Majeres' Musings

Jan 13, 2006 at 00:10 o\clock

First the "Not Withstanding Clause" issue, and yes, I am back, chronic illnesses suck.

by: majere

Friday at 0010 in the morning eating perrogies.

First, the Charter and Constitution is the directive from the people of Canada which tells the elected officials how to run the country and the elected officials bounderies.

Get it?

The Charter is from the poeple, not from lawyering politicians.

It was the lawyering politicians that wanted the "Clause" in case they could not control the populace in general terms.  The politicians control escape valve would be to use the "Clause" to remove Charter Rights which enable more Parlimentary power over the populace.  Remember Bush and Co. (para phrase) you have to give up some Rights so we can protect you against those scary fearfull boogey men (terrorists).  In a nutshell of course, more power to the elected officials over us. 

Unfortunately, the tipping point for the populace at large to regain control of elected officials is long past.

Unless, the "Clause" is removed.  Good or Bad, Fearfull or Joy?

Fear from the Cons, a desperate move on the Libs part.  Politicians relinquishing a control valve. 

Fear from the Courts?  Sorry.  If a Canadian does not understand that Courts can only uphold laws and strike down bad ones.  Courts cannot make laws.  Only Parliament can create or modify laws.

Fear from the slippery slope that Courts could bring in a law such as abortion or Poligamy is a fallacy.  Courts do not make laws, remember?  Only Parliament can.

Courts can only strike down bad laws.   How this would lead to the lack of womens in general choice is a stretch of ignorance.  

Too bad there are many that lack the knowledge of their own Constitution and Charter.  Just think, a knowledgeable populace properly educated in our Countries educational system......now THAT would put fear into Politicians hearts.

cheers :) majere

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