Julian Fantino Vs. The Charter of Rights and Freedoms

Yesterday I discussed how Julian Fantino, Conservative Party candidate for the Novermber 29th Vaughan byelection, is an advocate of the death penalty (a barbaric practice banned in 1962.) Today, I want to highlight Mr. Fantino’s opposition to the Canadian Charter of Rights and Freedoms. In many ways “Duty: The Life of A Cop” is a polemic against the Charter as it is an autobiography. Fantino goes after The Charter on pages: 89, 95, 135, 181 and 291. The denouement of his anti-Charter argument is pithily stated on page 96:

“Who has reaped the greatest benefits from the Charter of Rights and Freedoms? I would argue that if it isn’t common criminals, then it must be the Hells Angels.” – Julian Fantino. Duty. Chapter 6. Fighting the Mob.

Mr. Fantino immigrated to Canada from Italy, he didn’t have The Charter in 1953, but immigrants/minorities, like a large segment of the population of Vaughan, have benefited from the protection of The Charter of Rights and Freedoms. Women, have benefited from the Charter of Rights and Freedoms in the form of equal pay (though Stephen Harper slashed funding for groups that ensure women are paid a fair amount for their work.) Freedom of expression (Article 2) and Mobility Rights (Article 6) are what makes Canada a functioning democracy. One only need look to the G20 in Toronto (where Mr. Fantino played a role) to see the chaos of a Canada where the Charter is ignored.

“In Canada, there is often an overreaction about protecting people’s privacy in the public domain. Frankly, I don’t understand why any person wouldn’t want to co-operate fully with the police in a case like this. Yet, some people seem very concerned with an already overworked Canadian Charter of Rights and Freedoms.“ – Julian Fantino. Duty. Chapter 12. Two Little Girls and a Trail of Broken Hearts. Page 181.

Julian Fantino seems to have a problem with Article 2 (c,d), 8,9 and 10(a-c) of the Charter. He faults the constitution, instead of the police officers who sometimes make mistakes. In the concluding pages of John Ibbitson’s “Open and Shut: Why America Has Barack Obama” he recommends adopting the American practice of having politicians swear an oath to defend Canada’s constitution when they enter office in Ottawa. He acknowledges that there would be difficultly in Bloc MPs swearing such an oath, but with the Charter being part of Canada’s constitution would Mr. Fantino be able to swear an oath to defend something he so despises? Would Prime Minister Harper be able to do so? He is famously quoted as dismissing Pierre Trudeau’s accomplishments as “Hippie B.S” (Harperland, 269.) does this phrase also summarize PM Harper’s views of the Canadian Charter of Rights and Freedoms?

Fantino and Harper appear to be in lockstep on many issues, though Mr. Fantino is trying to run a campaign without answering any real questions. The majority of Canadians see the Charter as a great document that helps establish and preserve our free and democratic society. Fantino sees it as an inconvenience at best and something to be ignored at worst.

This scene from “A Man For All Seasons” is what the arguments Julian Fantino makes in “Duty: The Life of a Cop” calls to mind: