Catholic Insight
By Rory Leishman
Thanks to a recent ruling of the Ontario Human Rights Commission, faithful Christians are free to publish their opposition to same-sex marriage in an Ontario newspaper or magazine. However, that is not the case in some other provinces where anyone who publishes anything opposed to the ideology of gay rights could be convicted by a human rights tribunal for expressing contempt for homosexuals.
And much the same goes for the publication of anything that might offend the members of any race, nationality or other class of persons favoured in human rights legislation. The editors of Maclean's magazine are aware of the danger: They are under investigation by the British Columbia Human Rights Tribunal for publishing a controversial article by Mark Steyn titled “Why the Future Belongs to Islam."
Chief Commissioner Barbara Hall of the Ontario Human Rights Commission would also like to punish Maclean's. In a bizarre statement on April 9, she derided Steyn's article as an “explicit expression of Islamophobia” that the Commission would have censored, except for the fact that the Ontario Human Rights Code “does not give the Commission the jurisdiction to deal with the content of magazine articles through the complaints process.”
Hall wistfully added: “Limits to freedom of expression under some other human rights legislation in Canada are broader.” Quite so.
For example, the British Columbia Human Rights Code prohibits the publication of any matter that “is likely to expose a person or class of persons to hatred or contempt because of the “race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or that group or class of persons.” The Alberta Human Rights, Citizenship and Multiculturalism Act includes a similar provision.
Canadians should be especially wary of stating anything in a newspaper or magazine published in Alberta or British Columbia that might offend some Muslim zealot, gay rights activist or a member of any other class of persons covered in the human rights laws of these provinces. Furthermore, Canadians in all provinces should beware of Section 13 of the Canadian Human Rights Act, which prohibits posting anything on the internet “that is likely to expose a person or persons to hatred or contempt” by reason of that person or persons identification with 14 different prohibited grounds of discrimination, including race, religion and sexual orientation.
Note that one might lawfully publish an article in a newspaper or magazine in Ontario or some other province, yet run afoul of the Canadian Human Rights Commission if the newspaper or magazine republishes that same article on the internet. Thus, while Maclean's has been exempted from punishment by the Ontario Human Rights Commission for publishing the Steyn article, Muslim complaints against the magazine for posting the article on the internet are pending before the Canadian Human Rights Commission.
Correspondingly, the Canadian Commission has placed Catholic Insight under investigation, because a reader in Edmonton took offence at the republication on the internet of articles upholding Catholic teaching on homosexuality that are exempt from censure under Ontario law.
If Commissioner Hall had her way, the Ontario Legislature would amend the Ontario Human Rights Act to expand the censorship powers of the Ontario Human Rights Tribunal. Let us hope that the majority of Liberals and Conservatives, if not New Democrats, in the province are not so besotted with political correctness that they would be willing to go along with such a freedom-stifling measure.
The powers of the Ontario Human Rights Tribunal are already excessive. On April 25, it decreed that Christian Horizons, the largest provider of residential services for developmentally disabled adults in Ontario, must pay $23,000 plus two years' wages to a lesbian employee who had been dismissed for violating the Evangelical Christian agency's moral code which requires employees to uphold the basic tenets of Christian morality, including abstinence from sex outside of marriage between a man and a woman.
The outrageous attack on Christian Horizons underlines the freedom-stifling propensities of all of Canada's human rights tribunals. They should be deprived of all their coercive powers. Until then, Canadians cannot be secure in their inalienable rights to fundamental freedoms of expression, association and religion.
Tuesday, June 03, 2008
Wednesday, May 21, 2008
In Praise of Deference
The National Post
By Rory Leishman
With a compelling dissent in Wednesday’s five-to-four ruling by the Supreme Court of Canada in R. v. D.B., Mr. Justice Marshall Rothstein confirmed his distinction as one of the few appeal court judges in Canada who consistently respects the legislative authority of Parliament and the provincial legislatures under the Constitution of Canada.
At issue in this case was an appropriate sentence for D.B., a violent offender who had pummeled 18-year-old Jonathan Romero to death in a brawl outside a Hamilton shopping mall in 2003. Under a court order, D.B. cannot be named, because he was 17 years old at the time of the offence.
The altercation began when D.B. challenged Romero to a fight. Romero refused and looked away, whereupon D.B. knocked him to the ground with a devastating sucker punch.
Rothstein relates: “D.B. then continued the assault by jumping on top of Romero and punching him four more times on the face and neck. Romero was knocked unconscious and unable to defend himself.” By the time paramedics arrived, Romero was showing no vital signs. He was rushed to hospital and pronounced dead.
At trial, D.B. pleaded guilty to manslaughter, an offence punishable by a maximum youth sentence of just three years incarceration under the Youth Criminal Justice Act of 2002. However, in section 72, the Act authorizes the imposition of a stiffer adult sentence on a young offender aged 14 to 17 who has been found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or for a third offence that resulted in serious bodily harm.
Prior to sentencing D.B., the court was informed that he had a history of frequent fights and repeated suspensions from high school for “disruptive behaviour.” At the time of his assault on Romero, he was bound by two separate probation orders arising out of convictions for possession of stolen property and robbery, both involving threats and intimidation. While in custody awaiting disposition and sentence for manslaughter, he had engaged in several assaults with other inmates and staff members.
On this basis, the Crown asked the court to impose a stiffer adult sentence on D.B. Under terms of section 72, the onus was then on D.B. to persuade the court that a youth sentence would be more appropriate.
Counsel for D.B. argued that the reverse onus of proof in section 72 violates the right of violent young offenders to “life, liberty and security of the person” in section 7 of the Canadian Charter of Rights and Freedoms.
The trial judge accepted this argument and sentenced D.B. to the maximum three-year youth term. The Ontario Court of Appeal upheld the ruling.
Now the majority of the Supreme Court of Canada has definitively struck down the reverse onus of proof in section 72. In so doing, the Court has overturned the considered judgment of the Chretien Liberal government and the majority in the Parliament of Canada who backed enactment of the Youth Criminal Justice Act.
During hearings on his appointment to the Supreme Court of Canada, Rothstein promised to exercise due judicial restraint. He said: “The important thing is that judges, when applying the Charter, have to have recognition that the statute they're dealing with was passed by a democratically elected legislature; that it's unlikely the legislature intended to violate the Charter.”
Thus, in R. v. D.B., Rothstein held that in enacting section 72, “it was entirely appropriate for Parliament to consider the competing interests, on the one hand, of young persons to have their reduced moral blameworthiness taken into account and, on the other, of society to be protected from violent young offenders and to have confidence that the youth justice system ensures the accountability of violent young offenders. This balancing was a legitimate exercise of Parliament’s authority to determine how best to penalize particular criminal activity….”
While Abella, McLachlin and most other appellate judges have no compunction about rewriting duly enacted laws to suit their personal policy preferences, Rothstein respacts the separation of legislative and judicial powers. Would that we had more principled and democratic judges like him.
By Rory Leishman
With a compelling dissent in Wednesday’s five-to-four ruling by the Supreme Court of Canada in R. v. D.B., Mr. Justice Marshall Rothstein confirmed his distinction as one of the few appeal court judges in Canada who consistently respects the legislative authority of Parliament and the provincial legislatures under the Constitution of Canada.
At issue in this case was an appropriate sentence for D.B., a violent offender who had pummeled 18-year-old Jonathan Romero to death in a brawl outside a Hamilton shopping mall in 2003. Under a court order, D.B. cannot be named, because he was 17 years old at the time of the offence.
The altercation began when D.B. challenged Romero to a fight. Romero refused and looked away, whereupon D.B. knocked him to the ground with a devastating sucker punch.
Rothstein relates: “D.B. then continued the assault by jumping on top of Romero and punching him four more times on the face and neck. Romero was knocked unconscious and unable to defend himself.” By the time paramedics arrived, Romero was showing no vital signs. He was rushed to hospital and pronounced dead.
At trial, D.B. pleaded guilty to manslaughter, an offence punishable by a maximum youth sentence of just three years incarceration under the Youth Criminal Justice Act of 2002. However, in section 72, the Act authorizes the imposition of a stiffer adult sentence on a young offender aged 14 to 17 who has been found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or for a third offence that resulted in serious bodily harm.
Prior to sentencing D.B., the court was informed that he had a history of frequent fights and repeated suspensions from high school for “disruptive behaviour.” At the time of his assault on Romero, he was bound by two separate probation orders arising out of convictions for possession of stolen property and robbery, both involving threats and intimidation. While in custody awaiting disposition and sentence for manslaughter, he had engaged in several assaults with other inmates and staff members.
On this basis, the Crown asked the court to impose a stiffer adult sentence on D.B. Under terms of section 72, the onus was then on D.B. to persuade the court that a youth sentence would be more appropriate.
Counsel for D.B. argued that the reverse onus of proof in section 72 violates the right of violent young offenders to “life, liberty and security of the person” in section 7 of the Canadian Charter of Rights and Freedoms.
The trial judge accepted this argument and sentenced D.B. to the maximum three-year youth term. The Ontario Court of Appeal upheld the ruling.
Now the majority of the Supreme Court of Canada has definitively struck down the reverse onus of proof in section 72. In so doing, the Court has overturned the considered judgment of the Chretien Liberal government and the majority in the Parliament of Canada who backed enactment of the Youth Criminal Justice Act.
During hearings on his appointment to the Supreme Court of Canada, Rothstein promised to exercise due judicial restraint. He said: “The important thing is that judges, when applying the Charter, have to have recognition that the statute they're dealing with was passed by a democratically elected legislature; that it's unlikely the legislature intended to violate the Charter.”
Thus, in R. v. D.B., Rothstein held that in enacting section 72, “it was entirely appropriate for Parliament to consider the competing interests, on the one hand, of young persons to have their reduced moral blameworthiness taken into account and, on the other, of society to be protected from violent young offenders and to have confidence that the youth justice system ensures the accountability of violent young offenders. This balancing was a legitimate exercise of Parliament’s authority to determine how best to penalize particular criminal activity….”
While Abella, McLachlin and most other appellate judges have no compunction about rewriting duly enacted laws to suit their personal policy preferences, Rothstein respacts the separation of legislative and judicial powers. Would that we had more principled and democratic judges like him.
Saturday, April 12, 2008
Court changes libel law for journalists
The London Free Press,
By Rory Leishman
Under the traditional principles of the common law as affirmed by the Supreme Court of Canada, journalists are no less subject than other citizens to the law of libel. Is that fair and reasonable? Or should the law of libel include a special exception for journalists to further vigorous debate on issues of public interest?
Last week, the Supreme Court of Canada served notice that it will consider this policy of the law in the context of an appeal by the Ottawa Citizen of a defamation conviction for publishing false and defamatory statements about the participation of OPP Constable Dennis Cusson in rescue operations at the World Trade Centre following the terrorist attacks of September 2001. Under the law of libel in Canada, the agents of the newspaper had only one line of defence: Like all other citizens in a similar libel action, they had to prove their defamatory statements were true.
As it turned out, the Citizen could persuade a jury in the Ontario Superior Court of Justice that only some, but not all, of its defamatory allegations against the police officer were true. On this basis, the trial judge awarded Cusson $100,000 in damages against the newspaper.
Backed by lawyers for the Globe and Mail and the Canadian Newspaper Association, counsel for the Citizen maintained in arguments before the Ontario Court of Appeal that the existing law of libel as it applies to journalists is too strict. The media lawyers called upon the court to uphold the guarantee of freedom of the press in section 2 of the Charter, by following the unprecedented ruling of the British House of Lords in Reynolds v. Times Newspapers Ltd. (2001), which held that it is a sufficient defence for journalists in a libel action to show that although they had published a false and defamatory statement, they and their editors had taken reasonable steps to ensure that the story was fair and its contents were true and accurate.
In an unanimous ruling last year, a three-judge panel of the Ontario Court of Appeal accepted this argument. Instead of upholding the law of libel as defined in a long line of precedents of the Supreme Court of Canada, these three judges on the Ontario Court of Appeal presumed to impose responsible journalism in the public interest as a defence for journalists in an Ontario libel action.
On this basis, it might be supposed that the Citizen would get off scot free, but not so. The Court of Appeal did not so much as order a new trial for the newspaper. Instead, it upheld the conviction of the Citizen on the ground that the newspaper had violated the law of libel as that law stood, before the court changed it.
Here we have a clear example of judicial activism and its chaotic consequences: There can be no rule of law, or any certainty about the requirements of the law, in a country where judges take it upon themselves to make major changes in the law as seem most appropriate to them.
In reasons for the Court of Appeal in Cusson, Mr. Justice Robert Sharpe frankly admitted that the court was imposing a far-reaching change in the law. He said: “In my view, it is open to this court to modify Ontario’s common law of defamation by adopting this new and distinctive defence if that change would accomplish a more appropriate balance between the Charter values of protection of reputation and respect for freedom of expression.”
What comes next? Upon further appeal, will judicial activists on the Supreme Court of Canada also trespass upon the legislative powers, by presuming to impose yet another change in the law of libel as seems best to them?
That remains to be seen. In the meantime, regardless of what the elected representatives of the people in the Ontario Legislature might prefer, the Ontario Court of Appeal has decreed that there shall be one law of libel for journalists in Ontario, and another for everyone else.
By Rory Leishman
Under the traditional principles of the common law as affirmed by the Supreme Court of Canada, journalists are no less subject than other citizens to the law of libel. Is that fair and reasonable? Or should the law of libel include a special exception for journalists to further vigorous debate on issues of public interest?
Last week, the Supreme Court of Canada served notice that it will consider this policy of the law in the context of an appeal by the Ottawa Citizen of a defamation conviction for publishing false and defamatory statements about the participation of OPP Constable Dennis Cusson in rescue operations at the World Trade Centre following the terrorist attacks of September 2001. Under the law of libel in Canada, the agents of the newspaper had only one line of defence: Like all other citizens in a similar libel action, they had to prove their defamatory statements were true.
As it turned out, the Citizen could persuade a jury in the Ontario Superior Court of Justice that only some, but not all, of its defamatory allegations against the police officer were true. On this basis, the trial judge awarded Cusson $100,000 in damages against the newspaper.
Backed by lawyers for the Globe and Mail and the Canadian Newspaper Association, counsel for the Citizen maintained in arguments before the Ontario Court of Appeal that the existing law of libel as it applies to journalists is too strict. The media lawyers called upon the court to uphold the guarantee of freedom of the press in section 2 of the Charter, by following the unprecedented ruling of the British House of Lords in Reynolds v. Times Newspapers Ltd. (2001), which held that it is a sufficient defence for journalists in a libel action to show that although they had published a false and defamatory statement, they and their editors had taken reasonable steps to ensure that the story was fair and its contents were true and accurate.
In an unanimous ruling last year, a three-judge panel of the Ontario Court of Appeal accepted this argument. Instead of upholding the law of libel as defined in a long line of precedents of the Supreme Court of Canada, these three judges on the Ontario Court of Appeal presumed to impose responsible journalism in the public interest as a defence for journalists in an Ontario libel action.
On this basis, it might be supposed that the Citizen would get off scot free, but not so. The Court of Appeal did not so much as order a new trial for the newspaper. Instead, it upheld the conviction of the Citizen on the ground that the newspaper had violated the law of libel as that law stood, before the court changed it.
Here we have a clear example of judicial activism and its chaotic consequences: There can be no rule of law, or any certainty about the requirements of the law, in a country where judges take it upon themselves to make major changes in the law as seem most appropriate to them.
In reasons for the Court of Appeal in Cusson, Mr. Justice Robert Sharpe frankly admitted that the court was imposing a far-reaching change in the law. He said: “In my view, it is open to this court to modify Ontario’s common law of defamation by adopting this new and distinctive defence if that change would accomplish a more appropriate balance between the Charter values of protection of reputation and respect for freedom of expression.”
What comes next? Upon further appeal, will judicial activists on the Supreme Court of Canada also trespass upon the legislative powers, by presuming to impose yet another change in the law of libel as seems best to them?
That remains to be seen. In the meantime, regardless of what the elected representatives of the people in the Ontario Legislature might prefer, the Ontario Court of Appeal has decreed that there shall be one law of libel for journalists in Ontario, and another for everyone else.
Tuesday, April 01, 2008
The Duty of Faithful Anglicans
The Interim
By Rory Leishman
On Feb. 13, the members of St. John’s Shaughnessy Church in Vancouver set a good example for all faithful Anglicans, by resolving to leave the Anglican Church of Canada rather than remain under the authority of a heretical bishop.
The vote was not even close. By the overwhelming margin of 475 to 11 (with 9 abstentions), the congregation formally renounced the authority of Michael Ingham, the Anglican Bishop of New Westminster. In his stead, they placed themselves under the oversight of Bishop Don Harvey, the theologically orthodox, former Anglican Bishop of Newfoundland who currently serves within the Province of the Southern Cone which includes the Anglican Churches in Argentina, Bolivia, Chile, Paraguay and Peru.
The theological differences between Harvey and Ingham are profound. While Harvey upholds the truth of Christ, Ingham subscribes to pluralism. In Ingham’s words, pluralism “does not deny God's self-revelation in Christ, nor in the Koran, nor in the Torah, nor in other sacred symbols. It asks us to hold them together, despite their obvious discrepancies, in the greater mystery of faith.”
Really? This doctrine can make no sense except, perhaps, to a theological practitioner of Orwellian double-think who is adept at simultaneously holding contradictory ideas in the mind and believing all to be true.
David Short, the rector of St. John’s Shaughnessy, is a theologically orthodox Anglican priest. Like Harvey, he upholds Sacred Scripture as the ultimate authority on all questions of faith and morality. Under Short’s inspiring ministry, St. John’s Shaughnessy is the largest and most flourishing Anglican congregation in all of Canada.
In sorry contrast, the Anglican Church of Canada and the diocese of New Westminster, in particular, are dying. Thanks to the uninspiring leadership of liberals like Ingham, this once thriving denomination has declined over the past 40 years by more than 50 per cent.
The United Church of Canada, the Presbyterian Church in Canada and other liberal denominations are in a similar or worse state of decline. More and more members are leaving these churches, while their leaders ever more conform their minds to the current pattern of the world rather than uphold that good and acceptable and perfect word of God.
Regardless, church growth is not of primary concern to Short. “Even if preaching the Gospel meant we shrank,” he insists, “we would still have to be faithful.”
In 2002, Ingham broke faith with the Anglican church, by sanctioning the blessing of same sex unions within the diocese of New Westminster. In doing so, he also violated the plain teaching of Sacred Scripture and his solemn oath as a bishop to “banish and drive away all erroneous and strange doctrine contrary to God’s Word.”
As a result, Short, Packer and their ministerial colleagues at St. John’s Shaughnessy could no longer acknowledge the authority of Ingham as their bishop. And now, with the overwhelming support of their congregants, they have reluctantly quit the Anglican Church of Canada.
Meanwhile, the majority of bishops in the Anglican Church of Canada have sided with Ingham. For the past six years, they have failed to discipline him as repeatedly requested by the Archbishop of Canterbury. Moreover, while publicly professing to welcome a diversity of viewpoints within the church, some duplicitous bishops have been acting covertly to prevent Anglican parishes from recruiting and maintaining faithful priests who uphold the traditional doctrines and teachings of the Anglican church.
Under these circumstances, the duty of Anglican priests is clear: If their bishop formally repudiates the doctrines and teaching of the Anglican church on marriage or any other basic issue, they must follow the courageous example set by Short and other inspired Anglican priests who, at considerable risk to their financial security, have led their loyal congregants out of the Anglican Church of Canada and into communion with a church that is resolved to remain faithful to Christ and his commandments.
Correspondingly, the duty of Anglican congregants is also clear: They must do whatever they can to support a faithful Anglican priest; even, if need be, at the cost of giving up their comfortable pew and moving to another parish that is blessed with a prelate who can be counted upon to encourage the faithful in their devotion to Christ.
By Rory Leishman
On Feb. 13, the members of St. John’s Shaughnessy Church in Vancouver set a good example for all faithful Anglicans, by resolving to leave the Anglican Church of Canada rather than remain under the authority of a heretical bishop.
The vote was not even close. By the overwhelming margin of 475 to 11 (with 9 abstentions), the congregation formally renounced the authority of Michael Ingham, the Anglican Bishop of New Westminster. In his stead, they placed themselves under the oversight of Bishop Don Harvey, the theologically orthodox, former Anglican Bishop of Newfoundland who currently serves within the Province of the Southern Cone which includes the Anglican Churches in Argentina, Bolivia, Chile, Paraguay and Peru.
The theological differences between Harvey and Ingham are profound. While Harvey upholds the truth of Christ, Ingham subscribes to pluralism. In Ingham’s words, pluralism “does not deny God's self-revelation in Christ, nor in the Koran, nor in the Torah, nor in other sacred symbols. It asks us to hold them together, despite their obvious discrepancies, in the greater mystery of faith.”
Really? This doctrine can make no sense except, perhaps, to a theological practitioner of Orwellian double-think who is adept at simultaneously holding contradictory ideas in the mind and believing all to be true.
David Short, the rector of St. John’s Shaughnessy, is a theologically orthodox Anglican priest. Like Harvey, he upholds Sacred Scripture as the ultimate authority on all questions of faith and morality. Under Short’s inspiring ministry, St. John’s Shaughnessy is the largest and most flourishing Anglican congregation in all of Canada.
In sorry contrast, the Anglican Church of Canada and the diocese of New Westminster, in particular, are dying. Thanks to the uninspiring leadership of liberals like Ingham, this once thriving denomination has declined over the past 40 years by more than 50 per cent.
The United Church of Canada, the Presbyterian Church in Canada and other liberal denominations are in a similar or worse state of decline. More and more members are leaving these churches, while their leaders ever more conform their minds to the current pattern of the world rather than uphold that good and acceptable and perfect word of God.
Regardless, church growth is not of primary concern to Short. “Even if preaching the Gospel meant we shrank,” he insists, “we would still have to be faithful.”
In 2002, Ingham broke faith with the Anglican church, by sanctioning the blessing of same sex unions within the diocese of New Westminster. In doing so, he also violated the plain teaching of Sacred Scripture and his solemn oath as a bishop to “banish and drive away all erroneous and strange doctrine contrary to God’s Word.”
As a result, Short, Packer and their ministerial colleagues at St. John’s Shaughnessy could no longer acknowledge the authority of Ingham as their bishop. And now, with the overwhelming support of their congregants, they have reluctantly quit the Anglican Church of Canada.
Meanwhile, the majority of bishops in the Anglican Church of Canada have sided with Ingham. For the past six years, they have failed to discipline him as repeatedly requested by the Archbishop of Canterbury. Moreover, while publicly professing to welcome a diversity of viewpoints within the church, some duplicitous bishops have been acting covertly to prevent Anglican parishes from recruiting and maintaining faithful priests who uphold the traditional doctrines and teachings of the Anglican church.
Under these circumstances, the duty of Anglican priests is clear: If their bishop formally repudiates the doctrines and teaching of the Anglican church on marriage or any other basic issue, they must follow the courageous example set by Short and other inspired Anglican priests who, at considerable risk to their financial security, have led their loyal congregants out of the Anglican Church of Canada and into communion with a church that is resolved to remain faithful to Christ and his commandments.
Correspondingly, the duty of Anglican congregants is also clear: They must do whatever they can to support a faithful Anglican priest; even, if need be, at the cost of giving up their comfortable pew and moving to another parish that is blessed with a prelate who can be counted upon to encourage the faithful in their devotion to Christ.
Encouraging news on abortion from Italy
Catholic Insight
By Rory Leishman
Over the past 40 years, pro-lifers in Canada have endured one defeat and disappointment after another. Yet the best have never despaired: Despite every setback, they have retained complete confidence that the truth about the sanctity of all human life must ultimately prevail.
Consider, in this respect, some encouraging news from Italy. With an Italian general election pending on April 13, the conservative Italian Opposition Leader and former prime minister Silvio Berlusconi announced on Feb. 11 that he supports a proposal to have the United Nations adopt a non-binding resolution calling for an international moratorium on abortion. He said: “I think that recognising the right to life from conception to natural death is a principle that the UN could make its own, just as it (recently) did with the moratorium on the death penalty.”
In taking this stance, Berlusconi was following the lead of one of his former cabinet ministers, Giuliano Ferrara. Among Italian politicians, Ferrara is a singular character: He is a self-confessed atheist and former communist, who has transformed himself in recent years into one of Italy’s most prominent conservative journalists.
Currently, Ferrara is seeking election to parliament as leader of the “List for Life” party. He has come to understand and insist on the basis of reason alone that abortion is “evil and should be eradicated.”
In Canada, no leading politician, let alone a serious candidate for the office of prime minister, would dare to support a global ban on abortion. To do so would be the kiss of political death.
But not so in Italy. Even after disclosing his support for a United Nations moratorium on abortion, Berlusconi continued to lead in the polls. Moreover, he has also made plain that his government would not just limit its action on abortion to promoting resolutions at the United Nations.
Senator Maria Burani Procaccini, the spokeswoman on family issues for Berlusconi’s party, has announced that she will introduce legislation to tighten Italy’s abortion regulations if Berlusconi wins the election and forms a new centre-right government. Under Italy’s existing abortion law, abortion on demand is permitted during the first 12 weeks of a pregnancy; from the 13th to the 24th week, an abortion is only allowed if necessary to save the life of the mother or if the baby is seriously malformed; and after the 24th week, all abortions are absolutely forbidden.
Burani Procaccini has promised: “The new law will allow abortion only in really justified cases and within the time-frame already envisaged. There will be tough sanctions for doctors who modify their diagnosis in order to certify non-existent problems with the fetus."
There are, of course, no “really justified cases” for abortion. At least, though, Berlusconi and Burani Procaccini have indicated that they not only personally oppose all abortion, but also plan to introduce legislation to safeguard the lives of at least some babies in the womb.
Consider, in contrast, the sorry state of the politics of abortion in Canada: Both Conservative Prime Minister Stephen Harper and Liberal Opposition Leader Stephane Dion oppose any government legislation to restrict abortion: This, despite the scandalous fact that Canada is the only democracy in the world where abortion is legally permissible at any time and for any reason during a pregnancy right up to the last second before birth.
What’s wrong with Canada? Why are the leading centre-right politicians in Italy far more sensitive than any of their Canadian counterparts to the urgent need to enhance safeguards for the life of babies in the womb?
Among many contributing factors, a difference in clerical leadership stands out. In Italy, Angelo Cardinal Bagnasco, President of the Italian Episcopal Conference, was quick to speak up and commend Berlusconi for endorsing a global abortion moratorium. And on Feb. 25, Pope Benedict XVI followed up with a public statement, reaffirming his oft-repeated conviction that life should be respected “from its dawn” and “in every moment of its earthly development.”
Catholic leaders and pro-life Evangelicals in Canada should take note: By also speaking out more often and more emphatically in defense of the sanctity of all human life, they, too, could play a key role in finally persuading Parliament to place at least some curbs on abortion.
By Rory Leishman
Over the past 40 years, pro-lifers in Canada have endured one defeat and disappointment after another. Yet the best have never despaired: Despite every setback, they have retained complete confidence that the truth about the sanctity of all human life must ultimately prevail.
Consider, in this respect, some encouraging news from Italy. With an Italian general election pending on April 13, the conservative Italian Opposition Leader and former prime minister Silvio Berlusconi announced on Feb. 11 that he supports a proposal to have the United Nations adopt a non-binding resolution calling for an international moratorium on abortion. He said: “I think that recognising the right to life from conception to natural death is a principle that the UN could make its own, just as it (recently) did with the moratorium on the death penalty.”
In taking this stance, Berlusconi was following the lead of one of his former cabinet ministers, Giuliano Ferrara. Among Italian politicians, Ferrara is a singular character: He is a self-confessed atheist and former communist, who has transformed himself in recent years into one of Italy’s most prominent conservative journalists.
Currently, Ferrara is seeking election to parliament as leader of the “List for Life” party. He has come to understand and insist on the basis of reason alone that abortion is “evil and should be eradicated.”
In Canada, no leading politician, let alone a serious candidate for the office of prime minister, would dare to support a global ban on abortion. To do so would be the kiss of political death.
But not so in Italy. Even after disclosing his support for a United Nations moratorium on abortion, Berlusconi continued to lead in the polls. Moreover, he has also made plain that his government would not just limit its action on abortion to promoting resolutions at the United Nations.
Senator Maria Burani Procaccini, the spokeswoman on family issues for Berlusconi’s party, has announced that she will introduce legislation to tighten Italy’s abortion regulations if Berlusconi wins the election and forms a new centre-right government. Under Italy’s existing abortion law, abortion on demand is permitted during the first 12 weeks of a pregnancy; from the 13th to the 24th week, an abortion is only allowed if necessary to save the life of the mother or if the baby is seriously malformed; and after the 24th week, all abortions are absolutely forbidden.
Burani Procaccini has promised: “The new law will allow abortion only in really justified cases and within the time-frame already envisaged. There will be tough sanctions for doctors who modify their diagnosis in order to certify non-existent problems with the fetus."
There are, of course, no “really justified cases” for abortion. At least, though, Berlusconi and Burani Procaccini have indicated that they not only personally oppose all abortion, but also plan to introduce legislation to safeguard the lives of at least some babies in the womb.
Consider, in contrast, the sorry state of the politics of abortion in Canada: Both Conservative Prime Minister Stephen Harper and Liberal Opposition Leader Stephane Dion oppose any government legislation to restrict abortion: This, despite the scandalous fact that Canada is the only democracy in the world where abortion is legally permissible at any time and for any reason during a pregnancy right up to the last second before birth.
What’s wrong with Canada? Why are the leading centre-right politicians in Italy far more sensitive than any of their Canadian counterparts to the urgent need to enhance safeguards for the life of babies in the womb?
Among many contributing factors, a difference in clerical leadership stands out. In Italy, Angelo Cardinal Bagnasco, President of the Italian Episcopal Conference, was quick to speak up and commend Berlusconi for endorsing a global abortion moratorium. And on Feb. 25, Pope Benedict XVI followed up with a public statement, reaffirming his oft-repeated conviction that life should be respected “from its dawn” and “in every moment of its earthly development.”
Catholic leaders and pro-life Evangelicals in Canada should take note: By also speaking out more often and more emphatically in defense of the sanctity of all human life, they, too, could play a key role in finally persuading Parliament to place at least some curbs on abortion.
Saturday, March 01, 2008
Shrewd Advice for Conservatives
The London Free Press
March 1, 2008
Beleaguered conservatives would do well to ponder the sage policy advice advanced by David Frum in his latest book, Comeback: Conservatism That Can Win Again.
While Frum hopes and believes that future generations will render a positive judgement on the mixed record of the presidency of George W. Bush, he has no illusions about the current plight of the Republican Party. “Conservatives were brought to power in the 1970s and 1980s by liberal failure,” writes Frum. “Now conservative failure threatens to inaugurate a new era of liberalism.”
Among the more conspicuous shortcomings of the Bush administration has been failure to improve the living standards of low- and middle-income earners. Frum notes that while labour costs for employers have risen by close to 25 per cent during the Bush years, the entire increase has been absorbed by the soaring costs of health insurance.
A large part of the problem is perverse government regulations that mandate universal coverage for nonessential services such as acupuncture, marriage counselling and hairpieces. As a result, health insurance can cost as much as five times more in a highly regulated state like New Jersey than in low-regulation Kentucky.
Frum urges Republicans to come up with a plausible plan for holding down health care costs, while assuring universal coverage within the framework of a competitive health-care system. In particular, he commends the reforms initiated by former Republican governor Mitt Romney of Massachusetts that make comprehensive and affordable private health insurance compulsory for all state residents.
Canada’s ruling Conservatives should take note: They, too, cannot expect long to remain in power, if they fail to satisfy the demands of voters for an end to the intolerable delays that plague Canada’s state-run, medicare monopolies.
Frum is also concerned about the failure of the Bush administration to reverse the decline in the United States fertility rate to a bare replacement level of 2.1 children per woman of childbearing age. He counsels the Republicans to promote larger families by means of a refundable tax credit of $1,000 per child indexed to inflation.
Canada confronts a much worse demographic crisis, having a fertility rate of barely 1.5. The Harper Conservatives should give priority in the next round of tax cuts to increasing the Canada Child Tax Benefit and transforming it into a non-taxable entitlement for children in all families regardless of income.
Frum maintains that to win again in the United States, conservatives should seize the initiative on environmental issues. To this end, he calls upon the Republicans to endorse a hefty tax of $50 per ton on carbon emissions that would fall mainly on oil, natural gas and polluting coal.
This new levy would serve to cut carbon emissions and reduce United States reliance on oil imports from politically unstable countries, while appealing to voters who are caught up in the global-warming hysteria.
In British Columbia, the province’s nominally Liberal, but in many ways conservative government has recently imposed a more modest carbon tax of $10 per tonne. Conservatives in other oil-importing provinces should consider the introduction of a substantial carbon tax in conjunction with an offsetting increase in child benefits.
Just a few months ago, the Iraq war was the most conspicuous failure of the Bush Administration. The United States-led coalition was making so little headway in combating the Islamist terrorists who prey on the people of that sorely oppressed country that the Democrats looked all but unbeatable in this year’s presidential election.
Today, the outlook for the war is much different. The belated decision of the Bush administration to authorize a surge of military force in Iraq has had remarkable success in curbing terrorist attacks and clearing the way for another free and fair Iraqi election in October.
As an early exponent of increased military force in Iraq, John McCain is the presidential candidate who inspires the most confidence on issues of national security. But to retain the White House for the Republicans, he will have to broaden his appeal, by also embracing the kind of sound and innovative domestic policies proposed by Frum.
March 1, 2008
Beleaguered conservatives would do well to ponder the sage policy advice advanced by David Frum in his latest book, Comeback: Conservatism That Can Win Again.
While Frum hopes and believes that future generations will render a positive judgement on the mixed record of the presidency of George W. Bush, he has no illusions about the current plight of the Republican Party. “Conservatives were brought to power in the 1970s and 1980s by liberal failure,” writes Frum. “Now conservative failure threatens to inaugurate a new era of liberalism.”
Among the more conspicuous shortcomings of the Bush administration has been failure to improve the living standards of low- and middle-income earners. Frum notes that while labour costs for employers have risen by close to 25 per cent during the Bush years, the entire increase has been absorbed by the soaring costs of health insurance.
A large part of the problem is perverse government regulations that mandate universal coverage for nonessential services such as acupuncture, marriage counselling and hairpieces. As a result, health insurance can cost as much as five times more in a highly regulated state like New Jersey than in low-regulation Kentucky.
Frum urges Republicans to come up with a plausible plan for holding down health care costs, while assuring universal coverage within the framework of a competitive health-care system. In particular, he commends the reforms initiated by former Republican governor Mitt Romney of Massachusetts that make comprehensive and affordable private health insurance compulsory for all state residents.
Canada’s ruling Conservatives should take note: They, too, cannot expect long to remain in power, if they fail to satisfy the demands of voters for an end to the intolerable delays that plague Canada’s state-run, medicare monopolies.
Frum is also concerned about the failure of the Bush administration to reverse the decline in the United States fertility rate to a bare replacement level of 2.1 children per woman of childbearing age. He counsels the Republicans to promote larger families by means of a refundable tax credit of $1,000 per child indexed to inflation.
Canada confronts a much worse demographic crisis, having a fertility rate of barely 1.5. The Harper Conservatives should give priority in the next round of tax cuts to increasing the Canada Child Tax Benefit and transforming it into a non-taxable entitlement for children in all families regardless of income.
Frum maintains that to win again in the United States, conservatives should seize the initiative on environmental issues. To this end, he calls upon the Republicans to endorse a hefty tax of $50 per ton on carbon emissions that would fall mainly on oil, natural gas and polluting coal.
This new levy would serve to cut carbon emissions and reduce United States reliance on oil imports from politically unstable countries, while appealing to voters who are caught up in the global-warming hysteria.
In British Columbia, the province’s nominally Liberal, but in many ways conservative government has recently imposed a more modest carbon tax of $10 per tonne. Conservatives in other oil-importing provinces should consider the introduction of a substantial carbon tax in conjunction with an offsetting increase in child benefits.
Just a few months ago, the Iraq war was the most conspicuous failure of the Bush Administration. The United States-led coalition was making so little headway in combating the Islamist terrorists who prey on the people of that sorely oppressed country that the Democrats looked all but unbeatable in this year’s presidential election.
Today, the outlook for the war is much different. The belated decision of the Bush administration to authorize a surge of military force in Iraq has had remarkable success in curbing terrorist attacks and clearing the way for another free and fair Iraqi election in October.
As an early exponent of increased military force in Iraq, John McCain is the presidential candidate who inspires the most confidence on issues of national security. But to retain the White House for the Republicans, he will have to broaden his appeal, by also embracing the kind of sound and innovative domestic policies proposed by Frum.
Human Rights Commissions Target Christians
The Interim
By Rory Leishman
Every federal and provincial human rights code in Canada prohibits discrimination on the basis of religion, so why do not faithful Christians take advantage of these laws to protect themselves from anti-Christian discrimination?
To anyone who is at all familiar with human rights litigation, the answer is, or should be, obvious: Canada’s human rights codes are a two-edged sword that is much less likely to be wielded for than against Christians, especially those who affirm the plain teachings of Sacred Scripture on the sinfulness of sexual intercourse outside the bonds of marriage between a man and a woman.
Let us recall some of Canada’s more notorious human rights cases. In 1997, Dianne Haskett, a lawyer and devout Evangelical Protestant who was then serving as mayor of London, Ontario, was convicted and fined by an Ontario human rights board of inquiry for refusing on religious principle to issue a gay pride proclamation.
In 2002, a three-judge panel of the Ontario Superior Court of Justice unanimously upheld the ruling of a human rights board of inquiry which found that Scott Brockie, a Toronto print-shop owner and sincere Christian, had violated the Ontario Human Rights Code, by refusing on religious grounds to print letterheads and other materials for an organization that promotes gay, lesbian, and bisexual lifestyles. Having already run up close to $100,000 in legal bills and standing little chance of winning upon further appeal, Brockie gave up and complied with the order of the tribunal that he must pay $5,000 in damages to the homosexual complainant in the case and never again refuse to print such materials for a homosexual client.
Meanwhile, in Saskatchewan, Hugh Owens was ordered by a provincial human rights board of inquiry to pay $1,500 in damages to each of three homosexual complainants for having hurt their feelings by publishing an advertisement in the Saskatoon Star-Phoenix that featured a list of Bible verses condemning homosexual acts. Owens lost on appeal to the Saskatchewan Court of Queen’s Bench, but won in 2006, in the provincial Court of Appeal, which found that his advertisement did not transgress the limits of freedom of expression permitted by the province’s human rights code.
In the aftermath of this court-of-appeal ruling in Owens, can faithful Christians rest assured that they have nothing to fear from Canada’s human-rights thought police? Most certainly not. In 2005, the British Columbia Court of Appeal held in the Chris Kempling case that a Christian teacher has no right to point out the risks of homosexual sexual behaviour in a letter to the editor of his hometown newspaper. How the Supreme Court of Canada might eventually settle these contradictory rulings is anyone’s guess.
In the meantime, while Christians have been losing case after case in human rights tribunals, the Canadian Jewish Congress has been going from victory in victory. The Congress is especially proud of having used the Canadian Human Rights Commission and the courts to expose Ernst Zundel as a holocaust denier and get him extradited to Germany, where he is serving a sentence of five-years imprisonment for incitement of hatred against Jews.
No one should have any sympathy for Zundel, but are his prosecution and incarceration really a victory for Canadian Jews? Ezra Levant, the former editor of The Western Standard and an Orthodox Jew, does not think so. He points out that prior to the prosecution for hate crimes, Zundel was only an inconsequential and obscure bigot. Levant charges: “The Canadian Jewish Congress, and its executive director, Bernie Farber, are the super-agents who turned Ernst Zundel into an international figure.”
Alan Borovoy, general counsel for the Canadian Civil Liberties Association, likewise opposed the prosecution of Zundel. In a recent interview with the Edmonton Journal, Borovoy said: "Nobody ever thought the commissions would have anything to do with expressions of opinion or the dissemination of news reports. I think it's awful that a law could be used to muzzle that kind of expression. That's the stuff of what democratic polemics are about."
Christians should heed Borovoy’s warning. And we should join with him and Levant in urgently calling upon Parliament and the provincial Legislatures to enact legislation to eliminate at least the censorship powers of Canada’s oppressive human rights commissions.
By Rory Leishman
Every federal and provincial human rights code in Canada prohibits discrimination on the basis of religion, so why do not faithful Christians take advantage of these laws to protect themselves from anti-Christian discrimination?
To anyone who is at all familiar with human rights litigation, the answer is, or should be, obvious: Canada’s human rights codes are a two-edged sword that is much less likely to be wielded for than against Christians, especially those who affirm the plain teachings of Sacred Scripture on the sinfulness of sexual intercourse outside the bonds of marriage between a man and a woman.
Let us recall some of Canada’s more notorious human rights cases. In 1997, Dianne Haskett, a lawyer and devout Evangelical Protestant who was then serving as mayor of London, Ontario, was convicted and fined by an Ontario human rights board of inquiry for refusing on religious principle to issue a gay pride proclamation.
In 2002, a three-judge panel of the Ontario Superior Court of Justice unanimously upheld the ruling of a human rights board of inquiry which found that Scott Brockie, a Toronto print-shop owner and sincere Christian, had violated the Ontario Human Rights Code, by refusing on religious grounds to print letterheads and other materials for an organization that promotes gay, lesbian, and bisexual lifestyles. Having already run up close to $100,000 in legal bills and standing little chance of winning upon further appeal, Brockie gave up and complied with the order of the tribunal that he must pay $5,000 in damages to the homosexual complainant in the case and never again refuse to print such materials for a homosexual client.
Meanwhile, in Saskatchewan, Hugh Owens was ordered by a provincial human rights board of inquiry to pay $1,500 in damages to each of three homosexual complainants for having hurt their feelings by publishing an advertisement in the Saskatoon Star-Phoenix that featured a list of Bible verses condemning homosexual acts. Owens lost on appeal to the Saskatchewan Court of Queen’s Bench, but won in 2006, in the provincial Court of Appeal, which found that his advertisement did not transgress the limits of freedom of expression permitted by the province’s human rights code.
In the aftermath of this court-of-appeal ruling in Owens, can faithful Christians rest assured that they have nothing to fear from Canada’s human-rights thought police? Most certainly not. In 2005, the British Columbia Court of Appeal held in the Chris Kempling case that a Christian teacher has no right to point out the risks of homosexual sexual behaviour in a letter to the editor of his hometown newspaper. How the Supreme Court of Canada might eventually settle these contradictory rulings is anyone’s guess.
In the meantime, while Christians have been losing case after case in human rights tribunals, the Canadian Jewish Congress has been going from victory in victory. The Congress is especially proud of having used the Canadian Human Rights Commission and the courts to expose Ernst Zundel as a holocaust denier and get him extradited to Germany, where he is serving a sentence of five-years imprisonment for incitement of hatred against Jews.
No one should have any sympathy for Zundel, but are his prosecution and incarceration really a victory for Canadian Jews? Ezra Levant, the former editor of The Western Standard and an Orthodox Jew, does not think so. He points out that prior to the prosecution for hate crimes, Zundel was only an inconsequential and obscure bigot. Levant charges: “The Canadian Jewish Congress, and its executive director, Bernie Farber, are the super-agents who turned Ernst Zundel into an international figure.”
Alan Borovoy, general counsel for the Canadian Civil Liberties Association, likewise opposed the prosecution of Zundel. In a recent interview with the Edmonton Journal, Borovoy said: "Nobody ever thought the commissions would have anything to do with expressions of opinion or the dissemination of news reports. I think it's awful that a law could be used to muzzle that kind of expression. That's the stuff of what democratic polemics are about."
Christians should heed Borovoy’s warning. And we should join with him and Levant in urgently calling upon Parliament and the provincial Legislatures to enact legislation to eliminate at least the censorship powers of Canada’s oppressive human rights commissions.
Subscribe to:
Posts (Atom)