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Posted

I think you need to take SCC 101 again. It is their job to ensure that laws put forward by government conform to the rights enshrined in the Constitution and Charter.

Absolute power corrupts absolutely. They have absolute, unelected power to say the Constitution prohibits or requires anything they damned well want it to, and no one can say they're wrong.

I might not be a lawyer but I can speak English quite well. I know what the words life, liberty and security of the person are intended to convey and there's no damned way they were intended to prohibit the government from banning assisted suicide.

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

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Posted

And it is a very important point. Some disabled people are very concerned that a personal choice of voluntary assisted suicide could be turned into involuntary 'euthanasia' - ie, homicide.

I expect legislation will have to address that carefully and strictly. It's not the doctor's decision, the family's or anyone else's.

And I expect doctors will want it very clear too to protect them.

.

I expect there to be a further challenge from the family of someone who want to kill them. Given the precedent that a person with pain should be allowed to die I can't see why a caregiver who has the legal right to make decisions for a person, including medical decisions, would not be able to sue for the same 'right' on behalf of the person they are responsible for.

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted (edited)

So what? SOMEONE has to rule on legal matters. It clearly cannot be the legislative branch of government because they know nothing about the law, and the vast majority of them dont even READ the bills they pass.

The government wrote the legislation. Clearly they do know a lot about it. And that is the way this country functioned for most of its existence, and should still be functioning. We had far fewer problems before Trudeau decided we needed a crappy new constitution to please Quebec - who wouldn't even sign it.

Edited by Argus

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted (edited)

What do you care jbg.

I feel very strongly on the issue of physician-assisted suicide. Probably to your surprise generally in favor of it.

derail.

No the three posts I quoted were Harper bashing having little to do with the subject.

.

Why the extra "period" in all your posts? I await an explanation. Edited by jbg
  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

Utter nonsense. There is no sane reading of the charter which prohibits the government from banning assisted suicide. There is no way in hell the framers of the constitution had the slightest intention of defending people's right to kill themselves.

Yep there is. Read the part about liberty.

Posted

As Coyne points out their decision was anything but clear, and left massive room for further shifts in the law to allow people to commit suicide for any reason they so desire. It has happened precisely that way in other jurisdictions.

People could commit suicide any way they wanted well before this decision was rendered.

Posted

Absolute power corrupts absolutely. They have absolute, unelected power to say the Constitution prohibits or requires anything they damned well want it to, and no one can say they're wrong.

I might not be a lawyer but I can speak English quite well. I know what the words life, liberty and security of the person are intended to convey and there's no damned way they were intended to prohibit the government from banning assisted suicide.

Its the liberty part dont seem able to grasp.

Posted

I feel very strongly on the issue of physician-assisted suicide. Probably to your surprise generally in favor of it.No the three posts I quoted were Harper bashing having little to do with the subject.Why the extra "period" in all your posts? I await an explanation.

Where did I bash Harper or Mulroney. Please answer the question, since you keep accusing me....

Posted

I never failed to be impressed at the left for believing that a law can and should be over turned, that even the supreme courts decisions or interpretations of the constitution can be over turned or tweaked, but that those things should only happen in their favor, and once they do, that's it, now the REAL decision has been made. The infallible supreme court, except when they are correcting their own mistakes...lol, anyway, in this particular case I mostly agree with them, but it is a complicated can of earth dwelling invertebrates.

Posted

Its the liberty part dont seem able to grasp.

The term Liberty was never intended to be all inclusive, else we wouldn't have prisons.

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted

The term Liberty was never intended to be all inclusive, else we wouldn't have prisons.

Boy we really have to go to the basics with you. You lose your liberty by breaking the law, not by becoming ill, or are you suggesting we should put terminally ill people, who wish to end it, behind bars.

Posted

Boy we really have to go to the basics with you. You lose your liberty by breaking the law, not by becoming ill, or are you suggesting we should put terminally ill people, who wish to end it, behind bars.

I'm suggesting that the term liberty in the context of a constitution does not preclude the government interfering with their liberty given just cause and societal interest.

And I'm suggesting the question of assisted suicide is properly one for elected legislators to answer, not non-elected judges.

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted

I'm suggesting that the term liberty in the context of a constitution does not preclude the government interfering with their liberty given just cause and societal interest.

And I'm suggesting the question of assisted suicide is properly one for elected legislators to answer, not non-elected judges.

Well then I would suggest you put too much faith in party hacks. This is a particularly complex subject and is better guided by those who arent beholden to this or that voter group who may in turn be guided by this or that religious leaning etc.

Posted

Well then I would suggest you put too much faith in party hacks. This is a particularly complex subject and is better guided by those who arent beholden to this or that voter group who may in turn be guided by this or that religious leaning etc.

So you are actually coming out and saying you prefer your laws and rights be decided by those who are not elected and not answerable to anyone than by democratic representatives?

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted (edited)

I'm suggesting that the term liberty in the context of a constitution does not preclude the government interfering with their liberty given just cause and societal interest.

And I'm suggesting the question of assisted suicide is properly one for elected legislators to answer, not non-elected judges.

Ridiculous. None of their business. My right to live or die as I choose is nobody's political football.

They didn't have the right to legislate away our right to assisted suicide in the first place.

Now the court has corrected that.

.

Edited by jacee
Posted

Where did I bash Harper or Mulroney. Please answer the question, since you keep accusing me....

Here.

Nice try.... One was appointed directly from private practice... handpicked by Harper... several others received their appointments to the bench by Mulroney.

Good attempt at blaming the Liberals... for Harper's appointments! That's asinine.

Once again.... Harper could not find a single judge that shares his societal values? Or the judges he has appointed have used the law to make judgements while on the SCC?

No Liberals or liberals to blame here....

Isn't the word "handpicked" a bit pejorative? Or, "(o)nce again.... Harper could not find a single judge that shares his societal values? Or the judges he has appointed have used the law to make judgements while on the SCC?"
  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

Here.

Isn't the word "handpicked" a bit pejorative?

No, it's just the truth.

Or, "(o)nce again.... Harper could not find a single judge that shares his societal values?

I'm sure he tried his best. Again, just the truth. Harper and the Reform/Alliance conservatives have been waging war against the Liberal-appointed SCC judges for years.

Or the judges he has appointed have used the law to make judgements while on the SCC?"

Yes he's learning that the SCC does its job with the necessary political neutrality, regardless of politics.

.

Posted

I'm suggesting that the term liberty in the context of a constitution does not preclude the government interfering with their liberty given just cause and societal interest.

And I'm suggesting the question of assisted suicide is properly one for elected legislators to answer, not non-elected judges.

You can't seem to wrap your mind around the fact that legislators don't have carte blanche to make whatever legislation they choose. We have a constitution that is used to determine legal validity and is designed to protect people's fundamental rights and freedoms. This isn't a country where 25% of eligible voters get a tyranny to make unopposed laws because their candidates won a broken first-past-the-post process. Sorry to break it to you.
Posted

Here.Isn't the word "handpicked" a bit pejorative? Or, "(o)nce again.... Harper could not find a single judge that shares his societal values? Or the judges he has appointed have used the law to make judgements while on the SCC?"

The others were handpicked by another PM. Where did I bash Harper? I was responding to the assertion that somehow this is a liberal court and Liberals are to blame and the societal values of these judges were to blame.

Stating that this is Harper's SCC is not bashing Harper. Asking why he couldn't find judges with the same societal values as him is not bashing him.

Posted (edited)

On this forum you think "handpicked" is insulting??? That's a good one.

I thought that was a bit of a stretch as well!

Edited by The_Squid
Posted

Asking why he couldn't find judges with the same societal values as him is not bashing him.

I hope his first emphasis is on quality and judicial temperament, not finding sycophants.
  • Free speech: "You can say what you want, but I don't have to lend you my megaphone."
  • Always remember that when you are in the right you can afford to keep your temper, and when you are in the wrong you cannot afford to lose it. - J.J. Reynolds.
  • Will the steps anyone is proposing to fight "climate change" reduce a single temperature, by a single degree, at a single location?
  • The mantra of "world opinion" or the views of the "international community" betrays flabby and weak reasoning (link).

Posted

I hope his first emphasis is on quality and judicial temperament, not finding sycophants.

I hope so too. I even said Harper seems to have made good appointments!

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