Thursday, September 30, 2021

SANCTITY OF THE RULE OF LAW...

 

UPDATE:  How coincidental, an article appeared in our Ottawa Sun today which touches grately on this Blog...a Justice of the Peace here in Ottawa was censured for writing a newspaper column about Ottawa's Bail Court.  The Ontario Divisional Court ruled correctly that her doing so was a "breach of her judicial independence".  In other words, what her personal view of the Law - as a member of the Judiciary matters not and she needs to keep those thoughts to herself.  KDG

I HAVE BEEN PREACHING OF LATE THE IMPORTANCE OF POLITICIANS RESPECTING THE RULE OF LAW...IN OTHER WORDS TO KEEP AWAY FROM INTERFERING WITH ITS OPERATION.

WELL THERE ARE EXCEPTIONS TO THAT RULE... SO LET'S CALL THIS BLOG 'AN EXCEPTION TO THAT RULE'.

CASE IN POINT...A Few Days Ago, Cop Killer - Umar Zameer was Granted Bail in the Deliberate Death of Constable Jeffrey Northrup a 31 year veteran of the Toronto Police Force.  I am not going to get into the facts other than to simply say Zameer ran Const. Northrup down with his car.

His lawyer issued a statement saying that Zameer's family was "very pleased with the outcome" of the bail hearing.  I wonder though if the deceased Police Officer's Family was equally so "pleased".

The President of the Police Union made it very clear as to his thoughts: "it was appalling that we have an individual that's charged with first-degree murder, let alone the murder of a police officer, released on bail".  Amen to that.

But my Blog is speaking of the Exception to the Rule of Law that allows Politicians and not Union Leaders to similarly express their disgust in the face of a travesty by Justice itself.  

And to the credit of the Mayor of Toronto - His Worship John Tory, albeit an avowed Progressive, he came out strongly and had this to say about the Court's Decision to Release this Killer: "Our Justice System needs to get its act together and start putting victims and their families ahead of criminals".  And although not said by Tory and true nonetheless ... His Honour's Statement applies doubly in cases involving the killing of a Cop. 

Mayor Tory's revulsion was backed up by Premier Ford who had this to say: "This is beyond comprehension. It's completely unacceptable that the person charged for this heinous crime is now out on bail".

Okay ...you might ask, why is wrong Trudeau to try to influence the Scales of Justice when it comes to his friends at SNC Lavalin but it is okay for the Mayor of Toronto and the Ontario Premier to come out and criticize the Court for granting bail in the case of Constable Northrup killing?  Should the Judicial System not be crying Political Interference as it has sadly done too often in the past?

That said, I would have liked to provide you with some info on who exactly this 31 year old Zameer is but due to the Court's publication ban there is nothing to be found on the Web.  Pity.  Seems to me though that the Defence is fearful of having the spotlight focused on their defendant and it makes one wonder why?

So I am going to come at this from the Policeman angle and more to the point from the Thin Blue Line. 

This phrase, it is said, came from Richard Enright in 1922 - the year my father was born...Enright was a New York City Police Commissioner who used the phrase to describe police as the intensive battle line...the first line of defence against criminality.  It has come to mean that the police are the line which keeps society from descending into chaos...and the "blue" refers to the colour of the uniforms worn in most police departments. 

With that bit of information...let's look then at who Constable Jeffrey Northrup was and how he exemplified his fellows who make up that LINE:

  • Constable Northrup started in 1989 as a court officer before graduating from police college in 1999 and heading to 11 Division and then to 52 Division in 2008;
  • Jeffrey Northrup was married with four children who were the love of his shortened life. He was a devoted father who was deeply involved in his children's activities and sports... was a volunteer for the Special Olympics and active in Scouts and Lacrosse;
  • Master of ceremonies at his funeral,  Supt. Peter Code, told the amassed mourners that, to fellow officers, the 31-year veteran from 52 Division was "the hardest of all workers" who would take on any task. Northrup was always the first to arrive for a job", Code said. "And he would do it with a smile," he said;
  • Premier Ford, also in attendance, offered his condolences to the Northrup family, saying the Officer made the "ultimate sacrifice in the line of duty".  "He did so as a hero. He put his life on the line in order to serve and protect his community, and this is a debt we will never be able to repay;"
  • Toronto Mayor followed by praising Northrup for "his years of hard work and his deep commitment to public service";
  • Police Services Board Chair Jim Hart called Constable Northrup a "giant in stature and heart who was known for his wisdom, wit and kind character".  "He tragically gave his life doing what he truly and sincerely loved doing serving and protecting his community";
  • His wife, Margaret, summed up the funeral service with the following:  "I am so grateful to have had you in my life for 28 years. You were my knight, my strength, my confidant, and my best friend … I am lost without you. However, I will remain strong with you still in my heart, and by my side"... "Goodbye, my love."
Okay, I believe I have established the Tragedy in Constable Northrup's premature death and how it would undoubtedly qualify as An Exception To The Rule Of Law where Politicians should rightfully interfere with its Operation and why Trudeau's attempt to distort Justice to protect his Friends and Cronies from the Business World should not.  But neither case provides us with a Definition as to when Interference on their part is justified.    

Well in fact there is no such definition available.  Indeed, it comes down to a Judgment Call on the part part of Politicians given that they are both the Peoples' Representatives and that they are the Authors of the Law in the first place. With those Two Roles they have a Sacred Duty to get involved if they see the Courts flagrantly violating the Right, Interests and Norms of Society.  This has become ever more important in recent years as the Courts have ventured into Making Laws rather than simply Interpreting them.  

As I See It...

'K. D. Galagher'