Prairie View

A week or two ago the Ontario Court of Appeal ruled that a three year minimum mandatory sentence for gun crime was unconstitutional because it constituted cruel and unusual punishment. Judges are appointed in much the same process as senators are appointed, in other words they are unelected.
For the past several months we have been listening to the hue and cry of the NDP and the consensus media that the senate should be abolished. They say it has no legitimacy because it is an appointed rather than an elected institution. I think we are all aware that this came about due to four senators deciding that they were entitled to cheat on their expense accounts.
The problem with appointed institutions is that they are not accountable to the people they are supposed to represent. They are accountable to the people that appointed them. In the case of the senators they are really accountable to the PM and the Governor General as that is who appoints them. I think it is the same situation with judges.
In my opinion the influence judges can have on our society is far more dramatic than the influence of the Canadian senate. Until 1980 judges generally rendered their decisions based on existing law. After Trudeau had the constitution repatriated from England to Canada and put the Charter of Rights and Freedoms into the constitution there was a big change.
It was drafted in such a way that lawyers and judges seemed at liberty to take license in how to interpret the document. Activist judges – especially supreme court justices – have been successful in interpreting the charter to render decisions that have had a profound effect on the very fabric of our society.
Case in point, giving the Federal Government authority to legislate same sex marriage to the same status as heterosexual marriage. In my opinion marriage is the union of a man and a woman for the purpose of procreation. In my opinion the idea of two men or two women getting married is actually ridiculous because it is biologically impossible for them to procreate.
Now don’t get me wrong,  if homosexuals want to live together that’s their business. I think there should have been a different way for them to have a formal arrangement to cohabitate. I think all the major religions – Christians, Judeans and Muslims,  for example – have the same interpretation of marriage. In my opinion, it is these kind of decisions that are driving our country toward atheism and the disintegration of our society.
Since the introduction of the Charter, judges have been reading their own biases into the law and in fact ordering legislators to change laws to fit their vision of our society. Back in the early Klein years there was an employee, who was homosexual, in a religious educational institution in Edmonton making statements that were contrary to the churches teaching. He was consequently fired. He took the institution – whose name I cannot recall – to court.
The case eventually ended up in the Supreme Court. They ruled that the School had infringed on his rights and ordered the Alberta Government to rewrite all its laws that could discriminate against homosexuals.
There are many similar cases where we have had unelected judges making law. In fact they have made law by overruling laws made by elected legislators as in the case of mandatory minimum sentences.
So here we have nine appointed officials with the power to overrule laws passed by our elected legislators, the appointed senators and ratified by the Governor General.
My question is, how come all the noise about the unelected senate but not a peep about the unelected judiciary from the NDP or media when the judiciary has far more power and opportunity to inflict real harm on society than the senate?

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