I have a New Year's resolution for Canada's Greatest Government (TM: PM Harper). If you see an injustice to victims in the implementation of Canada's Young Offenders Act and that injustice is deemed to be an infringement of the Constitution, then amend the Constitution so that the infringement goes away! Don't blame the Supreme Court for striking your changes down!
At issue is that the pundits expect that the Supremos will rule unconstitutional an amendment that CGG is trying to float. The change to the Young Offenders Act is focused on making violent youth, doing premeditated violent crimes, more easily made subject to adult laws. The changes also want to change the parole and bail provisions for violent youth.
I have no problem with either changes. I would suggest that the majority of Canadians, save a few lawyers and special interest groups, have no problems with the changes either.
I might also suggest that the Supremos have no moral problem with the change. They have a legal objection. The role of the Supremos is to weigh the changes you propose in light of the Constitution, and, according to them, the proposed laws are contrary to the Rights and Freedoms of youth.
So the Supremos are doing their job. Now it is time for CCG to do their job and amend the Constitution!
The Canada Act of 1982 and the Charter of Rights and Freedoms were never meant to be cast in tempered steel. They are subject to change over time with an amending formula designed to protect the rights of Canadians. In other words, if you wanted to amend the Constitution to allow one party rule and goose-stepping, then the rules under the amending formula probably would stop you.
But if you want to make amendments to make Canadians, especially victims of crime and potential crime, safer, I think that you could make a compelling case to the provinces and the population.
Canadians are growing tired of the grandstanding by CGG. We grow weary of having our government blame everybody else for everything that they, the government, perceive as wrong with the country.
Note to PM Harper: Canadians want and need leaders not whiners. You want to go up in the polls and win a majority government? Then act like a leader!
Sunday, January 6, 2008
Resolution for PM Harper
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