Judicial Activism, eh!
On Thursday the Supreme Court of Canada ruled ruled that obese people have the right to two seats for the price of one on flights within Canada.
I agree that obesity can be a disability, or at least a disadvantage, but should that translate into a requirement for the private sector to use its resources without compensation? Do governments have authority to supersede property rights? If so, where does that authority begin and end? For example:
I agree that obesity can be a disability, or at least a disadvantage, but should that translate into a requirement for the private sector to use its resources without compensation? Do governments have authority to supersede property rights? If so, where does that authority begin and end? For example:
- Should restaurants be required to serve larger portions to big people?
- Should bookstores be obliged to give books to the less intelligent?
- Should pharmaceutical companies be forced to furnish drugs to the diseased?
I'm certainly no expert on the Canadian judicial system, but this decision strikes me as having been made by a court more interested in setting social policy than interpreting the law. The potential ramifications of such activism are disquieting to democratic societies everywhere. Social policy should be established by accountable, elected representatives, not judges.


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