Against Judicial Activism The Decline of Freedom and Democracy in Canada
by Rory Leishman
Against Judicial Activism argues that the courts (especially the Supreme Court) have subverted the judicial process in the name of the Canadian Charter of Rights and Freedoms. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province’s human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 in compensation to a transsexual man for refusing to admit him into a training course for rape crisis counselors.
Rory Leishman cites numerous cases such as this one to show how the Canadian courts have been blatantly making laws under the guise of judicial interpretation – and usurping the legislative function that properly belongs to Parliament and the provincial legislatures.