In my Report to the last Annual Meeting, I stated three broad objectives for the previous year:

(1) The first was to create special positions to carry out specific programs on an ongoing basis, in a manner analogous to the conduct of our International Program under the direction of Justice Michèle Rivet. This objective was achieved.

International Program: We will receive a separate report on this as the next agenda item. However, I do wish to pay tribute to the outstanding leadership displayed by Justice Rivet in putting together such an effective team and involving so many Canadian judges in so meaningful a way. Many judges appointed under former communist or other totalitarian regimes must struggle to understand the true meaning of the Rule of Law and Judicial Independence. The participation of Canadian judges contributes greatly to the “empowerment” of the judiciary in such countries. In this respect, ICJ Canada has made a significant contribution to judicial independence on an international scale. Our July 2004 Newsletter contains a detailed description of many of the activities of our international program.

Law School Liaison: Professor Daniel Gervais was active last Fall in helping to co-ordinate the visit of Judge Radmila Dicic. As the Law School Liaison Representative, Professor Gervais is responsible for having in place a professor in each law school to act on behalf of ICJ Canada. So, for example, when Judge Dicic was in Montreal, Professor Armand de Mestral arranged for her to speak at the McGill Law School. Professor Gervais has been on sabbatical leave for the last six months, which inhibited the completion of the roster of law school representatives. However, that work is now underway once more.

Correspondent: David Aaron of Vancouver continues to monitor threats to the Rule of Law, Judicial Independence, and Human Rights internationally. He then recommends situations where ICJ Canada should lend its moral support and follows up by drafting correspondence. A number of letters were written last year, most notably in relation to the murder of Canadian journalist Zahra Kazemi by Iranian officials. We are but one voice in condemning such injustice, but a strong one because of the stature of our members. When joined with other voices, including the Canadian Government in the case of Iran, we can have influence. I might add that the ICJ Office in Geneva has complimented us on the high quality of David’s correspondence.

Webmaster: This correspondence and other news items related to the goals of ICJ Canada are published on our Web Site by Professor Ken Norman of Saskatoon. In addition to the Members of the Executive and other Representatives, we now publish the names of all of our Council Members. This impressive list of up to 50 persons includes a brief biographical note for each, often indicating a significant professional contribution to the Rule of Law, Judicial Independence, and Human Rights.

We also established a new category of Council Member Emeritus to recognize former Council Members who have made a significant contribution to the goals of ICJ Canada. This initiative was undertaken by me simply as a prerogative of the President but with the encouragement of members of the Executive. I will now be consulting with Council Members with a view to establishing a policy to govern future appointments. Last year, Bertha Wilson, Ken Lysyk, Donat Pharand, and Ted McWhinney became the first appointees. This year, Walter Tarnopolsky and Mark MacGuigan were added. The contributions of these individuals to our organization and its objectives are self-evident.

External Affairs Representative: Allan McChesney continues to keep the Executive informed by monitoring developments in the NGO human rights community, Foreign Affairs, and CIDA.

(2) The second general objective was to strengthen our Administration. Our Executive Director basically is available one day per week and we attempted to put in place an assistant for at least a second day. Unfortunately, the person we hired did not work out, and we were left with additional overhead expenses for her but without much help. We recently conducted an extensive review of our administrative needs and services and have hired another assistant. A number of specific objectives have been identified, such as tightening up membership renewals, moving some administrative tasks to volunteer members, and greater scrutiny of our finances on an ongoing basis. I hope to be in a position to report more positive results at next year’s meeting.

(3) The third objective was to delegate greater responsibility to our Regional Vice-Presidents to encourage local initiatives for activities and membership recruitment. All appointments and re-appointments to the Council are now made in consultation with the Regional Vice-President for the region involved. In addition to the local functions already referred to in Montreal, Judge Dicic was also the focus for events in Ottawa, Calgary, and Banff. The local ICJ community in Vancouver, under Vice-President Bertie McClean, hosted a reception and heard an address by Justice Ian Binnie. Justice Binnie also spoke during a highly successful visit to Halifax organized by Vice-President Moira McConnell of Dalhousie, with the support of Council Member and Chief Justice of Nova Scotia, Connie Glube.

These local events are helpful in stimulating local interest in international issues and generating further activity. In Vancouver, for example, some preliminary interest has been expressed in having B.C. initiate a judicial training program in Southeast Asia. Of course, all of ICJ Canada would have to support such a project, but it only takes a small group to “get the ball rolling.”

Vice-Presidents Ron Atkey of Ontario and Bob Richards of the Prairies have undertaken another important initiative. Together with Simon Potter of Montreal, they have formed a “Bar Committee” with Ron as Chair. This Committee will explore the following issues:

1. Membership: Our Council membership breakdown is 27 judges, 11 lawyers, and 11 academic lawyers. (Of course, one reason for the imbalance is that our lawyers keep getting appointed as judges! Last year, those included the Honourable Charles Hackland and the Honourable Anne Mactavish.) This Committee will explore how we can recruit more lawyers as members, including targeting law clerks at the Supreme Court of Canada as well as other courts.
   
2. Internship: A second area of exploration will be to see whether Canadian law firms will be able to allow articling students to spend a portion of their time working in the office of an international body such as the ICJ in Geneva.
   
3. Sponsorship: How can we encourage large law firms to contribute financially to ICJ Canada? Could we have the Newsletter sponsored by a law firm with an annual donation? The Web Site? Should we start selling advertising in our newsletter and web site? Brian Crane has explored the legal implications of a charitable organization receiving revenue from such advertising and advises that it is not a problem.

Speaking of Brian Crane, I cannot say enough about his tireless contributions to ICJ Canada. Since I have been President, he has taken on everything that has been asked of him and more. And he does everything with the same industry, thoroughness, and good judgment that he brings to his Supreme Court of Canada litigation. Thank you, Brian.

A special thanks also to Justice Ian Binnie, about whom the same could be said, except that he no longer litigates before the Supreme Court of Canada! Ian makes a point of letting us know when he is traveling outside Ottawa and can find some extra time, so that, through our Regional Vice-Presidents and Law School Representatives, we can arrange for him to meet with local ICJ members and law students.

An important event which occurred over the past year was the appointment of Justice Michèle Rivet to the International Commission of Jurists, joining Ian Binnie on this prestigious international body. I believe that being represented by two Commissioners is unprecedented for Canada. Unfortunately, Michèle had to return to Montreal yesterday to conduct a human rights hearing in Rimouski all this week. (Those of you who are aware of her contribution to our International Projects may be surprised to know that she does have a “day job.”)

Still another important development and great honour for Canada was the appointment of the Honourable Louise Arbour, a long-time member of ICJ Canada, as the United Nations High Commissioner for Human Rights.

Of course, you are also award that Irwin Cotler, who has been a member of our Council for many years, was recently appointed as Minister of Justice and Attorney General for Canada. I recently received a letter from him resigning as both a Council member and a member of ICJ Canada on the advice of the Ethics Commissioner. Personally, I would not consider the objectives of the Rule of Law, Judicial Independence, and Human Rights to be incompatible with the role of our Justice Minister. However, I understand that, in these circumstances, it was necessary for him to resign, and I have wished him well on behalf of ICJ Canada. He has also asked me to extend his best wishes to our members.

Finally, in the category of “Almost,” there were two matters initiated by the Geneva Office in relation to Canada that didn’t happen:

1. In June, ICJ Geneva took steps to act as an intervener before Associate Chief Justice O’Connor in the Arar Inquiry. Out of deference, they decided not to proceed when they learned that the person conducting the Inquiry is a Member of ICJ Canada.
   
2. Just last month, the son of murdered Canadian journalist Zahra Kazemi asked ICJ Geneva to send an Observer to the trail of her accused murderer. I was contacted and I must say that within 24 hours, David Matas was mobilized and ready to go. However, after some discussion, we concluded it was highly unlikely that Iran would permit David to enter the country in time for the trial and we abandoned our efforts. In the end, we proved to be correct when even Canadian consular staff were ultimately excluded from the trial, which proved to be a sham as the lower level official who was charged ended up being acquitted.

In conclusion, I believe that in addition to the initiatives referred to above, the three main objectives for the coming year should be:

1. To strengthen our administration and, particularly, to tighten up our membership renewals and follow-up on lapsed memberships.
2. To make a concerted effort to recruit new members.
3. To explore and establish alternative sources of institutional funding.

I believe that ICJ Canada continues to make progress in the support of our basic goals. As an institution with very limited financial resources, I would have to characterize us as “Over-Achievers.” The difference is that what we lack in financial resources, we more than replace through the quality and commitment of our members.