Who's really making the laws?
If you thought that the people that you
vote for actually had the power to create
political change by creating and amending
various laws, you'd only be half right. In
Canada, we have a document titled the
Canadian Charter of Rights and Freedoms
that exists to ensure that every Canadian
receives the same treatment under the law.
The Canadian Charter of Rights and Freedoms was created in 1982 and its purpose was to outline basic rights that all Canadians are entitled to. The creation of the Charter was indicative of a shift in matters of law-making because it gave judges the power to rule in favour of a defendant if said person could prove the accusation violates the Charter. The inherent problem with this is twofold. First, the Charter leaves a lot of room for interpretation and could be misconstrued. The second problem is the fact that the courtroom decisions made by judges set a legal precedent for future cases. This means that if an individual were cleared of charges because of a violation of the Charter, future defendants could reference that decision and ask to be granted the same pardon.
While the Charter plays a vital role in connecting Canadians with their rights, it's also given judges the power to alter Canadian law. While these judges are virtually always of remarkable character, they are not elected officials in whom the people have placed their trust. Due to this system, while something like the Omnibus crime bill may be passed, provisions of the bill may be found to contradict the Charter by denying the defendant one or more of his rights in a legal case. In this scenario, if the judge were to rule that a provision of the bill contradicted a Charter right, it could be overturned. The ruling would then be applicable to all those people who had been found guilty based on similar circumstances.
Giving courts the ability to alter the law through their rulings creates tension between our political and legal systems and leads to a problem. This system alienates Canadians from the law-making process because, even after a law has been passed, there's no guarantee that it won't be overruled by a judge.
The reality is that, despite their power, it's rare for a judge to overturn a law or to rule that it violates the Canadian Charter. The troubling trend that seems to be emerging as we go forward is that the political system turns a blind eye to social issues, knowing that the courts will uphold the Charter. The Conservatives have a substantial support base that opposes socially volatile issues such as abortion, gay marriage and marijuana legalization. I personally know several individuals who vote Conservative exclusively because their parents did so and because they believe the party shares their values. The reality is that a party that is unwilling to address the concerns of their constituency doesn't share their values, they just want their vote.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
The Canadian Charter of Rights and Freedoms was created in 1982 and its purpose was to outline basic rights that all Canadians are entitled to. The creation of the Charter was indicative of a shift in matters of law-making because it gave judges the power to rule in favour of a defendant if said person could prove the accusation violates the Charter. The inherent problem with this is twofold. First, the Charter leaves a lot of room for interpretation and could be misconstrued. The second problem is the fact that the courtroom decisions made by judges set a legal precedent for future cases. This means that if an individual were cleared of charges because of a violation of the Charter, future defendants could reference that decision and ask to be granted the same pardon.
While the Charter plays a vital role in connecting Canadians with their rights, it's also given judges the power to alter Canadian law. While these judges are virtually always of remarkable character, they are not elected officials in whom the people have placed their trust. Due to this system, while something like the Omnibus crime bill may be passed, provisions of the bill may be found to contradict the Charter by denying the defendant one or more of his rights in a legal case. In this scenario, if the judge were to rule that a provision of the bill contradicted a Charter right, it could be overturned. The ruling would then be applicable to all those people who had been found guilty based on similar circumstances.
Giving courts the ability to alter the law through their rulings creates tension between our political and legal systems and leads to a problem. This system alienates Canadians from the law-making process because, even after a law has been passed, there's no guarantee that it won't be overruled by a judge.
The reality is that, despite their power, it's rare for a judge to overturn a law or to rule that it violates the Canadian Charter. The troubling trend that seems to be emerging as we go forward is that the political system turns a blind eye to social issues, knowing that the courts will uphold the Charter. The Conservatives have a substantial support base that opposes socially volatile issues such as abortion, gay marriage and marijuana legalization. I personally know several individuals who vote Conservative exclusively because their parents did so and because they believe the party shares their values. The reality is that a party that is unwilling to address the concerns of their constituency doesn't share their values, they just want their vote.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
