FELDSTED -- We either have a politically neutral, independent justice system or we have a dictatorship
The Canadian
government can intervene to end Meng's extradition trial. Should it? Extradition
Act allows justice minister to intervene at any point during judicial
phase Is Canada a banana republic, or
a free and open democracy?
Mark Gollom, Olivia Stefanovich ~~ CBC News ~~ Jun 23, 2020
While seasoned jurists say the Canadian government has every legal
right to intervene to free Huawei executive Meng Wanzhou from her
extradition trial to the U.S., some experts warn such an action could
have significant political ramifications.
“The question isn't whether the [Canadian government] can, the question is
whether they should," said Toronto-based lawyer Brian Greenspan.
In 1999, the Extradition Act was amended to include a specific
provision that provides the federal minister of justice the power to intervene
in an extradition at any point during the judicial phase.
"The minister has the right to withdraw the authority to
proceed and to end the extradition proceeding, and it's totally at the
discretion of the minister of justice," Greenspan said.
* * * * * * * * * * * * *
This is proof of how dangerous our federal government has become. Our justice
system is styled to be fair, impartial and politically neutral. The Justice
Minister is a political appointment -- and not politically neutral. The justice
system is under the control of the Attorney General which is, of necessity, a
politically neutral position.
Our governments have chosen to make the Attorney General and Justice Minister
one position, an obvious conflict of interest.
We watched in horror as the Clerk of the Privy Council, who is also required to
hold a politically neutral position reporting to the Governor General, attempt
to pressure the Attorney General, another politically neutral position, into
not prosecuting SNC-Lavalin for purely political reasons.
That is what we would expect in a banana republic or dictatorship like China,
but not in a free and open democracy.
Our justice system must stand alone, separate and apart from the government in
all aspects. We can refer laws that infringe on our rights and freedoms to the
justice system for review to ensure that our government does not infringe on
our constitutional rights through statute. That is how laws, or sections of
laws are ‘struck down’ or declared void by a judge.
We must never give up the right to protection from a government that
seeks to crush us by overriding our fundamental rights.
The current overabundance of conflicting coronavirus regulations, issued under
health care emergency provisions, is an example of the mess we get into when we
mix politics and justice.
Provinces have no power over quarantine. That is a federal
constitutional jurisdiction and responsibility. It does not matter what
provincial health care legislation has been adopted; provincial legislation
cannot override the constitution or expand provincial powers.
Similarly the federal government cannot use legislation to provide itself with
powers to intervene in the application of justice.
We either have a politically neutral, independent justice system or we
have a dictatorship. There are no alternatives. Political interference in our
justice system is not acceptable.
Businesses and individuals have a right to fair, independent and impartial
treatment by our justice system and courts.
Politicians putting their fingers on the scales of justice is not
allowed.
John Feldsted ... is a political commentator, consultant, and strategist. He makes his
home in Winnipeg, Manitoba.
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