OTTAWA, August 24, 2004 (LifeSiteNews.com) - The Minister of Justice and Attorney General of Canada, Irwin Cotler today announced two nominees for appointment to the Supreme Court of Canada: Madam Justice Louise Charron, and Madam Justice Rosalie Abella -- both from the Ontario Court of Appeal. Charron and Abella will be vetted in a new parliamentary screening process to start this week.

In a press release today, Canada's largest pro-life organization is decrying both the nominees for, and the process involved in, proposed new appointments to the Supreme Court of Canada by federal Justice Minister Irwin Cotler.

"We fear that, should they be appointed to the Supreme Court, both Louise Charron and Rosalie Abella will apply not impartial reason and law to their decisions, but their own ideological biases, which are decidedly left of centre," commented Jim Hughes, president of Campaign Life Coalition. "We are calling on Mr. Cotler and Prime Minister Paul Martin to select more ideologically centrist candidates, who have views more in keeping with the sentiments of mainstream Canada."

"The two nominees are known hard-line feminists who will apply not law and reason but their own ideologies," Gwen Landolt, head of REAL Women of Canada, said in comments made to LifeSiteNews.com Tuesday. Landolt pointed out that both Charron and Abella are staunchly pro same-sex "marriage" and benefits, having both handed down decisions favouring this position. Abella, in her Rosenberg decision in 1999, insisted the federal government revise income tax laws to favour same-sex couples.

Charron acted as the associate director of the National Judicial Institute for two years, a body of feminist legal theorists formed to promote feminist theory in law, Landolt explained. The Institute produced a "gender sensitivity program" written by feminists, to be used to train Canadian judges, Landolt said.

The federal government has convened an ad hoc committee to review the nominations, necessitated by the recent departures of Justices Louise Arbour and Frank Iacobucci. Minister Cotler will appear before the ad hoc committee in a public hearing Wednesday to discuss how and why the nominees were chosen.

"The appointment system is a charade," Landolt said, commenting on the nomination and selection process. The Liberal government calls the new process "transparent," however, only Cotler will appear before the committee for questioning, not the judges themselves, Landolt explained. Although parliamentarians can ask questions of Cotler, there is no mechanism in place whereby lawmakers can repeal his nominations. "It's a smoke and mirrors game," Landolt said.

The ad hoc committee will issue a report Friday providing advice on the appointment of the nominees, for the consideration of the Prime Minister and Cabinet.

"This spells the end of the court," Landolt said. "The court is now a political toy to be kicked and used at the discretion of the government." These appointments "further undermine Canadians trust in the courts. There is no more credibility for the Supreme Court."




August 24, 2004

  The proposed appointment of two radical activist judges to the Supreme Court of Canada has grossly politicized the process, according to CFAC.


  PM Martin grossly politicizes Supreme Court appointment process.

  Calgary –  “These two judges from the Ontario Appeal Court have a long history of injecting themselves into the media spotlight for radical decisions on matters of fundamental social policy. It looks like the Prime Minister is rewarding these unelected “politicians” with a promotion,” says Brian Rushfeldt CFAC’s Executive Director.

Rushfeldt says, “It’s highly ironic that the media establishment is criticizing the Parliamentary review of these appointments as “politicizing the selection process” when, in fact, the PM continues to have all the power to appoint judges, and that is not political. And, just look at the political track record of these two activists.” 

Justice Louise Charron, in 1999, reduced the 14-month jail sentence of Ivan Cohen to house arrest and 100 of community service. He had been convicted of possessing and distributing child pornography depicting children as young as 4 engaged in sexual acts. Charron concurred in the 1998 M&H decision that redefined “spouse” for the purposes of family law in Ontario . And, Charron concurred in the 2000 Parker decision striking down cannabis prohibition laws, as unconstitutional.

Justice Rosalie Abella invented the term “employment equity” and led a Royal Commission that recommended legislating hiring based on racial and sexual discrimination. Ironically, Abella comes from a province that abolished the racist and sexist practice almost a decade ago.

As an Appeal Court Justice, Abella wrote the Rosenburg decision which rejected the Supreme Court precedent in Egan (1995) and granted survivors pensions to homosexual partners. (The federal government refused to appeal Rosenburg.) Abella also wrote a decision in the 1995 Carmen M case that reduced the age of sexual consent for sodomy so that men cannot be held criminally responsible for engaging in sodomy with children as young as 14 years of age.

Indicating utter contempt for Parliament and the rule of law, Abella wrote in the Rosenburg decision:

“Elected governments may wait for changing attitudes in order to preserve public confidence and credibility. Both public confidence and institutional credibility argue in favour of courts being free to make independent judgments notwithstanding those same attitudes.”

“Let us be clear,” says Rushfeldt, “We support the right of Charron and Abella to take any position they want on the issues, and even re-write the law with their colleagues, but our only demand is that they get elected to Parliament first, rather than doing so from the bench. The PM is politicizing the Court with these two political appointees and trying to advance the Liberal party agenda on issues such as drugs, sexual orientation and judicial activism through the Supreme court. Canadians are not fools Mr. Martin , you again broke your promise to revise the process ”

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Brian Rushfeldt

Executive Director