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NEITHER THE ORDER OF CANADA NOR MORGENTALER HAS ANY HONOUR

Neither Morgentaler nor the Order of Canada has any honour.  They are both political tools used to pursue a specific agenda.  The legal challenges to the abortion law over the years by Morgentaler, a humanist, were an opportunity to attack those he especially dislikes, whom he refers to as “religious extremists”, notably Catholics and the Catholic Church.  This obviously gave him satisfaction.  Moreover, the destruction of the abortion law has reportedly given Morgentaler a free hand to make approximately $11 million annually through the string of abortion clinics he has established across the country.  To call him “humane” or “compassionate” is to denigrate these terms.

The Order of Canada, established in 1967, is also a political tool in that it is used to promote a specific agenda.   Over the years, the Order of Canada has mainly been awarded to feminists, homosexuals, environmentalists, left-wing broadcasters, writers and others involved in promoting the political left.  Seldom has the Order of Canada recognized the services of those who take a conservative approach to issues.  For example, there are few, if any, major feminist activists left in Canada who have not received the Order of Canada.   Considering the small number of votes the NDP obtains at election time, it is remarkable that so many of its partisans have won recognition over the years by the Order of Canada.

It is a different matter for those receiving recognition as Members of the Order of Canada for accomplishments of local and regional significance.  However, for those appointed as Officers or Companions in recognition of their accomplishments on the national and international scene, it is their activism on the left side of the political ledger rather than their contribution to Canada as a whole that is being recognized.  Since it is politics, rather than achievement, that is the operating principle of the Order of Canada, the Order has no honour.

How Nominees to the Order of Canada are Selected

The decision to make someone a member of the Order of Canada is made by an Advisory Council, based on nominations received from the public.  Anyone may nominate another person for membership.

Chief Justice Beverley McLachlin

The nine member Advisory Council for the Order of Canada is chaired by the Chief Justice of Canada (currently feminist Chief Justice Beverley McLachlin).  One may well wonder why she is the head of such a partisan council.    That is, why is she a key member of the committee, let alone sitting as its Chair?  A conflict of interest is apparent here since appointees to the Order of Canada, such as Morgentaler, have previously been, are now, or will be in the future, appearing before her court.  For example, litigation has been brought in New Brunswick by Morgentaler demanding provincial funding for his abortion clinic.  The New Brunswick government last year argued in the New Brunswick Courts that Morgentaler has no legal standing in the case.   This argument will, in due course, be appealed to the Supreme Court of Canada.  Also, several years ago, a group of pro-life/family organizations, including REAL Women, were denied, by the Supreme Court of Canada, intervenor status in this New Brunswick case.  Since Chief Justice McLachlin believes Morgentaler is a hero, how objective is she in his case?  Another example of a conflict of interest is the case of the Rev. Brent Hawkes, a Pastor with the homosexual Metropolitan Community Church in Toronto, who broke the law in 2002 by “marrying’ two homosexuals.  The Rev. Hawkes was a litigant before Chief Justice McLachlin in the highly controversial same-sex marriage case.  He was called to the Order of Canada last year when Chief Justice McLachlin again chaired the Advisory Council.  What was Chief Justice McLachlin thinking?  Does she believe that her appointment to the Supreme Court of Canada has given her special knowledge and insight indispensable to choosing candidates for the Order of Canada? 

All this leads us to conclude that Chief Justice McLachlin appears to be less of a judge and more of an activist.  She resembles the Anglo-Saxon Queen Boadicea riding into battle on her chariot, with her sword swinging.  Only Chief Justice McLachlin is charging at what she obviously believes are the twin dragons of traditional values and conservative thought.  She swings her sword at these “dragons” not only in her legal judgments, but also in the other areas of her empire such as in her role of Chairperson of the Canadian Judicial Council (which reviews complaints against judges), and Chairperson of the National Judicial Institute (whose purpose is to provide on-going education for judges).

According to the Globe & Mail (July 3, 2008) Morgentaler’s nomination was “driven” by Chief Justice McLachlin.  How could anyone have confidence in her impartiality?

Letter of Complaint to Canadian Judicial Council
Forty-two organizations, including REAL Women, signed a complaint dated August 13, 2008, which was laid with the Canadian Judicial Council against Chief Justice Beverley McLachlin.  REAL Women’s press release on the letter of complaint, dated August 14, 2008, stated:

Chief Justice McLachlin knew, or should have known, that her actions as Chairperson of the Advisory Council would compromise the integrity of the judiciary, since legal actions dealing with Morgentaler have in the past, and will again, in the near future, be brought before the Supreme Court. Since the Chief Justice has designated Morgentaler as worthy of distinction, her impartiality and integrity in these legal matters have now been severely compromised.

Chief Justice McLachlin had the duty to uphold the accepted standards of judicial conduct, of impartiality and fairness. She failed to do so. Confidence in her and her court has now been seriously undermined. As a result, the Judicial Council should recommend the removal of Madam Justice McLachlin from the Supreme Court of Canada.

This complaint is laid in the full knowledge that Chief Justice McLachlin also serves as the Chairperson of the Canadian Judicial Council. Her obvious conflict of interest in this complaint also requires that she immediately step down from her role as Chairperson of the Canadian Judicial Council.

Chief Justice McLachlin was stung by the letter of complaint as she has now publicly denied that she actually voted on the Morgentaler Award and claims that she votes on the Advisory Council only in a tie situation.  She further stated, according to the Toronto Star (August 17, 2008):

I’m there to make sure the meeting runs well and fairly and that the vote is taken fairly. …

If such is the case, then Chief Justice McLachlin has dug an even deeper hole for herself as the award to Morgentaler as discussed below, was not carried out properly or fairly. She can’t have it both ways.

Further Appointed Members of the Advisory Council

The other appointed members to the Council include Kevin Lynch, the Clerk of the Privy Council and Secretary to the Cabinet appointed by, and answerable directly to, Prime Minister Harper, and the Deputy Minister of the Department of Canadian Heritage, Judith LaRoque.  According to the Globe and Mail (July 3, 2008), both these bureaucrats voted against Morgentaler’s nomination.  Others appointed to the current Advisory Council include Simon Brault, Acting chairperson of the Canada Arts Council (but apparently he was not present at this particular meeting); and Yvan Guidon, President of the Royal Society of Canada.  He is the Director of the Bio-Organic Chemistry Laboratory at the Institut de Recherches Cliniques de Montreal and a member of the Board of Directors of the stem cell network, which was instrumental in the creation and use of human embryo research.  Another appointed member of the Council is Thomas Traves, Chairperson of the Association of Universities and Colleges. 

Governor General Michaëlle Jean

Governor General Michaëlle Jean, well known for her feminist views, appointed the remaining three members to the Advisory Council, who are required to be previous recipients of the Order of Canada.  Since most of the appointees to the Order of Canada are left-wing, Ms. Jean would have had no difficulty in finding members to vote for Morgentaler’s nomination. 

According to information received from the Director of Information at Rideau Hall, the Governor General need not necessarily accept the final recommendations of her Advisory Council – as she may demand a “clarification” (make objections) of its recommendations.  But it is noted that the Advisory Council recommendations are rarely refused by the Governor General, and especially in this case, where the appointee was one whose actions correspond with her personal feminist beliefs.  This is not the first time, however, that Ms. Jean has overstepped her role as Governor General. (See REALity May/June 2007, “Our Wayward Governor General Michaëlle Jean”, p. 3).  She keeps pushing the envelope, using her appointment as the Queen’s representative, to promote her own and her husband’s very socialist, left-wing agenda.

REAL Women has had concerns about the Order of Canada for many years.  In 2001 we undertook an extensive review of the Order of Canada, at which time we concluded that it is being awarded mainly to politically correct, left-wing activists (see REALity, July/Aug. 2001 p.1).   The appointment of Morgentaler to the Order of Canada only confirms this. 

Morgentaler’s Appointment Breaks Precedent

The Order of Canada, in this case, has been even further cheapened and debased, if possible, because of the dishonest way that Morgentaler was selected.  Previous to his nomination, it was the practice of the Advisory Council that once a nominee had been rejected, a file on that person was never re-opened.  It is known that Morgentaler had been nominated and rejected several times previously, the most recent rejection occurring in February.  Yet, Morgentaler’s file was re-opened and his appointment announced on July 1, 2008.  Further, in the past, nominees have been rejected because they are “too controversial” such as the eminent McGill ethicist, Margaret Somerville, who has spoken out against both abortion and same-sex marriage.  Her nomination was rejected because she was considered too controversial.  Yet who is more controversial than Morgentaler?  Finally, previously all decisions on a nomination were made by consensus but this was not the situation with Morgentaler’s nomination since the two government bureaucrats opposed it.


The Conservative Government and the Order of Canada

What was the federal Conservative government’s role in the decision to appoint Morgentaler to the Order of Canada?  One might well ask.  The government has taken the position that it had nothing to do with Morgentaler’s appointment and has distanced itself from the decision claiming it was the decision of the Advisory Council only.  It is generally conceded, however, that a government in power has a thousand different ways, if it had wanted, to stop the nomination.  Why didn’t it do so?  It is known that the government had advance notice of about a month before the announcement was made public. 

The reasons the Conservative government may have decided to remain neutral on the appointment could include the following:

It did not want to widen the so-called gender-gap in the forthcoming election whereby fewer women vote Conservative, than Liberal, ie. the Harper government didn’t want to raise the ire of the pro-abortion feminists (who are a very small number in any case) and would never back the Conservatives under any circumstances.
It did not want to offend Quebec, because feminist Josée Verner, Minister of Heritage, and Lawrence Cannon (Pontiac, Quebec), Minister of Transport, Infrastructure and Communities, are both extremely pro-abortion.  These members of the Cabinet raised strenuous objections in the Cabinet to the government becoming involved to counter the Morgentaler nomination.  It is arguable, however, whether their views accurately reflect Quebecois on this issue.
It did not want to get drawn into the abortion debate (which occurred anyway).
It did not want to be seen as driven by the social Conservative element in the party – even though it is the foundation of the Conservative party in Canada.

Whatever the reason, it was not a wise decision by the government to remain silent on the Morgentaler appointment to the Order of Canada.



What Should be Done About the Order of Canada

Under the circumstances, this dishonoured award should be abolished.  This would be the preferred choice since the Order of Canada represents nothing more than an award to further the goals and specific ideology of the left-wing.  That is, because the award has become so discredited and a subject of derision and contempt, it serves no valid purpose.  Who today believes it to be a worthy honour?  Only those who are left-wing.

Please write to Prime Minister Harper and your MP requesting the Order be abolished.

The Right Honourable Stephen Harper
Office of the Prime Minister(80 Wellington Street(Ottawa, Ontario  K1A 0A2(Fax: 613-941-6900
 
Your MP
Canadian House of Commons
Parliament Buildings
Ottawa, ON  K1A 0A6

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