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Book Review - The Charter Revolution And The Court
Party
By F. L. Morton and Rainer Knopff
Former Prime Minister Pierre Trudeau was obsessed with language rights
and the divisions between Quebec and the rest of Canada. He believed
that a Charter of Rights would reduce and possibly even eradicate
these tensions. He envisioned that the Supreme Court of Canada would
serve as the final authority on language divisions and settle them
forever. As a result, he ruthlessly set about implementing the Charter,
initially intending only to include language rights protections in
it. However, he ultimately decided to broaden the Charter to enshrine
other rights as well.
The establishment of the Charter, as with so many other of Mr. Trudeau's
initiatives, has proven to be, with the passage of time, a grave mistake.
The tensions and separation between Quebec and the rest of Canada
have increased because of the Supreme Court's decisions, and even
greater demons have arisen among Canadians in such areas of aboriginal
and social issues as a result of the courts' decisions.
With all his supposed intellectual agility, Mr. Trudeau lacked the
ability to foresee the practical applications or consequences of his
policies. The Charter is an excellent example of this deficiency in
Mr. Trudeau.
It is now clear, twenty years after the Charter was enshrined in our
Constitution, that it has not preserved and protected
the rights of Canadians. Instead, it has become an efficient tool
for special interest groups ? especially feminists and homosexual
activists, to change policies through the judicial creation of new
rights, without the consent of the majority of Canadians. It has also
created new divisions within this country and has transferred power
to what is, in fact, a handful of elites who now have almost complete
undemocratic control of policy development in Canada.
The book, The Charter Revolution and the Court Party
documents in revealing detail this takeover of our political and legal
system. The book names the individuals engaged in this. It sets out
how these self-appointed elites function and how the federal Liberal
government assists them in the pursuit of their agenda, both financially,
morally and philosophically. A revolution has truly taken place in
Canada, with undemocratic advantages bestowed on so-called "disadvantaged"
groups (they're anything but that!) by way of judges exercising the
widest possible policy making discretion under the Charter. The Supreme
Court is no longer a court, but a political censor and innovator.
As stated in this book at page 56, the Supreme Court of Canada has
become "…an oracle ready to second-guess disputable political
judgments whenever it sees the need."
How this was achieved, and the government-funded superstructure, which
nourishes and protects these elites who control Canada, is a nerve-wracking
story to read.
According to the book, universities in Canada and, in particular,
the sociology departments and law schools are engaged in advocacy
instead of scholarship. The Canadian law schools, for example, are
no longer vocational or professional training ground of lawyers, but
have become centres of training for lawyers to propagate and implement
the new orthodoxies before the courts. Its professors provide credibility
to the special interest organizations and promote their views before
the courts. They serve as TV commentators on courts decisions, especially
on our ideological, left-wing CBC; they write papers in law journals
which are quoted by our politically appointed judges in order to buttress
their own ideological viewpoints. These journals, for example, according
to the book The Charter Revolution, are uniformly critical
of the traditional family, which is portrayed as the centrepiece of
politically incorrect heterosexual supremacy (p. 142). These elites
serve as "experts" appointed to Human Rights Tribunals and
serve on them to promote their own ideology and perspectives. In short,
the university affiliations of these elitists gives not only credibility
to the truly often crazy policies they promote, but also provides
them with the opportunity to implement them.
The federal government assists them in this take-over of our justice
system by funding the National Judicial Centre, which is feminist
controlled, including its so-called gender sensitivity program for
judges (see Reality July/August, 2000, "Feminists
Stand on Guard to Protect Gender Program for Judges," page 16).
The Court Challenges Programme funds their court challenges, secured
and controlled by the special interest groups ? especially feminist
and homosexuals, from money handed over to them, no strings attached
? by the federal government's Department of Heritage (see Reality
September/October 2000, "Court Challenges Program Attacking Traditional
Values," page 6).
The federally funded Law Reform Commission (see article "The
Bias of the Law Reform Commission - Marriage Takes a Beating"
in this issue, page …) provides the underpinning for judges to
reject the legislative arena and promote "progressive" policies
recommended by the Commission. In fact, former members of the Law
Reform Commission have finalized their own personal views by their
subsequent appointments to the Supreme Court of Canada. Former Chief
Justice Antonio Lamer, Mr. Justice Gérard La Forest and, the
most recent appointment to the Court, Madame Justice Louise Arbour,
are all former members of the Law Reform Commission.
It is not too extreme to state that there has been an intellectual
corruption of our justice system in Canada. No longer is it fair and
impartial, instead, it has become a tyrannical force over the public
will. As a result, we can no longer expect justice from Canadian courts
and tribunals on which the special interest experts sit.
If you want to know how this tyranny developed, who are the players
in this debacle and how they operate, read the book The Charter
Revolution and the Court Party. It provides documented proof
of the take-over of our justice system by these elites. Warning: Check
your blood pressure as you read!
Publisher:
Broadview Press
P.O. Box 1243
Peterborough ON K9J 7H5
Tel 705-743-8990
Fax 705-743-8353
E-mail
customerservice@broadviewpress.com
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