A recent court decision in Canada should send chills down every
parent's spine. The ruling is so out of bounds that the news story
sounds like a parody -- but it isn't. A Canadian judge ruled that a
12-year-old girl was "excessively" punished when her father told her
she could not go on a school camping trip because she had broken rules
for use of the Internet.
As the Globe and Mail [Toronto] reports:
First, the father banned his 12-year-old daughter from going
online after she posted photos of herself on a dating site. Then she
allegedly had a row with her stepmother, so the father said his girl
couldn't go on a school trip.
The girl took the matter to the court - and won what lawyers say was an unprecedented judgment.
Madam Justice Suzanne Tessier of the Quebec Superior Court ruled
on Friday that the father couldn't discipline his daughter by barring
her from the school trip.
This judge needs to be grounded and sent to her room. A 12-year-old
girl violated rules and disobeyed her father. The rules, by the way,
were intended to protect the girl from endangering herself on the
Internet. In posting pictures of herself on the Internet -- on a dating site, for crying out loud -- she defied her father and his authority. After going to the court, she got away with it.
For years, we have been warned that the courts were poised to usurp
parental authority. We have seen chilling judicial precedents and the
encroaching reach of bureaucrats and government agents. Warnings were
offered by prophets like Philip Reiff and Christopher Lasch, who saw
the family being stripped of its functions and replaced by an army of
eager agents. Parents are supplanted by professionals who are "experts"
in raising other people's children.
The Canadian case is among the most chilling
yet. The father is appealing the decision, even though the girl has
already gone on the camping trip. The family is involved in a difficult
divorce situation, but the father was granted custody. Gladly, outrage
over the judge's ruling is building in Canada.
Lorne Gunter of Canada's National Post described the ruling as "sputteringly enraging." The Canadian blogosphere has taken notice, as have parents.
Gunter drew particular attention to the
fact that the girl's attorney explained that she took the case to court
because it involved the school trip: "For me that was really
important."
Gunter responded:
"For me that was really important." So what? Just who are
you? Are you the kid's parent? Are you a relative of any sort? No? So
why, then, does your opinion matter? And if it does matter, how is
court action appropriate? At most, even if you are a close relative,
you are limited to calling up the dad and expressing your view that his
punishment is over-the-top.
Ms. Fortin insists that while court was a last resort, the
situation called for it: "This was not a question of going to the
movies or not, or going online or not -- because obviously, I wouldn't
have intervened in that."
Just how is that obvious? It should have been obvious that
you don't go to court over missing the camping trip, either, but that
doesn't seem to have dawned on Ms. Fortin. She called the trip a rite
of passage. What will be the rite next time, a missed sleepover, her
first out-of-town volleyball tournament with the school team?
The logic of this ruling is not limited to Canada. In 1970,
Hillary Rodham, then a young lawyer (and later Sen. Hillary Clinton),
wrote a law review article, "Children Under the Law," in which she
argued that minors should be treated as "child citizens" who should,
under at least some conditions, be able to challenge their parents in
court over parental decisions.
This father may win his appeal -- we must hope that he does --
but the damage is already done. This 12-year-old girl has defied her
father and been rewarded by a secular court. The judge and the court
have now become complicit in the girl's disobedience. This father has
had his rights as father denied and his authority undermined. We can
only imagine the costs of this judicial malpractice in the life of this
girl and her family. Beyond this, the precedent is now set for further
judicial mischief.
America's parents had better look north and take notice. This judicial atrocity hits very close to home.