Krytocracy.
That is to say, the Supreme Court of Canada’s decision yesterday disallowing Canada’s laws against prostitution, is another step along the road to Government by the Judiciary aka Krytocracy.
With its decision the Supreme Court continues its tradition of making laws rather than interpreting them, the latter being its true function in a democratic state. In other words – laws should be made by the people through their elected representatives. Period Full Stop
But, as you and I know, the really big issues affecting society today – are made by courts and not by you or I; whether we are talking about what constitutes marriage, common law unions, rights or more appropriately non rights of the unborn; rights of gays, environmental issues, native issues etc etc – and now – the rights of prostitutes to carry on their trade without interference, have all been defined by the Court and, accordingly, Society will never again be the same.
You may argue that is a good thing – ie that societal changes in these areas are good and maybe so – but I believe that these are decisions for the population as a whole and not to be left to the determination of a few – too often – left leaning judges.
That said, it would certainly be cheaper to move entirely to Krytocracy – dismantling Parliament and scrapping elections would save us billions.
And dear reader – sadly not all that much would be lost since our Democratic Leaders continue to get bogged down with the minutia and are very much complicit with the Courts in letting them do the heavy lifting.
Pathetic … but that is where things have come to.
So what to do about yesterday’s decision?
If I was Harper I would tell the Court to take a flying leap and would do so by injecting the Notwithstanding Clause.
Either Prostitution is inherently wrong … or it is not. And most of you out there, like me, believe the former.
So make it all illegal instead of the current state (at least for the next year) where prostitution itself is legal but all activities surrounding it are not. It is to laugh.
This case has all the hallmarks of the Morgentaler Abortion Case. There the Court struck down Canada’s abortion law and gave the Government time to draft a new one. Nothing was done so abortion on demand was no longer illegal. It did not, as some believe, and too often say “unresticted abortion is the law” since the fact is, there is no law applying to abortion.
That could happen here as well. The SCC has given Harper and company 1 year to draft a new law dealing with the issue of prostitution. He could let the time go by and the current law would simply die by default. Or he could impose the notwithstanding clause as I recommended above.
What I think he will do is move on new anti prostitution legislation if for no other reason than his base would support that and again on this issue the majority of Canadians would support him.
Moreover it would provide him with an excellent wedge issue to favourably distinguish his party from both the NDP and the Liberals.
The sad thing is this is that should Harper move on new legislation it would be politically motivated rather than an attempt to retake Parliament’s rightful for role from the Courts.
As I see it…
‘K.D. Galagher’
will happen here. That is to say, the Court there too gave Government time to amend its legislation which it did not and abortion on demand came about by default.
