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MR. KLEIN AND THE SUPREME COURT

The Alberta legislature has refused to include sexual orientation in its human rights legislation because to do so would be contrary to the views of the majority of voters in that province.

With regard to the Vriend case, however, Alberta Premier Ralph Klein has said that should the Supreme Court of Canada decide that sexual orientation be included in the provincial legislation, he would "respect" the court's decision and would amend the provincial legislation accordingly.

Judging by the open hostility and undisguised contempt that the Supreme Court of Canada judges exhibited towards the lawyers who argued in support of traditional values, including the lawyer, Mr. John McCarthy acting for the Alberta Attorney General, it would not be surprising if the Court orders the Alberta legislature to include sexual orientation in the legislation - notwithstanding the wishes of the people.

If the Supreme Court does attempt this manoeuvre, it will be clear that the court's arrogant dismissal of the province's right to enact legislation of its own choice MUST be stopped. We have had enough of the appointed, supercilious and unaccountable lawyers who now sit on the Canadian courts.

In this regard, it is difficult enough to accept the fact that under the Charter of Rights, the court has been given the power to strike down legislation which it regards as unconstitutional, but in the Vriend case, it will be attempting to extend its parameters of power one step further, i.e. to order a legislature to enact specific legislation. If the court is successful in achieving this change, then the judges in Canada will have the power of absolute monarchs.

The Supreme Court can be stopped, however, by the application of Section 33 of the Charter of Rights (the Notwithstanding Clause) which provides that a legislature may declare that a law shall operate notwithstanding the fact that it has been found unconstitutional by the courts.

Mr. Klein must bring such a resolution before his provincial legislature should it prove necessary to do so. He has to know that Canadians across the country are deeply concerned about this absolute power of the courts, and want it curtailed.

Please write to Mr. Klein. Remind him that our democracy requires that the people, rather than that of the appointed courts, decide our social values.

The Hon. Ralph Klein
Premier and President of the Executive Council
307, Legislative Building
10800 - 97th Avenue N.W.
Edmonton, AB T5K 2B7
Fax: (403) 427-1349

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