Monday, June 06, 2016

So Much for Sunny Ways

It's a safe bet that the Trudeau government's politicized assisted dying law is being met with the same howls of derision in law schools across Canada as it is being spurned by our superior courts.

It's bad law. There's not even any argument. It's the very sort of thing we used to get from the Harper gang.

It speaks more for the integrity of the Trudeau government than anything else. They are playing politics at the expense of Canadians suffering from irremediable, unendurable conditions. That's beyond immoral and it is utterly inexcusable, unforgivable.

It's no wonder they can't tell the truth about it. They literally mock the afflicted and their suffering where that suits their partisan purposes.

Every lawyer in the country worth his salt sees through Trudeau's scam. It's that obvious. Lest there be any doubt, however, even the slightest shred, you can take it from the legendary Peter Hogg, for decades the leading expert on Canadian constitutional law.

Peter Hogg — who literally wrote the book on constitutional law in Canada, a text frequently cited by the Supreme Court — says Bill C-14 is inconsistent with the top court's landmark ruling known as the Carter decision last year, which struck down the ban on assisted dying as a violation of the charter right to life, liberty and security of the person.

Hogg is among the witnesses scheduled to appear today before the Senate's legal and constitutional affairs committee to discuss the bill.

In speaking notes prepared for the committee and obtained by The Canadian Press, Hogg notes that the Supreme Court specifically said Parliament could respond to its ruling "should they so choose, by enacting legislation consistent with the constitutional parameters set out in these reasons."

...If C-14 is enacted in its current form, Hogg says, "the class of entitled persons would no longer include people whose suffering is not an end-of-life condition."

"It is incredible to me that the court in Carter, when it called for legislation by Parliament 'consistent with the constitutional parameters set out in these reasons,' was envisaging legislation that would narrow the class of entitled persons."

...If the bill is enacted with the near-death provisions still intact, Hogg says "it can be safely predicted that a member of the newly excluded class" — someone who meets the Carter criteria but is not close to death — will challenge the constitutionality of the new law.

And he suggests the result of such a challenge is inevitable: "What judge would not strike down the end-of-life provisions?"

Judging by how superior courts in three provinces have handled it so far, the answer to Peter Hogg's question would be "none."


Gyor said...

I agree with you that's its bad law, but I don't think its on purpose.

I think they're trying to keep it from people who need theapy, not a humane lethal injection, but who might use it as such, like that rape victim who had assist suicide,when she needed Acceptance and Commitment Theapy to face it and move on.

The Mound of Sound said...

Gyor, I have your point but that is covered by the "irremediable" criterion in the Carter decision. Besides you cannot deny this constitutional protection to an entire class of people in unbearable suffering for the reason you've cited.

Gyor said...

Oh I agree, I'm just pointing out what's likely behind their reasoning.

Anonymous said...

I just don't see the political gain here. It's not hard to see how Harper would gain by something like this. Harper and his base love kicking their social inferiors. And if they can poke some "activist judges" in the eye with an unconstitutional law, so much the better.

But Trudeau? I don't see what's in it for the Libs. I don't buy Gyor's speculation, since nobody in government's ever hinted that concern for assault victims is behind this bill. So, cui bono?


Anonymous said...

LOL. The 'Ghastly Mound' is like a dog with a bone on this thing. Grrrrrrrr!

The Mound of Sound said...

Yes, Simon, I'm sure it seems that way to any Liberal apologist. It's fiendish when Harper does it but we must all stand mute when the Liberals do it. Be careful, you could drown in that mixture of bullshit and hypocrisy.

The Mound of Sound said...

One other thing. Assisted dying is a subject on which I was engaged long before the Carter decision. It's an issue on which I've been advocating for some time and I was thoroughly critical of the Harper regime on this.

I wasn't critical of the Trudeau gang's handling of this until it introduced a bill that flouted the law established in the Carter decision, a bill that sought to deny the protection of the Charter to a group of people living in or facing unbearable suffering.

Now, to my mind, you have to be a total asshole to be okay with that. That's especially so for someone who is okay with their leader's attempts to weasel out from under the rule of law. Worse yet are those who look the other way when their justice minister plays deceitful political games that impact the life of a severely disabled woman in unbearable suffering. What kind of a fucking asshole do you have to be to think that's okay or to mock someone who doesn't? Someone like you, I guess.

During the Harper years I steered clear from the Katie Shaidles of the Tory blogosphere because they resorted to vitriol in lieu of reason and they were so partisan that they could not be engaged in discussion. Now we have a new government and the same sort of voices are echoing among its ranks. I guess each party carries its share of trash.

Northern PoV said...

Re: "Katie Shaidles of the Tory blogosphere because they resorted to vitriol in lieu of reason and they were so partisan that they could not be engaged in discussion"

Well based on the level of hyperbole recently posted here I'd say we got a case of 'kettle calls pot'

just sayin'

The Mound of Sound said...

Look, NPoV, I'm not slagging that guy as a "hater" and I'm not trolling his blog leaving smear comments. You can't tell the difference? Sorry, I really don't care. I'm not interested in wasting time on this crap.