Life in Canada

What is currently the greatest threat to our democracy and Parliament? Without a doubt in my view: the Supreme Court of Canada.

Some would say, “No, no – it is the Harper government, with its concealment of basic issues in omnibus budget bills, its muzzling of committees and public servants, and its concentration of power in the PMO.” And there is a point there, as with all recent governments. The difference between the government and the Supreme Court, however, is that we can get rid of governments every few years, if so inclined. Whatever threat they might pose is a controllable one.

But the court? Doesn’t it simply interpret the law? Would that such were true. Lately it has turned to the making of law, a task to which it is neither mandated nor suited. The judges can do this through their control over the Constitution and its exact meaning. This power was awarded in the 1982 Trudeauvian amendments, the court replacing Parliament as the highest authority in the land.

The Constitution has long been considered to be read in the context of growing 'developing realities'. Controlled by an elected Parliament. Ever since, the shears (and fertilizer and grafting) have been wielded by the unelected Supreme Court of Canada.

Three recent decisions will serve to illustrate the ensuing power grab. These are the striking of the Criminal Code ban against euthanasia, the refusal of the Supremes to accept the appointment of Justice Marc Nadon of Quebec to their own ranks, and a finding regarding the right of RCMP members to unionize. The issues vary widely, but the common thread is the accretion of power to the court.

Two questions, then. First, who changed that law? Why, none other than the judges. They make it up continually. Second, what body should have grasped whatever changes had occurred? Why, Parliament, of course. That Parliament shows cowardly and pusillanimous tendencies is no reason for the court to do the MPs’ proper work. But the Supreme Court Judges do it because they can.