"One should doubtless keep an open mind...though open at both ends, like the food pipe, and have a capacity for excretion as well as intake." -- Northrop Frye, 'The Great Code'
Tuesday, May 6, 2014
The "Court Party" and Canada's corrupt judicial appointments system
I seem to be a minority, but i confess to not being a member of the Beverly Mclachlin fan club. She assuredly is a distinguished jurist, but one with a determined political view which she is not shy about using to her advantage. She even boasted as much to a meeting of the Canadian Bar Association. Many of the decisions of her court have included very interpretive readings of the Canadian constitution. In the Nadaon affair, I think her and her colleagues came perilously close to using a black ball against the appointment, simply because he wasn't the "right sort of chap" for their exclusive club. What really concerns me is that so many Canadians would willfully hand over enormous power and influence to an unelected official. Since appointed Chief Justice by J Chretien in 2000, there are no few restrictions or checks on her powers.
The citizens of Upper and Lower Canada went to great extremes in 1837, to ensure the rights of responsible government over appointed officials. I think they would be disappointed how readily most are in the 21 century to surrender these hard won rights and accept the rulings of unelected judges.
I have no time at all for a far left "progressive" like McLaughlin, she's obviously a dangerous power mad ideologue, but the real blame lies with that dictatorial asshole Pierre Trudeau. It was Trudeau who, without consent, consultation, or a mandate from Canadians imposed his Charter of arbitrary "rights and Freedoms" and handed all statutory and "constitutional" powers to an unelected unaccountable star chamber. The Trudeau Charter should be scrapped as a constitutional document as it is a total assault on the British Parliamentary system Canada inhereted and on democracy itself. The fact that the "Supreme Court" has been politicized was inevitable. The imposed Trudeau Charter was always a dangerous undemocratic bit of vandalism on Canadas democratic governance.
Mcglauchlin is a conservative appointment (Mulroney). The Charter is not just a Trudeau document. It was consented to by Conservative giants like Peter Lougheed.
It would be interesting to investigate a possible link between Beverly McLachlin and lawyer Rocco Galati. I think it’s entirely plausible that McLachlin could have suggested to Galati to submit a challenge to the appointment of Marc Nadon with the assurance that if it came before the SCC, she’d make sure his challenge would succeed. In other words, McLachlin approached McKay about Nadon. Didn’t get satisfaction. Nadon was appointed and McLachlin whispers in Galati’s ear…. Seems like typical ‘progressive’ modus operandi.
McLachlin would not even have to whisper in Galati's, he was champing at the bit to oppose the appointment along with many other liberals. Here's what C Blatchford wrote:
"If it all sounds just a little incestuous, that’s only because it is. The judiciary in this country is a very small club." Her whole column is here:
http:fullcomment.nationalpost.com/2014/05/02/chief-justice-could-have-avoided-catfight-with-pmo-by-recusing-herself-from-nadon-ruling/ What continues to shock is the support for McLachlin, about 92% or so, higher at CBC. It is as if this woman can in no way be misguided, or out of order, only the PM can be completely wrong. Notice the comments under the Blatchford column, Pretty scary considering this woman has never been elected to office at any level. She wants to have maximum influence on Canadian lives without the bother of running for election.
For Anon above... Trudeau, nor Loughheed, nor any other Premier in the country had a mandate to impose the Trudeau Charter. The imposed Trudeau Charter was signed by 3 "francophones" from Quebec and the Queen. The imposed Trudeau Charter was never ratified, scrutinized, or understood by the Canadian public. The imposed Trudeau Charter is an ideological straightjacket imposed by an ideological madman. McLaughlin is behaving exactly the way Trudeau envisioned, like an unaccountable tyrant who hides behind the facade of "rights and freedoms".
I seem to be a minority, but i confess to not being a member of the Beverly Mclachlin fan club. She assuredly is a distinguished jurist, but one with a determined political view which she is not shy about using to her advantage. She even boasted as much to a meeting of the Canadian Bar Association. Many of the decisions of her court have included very interpretive readings of the Canadian constitution.
ReplyDeleteIn the Nadaon affair, I think her and her colleagues came perilously close to using a black ball against the appointment, simply because he wasn't the "right sort of chap" for their exclusive club.
What really concerns me is that so many Canadians would willfully hand over enormous power and influence to an unelected official. Since appointed Chief Justice by J Chretien in 2000, there are no few restrictions or checks on her powers.
The citizens of Upper and Lower Canada went to great extremes in 1837, to ensure the rights of responsible government over appointed officials. I think they would be disappointed how readily most are in the 21 century to surrender these hard won rights and accept the rulings of unelected judges.
I have no time at all for a far left "progressive" like McLaughlin, she's obviously a dangerous power mad ideologue, but the real blame lies with that dictatorial asshole Pierre Trudeau. It was Trudeau who, without consent, consultation, or a mandate from Canadians imposed his Charter of arbitrary "rights and Freedoms" and handed all statutory and "constitutional" powers to an unelected unaccountable star chamber. The Trudeau Charter should be scrapped as a constitutional document as it is a total assault on the British Parliamentary system Canada inhereted and on democracy itself. The fact that the "Supreme Court" has been politicized was inevitable. The imposed Trudeau Charter was always a dangerous undemocratic bit of vandalism on Canadas democratic governance.
ReplyDeleteMcglauchlin is a conservative appointment (Mulroney). The Charter is not just a Trudeau document. It was consented to by Conservative giants like Peter Lougheed.
ReplyDeleteI can just hear the screaming if our best PM Harper had taken the call
ReplyDeleteI am quite happy with the decision PM Harper made
fhl
I,too,have little use for the progressive elitist McLachlin.She was appointed to the SCC in 1989 by Mulroney,and made Chief in 2000, under Chretien.
ReplyDeleteAs said above, Nadon wasn't one of her type of people,an outsider,so she torpedoed his appointment.
McLachlin would make a seamless transition to UN Sec'y General, one of the same type.
It would be interesting to investigate a possible link between Beverly McLachlin and lawyer Rocco Galati. I think it’s entirely plausible that McLachlin could have suggested to Galati to submit a challenge to the appointment of Marc Nadon with the assurance that if it came before the SCC, she’d make sure his challenge would succeed.
ReplyDeleteIn other words, McLachlin approached McKay about Nadon. Didn’t get satisfaction. Nadon was appointed and McLachlin whispers in Galati’s ear…. Seems like typical ‘progressive’ modus operandi.
McLachlin would not even have to whisper in Galati's, he was champing at the bit to oppose the appointment along with many other liberals.
ReplyDeleteHere's what C Blatchford wrote:
"If it all sounds just a little incestuous, that’s only because it is. The judiciary in this country is a very small club."
Her whole column is here:
http:fullcomment.nationalpost.com/2014/05/02/chief-justice-could-have-avoided-catfight-with-pmo-by-recusing-herself-from-nadon-ruling/
What continues to shock is the support for McLachlin, about 92% or so, higher at CBC. It is as if this woman can in no way be misguided, or out of order, only the PM can be completely wrong.
Notice the comments under the Blatchford column, Pretty scary considering this woman has never been elected to office at any level. She wants to have maximum influence on Canadian lives without the bother of running for election.
For Anon above... Trudeau, nor Loughheed, nor any other Premier in the country had a mandate to impose the Trudeau Charter. The imposed Trudeau Charter was signed by 3 "francophones" from Quebec and the Queen. The imposed Trudeau Charter was never ratified, scrutinized, or understood by the Canadian public. The imposed Trudeau Charter is an ideological straightjacket imposed by an ideological madman. McLaughlin is behaving exactly the way Trudeau envisioned, like an unaccountable tyrant who hides behind the facade of "rights and freedoms".
ReplyDelete