Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

FELDSTED -- We either have a politically neutral, independent justice system or we have a dictatorship

Is Canada a banana republic, or
a free and open democracy?

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

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.

Comments

Popular posts from this blog

Abbotsford-Mission MLA Reann Gasper to step down for Conservative Leader Hon. Kerry-Lynne Findlay to run in a by-election

Deputy Whip and MLA Reann Gasper has informed the Speaker of the Legislative Assembly of British Columbia of her decision to step down as MLA for Abbotsford-Mission, creating an opportunity for Conservative Party of British Columbia Leader Hon. Kerry-Lynne Findlay to seek the seat in a forthcoming by-election. Gasper said the decision was made carefully and deliberately, with the future of British Columbia firmly in mind. Abbotsford-Mission MLA Reann Gasper “This is a decision I have made after a great deal of careful consideration, and I believe it is the right decision for me, for our Party, and for the work ahead,” said MLA Gasper. “It has been a privilege to represent the people of Abbotsford-Mission, and I am deeply grateful to everyone who placed their trust in me. I am also grateful for the opportunity to serve alongside my colleagues in the Conservative Caucus and to contribute to our leadership team.” “I have confidence in Kerry-Lynne, in her leadership, and in her ability to ...

NDP Sits on $61 Million With No Start Date for Burnaby Hospital

Phase 2 of Burnaby Hospital redevelopment  was green lit to go ahead in September 2023 The NDP spent $45 million on the Burnaby Hospital redevelopment, cancelled the second phase, and now has another $61 million listed for the project in the province’s Public Accounts, with no start date for construction. If the NDP cancelled the project, what is happening to the $61 million set aside for it? The Phase 2 project was expected to cost between $1.7 billion and $1.8 billion and was intended to expand the hospital’s capacity. With Burnaby’s population growing and residents struggling to access healthcare, the government should be investing in healthcare capacity, not leaving millions of dollars tied up in limbo. “The NDP spent $45 million on this project before cancelling it, and now $61 million remains listed for it in the Public Accounts,” said MLA Misty Van Popta, Shadow Minister for Infrastructure. “If the government isn’t going to build the hospital expansion, it should explain whe...

BC Conservatives Point to Warning Signs in BC’s Economy

While Canada posted modest job gains in July, warning lights are still flashing in British Columbia. Youth unemployment remains stubbornly high, leaving too many first-time jobseekers shut out of the workforce. BC also lost 3,400 public administration jobs in July, likely as temporary Census positions ended. “BC's jobs divide remains stark. Unemployment is far higher in business-driven communities like Kelowna (9.3%) and Abbotsford-Mission (8.3%) than in Victoria (5.0%). Government should be focused on creating the conditions for private-sector investment and job growth,” said Gavin Dew, MLA for Kelowna-Mission and Shadow Minister for Economic Development. “We need an economy where young people can find work, businesses can hire, and every region has the opportunity to prosper.” This comes as BC faces five straight quarters where more businesses are closing than opening, an NDP cabinet rift over job-creating projects like Tilbury LNG, and fresh signs that even the province's to...

Labels

Show more