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styky
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 Posted: 02/ 18/ 10 11:15 am Post subject: Parliament is meant to write laws, not interpret them |
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Parliament is meant to write laws, not interpret them
Posted By ERICH JACOBY-HAWKINS
From the beginning, the government of Prime Minister Stephen Harper's attitude towards our judiciary has been partisan.
In the 2006 election, the PM informed Quebecers not to fear any excesses from a Conservative majority. "Liberal" courts would hold him in check, limiting his ability to impose a right-wing agenda.
To brand Canada's strictly independent courts was an early red flag in the politicization of our judicial system. Harper's first (In)justice Minister, Vic Toews, was a longtime critic of judges and immediately began politicizing their appointment. continued
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 Dogpatch
Joined: 22 Jul 2007 Total posts: 3061 Location: Maniwaki, Québec Gender: Male
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| Posted: 02/ 18/ 10 1:18 pm Post subject: Re: Parliament is meant to write laws, not interpret them |
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| styky wrote: | Parliament is meant to write laws, not interpret them
Posted By ERICH JACOBY-HAWKINS
From the beginning, the government of Prime Minister Stephen Harper's attitude towards our judiciary has been partisan.
In the 2006 election, the PM informed Quebecers not to fear any excesses from a Conservative majority. "Liberal" courts would hold him in check, limiting his ability to impose a right-wing agenda.
To brand Canada's strictly independent courts was an early red flag in the politicization of our judicial system. Harper's first (In)justice Minister, Vic Toews, was a longtime critic of judges and immediately began politicizing their appointment. continued |
The same could be said for our courts - I wish the courts would stop "reading" into the Charter and what Parliament "meant to say".
Yep, Harper and his Reformers - I mean Conservatives have a "hidden agenda". I can't believe lefties are still buying that bull from the good old Chretien days.
The author is ignorant and a socialist boob. |
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| ErichtheGreen Joined: 18 Feb 2010 Total posts: 2 Gender: Unknown
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| Posted: 02/ 18/ 10 10:16 pm Post subject: Re: Parliament is meant to write laws, not interpret them |
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I am neither ingorant, a socialist/lefty, nor a boob. Now that I am a member here, I believe that at least 2 of those 3 terms are off limits, according to rules 2, 4, and 8 of the forum, so hopefully there'll be no more of that. (Gosh, I hope other principled conservatives follow their own rules).
You can read a hyperlinked version of my article here. I prefer it to the print version quoted above.
It has always been my understanding that principled conservatives have respect for the law, but it seems like Harper and his ministers don't. I have built my case from facts. If you feel there are any significant errors, please let me know here or at my own blog. I apprecate constructive criticism. |
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| Mark Fournier Member
Joined: 06 Jan 2001 Total posts: 15602 Location: Kingston, ON Gender: Male
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| Posted: 02/ 18/ 10 11:07 pm Post subject: |
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Welcome to Free Dominion, ErichtheGreen.
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"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Entropy Squared |
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| Connie Fournier Member
Joined: 06 Jan 2001 Total posts: 22169 Location: Kingston, Ontario Age: 44 Gender: Female
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| Posted: 02/ 19/ 10 6:56 am Post subject: Re: Parliament is meant to write laws, not interpret them |
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| ErichtheGreen wrote: | I am neither ingorant, a socialist/lefty, nor a boob. Now that I am a member here, I believe that at least 2 of those 3 terms are off limits, according to rules 2, 4, and 8 of the forum, so hopefully there'll be no more of that. (Gosh, I hope other principled conservatives follow their own rules).
You can read a hyperlinked version of my article here. I prefer it to the print version quoted above.
It has always been my understanding that principled conservatives have respect for the law, but it seems like Harper and his ministers don't. I have built my case from facts. If you feel there are any significant errors, please let me know here or at my own blog. I apprecate constructive criticism. |
Another Green Party member from Barrie. I hope you aren't like the last one. 
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"...single men must have access to donor eggs and “gestational carriers.” - David Johnston, Governor General Appointee
(The man Stephen Harper calls "the best of Canada") |
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RedDog
Location: High Plains Gender: Male
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| Posted: 02/ 19/ 10 7:07 am Post subject: |
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I would suggest a greater problem is the appointed-with-no-review supreme court. They've made an art form of interpreting whatever they wish into anything, often against the intent and wishes of the elected representatives who wrote, voted on and approved the law.
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Opinions expressed by RedDog on Free Dominion are those of RedDog alone and are in no way intended to represent the views of Free Dominion, its principals or moderators.
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| Mark Fournier Member
Joined: 06 Jan 2001 Total posts: 15602 Location: Kingston, ON Gender: Male
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| Posted: 02/ 19/ 10 10:59 am Post subject: |
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What is the Green Party's position on man-made global warming now that it has been exposed as the biggest fraud in human history, ErichtheGreen?
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"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Entropy Squared |
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Dogpatch
Joined: 22 Jul 2007 Total posts: 3061 Location: Maniwaki, Québec Gender: Male
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| Posted: 02/ 19/ 10 2:18 pm Post subject: Re: Parliament is meant to write laws, not interpret them |
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| ErichtheGreen wrote: | I am neither ingorant, a socialist/lefty, nor a boob. Now that I am a member here, I believe that at least 2 of those 3 terms are off limits, according to rules 2, 4, and 8 of the forum, so hopefully there'll be no more of that. (Gosh, I hope other principled conservatives follow their own rules).
You can read a hyperlinked version of my article here. I prefer it to the print version quoted above.
It has always been my understanding that principled conservatives have respect for the law, but it seems like Harper and his ministers don't. I have built my case from facts. If you feel there are any significant errors, please let me know here or at my own blog. I apprecate constructive criticism. |
I am bad - and I apologize to you. You are not ignorant nor a boob but in my view, you are misinformed.
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Here's selected pieces from your article:
To brand Canada's strictly independent courts was an early red flag in the politicization of our judicial system. Harper's first (In)justice Minister, Vic Toews, was a longtime critic of judges and immediately began politicizing their appointment.
Judges are appointed by government, so there is inevitably a political component. The only thing that is completely independent of both the quality and quantity of work is their salaries.
Should judges be permitted to speak their minds about political issues? The tradition has always been that they be apolitical, or at the very least silent, if their disinterest is not genuine.
Justices Rosalie Abella and Bertha Wilson passed judicial decisions loaded with political implications - Gay mmarriage, quotas for the hiring of women and minorities, and Wilson's influence on abortion. These examples (and many more) are political.
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Presented with a court decision contradicting their ideological sensibility, the Tories refuse to accede. They fight and delay, wasting public funds and tying up our courts. In the end, appeals exhausted, they essentially ignore the verdict and carry on unconcerned. Presented with a court decision contradicting their ideological sensibility, the Tories refuse to accede. They fight and delay, wasting public funds and tying up our courts. In the end, appeals exhausted, they essentially ignore the verdict and carry on unconcerned.
For Toews this was old hat. As Manitoba's (in)justice minister in 1997, he'd refused to implement Canada's gun registry. Is this an example to set for our citizens, especially our children?
Not everyone agrees with the useless gun laws. Besides, it has been pointed out that gun ownership is properly the domain of the provinces, however, the SCOC bowed to the political wishes of the Liberal government of the time.
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Canadians facing execution abroad traditionally had our government's help getting their sentences commuted to life in prison. Not anymore. Shunning a series of federal court orders, our government routinely turns its back on Canadians on death row. We don't execute our own citizens, but we don't object when others do.
Like William Sampson and the liberal government?
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With Omar Khadr, captured in battle at age 15, the path should be clear. For child soldiers, the Convention on the Rights of the Child mandates "all appropriate assistance for their physical and psychological recovery and their social reintegration." Yet we've left Khadr to rot as President Barack Obama tries to close Guantanamo down; even abetted his illegal interrogation. Despite repeated federal court rulings, our government continues to ignore our treaty obligations.
Omar Khadr was aged 15 when he was detained, and accused of murder of a medic.
In Canada, a 15-year old is, legally, a youth. In Islamist culture, a 15-year-old is considered to be an adult, without any reservations. The Khadr family certainly considers 15 years of age to be "adult" -- that is the age at which their daughter, Zaynab Khadr, was given away in marriage.
From searching the internet:
International humanitarian law
According to Article 77.2 of the Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977:
"The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest."
 Once a person has reached the age of 15, he/she cannot be considered to be a "Child Soldier’ – even though it’s better to recruit people who are 18 and over.
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Likewise, with Vancouver's safe injection centre. Unhappy with a negative decision, the Tories appealed. The appeal court handed down an even stronger ruling against them, so now Minister Rob Nicholson is spending more of our tax dollars taking it to the Supreme Court.
Again, not everyone agrees with your claim. Govts should not be told to support illegal activies.
http://www.eurad.net/pdf/Drug%20Injection%20Sites.pdf
and
May 6, 2007 : The Province, a major daily newspaper in Vancouver, publishes editorial giving some credibility to Mangham's article
Vancouver must be open to new ways to curb drug addiction Dr. Colin Mangham makes sweeping criticisms of Vancouver's safe-injection facility In the debate over drug addiction, it is politically correct, especially in Vancouver, to assert that the war on drugs has been lost and that our main goal should be to mitigate the harm addicts do to themselves and others.
Mangham's criticism can be viewed here:
http://www.globaldrugpolicy.org/1/2/2.php
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Here in Canada, despite a decreasing crime rate, we go the other way, reducing the power of judges to sentence based on the specifics of a crime. Apparently, what Canada needs is more one-size-fits-all incarceration at an annual taxpayer expense of $90 million.
I believe that died when Parliament was prorogued. So, it's old news that's not even news.
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A colleague observed: "Responsible government knows its limits. We don't want politicians running our businesses -- that's why we have a free market. We don't want them performing open-heart surgery -that's why we have surgeons. Likewise, we don't want politicians deciding matters in our criminal courts -- that's why we have judges."
Our elected Parliament has the power to write laws. It falls to our courts to interpret and enforce them.
Rule of law should mean you follow the laws, not ignore them until you can re-write them in your favour.
1 - politicians are running (and ruining) businesses. See smoking in bars, restaurants, etc...
2 - Politicians don't decide court judgements, but they do influence them. Turn it around and ask why are the courts ordering the legislatures to change the law?
3 - your last sentence - reminds me of Louise Arbour who broke the Judges Act to join the International Criminal Court. Not to worry, (then Liberal Justice Minister) Allan Rock quietly amended the judges act so she wouldn't have to fall on her sword.
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Brown envelope
Joined: 11 Oct 2007 Total posts: 4565 Location: From parts unknown Gender: Unknown
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| Posted: 02/ 20/ 10 8:20 am Post subject: |
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If the Green Party would admit that MMGW is a fraud, yet push for other environmental measures that are realistic (i.e. cleaning up lakes and rivers), and boot May as leader they will be taken seriously again.
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| shiva wrote: | | Want to anger a conservative? Lie to him. Want to anger a Liberal? Tell him the truth. |
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| ErichtheGreen Joined: 18 Feb 2010 Total posts: 2 Gender: Unknown
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| Posted: 02/ 20/ 10 9:31 am Post subject: |
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Thank you for the welcome, Mark.
I'll respect forum Rule 4 and not diverge into a discussion of climate change, which has nothing to do with the original topic. However, I'll happily respond to Dogpatch's excellent questions as soon as I have some time available to post. |
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| Mark Fournier Member
Joined: 06 Jan 2001 Total posts: 15602 Location: Kingston, ON Gender: Male
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| Posted: 02/ 20/ 10 9:35 am Post subject: |
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| ErichtheGreen wrote: | Thank you for the welcome, Mark.
I'll respect forum Rule 4 and not diverge into a discussion of climate change, which has nothing to do with the original topic. However, I'll happily respond to Dogpatch's excellent questions as soon as I have some time available to post. |
Your respect for the rules is most commendable. I've started another thread for you to respond to my off topic question.
The Green Party and the man-made global warming fraud
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"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Entropy Squared |
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| shiva Joined: 13 Oct 2003 Total posts: 4416 Gender: Female
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| Posted: 02/ 20/ 10 11:10 pm Post subject: |
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| ErichtheGreen wrote: | Thank you for the welcome, Mark.
I'll respect forum Rule 4 and not diverge into a discussion of climate change, which has nothing to do with the original topic. However, I'll happily respond to Dogpatch's excellent questions as soon as I have some time available to post. |
You have not studied law, right ErichtheGreen? Neither have I but it seems to me you've got everything bassackwards. |
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