THE BEAUTY AND THE BEAST OF IT ALL
A century that began with children having virtually no rights, will likely end with children having its most powerful legal instrument--our Constitution--have virtually no effect at all as our Charter regulators are outsourced. Equality before the law will now cost you a pretty penny (oops)--or should we equate that to--ah pretty loonie?
Please be advised of new changes, already in effect.
Change 1: Work formerly done by civil servants under the direction of a Minister answerable to Parliament is delegated out to the Executive branch.
Change 2: Executive functions are now delegated to administrative tribunals: labour tribunals, pension boards, licencing boards, immigration appeal boards, and human rights (and more). These tribunals (independent oversight bodies) are not answerable to Parliament, or the oversight's body oversight body: The Provincial Ombudsman. (Confused? Let me explain.)
With the new changes in place, if you have a problem with the tribunals' action, or lack of action, you are required to take your complaint to court--bearing in mind, not everyone has the mental capacity, or the financial resources to fight a Charter Rights claim.
As the Chief Justice of Canada, Right Hon. Beverley McLachlan stated in a November 22, 2004 report 
It is not for me to say whether the present allocation of power and responsibilities between the Legislative and the Executive is the best one to meet the needs of Canadian democracy today. This is a matter best left to our elected representatives. But in this debate, it is essential that each branch of government continue to acknowledge the commitment of the other to act in accordance with the Constitution.
Parliament requires the Minister of Justice, and Deputy Minister, ensures any proposed new legislation conforms to the Charter and Bill of Rights: To that end, they have federal lawyers to brief them accordingly.
VALUE LOST IN CONVERSION
See related posting from: A Bullish Government Monkey with Rules--Get a Monkey on your back:Apr 11 2012:
One should question the effectiveness and integrity of such a Society who, without question or investigation, sides with the lawyer and firm of Thompson Dorfman Sweatman against Marielle whose mental disability required minimal accommodation in order to move on to new employment. The Law Society (and courts) by denying her an opportunity to correct the wrong is essentially blaming her for having a mental disability and treated her without any mercy, compassion or dignity. (read more)
Excerpt from the Toronto Star article states as follows:
"Before a federal judge last week, Schmidt maintained that government lawyers are instructed to raise possible Charter conflicts only when the violations are unambiguous. Even if a bill is deemed to have a 95-per-cent probability of contravening the Charter, as long as some argument, however dubious, can be made in its defence, the minister is not to be notified."
The judge made the following comment in response to the disciplinary action against Schmidt in court:
"... the day after filing of the statement (by Mr. Schmidt) bang, you're suspended. It's unbelievable. Your client (Federal Government) has done everything it can to kill this thing...The court doesn't like that...We see that in different countries that we don't like. ...Canada is still a democracy."
Are you an able body up to the task? Because we seem to have an overabundance of applicants for the highly paid positions of: EVERYBODY, SOMEBODY, ANYBODY, AND NOBODY.
There was an important job to be done and everybody
most vulnerable had no help.
Anybody could have done, what they knew—
by law—had to be done: The facts and evidence
were all there, but nobody did it.
I’m very sure that Somebody got angry about that
because it was their job. Everybody thought anybody
could do it, but nobody realized that nobody cared
It ended up that everybody
- Supreme Court of Canada, Remarks of the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada Conference on the Law and Parliament Ottawa, Ontario Monday, November 22, 2004.-
- "O Canada" -- A Canadian Heritage was proclaimed Canada's national anthem on July 1, 1980, 100 years after it was first sung on June 24, 1880.
- See complete January 19, 2013 article on Toronto Star website “Government Lawyer Edgar Schmidt Courageously Blows the Whistle”
- Adapted from http://www.englishclub.com/grammar/pronouns-notmyjob.html