Saturday, January 08, 2005

Judicial Activism Debate on Decline?


A story published in today's Globe and Mail, is a glowing example of liberal spin. The entire article from start to finish extols the virtues of liberal activist Judges, while brushing aside criticism as coming from right-wing lobby groups. When the article does lend criticism, it does so only to point out where the bench is not doing enough to rewrite our laws.

The whole point of living in a democracy is that one person gets one vote to say how they wish to be governed. Elected officials are accountable, because if they do the opposite of what they say or what they stand for they get voted out. Liberal activist judges are not accountable. Voters do not get a say as to who becomes a judge. When a judge strikes down a law, or rewrites a law through opinionated rulings, it renders irrelevant the whole concept of democracy.

Take the example of child pornography. The vast majority of Canadians would agree we do not want adults having sex with our children. We do not want adults taking pictures of our children posing naked and we do not want adults writing fantasy stories about romantic encounters of adults engaging in sex acts with our children. We elect politicians to write laws to protect the children of our country and we expect the judges to enforce the laws that our politicians write. The British Columbia Supreme Court ruling in R v. Sharpe struck down Canada's child porn law, saying it violated a persons freedom of expression. Robin Sharp, the subject of the case was quoted as saying, "A person should be allowed to possess anything, even if it's images of an eight-year-old being raped and cut up."

Not everyone has a long memory and alot of the most distasteful examples judicial activism are now a few years old. The anger of Canadians may have even subsided a little, but this not the beginning of a downward trend.

The Globe and Mail should not confuse a perceived decline in the debate over judicial activism with the calm before a storm.

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