By Stephen Gray
All hell is breaking loose in our land of “peace, order and good government.”
It seems Tory MP Maurice Vellacott is in hot water over saying the judiciary has "almost god-like powers”[1] and he attributed the words to the Chief Justice of Canada. The Globe and Mail newspaper of May 10, 2006, said this about the furore: “Mr. Vellacott's attack brought a highly unusual retort from Chief Justice McLachlin: She categorically denied his allegation that she had ever referred to judges as having "almost God-like powers." [2] Gee, what a disappointment to all those “true believers” in the media and academia in the invincibility of the Supreme Court.
Mr. Vellacott later apologized and said the Chief Justice did not “literally use those words.” But it seems his apology is not enough for the “intelligentsia” in our society. The Canadian Bar Association (CBA) sent out a press release and called for the resignation of the MP “immediately as Chair of the Aboriginal Affairs Committee.”
The CBA had this to say:
“When a member of the government misrepresents the views of the country’s top judge and damages the reputation of the Supreme Court of Canada, he must be held fully accountable,” says CBA President Brian A. Tabor, Q.C. of Halifax in a letter to Prime Minister Stephen Harper.[3]
If one reads some of the writings of the “country’s top judge” one has to ask is she perhaps giving the impression that judges are superior beings? The Ottawa Citizen of December 5, 2005 had this to say:
“Judges should feel 'emboldened' to trump the written word of the constitution when protecting fundamental, unwritten principles and rights, says Canada's chief justice.
"Beverley McLachlin, in a speech delivered in New Zealand, took on critics who say judges have no business going beyond the strict letter of the constitution to strike down laws and enforce rights.
"'The rule of law requires judges to uphold unwritten constitutional norms, even in the face of clearly enacted laws or hostile public opinion,' said a prepared text of the lecture Chief Justice McLachlin gave to law students at Victoria University of Wellington late last week.”[4]
Wow, does anybody know what “unwritten constitutional norms” are, or is it only judges that can read what is not written and see what is unseen? Heck, we don’t even need a constitution if there are “unwritten constitutional norms.” In fact, we don’t even need politicians. Let the gods or goddesses, oops I mean the judges rule.
But then again they are ruling us right now. What with “reading in” words not written in the Constitution, telling us that criminals are “morally worthy” to vote, and that so called “same-sex marriage” is a “right” under the Charter I believe some of our judges need a time out. And perhaps criticism of the judiciary is justified? But the CBA had this to say about Mr. Vellacotts remarks: “These comments have inflicted serious damage on the institution of the Supreme Court of Canada and the reputation of our Chief Justice,” says the letter. They bring the administration of justice into disrepute and seriously threaten judicial independence.”
I am afraid that I believe like many others, that the “administration of justice” is already in “disrepute.” And as for “judicial independence,” I believe it is time the judiciary, just like us other mere mortals be held “fully accountable” when they don’t perform as they should. But hey, one must not criticize our gods or goddesses, oops I mean judges, otherwise we will be subjected to bitching from the benches.
Stephen Gray
May 10, 2006.
graysinfo@yahoo.ca Website: http://www.oocities.org/graysinfo
Endnotes:
1 http://www.ottawasun.com/News/National/2006/05/09/1570709-sun.html
2 http://www.theglobeandmail.com/servlet/story/LAC.20060510.VELLACOTT10/TPStory/National
3 http://www.cba.org/cba/News/2006_Releases/2006-05-09_vellacott.aspx
4 http://www.canada.com/ottawacitizen/story.html?id=66232d1c-b18e-4503-9d2b-5b34c17ca854&k=85347