Time

ONE of the more inter-
esting ideas to come
from the recent meeting
of Western premiers in
Yellowknife originated
with Alberta premier
Ralph Klein.

Kicin, the Conservative
leader, suggested it was time
for the provincial leaders to
consider the issue of “judicial
activism.” He was reacting to
comments made by Reform
leader Preston Manning, who
said the Supreme Court of
Canada has changed the
nature of its mandate, that the
judges of the Supreme Court

are going from being arbiters
of the law to architects of leg-
islation:

There is no doubt that
Klein is miffed by a recent
Supreme Court decision which
‘essentially told the goven-
ment of Alberta to rewrite its
© laws relative to the rights of
- homosexuals. The robed wise

en said it didn't matter what
the people of Alberta wanted.
-’ The case was about a
“ eeacher in a Christian funda-
-mentalist college in Alberta,
who was fired from his po

ti ¢ declared himself
to be a homosexual.
‘Approximately a year later, the
board of the college formulat-
ed a position based on their
fiindamental principles, forbid-
ding a “practising” homosexu-
al from being engaged as a
‘teacher i ina A position to influ-

crime and

punishment

ence their students. Don’t for-
get this is a private institution
whose students choose to
attend and pay princely sums
of money for the privilege.

Delwin Vriend, the teacher,
was subsequently terminated
from his position. He took his
case to the Alberta Human
Rights Board and his case was
rejected because “sexual orien-
tation” is not specifically out-
lined in the respective legisla-
tion, the Individuals Rights
Protection Amendment Act.

When the matter was
picked up by a host of gay

ats groups — and we are

ing about a plethora of
special interest groups who
were, incidentally, given status
in front of the courts — the
lengthy legal bartle began.
Through the various courts in
Alberta up to the Supreme
Court of Canada, the matter
went, with varying results on
the way.

The essential question
became, not of Vriend’s job
and his employer’s right to ter-
minate, but onc of a bigger
fight between the gay groups

elis like racism

cin i port of West
lerman _ Russ
"intelligent observa-

is, during the. July 13. West
‘council meeting,

the. ‘ridiculous...

236 H.P. Engine
Furbo |
400 Wait,-10 Spea!

property to a “nation” since
Alaska changed hands?

This could be the most
important issue ever discussed
in this organ of free speech
and I feel. that there must be
thousands out here who
missed Russ Fraser on
Channel 4 _— recently but
whose thoughts. correspond
and. would encourage and
support further action now ...
before it is too late!

Gerald Leader
West Vancouver

ker Premium

~ Sound. System with 3 Dise CD

© Sport Sus nsion
© Pretnium

en

SEAPLANES

“Spanning the coastal waters of B

and the legislarure’s right to
enact the laws of its choosing.

The argument became
about fundamental democracy.
Democracy ultimately lost.

When the case gor to the
Supreme Court of Canada, the
nine anointed ones reviewed
the case at length. The deci-
sion they produced, all 66
pages of it, is at the heart of
Klein’s suggestion to his fellow
premiers.

The case was heard in early
November 1997.
Unfortunately, Mr. Justice
Sopinka died a few weeks later
and was replaced by Mr.
Justice Bastaracke. Te is iater-
esting to note that Bastarache
was part of f the majority opin-
ion in the case even though he
didn’t hear the arguments.
Evidently he is so wise he can
make his mind up without
actually hearing the case.

But that in itself is part of
what has so ranked Klein. It’s
the arrogance demonstrated by
the court in its decision. But
not just this decision. Every
time they open their collective
mouths it scems socicty takes
another kick in the panis.

Klein believes it is the right ©

of the respective legislators, % put
in place by the electorate,
can be removed by the same
electorate, that have the right
to enact the laws the citizenry
must abide by. Something
called democracy, apparently.
The Supreme Court decid-
ed it is above all that nonscise.
Although they are appointed by

those lowly, despicable politi-
cians, it is not evident to them
that they must be responsible.

Witness sonie of the state-
ments issued by the court in
the Vriend decision.

Mr. Justice Major, in his
dissenting opinion wrote, “As
an alternative, given it may be
that it would choose to over-
side the Charter breach by
invoking the notwithstanding
clause in section 33 of the
Charter, the legistature’s
shown a persistent refusal to
protect against discrimination
on the basis of sexual orienta-
tion. In any event it should lie
with the elected legislature to
determine this issue.”

The dissenting opinion
concluded, saying, in the end
it is they who would be
responsible to the voter.

But this apparent logic was
not adhered to by the rest of
the court.

The majority decision said,
(referring to the decision of a
lower court) “When unelected
judges choose to legislate, par-
liamentary checks, balances
and conventions are simply
shelved,” said McLung, J in
the lower court decision.

Continued the wise men,
“with respect, I do not agree.
When a court remedies an
unconstitutional starute by
reading in provisions, no
doubr this consirains the Ieg-
islative process and therefore
should not be done needlessly,
but only after considered
examination,

\ANZ

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3 5.9...

Wednesday, August 5, 1998 — North Shore News - 7

0 rein in Supreme Court judges

“However, in my view, the
parliamentary safeguards
remain. Governments are free
to modify the amended legisla-
Gon by passing exceptions and
defences which they feel can be
justified under section 1 of the
Charter. Thus, when a court
reads in, this is not the end of
the legislative process because
the legislature can pass new leg-
islation in response. Morcover,
the legislators can always turn
to section 33 of the Charter,
the override provision, which in
my view is the ultimate parlia-
mentary sefeguard.”

In other words, “it doesn’t
matter what the legislators
want, as long as we think
about it long enough, we can
override them. If they don’t
like it, let them invoke the
notwithstanding clause — if

they dare.”

The arrogance of the deci-
sion is stunning. But then
these are the same le who
brought you the “drunkenness
is a defence to rape” decision.

Nein is bang-on with this
issuc. It is yet to be seen if he
gains any support from the
other premicrs and indeed,
what can be done about it.
The traditional role of the
Supreme Court is to interpret
and apply the law as it exists, _
not to decree what the laws
should say. God knows it has
donc enough damage to this
country by applying its often
illogical analysis to the inter-
pretation of the laws.

For the sake of democracy,
fst’s hope Ralph Klein finds
some support.

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