Does Canada Still Have a Rule of Law?

Does Canada Still Have a Rule of Law?

Joshua Blakeney


January 14th, 2009




Canada advertises itself as a liberal-democracy. While democracy, liberalism and capitalism are disparate concepts the three are often (mistakenly in my view) held to be synonymous with one another. One of the core tenets of liberalism – which distinguishes it from more reactionary theoretical frameworks – is an emphasis on citizens' equality under the law regardless of ethnicity, religion, status, or affluence. While liberals don't typically argue for economic equality they are generally advocates for political and legal equality. It is my contention that Canada no longer lives up to, or abides by, the liberal concept of equality under the law. I would like to prove this by contrasting the treatment of the credibly accused war criminal George W. Bush with the treatment of the Mohawk activist Splitting the Sky by the Canadian government.

On March 17th, 2009 George W. Bush visited Calgary, AB, Canada for a speaking engagement for which he was paid a vast sum of money. This was his first visit to a foreign country as a private citizen. As a private citizen he was theoretically stripped of any diplomatic immunity. Lawyers Against the War informed the Canadian government that: “first, the Minister of Immigration is legally bound to prevent Bush’s entry into Canada at any time and for any reason; second, if Bush enters Canada, the Attorney General of Canada must prosecute him for torture or provide consent to private prosecution.”1 The Canadian government allowed Bush to enter Canada with impunity. Canada's judiciary remained silent also.

The Canadian state's unambiguous message that certain individuals are above the rule of law represented a betrayal of the liberal concept of equality under the law. Ordinary citizens were left to contemplate the implications of the Canadian governments' politically motivated malfeasance. My friend and comrade, Splitting the Sky, in consultation with his former lawyer Ramsay Clark (who is the former Attorney General of the United States) and on the advice of Lawyers Against the War's Gale Davidson, resolved to implement the law by attempting a citizens arrest on the credibly accused war criminal George W. Bush.
The Calgary police – with disregard for the spirit of the Nuremberg Principles - “followed orders” and protected Bush in collaboration with Bush's black-clad private police force who stood on the buildings above our protest armed with machine-guns. Nevertheless, Splitting the Sky asked the police to move out of his way so he could enter the building in which Bush was speaking and arrest him for Crimes Against Humanity and War Crimes as defined by Canada's own Crimes Against Humanity and War Crimes Act. Rather than arresting Bush, the police arrested my friend Splitting the Sky for obstructing a police officer. He stands trial in March 2010.2 Who was obstructing who?

Incidentally the Crimes Against Humanity and War Crimes Act has been invoked liberally against comparatively small scale genocidaires from Rwanda in recent times in Canada.3 This double standard, in my view, epitomizes the hypocrisy which has become entrenched, legitimated and normalized through government and media disinformation campaigns since the disputed events of 9/11.4 Canada is trying to hold itself up as a beacon of justice for the world by prosecuting Hutu leaders who reside in Canada while allowing another far more heinous war criminal enjoy impunity and immunity from law because it would be politically inexpedient to apply the law fairly.

Bush has been back to Canada three times since his March 17th sojourn. This clearly shows that the current Canadian regime (unlike more proactive states with comparatively independent judiciaries such as Spain) holds utter contempt for the rule of law. Is it to be the case that those who murder one person are prosecuted in Canada but those who murder (at low estimates) 600,0005 innocent civilians are afforded impunity?


Joshua Blakeney is Media Coordinator of Globalization Studies at the University of Lethbridge,AB, Canada.


Bibliography
Ahmed, Nafeez. The War on Truth: 9/11 Disinformation, and the Anatomy of Terrorism. USA: Olive Branch Press, 2005.

Bernham, Gilbert et al. “The Human Cost of the War in Iraq.” Bloomburg School of Public Health, Johns Hopkings Univerity, 2006. http://www.hearthealingherbs.com/sog/media/Wars/Iraq/Human_Cost_of_...

Blakeney, Joshua “Bush versus Galloway: Who is a Threat to Canada's Security?” Centre for Research on Globalization, March 23rd 2009. http://www.globalresearch.ca/index.php? context=va&aid=12877

Dicker, Richard and Stoyles, Jayne. “A war-crimes trial that set a precedent before its verdict.” Globe and Mail, May 21st, 2009. http://www.theglobeandmail.com/news/opinions/a-war-crimes-trial-tha...

Ravensbergen, Jan. “Controversial 9/11 truth activist to speak in Montreal tonight: Splitting the Sky jailed in 2009 for trying to arrest 'war criminal' George W. Bush.” Montreal Gazette, December 5th 2009. http://www.montrealgazette.com/news/Controversial+activist+speak+Mo...