The principal Canadian organizers and the participating Croatian judges at the beginning of the Montreal Seminar in November.

During the past two years, the Canadian Section of the International Commission of Jurists, under the aegis of its president, the Honourable Michèle Rivet, has initiated two international CIDA-sponsored projects dealing with the independence and impartiality of the judiciary, a primary objective of the ICJ. The Canadian Sections's experience and prestigious membership form an excellent basis for its assistance to counties in transition who are reforming their judicial systems.

The Canadian Section's first project was implemented in 1998, and was originally undertaken with the Center for Democracy Foundation in Belgrade, Republic of Yugoslavia. This project was interrupted by NATO bombing and the events in Kosovo in the early months of 1999, but it is about to be resumed and expanded to explore the possible development of a regional project on judicial independence and impartiality with neighbouring countries, such as Albania and Bulgaria.

In January 2000, the Croatia Project commenced in co-operation with the Croatian Helsinki Committee and the Croatian Law Centre, two non-governmental organizations based in Zagreb. Our partner organizations are dedicated to the emergence of a democratic political culture and to the promotion of human rights, and they will be responsible for publicizing and implementing the project in Croatia.

The objective of the Croatia Project is two-fold. First, it aims to create solidarity between Croatian and Canadian judges regarding fundamental questions relating to the independence and impartiality of the judiciary. In this way, the Project seeks to promote consensus-building and support for judicial reform among the judiciary. This goal will be achieved through intensive work seminars in Canada and Croatia.

The second objective of the project is to create instruments to achieve concrete reform strategies to strengthen and promote judicial independence and impartiality in the day-to-day work of Croatian judges.

The first year of the project, which is coming to an end, has been rich and profitable for the participating judges, both Croatian and Canadian. The first three Canadian missions to Croatia this year were composed of Canadian judges and ICJ members, who acquired first-hand knowledge of the Croatian judicial system in order to establish an effective program of activities for the November 2000 seminars conducted in Montreal. The selection of the judges who would participate in these seminars was another objective. These preliminary missions also provided a forum for discussion of the needs and concerns of Croatian judicial authorities in their efforts at judicial reform. Through repeated meetings with various judicial, governmental (justice and foreign affairs), and academic bodies, all at the highest level, the Canadian Section was able not only to grasp the problems that face Croatian judges, but also to determine the changes that should be implemented to make judicial independence an accepted principle of Croatian judicial practice.

Last May, a delegation of Croatian Chief Justices and high-ranking representatives of the Canadian Section's partner organizations came to Canada to acquire theoretical and practical knowledge of the Canadian judicial system. Background documentation on the practical situation of judges in Canada was also developed and distributed to the Croatian judges and partners in the project.

The apex of Year One was undoubtedly the recent visit of a delegation of 16 Croatian judges and Professor Ivo Josipovic from Zagreb Law Faculty. From November 4 to 18 in Montreal, they participated in an intensive two-week Seminar on the theme of judicial independence.

The scientific program of the Seminar consisted of over 15 discussion panels and conferences that brought together 55 Croatian and Canadian experts in a privileged forum to discuss and exchange ideas on issues relating to the theme of the gathering. The relationship between the judiciary and the media, the separation of powers, the role of the judge, the administration of justice, and ethics and judicial conduct were among the topics discussed. Also discussed were topics identified by Croatian judges as being of primary importance, including human rights, family and criminal law, permanent education, and technology in the courtroom.

The Seminar allowed the Croatian delegation to see the Canadian system in action, through attendance of criminal trials, visits to the Supreme Court and Parliament, and meetings with judges from every level of jurisdiction in Canada. The Croatian judges were thereby enabled to acquire first-hand knowledge of the objective conditions of judicial independence, the organization of the work of Canadian judges, and the standards governing judicial conduct.

Numerous ICJ members participated in this stimulating experience. Canadian Section President, Hon. Michèle Rivet, President of the Quebec Human Rights Tribunal, participated throughout the Seminar.

Canadian Section Executive members who participated included Vice-Presidents Hon. Danielle Grenier of the Quebec Superior Court, Hon. F.B. William Kelly of the Supreme Court of Nova Scotia, and Hon. Kenneth M. Lysyk of the Supreme Court of British Columbia.

Canadian Section Council member-participants included Hon. W.Ian Binnie of the Supreme Court of Canada; Hon. Alice Desjardins of the Federal Court of Canada; Dean Jacques Frémont of the Faculty of Law, University of Montreal; Dean Peter Leuprecht of the Faculty of Law, McGill University; Professor Ed Rathushny of the Faculty of Law, University of Ottawa; and Me Bernard Roy of Ogilvy Reneault,

Other members who participated in the Seminar were Hon. René Dussault, Hon. Louise Otis, Hon. J. Michel Robert, and Hon. Melvin Rothman of the Quebec Court of Appeal; Hon. Nicole Duval Hesler, Hon. Allan R. Hilton, and Hon. Anne-Marie Trahan of the Superior Court of Quebec; Hon. Rémi Bouchard, Hon. Micheline Corbeil-Laramée, and Hon. Elaine Demers of the Court of Quebec; and Me Casper Bloom of Ogilvy Renault

At the opening ceremony of the Seminar, His Excellency, Andrija Jakovcevic, Ambassador of Croatia to Canada, presided over the dinner, and Hon. Claire L'Heureux-Dubé of the Supreme Court of Canada and International President of the ICJ was the guest of honour.

During their visit, the delegation spent one day in Ottawa, where they met with Senator Gerald- A. Beaudoin and visited the Parliament Buildings. Hon. W. Ian Binnie conducted them on a visit of the Supreme Court in the afternoon, following which they met with Hon. Alice Desjardins at the Federal Court. A tour of the Ontario Superior Court of Justice and a meeting with several Superior Court justices were organized by Hon. Douglas J.A. Rutherford. The Ottawa visit concluded with a dinner organized for Ottawa ICJ members by Charles Hackland, Honorary Secretary-Treasurer of the Canadian Section. The dinner was held at the Ottawa Sheraton and allowed Ottawa members and the Croatian judges to discuss a range of topics on an informal basis.

The distinguishing characteristic of the two-week program was the consistently high quality of the discussions and exchanges between Croatian and Canadian colleagues. According to Canadian Section president, Hon. Michèle Rivet, "It is clear that the Seminar holds out a great deal of promise for the future of the project. Our Croatian colleagues were truly enthusiastic about the work accomplished during their stay in Canada and are eager to share the results by disseminating them to their Croatian colleagues from all jurisdictions at home. The 17 members of the delegation will be at the forefront of Year Two of the project, acting as the main organizers and facilitators for the upcoming seminars and the conference that will take place in Croatia."

After spending a week with the Croatian delegation, Hon. William Kelly, who played a central role in the Yugoslavia Project, was full of enthusiasm for the outcome of this one: "The Croatian judges who participated were a highly motivated, knowledgeable, and courageous group, in spite of their experiences of limited material support, heavy case loads, challenges to their independence, and other difficulties. I have no doubt they will play an effective role in the balance of the program and be agents of change in the Croatian justice system."

Hon. Melvin Rothman of the Quebec Court of Appeal has been very active in the Croatia Project since its beginning. He characterized the exchanges between the Canadian and Croatian colleagues during the Seminar as "very interesting and lively." He further commented that "Croatia has had a long civil law tradition. For some 60 or 70 years, however, its judiciary has had to work within a difficult history of serial dictatorships. With the recent elections, hopefully, the corner has been turned. I believe the ICJ Croatian mission is a very worthwhile effort in support of judicial education, as well as support and encouragement of judicial independence in a country where, in the past, this has been difficult to maintain."

Another participant in the Project, Hon. Bernard Grenier of the Quebec Court, described his experience as " wonderful, thanks in large part to the Croatian judges themselves. They were interested,interesting, and intelligent. They are obviously devoted to their country and their profession. The chemistry between the Croats and the Canadians was excellent. Another factor, which contributed to the success of the project, was the quality of the presentations made by the Canadian judges, lawyers, and others. The panel members were well-prepared and enthusiastic. Congratulations to all involved in the project, on both sides of the Atlantic."

The second year of the Croatia Project will take place primarily in Croatia, where the results of the work conducted in Canada, particularly the content of the exchanges that took place at the Seminar, will be disseminated to the greatest possible number of members of the judiciary. This goal will be achieved through two means. First, three seminars will be held in Croatia, the first two in Zagreb and in Opatija in March 2001, and the third in Plicvicka in June. Second, a major conference on the issue of independence and impartiality of the judiciary will take place in Croatia in October, 2001.

The Croatian participants in the Montreal Seminar will have a key role in all these events, as they will be the principal facilitators to disseminate the information as widely as possible throughout the Croatian judiciary. Additionally, during Year Two, participants will continue to develop the individual relationships between Canadian and Croatian colleagues that were established during the Montreal Seminar, and will work to facilitate future collaboration between members of the judiciaries of specific countries in the region.