Wednesday, May 23, 2012

Legal opinion: Bill 13 can be challenged on constitutional grounds

St. Thomas More
During the last day of hearings, May 22, constitutional lawyer, Albertos Polizogopoulos challenged the legality of Bill 13 in his presentation to the Standing Committee that has the responsibly to hear from the public. The submission was made on behalf of The Coalition of Parental Rights in Education. If you wish, you may read the entire legal-opinion and use the information when contacting your MPP, your parish priest and other lay or religious leaders.

According to Mr. Polizogopoulos, here are the six areas on which the proposed Bill 13 can be challenged on constitutional grounds:

1. The Bill gives preferential treatment to one group, namely the lesbian, gay, bisexual, transgendered, transsexual, two-spirited, intersexed, queer and questioning, LGBTTIQ students;

2. The legislation uses the term “homophobia”, a word that has no legal definition and is too general and thus applying it in the law becomes subjective and problematic;

3. The term “bullying” is not clearly defined and as a result too many behaviors fit the proposed wording;

4. Bill 13 legislates an “Equity” policy in all schools and thus will have the force of law to make Catholic schools violate their own teaching;

5. Bill 13 forces any group renting or using schools to adhere to the “provincial code of conduct”. This clause could undo Section 15 of the Charter as it applies to religious freedom and freedom of assembly;

6. The legislation forces all schools to establish gay/straight alliances. This could be a clear violation of denominational rights under the Section 93(1) of the Constitution, as well as Section 257 of the Education Act and possibly section 29 of the Charter.

This submission makes it clear that we have very valid reasons to continue to put pressure on our MPPs and Premier Dalton McGuinty because Bill 13 has many moral, health and legal problems. We must also ask some other questions. Why hasn't the Archdiocese of Toronto taken a public stand in support of the faithful and in defence of the faith on this proposed legislation? Do the parish priests know what's going on in our schools? Have parishes been notified by the Archdiocese? Have school boards been instructed to adopt the Respecting Difference document. Bill 13 is probably the biggest sexual experiment on all children of this province and Catholic leadership has for the most part been silent. We should not have to go down the same secular road we blindly followed in Canada when Pope Paul VI published that prophetic encyclical, Humanae Vitae. Isn't the proposed Bill 13 not part of the moral fall out?

3 comments:

  1. Lou it is interesting to note in your latest blog on Bill 13 that you use a picture of St. Thomas More to go along with your article. Before being beheaded by King Henry VIII, St. Thomas More said he was the King's servant, but God's servant first.

    We too today are being asked if we are God's servant first. Let us all pray to a loving and merciful God that we are God's servant first in all that we say and do.

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  2. Hare's an email we received that defends Catholic teaching. Every Day for Life Canada posts it for its readers with the writer's permission. Thank you for sharing Dave.

    1. We have a constitutional right to a Catholic School System.

    2. That means that we have a right to teach Catholic moral values in a Catholic way.

    3. Where is the evidence that gay bullying is a problem in Catholic schools? .... or any school for that matter?

    4. Where is the democracy if one student wants a gay club and five others don't?

    5. The homosexual community has:
    - higher suicide rates
    - higher rates of STIs
    - shorter life expectancies.
    What has McGuinty done to addresses these extremely serious matters?
    If McGuinty really cared for and loved these children, these students, he would be protecting them from this lifestyle - not promoting it.

    Dave

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  3. Your blog post will definitely spark a debate from different kinds of people. But for me, I think it's a good way to promote critical thinking.

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    ReplyDelete