Governed by the courts?

The words “duty to consult and to accommodate” do not appear in the Constitution of 1982.

Rather, Section 35 of our Constitution simply “recognizes and affirms … existing Aboriginal and treaty rights.”

Those were existing rights as of April,1982... not 1990 or 2004, or 2018.

By 2004, the Supreme Court took it on themselves to create this duty to accommodate and consult. Remember, these are not elected officials, but judges, who created this new requirement of the NEB, companies and governments who are trying to get projects built and create jobs. 

Further, this year, somehow these unelected judges have decided they can overturn the will of the federal government, which approved the Trans Mountain pipeline, and 16 previous court rulings. This is essentially three unelected people overturning the will of the people of Canada.

This is why we need the notwithstanding clause, and it needs to be invoked when the elected representatives of Canada are being vetoed by the unelected.

Judges and the Supreme Court were never meant to govern or create or interpret government policy, and never meant to veto the decisions of our elected officials.

In overturning our federal government on the Trans Mountain pipeline approval, we are seeing the power of three people imposed on the will of the people. This is not right.

Neil Stephenson, Kelowna

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