B.2(ag). Freedom to Protest or Petition

Every Person has the Right to protest peacefully and to petition the government for change.

Government derives its just powers from the consent of the governed.

Let that sink in for a minute.

It means exactly what it says.

What is peaceful protest if not, at a minimum, a subset of the people saying, “We either have or are about to withdraw our consent?” If they do so peacefully, that is, they aren’t threatening the life or bodily autonomy of others, the government can’t stop them. Government only exists because of them.

'Peacefully' means not initiating violence, but protesters may not be punished if someone else starts a conflict. Protesters may defend themselves if they are attacked, and may not be called 'violent' or required to answer charges of violence for doing so.

It should be common sense that only the instigators of violence should be held responsible for it, but that hasn’t always been the case. Freedom Riders were called violent agitators for defending themselves from racist attacks. Protesters at lunch counter sit-ins were blamed for escalation when they defended themselves from physical attack. There are other examples for those who want to find them.

Self-defense is a fundamental right. In this Charter, it is also a constitutional one.[1] It would stretch common sense to suggest someone couldn’t defend themselves – couldn’t exercise their constitutional rights – simply because they were at a protest. Protesters can’t be punished for defending themselves from an attack started by another. Full stop.

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[1] See Article I, Section 2.B.2(e). This right will likely gain the most focus for the right to bear arms, but it is rooted in basic self-defense. And, it flows naturally from the Right to Life – Article I, Section 2.B.2(a) and the Right to Bodily Autonomy – Article I, Section 2.B.2(b).