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Political knee-capping is
never pretty, but Alberta witnessed an especially ugly
instance last week when Premier Ralph Klein publicly broke
the political legs of his justice minister, Calgary MLA
Jon Havelock. Why Mr. Klein reserves such brutality for
the conservatives in his caucus I can only guess But this
is the second time he has done it.
At issue was the possibility
of Alberta opting out of Mr. Trudeau's Charter of Rights.
Looming over the Alberta Legislative Assembly is a Supreme
Court charter ruling this spring on homosexual rights,
in a case raised by gay activist Delwin Vriend. If the
court orders Alberta to make special provisions for
homosexuals in its human rights, in its human rights
law, the Legislature could "opt out" of that
ruling by passing a bill.
However, politicians outside
Quebec consider opting out a radical step. In Quebec
they do it all the time. What the Quebec politicians
understand, and ours don't, is that by reversing our
Supreme Court's more idiotic personal rights charter
decrees, MLAs merely choose to exercise their traditional
responsibilities.
Among the more intelligent
and courageous MLA's, such as Mr. Havelock, the realization
has been growing that it is time for politicians to
reclaim or democratic rights from the un-elected courts.
It was with this in mind, and with the Vriend case hovering,
that Mr. Havelock brought Bill 26 into the Alberta Legislature
last week. By opting out of the charter, it would have
limited to $150,000 any claim by people wrongly sterilized
in the 1950s and '60s at a provincial home for the mentally
retarded. A judge last year awarded the first such victim
the astonishing sum of $750,000.
Needless to say, Mr. Havelock's
bill instantly provoked a loud howl from Tory Senator
Ron Ghitter, opposition MLA's and the Southham rabble
the self-same crowd, in fact, who rejected Mr. Klein's
fiscal cutback four years ago. And it was evident that
their larger concern this time was not so much the plight
of the sterilized, but the future of gay rights. For
after Alberta has opted out once, it can more easily
opt out again.
But was Bill 26 really
unjust? Nobody likes to be unfair, especially to the
weak, but surely that is the whole question who will
decide what is fair people we elect, or judges Ottawa
appoints? Commentators on both sides say (sensibly enough)
that it is impossible to put a value on the right of
sexual reproduction. Well, what then makes $750,000
fairer than $150,000?
Mr. Havelock, obviously,
was willing to do so. And because opting-out is so controversial,
he sought and received the prior support of the Conservative
caucus and the premier. But the premier, having given
his assent, promptly back-stabbed his minister.
Within hours of the bill's
introduction, Mr. Klein flip-flopped. No, he told the
media, he had thought better of it "It became abundantly
clear," explained the premier after saying he'd
taken some 250 calls, "that to individuals in this
country the Charter of Rights and Freedoms is paramount."
Oh is it. The thing about
Ralph Klein that most people forget is that he is a
liberal, not a conservative. He never was a conservative.
He doesn't like conservatives, and he detests their
issues. But because he heads a conservative party, he
must constantly fear and disperse any formation of conservative
strength. That was why he lied about removing abortion
from medicare three years ago. First he said he couldn't
do it. Then he said he would do it. Then he said he
had done it. And he finally he refused to do it.
And that's why he hung
Jon Havelock out to dry last week. The minister was
preparing Alberta to opt out of gay rights. Mr. Klein
has always quietly supported gay rights, and would have
the courts settle the matter for him. So he let Mr.
Havelock bring in his bill and then shafted him. Mr.
Klein is not stupid, so this was obviously his plan
from the start. So what if he received 250 angry phone
calls? Three years ago he received thousands of calls,
faxes and letters from Albertans asking him to de-insure
abortion. And how many thousand has he received on hospital
cutbacks? No, the fix was in.
This makes it sound like
the problem for conservatives in Alberta is Mr. Klein.
It isn't. The problem is conservatives. They are disorganized,
lazy and ineffective. What gets things done in politics
the only thing that gets things done organized pressure.
Fortunately there is a
new citizens' group which is starting to create exactly
this sort of pressure: the Canada Family Action Coalition
headed by CFAC Staff. But it has only begun. When the
CFAC has 20,0000 members, it will do for conservative
social issues what the Canadian Taxpayers Federation
did to end deficits in the early 1990s. Until then,
liberal politicians like Mr. Klein will continue spitting
on conservatives from a great height.
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