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Supreme Court usurps Parliament.


FROM CHRISTIAN VIRTUES TO JUDICIAL VALUES

Canada's Charter of Rights has forever altered the system of government in Canada: it has led to judicial activism Noun 1. judicial activism - an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
broad interpretation
 and an emasculated e·mas·cu·late  
tr.v. e·mas·cu·lat·ed, e·mas·cu·lat·ing, e·mas·cu·lates
1. To castrate.

2. To deprive of strength or vigor; weaken.

adj.
Deprived of virility, strength, or vigor.
 Parliament, and has set Canada on the road to totalitarianism. An overly bleak picture, you say? No, a realistic assessment, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Dr. Ian Hunter Ian Hunter is the name of:
  • Ian Hunter (actor), a British character actor
  • Ian Hunter (cricketer), a cricketer with Derbyshire County Cricket Club
  • Ian Hunter (impresario) (1919-2003), British classical music impresario
, professor emeritus of law from the University of Western Ontario Western is one of Canada's leading universities, ranked #1 in the Globe and Mail University Report Card 2005 for overall quality of education.[2] It ranked #3 among medical-doctoral level universities according to Maclean's Magazine 2005 University Rankings. , and author of The Three Faces of Law: A Christian Perspective (reviewed in CI, Oct. '96). In a superb address delivered November for the 1998 George Goth Memorial Lecture in London, Prof. Hunter examines the effect of the Charter on Canada's democracy (a subject touched upon in a stinging critique of Supreme Court Justice Antonio Lamer Joseph Antonio Charles Lamer, PC , CC , CD , LL.D , D.U., known as Antonio Lamer (born July 8, 1933) is a Canadian lawyer and former Chief Justice of Canada. Personal life  by Edward McBride, CI, Sept. '98). The George Goth Memorial Lectures, begun in

1991, are named in honour of a well-known London intellectual and pastor at London's Metropolitan United Church for nearly 40 years. Dr. Hunter's address, dedicated to "the glory of God", to George Goth, and to a recently deceased personal friend John Hoover, is printed below.

You have conferred an honour upon me by your invitation to deliver the 1998 George Goth Memorial lecture; I want you to know that I am very grateful. My topic is: From Christian Virtues to Judicial Values.

Now, the topic I have chosen is a sobering one with far-reaching consequences, because underlying everything I shall say tonight is a fundamental question: "Is Canada any longer a democracy?" By "democracy" I mean no more and no less than the Oxford English Dictionary Oxford English Dictionary

(OED) great multi-volume historical dictionary of English. [Br. Hist.: Caught in the Web of Words]

See : Lexicography
 definition: "A State practising government by the people, direct or representative". If Canada cannot accurately be so described, and since 1982 I shall contend that it is doubtful that it can be, what are, the duties and responsibilities of Christians in Canada? That is the final question I shall reach.

But first one must ask: How can such a question even arise? Prior to April 17, 1982, such a question could not legitimately be raised. From Confederation until 1982 Canada had a system of representative government, with a sovereign parliament freely and democratically elected. That is not to say that Canada was always governed well; sometimes she was governed well, sometimes ill, but always she was governed by the elected representatives of the people. Issues of public policy were determined by legislators who, at least quadrennially quad·ren·ni·al  
adj.
1. Happening once in four years.

2. Lasting for four years.



quad·renni·al n.
, were required to account for their policies to the electorate who had voted them into office.

Our parliamentary system A parliamentary system, also known as parliamentarianism (and parliamentarism in U.S. English), is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. , our Constitution, which the B.N.A. Act unashamedly un·a·shamed  
adj.
Feeling or showing no remorse, shame, or embarrassment:



una·sham
 described as "similar in principle to that of the United Kingdom", and our common law, all derived from the "mother of parliaments" at Westminster. In that parliamentary system were three branches of government--legislative, executive and judicial--and each branch had separate and defined duties and responsibilities. One branch was not to usurp u·surp  
v. u·surped, u·surp·ing, u·surps

v.tr.
1. To seize and hold (the power or rights of another, for example) by force and without legal authority. See Synonyms at appropriate.

2.
 the prerogatives of another branch.

Charter of Rights

The Charter of Rights and Freedoms, a by-product by·prod·uct or by-prod·uct  
n.
1. Something produced in the making of something else.

2. A secondary result; a side effect.


by-product
Noun

1.
 of Prime Minister Pierre Trudeau's 1982 patriation package, fundamentally changed 115 years of Canadian constitutional history. Essentially, the Charter meant a shift from a system of parliamentary supremacy to one of constitutional supremacy. Since April 17, 1982, it is the Charter of Rights, not parliament, which is sovereign, "the supreme law of the land", to use the language of section 52 of the Constitution Act. The Canadian electorate still goes to the polls quadrennially, but it is now judges, not legislators, who decide such important issues of public policy as abortion, euthanasia, and even the legitimacy of Quebec secession.

To put my point bluntly: in 1982 Canada ceased to be governed by parliamentary supremacy and instead became a country of constitutional supremacy. Well, constitutional supremacy sounds fine; what's wrong with that? What's wrong is that constitutions are not self-interpreting. They require to be interpreted. The interpretation function falls to an unelected judiciary, finally to the nine judges of the Supreme Court of Canada The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1] . These judges have now had a decade and a half to interpret the Charter. What has happened?

What has happened is that the judiciary has moved from being the least powerful branch of government to, arguably, the most powerful. Decision-making by the courts is the antithesis of democracy. The court is unelected, nine appointed men and women, all drawn from the same profession, milieu, and background, accountable to no one, and enjoying security of tenure until age seventy-five.

Human Rights Commission

The ideology which spawned the Charter of Rights also gave us provincial and federal human rights commissions. These Commissions, and their puppet tribunals, pose a graver threat to the rule of law than Chief Justice Lord Hewart imagined when, back in the 1930s, he wrote his famous treatise, The New Despotism despotism, government by an absolute ruler unchecked by effective constitutional limits to his power. In Greek usage, a despot was ruler of a household and master of its slaves. .

Under the aegis of such tribunals, Canada has become a country where citizens are jailed for their beliefs (cf. Canada Human Rights Commission v. John Ross Taylor

For other people named John Taylor, see John Taylor (disambiguation).
John Ross Taylor (ca. 1910 - November 6 1994) was a prominent Canadian neo-Nazi leader.
, where Professor Phillippe Rushton was threatened with dismissal and subjected to the modern equivalent of the Spanish Inquisition Spanish Inquisition

harsh tribunal established in 1478 to dispose of heretics, Protestants, and Jews. [Eur. Hist.: Collier’s, X, 259]

See : Persecution
 because his research ran counter to politically correct politically correct Politically sensitive adjective Referring to language reflecting awareness and sensitivity to another person's physical, mental, cultural, or other disadvantages or deviations from a norm; a person is not mentally retarded, but  orthodoxy; and where the duly elected Mayor of London This article is about the elected mayor of Greater London. For the City of London mayor, see Lord Mayor of London.
The Mayor of London is an elected politician in London. The role, created in 2000, was the first directly-elected mayor in the United Kingdom.
 was ordered to issue a civic proclamation which ran counter to her own religious beliefs).

The latest decision of the Canadian Human Rights Commission The Canadian Human Rights Commission was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal  in July 1998 may prove to be a watershed; it has been estimated that to implement the pay equity ruling will cost taxpayers approximately 5 billion dollars--$1,500 on average per family. Will Canada bankrupt itself to satiate sa·ti·ate  
tr.v. sa·ti·at·ed, sa·ti·at·ing, sa·ti·ates
1. To satisfy (an appetite or desire) fully.

2. To satisfy to excess.

adj.
Filled to satisfaction.
 a worn-out ideological imperative? We must wait and see. My guess is that it will.

When we turn to the pronouncements of our highest court, the Supreme Court of Canada, we discover that since the Charter their judgements have, in many cases, ceased to be law, and have become instead a random collection of the judges' personal and ideological predilections. The feminist wing of the court, when led by Madame Justice Bertha Wilson Bertha Wernham Wilson, CC (b. September 18 1923, Kirkcaldy, Fife, Scotland - d. April 28 2007, Ottawa, Ontario, Canada) was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada. , developed an explicit ideology: judges who did not defer to it were simply told to butt out.

In her judgement in Regina v. Morgentaler, Judge Wilson wondered if men were capable of understanding abortion, or even qualified to express any opinion on the issue.

In Regina v. Lavallee, she changed the law on self-defence to allow a woman to kill an abusive spouse because otherwise jurors might ask the awkward question, which she called "a myth", namely if the battered woman is dissatisfied at home why doesn't she leave home?

And while on the topic of myths, Madam Justice L'HeureuxDube in Regina v. Seaboyer and Gayme denounced what she called "the stereotypical myth" that men who rape women are not normal men. The corollary, which we are asked to accept as judicial truth, is one of the favourite lies of feminism, namely that all men are actual or potential rapists.

Now judicial hubris Hubris

An arrogance due to excessive pride and an insolence toward others. A classic character flaw of a trader or investor.
 is not a uniquely Canadian phenomenon. Robert H. Bork, former Appeal Court Justice and Supreme Court nominee in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , raised similar issues in his book Slouching slouch  
v. slouched, slouch·ing, slouch·es

v.intr.
1. To sit, stand, or walk with an awkward, drooping, excessively relaxed posture.

2. To droop or hang carelessly, as a hat.

v.
 Toward Gomorrah. After discussing several similar U.S. cases, Justice Bork wrote: "Our country is being radically altered, step by step, by Justices who are not following any law." And Mr. Justice Scalia, a sitting member of the U.S. Supreme Court, recently wrote: "What secret knowledge, one must wonder, is breathed into lawyers when they become justices of this Court. Day by day, case by case, [the Court] is busy designing a constitution for a country I do not recognise."

I have called this lecture: From Christian Virtues to Judicial Values. Now let me define my terms.

Virtues

For two thousand years philosophers have measured societies and individuals by the yardstick of virtue. Plato and Aristotle talked of four cardinal, or foundational, virtues: justice (or rectitude), wisdom, courage (or fortitude) and moderation (or self-control). But what are the Christian virtues? Well, I count ten separate places in the New Testament where we are given a list of Christian virtues. Best known, perhaps, is Galatians 5: 22 where St. Paul St. Paul

as a missionary he fearlessly confronts the “perils of waters, of robbers, in the city, in the wilderness.” [N.T.: II Cor. 11:26]

See : Bravery
 enumerates: "love, joy, peace, patience, kindness, goodness, fidelity, gentleness, self-control". To this list could be added "truth and innocence" (2 Corinthians 6:6); "humility and charity" (Ephesians 4:2); "compassion" (Colossians 3:12); "purity, justice, piety" (1 Timothy 4:12); "integrity" (2 Timothy 2:22); and "fortitude under persecution" (2 Timothy 3:11).

Let me, then, repeat these Christian virtues in a comprehensive list-- by my count nineteen Christian virtues specifically cited in the New Testament: love, joy, peace, patience, kindness, goodness, fidelity, gentleness, self-control, truth, innocence, humility, charity, compassion, purity, justice, piety, integrity, and fortitude under persecution.

Now when I examine the decisions of Canadian Courts, particularly Charter decisions of the Supreme Court of Canada, here is what strikes me: I would not expect the list of what the Court calls "judicial values" to be identical to the list of "Christian virtues" which I have just enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. ; but I would anticipate substantial overlap. If I gave any two people in this audience a slip of paper and a pencil and told each to go off and write down a list of virtues, I would not expect the two lists produced lobe identical. But I would expect substantial overlap; perhaps 5 or 7 of the virtues to be the same. Now here is the interesting thing: except for "justice", a word used by the courts in a sense very different from the biblical usage, where it really means "righteousness", there is no overlap between Christian virtues and what the Canadian Courts have identified as Charter values. This is the more remarkable when we remember that Canadian common law was shaped by Judeo-Christian precepts.

What then are the "judicial values" which Canadian Courts have articulated? Again I have made a summary list, mostly drawn from Supreme Court decisions: "human flourishing; individual self-fulfilment, privacy, respect for human dignity, diversity, multiculturalism; self-expression, freedom, autonomy, enhancing participation in society, tolerance". But trumping all else, according to our Courts, is "Equality".

Ronald Dworkin has called our stage of liberal democracy "law's empire", and judges are its emperors. If this be so, these emperors know nothing of the God of Abraham God of Abraham (Yiddish:גאָט פֿון אַבֿרהם , pronounced Gott fun Avrohom) is a traditional Hasidic Jewish prayer recited in Yiddish before the Havdalah service after the conclusion of , Isaac and Jacob. It is to the great god Equality that all Canadians must bend the knee. Unlike the Christian virtues which point to an objective reality, one attribute of God, the judicial values envisage man as the ultimate measure of all things; the common element of the judicial values is narcissism narcissism (närsĭs`ĭzəm), Freudian term, drawn from the Greek myth of Narcissus, indicating an exclusive self-absorption. In psychoanalysis, narcissism is considered a normal stage in the development of children. . Put simply, the Christian virtues exemplify a spiritual view of life; the judicial values exemplify a secular view of life.

The transition from the language of virtues to the language of "values" has infected even the churches. Although it makes my flesh crawl to hear it, one often hears ministers talk of Christian "values". But "values" is a weasel word, a corrupting word for a corrupt society. Values exist only if there is someone to value them; they are self-dependent, self-referential. Virtues exist because they are attributes of God; they are not dependent upon our existence. We did not create them. Virtues are inherently meritorious whether the speaker acknowledges them or not, whether fifty percent plus one vote for them or not. Virtues are what we are, what we do; your virtue is your character. It does not depend upon what you say you value, but what you are and do.

The challenge is greater if we speak of virtues rather than values. Virtues are not boy-scout pledges or spiritual bromides. They are simple, they are uncompromising, they demand the highest of us. When Allan Rock talks about Canadian "values," he means being nice to minorities, embracing multiculturalism, not telling jokes which women may find offensive. When the Bible talks about virtues, it talks about the soul of a man, what he is when all pretence and all humbug is stripped away.

I am currently reviewing for Christian Week a new book by David Aikman, former senior foreign correspondent for Time magazine. The book is called Great Souls: Six Who Changed the Twentieth Century. Aikman explains that when he set out to discover which men and women had had the most profound impact in the last half of the twentieth century, he was astonished a·ston·ish  
tr.v. as·ton·ished, as·ton·ish·ing, as·ton·ish·es
To fill with sudden wonder or amazement. See Synonyms at surprise.
 to conclude that the overriding quality which marked each of his subjects as exceptional was a particular virtue. He identified each of his subjects with that one overriding virtue which had been for him or her a lifelong preoccupation. Here are Aikman's subjects and the virtue he identifies with each:

Billy Graham--Salvation; Nelson Mandela--Forgiveness; Alexander Solzhenitsyn--Truth: Mother Teresa--Compassion; Pope John Paul Pope John Paul is the name of two Popes of the Roman Catholic Church:
  • Pope John Paul I (1978), who named himself in honor of his predecessors, Pope John XXIII and Pope Paul VI. Reigned for only 34 calendar days
  • Pope John Paul II (1978–2005), the only Polish Pope.
 II--Human dignity; Elie Wiesel-Remembrance.

Aikman writes that each of his subjects has exemplified that virtue so faithfully that "its importance [for the entire human race] is likely to resonate not just into the next millennium, but for as long as the human race continues to survive and keep records of its history."

Let me turn now to one or two illustrative Charter cases. The Charter of Rights to date has had its most profound impact in criminal law.

Perverse rulings: case one

A man named Wesley Evans confessed to two particularly sadistic sa·dism  
n.
1. The deriving of sexual gratification or the tendency to derive sexual gratification from inflicting pain or emotional abuse on others.

2. The deriving of pleasure, or the tendency to derive pleasure, from cruelty.
 murders of women in Vancouver; he had cut their throats. He told the police that he was frustrated by women, that he had enjoyed doing it, and would like to do it again.

Now Wesley Evans has a low I.Q., about 60.

The Vancouver police, when they arrested Wesley Evans, had advised him of his right to counsel prior to questioning him. But the Supreme Court was concerned that because of his limited I.Q. he may not have understood.

The Court found this a violation of Evans' Charter Rights (section 10(b)); now what to do? Section 24(2) says to exclude the evidence if its admission would bring the administration of justice into disrepute dis·re·pute  
n.
Damage to or loss of reputation.


disrepute
Noun

a loss or lack of good reputation

Noun 1.
.

In the B.C. Court of Appeal, Madam Justice Southin wrote: "If there be anything more likely by every rational community standard to bring the administration of justice into disrepute than letting this accused, a self-confessed killer, go free to kill again on the basis of an infringement of the Charter Right to counsel, I do not know what it is."

But the Supreme Court of Canada did not agree. By a unanimous (5-0) vote, they acquitted Wesley Evans and returned him to the streets of Vancouver.

Case two

A man named John Randall Borden brutally raped a sixty-nine-year-old woman in a senior citizens' home in Nova Scotia. I can say that without fear of contradiction, beyond not just the "reasonable doubt" required for criminal conviction, but beyond any scientific doubt, because of DNA testing DNA testing
Analysis of DNA (the genetic component of cells) in order to determine changes in genes that may indicate a specific disorder.

Mentioned in: Acoustic Neuroma, Retinoblastoma, Von Willebrand Disease
 of semen samples which proved (to a probability factor of many millions to one) that Borden was the rapist. Borden, however, was not arrested for this brutal rape, but for another sexual assault, this time on an exotic dancer in New Glasgow, Nova Scotia New Glasgow (2006 pop.: 9,455[1]), is the largest town in Pictou County, Nova Scotia, Canada. It is situated on the banks of the East River, which flows into Pictou Harbour and the Northumberland Strait, and which was once a commercial trade route. . When the police asked Borden for hair samples for DNA testing, they were investigating the assault on the exotic dancer, and Borden consented. Later, when police began to suspect Borden in the rape of the elderly woman, and they compared the DNA DNA: see nucleic acid.
DNA
 or deoxyribonucleic acid

One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes.
 results; sure enough, Borden was the rapist.

The Nova Scotia Court of Appeal The Nova Scotia Court of Appeal is the court of appeal in the province of Nova Scotia, Canada. There are nine Justices, one Chief Justice, and two supernumerary (semi-retired) Justices. The court sits in Halifax, which is the capital of Nova Scotia.  held that the DNA evidence Among the many new tools that science has provided for the analysis of forensic evidence is the powerful and controversial analysis of deoxyribonucleic acid, or DNA, the material that makes up the genetic code of most organisms. , gathered for the purpose of one investigation, could not be looked at by the police for the purposes of another investigation. The dissenting Judge, J.A. Freeman, wrote:

"The [justice] system is [here] made to appear to be incapable of convicting a person shown to be guilty of a serious violent crime by highly reliable evidence."

The Crown appealed to the Supreme Court of Canada. In October, 1994 the Supreme Court unanimously (7 - 0) held that the D.N.A. evidence was inadmissible That which, according to established legal principles, cannot be received into evidence at a trial for consideration by the jury or judge in reaching a determination of the action. . Borden's consent was not "valid" because he did not realize the police might use the evidence in another investigation. Borden was acquitted.

What's wrong with the Charter?

Why has judicial interpretation of the Charter proved so perverse? Let me suggest three answers to this question.

1. First, a Charter of Rights wrongly conceives the problem. Since John Stuart Mill's essay On Liberty we have come to conceive of liberty in individualistic terms, a view the Canadian Charter embodies. The individual needs protection against the tyranny of the majority The phrase tyranny of the majority, used in discussing systems of democracy and majority rule, is a criticism of the scenario in which decisions made by a majority under that system would place that majority's interests so far above a minority's interest as to be comparable in , and so we enact a Charter of Rights to achieve that.

But the claim to individual liberty very often masks harm to the collectivity; we are not just atomised individuals, we are also members of a community, citizens of a society. The individual's claim to liberty, albeit expressed in the high-minded rhetoric of rights, often conceals selfish, sometimes perverse, interests. The lone, brave individual standing his ground against the menacing, omnipotent State was John Stuart Mill's archetype archetype (är`kĭtīp') [Gr. arch=first, typos=mold], term whose earlier meaning, "original model," or "prototype," has been enlarged by C. G. Jung and by several contemporary literary critics.  and it is powerful mythology; the sadistic criminal going free, and making citizens ever more fearful in their own homes, is the common reality.

2. A second reason why the Charter is pernicious is that it forestalls true political debate. The appropriate level of restraint on individual liberties is, or should be, a fundamental political question. But in Canada such debate does not occur: it is reduced to one person claiming, "I have a right to-- abortion on demand, assisted suicide assisted suicide: see euthanasia. , same sex benefits..." (you fill in the blanks), to which the only response is either acquiescence, or "No, you don't". Ultimately all such issues are now resolved by Courts. Such a puerile puerile /pu·er·ile/ (pu´er-il) pertaining to childhood or to children; childish.  approach to deep philosophic questions is consistent with what I often think to be the governing dynamic of life in Canada--the principle of infantile regression--but it does immeasurable harm to the possibility of mature political discourse. It also inflates judicial hubris.

3. Finally, I suggest to you that the Charter fundamentally misconceives the problem. I do not believe that our liberties are threatened by devils in Ottawa, or by pigs in police uniforms, not very often by tyrannous majorities. The problem is within ourselves, whether each of us can discern and live by an appropriate balance between freedom and restraint, between liberty and licence, between indulgence and self-discipline.

You remember Alexander Solzhenitsyn, the noblest man of our century. The lesson Solzhenitsyn learned in the freezing darkness of the labour camps of the Gulag Gulag, system of forced-labor prison camps in the USSR, from the Russian acronym [GULag] for the Main Directorate of Corrective Labor Camps, a department of the Soviet secret police (originally the Cheka; subsequently the GPU, OGPU, NKVD, MVD, and finally the KGB).  Archipelago was that the line between good and evil ran not between nations, not between States, not even between ideologies, but right down the centre of each and every human heart. So, too, does the line between rights and responsibilities. The Charter is just the most recent Utopian attempt, in a long, futile and mostly sordid history of such attempts, to legislate what cannot be legislated. Hugh Kingsmill expressed my point admirably in the introduction to his neglected masterpiece, The Poisoned Crown:

"What is divine in man is elusive and impalpable impalpable /im·pal·pa·ble/ (im-pal´pah-b'l) not detectable by touch.

impalpable

not detectable by touch.
, and he is easily tempted to embody it in a collective form - a church, a country, a social system, a leader, [a Charter], so that he may realize it with less effort and serve it with more profit. Yet ... the attempt to externalize externalize

see exteriorize.
 the Kingdom of Heaven in a temporal form must end in disaster. It cannot be created by charters or constitutions, nor established by arms. Those who set out for it alone will reach it together and those who seek it in company will perish by themselves."

Impact on Christians

I expect that many of you will agree with me that the Supreme Court decisions I have mentioned are pernicious, and that each had a deleterious effect on Canadian society. But none was especially pernicious, or had any differential impact, on Christians. Alas, the same cannot be said of the Supreme Court's decisions in Morgentaler (1988), Borowski (1989), Daigle (1989), Rodriguez (1994) and Vriend (1998). These decisions all treat directly of issues -- abortion, euthanasia, homosexuality - upon which Christians, by their profession of faith, cannot be neutral.

Christians owe allegiance to Caesar, but we have it on the authority of our Lord himself, that we owe dual allegiance: to Caesar, yes, but more important, to God. Christians have dual citizenship; we belong to the city of man but also to St. Augustine's City of God. So John begins the first chapter of the book of Revelation by describing himself as "in the island that is called Patmos and in the kingdom of Jesus Christ" (Revelation 1:9). When it comes to issues like abortion and euthanasia, Christians cannot escape their dual citizenship: we are of the country that is called Canada, but of the kingdom that is called Christ.

In the Rodriguez case in 1994 the Supreme Court of Canada came within one vote of creating an unregulated right to physician-assisted suicide. The secular wasteland in which the Supreme Court of Canada struggles to articulate "judicial values" is perfectly captured by these words of our Chief Justice, Antonio Lamer:

"Can the right to choose at issue here, that is the right to choose suicide, be described as an advantage of which the appellant is being deprived? In my opinion, the Court should answer this question without reference to the philosophical and theological considerations fuelling the debate on the morality of suicide or euthanasia. It should consider the question before it from a legal perspective ... while keeping in mind that the Charter has established the essentially secular nature of Canadian society."

Ladies and Gentlemen, it is difficult not to shudder when one contemplates what a trivial conception of human life our judges have. No God, no soul, no good and evil, no right or wrong, just consumers making choices, including the choice to take one's own life. "No man is an island entire of himself", wrote the poet John Donne, "Any man's death diminishes me because I am involved in mankind". Our judges are not involved in mankind, they are involved in vapid rights rhetoric.

New conflicts

There are several specific areas where Christian virtues come into increasing conflict with current judicial values. Let me enumerate To count or list one by one. For example, an enumerated data type defines a list of all possible values for a variable, and no other value can then be placed into it. See device enumeration and ENUM.  some of them.

* Judicial equation of homosexuality and heterosexuality het·er·o·sex·u·al·i·ty
n.
Erotic attraction, predisposition, or sexual behavior between persons of the opposite sex.


heterosexuality 
 

Speaking in a United Church I need not point out the sensitivities on both sides of this issue, nor its potential for divisiveness.

If the Vriend decision has not already done so, it is safe to predict that Canadian law will soon equate homosexuality and heterosexuality. Christians will then have to come to terms with the issue. What do the scriptures say? What does Canadian law say? If these are in conflict, what will be the response of a church, a religious school, or a day-care centre, for example, to the homosexual who challenges a decision not to employ him?

* Parental religious instruction of children

There are recent cases where, following a divorce, the Courts have prohibited one parent from exposing the child to his or her religious beliefs -- or even taking the child to church with him -- ostensibly os·ten·si·ble  
adj.
Represented or appearing as such; ostensive: His ostensible purpose was charity, but his real goal was popularity.
 because it might "confuse" the child.

The Courts' view of religion appears increasingly to be this: you may hold whatever beliefs you wish, so long as you do not proclaim them.

Indeed given the depth of the court's commitment to the proposition that Canada is now a secular society, and that religion is a personal, often idiosyncratic id·i·o·syn·cra·sy  
n. pl. id·i·o·syn·cra·sies
1. A structural or behavioral characteristic peculiar to an individual or group.

2. A physiological or temperamental peculiarity.

3.
, aberration; and given that many opinion-makers today would go further and say that religious belief is itself a sign of neurosis neurosis, in psychiatry, a broad category of psychological disturbance, encompassing various mild forms of mental disorder. Until fairly recently, the term neurosis was broadly employed in contrast with psychosis, which denoted much more severe, debilitating mental  or underlying personality disorder personality disorder

Mental disorder that is marked by deeply ingrained and lasting patterns of inflexible, maladaptive, or antisocial behaviour to the degree that an individual's social or occupational functioning is impaired.
, the day may be close at hand when parents will be precluded, ostensibly for the best interests of the child, from exposing their children to any religious belief.

Our time left is short, so let me just itemise Verb 1. itemise - place on a list of items; "itemize one's tax deductions"
itemize

number, list - enumerate; "We must number the names of the great mathematicians"

2.
 other areas of conflict:

* religious observance and instruction in public schools;

* the rights of denominational schools;

* Christian home-schooling, which is under simultaneous attack from provincial governments and from the courts;

* whatever vestige vestige /ves·tige/ (ves´tij) the remnant of a structure that functioned in a previous stage of species or individual development.vestig´ial

ves·tige
n.
 of Sunday observance legislation survives in a society where Wal-Mart is now God;

* tax exemptions for church property;

* charitable status for Christian organisations. Already Revenue Canada has refused Human Life International charitable status because of that organisation's pro-life advocacy;

* legislation prohibiting picketing at or near abortion clinics. In Canada we already have a prisoner of conscience Prisoner of conscience (POC) is a term coined by the human rights pressure group Amnesty International in the early 1960s. It can refer to anyone imprisoned because of their race, religion, color, language, sexual orientation, or belief, so long as they have not used or advocated , a grandmother named Linda Gibbons Famous people named Gibbons include:
  • Beth Gibbons (born 1965), British singer
  • Billy Gibbons, guitarist for ZZ Top
  • Cedric Gibbons (1893–1960), American art director
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, because of this invidious in·vid·i·ous  
adj.
1. Tending to rouse ill will, animosity, or resentment: invidious accusations.

2.
 legislation brought in by former Attorney-General Marion Boyd;

* class action lawsuits class action lawsuit

A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax
 against denominations; for example, a class action suit was brought within the last month which seeks 1.2 billion dollars in damages against the Anglican Church of Canada on behalf of alleged victims of sexual abuse at a residential school near Brantford. Such lawsuits are often a combination of revisionist history combined with recovered, or false, memory syndrome. Denominations which are eager to issue apologies in advance of proof may find themselves facing bankruptcy -- yet this caution does not seem to have inhibited the flood of anticipatory apologies from church headquarters.

It is important that we consider all of these issues free from the wrong notions that many Canadian Christians still hold about law and government; such as the myth that Canada is a Christian country; or the notion that churches enjoy some special immunity or protection in law; or that churches can set their own ecclesiastical rules free from state or judicial interference. Such dangerous myths have often embroiled em·broil  
tr.v. em·broiled, em·broil·ing, em·broils
1. To involve in argument, contention, or hostile actions: "Avoid . . .
 churches in divisive, costly, and ultimately unsuccessful litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
.

What lessons can we learn?

Having considered the Charter's deleterious effect on Canadian law, and having enumerated some flashpoint issues which should be of special concern to Christians, what lessons should we learn?

Advisedly, I use the word "lessons", not conclusions. What I am now about to say is so far-reaching in its consequences, raises such profound moral and political issues, that I do not want to be misunderstood. I am asking genuine questions; I am not advocating positions. I raise four questions. It is right that Canadian Christians should ask these questions. It would be wrong for us to be cavalier or dogmatic about the right answers. Here are my four questions:

1 My opening question: Is Canada, circa 1998, in any meaningful sense of the word, a democracy?

2 Have we reached, or are we in danger of reaching, a point where conscientious Christians will no longer find themselves able to give tacit consent to the existing governance?

3 If the Courts continue to insist upon a secular interpretation of Canadian law, one divorced from our Judeo-Christian heritage, what is an appropriate Christian response?

4 If the state demands, either directly or indirectly (e.g. through taxation to finance abortions), what the law of God forbids, can the faithful Christian comply?

Well, I have posed my four questions. I do not have answers. But, in closing, I have some thoughts we might reflect on as we try to think about answers.

First, I wish to express my agreement with Charles Colson who recently wrote: "Given the demonstrated animus Animus - ["Constraint-Based Animation: The Implementation of Temporal Constraints in the Animus System", R. Duisberg, PhD Thesis U Washington 1986].  of the current judicial regime against believers--a showdown between Church and State may be inevitable. This is not something for which Christians should hope. But it is something for which Christians need to prepare."

I submit that any approach which offers some remediatory promise, short of individual acts of Christian civil disobedience civil disobedience, refusal to obey a law or follow a policy believed to be unjust. Practitioners of civil disobediance basing their actions on moral right and usually employ the nonviolent technique of passive resistance in order to bring wider attention to the , should be considered and tested. Having said that, I believe that Christian civil disobedience is countenanced in some cases; Pope John Paul II Pope John Paul II (Latin: Ioannes Paulus PP. II, Italian: Giovanni Paolo II, Polish: Jan Paweł II) born Karol Józef Wojtyła  , writing in the encyclical encyclical, originally, a pastoral letter sent out by a bishop, now a solemn papal letter, meant to inform the whole church on some particular matter of importance. Benedict XIV circulated the first known encyclical in 1740.  Evangelium vitae, said:

"Abortion and euthanasia are crimes which no human law can claim to legitimatise. There is no obligation in conscience to obey such laws; instead there is a grave and clear obligation to oppose them by conscientious objection" (Section 133).

When that holy and righteous man, John Paul 11, speaks from St. Peter's chair in Rome, and mandates Christian disobedience to law in certain areas, it behooves all Christians -- of whatever denomination -- to listen attentively.

In Canada we have one advantage over the United States in that our Charter includes section 33, the so-called "notwithstanding" clause. This section says that the Parliament of Canada The Parliament of Canada is Canada's legislative branch, seated at Parliament Hill in Ottawa, Ontario. According to Section 17 of the Constitution Act, 1867, Parliament consists of three components: the Sovereign, the Senate, and the House of Commons. , or any provincial legislature, may override specified sections of the Charter, if that government is prepared to take the political heat involved in doing so. To date the only government which has consistently demonstrated the political courage to invoke section 33 has been the government of Quebec. The Klein government in Alberta promised to invoke s. 33 prior to the Vriend decision, but backed down almost the moment the Supreme Court decision was released. But in theory, if not in practise, section 33 provides a mechanism for re-asserting the popular will in the face of judicial oligarchy oligarchy (ŏl`əgärkē) [Gr.,=rule by the few], rule by a few members of a community or group. When referring to governments, the classical definition of oligarchy, as given for example by Aristotle, is of government by a few, usually .

Another step, again one suggested by Charles Colson, is that the Christian church "separate herself and declare her independence, disavowing any moral legitimacy indirectly or unofficially provided for the state in the past. Through its teaching and preaching office the church would need to expose the nature of the state's rebellion against God--in effect, bringing the state under the transcendent judgement of God."

I am not sure just how this might be accomplished. Will the desiccated des·ic·cate  
v. des·ic·cat·ed, des·ic·cat·ing, des·ic·cates

v.tr.
1. To dry out thoroughly.

2. To preserve (foods) by removing the moisture. See Synonyms at dry.

3.
 Protestant mainline churches be willing to risk the most feared accusation of our time--that of being "intolerant", or "conservative", or "judgmental judg·men·tal  
adj.
1. Of, relating to, or dependent on judgment: a judgmental error.

2. Inclined to make judgments, especially moral or personal ones:
"--in order to state clearly and without equivocation the precepts of orthodox, scriptural Christianity? And will individual churches, their ministers and their congregations, be willing to risk their tax-exempt status by taking a public stand against what is happening in Canada? I doubt it, but I live in hope that with God all things are possible.

At the end of his influential book After Virtue, Oxford philosopher Alasdair Maclntyre points out that there came a day in the history of the Roman Empire when it lost the allegiance of its ordinary citizens; Maclntyre writes: "Men and women of good will turned aside from the task of shoring up the Roman imperium IMPERIUM. The right to command, which includes the right to employ the force of the state to enforce the laws; this is one of the principal attributes of the power of the executive. 1 Toull. n. 58.  and ceased to identify the continuation of civility and moral community with that imperium". At minimum, I am suggesting that we are at that point among conscientious Christians today. If that is correct then we need to take to heart what the apostle Paul told the church at Philippi: to be "in no way intimidated by your opponents". We need to take that counsel to heart.

Last on my list--but first in importance--we must pray. Pray that we will have the wisdom to discern what is happening to our country and the courage to know how to respond to it. Pray as if our lives, and our children's lives, depended on it. For the truth is, that they do.

Ladies and Gentlemen, that is where I had planned to end. But, just the other day, I was again leafing through one of the formative books in my life--C. S. Lewis's Mere Christianity--when I came across this short passage; this is the centenary of Lewis' birth, and next week is the 35th anniversary of his death, so I should like to conclude with these words of C. S. Lewis:

"Enemy-occupied territory--that is what this world is. Christianity is the story of how the rightful king has landed, you might say landed in disguise, and is calling us all to take part in a great campaign of sabotage."
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Title Annotation:Ian Hunter address
Author:HUNTER, IAN
Publication:Catholic Insight
Article Type:Transcript
Geographic Code:1CANA
Date:Mar 1, 1999
Words:5174
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