| Judicial power Lorne Gunter's Nov. 20 column, Judicial Arrogance Borders on Monarchical, misrepresented and misquoted comments that I made in a recent interview with the Can West News Service. While in no way do I contest Mr. Gunter's right to express his views about judicial activism in Canada, I certainly do object to him putting words in my mouth. Mr. Gunter clearly misunderstood comments I made to the effect that some decisions made by courts 20 years ago may no longer represent the views of Canadian society. Anyone with a passing knowledge of common law would know that the manner in which courts may rule on a particular issue or interpret the law evolves as society evolves. At no time did I make the preposterous proposition that judges should have the power to change the law without having a case brought before them by litigants, nor did I ever suggest that judges should open up cases and rewrite old decisions of their own volition. Such notions are absurd and demonstrate fundamental misunderstandings by Mr. Gunter not only of the powers of the judiciary but also of court procedure. The suggestion that I would make such statements is not only completely false, it attacks my integrity as a jurist. Antonio Lamer, Chief Justice of Canada (retired), Ottawa. |