My wife Michelle recently drafted and sent out a letter to the local authorities as well as politicians with respect to the set up of recent checkpoints. I've shared it here for those that may want to use it and or are seeking ideas as to what to put in theirs. Email addresses below letter as well. I've also attached the original letter sent out by Vic PD as a PDF.

I am writing regarding the recent open letter from the Victoria Police, with respect to the James Bay “controlled access points”. (See attached for reference).

The Section 123 of the BC Motor Vehicle Act is cited (ensuring orderly movement of traffic, preventing injury or damage to persons or property, or permit proper action in an emergency).

There have been no instances of injury or damage to persons or property, and no emergency situations, at any of the peaceful rallies which have taken place at the Victoria Legislature, either in 2021 or this year to date. It seems unreasonable to be putting these controlled access points in place, when there doesn’t seem to be any compelling reason to do so, based on the fact that no damage or emergency situations have transpired such that these controlled access points would be necessary.

Current Victoria police “controlled access points” in James Bay claim to be based on alleged escalations elsewhere, without any evidence of a local escalation. Without any anticipated timeline for ending enforcement of “controlled access points”, such action from a police department contravenes the Charter of Rights and Freedoms and is therefore unconstitutional.

It is stated in your letter that the Canadian Charter of Rights and Freedoms is subject to “reasonable limits prescribed by law”. However, this phrase is taken out of context. This section of the Charter then goes on to say, “as can be demonstrably justified in a free and democratic society”.

Section 1: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limited prescribed by law as can be demonstrably justified in a free and democratic society.
The Honourable Brian Peckford, the last living Minister who helped craft the Charter, has publicly stated on numerous occasions that the intent of Section 1 is for circumstances where the country is in peril, like a war or insurrection. The peaceful demonstrations and events at the Victoria Legislature in recent months do not even compare with a situation such as a war or insurrection. Therefore, the Victoria Police’s actions are contravening the Canadian Charter of Rights, which is the supreme law of Canada and supersedes any other law, such as the BC Motor Vehicle Act.

As a proud Canadian citizen, born and raised in British Columbia, I respectfully request for the aforementioned reasons, that the police controlled access points, be cancelled at once. It is imperative that free expression, association and peaceful assembly be unhindered by these controlled access points/blockades, to protect and preserve democracy in our city and our country.

Kind regards,

Email addresses:

'[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>