Archive | When Judges make law – who needs elections? RSS feed for this section

Feinstein – “Isn’t that enough for the in People of the United States…?”

14 Mar

Diane Feinstein is Not a Sixth Grader…

Nor a constitutional genius…leave it to the courts…

The Law as a Tool for the State

11 Mar

Not exactly the original intent…

An unspoken war on the Common Law

…judge Sir John Fortescue wrote that English law is ‘not only good but the best’ (1), contrasting the public jury trial of the English court with the torture-ridden, summary and secret proceedings on the Continent. In the 1700s, jurist William Blackstone argued that while Continental law fomented ‘arbitrary and despotic power’, the Common Law preserved the liberty of ‘even the meanest subject’

At base, such arbitrary power changes the very role of the law. The primary role of law becomes not the protection of citizens against the power of the state, but a tool for the state to use against citizens.Law becomes, say Roberts and Stratton, a weapon for the police rather than a shield for the innocent.

As in England, so too in Canada and the US…

Spiked

Who Needs God and Elected Officials…

7 Mar

When you have a Supreme Court…

Court decision a blow to free speech

…Whatcott broke no laws, assaulted no person and caused no material damage to any person or property.   He did, apparently, offend the sensibilities of an individual which, while not a civil or criminal offense, is a “human rights” offense, under Canada’s Pierre Trudeau-inspired Human Rights Commissions. Sticks, stones and now names can hurt you.

…In other words, our Supreme Court has ruled that because someone fears harm may be done by speech, but the extent of that harm is not demonstrable, no proof of harm is required to bring about the full force of the law.

Once we depended on the courts to protect us from the Crown.  It seems unlikely we can ever depend on the Crown to protect us from the court.  From now on, be careful what you say.

 

Canada’s Supreme Court makes laws and confers rights…

Penticton Western News

“I’d rather follow God than seven socialists who wear black robes”…

28 Feb

The Truth is Not a Defense…

“I’m very concerned regarding the state of religious liberty and free speech in this country in light of this ruling.”

Supreme Court strikes down part of Saskatchewan human rights code, but rules against pamphleteer –

In narrowing the definition of Saskatchewan’s hate speech laws, the Supreme Court set out a test to act as a guide for other provinces when viewing hatred in the context of a prohibition of expression: whether a reasonable person would view it as likely to expose a person or persons to “detestation and vilification on the basis of a prohibited ground of discrimination.”

Free Speech in Canada… unless its “likely” to hurt someone’s feelings – Canada’s lawyers can’t wait for the new billings…

Sun News TV, Montreal Gazzette

RCMP – Collars, Cuffs and Percussion…

28 Aug

Out an RCMP officer into S&M and you can expect a visit from his pals with their own cuffs and floggers to take you on your very own musical ride… Pierre Trudeau would be proud.

Watchdogs fear RCMP raid of blogger’s home ‘suspicious’

Michael Vonn, policy director for the BC Civil Liberties Association, said this type of warrant is rarely used.
“Almost invariably when it’s invoked, it’s a critic of the police,’’ Vonn said. “This should concern all Canadians.”
Police investigating a crime against themselves creates “a massive accountability deficit here.”

 

Apparently Trudeau’s Charter ain’t worth the parchment it’s printed on…

          Section 2: Everyone has the following fundamental freedoms:

  • (a) freedom of conscience and religion;
  • (bfreedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
  • (c) freedom of peaceful assembly; and
  • (d) freedom of association.

    Section 8:   Everyone has the right to be secure against unreasonable search or seizure.

     

    Sun News TV

They Didn’t Have Wives and Daughters They Cared About?

19 Jul

Aton Scalia dismembers a Liberal on Roe v Wade and the US Constitution…

“I don’t have public views on what is legal and what is not, I have public views on what the Constitution prohibits and what it allows…”

And it doesn’t say anything about allowing abortion “rights”

Piers Morgan should go back England where someone may watch him

h/t Power Line, Videoruffle

Were it otherwise, the Green Party itself would have little reason to exist.

19 Jul

The Green Party has little reason to exist anyway, other than to give a few slack-lining hippies and rent-seeking commies something to do on election day – and provide stark and silly contrast to the mostly practical and sensible policies of the Harper government. And peeling off a few points from the Socialists in the Liberals and the Stateist NDP – thereby propelling the Conservative candidate to the office he already won.

Adam Goldenberg may wax eloquent about franchise and democracy, but his premise is less about giving fringe voters a voice and all about getting those voters motivated to get to the polls (something they probably wouldn’t bother to do..) in the hope they’ll throw in with Libs.  If Goldenberg were honest, his concern would be about the Supreme Court silencing the voices 50,000 plus valid voters , in favour of a handful of questionable ballots, and some incompetence on the part of Elections Canada.

As Canada moves to a two party system, the Blue and Trudeau Liberals from Toronto and Montreal are going to have to make choice – play dog in the manger, dig in their heels and support socialists to spite the Conservatives-and vote against their self interest – or admit that since dropping the “Progressive” side of the party, the Conservatives have governed well, instituted and executed good policy and served them well.

It’s the Liberals and the Greens that have little reason to exist – and time for Canadians to have, and make, a choice between the liberty of the Conservative Party, and the tyranny of the NDP.

Globe and Mail

But Marion disagreed, noting the bed and breakfast was not run by a church…

18 Jul

From the “Travel” section of the Vancouver Sun…

Gay couple wins human rights battle after reservation cancelled at B.C. B&B

The case began when Eadie phoned Susan Molnar to make a reservation to stay in a room with a single bed at the bed and breakfast.

But Susan Molnar was concerned that she may have just rented the room to a same-sex couple, so Les Molnar called Eadie back to ask if he and Thomas were gay.

Eadie affirmed they were, to which Molnar says he replied that that staying at his house was “not going to work out.”

Eadie responded by saying “wow,” and hung up the phone. He testified he found the exchange quite disturbing.

At the tribunal hearing, the Molnars, devout Christians who regularly attend church, argued they had a constitutionally protected right to freedom of religion, and that the cancellation of the reservation was justified on this basis.

Their mistake of course was telling truth, and being Christian... Too bad they weren’t Muslims

Vancouver Sun

 

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