It's a showdown at the O.K. Corral. Will Harper blink?

Lovely.

The Supreme Court of Canada has pulled out their hair with how our Government has participated in the infringement of Omar Khadr's rights.

They have suggested he was tortured by the use of sleep deprivation.

News flash.

Police forces across the country regularly use sleep deprivation to quesiton suspects.  I myself represented a YOUTH who was denied the ability to go to sleep while police questioned him, over and over again, throughout the night.  Leaving him to doze off, only to wake him again to continue questioning him.  All for a stolen car.  Not murder and terrorism, but a stolen car. And, when I challenged his statement on the basis that it was voluntary, well, our Court not only didn't suggest he was "tortured", they in fact, allowed the statement to be admitted as a "voluntary statement".

The Supreme Court was offended because a Youth was questioned alone.  Well, in the aforesaid case, so was my client.  Throughout his interrogation, he was alone without parent, lawyer, or other adult present.

The Supreme Court of Canada was once an august body, whom sought to prudenly capture the ideals of a country and perform their duty as a third arm of government, upholding the Rule of Law, which posits that all are equal before the law, including the government itself.  There was a time, as a law student, when I would relish the opportunity to read decisions from this Court, and feel proud to be entering a profession which was so noble and significant in the lives of our citizens.

Sadly, my respect, and my pride in my profession is not what it once was.

The days of the Supreme Court of Canada being prudent guardian of the Rule of Law and seeking to stand as a third arm of government have passed us.  Over and over the Supreme Court of Canada has exceeded it's mandate and has entered the rhelm of policy maker and legislator.  And they have done so with relish.

Shame on them.

Changes in the laws of our land have come fast and furious, leaving many with the mouths open and jaws dropped as what the court said was law a few years ago, is now fodder for the bird cage.

The rampant growth of "palm tree justice", where principals and existing jurisprudence take a backseat to "the flavor of the day" is now endemic in our judicial system, taking the lead from our highest Court.

And this decision on Khadr, while I am gratified did not go so far as some of the lower courts, to presume authority being vested in the Courts to dictate foreign policy and international relations, continues this mad effort which, I feel, embarasses all members of the profession of law.

While our Courts, including the Supreme Court of Canada, have ironically whittled away rights of due process in our own country, in favor of "victims rights", in this instance, they have conveniently ignored the concerns of Omar Khadr's victims, being the medic he allegedly killed, and, in fact, being all of us who can no longer feel safe while we fly, and who are being asked to look about in suspicion at any large gathering, in order to secure "respect" for alleged terrorists.

The Supreme Court and many in our profession are suggesting that Stephen Harper had best bend to the clear will of the Supreme Court in seeking to repatriate Omar Khadr.

My proudest day will be when Stephen Harper does not blink.

When he stares down Beverley McLachlin, and says, "there's a new Sheriff in town" and we don't put up with terrorists and aren't afraid of even losing an election because we stood up against terrorism and fear.