Montreal, Friday, September 29, 2006
CHECK AGAINST DELIVERY
I recently read through some of the thoughts penned by philosophy professor Guy Brouillet, who wrote: "[translation] Democracy is a political system whose primary goal is to ensure the security of each of its members through respect for the rule of law." He added that "[translation] the degree of democratic health depends on the quality of the freedoms practised therein."
These words encompass my own concerns, and I wanted to begin by sharing them with you.
The essence of democracy is the State's recognition of the existence of citizens and of their rights. It rejects the commonality of interests, one-sided situations and discussions. It should never be limited to a struggle for material freedom; rather, it should include moral freedom, the freedom to think and act for the greater good.
We can see how the terms justice and democracy go hand in hand, if you'll pardon the expression.
In this great country of ours, where the concept of "good government" holds such iconic status, we have developed a unique system of justice, one that is well‑adapted to the particular nature of our country.
At first glance, Canada's system might seem unwieldy, but it certainly works effectively and efficiently, for the benefit of the vast majority of Canadians.
I realize that some of you in this roomexperts one and all, and people with the most profound knowledge of, and respect for, our system of lawsmight think the term "unwieldy" too harsh, or, at the very least, an exaggeration.
But I have tried to consider how things look to the layperson and took a look back over our legal history to get a better idea of the big picture.
It began with a legal system based on European law, that of New France, which, according to Louis XIV, was subject to the laws of the Île-de-France.
In 1763, France transferred the territory to England. Then, in 1774, the Quebec Act guaranteed the place of the French civil law in Canada on the same footing as the newly introduced English system.
As a result, we now have a system of laws in this country where Quebec is governed by both a civil code and a code of civil procedure and is influenced to some extent by English law.
At the same time, the other provinces chose to use the English common law system.
Of course, and you would know this better than anyone, even that is not as straightforward as it might seem, since our laws are now subject to the Canadian Charter of Rights and Freedoms, an important instrument that was itself influenced at the outset by both the American Bill of Rights and British legal traditions.
Don't worry, I'll leave it at that. I'm not about to give you a history lesson on something you already know inside and out
and that you may want to forget about over lunch.
And yet some commentators have shaken their heads at such a jumble, and indeed I often hear about opinion-makers who complain that the Charter of Rights, "goes too far," and that Canada is now a hostage of the often maligned, though seldom identified, "special interests."
But the fact is, overall our system seems to work very well.
Take Section 33 of the Charter of Rights, the well-known "Notwithstanding" Clause that allows legislatures to pass laws to override key sections of the Charter. Since the adoption of the Charter of Rights over 24 years ago, the Notwithstanding Clause has been invoked on very rare occasions.
Another illustration of how well our system of laws functions is the fact that Canadian judicial decisions have been cited in British cases.
And finally, and perhaps most importantly, how well our system works can be seen in our society, which is prosperous, free, peaceful and law-abiding.
And that is quite an achievement when you consider that there are numerous potential sources of division in this country, including ethnic background, religion, regional attachment, age, language, gender, sexual orientation, and income level.
Naturally, I recognize that no system of laws is perfect, and even with the best system errors can occur. For example, those guilty of crimes have evaded prison sentences, while the innocent have sometimes been wrongly convicted.
However, the underlying strength of the Canadian system comes from its flexibility and its ability to adapt to new realities.
As an illustration, take two high‑profile examples: the Hepatitis C victims, and Mr. Maher Arar.
In both cases, people suffered grave injustices as a result of events that were beyond their control.
In both cases, the victims were originally treated unfairly.
In both cases, the victims had few resources with which to pursue justice and few if any opportunities to influence senior decision-makers.
However, the difference between Canada and many other countries is that eventually, others did take up these causes.
Citizens, politicians, the media, lawyers willing to work for little or no money, others who came forward to give their time and energy to right a wrong.
Cumulatively, these efforts led to results. Eventually, the government of the day set up commissions of inquiry, the Krever Inquiry in the case of the Hep C victims, and the Arar Commission to investigate Mr. Arar's case.
We have many vibrant institutions in this country that help safeguard the rule of law, including Parliament, the media, the Office of the Auditor General, various ombudsmen, the courts, various NGOs, and others.
Of course, we must do much, much more to ensure that all Canadians have equal and timely access to justice.
In my other life, I had the opportunity to meet with and work with numerous members of vulnerable communities.
It is a dialogue I have continued to pursue as governor general.
Over the years, I have met women who were victims of domestic abuse, homeless people, people struggling with addiction, disadvantaged Aboriginal youth living in inner city misery, refugees awaiting status, immigrants, and many more.
I can tell you that the vast majority of these people have little sense of what their rights are or how to take the first step toward exercising their rights.
Often, they are people who are unfamiliar with our institutions and find themselves isolated.
It is therefore imperative that we as a society take concrete steps to ensure that these people gain full access to justice.
After all, Canadian society is not held together by age‑old traditions or by a common language or religion or ethnic origin. Unlike other countries, we are held together by our shared core values.
From this perspective, Canada is a new source of strength, especially in this new era of global migration and growing cultural diversity.
In fact, the face of Canada is changing. For example, according to certain projections, there could be between 6 and nearly 9 million visible minority persons living in Canada in 2017, compared to about 4 million in 2001.
And it will not be long before Aboriginal Canadians make up the majority in some provinces, such as Saskatchewan.
Clearly, such demographic changes will have a profound impact on Canada, and our legal system will have to take these changes into account, just as it had to evolve to reflect women's demands.
In order to successfully adapt to these changes, it is crucial that Canada clearly set out what we feel are our core values and ensure that all Canadians uphold them. At the same time, we must ensure that new arrivals adhere to these values, which define what it means to be Canadian.
Core values like democracy, the rule of law, social equity, as expressed through our social programs, equality of all citizens, as embodied in Section 15 of the Charter of Rights, and equality of opportunity, one of the guiding principles of Canadian society.
We must deal with the various societal challenges that confront different groups in this country, because it is difficult to have a hand in building a bright future when you are worried about the present, when you can barely make ends meet, when you do not have decent housing, when you are sick and without resources, when you are alone and in need. We cannot remain indifferent to all of these people.
We must do the impossible to ensure that they and other vulnerable groups have full access to justice. We must build bridges to these groups and help them get across.
When I first became governor general, the motto I chose was Briser les solitudes, meaning "breaking down solitudes." It was a way to draw attention to the many solitudes prevailing in our society today.
Even the solitudes of young offenders in detention centres, like the ones I met at Bordeaux during my first official visit to Quebec as governor general. They had invited me to participate in a very unique radio show, which they produce weekly and which is broadcast outside the prison. This is the way they chose to express their willingness to reintegrate into society as productive citizens. We should not ignore their message.
This breaking down of solitudes requires a raised awareness, one I hope for with all of my heart. This first year of my mandate has allowed me to see just how strong this country is, which it has been my privilege to visit from coast to coast to coast.
Everywhere I went, I saw and heard women, men and youth, on committees and as part of associations, refusing to back down, determined to find solutions, to support and help others, to restore confidence.
I would like to pay tribute to them and to tell you that they are the reason why I am so optimistic. We should not underestimate the power of those actions, the little things that speak to a great spirit of brotherhood and humanize our world.
It is incumbent upon all of us, indeed it is our duty, to work with them to break down the solitudes that separate English and French; Aboriginal Canadians from those who arrived after them; the young and the old; established communities and New Canadians who are enriching our society through their knowledge and cultural heritage.
We have already shown the world that it is possible for people from many different religious, linguistic and cultural backgrounds to live side by side in peace and respect.
The world holds us up as an example. In the concert of nations, we have come to embody a very inspiring vision. But we can do even better by choosing to live not only "side by side," with every man for himself, but also together, in one united community of spirit.
Ladies and gentlemen, it is an honour to proclaim before you that justice must form the very heart of that community.
Thank you.
