There’s
a great article in the Guardian by Jonathan Freeland that you ought to read
right now. Go ahead:
https://www.theguardian.com/commentisfree/2019/apr/12/societies-referees-judges-scientists-journalists-powerful
https://www.theguardian.com/commentisfree/2019/apr/12/societies-referees-judges-scientists-journalists-powerful
You’re
welcome. Not that any of it was a surprise to you, but Freeland’s good at
articulating that sort of thing. So Frump attacks the media, academia, attacks
the scientists, and most crucially of all, attacks the judiciary, because he
can’t stand anyone getting in his way. In short, he’s pushing for a world in
which he, and Big People like him, can do whatever the hell he wants.
Authoritarians the world over shout “Amen!”.
Did you
notice the bit about rich drivers in California routinely ignoring pedestrian
crossings? This probably won’t surprise you either, especially if you spend any
amount of time on the 403, but I for one kept telling myself it was confirmation
bias. Turns out we weren’t imagining it after all: rich folks in their fancy
cars really don’t obey the rules.
Naturally,
all this brings me to mind of our own glorious Frumpian wannabe, Premier Thug
Frod. And not just for the obvious reasons.
When Frod’s
brother Rob was Mayor of Toronto, he once brazenly admitted that he often took
the carpool lanes to avoid traffic. Without actually car-pooling. For me, it
was the story that stood out the most, and was most emblematic of his
leadership, even though it was probably the least of his wrong-doings. It just captured so succinctly his complete
lack of idealism or higher-order thinking. Nevermind the rules. Nevermind his
responsibilities as a public servant. No question of leading by example by
actually following the rules. No consideration at all for the reasons the rules
are in place or what the rules are intended to accomplish. Rob had to get
somewhere and Rob did what he had to do, and no pesky rule was going get in
Rob’s way. Is it any surprise then, that the Rob Ford mayorality collapsed into
an internationally ridiculed gong-show?
And the
enlightened voters of Ontario loved it so much they put his brother in charge
of the whole friggin’ province. . .
One of
the first things the Frod dynasty, with its history of respecting rules https://www.theglobeandmail.com/news/toronto/globe-investigation-the-ford-familys-history-with-drug-dealing/article12153014/),
did was
to go after the “unelected judges”. No mere judge is slow down Thug Ford –
he’ll just use a “Nothwithstanding Clause” to ignore the Canadian Charter of
Rights and Freedoms altogether. (We can thank the infinite far-sightedness of
the senior Trudeau government for that one). Pardon
me if I’m less than thrilled.
When
Frod calls the judges “unelected”, he’s basically saying “who the fuck are
these buggers telling me what to do? I can do whatever I want.” I am not
certain that politicians should be able to do whatever they want. Nor am I
impressed with his invoking of the “will of the people.” The will of the people favoured slavery and
the Nazi invasion of Poland as well. The braying mobs aren’t always right about
everything – the courts ensure that the “will of the people” is carried out in
ways that don’t get other people killed.
They should not be undermined at whim.
The
courts basically exist to guarantee your rights. The courts ensure the State cannot
do as it pleases with you. The courts see do it that politicians do not
overstay their welcome and treat their positions as personal pfiefdoms. The
courts ensure you are not tortured in jail, no matter how many votes that might
win. The courts guarantee you can piss-off any politician you like.
By way of comparison, let’s have a look at an administration
that doesn’t have an independent judiciary.
When the Meng Wanzhou, the Precious Princess of Huawei, was
arrested in Vancouver, the Chinese Government threw a hissy fit and detained no
less that 13 Canadians in retaliation. Now you may believe that the authorities
just happened to have credible dirt on all 13, and just happed to find it right
after Meng’s arrest, in which case I’ve got a Nigerian prince on the phone
dying to talk to you.
Now most of those, fortunately, have bee released, but Michael
Kovrig, a former diplomat, and Michael Spavor, a businessman, are still in
custody. They’ve been subject to sleep deprivation, denied legal representation,
regular consular services (once a month) and contact with their families. They are
hostages of a petty, thin-skinned, vindictive regime that do whatever it wants
to people within its borders. They’re certainly not restrained by unelected
judges!
Speaking of judges and courts, the People’s Republic didn’t
stop there: they dusted off the old case of Robert Schellenberg, a drug smuggler
sentenced to life, and sentenced him to death instead. Angry at Canada for
obeying its laws and treaties? Grab a Canadian and kill him.
Now there will doubtless be some knuckle dragging
troglodytes of the get-tough-on-crime variety who will snarl that Schellenberg
is simply getting what was always coming to him: break a country’s laws and
suffer the country’s punishment. The thing they should get through their thick
skulls is: Schellenberg was punished.
He was tried, convicted, and sentenced. He was serving his sentence. That’s how
justice works. Then the Party threw a tantrum and changed the sentence in a fit
of pique. That is not how justice works. Criminal sentences are not supposed to
be subject to political whim: a sentence is binding, in accordance with a set
of laws. They’re not supposed to be changed when it’s politically expedient,
still less to exert pressure diplomatic spats.
Our “unelected judges” see to it that citizens know what
they’re getting. They will have the opportunity to defend themselves, they will
not be subject to torture, they know what they are being accused of, and what
their punishments will consist of. The government cannot say to you on morning “actually,
you’re more useful to us dead”. That’s what happens in China, where the law is
whatever the strongmen say it is. Where the Powers that Be can do whatever they
want, whenever they want.
So you will see why I’m less than enthused by Frod’s
contempt for “unelected judges”. This from the man who would cheerfully use a “non-withstanding”
clause to ignore the Charter of Rights and Freedoms. When it comes to upholding
and respecting my rights, I’ll go with the judges over him any day.
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