Tuesday, July 17, 2007

Where Do We Stand? (Part 1)

As a followup to my last posting and the comment it received, I'd like to expand on some of my thoughts. My previous posting dealt only with the criminal "justice" system. But this post deals with the larger issue of where things stand here in Canada. I approach this question from the viewpoint of a conservative Christian, but many of the points I'll raise can be seen by others. One does not need to have my worldview to understand something is wrong and to agree with at least some of my points. Each point will be somewhat lengthy, so I'll be making multiple posts over multiple days. So here goes... where do things stand here in Canada?

We have an unaccountable, activist, judicial elite. That our judiciary is unaccountable to the Canadian people is clear from the number of insane rulings our courts produce. As we saw in my last posting, fifty bricks of cocaine gets thrown out as evidence, as if it didn't exist because all of a sudden an unaccountable judge decides a search warrant is needed. Why now? Why is a search warrant needed when a Customs Officer has reasonable suspicion of a crime? Clearly the judge in question is putting herself at the forefront of judicial activism. She's now decided that a search warrant is needed and that's that. For those who are unfamiliar, judicial activism refers to our judges taking existing laws and interpreting them in new ways so as to essentially provide new meaning. And since most judges have been appointed by social liberals, judicial activism provides a way for the political left to move their agenda ahead without the influence of the elected representatives of the Canadian people.

So our judiciary is unaccountable and activist. But is it an elite? Look at the uproar when the present government suggested that the police should have a role in deciding who should become a judge. No, the only people who are qualified to nominate judges are those who are currently part of the legal system. To my way of thinking this is the very definition of an elite. But it goes farther. Ontario provincial government salaries over a certain level are a matter of public record. So go online and find out what a judge makes. Then compare this to the people the judges serve. Financially our judiciary is part of an elite. But they are also an elite because they don't share the same experience as the rest of us, or more specifically the same experience as those other people who deal with criminals. If judges had the same chances of getting hurt as a cop, I'll bet we would have less judges turning criminals out on the street. We have an unaccountable, activist, judicial elite. The Americans have two of the same problems. They have an activist judicial elite, but at least it's elected and thus accountable to the people. No (for the knee jerk anti-American crowd) we don't have to do the same as the Americans. There are other ways to make our judiciary accountable. But the first problem I'll mention is our unaccountable, activist judicial elite. So long as it continues, the insanity continues. All of this might seem quite acceptable to the judiciary and to the political left, but there are many Canadians who are intelligent, educated, patriotic and who feel poorly served by the current "justice" system.


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