Segnosaur
Penultimate Amazing
Freedom is relative.Give me a break. We are free in this country. All of us.Well, maybe that's my problem... I think the principle of freedom is actually important.
Someone living in Iran is freeER than someone who lives in Saudi Arabia. And someone who lives in Canada is freeER than someone who lives in Iran. On the other hand, someone who lives in the U.S. is freeER than someone who lives in Canada.
You might be happy with the level of freedom we have here in Canada. But why exactly are you assuming that everyone should automatically be totally happy with that level of freedom?
Got an example of when that's happened?And minority group rights occasionally trump the rights of the individual as well as the rights of the majority.
Not sure if that's exactly correct.That's an incomplete definition. We are also a parliamentary democracy. In fact, from 1867 to 1982, that's mostly entirely what we were, changing only in gradual stages culminating in the Constitution Act, 1982. Up till then, parliament really was supreme. We still are a parliamentary democracy, albeit in limited form.But then, we're not necessarily a 'democracy' (depending on your particular definition.). We're a constitutional monarchy.
After all, even in Britain, there are limits on what government could do. (While they didn't have a written constitution, they had a series of precedents that their high courts would use as a basis for limiting government power.) Even though we didn't have a constitution until 1982, we were still covered under the same series of precedents.
First of all, when I talked about the supreme court handling cases of conflicts in 'laws', I was using the term 'law' in a very broad sense. Yes, the constitution is not an 'ordinary' law (and it does in fact 'trump' everything else), but I don't think its outrageous to label it a 'law'.Not quite. The Charter is not ordinary law. And it's the judiciary that is tasked with deciphering what the Charter means.First of all, while it is true that judges are un-elected, they get their jobs by being appointed by an elected parliament (so there is at least an indirect democracy going there.)
Secondly, the judges don't necessarily over-rule parliament on a whim (well, in theory they shouldn't.) Instead, they decide whether one set of laws passed by the government conflicts with another set of laws passed by the government.
Secondly, handling conflicts between 'ordinary' laws and the constitution is not the only thing they handle. For example, they also rule on things using (for example) native land claim treaties.
Really? How do you feel about gay marriage?Pathetic straw man.True, its unlikely to be used in most of the country. However, the fact that it exists at all should give us reasons to be worried. (How would you feel if the constitution contained a clause that said "The government reserves the right to engage in cannibalism if we get hungry"? Even if it never got used, I'd still rather it not be there.
Remember, there was talk that conservatives were planning on banning gay marriage at one point (and using the notwithstanding clause to do so). Heck, the Alberta government actually tried to use the notwithstanding clause to ban same-sex marriage (and it was only the ruling of the Supreme court that said the definition of marriage was a federal matter that prevented it.)
http://en.wikipedia.org/wiki/Same-sex_marriage_in_Alberta
Yeah, the 'law regarding cannibalism' was unrealistic, but like I said, I'd rather not have sections in the constitution that can lead to abuses, even if now those sections don't get used, because somewhere along the line the politics might change, and what seems like an impossibility now might become possible in the future.
I never said we should try to be like the U.S. I pointed out that they don't have a notwithstanding clause and they have survived. You know of any other countries with such a clause in their constitution?We aren't the USA. Nor should we strive to be.Other countries seem to function well enough without having such a mechanism in their constitution. For example, I don't think the U.S. has anything similar in their constitution. Yet they've survived several hundred years as a functional democracy.
Even if they defer some issues to Congress, they can still step in when significant abuses occur.And they do have something similar - it's just informal rather than formal. American courts show deference to Congress all the time.
And how can you tell when the 'will of parliment' is a decent law, or just some politically expedient abuse of power?It's there for when the interpretation of the court clashes irreparably with the democratic will of parliament.(It may have been necessary for a couple of years after the constitution was passed, in order to make sure existing laws didn't conflict with the constitution, but legislatures have had more than enough time to deal with such problems.)
