Harper's American Style Neo-Con Stance on Judicial Activism

My Letter to the Globe and Mail
Re: January 19, 2006 article:
"Harper Warns of Activist Judges"
I agree with Mr. Cotler who is quoted in this article as saying "it is irresponsible for a political leader to be impugning the independence and the integrity of the very institutions he should be protecting."

Up until now, the role of judges in Canadian society has not been an issue here. That is because most Canadians understand the concept of separation of powers and the essential role it plays in any democracy.

The one group who has conducted a strikingly similar, but much more ferocious barrage of attacks against judicial activism, are the conservatives in the United States. Their interest in the topic began at about the same time as the courts outlawed school segregation, against the better judgment of the legislature at the time. Thanks to the unrelenting concern of U.S. conservatives about judicial activism and other such issues, the Executive in the United States is enjoying greater power than ever before.

As they did in Brown v. Board of Education in the United States, the courts are often more forward-thinking than the politicians of the day who are mired in public opinion on matters that can affect the life, dignity and human rights of minority groups, but which are unpopular to the majority of voters. Sometimes judicial activism is necessary to prevent tyranny of the majority.

Any Canadians who have become concerned about the nominations process here, should take a look at the Ministry of Justice website which clearly sets out a new process instituted by Mr. Cotler in which all electoral parties are involved in choosing our Supreme Court judges on the basis of merit and length of service.

Above all, I find it interesting that Mr. Harper has decided that judicial activism suddenly has become an issue of utmost concern to Canadians. Let's leave public opinion wrangling where it belongs - in Texas.

If a politician hasn't shown his real cards until after the game is won, can he ever assert that he has any mandate whatsoever to make change?

Upcoming Elections

To those of you out there right now who are sorry that the Liberals have gotten themselves into such a quagmire and who are looking for a change, I would say - rather than voting Conservative - why not vote for the NDP who more closely represent the values of Canadian society?

Stephen Harper is pro-privatization and, as we have seen in the United States, privatization of health care and education are the two crosses upon which the middle class have been crucified over there.

In my previous posts I have strongly advocated that privatizing Canada's health care system is not the answer to any problems (real or concocted by the media) with our current health care system. What will happen is this: slowly more and more private clinics will start trickling in. At first, the wealthy will go to them and pay big bucks for their services, but the government will find itself footing more and more of the bill, and losing more and more control over costs and service provision. Eventually health care costs will skyrocket (precisely as they have in the U.S.) and the public coffers will be on the hook for those expenses. At that point, the right wing will argue that public health care is too costly and payment for services for everyone will start being capped. The excess expense that most people can't afford will open the door wide to private insurance plans (we are already seeing ads for them on TV).

Once there are private clinics and health plans, no government will be able to put their foot down and say ENOUGH. Not to mention that Canada's health care plan was specifically protected by NAFTA negotiators from U.S. corporate takeover - under only one condition - the whole system has to remain publicly funded, or else NAFTA will kick in, and any public benefits given to Canadian health service providers will be considered a restraint of trade.

This is why we need to say ENOUGH to Stephen Harper right now before he gets any public support. My big question is why have the media not followed up and forced Harper to reveal his underlying intentions which were clearly stated when he was involved with the National Citizen's Coalition? Why have the media not called him on his cozy relationship with the rightwing conservatives in the U.S. which have been propping up Bush all these years?

Even this whole busines of Paul Martin having to distance himself from Buzz Hargrove because he doesn't want to be seen as questioning Harper's patriotism - EXCUSE ME - THE GUY WAS INVOLVED WITH A SEPARATIST ORGANIZATION!!!! This is becoming dangerously like the United States where any critics who are TELLING THE TRUTH ABOUT A RIGHT WINGER'S INTENTIONS are forced to cower into the shadows as IF THEY'VE DONE SOMETHING WRONG in speaking up!!!

What ever happened to democratic debate!?

If Harper gets into office on the basis of a platform which does not clearly articulate his intentions, then he has absolutely no mandate from the Canadian public to make changes here.

Privatization of schools in the U.S. have resulted in a huge gap between the quality of education of the rich and poor. It has also resulted in unintended economic consequences which result in millions of Americans pouring all of their financial resources into houses they can't afford in order to be in the district of a good school. In the U.S. the number one determinant of real estate prices is proximity to schools.

Is this the kind of society we want to have in Canada? I want to SHOUT "NO" - it is not what we want here - and we need to wise up real quick if we think the Americans have found a better way of doing things.

We have to say "NO" to a backward slide towards conservative policies here in Canada!