In short?
Not very healthy is our standing.
In fact, it's deeply troubling how utterly useless our judiciary has been to uphold and protect the rights of Canadians.
Why bother having a judiciary if all it does is take 'judicial notice' and bend to what the government (and media) says?
Just go straight to despotic rule.
And Canada is essentially just that. It's not truly a functional democracy to emulate. I submit we're a model as a cautionary tale.
In addition to a weak and non-independent judiciary, the Parliamentary culture is one of deference to the PMO. Very few of - if any - MPs ever oppose the PM. The PM has, in this way, more power than the executive (that is, the President) in the Untied States. That Congress too is weak and not willing to enforce the Constitution guarding against the expansion of Presidential power, is another topic altogether and a trend observed in the last 60 years or so. One could submit it goes as far back as Lincoln and the Civil War.
I'm no legal expert but I am watching the rulings in the Covid era. And I'm concerned. We're acting more like a weak banana republic than a strong and free democracy.
Can it reverse itself? I don't know.
I know that it can't as long as ideologues like Justin are in power.
Here are some recent articles of interest on the matter.
A professor on the much-needed Bennet ruling pushing back on judicial notice in Ontario.
And an interesting look into the judiciary in the context of the trucker's convoy:
*****
I just want to close by saying why is it we don't see compelling and eloquent written opinions from Canada? It's no wonder why so many people focus on SCOTUS in the United States even though it has no impact in Canada. They look to it for inspiration perhaps?
Have you ever read the opinions of Scalia, Alito, and Thomas? Works of art. Genius in some cases.
Here? We get 'judicial notice' passing of the buck despotic cop-outs and unprofessional lash outs on Twitter (Doucet on Tucker Carlson) and in the media (Wagner against the truckers).
Canada's standing on the judiciary and science is on tenuous ground.
No comments:
Post a Comment
Mysterious and anonymous comments as well as those laced with cyanide and ad hominen attacks will be deleted. Thank you for your attention, chumps.