I have not previously used this blog for political or legal analysis. This is an exception.
When a judge begins a written decision with reference to the "Supremacy of God", one likely needs to understand something of the judge's personal belief system and history. However, it is not something that should enter into the judicial process at all. Then, for the judge to quickly contextualize it with a reference to a Constitutional dislike of anarchists and an implied equating of the occupiers with such despicable folk, one needs to read no further into the recent, tainted judgment of the Ontario Superior Court of Justice ordering the eviction of the occupiers.
What does the Supremacy of God mean in the context of our Constitution, which governs our secular society. It means nothing and everything.
It means Nothing because the concept of God is not constitutionally defined. And that is with good reason: For every individual there is a different notion of God, regardless of the fixed dogmas of institutional religions. It usually suits the needs of the particular individual or group at a particular time in the individual's life or the group's evolution. It too often is used as a justification for not assuming personal responsibility for one's decisions.
So if the Constitutional notion of God is, as I previously stated, both nothing and everything, in what sense is it everything? Within our Constitutional framework, our Charter of Rights is based on the notion of certain freedoms, including the freedom of religion. That includes the freedom from religion: the right to not believe in any particular concept of God or to not believe in a God at all.
The Constitution is based on evolving democratic principles. The Charter within that Constitution is premised on dignity of the person, fundamental justice and equality. So God in our Constitutional sense embodies the natural order and achievement of these goals. God is, if anything, the striving for "Good".
Then, the Supremacy of God is as much or more in line with the goals of the occupiers as it is with the goals of the various levels of government, the banks, financial institutions and the large corporate interests.
When dignity, equality and justice are on the decline, as is too strikingly evidenced by the quickly growing gap between the rich and the poor, the increasing levels of homelessness, "under-housedness", the diminishing availability of stable employment, the increasing reliance on food banks and other forms of charity by those who never dreamt they might have to do so, the increasing inability of the average person to access our judicial system, our educational system and our health care system, then the Supremacy of God is squarely on the side of these occupiers.
The Constitutional God is not housed in the ivory towers of Bay street, the naves of the Cathedrals, the chambers of the courts or legislatures. That God is housed in those who would stand up to injustice.
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