"Freedom can primarily be characterized by
the absence of coercion or constraint. If a person
is compelled by the state or the will of another to
a course of action or inaction which he would not
otherwise have chosen, he is not acting of his own
volition and he cannot be said to be truly free."
Chief
Justice Bryan Dixon in the " Big M Drug Mart
Ltd." decision.
Substitute the judiciary for "the state" in
the above quote and we realise we are not "truly
free."
To
understand how we lost our freedoms we have to go back
a number of years to the beginning.
The
loss of personal freedom in Canada had its roots in a
decision by an appointed Supreme Court judge. His name
was Ivan C. Rand. This judge brought compulsory union
dues to Canada in 1946. This assault on personal freedom
was known as the Rand Decision.
The
rationale behind his decision was that trade unions needed
money for collective bargaining and since workers benefited
from negotiated agreements all persons in the union had
to pay compulsory dues. There should be no freeloaders.
Collective bargaining evolved into collective coercion
and trade unions became a tax free money machine for numerous
political, social and moral issues that had nothing whatsoever
to do with the workplace. Support of abortion, homosexuality,
radical feminists, socialism and numerous other causes
became the agenda of trade unions.
There
are over 2 million compulsory union members in Canada.
These people just like everybody else in society have
different social, moral, political and religious beliefs
yet they are forced to support non work issues with their
forced union dues. Even union members personal views on
society are under attack. Chris Kempling, a member of
the B.C. Teachers Federation (BCTF), was disciplined by
the British Columbia College of Teachers (BCCT) for "conduct
unbecoming a member." What was Mr.Kempling’s
crime? On his own time, he chose to write letters to the
newspapers criticizing the homosexual agenda of the BCTF.
We have reached a dangerous crossroads in Canada when
a person can be disciplined by a union for expressing
their opinions in letters to the newspapers. Whatever
happened to "freedom of expression" in this
country? The union bosses say all these non work issues
are decided democratically at conventions. This begs the
question: How can anything be democratic if membership
and dues are compulsory? And what does this say about
our so called Charter of Rights and Freedoms? When a person
is in a forced association, how can they have freedom
of association?
More Union Involvement:
We
also have the Vriend decision where the Canadian Labour
Congress (CLC) was an intervenor - what a system this
compulsory union dues has become. Another intervenor in
this case was the Women’s Legal Education Action
Fund (LEAF). Leaf has received money from trade unions
and also receives government grants. The CLC and LEAF
are in favour of "democracy" and "equality"
but have no problem taking compulsory union dues to finance
their agendas. Recently we saw the furore over the Durham
School Boards attempt to stop a homosexual youth taking
his homosexual date to the school prom. The Canadian Auto
Workers Union(CAW) issued a press release in favour of
the homosexual couple stating: " We have pushed employers,
legislators and courts in our demand for equality."
The press release was signed by union boss Buzz Hargrove.
This is hypocrisy talking about "equality" while
being funded by compulsion. Buzz and his union buddies
obviously have clout when they boast they can push "legislators"
and "courts" to comply with their demands.
More
on Judges:
What
started with Judge Rand and his edict of compulsion has
now opened a whole judicial can of worms that is eating
away at tradition, normalcy and morality.
We
have a judge in the Nesbitt and Egan case "read in"
words that are not written in the constitution. We have
a judge in The Singh decision that allowed criminals to
stay in Canada. We have another judge declaring a pervert’s
work has "artistic merit." Now we have another
piece of judicial tripe from a judicial threesome in Ontario
on homosexual marriage: " The restriction against
same sex marriage is an offence to the dignity of lesbians
and gays because it limits the range of relationship options
available to them." (Judge Harry LaForme quoted in
National Post of July 13, 2002. the other two judges "concurred"
with him.) The judges gave Parliament 24 months to change
the "legal definition of marriage." Our elected
representatives are now being given ultimatums by the
non-elected. One could call this a judicial coup d’etat.
Somebody once said the law is an ass, now the law is three
asses braying in unison. As mentioned earlier some of
these court cases have some trade union involvement. It
would be interesting to see how much union time and money
has been diverted to intervening in cases that are unrelated
to the workplace. The Canadian Union of Public Employees(CUPE)
is on record as saying that it "leads the labour
movement in its support of lesbian and gay issues."
(CUPE Quarterly, October 1992). CUPE has also been to
court on behalf of "same sex" pensions. Morgentaler,
Canada’s foremost abortionist has received money
from unions. Which is evidenced by the following: "...
the Ontario Federation of Labour has donated thousands
of dollars to the Morgentaler defence..." ( The Charter
of Rights and the Legalization of Politics in Canada,
page 301.)
Other
ways we are losing our freedoms are through appointed
human rights commissions. These non elected bodies have
also imposed bizarre decisions. The National Post of July
26, 2002, had a headline on page 2 that stated "Rights
commission tells Ottawa ‘do what’s right’
on gay unions." These non elected commissars are
in existence due to the cowardice of elected politicians
who have abdicated responsibility to these kangaroo courts.
There
are two common threads to the loss of freedom in Canada,
by compulsion and by appointment. The trade unions weapon
is compulsion. The Judiciary’s and Human Rights Commission’s
weapon is appointment. All have one thing in common, they
are anti- democratic. We live in a pretend democracy.
The Charter of Rights and Freedoms has become a judicial
monster that devours freedom, morality and decency and
vomits compulsion, filth and depravity.
In
this country the peoples’ own money, compulsory union
dues and tax dollars are used to fund this loss of freedom.
The Court Challenges programme is one example where the
politically correct interest groups receive funding from
our tax dollars to take their cases to court. Meanwhile
people who are opposed to these groups have to raise their
own funds to oppose them. Canada has become a country
where the majority are dictated to by an appointed minority,
where tax free unions, funded by compulsion, dictate to
their forced membership and use union dues as they see
fit courtesy of an appointed judge. Where the Parliamentary
system has become subservient to judicial tyranny under
the guise of " independence of the judiciary."
A more appropriate phrase for these judicial outlaws would
be "the perversion of the judiciary."
Robert
Bork in his book The Tempting of America-The Political
Seduction of the Law, wrote, "Once the judges
make the law, the democratic process is at an end."
His words aptly sum up what is happening in Canada today.
Stephen Gray email graysinfo@telus.net
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