WHEREAS Canada is a democratic country;
AND WHEREAS a democracy is based on the equal worth and equal rights of its citizens;
AND WHEREAS citizens in a democracy vote for a representative in Parliament or the provincial or territorial legislatures in order that these bodies pass laws for the benefit of their citizens in accordance with the wishes of the citizens;
AND WHEREAS appointed, unaccountable judges have no obligation to make decisions in accordance with the views and expectations of the citizens;
AND WHEREAS judges are ill-positioned to make public policy, legislative decisions because of their limited access to research and social data, and their isolation from the perspectives of the voters;
AND WHEREAS the legislation passed by Parliament and provincial and territorial legislatures is frequently overturned by the unelected courts;
AND WHEREAS the Charter of Rights provides a solution to the problem of the courts usurping the role of Parliament by way of Section 33 of the Charter of Rights (the Notwithstanding Clause);
AND WHEREAS Section 33 of the Charter of Rights is a valid and operational provision.
BE IT RESOLVED THAT the Notwithstanding Clause be applied by the federal, provincial and territorial governments to overturn decisions by the courts when the court decisions are unacceptable because of ideological bias by the judges, basing their decisions on neither precedent nor the law. The Notwithstanding Clause allows the elected legislatures to continue to pass laws in which the public has a direct input, rather than the laws being made by appointed, unaccountable judges.