THE CANADIAN SECTION AND JUDICIAL INDEPENDENCE IN THE BALKANS
by the Hon. Michèle Rivet, President, Canadian Section

As might be expected, the implementation of the Yugoslav project with our partner, the Center for Democracy Foundation in Belgrade, was significantly altered by the crisis in Kosovo and NATO military intervention in the Federal Republic of Yugoslavia. We all felt that the Canadian inception mission to Belgrade had been a great success. Plans for the Serbian judges' May visit to Canada were entirely in place, but the judicial exchange component of the project ended when the bombing began. Our last contact with Belgrade took place in early April, and despite numerous attempts, we have been unable to communicate with the CDF since that time. We can only hope that the many people we met and spoke with in January are safe, and that the restoration of peace to the area is accomplished as quickly and smoothly as possible.

When conditions in the FRY began to deteriorate seriously, the Canadian International Development Agency encouraged us to scale down our project but to continue our efforts to help the CDF in matters of judicial independence and impartiality. Because it seems very unlikely that the Serbian judges will visit Canada any time soon, we have spent the last three months preparing documents for eventual distribution within the legal community. To this end, Myriam De Blois has put together a series of textbooks on the Canadian judicial system and the Canadian approach to judicial independence and impartiality. The textbooks will be sent to Yugoslavia as soon as the situation permits resumption of communication.

As of June 30th, 1999, the FRY project will be suspended sine die. However, CIDA officials have decided to extend the contribution agreement with ICJ-Canada until December 2000. In the event that a peace accord is reached by all warring parties, the remaining phases of the project will be implemented over a period of approximately six months. It is important to stress that until the beginning of NATO's intervention, the selected Yugoslav judges were committed to visiting Canada in order to participate in the seminars on judicial independence, despite considerable pressure from the Minister of Justice not to attend any training in a foreign country.

In addition, we remain confident that the Center for Democracy Foundation will continue its dedicated work on strengthening the rule of law and the development of democratic institutions in the FRY as soon as circumstances allow.

Project with the Republic of Croatia
The Canadian Section of the International Commission of Jurists has developed a project proposal on judicial independence and impartiality in co-operation with two Croatian non-governmental organizations dedicated to the development of the rule of law in Croatia, the Croatian Helsinki Committee and the Croatian Law Center, both located in Zagreb. These NGOs have acquired significant experience in the implementation of projects with partners from abroad, and they have also developed important links with the Croatian Association of Judges and certain members of Parliament. Our Croatian colleagues have demonstrated enthusiasm for and a commitment to successful co-operation with the Canadian Section on a future project. Both organizations have emphasized the need to strengthen the independence of the Croatian judiciary, which, according to Canadian embassy officials, is increasingly subject to interference from the Zagreb government.

CIDA representatives have welcomed the initiative, which would be implemented over a two-year period. The activities of the proposal are similar to those included in the Yugoslav project. However, additional Canadian missions to Croatia would be required, in order to implement more extensive judicial reform programs in the second year of the project. CIDA will consider the request for budgetary funds in the coming months.

We are enthusiastic about the possibility that the Canadian Section may embark on a new project within a few months of the ending of the Yugoslav project. It is especially gratifying that in the Croatia project we will be able to utilize many of the valuable lessons we have learned over the past nine months.

NORTHERN IRELAND WORKSHOP - Professor Ed Ratushny, Q.C.
On June 8 and 9, 1999, as a representative of the Canadian Section of the ICJ, I participated in the Workshop of Experts on the Review of the Criminal Justice System in Northern Ireland, which was held in Belfast. The Workshop was organized by the ICJ and the CIJL in Geneva, in co-operation with the Committee on the Administration of Justice (CAJ) and the Centre for International and Comparative Human Rights Law of Queen's University.

The CAJ is an impressive organization with a strong commitment "to advance civil liberties and the rights and freedoms guaranteed by international human rights law." The CAJ was awarded the 1998 Council of Europe Human Rights Prize. Tragically, one of its executive members was murdered on March 15, 1999. Rosemary Nelson was a determined human rights lawyer who had been threatened and abused by the police previously in the course of her advocacy on behalf of clients. Almost ten years earlier, Patrick Finacune, a well-known defender of detainees under Northern Ireland's emergency legislation was also murdered. Both murders remain unresolved.

The Good Friday Agreement of 1998 provided for a "wide-ranging review of criminal justice" to be carried out by the British Government but with "an independent element" and with broad consultation. The Review Group has completed its public consultations, and the Workshop was a closed meeting to engage in discussion about topics of particular concern in the Review. These included: possible "constitutionalisation" of procedural protections; a critique of the emergency laws, including the non-jury "Diplock Courts"; the appointment and training of judges; and the role of prosecutors and lawyers.

In addition to participants from the CAJ and Queen's University, lawyers attended from Belfast, Dublin, Glasgow, and London. Other attendees included Chief Prosecutor Egbert Myjer from Amsterdam, Professor Dirk Van Zyl Smit from Cape Town, and myself from Canada. The ICJ was represented by Lord Goodhart, Mr. Justice Michael Kirby, Param Cumaraswamy, Nathalie Prouvez, and Mona Rishmawi.

A highlight for the ICJ was the reaction of the local lawyers to the Report of Special Rapporteur, Param Cumaraswamy, who in 1998 had reported on his mission to Northern Ireland. His hard-hitting report, which was critical of the police and called for a public inquiry into the murder of Patrick Finacune, also contained a number of specific recommendations for reform. One Belfast lawyer stated that the report had a strong impact and galvanizing effect on the resolve of the Bar in the face of prior indifference to human rights issues. Mr. Cumaraswamy explained his role as a Special Rapporteur and spoke about the ongoing monitoring that will occur.

The sessions were organized to emphasize short presentations with ample time for discussion. I presented a short paper explaining the Canadian Charter of Rights and Freedoms and participated in relation to all the topics. There appeared to be considerable interest in Canada's experience with regard to judicial appointments and affirmative action, the progress from our Bill of Rights to our Charter and, generally, our response to issues familiar to all common law jurisdictions.

The Workshop was very tightly organized and executed, with maximum exploitation of the time available. The Irish hosts were extremely accommodating and gracious.

ANNUAL MEETING IN EDMONTON

This year's Annual Meeting will be dedicated to the memory of the late Hon. David C. MacDonald, former Justice on the Court of Appeal of Alberta, and president of the Canadian Section from 1983 to 1985. The meeting, which will include a special program on the Balkans, will be held in Edmonton, Alberta, in conjunction with the Annual Meeting of the Canadian Bar Association. The Canadian Section of the International Commission of Jurists will meet on Wednesday, August 25, 1999, at the Macdonald Hotel from 2:30 to 5:00 p.m., in the Jasper Room.

A special program on "The Rule of Law and Human Rights in the Balkans" will precede the business meeting. This program will feature a presentation by Leslie Green, Professor Emeritus and Honorary Professor of Law, University of Alberta.

Commentators will include Senator Gerald-A. Beaudoin; Dean Lewis N. Klar, School of Law, University of Alberta; Professor Kathleen Mahoney, School of Law, University of Calgary; and David Matas, human rights lawyer, Winnipeg. The program will be moderated by Canadian Section president, the Hon. Michèle Rivet, and will include a question and discussion period.

Details of the program and the Annual Meeting are attached to this newsletter.

ATTACKS ON JUSTICE

Included with this newsletter is a summary of the 1999 edition of Attacks on Justice, an annual compendium of human rights abuses directed against the judicial community worldwide. The journal is compiled and published by the Centre for the Independence of Judges and Lawyers in Geneva.

This year the CIJL is making Attacks on Justice available to national sections at a special price, if they make a bulk order. The special price for Canadian Section members will be in the range of $12.50 to $16.00.

We will be happy to make a bulk order of Attacks on Justice if enough members express an interest in having their own copies. If there is sufficient response to make a bulk order, we'll do so in September.

If you are interested in purchasing a copy of Attacks on Justice at the special rate, please contact Pat Whiting before August 31. She can be reached by phone at (613) 237-2925 ext. 125; by fax at (613) 237-0185; or by e-mail at patw@cba.org.

PRESS RELEASES

• A copy of the following ICJ press releases are available on request from the Ottawa office.
• 30 April 1999 - World Court Rules in Favour of the Special Raporteur on the Independence of Judges and Lawyers
• 28 May 1999 - The ICJ Expresses Deep Concern Over New Law on Non-Governmental Organizations in Egypt
  

CONTRIBUTORS

Hon. Michèle Rivet, currently the President of the Canadian Section, is also President of the Quebec Human Rights Tribunal.

Ed Ratushny, Q.C. is Professor of Law at the University of Ottawa, and a legal advisor to the Canadian Judicial Council.

THE INTERNATIONAL COMMISSION OF JURISTS (CANADIAN SECTION)
Annual General Meeting
August 25, 1999, at 2:30 p.m.
Macdonald Hotel, Edmonton, Alberta

This year's Annual Meeting is dedicated to the memory of the late Honourable David C. MacDonald, former Justice of the Court of Appeal of Alberta, and President of the Canadian Section from 1983-1985.

2:30 - Special program: The Rule of Law and Human Rights in the Balkans

Guest Speaker:
Leslie Green, Professor Emeritus and Honorary Professor of Law, University of Alberta

Moderator:
The Hon. Michèle Rivet, President, Quebec Human Rights Tribunal and President, International Commission of Jurists (Canadian Section)

Commentators:
The Hon. Gerald-A. Beaudoin, O.C., Q.C., Senator, Canadian Senate Dean Lewis N. Klar, School of Law, University of Alberta Professor Kathleen Mahoney, School of Law, University of Calgary David Matas, Human rights lawyer, Winnipeg

The special program will be followed by the Annual Meeting.

AGENDA

1. Minutes of the 1998 Annual General Meeting
2. President's Report - The Honourable Michèle Rivet
3. Financial and membership matters - Senator Gerald A-Beaudoin
4. Nominating committee report - Senator Gerald-A. Beaudoin
5. Other business

A meeting of Council will be held following the annual meeting.