Tuesday, July 31, 2018
There are many who feel the United States is the luckiest nation in modern history. Blessed by benign geography, the distractions of European powers during the nation’s infancy, an abundance of natural resources and the geopolitical latitude to stumble often in establishing a workable democracy, the US can hardly deny its good fortune.
One of the most significant advantages enjoyed by the US is its long peaceful northern border with Canada. While the two nations have mostly acted in concert with each other and developed common objectives toward the rest of the world, there have been bumps in the road.
One large bump might be Donald Trump. His foolish behaviour toward Canada over the NAFTA treaty negotiated 20 years ago and his personal rudeness toward Canada’s charismatic premier Justin Trudeau have roiled the waters, but Trudeau and the Canadian government seem to be adopting the waiting game until Trump leaves or is voted out of office. So far it does not appear the brash American president is doing irreparable damage to a bilateral relationship still hugely important to both countries.
But while most Canadians will admit to at least a partial addiction to American television, music and sports - and are generally very well informed on American politics and international relations - Americans remain startlingly ignorant of their northern neighbour. The notion of taking advice from a Canadian would never cross the mind of most Americans.
Nevertheless, the US has much to learn from Canada and Canadians. One such person is Canadian Supreme Court Justice Rosalie Silberman Abella, a brilliant, articulate speaker and commentator who has closely studied the US Supreme Court and its justices. Abella is the child of Holocaust survivors and was appointed to the Ontario Court of Appeal in 1992 and to her current position on Canada’s highest court in 2004.
Appearing recently before a largely American audience in New York State, Abella spoke eloquently about the law, justice and democracy. Some of her remarks should serve as a template for America today. Though it is likely futile, one could even hope that Trump and his advisers might listen and take heed.
“The rule of law,” Abella said, “is the holy grail of democracy today. The rule of law provides protection against state power and against rule by whim. And justice is what laws are designed to promote.”
Abella said “democracy is so much more than merely elections. While democracy has its flaws and inconveniences, it remains the best system of governance man has devised. Still, it needs to be protected and nurtured. Part of that protection is a free press. But we should all actively promote the triumph of democracy and the rule of justice”.
Without naming Trump or even the callow Republican Party that so selfishly props him up, this distinguished Canadian jurist was clearly critical of them. It is precisely the rule of law that is supposed to protect Americans from state power and rule by whim, both eagerly if clumsily wielded by Trump.
Abella turned to human rights and civil liberties, and pointed to successful multiculturalism as the natural accommodation between the two principles. “Human rights,” she said, “means treating people as a group in need of state intervention. Civil liberties means treating everyone the same before the law and society.”
In Canada, she explained, the constitution appreciates that, for example, French and English speakers can be of equal worth and entitlement. “As has been shown in Canada, pluralism can be unifying. Canada is probably the most successful practitioner of multiculturalism in the world today.”
On American jurisprudence, Abella said the US legal system is in danger of ignoring 600 years of common law as it veers toward granting to public opinion a veto over justice. “Judges should not be elected as they are in the US, and they should only fearlessly interpret the law.”
Turning to recent history, Abella said the most important lesson of World War II is to prevent injustice. “When we are silent in the face of intolerance and injustice, intolerance wins. And unless we pay attention to intolerance, we will forfeit democracy.”
The lessons for contemporary America are clear. Perhaps a Canadian can lead the way to understanding.
Comments
Porcupine says...
How the descent of American politics, especially electing Trump, came about is fairly well understood. While it is still common to sell your vote here in The Bahamas for a few dollars, or to be a cheerleader for a party that promises the moon and then does the opposite, would it be a stretch to suggest that we should be concentrating on raising the level of democracy here at home by even the slightest degree such that we could have the moral authority to criticize others? As it stands now, The Bahamas seems incapable of governing its own affairs, let alone, commenting on others.
Posted 1 August 2018, 8:11 a.m. Suggest removal
DDK says...
Perhaps Canada should offer asylum to Julian Assange! No other country seems to have the necessary kahunas!
Posted 1 August 2018, 1:21 p.m. Suggest removal
Newyorkboy says...
The writer blithely forgets the extremely bad illegal immigration problem going on right now in Canada, and doesn't agree with the decision to re-negotiate the NAFTA folly which resulted in a distastrous drop in US employment, and since resulted in only 30% of the 'Maquiladoros' still being open in Mexico, as companies left for Asia as soon as the Mexicans started to ask for more money, as was pointed out before NAFTA by Ross Perot, branded a 'stupid' man. This 'stupid' man parlayed a $10,000 loan into a 15 Billion company. .
In addition, look at trade and investment..Over the past three years, foreign direct investment in Canada has decreased by 54 per cent, whereas Canadian investment abroad (especially in the U.S.) has increased by 36 per cent. This has been happening for a while in the resource industry, as investing in infrastructure becomes more and more complicated in Canada while it becomes easier in the United States. And this problem has now spread to other industries.
In fact, business capital expenditures are down 17 per cent in Canada since the end of 2014, while they are up four per cent in the U.S.over the same period, in constant dollars. This problem will undoubtedly become worse as uncertainty concerning trade will translate into more companies making the safe choice of investing in the U.S. instead of Canada. And the Canadian Mr Wynn has, on a smaller scale, decided to invest in New Providence rather than deal with the owners of Freeport, Hutchison-whampoa.
Posted 3 August 2018, 12:29 a.m. Suggest removal
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