The right to change one’s position on a point of doctrine; the right to refuse to bear arms in a time of war; the right to worship on a given day; the right of refusal to allow anything to be done to one’s body without permission – these are among our basic rights as human beings.
Together, freedom of speech, freedom of conscience, and the inviolability of the person are what I refer to as “First Freedoms”. They are “first” because they come before the state. They are because we are.
For the last ten years, I served as the Director of Legal Affairs at the largest umbrella organization of Evangelical Christian charities in Canada. It was a tremendously rewarding period in my career. I had the privilege of working with the best charity support team in the country – a group of highly talented experts dedicated to helping charities succeed in an increasingly challenging environment.
The decision to leave was a struggle. It was difficult, not only because I enjoyed my work but also because I appreciated the friendships developed over a decade. But at the same time, I felt increasingly burdened by the state of national affairs in my country. Staying with a charity meant that I could not raise concerns about current politicians, since the charitable status of my employer might be put into jeopardy for my outspokenness. Yet remaining quiet was not an option for me. When I sense God calling, when my conscience bids me to speak, I must answer. That inner, still small voice has spoken to me several times throughout life, and this was one of them.
With a group of concerned Canadians, I launched the non-profit First Freedoms Foundation (FFF) in November 2021.
Freedom in Canada is waning. Over the last two years in particular we have seen extraordinary measures imposed that, if left unchallenged, will have profoundly damaging effects far beyond the current pandemic. The government has amassed the power of surveillance while our own military engaged in psychological experiments on Canadians, and provincial governments shut down their economies for extended periods of time. Even the courts have struggled to uphold the fundamentals of our Constitution, instead giving deference to government actors despite the violation of rights. Public policies and politicians have created a subclass of citizens who are maligned because of their personal, conscientious decisions.
Of the unvaccinated, our prime minister had this to say:
“They don’t believe in science and are often misogynistic and racist as well. It’s a small group of people, but they take up space. And there we must make a choice, as a leader and as a country: do we tolerate these people?”
Increasingly, his answer is no.
It appears that the “othering” of the unvaccinated is now bearing fruit. Quebec Premier François Legault is planning to implement a tax on the few who remain unvaccinated in the province – a measure that has neither scientific nor ethical justification.
Meanwhile, in the midst of the COVID-19 divisions, the Canadian Parliament failed to provide any debate or discussion on the most controversial issues of our time. I discussed some of those issues with Canadian church leaders who are concerned with what is happening.
There is no easy solution to the crisis we are in. As a society, we have lost confidence in many of the principles that undergird our law and institutions. We have lost sight of the reality that our freedom is not subject to politicians or faceless bureaucrats. We are free because we are human beings. Period.
Freedom of speech, freedom of conscience, and the inviolability of the person pre-existed our government, our courts and our society. These “First Freedoms” are the reason why First Freedoms Foundation exists. We are now at a point where we have no choice but to stand up and be counted to support these most basic freedoms.
We are not interested in being provocateurs. We are academics and legal professionals who want to engage substantively with the issues confronting us. We want to ask hard questions of those who rule over us. We will seek answers in respectful, honest conversations that will take the form of podcasts, editorials and peer-reviewed papers, interviews, and if necessary, litigation.
The First Freedoms Foundation is not a charity, because charitable status would limit our ability to speak openly on certain issues. It could also be taken away by an unsympathetic government (as we’ve seen with the current government’s willingness to discriminate against pro-life charities). Instead, we are a non-profit organization. To fulfill our mandate, we need donors to contribute in support of our research and advocacy. Would you consider investing in the future of liberty by making a gift or perhaps sponsoring content?
The move to step out on such an adventure is not for the weak of heart. At my age, I should be winding down – or at least considering it. But there is another hill to climb! I do so with a sense of mission and purpose to work together to ensure we can live in peace on the same real estate we call Canada.
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Called to the Newfoundland Bar in 1993, and the Ontario Bar in 1996, Barry has devoted his career – both in private practice and the charitable sector – to defending conscience. He has served as intervenor counsel in multiple cases involving religious liberty in Canada. Barry has also advocated for religious and charitable interests before provincial and federal governments, and represented the International Religious Liberty Association at the United Nations in New York and Geneva.
Barry has a profound respect for individual human dignity, and his desire is to find ways for all to “share the same real estate” in peace.
Having studied extensively in the fields of law, religion, and political science, Barry has edited or co-edited four books on law and religion – including The Inherence of Human Dignity with Angus Menuge (Anthem Press 2021) – and has published a growing number of law review articles. You may follow his academic writing HERE.
