Friday, April 22, 2011

Harper and the Supreme Court

From Globe on line:

"Of the nine justices who serve on the Supreme Court of Canada, three – Ian Binnie, Morris Fish and Louis LeBel – will hit the mandatory retirement age of 75 within the next four years. Another, Marshall Rothstein, will come very close to it. Chief Justice Beverley McLachlin would be 71 by the end of a majority government's mandate, and Rosie Abella would be 68.

In other words, Mr. Harper would have an excellent opportunity to shape the country's top court. And given that court's enormous role in shaping public policy, particularly since the Charter of Rights and Freedoms came into effect nearly three decades ago, that could be a very transformative power.
If one were looking for signs that the abortion debate is about to be reignited, this would be a better place to start than the musings of a backbench MP. Realistically, though, it seems unlikely that Mr. Harper would overload the judiciary with raging social conservatives. If his goal is to firmly establish the Conservatives as the country's dominant national party, then returning the focus to hot-button social issues that helped derail its past campaigns would be a dubious strategy.
But if his goal is also to subtly shift the country's laws and institutions and culture of governance toward something more in line with his party's vision for the country – as opposed to the one held by the Liberals – there is much that the Supreme Court could help with. From property rights to issues of federal-provincial jurisdiction to law and order, not to mention the balance between national security and individual liberties, there's all sorts of room to help turn Canada into a more small-C conservative country.
...
A majority would be Mr. Harper's chance to leave his imprint on the country. And the courts, in some cases more than legislators, are capable of bringing lasting change."

9 comments:

Anonymous said...

Of the 9 judges, 6 were appointed by Liberals. So what you're saying is that only the Liberal view of Canada has merit? And I guess what you're also saying is that judges who have tried to be impartial all their careers will all of a sudden change into partisan judges. What an entitlement view of our judicial system. And what a slap in the face of all judges in Canada.

Maybe you should check the polling numbers to see that the MAJORITY of Canadians don't agree with your view of the world.

Anonymous said...

And why didn't the Liberals bring this up before? I can't believe it, but Ignatieff is a worse campaigner than Dion ... far worse!

The Rat said...

"I guess what you're also saying is that judges who have tried to be impartial all their careers will all of a sudden change into partisan judges. "

Mr. Morton has said quite clearly that judges are impartial, even in the face of compelling evidence in Quebec that it isn't so. That he trots out this argument now is nothing but political convenience.

Still, I hope he is right and the court will be remade with judges more interested in individual rights than group rights, more interested in victims than criminals, more interested in average Canadians than elitist Torontontian leftists.

Gene Rayburn said...

Wow two anonymous cowards and a conbot troll that thinks they speak for average Canadians. You don't and most of us don't live their lives based on polls. Also, most of us Canucks (& I think I can say this safely) wouldn't want to go through life being so angry. Cheer up, it's a beautiful day

The Real Gene Rayburn said...

Hey Pseudo Gene Rayburn,

Do you even know what a troll is?

And stop using my name.

Anonymous said...

As I recall Paul Martin trundled out the garbage that Harper would appoint judges that would trample the rights of women etc.

Of course, he couldn't name any potential candidates.

The Libs have stopped campaigning on their Family Packing plan because it isn't selling.So it is back to the fear stuff.

Perhaps elected judges would be a better idea but that I suppose isn't in the cards any time soon.

Anonymous said...

By the way James, can you name a few of these "raging social conservative" judges? Who are they ?

If you can't name them I'd say you are spewing BS.

The Rat said...

Gene, you're so hilarious! As if you aren't an anonymous Lib-bot, too. If you aren't anonymous, and it's just happy coincidence that your name is the same as a famous US TV personality, please feel free to publish some identifying information on yourself. Your profile is empty, as is your blog. Until you do, you're exactly what you say others are, only worse because you're also a raging hypocrite. But what else does one expect of a Liberal these days??

Anonymous said...

A "raging social conservative" judge? Well, maybe you could go with Robert Dewar. It's not rape when "sex was in the air" and she's wearing a tube top?