Law and democracy can’t be taken for granted - TheChronicleHerald.ca

Law and democracy can't be taken for granted

 
 

By ROBERT PATZELT,

Thu. Apr 24 - 5:43 AM

Last week, the Canadian Bar Association joined forces with Democracy 250 to celebrate law and democracy. The CBA has had Law Day since 1982 when the Canadian Charter of Rights and Freedom was proclaimed into law. It was a great week, with mock trials, legal information sessions, and poster and speech contests held all across Nova Scotia. This 250th celebration is a significant and worthy one.

We are truly fortunate in this province and country to not only be celebrating 250 years of the rule of law and democracy, but to also be the beneficiaries of them every day. One needs only to pick up the paper and read about human rights atrocities, miscarriages of justice, failing economies and the sort to realize how fortunate we really are.

But vigilance is required to keep and improve our legal and political systems. We need freedom of speech and freedom of the press. An independent judiciary is one of our cornerstones. We need committed citizens willing to serve in public. All of these and more are necessary and we must not take them for granted.

The celebrations and events of last week serve as a reminder to us all of the great things we have accomplished, the sacrifices made by our predecessors and the work we must continue. Nova Scotia has much to celebrate. Not only is this the 250th anniversary of representative government, we also had the rule of law firmly entrenched four years earlier with the establishment of the first court system in North America. We have had many other firsts: the first to use secret ballots (1759); the first policewoman (Rose Fortune of Annapolis, 1783); the first female Chief Justice in Canada (the Honourable Constance Glube, 1982); the first province to enact freedom of information legislation (FOIPOP, 1977); and the first black female mayor in North America (Daurene Lewis of Annapolis Royal, 1984-88).

Even some of our darker periods have led to improvements. The Donald Marshall Jr. inquiry resulted in a number of changes, including creating Canada's only prosecution agency that operates independently of government; and we have led in making improvements in judicial accountability, including a confidential assessment of justices and one of the first media liaison committees.

In 1835, Joe Howe defended himself in a speech lasting six hours and 15 minutes, and asked the jurors "to leave an unshackled press as a legacy to [our] children." Danny Cavanagh, in his April 19 opinion piece, asked the question, "Is democracy alive in Nova Scotia?" He, too, is a beneficiary of our heritage – the freedom of the press. We can publish without censorship or fear of being charged with sedition or treason. Whether you agree with someone or not, you are entitled to express it. As Voltaire stated, "I disapprove of what you say, but I will defend to the death your right to say it."

Mr. Cavanagh raised some interesting political issues. Again, we have the ability to raise them, to have them considered, perhaps made into legislation or even prevented from being made into law. This is all part of law and democracy. It is a balancing of interests. It is not perfect. Churchill said, "Democracy is the absolute worst form of government, except for all the others." He is correct. Democracy is difficult. It requires work; in fact, it requires daily vigilance by all citizens.

Are law and democracy worth celebrating? Yes. Former premiers John Hamm and Russell MacLellan continue to serve their province as co-chairs of Democracy 250. Is it worth spending money on engaging young people to vote, in increasing our understanding of democracy, the freedom to assemble and to speak freely, and even the right to protest? Yes, again.

I won the lottery the day I was born in Canada. Only three of my relatives chose to leave East Germany when the communists came in. My parents emigrated to Canada. I wake up every day in a great province and nation where my children can walk to school without dodging bullets. A place where you do not have to worry about being dragged from your house if you espouse views that are unpopular or contrary to the ruling party's. I proudly make my living as a lawyer and businessman in a place so wealthy that health care (albeit challenged) is a given, and where I even have enough time at the end of a day to contribute back.

This is a great province and great country, and we must continue to work for it. But a little celebration is also in order.

Robert Patzelt, QC, lives in Halifax.

 
 

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