This is from a great supporter in the fight for our children, Dawn Kennedy: There can be no doubt that Lord Justice Bowen was correct. It is impossible for a judge to know the best interests of a child given the limited contact the court has had with the family. It is only with the humble recognition that a court cannot do good; but rather, only prevent evil, that the courts should allow government to proceed to intervene and disrupt a family. Section 1 of the Charter sanctions government actions that are reasonable in a free and democratic society. An understanding of this power is critical to an analysis of the impact of a violation of parents’ section 7 rights regarding their children. To the extent that there is unnecessary interference with the family, the very foundation of freedom in our society is shaken. The Canadian Bill of Rights recognizes that individual freedoms and free institutions will not survive if the position of the family in society is extinguished through government intervention. Far too little attention has been paid to Canada’s international obligations to protect the family. Each of theUniversal Declarations of Human Rights, the International Covenant on Civil and Political Rights, and theConvention on the Rights of the Child, recognize the family as the “fundamental group unit of society.” With respect to the proper hierarchy of roles within society, the courts should reinforce to bureaucrats that the family rightly comes first and the state second. International law dictates that the family is entitled to protection from both society and the state. Therefore, any intrusion by the state should be viewed with suspicion. It is the role of the courts to protect the family from bureaucracies too often convinced of their own wisdom and good will.[38] During discussions regarding which changes in public policy are best for children, it is important for both the government[39] and the courts to keep focused on Justice LaForest’s bottom line
Posted on: Mon, 04 Aug 2014 03:50:51 +0000
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