Sunday, July 10, 2005

Layton in violation of the Charter

The 'progressive' blogs are filled with righteous indignation that some Roman Catholic Priests have withheld communion from MPs who openly denied the church's teaching on the sacrament of marriage.

Many of them have repeated the calls for yanking of the tax-exempt status of the church. Some have had the effrontery to ask 'who does the Catholic Church think it is?' --- as though, by enforcing its doctrine, the church has overstepped its authority.

In light of the negative yap about the Roman Catholic Church by those on the left, I would like to remind people of two things:

Jack Layton violated the Charter of Rights and Freedoms by disciplining Bev Desjarlais after she voted her conscience, and said 'nay' to Bill C-38.


Section 2 of the Charter reads:

Fundamental freedoms

2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.


Bev Desjarlais exercised her Charter rights of 'freedom of conscience and religion', and 'freedom of thought, belief, opinion and expression' when she voted against the Civil Marriage Act. Jack Layton subsequently demoted and publicly humiliated her for her stance on this issue of conscience. His actions could be described as punitive and vindictive. His reasoning seems to be that Bev knew the rules going into the vote, and yet she chose to buck the party line. Bev has taken her lumps without complaint and has not pleaded her case for victimhood in the media despite such strong arm tactics by Layton. Regardless of his justification, his actions go against the protections given all citizens under the Charter.

Paul Martin is also guilty of violating the Charter. Liberal MP and Cabinet Minister, Joe Comuzzi was forced to resign from Cabinet in order to be allowed to vote his conscience. When he refused to allow a free-vote on SSM, the Prime Minister cherry-picked which Charter rights he was willing to uphold. His blatant disregard of this sacrosanct document with regard to Cabinet Ministers, exemplifies Martin's willingness to ignore the charter when it suits his ends.

Now, as to the churches losing their tax exempt status for being 'political'.

One would hope the left is including all churches in this demand ---- not just those with whom they disagree.

Will they insist that Metropolitan Community Church lose its tax-exempt status for playing politics with marriage?
You'll recall the first same-sex 'marriage ceremony' was performed there in 2001 -- less than 18 months after Parliament had affirmed by an overwhelming majority that marriage is the union of one man and one woman to the exclusion of all others. This was more than four years before same-sex marriage became the law of the land. Political, no?

Where was the left then? Religious interference in politics wasn't a problem when it suited their political agenda.

In our increasingly secular society, people often donate their time and money to the political party of their choice, rather than to a religious institution. Since the left believes both churches and political parties advance political causes -- taxing churches would give political parties an unfair financial advantage.
If the left wants churches to lose tax-exempt status for being 'political' - perhaps the churches should register as political parties instead. They'd continue receive tax free donations; they'd still be allowed to issue income tax receipts; and they would be part of the political infrastructure -- and free from interference by the state.

The left is going to continue to whinge -- when I see Jack Layton and Paul Martin hauled in front of human rights tribunal -- that's when I'll start to listen.

canadianna

13 comments:

Mark said...

Excellent points C.

Anonymous said...

bravo, great post

49erDweet said...

Interesting idea. Need to check it out locally to see if it would have the same effect. Thanks!

Mark Richard Francis said...

The Charter only applies to rights and freedoms that this country's laws must honour. It's a contract between the state and it's people, placing an onus of restraint upon the state. The relationships you've described are between members of a political party concerning business dealing with the parties. The Charter of Rights and Freedoms doesn't apply.

I agree that Churches punishing politicans for doctrinal matters doesn't add up to political interference; however, their policies seem unevenly applied, which is part of what is catching attention.

Canadianna said...

Section 15 -- Human Rights commissions are there to ensure that people's human rights aren't violated. I would expect that if any of these MPs really wanted to, they could lodge a complaint. Their rights have been violated.

I wasn't really thinking this would happen BTW. It was more just a way to point out how silly some of the blogs have been about this.

As for the different reactions by the different churches. Not ever vote against SSM was the same. Some voted against their principles because they felt obligated to or pressured to in order to keep their jobs.

Let's say you're a Martin Cabinet Minister. You are a practising Catholic and against SSM. Martin says you must vote for the bill. You do. You go to your priest and you confess that you have sinned. You have put your personal prestige, postion, financial situation, ahead of the teachings of Christ. You have confessed your sins and you are given absolution.

But say you are an NDP MP who voted for SSM because you thought it was right, not because Jack Layton made you. You are not repentant -- so you would be lying if you made a confession that you were sorry. So, you can't confess. The Priest saw you stand up in the House and say that SSM and m/f marriage are both valid -- and then you vote against the traditional definition of marriage.
You are not sorry -- you don't get communion.

People who don't understand the way the church works are weighing in where they have no place.
This is not about how the MPs voted --this is about why and their making it right with God.

The Catholic church has a right to deny communion to someone who is openly leading people astray. It is the church's obligation to deny the sacraments when a person is unrepentant for sinful behaviour. In the Catholic church, teaching that sin is truth, goes against the rules. If you do that, and you are not sorry, you don't take communion.
I can only assume the Liberal MPs repented and the NDP ones, didn't.

metasyntactic variable said...

Mark Francis: The reason it appears the church's policies seem unevenly applied is due to the Catholic church's political structure; each bishop is independent. The Anglicans have a similar structure. That's why they sanction gay couples in New Westminster, but no where else in Canada. Joe Comartin being a good catholic should know this. Speaking of Joe C.; did anyone catch him debating on the bill to raise the age of consent and he brought up the straw man of marriage is legal in N.W.T. at 15, as if police would arrest a married couple for having sex. Me thinks he's not too bright.

Anonymous said...

Another knock-out post. Well done.

Nicol DuMoulin said...

Excellent post. Excellent take.

This issue will be the most contentious in a three generations. I also believe it will be more divisive than abortion. Abortion, by its nature is a private act. It is termination of life. SSM is seen by its proponents as a glorious thing that all should share in.

They will not stop until they believe they have total aquiescence.

Paul said...

I predict, that contrary to the belief of many small c tories, that SSM will be a winner for the CPC in the next election. The "progressive" crowd have pissed in the cornflakes of every religious and cultural group in Canada, when the "progressives" refused to compromise.

Anonymous said...

I hope Debris is wrong, but if she is right,we can deal with that.

Anonymous said...

I have lost so much hope lately that I am beginning to substitute it for the word think. I think I meant to say that I think Debris Trail is wrong --though secretely I hope she is right.

Canadianna said...

Civitatensis -- You know, I wondered about that. Glad you cleared it up.
Cheers.

W.L. Mackenzie Redux said...

The only place the individual rights the Charter guarantees is in a contract where the individual openly agrees to have his rights truncated by the terms of the contract...as in employment or an agreement with a state aghency like CCRA...or in the star chambers of the CHRC where charter legal guarantees are suspended.

Neither of these apply to a duely elected parliamentary representative....what layton did was a charter breech...but so is every whipped vote.