Monday, June 04, 2007

Mulroney, Mcguinty and managerial judicial independence

Brian Mulroney now says the much maligned managerial judicial independence must be protected with his "A simple (judgment) from an independent judge can leave the government and the police standing on the courthouse steps, looking ridiculous and chastened." position, interesting that only Liberals and Tories ever get appointed to benches as judges, as they are the only ones who ever get into the position of power to appoint. Like any other patronage scheme to scam, you have to have people in power to protect your power, Liberals and Tories know this oh to well, with the New Democrats, Bloc Québécois and Greens all slowly following the secret documented plan. Mulroney states judges are the most powerful for of protection Canadians have from the abuse of power by police and government, yet his old pal Ontario Chief Justice Roy Mcmurtry says otherwise, freshly removed from electoral politics, he was brought up to the judicial bench, began working on and reading in law into the Charter without recusal, while conflicting and usurping the powers of elected representatives and thus overrode the expressed wishes of the people who elected them. After using his appointed, unelected and elitist political judgement on what he, not the average grassroots citizen who interestingly polled in the Globe and Mail recently as being 63% favouring the idea of electing our judges, proudly changed the way Canada ruled its land, thus becoming the exact type of Charter-centric judge he had originally intended not to be.

Dalton Mcguinty should be wrapped by the courts of law on several causes of action, for his stunt on breaking a major promise and signed contract during the last election that directly got him elected. He then violating said contract through breaking off legislation, thus raising certain taxes or imposing new ones without public approval, doing both without an election or referendum. Finally the day must come when a politican's election promise, this one on taxpayer protection legislation, must be found in contempt of the people that government represents, instead the Ontario Superior Court sides with the Premier. Instead, we have Mcguinty trumpeting his 2003 message of "I won’t lower your taxes, but I won’t raise them, either!" all over again with the 2007 version "You can believe me because I am in charge now!" with an addendum of not promising to get rid of the health tax, now that the province is projecting balanced budgets for the next five years, why not eh, that ultimate wisdom and arrogance worked four years ago before without any legal so why not lie again?

Mulroney and Mcguinty have ruled well with the like of Mcmurtry protecting their non recused back, as long as the special interest agenda protects the status quo, then all of them can sit, kick back and enjoy their pay, pensions and perks that only the protection, preservation and perpetuation of the same old gives you. Power is the only thing which has any sway in that crowd, not principles or policy that is tried and true, no only the power one has over the law, now that it has become acceptable to cut the corners. By removing the force and order from the balance the rule of law gives us, we also give up on the neither beneath, above or beyond principle when dealing with it, which no longer ensures there is just one rule of law for everyone in Ontario. Mcmurtry himself says "I don't think the traditional view or the majoritarian view is the correct view", which seems to confirm that he either thinks the average grassroots citizen of Canada or Ontario is wrong, stupid or completely ignorant of what democracy really is or even if they should be active participants within it. When one asks who shall protect the kind of Canadian and Ontarian top-down managerial judicial independence and its renowned living tree of freedom on activism for just the elites, I believe they must also then ask who shall preserve Canadian and Ontarian bottom-up grassroots civil liberty and its lesser known fairness through action within the letter of the law for all citizens equally!