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 dibattistaJoined: 24 Apr 2005 Total posts: 16 Gender: Unknown
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 Posted: 12/ 29/ 05 5:39 pm Post subject: Charter of Rights and Freedoms |
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OK, because it's contained in the constitution, I thought I'd stick this question here.
Currently I'm a first year BBA student at Wilfred Laurier Univeristy, I've been a supporter of the Reform Party (Back in the Day), then the Alliance, and now sit on my EDA's board of directors as well as being actively involved in the campaign.
For my poli-sci class this term we are required to write an essay, and I found the list of topics last night.
My topic is, "Does the Charter of Rights give unelected judges too much power in the Canadian political system?"
Now natually I think it does give judges too much power, but I'm wondering if anyone can recommend good books/journal articles where I can find credible quotes and opinions of "scholars" as to the validity of this statement.
Thanks,
Julian DiBattista |
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littleharbour
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| Posted: 12/ 29/ 05 5:41 pm Post subject: Re: Charter of Rights and Freedoms |
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| dibattista wrote: | OK, because it's contained in the constitution, I thought I'd stick this question here.
Currently I'm a first year BBA student at Wilfred Laurier Univeristy, I've been a supporter of the Reform Party (Back in the Day), then the Alliance, and now sit on my EDA's board of directors as well as being actively involved in the campaign.
For my poli-sci class this term we are required to write an essay, and I found the list of topics last night.
My topic is, "Does the Charter of Rights give unelected judges too much power in the Canadian political system?"
Now natually I think it does give judges too much power, but I'm wondering if anyone can recommend good books/journal articles where I can find credible quotes and opinions of "scholars" as to the validity of this statement.
Thanks,
Julian DiBattista |
I'm sure there is something out there. Do we get co-authorship if we help you out?  |
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WereYouAware
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| Posted: 12/ 29/ 05 5:47 pm Post subject: |
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Call Ian Hunter - Professor Emeritus of Law at Univ of Western Ontario. He has written a lot on the subject of the Charter and its impact on Canada. Rory Leishman a columnist for the London Free Press is an expert on the issue you mention. Google either of these men and find some articles they wrote. Call UWO or London free Press if you need to be in contact with them personally.
Best of luck |
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littleharbour
Gender: Unknown
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| dibattista Joined: 24 Apr 2005 Total posts: 16 Gender: Unknown
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| Posted: 12/ 29/ 05 6:29 pm Post subject: |
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| littleharbour wrote: | I got these links in about 5 minutes on google. You kids really need to learn how to research 
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I think I know how to research 
My method, post a thread on a related message board. The sources just come flying in. 
BTW, thanks to everyone who responded. |
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mynameishuynh
Joined: 09 Jun 2003 Total posts: 2209 Gender: Male
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| Posted: 12/ 29/ 05 6:34 pm Post subject: |
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mynameishuynh
Joined: 09 Jun 2003 Total posts: 2209 Gender: Male
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| Posted: 12/ 29/ 05 6:36 pm Post subject: |
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| nice gun |
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ImperialNationalist
Joined: 14 Dec 2005 Total posts: 334
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| Posted: 12/ 29/ 05 6:52 pm Post subject: |
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| Grab just about any book written by F.L. Morton & Rainer Knoff. Law, Politics & The Judicial Process in Canada; Charter Politics; The Charter Revolution & The Court Party in Canada; etc. All of those should provide you with some good material. |
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| LiberallyConservative Joined: 14 Apr 2004 Total posts: 3935 Location: Liberal-central - Toronto ON Age: 26 Gender: Male
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| Posted: 12/ 29/ 05 7:18 pm Post subject: |
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It may also be useful to read up on the issue of judicial activism (either in Canada or in the U.S. - the U.S. particularly should yield a bevy of articles and works) and then apply what your findings to determine how we stack up.
It may also be useful to point out that the whole purpose of Constitutional documents is to prevent arbitrary judgments or moves by the people in power, which is not to say that there can be no amendments, but obviously these amendments ought to reflect the wishes of the majority, instead of the unelected and unaccountable few.
You might also want to point out some examples where the judgments of our justices have (whether intentionally or not) been used to justify things not found in the actual Charter of Rights and Freedoms (i.e. same-sex marriage, or even the whole idea of gay rights - as far as the Charter goes, it seems that gays, lesbians, and transgendered folk have the exact same rights as the rest of us - hence their omission from Article 15 of the Charter, which discusses minority rights).
You could also discuss how the judges are overwhelmingly liberal, and that this bias is reflected in their initiatives and rulings.
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http://dai-head-jai.blogspot.com/ |
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| dibattista Joined: 24 Apr 2005 Total posts: 16 Gender: Unknown
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| Posted: 12/ 29/ 05 7:24 pm Post subject: |
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| mynameishuynh wrote: | |
Wow!! You're pretty good with you're research |
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| I am Conservative Joined: 20 Sep 2005 Total posts: 206 Gender: Male
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| Posted: 12/ 29/ 05 7:34 pm Post subject: |
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| Quote: | OK, because it's contained in the constitution, I thought I'd stick this question here.
Currently I'm a first year BBA student at Wilfred Laurier Univeristy, I've been a supporter of the Reform Party (Back in the Day), then the Alliance, and now sit on my EDA's board of directors as well as being actively involved in the campaign.
For my poli-sci class this term we are required to write an essay, and I found the list of topics last night.
My topic is, "Does the Charter of Rights give unelected judges too much power in the Canadian political system?"
Now natually I think it does give judges too much power, but I'm wondering if anyone can recommend good books/journal articles where I can find credible quotes and opinions of "scholars" as to the validity of this statement.
Thanks,
Julian DiBattista |
Where have I heard your name before? It sounds very familiar. |
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| CelebrateLife Joined: 13 Apr 2005 Total posts: 1244 Location: Not far from Queen's Park Gender: Male
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| Posted: 12/ 29/ 05 7:51 pm Post subject: Re: Charter of Rights and Freedoms |
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| dibattista wrote: | My topic is, "Does the Charter of Rights give unelected judges too much power in the Canadian political system?"
Now natually I think it does give judges too much power, but I'm wondering if anyone can recommend good books/journal articles where I can find credible quotes and opinions of "scholars" as to the validity of this statement. |
How much power is "too much"? How "unelected" is unelected and is that a good or a bad thing? What are the consequences/implications of giving judges "too much power" via the Charter of Rights?
You've plainly stated your own view and appear to be looking for someone else to give their blessing that your view is correct. That's not exactly what research is about, nor the basis for a "principled" discussion.
Judges in Canada are "unelected" -- as they are in most jurisdictions. However they are appointed by a system which is accountable to elected officials and who, ultimately, do appoint the Judges That Matter.
I'm not crazy about the notion of voting for a judge (or a local sherrif) on the ballot alongside my member of parliament. I frankly DO NOT want politics playing a role in the judiciary.
Laws are created by men and women elected regularly by you and me. They are rarely legal experts and they certainly don't have time to weigh the pros and cons of every law. The judiciary, however, are charged with exactly that: are new laws "legal"? Do they respect community standards and generations of precedent? Are these laws set out as knee-jerk reactions or do they merit reinforcement?
Take the SSM issue. Legal experts -- judges -- have ruled in several jurisdictions that the long-held view that the term "marriage" could ONLY embody an opposite sex couple no longer met community standards -- in this case, the Charter of Rights and Freedoms as set out five generations after Canada's founding.
These rulings did not come about because judges decided the law needed changing: living, breathing citizens brought the case to court because they believed the community standard had changed. The rest of the people, as represented by provincial attorneys general, argued the standards had NOT changed -- and lost. Repeatedly.
Absolutely nothing compelled Parliament to change the federal law, despite the provinicial judges asking for it. Parliament could well have written a new law to re-apply federal standards provincially or appeal the provincial rulings to the federal court which has the power to over-turn the (appointed by elected politicians) provincial judges.
In fact, the feds still have the power to overturn SSM with a simple act of Parliament and test the validity of their new law against the Charter. If they don't like that outcome they still have the opportunity to amend the Charter (which has been amended a few times already, despite the rhetoric to the contrary).
So, do "unelected" judges have "too much" power since the Charter of Rights and Freedoms? I, for one, would be interested in reading your final paper.
Democracy is a funny thing: the reality is any one of us is unlikely to be happy with every decision which flows out of it all the time. However when we examine the facts closely, most of us can agree that the present system -- evolving as the rest of society evolves -- protects all of us equally and gives all of us equal opportunities to make changes and influence the world we live in for the better.
Some things do keep me awake at night: "activist judges" in Canada do not. |
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CdnRepublican
Joined: 10 Aug 2005 Total posts: 9432 Location: Jerusalem, beating back the hordes of the anti-christ. Gender: Unknown
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| Posted: 12/ 29/ 05 7:53 pm Post subject: |
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Martin and Knopf, The Charter Revolution and the Court Party.
Ever wonder how Gay rights became a Cdn value?
Read this book and find out why.
CoR is a opaque text of legalese that give gasp! lawyers more work to do and gov't more things to regulate.
Big surprise. |
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| rbacon Joined: 03 Nov 2002 Total posts: 11061 Location: At The Oars of the Slave Ship Canada Gender: Male
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| Posted: 12/ 29/ 05 7:57 pm Post subject: |
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You could start off your paper by stating this fact. It was cobbled up by Jean Chretien and the Liberal Party of Canada and not one single adult Canadian man or woman was ever allowed to vote for or against the Charter or anyother Constitutional Document at anytime in the history of Canada.
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If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen. -- Samuel Adams, speech at the Philadelphia State House, August 1, 1776--"If You Haven't Suffered Enough It Is Your God Given Right To Suffer Some More" Wm. Aberhart Alberta Premier |
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Peter O'Donnell
Joined: 10 Mar 2005 Total posts: 9072 Location: BC Age: 61 Gender: Male
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| Posted: 12/ 29/ 05 8:19 pm Post subject: |
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| Canada is a borderline judicial dictatorship. You bet unelected judges have too much power. They meddle in social policy on behalf of a federal government too afraid of electoral consequences to do the dirty work, and on the other hand they impose light sentences on repeat criminals. I wish we could elect our judges in Canada and get rid of most of this bunch. |
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