Liberals abusing Supreme Court

Rion Leitch
Contributing Columnist

HAVING an ulterior
motive is the stock in-
trade of every politi-
cian.

The politicians in the
federal Liberal Party have
developed the concept of
concealed plans to a fine art.
Their words and actions say
one thing but always there is
that ulterior motive, that
concealed plan.

The federal government's
refusal to use the Charter’s
notwithstanding
override a B.C. judge’s deci-
sion making possession of
child pornography legal,
exemplifies ulterior motive,
or concealed plans or agen-
da of the federal Liberal
party. There is no question
that the federal Liberal party
is opposed to child pornog-
raphy. What is at issue is the
refusal to nullify the judge’s
decision when the power to
dc so exists:

The power to override
court decisions is part of
Canadians’ common law
heritage. The concept of
parliament being a court of
last resort is intimately
bound up with the doctrine
of the supremacy of parlia-
meni. The charter-related
notwithstanding clause pre-
serves, however inadequate-
ly, parliament’s supremacy,
and it remains-a court of last
resort.

Not many Canadians are
aware that the doctrine of
supremacy of parliament,
which includes being a court
of last resort, exists; and still
fewer know or understand
how these concepts are
embodied in the
Constitution of this country.

Why? Because the gov-
ernment wants Canadians to
believe that when the
Supreme Court of Canada
speaks there is nothing that
the government can do but
obey.

Why would any govern-
ment want the people to
think it was not in control?

In order to understand
how this could be,
Canadians must be willing
to entertain the proposition
that the federal Liberal party
is one of the most cunning,

conniving and dee
organizations to occupy the
public stage in Canada.
Where the Liberals are
concerned, nothing is as it
appears to be. Alw,
must look for the ui
motive.

“_the federal
Liberal party is one
of the most
cunning, conniving
and deceitful
organizations to
occupy the public
stage in Canada.”

Harsh words? Only to
the uninformed.

Let us look at some of
the events that have tran-
spired in Canada in the last
decade or more.

It is a fundamental prin-
ciple of parliamentary
democracy that no parlia-
ment should pass important
legislation on which the
people have not given a
mandate.

The doctrine of mandate
has had its ups and downs,
even in Great Britain.
Without this principle, noth-
ing stands in the way of a
parliamentary dictatorship.

There was no mandate
for the 1982 Constitution
Act, which includes the
Charter of Rights and
Freedoms.

Canadians were told that
by reason of the Charter
their freedoms were guaran-
teed. Not only is thar srate-
ment false, but Trudeau

publicly stated t6 Quebecers
that the Charter was the
vehicle to entrench the
French jangi i
Constitution

harter is also the
vehicle that judges use to
make laws —- laws for which
parliament would require a
mandate from the people
betore passing into law.

Judges have, under the
Charter, assumed the pow
to make laws, not just te
interpret them.

are some of the

yhich judges has

ed their personal social

dogma on the Canadian
people: abortion, feminist
issues, gay rights, native
rights, land claims, criminal
law reform, anglophone
rights in Quebec, tr,
one rights outside of
Quebec, and national unity.

What process of law or
government enables the
court to dictate to the
Canadian people what
Canada’s social policy
should b

Judges rely solel
their interpretation of the
Charter, an interpretation

void of law, that gives
vent to their personal social
political thinking without
regard to the Canadian peo-
ple.

It is to avoid situations
such as this that the com-
mon law developed the con-
cept of parliament being a
court of last resort.

It is for this reason that
in 1982 the premiers insist-
ed on the notwithstanding
clause in the Charter.

Why, then, does the gov-
ernment not repudiate court
decisions by legislation using
the notwithstanding clause?

The answer is quite sim-
ple. The decisions reflect the
social policy of
party; a social policy for
which it has no mandate. A
mandate that its extensive
polls show would not be
forthcoming from the
Canadian people.

Indeed, a close examina-
tion of the activities of the
Liberal government will
indicate that, through its
funding of special interest
groups, it has encouraged
court challenges, inviting
activist judges to make deci-

sions that would not be
politically expedient for a
government.

That amounts to active
connivance of the govern:
ment (read Liberal party) in
the court process.

Look closely at the sub
ject matter of the court
decisions. Are these riot
matters of political policy tor
which governments should
have a mandate before legis-
lating?

How much more conve-
nient for a government to
convince the people there i
No recourse against a judicial
decision than to attempt to
pass the legislation!

Parliamentary democracy
in Canada is sick and
requires radical surgery.

When the leader of a
party becomes prime minis-
ter, and has the absolute
power to appoint senators
and judges; has the power of
lite and death over his
party ed MPs, we have
a parliamentary dictatorship.

Power corrupts; absolute
power corrupts absolutely.
That is the state of govern-
ment in Canada today.

— Ron Leitch is the presi-
dent of APEC, Canadians
fer One Strong Canada. This
column originally appeared
in the April 1999 issue of the
APEC newsletter.

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