The Supreme Court today delivered a landmark ruling on prostitution. My colleague Daniel Proussalidis has the news here and Justice Minister Peter MacKay has released a statement in response.
Another colleague this morning remarked that reaction among those who vote for candidates of MacKay’s party, i.e. The Conservative Party of Canada, is likely to be mixed: The libertarian set will see nothing wrong at all with what the Court is saying. The social conservatives, on the other hand, will be terribly distressed.
But both libertarians and social conservatives are likely to be upset at the fact that these decisions — landmark decisions — are not being made by any legislature or by any government that must regularly defend its decisions to voters, but instead are being made by judges.
Employment Minister Jason Kenney was asked about this decision at a press conference he gave in Calgary on another matter hours after the release of the court ruling. Kenney sums up this ‘conservative’ objection: “I think that in our system of government there is an understandable primacy of Parliament as the democratic deliberative process and that my own view is that the judiciary should be restrained at the exercise of judicial power in overturning a democratic consensus. Having said that, we of course respect the independence of the judiciary and its role. We will review the decision and determine what is the necessary next step to ensure the protection of vulnerable women from sexual exploitation.”
Maclean’s political editor Paul Wells talks about what Kenney is getting at in his book The Longer I’m Prime Minister and while I’m going to quote a big chunk from that book here on this topic, there is more in the book … Continue reading What really bugs Conservatives about the Supreme Court prostitution ruling