"He was so authoritative and...forceful! I was miserable; my husband drank constantly, threatened me with physical abuse, yelled at our children. I couldn't take much more of that marriage; but, when he said, 'The bible says you must obey your husband!' I knew there was no hope of escaping that monster!"
"Who told you that? Your husband?"
"No, the judge presiding over my divorce trial!"
* * *
EXHIBIT A: Raymond Bartlett, a Nova Scotia judge, became the subject of a judicial enquiry when several women claimed that he discounted their complaints and ordered them to obey their husbands. "If I make a correct quote from god's word," Bartlett stated, "those are not my views. They're god's." He had been sitting on the bench for 20 years.
"Your Honour, my clients have been discriminated against by being forced to send their children to an English school even though they speak French at home. This is in clear contravention of the Charter which, I am certain you will recall, states -"
"The Charter?"
"That is correct, Your Honour. The Charter clearly states -"
"Which Charter is this?"
"The...the Charter of Rights and Freedoms."
"This is a Canadian document?"
"Yes, Your Honour! The Canadian Charter of Rights and Freedoms. Surely, you're familiar with it."
"Can't say as I've heard of it."
"It became law after the Constitution was patriated from Britain by the Trudeau government...it was in all the papers. Are you certain...?"
"Oh! That Charter!"
"Exactly, Your Honour. That Charter. Now, it clearly states -"
"I don't believe in that Charter."
"I beg your pardon?"
"I'm sorry, but that Charter shifts too much power away from the elected Parliament and gives it to unelected and unaccountable courts. No, I don't believe in it."
"But...but...it's the law of the land. If I cannot refer to the Charter in my argument, how can I properly present my case?"
"Now, that's not my problem, is it, councilor?"
* * *
EXHIBIT B: Former Conservative Premier of Manitoba Sterling Lyon was appointed as a judge in the Manitoba Court of Appeal by the Conservative Cabinet of Prime Minister Brian Mulroney, even though he strenuously fought patriation of the Constitution. "Even if it is purported law, it won't be tolerated," Lyon said of the Charter in 1980, calling it a "poison."
"Why don't we give Jack a judgeship in BC?"
"Jack? What does he know about the law?"
"Umm...nothing, actually. He's a chemist."
"Oh. Well, that's not very helpful."
"He did appear in traffic court, once."
"Hmm...yes, well, I think it might be best if we didn't mention that. How about the province? How has he served British Columbia?"
"He, umm, hasn't actually served British Columbia..."
"No? Why not?"
"He comes from Montreal."
"Oh. I see."
"He did vacation in Vancouver one summer, though.
"That's as may be. What I need to know is why we should appoint Jack to a judgeship in BC."
"Because he helped the Prime Minister win big in Quebec in the last federal election?"
"Really? Let's go over his qualifications one more time..."
* * *
CLOSING ARGUMENT: What is justice? It starts with the law, which, among other things, is a guide to how to mediate disputes between individuals and groups. But, how well justice is meted out depends on how good the judges are who interpret the law. The evidence heretofore presented suggests that, in Canada, some of the administrators of justice are very poor, indeed. We need, therefore, a mechanism to review judge's decisions to endure that they are impartial and fair. A public review. There should also be a review process for the appointment of judges to ensure that legal acuity is a more important qualification than political service.
Would the justice system like to submit its defense?
