Ian Binnie Appointed ICJ Commissioner
The Honourable Mr. Justice W. Ian Binnie of the Supreme Court of Canada has been named a Commissioner of the International Commission of Jurists in Geneva. Justice Binnie was nominated for the position by the ICJ Executive Committee and elected by the Commission on April 30. He assumes the post immediately and will continue as Commissioner for a five-year term.
The Commission consists of sixty eminent jurists from around the world, each of whom has devoted considerable effort to promoting the rule of law, the independence of the bar and bench, and human rights. In addition to constituting the governing body of the ICJ, the Commissioners often participate in fact-finding missions and trial observations and represent the ICJ in international contexts.
Regarding his appointment, Justice Binnie commented that his election reflects more than anything Geneva’s recognition of the very active contribution of the Canadian Section to the global work of the ICJ, especially under the recent presidencies of Judge Michèle Rivet and Professor Ed Ratushny. He said, “Geneva obviously hopes this high level of Canadian commitment continues. My priority will be to continue the close links between Canada and Geneva forged by our colleague, Justice Claire L’Heureux-Dubé, and to ensure Canada’s voice continues to be heard where it counts.”
President Ed Ratushny’s reaction to Justice Binnie’s appointment was immediate and enthusiastic. “ICJ Canada is proud of Justice Binnie’s selection,” observed Professor Ratushny. “Whenever called upon, he has always found time to contribute to our work, and he will make an even greater contribution in this international forum. His international experience has ranged from acting as Legal Advisor to the Treasury of Tanzania in the early seventies to appearing as counsel in the International Court of Justice and the International Court of Arbitration later in his career. I know that all of our 600 members, including his eight Colleagues on the Supreme Court, join me in wishing him well in this new role.”
The Honourable Claire L’Heureux-Dubé, who served as International President of the ICJ from 1998-2002, recently completed her third consecutive term as a Commissioner. “I am absolutely delighted that my ex-colleague Justice Ian Binnie has been elected to replace me as a Commissioner,” she said. “His insight and energy will indeed be valuable contributions to the work of the Commission. He has my warm congratulations and my best wishes for a productive term.” Justice Binnie’s appointment means that Canada’s representation on the Commission is unbroken since 1988.
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Letter from the
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Dear Members of ICJ Canada,
In the six and a half years I’ve been with ICJ Canada, I’ve had the enormous pleasure of watching it grow from a quiet and committed organization of just over 400 members to a still committed but far more active and dynamic ICJ community of nearly 600. Among our members are many of Canada’s most distinguished judges, lawyers, and law professors and a growing number of young lawyers and law students, bound together by a common belief that the rule of law and the impartiality and independence of the judiciary are more important and necessary than ever in these rapidly changing, often volatile times.
Since its beginning in 1958, the Canadian Section has worked with ICJ headquarters in Geneva, frequently by providing Canadian representatives to ICJ missions and trial observations abroad. Under the presidency of Judge Michèle Rivet, ICJ Canada undertook its first CIDA-funded international project in the former Yugoslavia, which was followed by a similar project in Croatia. An even more ambitious regional project involving five countries in southeastern Europe is currently underway. The focus of President Ed Ratushny has been to broaden our contact with Geneva and to increase the activities of the ICJ in Canada. Several articles in this newsletter provide convincing evidence of his success.
As part of the initiative to improve communication between ICJ members and the Ottawa office, both the newsletter and the web site at www.icjcanada.org are getting facelifts. This “new look” will be evolving over the next few months, and your comments and suggestions are most welcome. Meanwhile, we couldn’t resist the opportunity to announce the coming changes by printing this newsletter in the format we’ve decided to adopt.
Included with this newsletter, you’ll find the agenda for the Annual Meeting in August and a copy of the proposed By-law revisions that will be put forward there. We hope that many of you will be able to attend the meeting in Montreal and to stay for the buffet luncheon generously being hosted by Ogilvy Renault. I, personally, look forward to the pleasure of putting faces to names that over six years have become so familiar as to seem like friends.
Pat Whiting
Executive Director
Justice Arbour Addresses
Ottawa ICJ Members
The Honourable Louise Arbour of the Supreme Court of Canada addressed a capacity crowd of almost 60 people at a meeting of Ottawa members of ICJ Canada on November 5, 2002. The meeting was organized by Professor Errol Mendes and ICJ Canada President Ed Ratushny and was hosted by Eugene Meehan, Q.C. and Lang Michener. Professor Ratushny welcomed the presence of new members of the ICJ from the student body of the Ottawa Law School, and Mr. Meehan provided a witty introduction of the guest speaker.
Justice Arbour spoke primarily on issues surrounding the International Criminal Court, which has been ratified by 81 states and became totally operational early in 2003. The first task of the ICC, according the Justice Arbour, is to establish credibility and address concerns put forward by the U.S. and others. She stressed that the precedents for the future operations of the ICC, namely the past and present processes of the Ad Hoc War Crimes Tribunals for the Former Yugoslavia and Rwanda, were not “lynchings” but legal proceedings conducted along recognized lines of the rule of law.
In the ICC’s first ten years of operation, the time Justice Arbour feels is required for it really to reach maturity, the Court faces a three-fold challenge: to define prosecutorial discretion, to establish operational imperatives, and to resolve matters related to jurisdictional conflicts. Madam Justice Arbour spoke in some depth on each of these challenges, and then opened the floor to questions.
Professor Mendes launched the discussion period with a question regarding Justice Arbour’s successful strategy of issuing sealed indictments against the highest-ranking war criminals in the Balkans and Rwanda. Insightful questions from the audience related to new attempts by the U.S. to limit the recourse to the ICC by the signing of bilateral agreements with member countries and also to the relationship of tribunals such as
the ICC to Truth and Reconciliation Commissions. Justice Arbour was thanked by Juliet Knapton, a student at Ottawa Law School, for her stimulating address and response to questions.
The meeting was filmed by CPAC, and a copy is available for loan to ICJ communities through our Executive Director, Pat Whiting.
ICJ Canada is grateful to Eugene Meehan and the Lang Michener Supreme Court Group for hosting this special occasion and for the generous reception provided afterwards.
Daniel Gervais Spearheads |
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Professor Daniel Gervais of the Ottawa Law School, who is responsible for the ICJ Canada effort to promote the ICJ among law faculty and students, reports that an ICJ contact has been identified in nearly every Canadian law school. These contacts, whose names and co-ordinates will be posted on the web site later in the summer, will be asked to organize an ICJ event during the coming academic year that will bring together the local ICJ communities of judges, lawyers, professors, and law students. “All Canadian law students should have a chance to learn about ICJ and its fundamental objectives during their studies,” said Gervais. “Identifying an ICJ contact who will be responsible for disseminating this information in each Canadian law school is the best way to achieve this objective.”
An excellent model was provided last November at the initiative of the Ottawa Law School contact, Professor Errol Mendes. Approximately 60 local members in Ottawa heard an address by Justice Louise Arbour of the Supreme Court of Canada, followed by a lively discussion and a generous reception hosted by Eugene Meehan and the Lang Michener law firm.
According to Executive Director, Dr. Pat Whiting, it has long been a goal of ICJ Canada to reach prospective lawyers while they are still at law school. “We finally have a national strategy and a person of Daniel’s stature to take responsibility for implementing it. Many law students are highly motivated to contribute to strengthening the Rule of Law, Judicial Independence, and Human Rights but need an avenue to pursue this goal as they move into demanding professional careers. ICJ Canada can provide that opportunity.”