On the Feast of the Holy Innocents, it seems appropriate to comment on the recent ruling that has driven the final nail into the coffin of the pro-life movement's attempt to use the law to stop abortion.
I had been awaiting with trepidation the ruling of the Court regarding Mary Wagner's appeal, as I was convinced that it would be dismissed. My initial reasons were purely philosophical and social: the courts are not interested in truth. A legal system based on liberalism, will not have Truth as its objective. One may well argue that two plus two are four, but, if society is not prepared for that reality, it will not be accommodated. I also knew that Canada, as a society, was not even close to being ready to accept the truth that killing babies is murder. No Judge would would dare rule against abortion in this social climate.
If abortion were rendered illegal, I guarantee that tens of thousands, if not hundreds of thousands of abortion fanatics would be rioting in the streets. But, to the contrary, virtually no one will oppose abortion. This is how far we have come as a society. This tells a story as to what we have become.
However, today, after a brief ten minute search on the internet, I discovered that there remains a third reason why Mary's appeal was doomed to failure. Simply, it is the law itself.
I knew that a lawyer is never to ask a question he does not already know the answer to, and, likewise no lawyer should even consider appealing a case, he knows stands virtually no chance of winning. After a brief key word search, I confirmed my strong suspicion that a court appeal is based on a point of order, not a point of fact. The appeal was doomed before it even entered the courtroom. The decision to proceed with this appeal was, to put it gently, was ill advised. The Canadian legal website www.duhaime.org states the following regarding appeals:
The Supreme Court of Canada in Husen v Nikolaisen:
"The appellate court must not retry a case and must not substitute its views for the views of the trial judge..."
The website further comments:
"Further, the appeal is against an order, not the reasons for that order....no new evidence is allowed before a court of appeal unless the court exceptionally allows it - a very rare occurrence".
The result of this ruling means that we are going to have unrestricted abortion on demand in Canada probably for the next two generations, without the slightest possibility of legally restricting the murder of babies. It will now be even harder to bring before Parliament potential legislation restricting abortion, as even the most liberal of European nations have done.
So what are we to do? Effectively, we are in the same situation as slavery was in ancient Rome, or in the British Empire, the United States etc. In those societies, most people, deep in their hearts knew slavery was wrong, evil. Yet, they were unable to stop it. Slavery was overturned by a groundswell of revulsion and the changing of hearts.
Cor ad cor loquitur, wrote Cardinal Newman. Heart speaks unto heart. Yes, this is the only way that abortion will be defeated. The personal conversion of enough souls, until Canada rejects this great evil. How long will it take? Barring a catastrophe, such as a war, an extraordinary natural calamity, the direct intervention of God, it will certainly be legal for decades to come. When Satan takes over a country, the first thing he demands is human sacrifice. A nation rejecting Christ, places itself under Satan. Simply, a return to Christ will result in the demise of the horror of abortion.
One final point. The Elections Guide by the Canadian bishops shows that the killing of babies is very, very low on the agenda of these men, if at all. Remember: these men are actually the most powerful men in Canada; they have graces of state, but absolutely refuse them. Being ashamed of Christ, He, in turn, is ashamed of them before His Father. The Church in Canada has cut itself off from the living Tree. If bishops barely oppose abortion and are silent, should we be surprised that the priests and laity do likewise? Without a doubt, it is Catholic churchmen who will be held accountable before God for the easy pass that abortion received in this country to now be enshrined as a veritable "anti-sacrament" of the demonic abortion juggernaut that holds this country in its grip.
Please pray for Mary who, arrested on December 12th, dwells in the Vanier Prison the Women awaiting trial.