The Supreme Court has effected a bloodless coup d’etat. They have thrown out the charter of rights, parliamentary legislation and substituted their own gut feeling about things. Some court.
The Supreme Court’s power
Re: Canadians should know more about their top court, Andrew Lawton, July 17
Andrew Lawton is correct to raise the alarm on the ignorance of Canadians about the Supreme Court of Canada.
This court has taken over the public policy role, making decisions based not on the law or precedent, but on the personal policy preferences of the judges.
Former justice Beverley McLachlin acknowledged this when she stated: “My job is to simply listen to what the parties have to say … to think about what’s best for Canadian society on the particular problem that’s before us, and give it my best judgment after listening to also, my eight other colleagues.”
Under what authority do the nine justices have the jurisdiction to determine “what’s best for Canadian society”? It is the responsibility of Parliament to do so. The Supreme Court of Canada has used the Charter as a tool to usurp the role of Parliament. It has done so by interpreting the Charter to continually broaden its jurisdiction until it is now at the apex of its power and has become the absolute authority in Canada. This is not acceptable in a democratic nation, where the public has been reduced to be an impotent bystander in the formation of the country’s laws. This was not the intent according to documents released during the Charter debate.
Because of the Charter, Canada has left democracy behind. This must change. C. Gwendolyn Landolt, National Vice President and Legal Counsel, REAL Women of Canada
National Post (Latest Edition)
21 Jul 2018