[cosmostein]

[machiavelli]

HARPER MUST APPOINT ONLY GENUINE, SMALL-C SOCIAL/JUDICIAL CONSERVATIVES

If Harper plans to legislate essential legislation that will eliminate some of the more liberals laws that have been differential to our country by leftist governments he must stop appointing far-left judges who prefer to create new laws rather than rule on the constitutionality of existing laws.

Harper’s liberal Supreme Court appointments demonstrates that Canadians have not elected a genuine small-c social/judicial conservative but just another power grabbing liberal that disingenuously identifies himself as a “conservative”.

Since Trudeau’s Constitutional regime change that inaugurated the Charter of Rights and Freedom the far-left Supreme Court has had no reluctance about methodically interfering with the powers mandated to Parliament by altering, rather than perpetuating Parliamentary laws and the Constitution. We have traded our Constitutional sovereignty for judicial sovereignty and judicial activism by which activist judges’ claim the right to declare what realistic restrictions are, rather than
reserving this right for elected representatives. They dress up their decision as legal ruling, however they are really policy decision by leftist who make decision on what they think the constitution should say. These liberal judicial activists often blatantly ignore the premeditated connotations of the BNA pursuant to their own political philosophy. And yet too many Canadians have quietly acquiesced in this ideological corruption of our judicial structure!

In contrast to his other two appointments of judges who have confidence in “a living constitution”, Harper must appoint a genuine small-c social/judicial conservatives, who are meticulous constructionist, anti-liberal and whom the far-left, bias and unbalanced press won’t label “moderate”. We don’t need anymore so called “moderate” activists who insist on creating laws rather than interrupting legislation passed by Parliament.

If Harper was a legitimate small-c social and judicial conservative Prime Minister he would appoint only resolute tough on crime/terrorism judges to the Supreme Court, rather than the affirmative action bimbos, and their male companions, that currently sit on the left-wing court. Judges must be selected only on merit and their legal expertise; and not by affirmative action pursuant to their gender, colour, or language.

Harper will never be in a position to pass essential conservative legislation as long as he insists on appointing these far-left legislation writing judges.

Unfortunately for Canadians, Harper is a social progressive rather than a legitimate, small-c social conservative, and therefore will continue to put activist, leftist judges on the bench where they will continue to harm the country.

[cosmostein]

My understanding is that the appointment needs to come from Quebec;
Would you care to generate a list of Quebec Judges that will fill your criteria?

[machiavelli]

WHY HAPER MUST APPOINT ONLY CONSERVATIVE JUDGES

Donald J. Savoie in “Power: Where Is It?” writes that “Countries such as Canada and Britain, whose courts have historically played a limited role, not have judiciaries that are far more interventionist when dealing the policies or potential policies and decisions of elected governments.
Savoie continues to state that “Today the courts in Canada and increasingly even in Britain, show considerably less restraint in defining their role and substituting their own policy judgments for those of elected MPs.” Savoie further states that “At one point the monarch was all-powerful. Later, power shifted to Parliament or the king or queen in Parliament and it has continued to shift to the courts…” Savoie advises that “the courts have become political actors but without having to deal with the constraints politicians have to contend with, including transparency requirements and seeking re-election.” Ronald Dworkin agrees and wrote in “Law’s Empire” that that judges are exercising “pure and political” judgment.
Law Professor Christopher Manfredi in “Judicial Power and the Charter” explains “that interest groups, preferring to pursue their political agenda through the courts rather than through politicians, have contributed to the expansion of judicial power…Savoie comments that “Some observers insist that self-serving special interest groups, feminists, gays and lesbians, and minority language groups, have turned to the courts to secure rights that they would not have been able to obtain through the political process”
Savoie concludes that “In the process, Canadian politics is being transformed, in that difficult or divisive issues are increasingly being submitted to the courts for resolution rather than through the political process.”

[queenmandy85]

The solution to preventing the SCoC from being politisized and reforming the Senate at the same time, is to eliminate the post of Prime Minister. No constitutional amendment is required since the post is not in the constitution. It would not only ensure that Justices and Senators were eminent people insted of political hacks, but it would empower MP's by removing the influence of the power of the PMO to reward and punish to control MP's.
It's a pipe dream, I know.

[queenmandy85]

“Some observers insist that self-serving special interest groups, feminists, gays and lesbians, and minority language groups, have turned to the courts to secure rights that they would not have been able to obtain through the political process”

Don't forget Papists, Jews and the rest of us. Do we not all deserve our rights as citizens? Until recently, the only people who had these rights were white males belonging to the One True Faith.