Attacks on judiciary are cause for worry

As I sit at my computer to write this column, I am musing over the importance of our justice system and the huge role it plays in our lives.

We often take our justice system for granted here in this country and forget that, despite its many drawbacks and imperfections, our system is based on reason and impartiality.

This should afford anyone who finds themselves in front of a judge the hope of a fair trial based on the laws under which our system operates.

Our courts also serve as a filter through which we can challenge decisions and laws which we feel are unfair, including legislation and decisions passed by our elected representatives.

While this can be contentious for many who believe that our governments should be the highest authority because we elect them to make our laws, it ensures that they cannot ride roughshod over the rights of citizens and that decisions made must follow the law; if not, they are struck down and governments must then alter their policies to comply with the law or change the law itself.

We have had a couple of recent decisions which highlight the necessity for and frustrations with our system with varying reactions by the governments involved.

A court ruled recently to halt the development of a national pipeline when it found that the federal government had not fully consulted fully with First Nations groups as required by law.

This decision may have severe financial consequences and while the federal government says it intends to still build the pipeline, there appears to be respect for the decision and I suspect they will alter plans to comply with the law despite the costly delay.

Contrast this reaction with the ruling in Ontario this week which struck down Premier Doug Ford’s decision to slash the size of Toronto City Hall.

This policy change was not part of his platform during the recent election, came while people were already nominated and preparing for the upcoming civic election, and came with virtually no consultation with those involved.

Ford’s reaction is to state he will invoke the notwithstanding clause of the Canadian Constitution to override this decision that he doesn’t agree with.

This has never been done before in Ontario and seems to be a drastic overreaction to an issue that he could easily deal with during his tenure as premier if he follows the proper process.

What is most worrisome to me is the tone taken by Ford which has been reflected by some others who have launched an attack upon our judiciary.

It is clear by the rise of populism in parts of the world, including here in Canada, that there are people who aren’t happy with the changes occurring in our society and many of them see our courts as a target for their anger and frustrations.

This is a dangerous mindset to take; a free and functioning judiciary is one of the pillars of our democracy and once we start chipping away at the foundation, we run the risk of the entire structure crumbling.

I am no legal expert but I fear that if Ford is successful in using this clause to bypass a legal decision, it will embolden other political leaders to do the same whenever a legal ruling doesn’t agree with their political viewpoint; this is a slippery slope which leads all the way to the bottom.

We need only look to the United States to see how divisive things become when a president who is under investigation gets to nominate a Supreme Court judge who may eventually have to rule on his case.

The politicization of this process has created great turmoil and it is clear to all that the political leanings of the nominee are critical in the nomination process.

We can’t let that happen here in Canada. I don’t always agree with every court decision but I respect that those making these decisions are basing them on the law, not on their personal opinion or political leaning.

This gives me comfort in an increasingly turbulent world.