From Democracy to Judicial Dictatorship in Canada: : The Untold Story of the Charter of Rights (en Inglés)
Reseña del libro "From Democracy to Judicial Dictatorship in Canada: : The Untold Story of the Charter of Rights (en Inglés)"
Canada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.
