Patrick Craine

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Court ruling wrests education authority from parents, hands to state: lawyer in case

Patrick Craine
Patrick Craine

OTTAWA, Ontario, February 17, 2012 (LifeSiteNews.com) - After Friday morning’s unanimous Supreme Court ruling denying a Quebec family’s request to exempt their child from the province’s controversial ethics and religious culture program, the mother says she feels that her parental rights have been thwarted.

“As a parent, I feel like I have a right to a say in the education of my children,” said the mother, who can only be identified as S.L. “I feel it was very serious and it has serious outcomes.”

Lawyers and commentators involved in the case are calling the ruling a devastating blow for parental rights and an unprecedented victory for the state’s authority over the education of children; however, they also emphasize that the court has not declared the ethics and religious culture program to be constitutional, and has left the door open to another court challenge.

Jean-Yves Côté, the family’s lawyer at the trial, said that with today’s ruling “the state is now in a position to impose in the public schools an ideology that doesn’t correspond to the parent’s faith.”

“According to the civil code, the parent delegates his authority to the teacher,” he explained. “Now there is a shift. The authority of the teacher comes not from the parents but from the state.”

The ERC course, which has been mandated for all students from grades 1 to 11 including homeschoolers, was introduced in 2008 with the aim of presenting the spectrum of world religions and lifestyle choices from a “neutral” stance.

The parents, along with moral conservatives and people of faith across the country, charged that it promotes relativism and its mandatory nature violated the parental right to direct the education of their children.

But the Supreme Court’s majority decision, written by Justice Deschamps on behalf of herself and six other justices, argued that the course does not infringe on a particular set of religious beliefs because it remains neutral to religion.

“State neutrality is assured when the state neither favours nor hinders any particular religious belief, that is, when it shows respect for all postures towards religion, including that of having no religious beliefs whatsoever,” wrote Deschamps.

But Patrick Andries of the Coalition pour la Liberté en Éducation, which supported the family throughout the case, says the course is not as neutral as the court supposes.  “It has inherently in it a relativist approach,” he said, adding that the presentation of the different faiths “tends to confuse the children.”

The crux of the court’s argument was that the parents failed to meet the burden of proof necessary to show that their child’s participation in the course would impede their ability to raise him in their Catholic faith.

Côté explained that the court has thus raised the bar for parents who object to school curriculum: while previously it was sufficient to show that a program went against the parents’ sincerely-held faith, now they must provide evidence that it has “interfered with their ability to pass their faith on to their children,” in the court’s words.

With this ruling, he said, “we need an objective criteria, or proof, or evidence that the freedom of religion of the plaintiff is infringed. That is totally new.”

The mother says the heightened criterion is too high a burden. “Who can weigh prejudice toward a child when it comes to faith? How can we provide objective proof and who can dismiss a parent’s voice as an expert?” she asked.

Justice LeBel, in his minority decision, said the court was not able to judge the program itself and how it would be implemented in the classroom because there was insufficient evidence of its content presented at the trial.

Côté noted that the case was difficult because they brought it forward before the course had even been implemented, and the trial judge, Judge Dubois, had only allowed them to present the one book used by the family’s six-year-old, prohibiting them from presenting the rest of the curriculum.

Don Hutchinson, vice president and general legal counsel for the Evangelical Fellowship of Canada, which intervened in the case, emphasized that the court based its decision on a lack of evidence that the child had actually suffered harm from the course – a requirement for the exemption – owing to the fact that they went to court before the child entered the course.

As a result, he called it a “non-decision on parental rights and religious freedom” in which the court “hung their legal hat on a technicality.”

At the same time, he criticized the ruling, saying that parents have always had the right to make decisions about their child’s religious and moral instruction “without government interference.”

Faye Sonier, legal counsel for the EFC, said, “the Court has left the door open to a similar case returning to the court if an objective infringement of rights can be demonstrated, rather than a parental concern about infringement.”

But Andries pointed out that the Quebec law allowing exemptions says they can be used to “prevent” harm, meaning, he says, that one should not “have to go through the problem before asking for exemptions.”

Jean-Morse Chevrier, president of the Catholic Parents Association of Quebec and a director with the Catholic Civil Rights League, said the need to prove harm means that “parents would have to document the situation,” so it would be “extremely difficult.”

“It’s as though you really have to prove it, and it’s not easy to do on the psychological level and the spiritual level, the damage that’s being done,” she said. “And once the damage is done it’s not that easy to undo.”

She said the court has left parents who object to the course with no options because it is being imposed on the private schools and even officially on homeschoolers. “It’s a blow. It becomes a civil rights issue,” she said.


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UK quietly opens the door to genetic engineering, ‘3-parent’ embryos

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By Hilary White

Last month the UK’s Department of Health quietly redefined the term “genetic modification” to open the door to allow certain kinds of modification of human embryos – thus potentially making it the first country in the world to allow genetic engineering.

Scottish journalist Lori Anderson recently raised the alarm over the change in a column in the Scotsman, in which she alleged that the change is designed to “dupe” the British public into accepting “full-scale germline genetic engineering,” using human embryos as test subjects.

Anderson said that in July, the Department of Health “effectively re-wrote the definition of ‘genetic modification’ to specifically exclude the alteration of human mitochondrial genes or any other genetic material that exists outside the chromosomes in the nucleus of the cell.”

“The reason for doing this is that it believes it will be easier to sell such an advancement to the public if it can insist that the end result will not be a ‘GM baby’.”

This change follows a statement from the Human Fertilisation and Embryology Authority (HFEA), the government body that regulates experimental research on human embryos, approving the procedure to create an embryo from one couple’s gametes but with genetic material added from a third party donor, a procedure called in the press “three-parent embryos”.

Anderson quoted a statement from the Department of Health comparing this procedure to donating blood. The statement read, “There is no universally agreed definition of ‘genetic modification’ in humans – people who have organ transplants, blood donations, or even gene therapy are not generally regarded as being ‘genetically modified’. The Government has decided to adopt a working definition for the purpose of taking forward these regulations.”

This assertion was challenged by one of the UK’s leading fertility researchers, Lord Robert Winston, who told the Independent, “Of course mitochondrial transfer is genetic modification and this modification is handed down the generations. It is totally wrong to compare it with a blood transfusion.”

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The HFEA, which throughout its history has been known as one of the world’s most permissive regulatory bodies, has been working steadily towards allowing genetically modified embryos to be implanted in women undergoing artificial procreation treatments. In a document issued to the government last year, they called the insertion of mitochondrial DNA (mDNA) into embryos “mitochondrial donation” or “mitochondrial replacement”. mDNA is the genetic material found in the cytoplasm outside a cell’s nucleus, problems with which can cause a host of currently incurable genetic illnesses.

In the statement issued in June, the HFEA said the technique of inserting “donated” mDNA into already existing in vitro embryos, “should be considered ‘not unsafe’ for the use on a ‘specific and defined group of patients.’”

“Mitochondria replacement (or mitochondrial donation) describes two medical techniques, currently being worked on by UK researchers, which could allow women to avoid passing on genetically inherited mitochondrial diseases to their children,” the statement said.

The HFEA admitted that the techniques are “at the cutting edge of both science and ethics” and said that the results of a “public consultation” in 2012/13 were being examined by the government, which is considering “draft regulations”.

In June, the Society for the Protection of Unborn Children echoed Lori Anderson’s concern, commenting that the HFEA is attempting to deceive the public. Paul Tully, SPUC’s general secretary, said, “Human gene manipulation is being sold to a gullible public on a promise of reducing suffering, the same old con-trick that the test-tube baby lobby has been using for decades.” 

Any manipulation of human genetics, always breaks “several important moral rules,” entailing the creation of “human guinea-pigs,” Tully said. “Human germ-line manipulation and cloning – changing the genetic inheritance of future generations - goes against internationally-agreed norms for ethical science.”

He quoted Professor Andy Greenfield, the chairman of the scientific review panel that approved the techniques, who said that there is no way of knowing what effect this would have on the children created until it is actually done.

“We have to subject children who have not consented and cannot consent to being test subjects,” Tully said.

Altering the mDNA of an embryo is what cloning scientists refer to as “germline” alteration, meaning that the changes will be carried on through the altered embryo’s own offspring, a longstanding goal of eugenicists.

In their 1999 book, “Human Molecular Genetics” Tom Strachan and Andrew Read warned that the use of mitochondrial alteration of embryos would cross serious ethical boundaries.

Having argued that germline therapy would be “pointless” from a therapeutic standpoint, the authors said, “There are serious concerns, therefore, that a hidden motive for germline gene therapy is to enable research to be done on germline manipulation with the ultimate aim of germline-based genetic enhancement.”

“The latter could result in positive eugenics programs, whereby planned genetic modification of the germline could involve artificial selection for genes that are thought to confer advantageous traits.”


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Cable series portrays nun as back-alley abortionist

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By Ben Johnson
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'To depict a nun who performs an abortion is a new low,' said Bill Donohue, president of the Catholic League for Religious and Civil Rights.

The Cinemax TV series The Knick portrayed a Roman Catholic nun as a back alley abortionist who tells a Catholic woman God will forgive her for going through with the procedure.

In its latest episode, which aired Friday night, the series showed Sister Harriet (an Irish nun played by Cara Seymour) telling a Catholic woman named Nora, “Your husband will know nothing of it. I promise.”

“Will God forgive me?” Nora asked, adding, “I don't want to go to Hell for killing a baby.”

“He knows that you suffered,” the sister replied, before performing the illegal abortion off-screen. “I believe the Lord's compassion will be yours.” 

The period medical drama is set at the Knickerbocker Hospital (“The Knick”) in New York City around the turn of the 20th century, when abortion was against both civil and ecclesiastical law.

“It is no secret that Hollywood is a big pro-abortion town, but to depict a nun who performs an abortion is a new low,” Bill Donohue, president of the Catholic League for Religious and Civil Rights, said. “The only saving grace in this episode is the real-life recognition of the woman who is about to have the abortion: she admits that her baby is going to be killed.”

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The series is directed by Steven Soderbergh, known for such films as Erin Brockovich, the Oceans Eleven franchise, and Sex, Lies, and Videotape. More recently he directed The Girlfriend Experience, a film about prostitution starring pornographic actress Sasha Grey.

Critics have hailed his decision to include a black surgeon in circa 1900 America. But after last week's episode, the New York Times stated that The Knick has chosen to “demonstrate concern for other kinds of progress,” citing the depiction of the abortion. 


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Balcony of the Grandmaster Palace in Valletta, which houses the Maltese Parliament. Shutterstock
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Catholic Malta enacts ‘transgender’ employment discrimination law

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By Hilary White

An amendment to Malta’s Employment and Industrial Relations Act means that employment “discrimination” against “transsexuals” is now officially prohibited in the Catholic country. The provision, which was quietly passed in May, came into effect on August 12th.

The law allows those who believe they have a complaint to make a case with the National Commission for the Promotion of Equality, with an industrial tribunal or the courts. A government spokesman told local  media, “Employees do not need to prove that their employer has discriminated against them.”

“They only need to provide enough evidence pointing to a likely case of discrimination. The employer will then need to prove that discrimination has not taken place.”

The amendment defines illegal discrimination against “transgendered” people as, “in so far as the ground of sex is concerned, any less favourable treatment of a person who underwent or is undergoing gender reassignment, which, for the purpose of those regulations shall mean, where a person is considering or intends to undergo, or is undergoing, a process, or part of a process, for the purposes of reassigning the person’s sex by changing physiological or other attributes of sex.” 

Silvan Agius, Human Rights policy coordinator with the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, told Malta Today newspaper that the new amendment brings Maltese law into harmony with EU law.

“This amendment is continuing the government’s equality mainstreaming exercise. The inclusion of gender reassignment in the Act also brings it in line with the anti-discrimination articles found in both Malta’s Constitution and the Equality for Men and Woman Act,” Agius said.

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Agius is a key member of the homosexual activist apparatus in Malta’s government working to entrench the ideology of gender in law in Malta and elsewhere. In June, he was a featured speaker, with the notorious British anti-Catholic campaigner Peter Tatchell, at a Glasgow conference organised by the Edinburgh-based Equality Network, a group that helps organise and train homosexualist campaign groups.

The amendment to the law follows promises made recently by the country’s equalities minister, Helena Dalli, to a “transgender” congress in Hungary in May. Dalli, who brought forward Malta’s recently passed same-sex civil unions bill, told a meeting of gender activists in Budapest that while her government’s focus had been mainly on homosexuals, that she would shortly be turning her attention to “trans” people.

“The next step now is a Bill towards the enactment of a Gender Identity law. A draft bill has been prepared and it has now been passed to the LGBTI Consultative Council for its vetting and amendment as necessary,” Dalli said.

“Some of you may be thinking that we are moving forward quickly. I have a different perspective though. We are doing what is right, what should have been done a long time ago,” she added.

Since the legalisation of divorce in 2011, Malta has been remarkable for its rapid adoption of the gender ideology’s agenda. In 2013, Malta was named the “fastest climber” on the Rainbow Europe Index, a survey organised annually by ILGA Europe, the leading homosexualist lobby group funded directly by the European Union.

The ILGA Europe report notes (p. 114) that Helena Dalli Helena “was one of 11 EU Member States’ equality ministers to co-sign a call for the European Commission to work on a comprehensive EU policy for LGBT equality.” The report also noted that although the new Labour government has proved cooperative, the Christian Democrat Nationalist Party has “progressively proved more receptive to LGBTI issues, including same-sex unions.”


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