I sometimes wonder what has happened to the rule of law in this country and, indeed, in the one next door. I wonder, too, if the era of populism we now live in is a factor in a dilution of respect for the law and the reluctance of governments to do much about it.
There was an interesting article in the Toronto Star this week about the acute shortage of Superior Court Judges in Ontario. These are federal judges appointed by the Government of Canada.
According to the Star story, in Toronto’s Superior Court of Justice, at least seven criminal cases have collapsed over “chronically unfilled judge positions” since December of 2023.
These include two cases of child sexual abuse, human trafficking, charges of gun possession linked to a fatal shooting, and an assault and sexual assault case. All of these cases have been thrown out and the accused are back on the street because the judicial system could not deal with them within the time required by law.
The Star story includes a quote from Penny Collenette, who served as director of appointments in Prime Minister Jean Chretien’s office: “We’re into year nine of this government, we’ve been through three justice ministers, and still we have delays. That, to me, is extremely concerning and incomprehensible.”
Even the Chief Justice of Canada sounded the alarm, writing to the Prime Minister last year and warning him that the scenario in Toronto would happen (elsewhere) if the government did not move quickly. “These delays in appointments send a message that this is simply not a priority for the government,” he wrote.
According to the Star, at least twenty judicial vacancies exist in the Ontario Superior Court of Justice. So, the question quite clearly is, “What’s the holdup?” Surely, it can’t be because the federal government is having trouble finding “like-minded” judges. I seem to remember that being a problem for another government not too long ago!
There is also an issue with our bail system. Canada’s bail system is the joint responsibility of federal, provincial, and territorial governments. Bail has been too easy to get for people charged with violent crimes. Getting back on the street has been relatively easy for them, often without conditions or monitoring devices. As a result, crimes have been repeated, and people have been killed by individuals who were out on bail.
To their credit, the Trudeau government listened to the provinces and the police communities, which have strongly advocated for bail reform. They brought forward Bill C-48, which was proclaimed this January, and somewhat tightened bail requirements. However, it did not address all of the issues required for genuine bail reform.
Therefore, the question remains as to how much good Bill C-48 will actually do and whether judges and justices, primarily at the provincial level, will continue to promote a progressive stance when it comes to granting bail that may not always be in the public interest.
Against the backdrop of an overextended and less-than-perfect judicial system, let’s take a hard look at what is happening across our country right now.
Hate speech is alive and well in Canada, much more so than I can ever remember. Tragically, it appears to be largely tolerated.
In the United States, it is quickly heading out of control, with post-secondary institutions being mobbed to the extent that many of them cannot hold classes, exams, and graduation ceremonies.
Here in Canada, demonstrations have not yet reached that level, but they are on a path that promotes hate and antisemitism. It is ugly, it is frightening, and it is illegal.
In Ottawa last week, the leader of a so-called Pro-Palestine demonstration bellowed this: “October 7 is proof that we are almost free. Long live October 7. Long live the resistance.” If that is not hate speech, I don’t know what is.
October 7, you will remember, marks the Hamas terrorist attack on Israel, killing many, sexually assaulting others, massacring children, and taking hundreds of hostages, most of whom are still in captivity.
Pro-Palestine crowds blocked the British Columbia Legislature this past week, shouting antisemitic slogans, hating Jews, and defending Hamas terrorists.
In Toronto, these demonstrations disrupt traffic almost daily.
In Montreal, students at McGill University have set up an “indefinite” Pro-Palestinian encampment on campus.
This weekend, Pro-Palestinian protesters paraded in front of the private home of Canada’s Justice Minister well into the night, causing disruption in the neighborhood.
There have been demonstrations from Newfoundland to British Columbia under Palestinian and Hezbollah flags.
When is this going to stop? There are those who argue that these are legitimate demonstrations whose sole purpose is to raise awareness about the tragic consequences of war in the Gaza Strip. I respectfully disagree.
As one commentator said on social media, when they wear Hamas shirts, when they wave Hezbollah flags, when they chant genocidal slogans, when they call for an Intifada, when they call for murdering Jews, the Pro-Palestine or Free Palestine movement amounts to nothing more than a death cult.
No doubt, there are people who attend these demonstrations out of a genuine concern for innocent Palestinians who are caught in this war, but I believe they are well in the minority.
What we mainly see are protesters who promote the eradication of Jews, who vandalize synagogues and other private property, and who support not the Palestinians but Hamas. There is also little doubt in my mind that professional activists who could care less about Palestinians have also hooked their teeth into these rallies to promote civil unrest.
These demonstrations are nothing more than hate crimes. They are antisemitic in nature. They promote violence and support terrorism. They make Jewish Canadians fear for their safety, and they cause Muslim Canadians to be looked at in an unfavorable light.
These are hate crimes at the highest level, and hate crimes in Canada are illegal. Why are they not being shut down? Is it because politicians are afraid to step in as on one side or the other, they could lose votes?
In my view, this is one instance where they can’t suck and blow at the same time. They either support stopping these clear crimes of hate or, no matter what words come out of their mouths, implicitly support them.
It is my view that this is a clear example of where the rule of law is letting us down. People who promote hate and the destruction of a part of humanity should be arrested, tried, and jailed.
Critics will say you can’t do that. There are too many of them, the police can’t handle them, and maybe they have a right to do what they are doing.
To all of that, I say codswallop. As for enforcement, remember when the then Mayor of Toronto called in the Army to clear streets after a snowstorm? If he could do that, and if local police forces cannot adequately control these Canada-wide hate demonstrations, then surely Prime Minister Trudeau could send in the RCMP or even military personnel to do the job.
There is nothing wrong with peaceful demonstrations. These are not. They are antisemitic, hate-filled rallies that promote violence and terrorism. There is a great deal wrong with that. As long as we allow them to continue, we are simply making a mockery out of the rule of law.
And that will have dire consequences.
Hugh Mackenzie
Hugh Mackenzie has held elected office as a trustee on the Muskoka Board of Education, a Huntsville councillor, a District councillor, and mayor of Huntsville. He has also served as chairman of the District of Muskoka and as chief of staff to former premier of Ontario, Frank Miller.
Hugh has also served on a number of provincial, federal and local boards, including chair of the Ontario Health Disciplines Board, vice-chair of the Ontario Family Health Network, vice-chair of the Ontario Election Finance Commission, and board member of Roy Thomson Hall, the National Theatre School of Canada, and the Anglican Church of Canada. Locally, he has served as president of the Huntsville Rotary Club, chair of Huntsville District Memorial Hospital, chair of the Huntsville Hospital Foundation, president of Huntsville Festival of the Arts, and board member of Community Living Huntsville.
In business, Hugh Mackenzie has a background in radio and newspaper publishing. He was also a founding partner and CEO of Enterprise Canada, a national public affairs and strategic communications firm established in 1986.
Currently, Hugh is president of C3 Digital Media Inc., the parent company of Doppler Online, and he enjoys writing commentary for Huntsville Doppler.
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Leon Kushner says
Hugh, as a proud Jewish father, grandfather and son of Holocaust survivors, I am beyond disgusted with the vile and open antisemitism we all see daily all over the world including in my own backyard in Toronto.
If people are upset with seeing Palestinians suffer in Gaza they must direct their ire at Hamas and the many people who support Hamas.
As a student of history, what I see unfolding all around us looks uncannily similar to what one saw in Germany in the early 1930’s prior to WWII and the Holocaust. For those of us who I assume to be the silent majority, now is not the time to be silent. It’s never a good time.
I must applaud your courage and moral clarity, Hugh, for stating the obvious. Our government and our citizens must uphold the law at once. We both know that had any similar demonstrations against Black people occurred, all hell would be unleashed and the demonstrators would be arrested immediately. I chose Black people as an example but any other group other than the Jewish community would demand the same response.
I am also encouraged by many of my Gentile friends who share my disgust of these protestors and the support they often receive by our politicians who at best look the other way.