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Supreme Court of
Canada is a Political Toy
Ottawa,
August 24, 2004
The appointment
today of two hard-line feminist judges, Judges Abella and Charron,
both known to be in support of the gay agenda, confirms that
the Supreme Court of Canada is a political toy used by the Liberal
government to further its own agenda. It seals the fate of the
same-sex marriage reference case to be heard by the Court in
October.
Madam Justice
Rosalie Abella explained the power and biases of the judges
best when she wrote in a 1987 feminist book, "Equality and Judicial
Neutrality," (before her judicial appointments).
Every decision-maker
who walks into a courtroom to hear a case is armed not only
with the relevant legal text but with a set of values, experiences
and assumptions that are thoroughly imbedded.
The imbedded
biases of Judges Charron and Abella are well known. Madam Justice
Louise Charron was one of the presiding judges in the M and
H case which held that the same benefits must be awarded to
same-sex partners as to common-law heterosexual couples.
She was also
Associate Director of the National Judicial Institute which
conducts a highly biased gender sensitivity program that promotes
feminist legal theories, statistics and analyses.
Judge Abella,
who has spent only a very few months in the actual practice
of law, has climbed up the political / legal ropes based on
her reputation as a "human rights" activist. In fact, many of
her decisions were based not on any established law, but rather
on her own feminist ideology.
In the Rosenberg
(1998) case, Judge Abella ignored a decision of the Supreme
Court of Canada in the Nesbit and Egan case (1995), which she
was bound to follow as a legal precedent, and instead dismissed
that case as "wrongly decided," and declared that same-sex partners
were "spouses" under the Income Tax Act.
Appointment
Process of Judicial Appointments
The so-called
"new" appointment system of judges by the Liberals is merely
the "old" system in a not very careful disguise. The Prime Minister
still makes the appointment from a short list provided him by
the Minister of Justice, and the latter only appears before
a Parliamentary Committee to "review the qualifications and
track records of the appointed judges." This is a charade. The
committee cannot vote on the appointments, there is no mechanism
to object to nominations, and any decisions of the Committee
is not binding on the Prime Minister. This process is nothing
more than a Liberal ploy of smoke and mirrors to pretend there
have been some changes to the process and democratic input into
it, when obviously there has been none.
According
to REAL Women's National Vice President, lawyer, Gwen Landolt:
"The appointment
of Judges Charron and Abella confirms that the characteristics
of impartiality and respect for parliamentary democracy and
fairness are no longer qualifications for appointments to the
court and confirms that judicial appointments are political
toys to be used at the government's discretion.
The credibility
and integrity of the courts have been undermined by the appointments
of Madam Justices Charron and Abella, and respect for this court
is a part of the past."
THE
BIZARRE 2004 ELECTION
June 29,
2004
Canadians
have put up with a lot these last ten years under the Liberal
government. Weve paid the highest taxes in the industrialized
world, weve experienced corruption by way of taxpayers
money used to line the pockets of their special friends. Weve
endured the Prime Ministers autocratic ways in completely
controlling the reigns of power, including the prohibition
of any independence on the part of his Caucus. Canadians have
no input in the development of Liberal policy, whether child
pornography, decriminalization of marijuana, the age of consent,
or same-sex marriage. Its all decided by the Prime Minister
and his paid advisors who demand absolute obedience.
The Liberals
managed to convince the voters to forget all this pain during
the election by their attack ads on the Conservatives
suggesting the latter had a scary hidden agenda.
This may well have contributed to the Liberal win. The results
were disappointing, but not unexpected.
The results
of the 2004 election will now permit the Liberals to continue
unabated with their usual abuse of Canadian taxpayers. Fortunately,
there is at least one comfort with this minority government.
The Liberal Caucus, because of the close election, includes
MPs who may now have the backbone to stand up to the Prime
Minister and his dictatorial ways for once, since the Prime
Minister needs every one of them to maintain his narrow hold
on power.
Moreover,
things are not settled yet. The tensions are palatable within
Parliament and the public. A minority government means instability
and we will no doubt be voting again sooner, rather than later.
In the
meantime, a new political universe will unfold. REAL Women
of Canada National President, Lorraine McNamara, said, REAL
Women is willing, as it has been in the past, to work with
any political party. We will continue our efforts with the
large number of pro-family Liberal MPs who were elected. We
hope that the Liberals scare in this election may make
them more sensitive to these caucus members, as well as to
the sensibilities of the public.
For further
information contact:
National
Diane Watts
Researcher
(613) 236- 4001
MEDIA
ADVISORY
Re: Special
Treatment for MP Svend Robinson
May 13,
2004
It has
been a month since MP Svend Robinson admitted theft of a $50,000
ring and no charges have been laid against him.
This indicates
that there is a different standard of justice being applied
in BC than in the rest of Canada.
It is
particularly disturbing that Mr. Robinson is being treated
preferentially. This is not the first time that the BC justice
system has treated Mr. Robinson differently from others. In
1994, Mr. Robinson was present when the life of Sue Rodriguez
ended under mysterious circumstances. Mr. Robinson and Ms.
Rodriguez were both vocal campaigners for physician- assisted
suicide. Ms. Rodriguez had Lou Gehrig's disease and, therefore,
could not have taken her own life. Yet, even under these circumstances,
no charges were ever laid against Mr. Robinson.
This failure
to lay charges against Mr. Robinson creates a dangerous precedent.
It implies that prominent individuals are treated with deference
and respect under our justice system and that they are not
answerable for their felonies - even openly admitted ones.
This throws the entire system of justice into disrepute, and
greatly diminishes respect for the rule of law. It sets a
poor example for our country, and in particular, for our youth.
For further
information contact:
C. Gwendolyn
Landolt
Vice President
(905) 731-5425,
(905) 787- 0348
National
Diane Watts
Researcher
(613) 236- 4001
WORLD
CONGRESS OF FAMILIES III FORGES INTERNATIONAL ALLIANCES
April 1,
2004
The World
Congress of Families III was held in Mexico City this week
with over 3,200 delegates from more than 75 nations participating.
The World
Congress of Families III (WCFIII) is the largest international
gathering of pro-family leaders, activists and thinkers ever
assembled. Its theme was "The Natural Family and the
Future of Mankind" and it builds on the success of WCFI
(Prague, 1997) and WCFII (Geneva, 1999). See www.worldcongress.org
Speakers
at WCF III focused on issues like homosexual "marriage,"
continued vulnerability of the unborn, population decline,
anti-family media, parental rights and the UN's anti-family
agenda. It forged an international pro-family alliance transcending
national borders, cultures and faith traditions.
Mrs.
C. Gwendolyn Landolt, National Vice-President of REAL Women
of Canada was a speaker at the conference, in addition to
being part of the planning and declaration committees. Other
participating organizations included The Howard Center For
Family, Religion and Society (US), The Family Network (Mexico),
Focus On the Family (US), The Latin American Alliance for
the Family (Venezuela), The Australian Family Association,
The Civic Institute (Czech Republic) and Family Research Council
(US).
"No
matter what country we come from today we have a common vision,
the value of the family. Family is the hope of the world",
said Mrs. Martha Fox, first lady of Mexico. President George
W. Bush sent a message encouraging the efforts of the World
Congress of Families III to "recognize the importance
of families in our society. Around the world, families are
the source of help, hope, and stability for individuals and
nations. As one of the pillars of civilization, families must
remain strong and we must defend them during this time of
great change. Your work improves many lives and makes the
world better."
New alliances
were formed and old alliances reaffirmed to defend and enrich
family life around the world.
For further
information contact:
Diane Watts
(613) 236- 4001
MARTIN
CAUCHON - A SPIN DOCTOR ON SAME-SEX MARRIAGE ISSUE
July
17, 2003
Judging
by the statement today by Martin Cauchon on his proposed legislation
on same-sex marriage, it appears he has become a spin doctor
on the issue.
Same-sex marriage is definitely not a "Canadian value,"
as the Minister states. Polls tell us otherwise. Mr. Cauchon
has also accepted the opinion of a mere three Ontario and
three BC provincial court judges, and has thereby ignored
the opinion of the approximately 200 appeal judges in the
other eight remaining provinces. Mr. Cauchon's perspective
to same-sex marriage is a very selective one.
Canadians live in a country that respects the rights of all
citizens but also our differences. If it were otherwise, Mr.
Cauchon would have taken steps to amend the Income Tax Act
to make us all "equal" under its provisions regardless
of our circumstances
Mr. Cauchon also expresses a surprising naivety in suggesting
that this draft bill will not erode the significance or sanctity
of marriage. The marriage bond between opposite-sex couples
is the foundation of our society and is the relationship,
according to former Supreme Court of Canada judge, Gerard
LaForest that:
..is firmly anchored in the biological and social
realities that heterosexual couples have the unique ability
to procreate, that most children are the product of these
relationships, and that they are generally cared for and nurtured
by those who live in that relationship. In this sense, marriage
is by nature heterosexual.
The definition of marriage as being "between two persons,"
also opens a Pandora's box - as two undefined "persons"
includes any unlimited assortment of couples including transgendered,
cross dressers, father and daughter, uncle and niece, even
heterosexuals who want financial benefits of marriage, etc.
The so-called "sanctity" of marriage, under the
proposed legislation makes a mockery of marriage.
Finally, it is a fallacy that freedom of religion will be
protected under this legislation. Religious freedom includes
the right to live out one's faith in society, not just within
a church. Religion is not protected by this legislation. The
opinion of the current Supreme Court on this crucial matter
provides no assurance that judges sitting on a future court
will share the same opinion. Consequently, erosion of religious
rights is inherent in this proposed legislation.
Mr. Cauchon's enthusiasm for same-sex marriage is evidenced
by his second reference question which asks "Whether
extending marriage to persons of the same-sex is valid under
the Charter?, " rather than the central question, "Whether
traditional definition of marriage is valid under the Charter?"
Mr. Cauchon cannot hide from the fact that he is attempting
to bring about a revolution in Canada without public consensus.
For further information:
C.
Gwendolyn Landolt
National Vice President
(905) 731-5425, (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
JUDICIAL
ACTIVISM BY BC COURT OF APPEAL
July
9, 2003
REAL
Women is concerned about judicial activism as evidenced by
the decision of the BC Court of Appeal to consent to the demands
of gay activists to allow its decision in support of same-sex
marriage to have immediate effect. The court in its initial
decision of May 1, 2003 had suspended it until July 2004 to
provide Parliament the opportunity to determine a political
solution to the problem.
The BC courts decision yesterday, therefore, is yet
another example of judicial activism currently taking place
in Canada, whereby the important moral political and cultural
values affecting the lives of Canadians are steadily being
removed from democratic control by the judiciary.
The decision of the BC Court is also unacceptable because
of the pending Leave to Appeal application by the Association
for Marriage and the Family before the Supreme Court of Canada
and for a Stay of the recent decision of the Ontario Court
of Appeal. The Ontario decision was relied on by the BC court
which claimed that the BC and Ontario laws were being unequally
applied. In fact, because of judicial activism, the law on
marriage is being applied unequally all across the country.
The BC court, in ordering its judgement to have immediate
effect, therefore, was acting both precipitously and presumptuously.
The intrusion into social policy matters by the courts has
become a serious concern as it is undermining the credibility
of our entire judicial system.
REAL Womens National President, Lorraine McNamara, stated,
Canadians do not have a strong tradition of judicial
criticism, but the action of the BC Court of Appeal reveals
with fresh clarity how, in the interests of democracy, judicial
activism must be reigned in.
For further information:
C.
Gwendolyn Landolt
National Vice President
(905) 731-5425, (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
REAL
WOMEN OF CANADA SEEKS LEAVE TO APPEAL TO SUPREME COURT ON
SAME-SEX MARRIAGE
July 7, 2003
REAL
Women of Canada is a non-partisan, non-denominational organization
of independent women which supports the family as the basic
unit of society and affirms the definition of marriage as
the union of one man and one woman.
REAL
Women is a part of the Association for Marriage and the Family,
which includes Focus on the Family and Canada Family Action
Coalition (CFAC). It is seeking Leave to Appeal to the Supreme
Court of Canada, from the Ontario decision on same-sex marriage.
REAL
Women is concerned by the decision of the Ontario Court of
Appeal, and the failure by the Prime Minister and Cabinet
to appeal the case. It is unfortunate for Canada that the
court system was the venue for action rather than Parliament
which is supposed to represent the people. Proceeding through
the courts was not a process initiated by us but by others.
We would not have chosen that route. However, the process,
once begun, has been truncated. This has had the effect of
cutting out Parliament and the nation-wide House of Commons
Justice Committee hearings. It is a tragedy that the public
has not been included in this decision. This is dangerous
for democracy and for Canadas future.
The
current legal situation in regard to same-sex marriage is
in considerable disarray. The decision of a provincial court
is only binding within its own province. The B.C. Court of
Appeal has stated that Parliament should deal with this by
July 2004, whereas the Ontario Court of Appeal has quite a
different remedy in that it has determined that its decision
on same-sex marriage must take immediate effect. Complicating
the matter further, the Quebec Court of Appeal will not be
hearing the arguments on the issue until September. There
is no definitive resolution to this situation and the provinces
which, under our constitution, have jurisdiction to determine
the procedures for marriage, have been left in uncertainty.
Moreover,
it is unfortunate that the government has chosen to go by
way of Reference to the Supreme Court. This is a very limited
course of action since the questions drafted by Justice officials
can only be answered by a yes or no
response. The Supreme Court of Canada would not be able to
hear the fundamental arguments on both sides of the issue.
Also, a Reference is not binding, it is only advisory.
Because
of this enormous confusion, the House of Commons Justice Committee
should come forward in order to contribute the views of Canadians
who have spoken on this important issue. Crucial questions
need to be publicly addressed. Is the issue a simple matter
of equal rights as argued by gay activists, or is their relationship
different from that of married couples? Also, who is in charge
of public policy in Canada? The courts are carrying out a
unilateral monologue rather than a dialogue with Parliament
and the people.
All
Canadians, through Parliament, need to be actually involved
in any major alteration of society. We therefore ask for a
Stay on the Ontario Court of Appeal decision, and the Association
for Marriage and the Family is requesting the Supreme Court
of Canada for Leave to Appeal the Ontario Court of Appeals
decision.
For further information:
C.
Gwendolyn Landolt
National Vice President
(905) 731-5425, (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
CANADA'S
PRO-HOMOSEXUAL POLICIES QUESTIONED YESTERDAY AT THE UNITED
NATIONS
Geneva,
Switzerland, June 11, 2003
On
June 10, in Geneva, Switzerland, the UN Committee on the Rights
of the Child heard a presentation from REAL Women of Canada,
an NGO with consultative status with the Economic and Social
Council of the UN. REAL Women opposes the misleading homosexual
campaigns being carried out in Canada, particularly in Quebec,
Ontario and BC schools, and the adoption of children by homosexuals.
The
Working Group Committee, associated with the High Commission
for Human Rights meeting in Geneva, invited REAL Women to
explain why the spirit of several articles of the Convention
related to the UN Rights of the Child are not respected by
Canada in regard to these issues.
Misleading
campaigns in schools
The
Convention on the Rights of the Child dictates that the interests
of children must be the primary consideration for all governmental
decisions. Governments, under the Convention, are also held
responsible for protecting children from information harmful
to their well being. Some Canadian schools, however, are encouraging
school children to believe in unproven theories and invalid
statistical studies on homosexuality. For example, in Quebec,
the homosexual organization, Gai Ecoute, urges children to
believe that 10% among them are homosexual for life, and states
in its pamphlets and posters that homosexuality "is not
catching, does not change, is like skin color
."
Children are not informed that thousands of American, European
and Asian ex-gays prove the contrary. There are many married
and new parents who have acknowledged that their homosexual
past was the result of false information or homosexual relations
at a young age encouraged by activists.
The
powerful homosexual lobby claims that homosexuality constitutes
a healthy alternative to heterosexuality. Experts demonstrate,
however, that many psychological troubles, illnesses and specific
sexually transmitted diseases afflict this sexual minority.
It is documented that almost one third of boys who adopt the
homosexual lifestyle will be HIV positive or dead before the
age of 30. They have the life span of a Canadian living in
1871. There is only 1% - 3% of the population which is homosexual,
and a vast majority of AIDS sufferers in Canada are homosexual.
The publisher and managing editor of the homosexual newspaper,
Capital Xtra, in an article published in the September
27, 2002 issue, confirms that the homosexual lifestyle is
much less healthy than that of straight men. The tragic health
problems associated with the homosexual lifestyle were also
acknowledged in an article in the March 2003 issue of the
homosexual magazine, TO BE.
Homosexual
parenting
The
UN Declaration on Human Rights notes that a family consists
of a man and a woman. This position also forms a part of the
UN Covenant on Civil and Political Rights. The UN Convention
on the Child recognizes, along with almost all of humanity,
that the traditional family constitutes the fundamental unit
of society and the natural environment in which children thrive
best. The Committee was thus asked to insist that Canada (state
party to the Convention) adhere to the Convention that the
fundamental right of all children to a mother and a father,
be respected. A 1996 Statistics Canada longitudinal study,
disclosed that children thrive best in an environment consisting
of their biological mother and father. Children who do not
have this advantage are far more likely to experience out-of-wedlock
pregnancy, poor school performance, early school drop-out
and difficulties with the law, etc. Children have the right
to the best chance in life.
A
world first
The
discussion of a country's problem with homosexual pressure
is a first for the UN Committee. Since its members are mandated
to ensure that the Convention is respected, the Committee
was urged by REAL Women to consult with experts able to counter
the false theories of activists and homosexuals, and also
able to explain invalid statistics used by some fifty American
studies favorable to homosexual parenting. Studies that expose
the problems with homosexual/lesbian parenting are being ignored
in Canada, the UN Committee was advised.
The
Canadian government will be asked to address these issues,
among others, when it submits its official report to the Committee
in Geneva in September 2003.
For further information:
C.
Gwendolyn Landolt
National Vice President
(905) 731-5425, (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
THE
ARROGANCE OF THE COURTS
Ottawa,
June 10, 2003
Predictably, the political appointees to the Ontario Court
of Appeal have used their unelected position to impose their
own vision on the country - a vision based not on the law,
but on their own politically correct ideology. In no other
nation, do the courts enjoy the power now held by the Canadian
courts which operate without any checks and balances. Consequently,
the Canadian courts are the only ones in the world that have
had the arrogance to change the definition of marriage.
The truth
is that judges do not have special or secret knowledge with
which to interpret the general and ill-defined words in the
Charter of Rights. Instead, judges come to the bench with
their own political and ideological axes to grind, and make
their decisions accordingly.
The decision
on the definition of marriage touches on social, political,
cultural, emotional and legal implications, that are extremely
complex. Yet, after scarcely six weeks' deliberation, the
judges of the Ontario Court of Appeal have handed down a decision
setting aside the heterosexual definition of marriage, which
latter transcends culture, religion and time. This decision
would be laughable if it were not so tragic.
The courts
are now knee-deep in public policy decisions, a function which
they are not set up to carry out because they do not have:
- access to the social facts of the issues as does Parliament;
- the luxury of time to adequately reflect on the issue;
- access to the research facilities available to Parliamentarians;
- access to the practical experiences of the public on
matters which are growing increasingly complex, economically,
socially and scientifically;
- the ability to evaluate the full range of policy alternatives
available to the government.
Consequently,
it is not possible for the courts to entirely grasp the long-range
implications and ramifications of the narrow arguments placed
before them by the litigants.
The appointed,
unaccountable courts should not be permitted to continue their
bizarre role of determining public policy.
To restore
democracy to Canada, Parliament must undertake a pre-emptive
strike by assuming its proper role of determining public policy,
by defining the legal definition of marriage, rather than
relinquishing this role to the unscreened, unscrutinized judges.
For further
information contact:
C. Gwendolyn
Landolt
National Vice President
(905) 731-5425,
(905) 787-0348
Diane Watts
Researcher
(613) 236-4001
L'ARROGANCE
DES COURS
Ottawa,
le 10 juin, 2003
Dans
une décision malheureusement prévue, les juges
de la cour d'appel d'Ontario ont employé leur position
non élue pour imposer leur propre vision au pays -
une vision basée non sur la loi, mais sur une idéologie
personelle, politiquement correcte, et apartenant à
eux mêmes. Malheureusement, les juges aux cours du Canada
ont, en ce moment, une puisance incroyable parce que nous
n'avons aucun critère de sélection, ni de processus
pour interviewer les candidats avant de les nommé aux
positions de pouvoir, ni de façon à corriger
leur décisions faites hors du point de vue du droit.
Cette situation n'existe dans aucune autre nation libre du
monde. Les cours canadiennes sont les seules dans le monde
qui ont eu l'arrogance de commander la rédéfinition
du mariage.
La vérité est que les juges n'ont pas une connaissance
omnisciente ou toute puissante avec laquelle ils peuvent rééinterprééter
des termes dans la Chartre des Droits. Mais la réalité
au Canada est que les juges viennent au banc avec leurs propres
haches à moudre, et politiques et idéologiques,
en vue desquels ils font leurs décisions.
La décision de la cour vis à vis la définition
du mariage emmenera des implications sociales, politiques,
culturelles, émotives et légales extrêmement
complexes. Cependant, après une délibération
de six semaines seulement, les juges de la cour d'appel de
l'Ontario ont donné leur décision mettant de
côté la définition hétérosexuelle
du mariage, en dépit de la culture, la religion et
l'histoire de la civilization humaine. Cette décision
serait risible si elle n'était pas si tragique.
Les cours se sont mêlé dans des décisions
de politique publique -- une fonction qu'elles sont incapable
d'effectuer parce qu'elles n'ont
-
ni accès aux faits sociologiques des issues de
même que le Parlement ;
- ni autant de temps de réfléchir en juste
proportion sur la question ;
- ni libre accès aux recherches comme les parlementaires;
- ni accès aux expéériences pratiques
des citoyens sur ces sujets qui deviennent de plus en plus
complexes du point de vue economique, sociale et scientifique;
et, enfin,
- ni la capacité d'évaluer la gamme complète
des solutions politiques qui sont disponibles au gouvernement.
En conséquence, il n'est pas possible que les cours
saisissent entièrement les implications et les consequences
à longue durée des arguments specifiques placées
devant eux par les plaideurs.
Les cours, peuplé par les juges nommés et indépendants
ne devraient pas être permits de continuer leur rôle
bizarre de déterminer la politique publique.
Pour réconstituer la démocratie et la justice
au Canada, le Parlement doit immédiatement rétablir
son rôle approprié de déterminer l'ordre
public, en réaffirmant une fois et pour tous la définition
légale du mariage, au lieu d'abandonner ce rôle
au non-élus, non-scruté, et inconnus juges des
cours du Canada.
Renseignements:
C. Gwendolyn
Landolt
Vice-président National
(905) 731-5425,
(905) 787-0348
Diane Watts
Chercheur
(613) 236-4001
UNCHECKED
POWER OF THE COURTS LEADS TO JUDGES DETERMINING PUBLIC POLICY
Ottawa,
Ontario May 1, 2003
The definition
of marriage as a union between a man and a woman has been
acknowledged and accepted throughout time by all the major
religions and cultures of the world.
The B.C.
Court of Appeal, in its supposed wisdom, has seen fit to strike
down this traditional definition of marriage after deliberating
for scarcely two months.
In defiance
of common sense, logic, reason, the law, or even the grave
implications to the fabric of society, the courts have capitulated
to the demands of special interest groups.
No other
court in the western world has assumed such power. For example,
the New Zealand Court of Appeal in Quilter et al. vs. the
Attorney General (New Zealand) (1998) held that marriage was
the union of a man and woman only. Nowhere else in the western
world have courts had the effrontery and arrogance to make
such revolutionary decisions on behalf of the public on an
issue which affects the foundations of society. The courts
in Canada have taken on policy decisions as un-elected politicians,
delving into the public arena without the slightest deference
to Parliament.
The myth
that judges are impartial has been shattered by this irresponsible
decision.
Contact
persons:
C. Gwendolyn
Landolt Tel. (905) 713-0354, 731-5425, 889-1993
Diane Watts Tel. (613) 236-4001
CURBING
THE POWER OF THE SUPREME COURT OF CANADA
February
24, 2003
Since the Charter of Rights came into effect in 1982, the
Supreme Court of Canada has, case by case, gradually widened
its jurisdiction so that it has now reached the apex of power
in Canada. In assuming this power, the Court has effectively
become a second level legislature, reducing the elected Parliament
to a secondary role in the political process.
With these assumed powers, the Supreme Court of Canada is
pushing ahead to interpret the Charter so as to rearrange
Canadian laws to fit the ideological and philosophical views
of its judges.
REAL Women of Canada has completed an analysis of this serious
problem with recommendations to resolve it. We acknowledge
that these recommendations will not completely resolve the
problem, but if implemented, they will at least begin the
process of restoring a more democratic system of government
in Canada.
Topics discussed in the booklet include:
- How did these Judges Achieve this Absolute Power?
- Astonishing Views of Some Judges
- Judges are Merely Well-connected Lawyers
- Judges as Politicians
- Suggestions for Curbing the Power of this Court
This analysis can be obtained electronically by emailing to:
realwcto@interlog.com. It is also posted on our website: www.realwomenca.com.
A hard copy can be obtained from our National office: REAL
Women of Canada, P.O. Box 8813, Station T, Ottawa, ON K1G
3J1 Tel: (613) 236-4001, Fax: (613) 236-7203, email: realwcna@on.aibn.com
Contact
person:
C. Gwendolyn Landolt
Tel. (905) 731-5425
, (905) 787-0348
Diane Watts
(613) 236-4001
Martin
Cauchon's Con Game on the Child Pornography Amendments
December 12, 2002
It would appear that Martin Cauchon has done a con job regarding
his proposed amendments to the Child Pornography law.
On December 5, with great fanfare, Mr. Cauchon announced amendments
to the Child Pornography Law. In particular, he proposed removing
from a charge of child pornography, the defence of "artistic
merit or an educational or medical purpose," and replace it
with the single defence that the material must be shown to
serve the "public good."
The defence of serving the "public good," however, has always
been a defence in regard to a charge of pornography, so there
is nothing new in the use of the term in pornography cases.
The problem is the courts over the years have interpreted
the expression "serving the public good" as meaning that material
has artistic or literary merit, or served an educational,
medical or scientific purpose! That is, although the actual
words, "artistic merit," etc., have been deleted from the
child pornography provision in the Criminal Code, it is still
there, clothed in the term "public good," so there is little
improvement at all.
There is only one minor improvement provided by Mr. Cauchon's
amendments in that the defence of public good cannot be successful
where the risk of harm outweighs any public good it does.
Unfortunately, there is nothing in the proposed amendment
to provide our judicially activist liberal judges from determining
in their wisdom that not all child pornography is bad or risky
and, therefore, to conclude that the supposed artistic merit
outweighs the "risk". So much for Mr. Cauchon's proposed amendment.
In effect, Mr. Cauchon has done a con job with regard to the
proposed child pornography amendments. He has done so despite
the findings of his own Liberal government's polling company,
Pollara, which found in May 2002, when polling on the question
whether artistic merit should be recognized as a defence in
child pornography, that 74% rejected it as a defence.
The Liberal government has once again shown that it cares
little about the views of the Canadian public. Its policies
are absolutely out of touch.
C. Gwendolyn Landolt
National Vice President
(905) 731-5425 (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
WHY
IS THE LIBERAL GOVERNMENT LIBERALIZING CANADA'S DRUG LAWS?
December
10, 2002
One
has to wonder why the Liberal government is so intent on liberalizing
our current drug laws including the decriminalizing of marijuana.
The House of Commons Committee on Drug Use, which report will
be released this Thursday and the Senate Committee Report
on Marijuana which was released in September, were set up
only to provide the excuse for the government to liberalize
the drug laws which it had intended to do all along.
The Auditor General, Sheila Fraser, in her report tabled in
February 2001, severely criticized the federal government
for its fundamental failure in leadership and coordination
in respect to Canada's current drug policy of enforcement,
education and treatment. In fact, according to Ms. Fraser,
there has been a deliberate and steady decline in funding
to implement Canada's drug policies in the past few years.
Instead of making our drug laws more effective, the Liberal
government has failed to enforce them in order to provide
the excuse to change them by placing an emphasis on harm reduction,
which is merely a creative re-naming of policies liberalizing
drug laws.
European experience on harm reduction policies has shown beyond
doubt that the decriminalization of marijuana, free needle
exchanges and heroin injection sites recommended in the government's
Committee report, will only serve to widen access to drugs
to the detriment of the drug users themselves and to society.
For example, marijuana use increased 250% in the Netherlands
when it liberalized its drug law in 1976 and liberal drug
policies in Switzerland has resulted in Swiss adolescents
using more drugs per capita than any other country in western
Europe. This has grave significance in view of more and more
medical evidence indicating that marijuana is not an innocuous
drug but causes many medical problems such as increased cancer
risk and pulmonary damage.
Further, European and Australian experience has shown that
needle exchanges and drug injection sites serve as "honey
pots" or meeting points for drug users and dealers since
they are "no-go" areas for police. They undermine
treatment programs and result in higher drug use, crime, prostitution
and the spread of HIV/AIDS. Not surprisingly, they also lead
to a demise of businesses in these areas because of the dangers
resulting from increased crime and the absence of police enforcement.
The problem with a liberalized drug policy is that drug use
increases always and everywhere when drugs are available without
legal sanction. In short, the law serves as a deterrent. To
many, what is legal becomes acceptable and once legal sanctions
are removed, there is a greatly increased use of drugs. Drug
use is not just a matter of lifestyle choice. The proven answer
to drug addiction is deterrent legislation, backed by well-funded,
sound public education and proper enforcement of the law,
as well as the wide availability of treatment centers. Such
action is the truly compassionate and human response to the
problem.
So why is the Liberal government so eager to liberalize our
drug laws? The only explanation is that it is responding to
the demands of special interest groups and political activists
who will gain by the wide availability of drugs. Certainly
Canadian society and definitely our young people will not
receive any benefits from these proposed changes in our drug
laws.
C. Gwendolyn Landolt
National Vice President
(905) 731-5425 (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
CHILD
PORNOGRAPHY AND THE PUBLIC GOOD
December
5, 2002
The
decision announced today by the Minister of Justice to remove
the defence to a charge of child pornography that it had "artistic
merit or an educational or medical purpose," and replace
it with the single defence that the work must be shown to
serve the "public good," is a vast improvement in
the child pornography legislation.
This conclusion is based on the fact that it is difficult
to believe that the exploitation of children by pornography
can ever possibly serve the "public good." However,
anything is possible with our liberal judges today and it
would have been far preferable to simply remove all defenses
for child pornography.
REAL Women is also pleased that the proposed amendments to
the Criminal Code include the creation of a new category of
offence - namely that of "sexual exploitation."
This offence should provide some protection for children between
14 and 18 years of age from exploitative relationships by
the manipulation of young people by older persons or pimps
- a protection long overdue.
On the other hand, the amendments have failed to include the
raising of the age of consent for sexual activity from the
present 14 years of age to, at the very least, 16 years of
age. This failure makes no sense at all since young people
under 16 years are currently prohibited from purchasing alcohol
or cigarettes and are protected under our criminal justice
system until 18 years of age. Why are 14 year olds deemed
responsible to enter into sexual activity which can create
such long range problems and repercussions, including sexually
transmitted diseases (STD), AIDS and pregnancy - problems
which can stalk them for the rest of their lives? It makes
no sense at all in comparison to the other protections given
them.
The proposed amendments to the Criminal Code are an improvement,
but the law on sexual offenses against young people remains
as unfinished business since the age of consent still remains
at 14 years.
C. Gwendolyn Landolt
National Vice President
(905) 731-5425 (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
Bill
C-10 PROTECTS ANIMAL LIFE BUT NOT HUMAN LIFE
October
31, 2002
One
of the most peculiar bills ever, Bill C-10, is making its
way through Parliament. It is at second reading stage in the
Senate. This Bill deals with two completely unrelated issues,
which are cruelty to animals and firearms control. The only
common thread between these two issues is that both are driven
by the lobbying of powerful, well-funded special interest
groups.
Bill
C-10 will amend the Criminal Code to broaden protection previously
provided only to persons and property, which also included
animals, so as to move animals out of the property category,
and make animals into beings in their own right, worthy and
needy of separate protection under the Code.
The
Bill provides that anyone who kills or causes suffering, injury
or pain to an animal, which is defined as a vertebrate, other
than human being, that has the capacity to feel pain, will
be subject to a maximum penalty of five years imprisonment.
Yet the same Criminal Code now provides no protection whatsoever
for pre-born human children who similarly feel pain and suffer.
Pre-born children can be killed anytime up to birth without
penalty under the law, without any protection from the Criminal
Code.
Further,
for those who kill by way of Infanticide, defined in the Code
as the killing of a newly born child by its mother, the maximum
penalty for that offense is also five years' imprisonment.
The penalty will be the same as for killing or abusing an
animal.
It
seems the Liberal Government lacks concern for and understanding
of the dignity and value of human life, pre-born or newly
born. The Liberal government seems to have a greater compassion
for animals.
This
Bill indicates that the time is now overdue to extend, at
the very least, the same protection to pre-born human life
as is now being extended to animals.
The
provisions in Bill C-10 regarding firearms are as perplexing
and disturbing as the animal cruelty provisions. The sponsor
of the Bill, Senator Mobina Jaffer, claimed that the reason
for the firearms provision in Bill C-10 was to protect women,
whom, she alleges, are particularly at risk from domestic
violence and homicide. In her speech on October 22, 2002,
she stated "A vast majority of domestic homicides are committed
by rifles and shotguns."
In
fact, according to Statistics Canada's Canadian Centre for
Justice Statistics for the year 1994, which data supported
the Firearms Bill when it was passed in 1995, the number of
women killed by firearms by their spouses or intimate partners
was 23. In sharp contrast, 157 men were also killed by firearms
that same year. So much for "gender" feminist social policies.
Bill
C-10 should be amended to permit legal protection for the
pre-born human child, and to protect men who also appear to
be an endangered species.
C. Gwendolyn Landolt
National Vice President
(905) 731-5425 (905) 787-0348
Diane Watts
Researcher
(613) 236-4001
REASONABLE
PARENTAL DISCIPLINE CHALLENGED
October
18, 2002
Non-experts
who think they know more than parents are using taxpayers'
money by way of the Federal Court Challenges Program to once
again challenge Section 43 of the Criminal Code that provides
that parents may spank their children if it is reasonable
under the circumstances.
The
Supreme Court of Canada has granted Leave to Appeal on October
17, 2002 for the Canadian Foundation for Children, Youth and
the Law to bring a final challenge to overturn this law. Section
43 has permitted parents to teach and guide their children
to learn right from wrong for over a century. Children are
not adults, their consciences must be formed by parental direction.
Parents, not the state, must decide how they will raise their
children, providing it is reasonable. The lower court has
found that there is no causal relationship between the outcome
of a child's subsequent behaviour and whether or not he/she
was spanked. Consequently, these non-experts are using the
courts to impose on Canadians a particular method of child
rearing with which, according to all national polls, Canadians
do not agree.
REAL
Women will apply to intervene in the case as it has in the
lower courts in a coalition called Coalition for Family Autonomy,
consisting of Focus on the Family, The Home School Legal Defence
Association and REAL Women of Canada.
Lorraine McNamara
National President
(905) 723-5195
Diane Watts
Researcher
(613) 236-4001
PUBLIC
NUDITY IN GAY PARADE
September
26, 2002
Enclosed
is a letter that our organization has sent today to Mr. David
Young, the Attorney General of Ontario, in connection with
the withdrawal, by the Crown Prosecutor, of the public nudity
charges that were laid against seven participants at the Gay
Pride Parade 2002.
No
thinking person would ever consider that these men marching
in the Parade were not breaking the nudity law simply because
they were wearing shoes, the reason given for the withdrawal
of the charges. The public display of nudity at the Gay Pride
Parade is contrary to community standards of tolerance, especially
when minors under the age of 14 were present. It also interferes
with the ordinary and peaceful enjoyment of the streets.
The
problem clearly lies with the Crown's office. It has led to
a political decision rather than a legal one.
We
take this matter very seriously and are not prepared to ignore
this matter which has thrown the administration of justice
into disrepute.
For further information contact:
C. Gwendolyn Landolt
National Vice President
(905) 731-5425
(905) 787-0348
Diane Watts
Researcher
(613) 236-4001
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