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June 2011


June 28


C. Gwendolyn Landolt: Judges should enforce, not interpret, law

June 28, 2011

Two Supreme Court of Canada judges have announced they will step down at the end of August [images/stories/canada/canada11/supreme_court_canada2.jpg]The announcement by two of the judges on the Supreme Court of Canada of their proposed retirement provides the opportunity to reflect on the role of judges in Canada. This is especially important since judges have assumed a powerful and influential role under the Charter. The latter allows judges using the broad and vague words to rule on the merits of legislation, creating new laws and social policies. The vivid reality is that these Charter decisions are highly contingent on socio-political choices which the courts have been able to determine by applying, for example, the broad words of Section 7 of the Charter, (“Everyone has the right to life, liberty and security of the person”) and Section 15 (the Equality provision). These words mean whatever the judges want them to mean. That is, the broad words of the Charter have enabled the judges to promote their own, private, political attitudes and preferences, claiming it is for constitutional reasons. Unfortunately, judges are ill positioned to make public policy decisions because they have limited access to social data and depend on the biased arguments of the litigants and unreliable information in the media. Isolated from society, judges are not exposed to differing perspectives, as occurs in Parliament, since there is no public debate. In short, judges may not be cognizant of all the relevant facts.


June 29


Letting actions speak louder than words

June 29, 2011

The Acts of the Apostles is quickly becoming my favourite book of the Bible. Yes, we have the Gospels, in which Christ shows and tells us how to live. And we also have the Letter of James, which is very practical in telling us how to live our Christian lives on a daily basis. But if you want to see what God can do to a person who opens up their lives to Him, look no further than the Acts of the Apostles. They receive the Holy Spirit at Pentecost and they are off to the races, converting thousands to the love and truth of Christ. But there is an interesting part of the book where St. Paul and his companions “went through the region of Phrygia and Galatia, having been forbidden by the Holy Spirit to speak the word in Asia” (Acts 16:6). Here are the Apostles, on fire with the Spirit, ready to sacrifice their lives, and the Spirit says, “Don’t.” The Holy Spirit telling someone to not spread the Gospel might seem odd. But I take it a step further and imagine the Spirit not only telling Paul “don’t,” but also telling him “not yet.” Jesus’ last command to His Apostles was to “make disciples of all nations” (Matthew 28:19). But the truth is that sometimes people are simply not ready to hear the full power of the Gospel. Whether it is because they are too stubborn, jaded or have hardened hearts from years of pain and struggle, sometimes people are not ready to be exposed to it. And in fact, sometimes openly telling someone a key point about the Catholic faith could push him or her further away from God.