The recent, well publicized, keynote address of Governor General David
Johnston at the Canadian Bar Association annual meeting in Halifax
established two important points, both of which deserve greater reflection.
The first is that the governor general occupies a special position in our
society. Leaving aside the political question of whether he or she is the de
facto head of state whenever the sovereign is outside the country, the
governor general sets a national tone and standards of conduct, removed from
partisan considerations. The Governor General's Awards for literature and
history are examples. The governor general is the Principal Companion of the
Order of Canada and the Order of Military Merit, the highest levels of
recognition for exceptional Canadians.
Governors general are themselves examples of the best of our society and
have come from a variety of backgrounds, a feature particularly appropriate
for a country such as Canada, with its immense breadth and diversity.
It is not only appropriate, but desirable, that persons holding such
office be willing to address issues of national importance. Indeed, the
governor general is in a unique position to identify concerns which require
a national focus, concerns which political and other leaders might hesitate
to raise for fear of losing a partisan or other advantage. We should welcome
and encourage such initiatives, which help underline the meaning of
citizenship.
The second point is that the role of the legal system in Canada and the
administration of justice are fundamental to a society governed by the rule
of law, as opposed to arbitrary administrative discretion. It is the rule of
law which sets democracy apart from dictatorship. The rule of law is not
simply a matter of having laws on the statute book. Instead, it is the
challenge of making certain that the laws adopted by Parliament and
provincial legislatures actually operate as they were intended, in response
to the view of what society, clothed with such legislation, should be.
This is, admittedly, not an easy task. It requires recognizing not only
rights worthy of protection, but also duties, as a part of a larger social
responsibility. We have a long-standing tradition of appointing competent
judges, who must be prepared to be completely independent in their
application of the law and to do their part in the humane and efficient
administration of justice. We have another important social institution,
namely a self-governing legal profession, independent from both the
judiciary and the administration. And we have the publicly funded system of
administration of justice. Each of these is essential to the rule of law.
Failure by any of them seriously compromises this objective.
Johnston was quite right to point to evident weaknesses in the
administration of justice and elements of the legal system, particularly, at
the meeting of the Canadian Bar Association, and to challenge the legal
profession itself regarding its conduct within society. Issues of this
nature tend not to be placed in the spotlight either by administration or
the profession itself. They are considered delicate, potentially divisive
and perhaps embarrassing. With respect, as the challenge relates to the
legal profession, this completely misses the point of a self-governing
profession, especially one which holds itself out as fundamental to the
protection of societal rights and the administration of justice. Who better
than the governor general to point out gaps between what is said and what is
done? Who better than the governor general, especially one who is thoroughly
familiar with the teaching and practice of law, to point out some of the
recent excesses that have disrupted lives and the economy, and to ask
whether and where the legal profession had failed to act with commensurate
responsibility? Who better than the governor general to underline the
difference between public service in a learned profession and simple
maximization of profits in a business?
This has been a timely wake-up call to everyone concerned with the
administration of justice as a whole, including the legal profession. It
remains to be seen whether it has served its purpose or whether, having been
briefly disturbed, the "system" will roll over and go back to sleep. If it
does so, it will be at its own peril. A system of justice which does not
respond to the needs - content, accessibility and timeliness - of the
society which it purports to serve is doomed to failure. Any such failure
will eventually have catastrophic social implications.
The legal profession has a unique opportunity to lead the necessary
realignment. It has the knowledge, the experience and the talented
individuals needed to drive the change. Or, it can carry on as before, in
which case, someone else will inevitably occupy the vacuum and do the job
for it. One way or another, however, it is whistling past the graveyard to
think that things are just fine and can continue. That time has passed and
the pressures on society and the administration are increasing too rapidly.
Enlightened evolution is much preferable to more drastic and inexperienced
reaction.
Richard W. Pound is a partner in the Montreal office of Stikeman
Elliott. The opinions here are his own.
© Copyright (c) The Ottawa Citizen
Source
The address by our Governor General, David Johnston is unlikely to wake
anyone up from their willful blindness when it comes to a critical look at
the administration of justice which is often less what can be expected in a
dictatorship or a third world country.
For Canadian men, there is no justice. The courts apply a "Male Sharia Law".
A reverse onus is frequently applied that makes men guilty when a woman says
so.
Our judiciary especially the notorious underbelly routinely issued orders
that ban fathers from legal recourse forever, and criminalize them with
automatic reverse onuses.
Ontario Jails are now increasingly become "debtors prisons", for fathers,
whose only crime was to ask the courts for an order to ensure their children
had a relationship with their father.
These fathers are often issued with support orders that have no evidence
whatsoever and or restraining orders that criminalize fathers.
At the end of the day, Ontario Jails are increasingly filled with innocent
men by dead beat feminist judges who abuse their discretion.
Our judiciary, need accountability, they need a police, like any group in
society they have their share of criminals, those who are habitual chronic
abusers of power, they need policing, the present Judicial Council is a very
sick joke that only sanitizes complaints.
We need a Legal Presumption of Equal Parenting and its up to every Canadian
Father to get on the phone and remind their Member of Parliament that its
time to end Canada's War on Men and to give Children Legal Rights to a
presumption of equal parenting.
Everyone in Ottawa needs to know that our Ottawa Judiciary contain a
number of judges who are universally hated by almost the entire legal
profession and a large number of the litigants who are victims of flagrant
abuses of judicial discretion.
Justice Allan Sheffield is known as "the worst of the worst", he takes
orders for motions, and like several other judges such as Denis Power,
Cheryl Robertson, who make orders for their friends, political friends.
The way that money changes hands is by "orders for costs", one lawyer
will be awarded a mind boggling amount of costs that ensures that one lawyer
walks away with a pot of gold.
The same judges will pick on lawyers they don't like, its well known that
an "annoyed" judge will make orders to effectively destroy the career of a
lawyer they don't like. His or her only option is to change jurisdiction
away from that judge or to ensure they never have that judge again.
www.OttawaMensCentre.com
Everyone in Ottawa needs to know that our Ottawa Judiciary contain a
number of judges who are universally hated by almost the entire legal
profession and a large number of the litigants who are victims of flagrant
abuses of judicial discretion.
Justice Allan Sheffield is known as "the worst of the worst", he takes
orders for motions as do several other judges such as Denis Power, Cheryl
Robertson, who make orders for their friends, political friends.
The way that money changes hands is by "orders for costs", one lawyer will
be awarded a mind boggling amount of costs that ensures that one lawyer
walks away with a pot of gold.
The same judges will pick on lawyers they don't like, its well known that an
"annoyed" judge will make orders to effectively destroy the career of a
lawyer they don't like and to ensure they never become a judge.
His or her only option is to change jurisdiction away from that judge or to
ensure they never have that judge again.
www.OttawaMensCentre.com
www.OttawaMensCentre.com
.Wake up ? Its time for every Canadian Father, every sister, mother, aunt,
grandmother daughter of a father to stand up and demand that Children have a
right to a Legal Presumption of Equal Parenting.
Canadian Family Courts are run with less legal rights than a Libyan
Military Court. Its time for that to change. We need a real police for the
judiciary to deal with the criminal dead beat judges who flagrantly and
openly make corrupt decisions for their friends.
We also need a legal presumption of equal parenting and its time for
Every Canadian to speak to their MP and demand an end to our corrupt family
courts and its war on fathers and children.
www.OttawaMensCentre.com
.Wake up ?
Its time for every Canadian Father, every sister, mother, aunt, grandmother
daughter of a father to stand up and demand that Children have a right to a
Legal Presumption of Equal Parenting.
Canadian Family Courts are run with less legal rights than a Libyan Military
Court. Its time for that to change.
We need a real police for the judiciary to deal with the criminal dead beat
judges who flagrantly and openly make corrupt decisions for their friends.
We also need a legal presumption of equal parenting and its time for Every
Canadian to speak to their MP and demand an end to our corrupt family courts
and its war on fathers and children.
www.OttawaMensCentre.com
Richard Pound is stating the obvious, its the kind of article that wins
marks at essay writing but a reader struggles to stay awake and or remember
what it was he was rambling about..
The Governor General challenged law schools "to look more broadly at their
“ethical sensibility and depth,” personal relationships, wisdom, judgment
and leadership. He would also ensure “a broad and extensive focus on ethics
in law school.”
It's the Governor's general ability to accurately state the issue that
perhaps Richard W. Pound should learn how to do.