Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Sunday, January 22, 2012

Tories fiddling with same-sex couples - Government systematically trying to chip away at gays, lesbians

Recent statements by Prime Minister Stephen Harper and Justice Minister Rob Nicholson about the validity of same sex marriage left thousands of same-sex couples who have come to Canada to get married and celebrate their love wondering if they were, in fact, married at all.

And if some same-sex marriages are not valid, are equal marriage rights for Canadian same-sex couples safe and secure?

Those who came to Canada to get married were told by the government of Canada that their love was equal and their relationships would be recognized as legal.

These are people who followed the rules, paid their fees, spent their tourist dollars here in Canada, and suddenly had the rug pulled from under them.

But this was no accident, despite the Harper government claiming it had no idea this was going on.

This was not the first time the government has been caught attempting to restrict equal marriage rights through the back door by intervening in court cases.

In October, the government intervened in an Ontario family law case to argue against legal recognition of a same-sex civil union preformed in the United Kingdom.

On Oct. 6, 2011, I asked Nicholson why the government was opposing the guarantee of full and equal protection of the law to this couple under the Divorce Act.

The minister responded by saying that the government did not wish to reopen the debate on same-sex marriage and that this case was just "a legal dispute over definitions."

However, the implications of this action extend far beyond simple "legal definitions." In choosing to intervene in this case, the Harper government signalled that same-sex relationships would not to be treated equally under the law.

Such action deeply affects people's lives, creating serious implications for family law, including child custody and division of property upon dissolution of a relationship.

These actions, taken in October and again in January, strike at the heart of the rights and freedoms in which Canada prides itself.

Furthermore, they demonstrate the Harper government's systematic attempts to chip away at the rights of the gay and lesbian community.

The Harper government has tried to blame the previous Liberal government for leaving gaps in the law regarding same-sex marriage.

It does seem that there are some gaps, but the Harper government should act immediately to fix them, rather than trying to use those gaps to undermine equal marriage.

In the case of non-residents being unable to divorce, there is a simple fix, but instead the Conservatives used this technical problem to attack the validity of these marriages.

We need to end the uncertainty the government created.

New Democrats will introduce the necessary legislation if the government continues to stall, unless of course the courts fix the problem first.

I have no doubt that the government did not want to reopen the public debate on equal marriage because this is a debate they know they can't win.

The proof is in the speed with which they backed off their legal arguments: In the morning they said foreign same-sex marriages were invalid; by afternoon the strong public reaction had forced them to restate their acceptance of Canadian law, that equal marriage is here to stay.

Canadians' belief in equality and fair play demands no less.

Original Article
Source: times colonist 
Author: Randal Garrison 

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