Monday, July 8, 2019

Canadian govt to fund defence of Smuggler’s Inn owner

The Surrey Now Leader is reporting that "A U.S. inn owner facing charges in Canada relating to human smuggling has had an application to have his defence funded by the Canadian government granted." This is obviously about the Charter Right to legal representation.

David MacAlister, director of Simon Fraser University’s school of criminology said “The rights that we have in the charter are applicable to all people.” I agree. Is this precedent setting? Since you don't have to be a Canadian citizen to be protected by the Canadian Charter of Rights, does that mean you don't have to be an American citizen to be protected by the US Constitution?

The US border agents at the Truck border crossing once told me my client didn't have the right to legal representation at the border because they weren't an American citizen they were Canadian. They said the US Constitution did not apply the Immigration act did. That my friend is the root of all evil. The US Constitution says no state shall deny to any person within it's jurisdiction equal protection of the law. Yet it does. Especially at the border. That is not right.

Civil liberty - only available in Canada you say? Pity.


  1. Pity, how true. It is what makes Canada such a wonderful country, regardless of how we complain about all sorts of things.

    How can you truly have a justice system, if people can't afford a lawyer.

    1. In the States if you can't afford a lawyer they assign one to you just like here. My concern is their claim that Canadians visiting the US aren't protected by the Constitution because they aren't American citizens.

  2. that truly is a problem. In my opinion, once on a country's soil, you ought to be able to be protected by their laws. A Constitution ought to apply to everyone on a country's soil. To have it otherwise creates two classes of people and that is never good.

    1. That is exactly what Sarah Palin tried to pull when she said non Americans aren't worthy of the rights in the Constitutions:


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