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There is no law in Canada, only politics Print E-mail
Written by Link Byfield   
Monday, 22 March 2004

The easiest way to keep track of whose group is on top of the Canadian political totem pole is to watch the courts.

In the 1980s it was women. In the 1990s it was Natives. Today it's gays.

On Monday last week, Ontario Superior Court Justice Heidi Polowin disposed of a custody dispute on the Mohawk reserve at Cornwall, Akwesasne. The mother, a divorced on-reserve lesbian with a live-in American wife, was given charge of her own four children. Their father will have only visitation rights.

In theory, the outcome of any custody fight should reflect the best interest of the children.

In the dispute before Justice Polowin, Dad had a drinking problem and Mom had a sexual problem. I know we're not supposed to call lesbianism a "problem," but in this case it was. Experts for both sides agreed that Mohawk and other Indian tribal communities ridicule and shun homosexuals.

Whether or not they SHOULD, the fact remains that these children will suffer mockery because they have two mothers who have sex together.

So what is the children's best interest? To be left with Dad and his drinking problem (a common enough fate on most reserves, unfortunately), or to be conscripted as child-soldiers in the great Canadian war against "homophobia?"

Justice Polowin went the lesbian route for two reasons. She felt that homosexual parenting has no damaging effect on children, and that she must ignore the "unfounded fears or prejudices of an isolated and uninformed segment of the community."

She went the politically correct route. She chose politics over law. In politics, it's the cause that matters, not the kids. Everyone must enlist in the political war for gay rights, including them. They are required as cannon fodder in the front lines.

But if anyone is living with "unfounded fears and prejudices in an isolated and uninformed community," it's Judge Heidi.

She earns something approaching $250,000 a year, never needs to worry about losing her government job and pension, is treated with legally mandated courtesy and respect by everyone, and lives (I'm guessing) in a safe, clean, orderly and prosperous community.

There's nothing wrong with this, but most Canadians lack some or all of these advantages, and don't think the same way.

For instance, in the Compas poll last December, public support for homosexual marriage (let alone homosexual parenting) had fallen from 53% six months earlier to 31%.

Maybe they're all becoming fools and bigots. Or maybe they can't afford to be quite as liberal as Justice Polowin is, living inside her pleasant little world.

Fortunately, not all judges are totally out of touch. An Alberta provincial court judge in Lac La Biche last week told the federal government to allow a local hunter, a 40-year-old woman, to own a rifle.

The judge recognized that Canadians still have a common law right to own and use a gun, and that bureaucrats actually need a valid reason not to let them exercise it. After all, said Judge Don Demetrick, city and country people alike sometimes have to deal with predators, animal or human, intent on harming their property or killing them.

Which is true, even though it is no longer politic to say it.

Come to think of it, Ottawa has a vacancy on the Supreme Court of Canada. Let's nominate Judge Demetrick.

- Link Byfield

Link Byfield is chairman of the Edmonton-based Citizens Centre for Freedom and Democracy, and an Alberta senator-elect.
"Just Between Us" is a feature service of the Citizens Centre for Freedom and Democracy. The purpose of the Citizens Centre is to enhance freedom and democracy by enabling ordinary citizens to become active and effective on important issues outside the normal processes of party politics.

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