Toronto Star

Justice delivers call to action

Supreme Court judge tells U.S. students that justice is increasing­ly under threat

- TONDA MACCHARLES OTTAWA BUREAU

OTTAWA— A Supreme Court of Canada judge told an American audience she is “deeply worried about the state of justice in the world.”

Justice Rosalie Abella delivered a commenceme­nt speech, after accepting an honorary degree from Brandeis University in Massachuse­tts, that was part-biography, part call to action.

In it, she suggested that the lessons of the Second World War are being lost in a world where “narcissist­ic populism” and disregard for human rights, courts, free press and democratic norms are increasing­ly common.

Abella said the lessons of that “devastatin­g war” once inspired nations of the world “to unite in democratic solidarity” and commit “institutio­nally and legally to the promotion and protection of values designed to prevent a repetition of the war’s unimaginab­le human rights abuses.”

“Yet here we are in 2017, barely seven decades later, watching ‘never again’ turn into ‘again and again,’ and watching that wonderful democratic consensus fragment, shattered by narcissist­ic populism, an unhealthy tolerance for intoleranc­e, a cavalier indifferen­ce to equality, a deliberate amnesia about the instrument­s and values of democracy that are no less crucial than elections, and a shocking disrespect for the borders between power and its independen­t adjudicato­rs like the press and the

“Indifferen­ce is injustice’s incubator; it’s not just what you stand for, it’s what you stand up for.” JUSTICE ROSALIE ABELLA SUPREME COURT OF CANADA

courts.”

Abella made no reference to specific world events, countries or leaders who she believes are eroding those norms.

But it could easily be understood as a concern about the direction the United States is headed under President Donald Trump, who has disparaged courts, the judiciary, the media and his political critics, and a broader criticism of ongoing conflicts in troubled states in Africa, the Middle East, Europe and Asia, and the internatio­nal community’s failure to resolve them.

It’s the second time this year the Canadian judge has been honoured by an American university. In January, Northweste­rn University of Chicago named her global jurist of the year, to recognize what it said was a lifetime commitment to the defence of human rights and internatio­nal criminal justice.

The speech, delivered Sunday at Brandeis’s Waltham, Mass., campus, outlined the personal losses of Abella’s parents, their journey to re-establish themselves, and the words of American lawyers who once wrote letters of encouragem­ent to her father. She urged her listeners to fight for social justice to protect the vulnerable.

“It is time to remind ourselves why we developed such a passionate and, we thought, unshakeabl­e commitment to democracy and human rights, to remember the three lessons we were supposed to have learned from the concentrat­ion camps of Europe: Indifferen­ce is injustice’s incubator; it’s not just what you stand for, it’s what you stand up for; and we can never forget how the world looks to those who are vulnerable.”

Abella has frequently spoken of her parents’ survival of the Holocaust and the deaths of their 2-year-old son, her father’s parents and other family members. She was born in Stuttgart, Germany, right after the war in a displaced persons camp. The family later immigrated to Canada.

Appointed in 2004, the first Jewish woman Supreme Court justice said her father inspired her decision, at age 4, to become a lawyer after she learned he was unable to pursue the career he’d trained for because of laws barring non-citizens from legal practice.

 ?? MICHAEL LOVETT/BRANDEIS UNIVERSITY ?? Supreme Court of Canada Justice Rosalie Abella delivered a powerful commenceme­nt speech at Brandeis University on Sunday.
MICHAEL LOVETT/BRANDEIS UNIVERSITY Supreme Court of Canada Justice Rosalie Abella delivered a powerful commenceme­nt speech at Brandeis University on Sunday.

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