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

Kitimat’s Water Quality Advisory, which has been in place for just over a week, has been lifted. (Black Press file photo)
Water Quality Advisory in Kitimat lifted

The district has been under a Water Quality Advisory since June 2

On June 16 at 6 p.m., the Kitimat Chamber of Commerce will be hosting a public presentation and discussion with Happipad, a social enterprise, to talk about solutions for affordable housing Kitimat. (Happipad photo)
Affordable housing to be focus of Kitimat Chamber of Commerce meeting

Figures indicate the average Kitimat household needs to make more than $92,000 a year

(District of Kitimat logo)
Hirsch Creek Bridge restricted to single lane traffic

The district is restricting the bridge traffic to legal highway loads only

Artist’s illustration of the proposed Kitimat LNG facility at Bish Cove near Kitimat. (Kitimat LNG illustration)
Haisla Nation surprised by Woodside pull out from Kitimat LNG project

Haisla Nation council states its main focus is now on developing the Haisla-led Cedar LNG project

(Northern Health logo)
Pop-up vaccine clinic tomorrow at the Save-on-Foods parking lot in Kitimat

The clinic will be this Friday, June 11 from 6:00 p.m. to 8:00 p.m.

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read