- let the trial being - Using ‘Gay Rights’ as an example of the evils that will befall our society and covert Xenophobia won’t make it.

Comment on "First decriminalization, then plural marriages", Tom Flanagan, 23 mar.'09, G&M
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What Tom Flanagan seems to be criticizing is the Canadian Courts’, especially the Supreme Court of Canada, clarification of our basic human rights as enshrined in the Canadian Charter of Rights. In other words it is really our Charter of Rights and its application by our Courts in protecting our basic human rights, and religious freedom is a basic, fundamental human right, and our Supreme Court of Canada, that he is attacking.


This has been one of the big concerns about Harper and the Con’s and their extreme right wing ideology, and probably we are quite fortunate that they do not have a majority. Given Tom has been so closely connected to Harper and the Con’s in the past, at least, this attack on our Charter of Rights is very predictable and perhaps being done to “test the waters” so to speak.


Section 15(1) of the Charter states, in part: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on … religion…”. Sounds good to me.


Generally the Canadian Courts enforce, as far as I can see, our laws against bigamy, and polygamy is just an example. From what I have read and heard in the media, this case certainly raises the issues of the right to practice one’s religion and religious beliefs.


If the application of our laws against bigamy, in the case at hand, infringes s.15(1) of the Charter, then by a proper interpretation of Section 2 of the Charter it is up to the Government of Canada to prove that this infringement, in the particular case at hand, is “demonstrably justified”. So, let the trial begin. To me using ‘Gay Rights’ as an example of the evils that will befall our society and covert Xenophobia won’t make it.


Lloyd MacIlquham