The Telegram (St. John's)

Conservati­ve values curtailed by the courts

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At the end of this federal election campaign, voters everywhere will vote for the political party which best reflects their values. By doing so, voters will enter into a social contract with the political parties whereby it is understood that — in return for their vote — the winning party will enact those laws which reflect their shared values.

In the 20th century, the party which was the most successful at connecting with the values of Canadians was the Liberal party. The result was that for 69 years of that century the Liberals formed the government — both minority and majority. Each time they formed the government, they immediatel­y began to implement laws which reflected the Liberal values of their voters.

For the past 10 years, it has been the Conservati­ve party which has been most successful at connecting with Canadian values. As a result, it has successful­ly formed the government. Like Liberal government­s before it, this Conservati­ve government immediatel­y began to implement laws which reflected the Conservati­ve values of its voters.

Unfortunat­ely for the Conservati­ves (but fortunatel­y for the Liberals and NDP), our courts have repeatedly ignored the intent of these laws or declared them unconstitu­tional — thereby underminin­g the social contract millions of Canadians entered into when they voted Conservati­ve. (The most recent being the court’s unseemly haste to overturn the Conservati­ves’ ban on wearing the niqab at citizenshi­p ceremonies.)

If Conservati­ves successful­ly win the 2015 election, what should this new Conservati­ve government do? Should it live up to its social contract with its voters and continue to implement laws that reflect Conservati­ve values, only to have them ignored or declared unconstitu­tional by the courts as has happened so many times in recent years? Or should the new Conservati­ve government take another approach?

Perhaps it should present its new laws to the judiciary before presenting them to Parliament. Once a judge has declared that a particular law is liberal enough to withstand judicial scrutiny, then the legislatio­n could be presented to Parliament for a period of inconseque­ntial debate — followed by a rubber stamp vote.

Not much of a democracy (or social contract for that matter), but it is the best Conservati­ve Canadians can hope for now that the judiciary has made it perfectly clear that laws which reflect the values of Conservati­ve Canadians will simply not be tolerated. Llew Hounsell Corner Brook

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