A rchive Date
[ 04-02-2004 ]
Category
[ International Relations ]
sub-Categoy
[ Canada ]
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[http://www.canoe.ca/Columnists/leishman.html
Harper solution to democratic deficit
RORY LEISHMAN, London Free Press
2004-02-02
Prime Minister Paul Martin has promised to eliminate what he calls the "democratic deficit" in Ottawa. But what did he do last week? Like his predecessor, Jean Chretien, he went cap in hand to the Supreme Court of Canada, seeking permission for Parliament to enact a law on gay marriage.
While Martin kowtows to the courts, United States President George W. Bush made clear in his state of the union message he will not tolerate any attempt by judicial activists to impose gay marriage on the American people. He called upon his fellow citizens to "take a principled stand for one of the most fundamental, enduring institutions of our civilization," and to remember: "The same moral tradition that defines marriage also teaches that each individual has dignity and value in God's sight."
In 1996, the United States Congress reaffirmed the traditional legal definition of marriage in the Defense of Marriage Act. President Bill Clinton signed that act into law. So far, 37 states have adopted similar acts.
In 1999, the Canadian House of Commons likewise resolved: "It is necessary, in light of public debate around recent court decisions, to state that marriage is and should remain the union of one man and one woman to the exclusion of all others, and that Parliament will take all necessary steps within the jurisdiction of the Parliament of Canada to preserve this definition of marriage in Canada." The great majority of MPs, including Martin and Chretien, voted in favour of this resolution.
Nonetheless, a three-judge panel of the Ontario Court of Appeal proceeded in a ruling last June to amend the law to include same-sex marriage.
Former Ontario premier Ernie Eves acquiesced to this ruling. And so did Martin and Chretien.
Meanwhile, in November, the Massachusetts Supreme Judicial Court aped the Ontario Court of Appeal, by suddenly discovering a constitutional requirement for same-sex marriage. However, instead of capitulating to the court, Massachusetts Gov. Mitt Romney immediately initiated an amendment to the state constitution reaffirming marriage as the voluntary union for life of a man and a woman.
Bush has served notice he is contemplating a similar amendment to the constitution of the United States. In his state of the union address, he said: "Activist judges have begun redefining marriage by court order, without regard for the will of the people and their elected representatives.
"On an issue of such great consequence, the people's voice must be heard."
Bush warned: "If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process. Our nation must defend the sanctity of marriage."
Who will stand up for the sanctity of marriage in Canada?
Certainly not Martin and his Liberal cabinet. In announcing that the government has asked the Supreme Court of Canada for an opinion on the constitutionality of the traditional definition of marriage, Justice Minister Irwin Cotler stressed: "We are reaffirming our position in support of same-sex marriage. It's unwavering - no retreat."
Among the contenders for the leadership of the Conservative Party of Canada, Belinda Stronach is also in favour of same-sex marriage. Tony Clement is opposed. Steven Harper maintains that parliamentarians should have the final say on upholding traditional marriage. Like Bush, Romney, and other leading politicians in the United States, Republican and Democratic, Harper insists elected legislators should refuse "to allow unelected, unaccountable judges to decide major social policies." Canadian voters should take note: If they want the judicially imposed democratic deficit eliminated in Canada, they should assure, first, that Harper wins the leadership of the Conservative party and then leads that party to victory in the upcoming federal election.
Write Rory at The London Free Press, P.O. Box 2280, London, Ont. N6A 4G1 or fax 519-667-4528 or E-mail. Copyright © The London Free Press 2001,2002,2003
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