WHEREAS the Charter of Rights and Freedoms, which came into effect thirty years ago, has enabled individuals to use the Charter to bring legal challenges, arguing that the law discriminates against them and denies their rights, based on the provisions in the Charter and,
WHEREAS appointed unaccountable judges have used the Charter in these legal challenges to make public policy decisions on critical issues, including abortion, pornography, religious rights, same-sex marriage, illicit drug use, etc. and,
WHEREAS judges, have, by doing so, assumed a legislative role by using the vague words of the Charter to read in and read out words and expressions, as well as re-interpret legislation to give it a meaning never intended or agreed upon by Parliament and,
WHEREAS judges are ill positioned to make these legislative decisions because of their limited access to research, social data, as well as their isolation from varied perspectives on these critical social issues and,
WHEREAS the Charter of Rights provides a solution to the problem of the courts usurping the role of Parliament, by S. 33 in the Charter (the Notwithstanding Clause), which provides that the federal and provincial legislatures may pass legislation overriding a court’s decision for a five-year period at which time the legislation may be renewed and,
WHEREAS Section 33 is a valid and operational provision of the Charter, itself.
BE IT RESOLVED that the Notwithstanding Clause be applied by the federal and provincial governments, when required, so that the public may have direct input into laws affecting their lives, rather than the laws being made by appointed, unaccountable judges.