Dear Editor:
The Subversion of Democracy
MP Nathan Cullen is upset that the Conservatives have violated a principle with the “appointment” of Sharon Smith as liaison to the federal government. I don’t blame him---this transparent attempt to replace the elected representative with one of Stephen Harper’s choosing was a cheap trick.
However, this public stunt pales in comparison with the real subversion of the democratic process---the rewriting of the laws of the land, even the Constitution, by nine Supreme Court Justices. In our democracy, our Senators and elected MPs are entrusted with the legislative function---the writing of laws. The courts are supposed to apply the law “as they find it written.” They do not have any authority to alter the Constitution. There is a formula for Constitutional change and, for a “minor” change, it requires the agreement of Parliament and of at least 7 of 10 provincial legislatures representing over 50% of the public. “Major” changes require the unanimous concurrence of all legislatures.
In 1995, the Supreme Court, in the Egan case, demanded that the phrase “sexual orientation” be “read into” Section 15 of the Charter. This despite the fact that the phrase was deliberately left out in 1982 when the Constitution was drafted by Parliament. The unilateral insertion of this phrase by the Court became the wedge by which the laws regarding marriage have been undermined and distorted.
The striking down of laws by the court has become routine. Over 100,000 babies die by abortion in Canada every year because the Supreme Court threw out the law protecting them. This usurpation of power is far more dangerous than a publicity stunt by a desperate minority government. MPs need to find the courage and the will to protect the Constitution from judicial tampering.
Rod Taylor
Smithers, BC
