Local meetings held across Canada

Conference on Human Rights and National Security Held in Ottawa

A conference entitled “Bridging Human Rights and National Security” was held at the University of Ottawa Faculty of Law on October 17, 2003, co-sponsored by CLAIHR (Canadian Lawyers Association for International Human Rights) and ICJ Canada.

The conference was the result of a student-led initiative at the Faculty of Law. Over the last few months, several student members of CLAIHR began working on a project designed to be a dialogue between Canadian and American law students on issues pertaining to the International Criminal Court, human rights, and security. The conference focused on two central questions: 1) Are our domestic and international responses to terrorism safeguarding national security and human rights in an effective manner? and 2) Can a bridge be established between human rights and national security, resulting in true human security?

The conference featured two moderated panel discussions and a keynote address by Mr. Alan Borovoy of the Canadian Civil Liberties Association. The morning meeting focused on domestic issues and whether national security and human rights can be reconciled within the concept of human security. Speakers on this panel included ICJ Council member Professor Errol Mendes (University of Ottawa), Mr. Ziyaad Mia (Muslim Lawyer’s Association), Ms. Hadar Harris (American University), Ms. Shirley Heafey (Commission for Complaints Against the RCMP), and Mr. Alex Neve (Amnesty International).

The afternoon discussion approached the subject from an international perspective, focusing specifically on whether multinational bodies such as the United Nations and the International Criminal Court have dealt effectively with the concept of human security. Speakers on this panel included Dean Claudio Grossman (American University), Mr. Jean-Louis Roy (International Centre for Human Rights and Democratic Development), Ms. Necla Tschirgi (International Peace Academy), Ms. Peggy Mason (Norman Paterson School of International Affairs), and Mr. Darryl Robinson (Department of Foreign Affairs).
ICJ Canada is supportive of CLAIHR, which has objectives similar to ours. This report was provided by Heather Watts and Amy Groothius, who are members of CLAIHR and ICJ Canada. Law students are encouraged to support both organizations.

Judge Radmila Dicic in Alberta

After a fairly hectic schedule speaking in central Canada, Serbian Judge Radmila Dicic arrived in Calgary on October 15, 2003, somewhat surprised at the length of the flight from Ontario. She attended lunch with the Queen’s Bench justices and then spoke to approximately 100 grade 10 students at a Calgary high school.

In her talk to the students, Judge Dicic emphasized that democracy can be fragile, commenting that had she, at their age, been told that her country (then Yugoslavia) would experience a civil war and be subject to United Nations sanctions and eventually to bombing by United Nations forces, she would have been shocked and disbelieving. She discussed the Milosovic regime and the break-up of Yugoslavia with the associated warfare and strife, including the fact of judges protesting in the street with the students after the local elections in Serbia were disregarded. She told students that she and 14 other judges from the National Assembly of Serbia had been dismissed without any legal procedure and that they had been reinstated following the fall of the Milosovic regime and the new elections. Judge Dicic talked about the inter-relationship between a lack of democracy and the presence of organized crime and about her work since 2003 on the special chamber for organized crime cases, formed after the assassination of Prime Minister Zoran Djindjic. Her story was an eye-opener for many of the students, educational for everyone, and particularly interesting in terms of discussing judicial independence.

I drove Judge Dicic up to Banff to the annual CIAJ conference, on October 17, 2003, where she was joined by Judge Michèle Rivet for a panel discussion on the development of the rule of law and the experience of the Canadian judiciary abroad, primarily in the context of the ongoing ICJ Canada Project for the Independence of the Judiciary in Southeastern Adriatic Countries.

Judge Dicic spoke to the judges about her experience with the Project and addressed some of the specific issues that faced her as a judge in Serbia, such as the problems that arise when some judges are co-opted to provide the results wished by a certain regime, and the consequent dilemma of what to do, once that regime has fallen, about re-establishing credibility for the judiciary, including whether steps should be taken against justices who compromised their actions at the request of a political regime.

During the lively question period that followed the panel, topics included whether judicial appointments have to be for a life tenure and whether the prosecution of Milosevic should have been in Serbia as opposed to out of the country under U.N. auspices.

All in all, Judge Dicic’s appearances in Calgary and Banff were very interesting and educational. Not only was there discussion about a number of issues that are close to our judicial system, but all were also impressed with Judge Dicic’s willingness to discuss so candidly her personal experiences as a citizen, mother, and judge in her country through such a dramatic period of political upheaval and transition.

Local ICJ Meeting Held in Halifax

In January, the ICJ Canada community in Atlantic Canada had the good fortune to host a visit to Halifax by the Honourable W. Ian Binnie of the Supreme Court of Canada, who is one of Canada’s two ICJ Commissioners in Geneva. Justice Binnie’s visit was characterized by his apparently endless good will and enthusiasm in light of numerous requests to speak during his time in Halifax.

Justice Binnie’s meetings with members of ICJ Canada were arranged to coincide with Dalhousie Law School hosting the National Law Games – an annual student-organized event that brings together hundreds of students from across Canada for a week of sports and competitive moots. Justice Binnie had kindly agreed to join Nova Scotia Justices Thomas Cromwell and Jamie Saunders in judging the Final Round of the national competitive moot. Following the moot, Justice Binnie addressed the audience of over 100 students on the work of the ICJ and the importance of staying involved in broader human rights and other concerns throughout one’s career, irrespective of the nature of one’s practice.

This event was co-sponsored by the Atlantic Branch of ICJ Canada and the student law games committee and was part of an ongoing ICJ Canada initiative to raise the profile of the ICJ with students. On the day before the Moot finals, Justice Binnie addressed a packed auditorium at the Law School at the student-organized Law Hour.

In addition, Justice Binnie kindly agreed to speak on the work of the ICJ at a special public event organized by ICJ Canada Atlantic Council members Chief Justice of Nova Scotia Constance Glube, Justice William Kelly, and Atlantic Vice-President Professor Moira McConnell. This event was co-sponsored and co-organized by student members of the Canadian Lawyers Association for International Human Rights (CLAIHR), Dalhousie Branch.

Justice Binnie’s talk was followed by a reception hosted by the Dean of Law, Professor Dawn Russell, which drew a crowd from the local bar, judiciary, faculty and students.
After the reception, Justice Binnie was the guest of honour at a lively and memorable dinner attended by 20 members of the Nova Scotia bar, judiciary, and ICJ members.

The significance of Justice Binnie’s visit for Atlantic members of ICJ Canada was noted by Atlantic Vice-President, Moira McConnell: “Organizing these events around ICJ Commissioner Binnie’s visit provided the Atlantic Region members with a good opportunity to send personal letters of invitation to existing members along with membership applications. Although many of our out-of-province members could not attend, there were a number of responses indicating interest the event and in having more ICJ activities in the region.”

Professor McConnell commented that, in the days following Justice Binnie’s visit, she received several inquiries about membership and ICJ activities, along with requests that the ICJ organize more talks in the region on these important issues. The overall result, she said, was very positive in terms of raising the profile of the ICJ in the Law School and local community and that, in fact, one student is now exploring spending the summer as a volunteer with the ICJ in Geneva. It is hoped that similar events can be organized in New Brunswick, PEI and Newfoundland.

Justice Ian Binnie Speaks to ICJ Members in Vancouver

Vancouver members of ICJ Canada held a wine and cheese reception on March 9, 2004, to mark the visit to Vancouver of Justice Ian Binnie of the Supreme Court of Canada and an ICJ Commissioner. Justice Binnie was in Vancouver for the week of March 7 as Judge in Residence at Green College in the University of British Columbia.

The reception was hosted by Fasken Martineau Dumoulin LLP, and those attending included members of the ICJ, the judiciary and the bar.

Justice Binnie spoke at the reception about the origins, purposes and some of the recent and present activities of the ICJ. The International Commission of Jurists, he reminded listeners, was founded in Berlin in 1952 “by a very experienced group of lawyers, judges and academics, who dedicated themselves to making a practical reality the human rights movement that had grown out of the Nuremberg War Crimes Tribunal and the adoption of the United Nations Declaration of Human Rights. There was a concern that these vaguely worded texts would become purely symbolic, a monument to unfulfilled good intentions.” While the ICJ maintains a permanent staff of about 15 people, “its principal strength lies in the large group of volunteers who work in the human rights area and who are much in demand by other non-governmental organizations, governments, and international organizations for their expertise in human rights.”

Justice Binnie commented on the work of the ICJ in the ongoing development of international human rights law, particularly in measures addressing gender discrimination. He also spoke of the ICJ’s Center for the Independence of Judges and Lawyers, which monitors the problem of corruption in judiciaries and harassment of lawyers on an international level. A third concern of the ICJ, in which ICJ Canada has been particularly active, is in the context of observer missions and panels of experts convened in connection with human rights enquiries.

Justice Binnie also spoke of ICJ Canada’s activities, including its three projects on judicial reform and judicial independence in the Southeast Adriatic region and its sponsorship of Canadian speaking tours of jurists who have experienced first hand significant threats to the rule of law, including former Pakistan Chief Justice Nasir Zahid, the Honourable Anthony Gubbay, who was forced to resign as Chief Justice of Zimbabwe, and Judge Radmila Dicic, whose Canadian visit is covered in this newsletter.

Justice Binnie closed his talk by describing ICJ Canada as “a vehicle by which interested Canadian lawyers and judges can get involved in international work. ICJ Geneva has an active intern program and is always looking for volunteers with expertise to assist in its projects.”

Justice Binnie was thanked by the Honourable Lance Finch, Chief Justice of British Columbia. Among other things, Chief Justice Finch observed that Justice Binnie had provided the best short description of the ICJ and its activities he had ever heard.