Astute readers of this blog will note that its name is “Congress Shall Make No Law,” not “Parliament Shall Make No Law.” A story from Canada, however, teaches important lessons about how regulation can strangle basic human rights like the right to freely speak or peaceably assemble.
As described in the FrumForum, municipal regulations and enormous fines threatened to shut down the Liberty Summer Seminar, a libertarian Woodstock that takes place every summer on the farm of Peter Jaworski and his parents, Marta and Lech, in Ontario, Canada. Ironically, a peaceful gathering of freedom-minded folks from across North America faced extinction because municipal bureaucrats kept piling regulatory requirements on the hosts.
Enter the Canadian Constitution Foundation, a group which is bringing strategic litigation for liberty in Canada, particularly those rights enshrined in the Canadian Charter of Rights and Freedoms. The CCF argued to the Municipality of Clarington that its efforts to regulate the Liberty Summer Seminar into the ground violated the Charter’s guarantee of the “freedom of peaceful assembly.” As the FrumForum’s Tim Mak reports today, the Municipality has backed off and specifically recognized “their use of the property was purely for the purpose of a peaceful assembly and expressive activity.”
The CCF’s efforts represent a great victory for some wonderful people and demonstrate the emergence of a new and powerful voice for freedom in Canadian courtrooms. But we in America should not feel immune from this kind of overbearing government. When the government has the power to regulate so much of our daily lives, it should come as no surprise that it will use this power to burden our fundamental political rights, including the right to discuss what is wrong with the government. The ability of a municipality to use its sign code to stop protests of its eminent domain policies is precisely the issue my colleague Michael Bindas will be arguing on Wednesday, February 16, to the Eighth Circuit Court of Appeals in St. Louis.
The rights protected by the Canadian Charter and the U.S. Constitution require those, like the Jaworskis and IJ client Jim Roos, willing to stand up for freedom. It’s good to see that kind of courage on both sides of the 49th Parallel.