Any country governed by a constitution must have a system which interprets, applies, and enforces it’s rules. Since Canada, like the U.S. relies on it’s superior courts to for this role, this has led to the perception that they have unprecedented power. In actual fact all they are doing is fulfilling their duty as designated by law.
How is it the court’s fault that politicians have not taken the time to understand what their own constitution says? Politicians blaming the courts for decisions they don’t like is akin to blaming a police officer for giving you a speeding ticket when your going twice the limit. They know, or should know the law, why were they trying to circumvent it?
It is important that a constitution’s interpretation not be subject to the whims of political fashion, or subject to one groups belief system. As much as possible it should be a middle ground which extreme beliefs break upon like waves on a breakwater.
Inevitably neither side of the political spectrum is ever happy with the arbitrator. But as it is not the court’s job to please them or appease any particular philosophy their complaints sound more like sour grapes than anything else.
Although Canada and The United States have different styles of governance we share the same basic tenet: the rule of law as set forth in our constitutions and our respective Bills of Rights. Canada’s constitution guarantees everybody equal access to all the privileges of citizenship. Unless they are revoked due to behaviour counter the laws that govern the country no person shall be hindered from participating to the fullest extent in our society.
The job of Canada’s Houses of Parliament is to enact laws that respect that sentiment. It remains for the judiciary to define and ensure compliance. For better or worse both countries have chosen a variation on this theme to be their means of governance. We may not always like it, but until something better comes along, we should all be grateful for what we have, and try to make it work. Life would be a lot easier that way.
Article comments
1 - Steve S
Spain just legalized gay marriage too. It should kick in, within 2 weeks.
Pretty soon it will only be Christian and Taliban controlled countries that prohibit equality for all citizens.
2 - Tristan
One quick little correction, though I almost wonder why I am even posting it. You said the three branches of government were "The President, The Legislative, and The Judiciary". It's the executive branch, not the President. This branch encompasses more than just the office of the presidency. I don't really want to spend time just splitting hairs so I'll end it there. Good post.
3 - gypsyman
Tristan,
OOPS! And I just watched mars attacks!(2 out of three aint bad) Well I guess for a guy who only took one year of American history 22 years ago I'm entiteled to one error.
gypsyman