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Supreme Court
Political : Supreme Court

Chief JusticeMcLachlin (letter March 2008)
By Joseph Thompson
Issue: March 2008

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Chief Justice Beverly McLachlin of the Supreme Court of Canada is engaged, no doubt unwittingly, in providing a firm philosophical foundation for what may well be called the French Revolution in Canadian law. I refer to her statement, quoted in the January 2008 issue of Catholic Insight, "Indecency has two meanings, one moral and one legal. Our concern is not with the moral aspect of indecency, but with the legal". [Kokoski, "public Morality," p32ff]

The French Revolution separated a lot of things that belonged together, notably the heads of Frenchmen from their bodies. The separation of head and body is one reliable recipe for death, and the reign of the guillotine in France is known in history as The Terror. In that light Chief Justice McLachlin has given us a viable definition of terrorism, namely, the separation of things that belong together, for the separation of legality from morality is simply a more sophisticated definition of Terror than the crude separation of heads from bodies.

It is more sophisticated but it is more lethal, for it provides—or pretends to provide—a reasonable basis for an unending list of tyrannical acts both in law and in practice.

It started with a French Canadian Prime Minister by the name of Pierre Trudeau who, in the name of freedom, "legalized" the premature separation of an unborn child from his or her mother's womb, usually by separating parts of the child's body from one another. It was called freedom; it was actually terrorism.

There is a flip side to this evil coin, however, namely the forcing together of things that belong apart. It is no coincidence that the "legalization" of prenatal infanticide has ushered in the "legalization" of homosexuality. Their common denominator is the separation of legality from morality.

This phenomenon is not confined to Canada. Some court in the United States not that long ago removed a Moses-like tablet of the Ten Commandments from its courthouse as if to say that legality had nothing to do with morality. It would have been wiser to say that air had nothing to do with breathing.

What Canada has developed are "courts" (called, euphemistically, Human Rights Tribunals) which are used to force together things which belong apart, like partners of the same sex, or children the same sex partners wish to "adopt" or human embryos and test tubes—in a word, legality and immorality. Such "legality" is a perfect name for tyranny.

The French Revolution ended in tyranny. It could not be otherwise. It was built on the separation of legality from morality. Beverly McLachlin is asking to go down in history as Canada's Madame Defarge, only in a more aristocratic level of society.

Toronto, ON

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    Updated: Mar 6th, 2008 - 13:51:39 

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