future market conditions before the "taxpayer" breaks even on "his" investment.

NDP critic Stu Leggatt put the case very bluntly: "The Japanese get the coal and we get the hole. There will be an increase of taxes for everyone in BC." Even Socred backbencher Jack Davis has protested that such a risky project should not be undertaken by government.

Well, why not? For the Socialist Credit Party "free enterprise" means government intervention in the economy.


Libertarians oppose restrictive immigration laws as a violation of the individual's liberty to move freely where he wants to. In fact, the Libertarian Party is the only party that favors the abolition of immigration laws.

Even the NDP, which often condemns groups that favor restricted immigration as racist, supports some restriction. But they, generally, have a more liberal view on immigration than most parties.

However, the NDP officially came forward with a racist amendment proposal to the new constitution. Their contingent to the special joint constitutional committee proposed an amendment that would have singled out Canada's northern native people for protection against large influxes of migration from the south.

Burnaby New Democrat Svend Robinson told the committee that his party considers aboriginal peoples' protection as a fundamental part of its policy. It seems that when white people oppose relaxed immigration to Canada they are racists, but when the migration of whites to Canada's north is opposed, it's aboriginal rights!


Recently there was a case before the BC Human Rights Commission of an atheist lad who wanted to join the Boy Scouts. He was denied permission to join when he declined to take the oath to "do his duty to God."

While one may sympathize with the boy, it must be recognized that any private organization like the Boy Scouts may establish whatever criteria for membership it chooses. If the Human Rights Commissions undertake to legislate on this, will we see the B'nai B'rith forced to accept Christians, or the Catholic Church forced to ordain Scientologists?

Be prepared!


Copyright © 1981 West Coast Libertarian. All Rights Reserved.