BarTalk June 2000
Volume 12, Number 3

Battling attacks on the justice system

by Mayland McKimm

There is no question that one of the most important roles that we fulfill at the Canadian Bar Association is as the primary voice for both the profession and the justice system. We work tirelessly to respond immediately to all attacks on our members or on our system of justice.

Unwarranted personal attacks on judges or judicial decisions are becoming far too prevalent. What is particularly distressing however, is the source of these attacks. More and more often they are from people in public life and from people who ought to command the respect of the public.

Ill informed and irresponsible attacks on judges and judicial decisions have become a knee-jerk response in too many cases. We have also seen the rise of the police as advocates of a point of view. The police are to be independent agents who have an important role both in upholding the law as the Courts proclaim it and in fairly presenting the evidence. It has always been understood that the police have a fundamental duty and obligation to uphold the rule of law and to garner respect for the rule of law.

It is difficult to imagine that any of these critics thought out the long-term consequence of their attacks: undermining public respect for the rule of law. These critics seem to have a personal vision of the best way to ensure compliance with the law. At the center of their vision, however is the expectation that the public will obey the law. If there is a lack of respect for the rule of law, how can they begin to hope that the citizenry will strive to obey the law? The public will only obey a law and a system of justice that they respect, not one that is daily held up to scorn and ridicule by those purporting to be its advocates.

Two examples illustrate this attitude of ‘talk first think later’. In late January, Judge Weitzle dismissed certain marijuana cultivating charges because of the way the police had behaved in the execution of a search warrant. They were found to have entered a citizen’s property, conducted a search and then deliberately destroyed the citizen’s property. The learned Provincial Court Judge found that the actions of the police brought the administration of justice into disrepute and dismissed the charges.

The police, rather than look inward to see what might have gone wrong, immediately called for Judge Weitzel’s resignation. Shortly after a review of the facts and the evidence, the police withdrew their remarks and offered an apology.

Following the recent tragedy in Mission in the death of a young girl and subsequent arrest of a man recently released from custody, a Member of Parliament called for the resignation of Judge Antifaev for her alleged incompetence in her decision to release the accused. A review of the record makes it abundantly clear that there was no fault in the judgement of the Court. The tragedy may highlight larger social problems, but these are not problems that are solved – or solveable – within the role or jurisdiction of the justice system. Yet, it is that system which has taken the vocal initial attack.

If we are to continue to enjoy our position of respect among our clients, it is critically important that the public understands the value of the justice system. We all share this professional responsibility, and the CBABC is front and center in providing a voice when needed in defense of our justice system and the people who work within it.

If you see issues in the media that you would like us to respond to, let us know immediately – contact myself, any CBA elected member, or the CBABC office – and we will respond that day. That is our commitment to you, and a role we are proud to fulfill.

This article was published in the June 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.