Chief Justice Beverley McLachlin (centre) and the Supreme Court of Canada

Chief Justice Beverley McLachlin (centre) and the Supreme Court of Canada

BC VIEWS: Bowing to the power of judges

From 'medical' marijuana to 'assisted' dying, courts have free hand to tell the Justin Trudeau government what to do

One of the enduring legacies of Pierre Trudeau’s time as prime minister is the legal supremacy of the individual, as articulated in the Charter of Rights and Freedoms.

We are seeing this played out with greater force than ever today, by an activist high court that swatted aside Stephen Harper’s attempts to restrain it, and now orders a meek, politically correct Justin Trudeau government to do its bidding.

The Federal Court decreed last week that people have the right to grow their own “medical” marijuana. This ruling is unlikely to be appealed, given that Trudeau the Younger is committed to legalizing marijuana for everyone.

There are conditions that show measurable relief from marijuana products, such as glaucoma or the nausea and loss of appetite associated with cancer treatments. But much of the so-called medical marijuana industry is based on unsubstantiated claims about an inconsistent herbal remedy that hasn’t been studied much because it’s been illegal.

The Federal Court case involves four people from B.C., which boasts more than half of the contested medical marijuana growing licences issued across the country.

One of the petitioners suffers from a vaguely defined condition known as “chronic fatigue syndrome,” which led to a disability pension from a federal civil service job at age 45.

The judge cited no research to support the claim that sitting around smoking dope relieves this condition. Indeed it defies common sense that a set of symptoms with no identified cause, which might be confused with what we used to call laziness, would be alleviated by chronic consumption of a drug that promotes eating chips and watching TV.

But we peasants aren’t supposed to question our monarchs, especially those in ermine-trimmed red robes at the Supreme Court of Canada.

That court has decreed that our charter, which in Section 7 protects the “right to life, liberty and security of the person,” includes a right to have a doctor’s help to commit suicide. Euthanasia has been re-branded as “assisted dying” by all the most “progressive” countries, and Canada has been given a firm deadline to join the club.

(Meanwhile, the term “right to life” is all but banned from university campuses, to minimize the risk of a crude literal interpretation that it means, you know, a right to life.)

A Liberal-dominated committee of MPs and senators has recommended full-throttle implementation, not restricted to terminal illness and including mental conditions such as depression and dementia. The majority suggested even “mature minors” should have this new right.

The politicians support allowing doctors to opt out of cases they won’t condone, as long as they provide a referral to another doctor.

In Belgium, one of the pioneers of this brave new world, most of the growing number of euthanasia patients have had cancer. But as The New Yorker magazine reported in a ground-breaking article last summer, others have been euthanized because of autism, anorexia, partial paralysis, blindness with deafness, manic-depression and yes, chronic fatigue syndrome.

B.C. Health Minister Terry Lake expressed the hope that Canada ends up with a consistent policy on doctor-assisted suicide, rather than a provincial patchwork.

The closest Lake came to politically incorrect criticism was to caution that “deep discussion” is needed around the court’s notion of a “competent minor,” someone not yet entrusted with the vote or access to a liquor store.

Three dissenting Conservative MPs went so far as to say the recommendations don’t adequately protect seniors who might be coerced into checking out and passing on their estates. How old-fashioned.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press. Email: tfletcher@blackpress.ca Twitter: @tomfletcherbc

 

Just Posted

The Binche Fishing Derby at Stuart Lake is fast approaching. (Binche Fishing Derby Facebook photo)
Binche shares excitement for upcoming fishing derby

“It’s more than just fishing,” says Dave Birdi

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. (THE CANADIAN PRESS/Jonathan Hayward)
Local youth vaccination clinics underway

Pfizer vaccine will be used

Priya Sharma. (Submitted)
Column: Why ultimatums don’t work

By Priya Sharma It is a common misconception that people can choose… Continue reading

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

Most Read