Commentary, Opinion

You said what?

August 13, 2026   ·   0 Comments

By Brian Lockhart

For the most part, our legal system works well in upholding the law and in deciding punishments in the courts.

Many people will argue that the courts are too lenient when it comes to repeat offenders and dangerous people. That may be true, but that’s not a result of the system; it is a result of poor directives by those in charge.

Our legal system, outside Quebec, is based on British Common Law, with roots that are very old, dating back to the Norman Conquest.

Common Law is defined as a system based on judicial decisions and precedents. Common Law is actually only practised by a handful of countries, including Canada, the UK, and the United States.

Most countries use a civil law system, characterized by reliance on legal codes.

The use of the word ‘common’ when referring to this legal system is in part due to the fact that the common sensibilities of Western society accepted that some actions are commonly regarded as unacceptable.

You aren’t supposed to kill someone. You aren’t supposed to assault, attack, or kidnap a person for ransom. You aren’t supposed to steal, whether in the form of a robbery, breaking into a person’s house to steal their money, or embezzling funds from your employer.

Of course, the laws have been redefined or eliminated over the years.

The invention of the automobile gave lawmakers a bit of work, at least at the provincial level, and it took years to put in place the traffic laws we have today.

Pierre Trudeau’s famous 1967 statement, “There’s no place for the state in the bedrooms of the nation,” was the start of a few major changes in legislation designed to eliminate punishment, at least somewhat, for certain private acts.

Our current system of laws clearly states what is not permissible in our society.

It’s not hard to figure out.

Most people have a moral compass that automatically tells them that a certain action is not right.

We now have pretty much all the laws in place necessary to guide society.

Why do we need continuous legislation and more laws being put in place?

Unless there is a dramatic shift in society or technology, we don’t need any more laws.

I’m pretty sure lawmakers these days are tabling new bills just because they can.

The real problem is that the new laws being created are focusing way too much on freedom of speech and behaviour issues.

We don’t need Ottawa telling us what to think, which opinions are correct, and threatening people with legal action if they don’t toe the politically correct line.

The federal government has a mandate to cover around 11 different key components of the country.

This includes national defence, in which they should be graded a ‘D,’ currency and monetary policy, fisheries and oceans, criminal law and security, and a few other important details of running the country.

That mandate does not, and should not, include prosecuting people for having an opinion, thinking in terms that don’t meet the requirements of some outspoken lobby group, or wearing a political emblem on your T-shirt.

In fact, the freedom to have an opinion is guaranteed in the Canadian Charter of Rights and Freedoms: “Everyone has the following fundamental freedoms: a) Freedom of conscience and religion: b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication: c) Freedom of peaceful assembly: and d) freedom of association.”

The emphasis here is on ‘freedom of thought, belief, opinion, and expression.’

We don’t need politicians or bureaucrats telling us how to think or which opinion we should have about any issue.

I hope most people use common sense when voicing an opinion or belief.

People don’t normally make comments that would offend the person they are speaking to. That’s just called having good manners and displaying a sense of public decorum.

Even if someone does make a public comment that others disagree with, the best course of action is to ignore them and move on. Do not call the police and have them prosecuted.

As citizens, we should be aware of this slow elimination of rights.

Taken to the tenth decree, that off-colour joke you tell may one day land you in a gulag if we aren’t careful about having our speech and behaviours monitored by a central authority. 

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