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Canada's Chief Justice Says Courts Must Ignore Written Laws in Favour of Judge-Decided Unwritten 'Norms' By Hilary White Quote: "McLachlin told the law students that Justices must be 'emboldened' to supersede even the letter of such foundational documents as a nation's constitution and that their role ought to supersede that of elected representatives. 'I believe that judges have the duty to insist that legislative and executive branches of government conform to certain established and fundamental norms, even in times of trouble,' she said. http://www.lifesite.net/ldn/2005/dec/05120604.html Tuesday December 6, 2005 WELLINGTON, December 6, 2005 (LifeSiteNews.com) The Supreme Court of Canada's Chief Justice, Beverley McLachlin, believes the rule of law 'requires' Justices to ignore the actual written law, as passed by democratic legislatures, in favour of unwritten ideological principles. McLachlin told an audience at New Zealand's Victoria University that laws must be interpreted according to the individual preferences of Justices for 'norms that are essential to a nation's history, identity, values and legal system.' That these norms are known only to the justices on the Supreme Court seems not to have deterred McLachlin or the Supreme Court. McLachlin laid out her plan for the re-engineering of Canadian or any like-minded liberal society away from democratic principles saying, 'The rule of law requires judges to uphold unwritten constitutional norms, even in the face of clearly enacted laws or hostile public opinion.' Vice President of REAL Women of Canada, Gwen Landoldt, told LifeSiteNews.com that McLachlin's open call for Justices to enshrine their personal political opinions to supersede the written law shows a 'total lack of understanding of the principles of democracy.' Landoldt said the problem will continue until the appointment process is made in keeping with democratic principles of transparency. 'The appointment process must be reworked to allow for public hearings. Canadians must be able to protect their country from a woman like this.' McLachlin told the law students that Justices must be 'emboldened' to supersede even the letter of such foundational documents as a nation's constitution and that their role ought to supersede that of elected representatives. 'I believe that judges have the duty to insist that legislative and executive branches of government conform to certain established and fundamental norms, even in times of trouble,' she said. Opposition justice critic, Vic Toews, spoke to LifeSiteNews.com saying, 'It concerns me very much to hear our Chief Justice say that judges don't have to follow what is set out in the law for them. If judges don't have to follow the constitution, what will guide them?' 'I'm hoping that she was taken out of context, that she was not suggesting that she can ignore the very clear requirements of the constitution,' said Toews. 'Only Parliament is qualified to change the constitution.' Toews said that prior to the end of the last Parliament; Justice Committee witnesses overwhelmingly felt that the appointment system needed reform. 'There is a clear perception by the Canadian public that judicial appointments are politically motivated. That status quo is no longer accepted.' Gwen Landoldt said that the current appointment system in Canada, in which the Prime Minister and his appointed Justice Minister appoint all Supreme Court Justices without public oversight amounts to the abolition of a separation of powers, a foundational principle of any democracy. 'In Canada right now, the Justice system is a tool of the Liberal Party and its agenda. They're hand in glove,' Landoldt said. Read National Post coverage of McLachlin's speech: http://www.canada.com/nationalpost/story.html?id=273c95d2-06... Read related LifeSiteNews.com coverage: Chief Justice Of The Canadian Supreme Court Backs Judicial Activism http://www.lifesite.net/ldn/2003/jun/03061804.html *** From: United Mothers & Fathers mail@unitedmothers.ca Date: Tue, 7 Feb 2006 10:06:24 -0700 (MST) Subject: Grassroots Success United Mothers, Fathers & Friends NEWSLETTER February 6, 2006 PLEASE PRINT or FORWARD THIS NEWSLETTER ALONG TO OTHERS 1. Grassroots are Bursting Forth! 2. Pro-Marriage Candidates & the Election 3. New MPs & Cabinet - Who's Who Websites 4. Vision for the Future "Mighty things from small beginnings grow." John Dryden (1) Grassroots are Bursting Forth! Thanks for saying, "Enough is enough!" and taking action at this critical time in our nation's history. Never before in the history of Canada have so many individuals and family organizations pulled together in an effort to elect pro-family and pro-marriage candidates. This is my Canada! This is a sign of great things to come for our nation. At long last, concerned Canadians are effectively mobilizing and defending the values and liberties necessary to keep the family and our nation strong. Your efforts are an inspiration and invitation to those around us who share our concerns, but have yet to get involved. Thanks for leading the way! (2) Pro-Marriage Candidates and the Election Marriage was not swept under the carpet, as some predicted it would be. Instead, it became a main stream election issue. United Mothers, Fathers and Friends is committed over the long term to ensuring that marriage continues to be a major issue facing candidates in upcoming provincial and federal elections as we work towards the long term solution of a constitutional amendment on marriage for Canada. (For more information visit: http://www.enshrinemarriage.com/english/goal1.aspx) How did pro-marriage candidates fair in the election? Unfortunately we did not elect as many pro-marriage MPs as we had hoped for, but the results were a shift in the right direction. 55% of the candidates that VoteMarriage.ca endorsed were elected. Overall, they calculated that as many as 45% of the House of Commons may be pro-marriage. 9 of the 26 new cabinet ministers that Prime Minister Harper announced today are supporters of traditional marriage, 4 are against, and 13 are unknown. The Globe & Mail reported that 136 of the incoming MPs voted against the re-definition of marriage, or said they oppose it, 19 were undecided, and 153 either voted for the re-definition of marriage or indicated they would if the matter came before the House again. However, this tabulation does not take into consideration the Cabinet Ministers and their Parliamentary Secretaries who were forced to choose between supporting C-38 or losing their positions. http://www.theglobeandmail.com/servlet/story/RTGAM.20060201.wxsamesex01/BN Story/National/) The vote last June on the re-definition of marriage was 158 - 133. (3) New MPs and Cabinet Detailed election results are available at: http://enr.elections.ca/ Who's Who? Complete List of Members of the 39th Parliament (unofficial) http://www.parl.gc.ca/information/about/people/house/mpscur.asp?Language=E Official List of Cabinet Ministers http://www.lifesite.net/ldn/2006/feb/06020603.html (4) Vision for the Future We envision a Canada where the best interests of children and society are given top consideration prior to the passage of any legislation. We envision a Canada where half truths, emotional arguments, and catch phrases no longer resonate as Canadians dig deeper on issues and reflect on the facts presented. We envision a Canada where dissenting voices are neither dismissed nor prosecuted. We envision a Canada where individuals are drawn together and pull together in increasing numbers to make a difference in their communities. We envision a Canada where more and more people are intelligently educated on issues and take action in letting their voices be heard on the provincial and national stage. We envision a Canada demanding substantial and meaningful democratic reforms. Quite simply, because of your commitment over the long term - along with thousands of other dedicated Canadians like you - we envision a better Canada for our children and grandchildren! Support Our Efforts To continue our efforts to strengthen Canada's laws and uphold the family, we need your financial support to help pay for our campaigns and technology. Please consider becoming a quarterly donor of $25 every 4 months. To become a quarterly donor, or to make a one time donation of $40, $75, or $100, please click here for more information: http://www.unitedmothers.ca/donate.php We look forward to pressing forward with you as we address the many issues that face our nation in the years ahead. Michele Dow |