Tuesday, February 11, 2020

Moving Quickly on MAIDness

Vincent J. Curtis

11 Feb 20

MAID stands for Medical Assistance in Dying.  Medically assissted suicide was made legal in Canada by order of the Supreme Court.  Now, the Quebec Superior Court wants the grounds on which medical assistance to be expanded from death foreseeable to death not foreseeable.

The entire saga of MAIDness is based upon rank incompetence in logical reasoning.

The disastrous and incompetent busybody Chief Justice of the Supreme Court of Canada Beverley McLachlin discovered in the Charter right to “life…. and the right not to be deprived thereof except in accordance with the principles of fundamental justice” a right to a medically assisted suicide.  At her instance the Court overturned its own decision on the same subject of 1993.

Perhaps by some twist of logic, one can discover the morally hazardous right to suicide implicit in the right to life.  That means that suicide should not be a criminal offence.  But where does the medically assisted part come in?  Medical assistance is not a kind of  principle of fundamental justice.  McLachlin pulled the medically assisted part from the nether regions of her robes – to make the morally disastrous seem palatable.  A right to medically assisted suicide exists nowhere in the Charter or in Common Law, it is a judge-made law invented out of whole cloth that has the force of a constitutional right.

Along comes the Quebec Superior Court that says that limiting medically assisted suicide to the terminally ill is – unconstitutional!  We have an inferior court telling the Supreme Court that the latter’s decision is unconstitutional.  But based on what logical premise?  MAID is completely arbitrary.  It was invented out of whole cloth.  There simply is no logical premise for the inferior court to say McLachlin was wrong by being insufficiently broad.  What was arbitrarily in McLachlin’s head at the time of the ruling is the full and complete statement of the constitution – since she was deciding what it was.

Canada’s judicial system is filled with rank incompetence.  The governments of Canada need to impeach large numbers of activist judges on the grounds of incompetence.  The trouble is there is no group in Canada like the Federalist Society in America to help staff judicial positions with people who understand that the role of judges isn’t law-making from the bench.

Canada is ruled by moral and legal idiots.
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