Judge Must be Investigated for Pricing a Human Life
UPDATE: March 26th, 2019
We received a response to our complaint against Justice Del Frate from Mr. Norman Sabourin, the Executive Director of the Canadian Judicial Council. Our complaint accused the judge of making a serious breach of conduct by openly breaking the law.
In his response, Mr. Sabourin rejected our complaint and refused to allow it to be brought forward before the Council for review.
He explained: "It is not for Council to review the manner in which a judge exercised his judicial discretion in the conduct of a case, nor how he came to the findings of fact and law. Council has no jurisdiction to review a judgement, nor the process of judicial decision-making."
In other words, Justice Del Frate cannot be held accountable for willfully breaking the law, becuase the broken law formed the basis of his ruling. It is his "judicial discretion" to break the law as he sees fit. This is patently absurd!
The judge showed his awareness of the law he violated by quoting it in his ruling: "(21) It is illegal to purchase and sell gametes and embryos, according to the Assisted Human Reproduction Act, S.C. 2004, c. 2." Yet, what did he do but go on to set a price on a living human embryo (a living human being at an early stage of development) at $2,875 US?
Not only is it a grotesque violation of human rights to approve of the buying, selling, and pricing of human beings, it is an insidious threat to women, who are the ones most likely to be exploited in paid surrogacy arrangements ("rent-a-womb" schemes).
The stated mandate of the CJC is "to promote efficiency, uniformity, and accountability, and to improve the quality of judicial service in all superior courts of Canada." But what is the point of having such a body if it refuses to investigate an activist judge who admits to violating the law? The rule of law is in jeopardy - as well as people's confidence in our judiciary - if a single judge is permitted to take the law in his own hands without consequence, review, or rebuke.
Read the CJC's response to our complaint here: https://archive.citizengo.ca/buying-human-CJC-response.pdf
UPDATE: Sept. 25th, 2018
We filed a formal complaint with the Canadian Judicial Council. You can download it here: https://archive.citizengo.ca/buying-human-souls.pdf
REPORT: Sept. 10th, 2018
On July 25th, 2018, Ontario Superior Court Justice Robert Del Frate released his ruling in the matter of SH v. DH. Here is a case of frankenstein science meets judicial activism.
Here’s the story: An Ontario husband and wife had purchased four human embryos (human beings) from a lab in Georgia, which were then transported to a lab in Ontario. (These embryos were conceived from the sperm and eggs of two other, unrelated individuals.) One of the embryos was born. Two died. Later on, after the husband and wife got a divorce, they disagreed over what would become of the last remaining embryo (child). The wife wanted it implanted in her so she could give birth to the child. But the husband wanted it given to another couple.
Astoundingly, Justice Del Frate actually decreed the price tag for this living human embryo (a conceived human being) as $2,875 US. He also had no qualms with the sale and purchase of this little human life - in direct violation of Canadian law.
Justice Del Frate gave lip service to the law in his ruling: “(21) It is illegal to purchase and sell gametes and embryos, according to the Assisted Human Reproduction Act, S.C. 2004, c. 2.” However, he then went on to totally ignore the letter and spirit of the law without further ado: “(22) I do not plan on dealing with the conflict of laws issue arising on the facts.”
The Assisted Human Reproduction Act is there for a reason. It is there because of the evils of human trafficking. It is there because of the surpassing value of each and every human life.
Nevertheless, Justice Del Frate accepted the illegal and immoral premise that a human embryo is a piece of property which may be sold, purchased, and owned. This is glaringly reminiscent of past human rights injustices. During the days of the slave trade, African men, women, and children were treated as chattel. During the days of the Residential Schools, aboriginal children were treated as pawns of the state.
Unfortunately, Justice Del Frate ruled in line with these past abuses: “(19) In the present case, the parties agreed that the embryos would be treated as property in their contracts with both the ISIS Regional Fertility Clinic and the Biology Associates. Neither party contests that the embryos should be treated as property. Accordingly, they must be divided as such. However, there is only one embryo…(34) The parties paid $11,500 USD to create four jointly owned embryos. Each embryo is therefore worth $2,875 USD.”
In other words, since the husband and wife had decided to (illegally) pay for a child conceived in vitro, therefore, the court will respect their (illegal) purchase and rule based on that (illegal) purchase.
To illustrate how preposterous this line of reasoning is, let me use this comparison: Imagine a husband and wife bought a stash of cocaine in South America and had it quietly transported to a facility in Ontario. (Of course, the purchase and possession of cocaine is illegal in Canada). After the couple’s divorce, there was still a quantity of cocaine remaining. Therefore, they went to a judge to have him rule on who should get the cocaine, and who should be compensated for the original purchase. What do you think the judge would do? Would he divide up the cocaine to both parties? Would he give the cocaine to one party and make her pay off the other party? Of course not! These are illegal activities. He would probably throw both parties in jail and instruct the police to investigate the Ontario facility where the cocaine was stored.
Now what is so different about the SH v. DH case? Why can the judge ignore the law in this particular situation? Isn’t trafficking in human beings more egregious than trafficking in cocaine? Shouldn’t the judge’s primary concern be the life and security of this child? Isn’t it wrong to set a precedent where a human soul is valued at $2,875?
What is the Minister of Justice doing? What is the government doing?
What we are doing, at CitizenGO Canada, is as follows:
- We are writing a petition to the Hon. Caroline Mulroney, Attorney General for Ontario, asking her to investigate the SH v. DH ruling for judicial misconduct.
- We are filing a complaint with the Canadian Judicial Council regarding Justice Del Frate, asserting that he knowingly ignored the letter and spirit of the law in his ruling, thus undermining the Canadian judicial system and the public’s respect for Canadian law.
Please join us in signing our petition and sharing it with your family and friends. We cannot allow rogue judges to ignore the law to suit their fancy. We cannot allow laws that protect human life at its earliest stages to be undermined and discarded. Our democratic and moral foundations cannot – must not – be so casually overridden!
FOR FURTHER READING
-Petition Against Bill C-404: https://www.citizengo.org/en-ca/lf/162477-liberal-mp-puts-price-tag-women-rent-womb-bill
Sign this petition now!
Please Investigate Activist Judge