Bill Versus Charter


Bill versus Charter

Published On: April 1, 2024Tags:

By Jane Scharf

We live in one of the finest, most modern democracies in the world that has taken centuries to develop. The parliamentary system that has evolved in our Constitution recognizes the people of Canada as sovereign. We have a powerful piece of legislation in the Canadian Bill of Rights (Bill) that helps protect this country from tyrannical infiltration, such as communism-globalism. It is essential to have strong legal rights legislation. For tyrannical infiltration to be successful, it is necessary to eliminate your legal rights and freedoms so the state can use the police and military to put you into a new political system without your consent.

The author of the Bill, former Prime Minister John Diefenbaker, understood that Canada was at risk of communism replacing our democratic Canadian political system. Diefenbaker told us that his proposed Bill would protect Canada from communism.

Although we have lost some ground democratically, thanks to legislation brought in by former Primer Minister Pierre Elliott Trudeau(1), such as the Charter of Rights and Freedoms, our human rights and fundamental freedoms are still intact because the Bill is still holding strong. Canadians are rapidly learning about the pitfalls of the Charter and turning to the Bill to defend against arbitrary fines and arrests, as well as wrongful dismissal based on vaccine passport requirements.

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This article examines some of the history of our human rights and fundamental freedoms eventually brought under the Bill and reviews the current communist-globalist attack on Canada escalated through the pandemic. I hope to help people understand their legal rights and the importance of asserting them to maintain our democracy.

Not to worry; we are holding the line and many brave Canadians have stepped up to defend our beloved country. So far, we are in the lead.

The method being used to undermine our democracy and replace it with communism-globalism is primarily to destabilize the country and demoralize the people. It comes straight out of the communist handbook(2). They are carrying out their plans subversively. In order to pull it off, they have to be able to legally get the police and military to act against the people, which is not permitted now under Canadian law. One technique they use is trauma-based mind control called psychological operations (psyops), which is done through infiltration of our government and main institutions, including schools, mainstream press, social media, and our protest movements.

There have been thousands of Bill wins regarding Covid-19-related charges. For example, Dave Freedom, who was criminally charged for protesting his charges, had them dropped in his challenge by using the freedom of speech and assembly portion of the Bill. We have more wins(3) for charges related to Covid, the Freedom Convoy, and Rolling Thunder on the record.

An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms

In reading the Bill(4), the preamble indicates that the State is recognizing and protecting human rights and fundamental freedoms, i.e., God-given by virtue of being human. The State is committing to protect these rights. Note that this Act obligates the State, including the King, and puts no obligations on the citizens of Canada.

Part 1-1 of the Bill lays out those rights and freedoms recognized and protected by the government. It is the “Rule of Law” that individuals have a right to equal benefit and protection under the law. It protects the right to life, liberty, security of person, and enjoyment of property. It protects the freedoms of religion, speech, the press, and of assembly and association. It also guarantees legal rights, such as the rights to counsel and a fair hearing.

Part 1-2 indicates the only way the Bill can be changed. Rights in the Bill are protected in Common Law, so they cannot be removed by legislation. For example, with the case(5) of Alford v. Canada 2022. The bottom line is that the rights and freedoms cannot be abridged unless there is due process of law, which is a judicial decision calling for it, and an Act of Federal Parliament to pass the reduction of rights into law. This is very difficult and unlikely to happen because judges are required to respect established Common Law rights. And to date, no rights have been removed, nor has there been any attempt to do so, since the Bill was passed in 1960. Conversely, with the Charter, they can just bang out bylaws that violate all your rights under section 1 and leave it up to you to go to Court and challenge the reasonableness of the violations.

The best thing about the Bill is that you can cite it anywhere the government including police or private persons are enforcing Covid-19 measures with sanctions. The Bill applies in all cases where force is used because this is federally regulated activity (Criminal Code of Canada) when they are using force. And the Bill can be cited without notice in all proceedings related to Covid-19 measures where force is used. This includes bylaw tickets, criminal charges, and Section 22 closures of churches or businesses.

The Bill was presented to the federal parliament in Canada by John Diefenbaker and passed into law in 1960. The Bill was an attempt to codify all your Common Law rights that back the Bill up when used in formal proceedings. When you use the Bill, you do not have to argue whether there was a good enough reason your rights were violated. To seek a remedy, you only have to show your rights were violated.

Diefenbaker was concerned about keeping communism out of Canada and the Bill was the tool he believed would work to do the job. Here is a famous quote by Diefenbaker that he made when the Bill passed:

“I am a Canadian, free to speak without fear, free to worship GOD in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.”

― John G. Diefenbaker


The Charter of Rights and Freedoms opening statement:

“Section 1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

Right out of the gate, unlike the Bill that recognizes your God given “human” rights, the Charter merely guarantees the “rights” laid out in the Charter. These are government-issued rights that can be and are currently being taken away easily without court or parliamentary approval under the Covid-19 bylaws. And it eliminates the preamble from the Bill that talks about free individuals and free institutions and the importance of family. This was not an accident. This omission is to help us move towards communism where humans are not free, institutions are not free, and the family has little or no importance. And it has eliminated the right to enjoy property (this is also a communist purpose as land rights interfere with their aim to control all land use) and the right to equality before the law and protection from the law (also important to establish communism).

We will start with a description of what happens in a Charter Challenge. In the Charter, the rights (note not human rights) are said to be guaranteed. Look up the guarantee; it allows conditions. And that condition is the State can set limits on your rights without going to court or passing an Act through parliament. They merely have to claim, not prove, that they have justifiable reason such as they have done with the Covid-19 measures, which violate all your rights. These Covid-19 measures violate all your fundamental rights. And to try and get them back, you must go to Court.

There are many problems with the Charter Challenge approach of fighting Covid-19 measures

Your right to life, liberty, security of persons, enjoyment of property, the right not to be deprived thereof except by due process of law (Common Law), the right to be treated equally by the law and protected equally by the law, freedom of religion, speech, assembly, association, and press are all violated with the Covid-19 measures.

If you use the Charter, there will be the problems and impediments you face in trying to get your rights back.

Section 1 is sometimes called the Mack Truck clause because it is a big enough loop hole for a Mack Truck to drive through. This section limits any and all your rights and freedoms without court approval or public debate in advance. Charter Challenge is the only recourse, which is lengthy, complicated, and expensive. Section 24 even gives the judge enough authority to override your Common Law rights.


We recommend that you get involved and engage to protect our democracy. We need to oppose the communist agenda by maintaining our rights and freedoms as sovereign people. In a communist state, the rights of the people are subject to the whims of the state and the state’s interests override the rights and freedoms of the people. In other words, that is a country where the state is sovereign, not the people.

  1. Anyone who tells you that Canada is already a communist country, and all our police are fascist needs to be corrected. This is part of the demoralization process, and we have people embedded in the movement by communists to try and convince us we have already lost our rights because we are now a communist country.
  2. Do not be fooled by people who tell you that all the police, courts, and government are corrupt. We are infiltrated, but there are many patriotic police, court, and government officials. Support these people. For example, pay attention to the fact the Senate is investigating Trudeau’s illegal imposition of the Emergencies Act. They need our support. Send them affidavits with information that you saw that the Truckers Convoy 2022 was legal and peaceful. There was always one lane and all intersections open at all times. The gathering was not threatening or violent. Also, send them footage of the protest, if you have it. You can see Q and A on the Emergencies Act and a Confirmation of Truckers Peaceful Assembly at the top of the page at under Brian Derksen’s continued truckers action.
  3. Pass the word about the power of the Bill to keep communism out of Canada.
  4. Anyone using the Charter needs to be told about its loopholes and why they are dangerous.
  5. Get up to snuff on the Emergencies Act. Check out paragraph 3 of Parts 3 and 6 and you will see that Trudeau did not bring this Act in legally. He was not to violate our rights and he did. He was to have a good reason under Part 3 and he did not. And he was to seek permission under Part 6 from the entire federal cabinet in Parliament before invoking the EA and he did do not this. This is important to understand so we can hold him accountable and stop him from rights violations in the future. Demand that Trudeau be charged with Treason under section 46 2(a) of the Criminal Code.
  6. You can make phone calls to your MPP, Senator, and the Police.
  7. And above all, remember Canada is a democratic country, so the people are sovereign, not the Prime Minister. We have natural God-given rights that are protected in legislation, such as the Canadian Bill of Rights, that the government and the Monarchy are subject to. Learn them and how to assert them.


  1. Article 1968 on PET:

Jane Scharf is a social activist.
Originally published at