February 4th, 2002
More than bureaucracy, I dislike those occasions where one level of government brings to trial another level of government. We, the taxpayers, are the losers, no matter who "wins". These situations only denote a power struggle between our elected representatives.
The next worst situation is when a "non-profit, charitable status" organization brings the government to court. Such organizations are granted tax money, for the purpose of improving society. However, when they become activists, with the intent of changing the law, then either they should follow the democratic channels, or they should spend and risk their own (tax-contributed) resources.
A case in point is the latest initiative of the "Canadian Foundation for Children Youth and the Law", supported by the "Association of Children's Aid Societies" to abolish section 43 of the Criminal Code. This section exonerates parents from being prosecuted when "using reasonable force" to discipline their children.
The appeal against the Attorney General was heard by the Ontario Supreme Court. They argued that Section 43 of the Criminal Code violates the Charter of Rights and Freedoms. They lost.
The judge also stated that "The respondent is entitled to its costs of the appeal if demanded".
Let's ask the Attorney General to demand the repayment of its trial costs, on behalf of Ontario's families.