A MESSAGE FROM THE OUTGOING PRESIDENT, HON. MICHÈLE RIVET
In several landmark cases the Supreme Court of Canada, over the last twenty years, has developed the concepts of impartiality and independence of the judiciary. In a very recent judgment rendered June 7th, Judge Richard Therrien, Q.C.J. v. The Minister of Justice et al, the Supreme Court re-emphasized the importance of the role of the judge in a democratic society:

Almost three years ago, the Canadian Section of the International Commission of Jurists, in conjunction with the Centre for Democracy Foundation in Belgrade, embarked on an international project whose goal was to exchange views and ideas about the independence of the judiciary.

In January 1999, a delegation of Canadian judges traveled to Belgrade to initiate the first dialogues on the independence of the judiciary in Serbia and Montenegro. Our efforts were abruptly stopped by the March 1999 bombing of Kosovo, but the project has now been reactivated, and it is my hope that, through extensive exchanges between judges from Serbia and Montenegro and their Canadian colleagues, we will be able to realize our original aims.

For the past two years, we have also conducted an extensive project with Croatian colleagues, in which more than 40 Canadian judges have been involved, and we are now in the phase of submitting to CIDA an enlarged project to work in the Balkan region.

The seminars and conferences we have conducted thus far have concentrated on the different components of the independence of the judiciary and on the role of the judge in civil society. In the view of all who have participated, the process has been a learning experience of the utmost importance.

These international projects have been the focus of my work as ICJ President for the last three years. Now, at the end of my mandate, I would like to thank everyone who has contributed so much to the projects’ realization.

First, Vice-Presidents Justice Danielle Grenier, Justice Bill Kelly and Justice Kenneth Lysyk have been actively involved, both in Canada and in Yugoslavia and Croatia, while all other members of the Executive Committee devoted their time to provide valuable input, as did Pat Whiting, the executive secretary, not to mention the important involvement of the International President, Madam Justice Claire L’Heureux-Dubé. Second, chief justices of every jurisdiction here and abroad constantly gave their support and advice. Third, each participating judge, Canadian, Yugoslav, and Croatian, formed a link in the bonds we continue to establish and strengthen. Fourth, the Center for Democracy Foundation of Belgrade, the Croatian Helsinki Committee, and the Croatian Law Centre have been able and valuable partners. Fifth, the Canadian Ambassador in Croatia, His Excellency Dennis Snider, the political adviser, Mr Habib Massoud and all the staff around them have been uniformly helpful. Sixth, I gratefully acknowlge and thank CIDA, without whose support these projects would not have been possible.

Although I will no longer be participating in these international projects as Canadian Section President, I will nevertheless continue to be closely involved with them. At its last meeting, the executive created a committee to oversee the international projects already in progress. This committee will report to the executive and will ensure that the closest possible links are maintained between the ICJ and the international projects it sponsors.

I hope that our international involvement will develop and increase. The Canadian Section has the expertise, the willingness, the know-how, the determination, and the courage to be a major presence in those parts of the world where the rule of law and the independence of the judiciary are not yet fully established. It has been my great pleasure to help us get started.

CROATIA PROJECT UPDATE - Me Caroline Meilleur
The most recent activities of the two-year Project to Support the Independence and Impartiality of Judges in the Republic of Croatia took place in Croatia, in the form of three seminars, whose content was derived primarily from dialogues between Croatian and Canadian judges, which took place at the November Seminar in Montreal. Those Croatian judges who participated in the November Seminar acted as the principal facilitators to disseminate the information to 120 Croatian jurists from every level of jurisdiction and from almost every county in Croatia.

The first seminar was held in Trakoscan, May 2 to 4, 2001. Justice Kenneth Lysyk of the Supreme Court of British Columbia, Justice Bernard Grenier of the Court of Québec, and Me Caroline Meilleur, project director, formed the Canadian delegation participating in this seminar. The second and third seminars were held in Tucepi, June 4 to 6, and June 7 to 9, 2001. Justice Michèle Rivet, President of ICJ and President of the Quebec Human Rights Tribunal, Justice Danielle Grenier of the Superior Court of Québec, Justice Élaine Demers of the Youth Tribunal of Québec, Justice Denis Lévesque of the Superior Court of Québec, Justice William Kelly of the Supreme Court of Nova Scotia, and Me André Joli-Coeur, were among the Canadian participants in these two seminars.

Four subjects formed the principal topics of discussion in the seminars: Court Efficiency; Judges and the Media; Ethics and Discipline; and Judicial Education. In all the sessions, discussions were consistently lively and productive. One important result is a list of conclusions and recommendations that will facilitate the ongoing work to find solutions to the problems identified thus far.

The next project activity is a conference that will take place in Rijeka, on October 18, 19 and 20, 2001. The objective of this conference is to bring together key players in the field of judicial reform, in order to discuss the conclusions and recommendations on specific issues identified in the seminars. The audience of this conference will be more diversified and will include primarily judges, as well as lawyers, law professors, representatives of the media, and Justice Department officials. We expect 80 participants will take part in this conference.

PROPOSAL FOR A NEW REGIONAL PROJECT- Me Marie-France Bureau
Following the success of our project with the Croatian judges, which is coming to an end, the ICJ is developing a proposal for a new initiative in the Balkans. The program, which will be submitted to the Canadian International Development Agency (CIDA) later this month, will consist of a comprehensive regional approach to support the independence and impartiality of the judiciary in countries of the former Yugoslavia.

In October 2000, CIDA proposed that the Canadian Section of the ICJ evaluate the possibility of re-activating the project with the Federal Republic of Yugoslavia, which had been stopped due to NATO intervention in Kosovo. CIDA also suggested that the ICJ investigate the possibility of setting up a regional project with members of the judiciary in the Balkans.

The results of the preliminary work in the Former Republic of Yugoslavia, the new political situation, and the enthusiasm of our partner organization convinced the ICJ of the relevance and importance of pursuing our work in the FRY. It was, however, agreed between the ICJ and CIDA that the project with the Yugoslav judges should be integrated into a larger regional framework. For the purpose of defining this new extended initiative, Me Marie-France Bureau and Me Caroline Meilleur conducted a regional mission to Croatia, Bosnia, Yugoslavia and Macedonia last June. The result of the work already accomplished in the region and the will of the judges from former Yugoslavia to join ongoing efforts to enhance the independence of the judiciary encouraged us to go forward with a major initiative in the region.

This 1.2 million-dollar initiative over a three-year period is divided into three main phases. The first phase is to take place in 2001-2002 and consists of activities with judges from Serbia and Montenegro, followed by a first regional seminar including judges from every country of the former Yugoslavia. The Yugoslav part of the project would start this September and involve over 200 judges from all jurisdictions around Yugoslavia. The second phase, conducted parallel to the activities in the FRY, consists of a third year of activities in Croatia in 2002, where seminars would focus primarily on the theme of permanent education. The third phase would, in 2003, bring to Canada a group of Macedonian and Bosnian judges for an intensive seminar on the independence of the judiciary. The second part of that phase consists of two major follow-up seminars that would take place in Macedonia and Bosnia. The year would be concluded by a second regional seminar. The last regional activity of the program would be a large conference that would take place in the Balkans in the spring of 2004 and would involve judges, law professors, attorneys, and representatives of the media.

VISIT OF THE HONOURABLE ANTHONY GUBBAY
From August 4 to August 16, the Hon. Anthony Gubbay, former Chief Justice of the Supreme Court of Zimbabwe, will visit several cities in Canada, among them Saskatoon, where he will attend a number of meetings at the Annual Conference of the Canadian Bar Association, including the joint meeting held by the ICJ and the Canadian Judges’ Forum, and the ICJ Annual Meeting. Mr. Gubbay was pressured into taking early retirement as a result of the Supreme Court of Zimbabwe’s ruling that found the government’s “fast-track” land-reform program unconstitutional.

A lunch will be held in Mr. Gubbay’s honour in Ottawa on August 7. ICJ members who will be in Ottawa on that date and are interested in attending the lunch should contact Pat Whiting at the ICJ office for details regarding time, place, and cost.

ANNUAL GENERAL MEETING - SASKATOON
The Annual General Meeting of the Canadian Section of the International Commission of Jurists will be held on Monday, August 13, 2001, from 1:30 to 6:00 p.m., on the Lower Floor of Saskatoon Centennial Auditorium. The first part of the meeting will consist of a joint meeting with the Canadian Judges’ Forum, which will feature the Honorable Anthony Gubbay, former Chief Justice of the Supreme Court of Zimbabwe. Mr. Gubbay was invited to Canada by the International Commission of Jurists.

The joint meeting will be followed by the presentation of the Walter S. Tarnopolsky Award for outstanding achievement in human rights. The 2001 recipient of the award is A. Wayne MacKay, President of Mt. Allison University and former Professor of Law at Dalhousie University School of Law. The business meeting will follow the presentation of the award, and a short Council meeting will follow the business meeting.

The agenda of the Annual Meeting appears on the back page of the newsletter.

WWW.ICJCANADA.ORG IS UP AND RUNNING
After many months of preparation, the ICJ (Canadian Section) web site is now viewable on the Internet at www.icjcanada.org. The web site currently provides information about the Canadian Section, access to current and past numbers of the Newsletter, and a link to ICJ-Geneva. A current- events page and a page on our international projects will appear in the near future.

TRIENNIAL MEETING
The Triennial Meeting of the International Commission of Jurists will be held in Geneva, Switzerland, from September 10-14, 2001. The main focuses of the meeting will be revision of the statutes of the international body, discussion of the directions the ICJ will take during the next three years, and re-evaluation of the relationship between the international body and the national sections. It is hoped that at least one member of the Canadian Section will be attending, in addition to the International President, Madam Justice Claire L’Heureux-Dubé of the Supreme Court of Canada.

MEMBERSHIP
A reminder letter has gone out urging those who have not yet paid their 2001 fees to do so as soon as possible. If you are among the latter group, please keep in mind that the fees and donations of its members are the Canadian Section’s only source of revenue. Your response will be greatly appreciated.

 

THE INTERNATIONAL COMMISSION OF JURISTS (CANADIAN SECTION)

Annual General Meeting
August 13, 2001, at 1:30 p.m.
Saskatoon Centennial Auditorium
Saskatoon, Saskatchewan

 

1:30 - Special Joint Program with the Canadian Judges’ Forum: PLEADINGS IN THE COURT OF PUBLIC OPINION.
The program will feature the Honourable Anthony Gubbay, Former Chief Justice, Supreme Court of Zimbabwe, who was invited by the ICJ (Canadian Section).

3:30 - Presentation of the Hon. Walter S. Tarnopolsky Award by Hon. Madam Justice Claire L’Heureux-Dubé, Supreme Court of Canada and President, International Commission of Jurists, Geneva, to A. Wayne MacKay, President of Mt. Allison University and former Professor of Law, Dalhousie University School of Law. An address by the recipient will follow the presentation. Senator Gerald-A. Beaudoin will thank Mr. MacKay.

4:45 - Annual Meeting of the International Commission of Jurists (Canadian Section)

AGENDA

1. Minutes of the 2000 Annual General Meeting
2. President's Report - The Hon. Michèle Rivet
3. Report on International Projects - Me Marie-France Bureau, Director, Yugoslavia Project
4. Report from Geneva - Hon. Claire L’Heureux-Dubé, International President
5. Financial and membership matters - Charles T. Hackland, Hon. Secretary-Treasurer
6. Nominating committee report - Senator Gerald-A. Beaudoin
7. Other business

A meeting of Council will be held following the Annual Meeting.