Judges, judged
Re Who Is Judging The Judges? (Feb. 19): Gordon Gibson is right that judges have the last word on many matters in Canada, and that was given to them by the Charter in 1982. The judges did not ask for that authority.
Parliament in many cases has the legal authority to reverse individual court decisions and has chosen not to do so. Parliament, having decided to accept the court's decision, does not get to complain about the result.
If Canadians are to have a Charter of Rights and Freedoms – and polls suggest it is one of the most valued aspects of the country – that necessarily requires that laws which breach the Charter are struck down.
I prefer a country with guaranteed rights whose judges protect me from Parliament, to a country whose Parliament is unchecked except in an election.
Brian Casey, Dartmouth
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Parliament always has the power to pass new laws. Indeed, in its decision on end-of-life assistance, the Supreme Court gave Parliament a year to change the law.
The court can make courageously correct decisions because it does not have to worry about being popular. Too bad more politicians don't act the same way.
Jim Shearon, Ottawa
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Terror's limits
I find it hard to believe that so many Canadians are sufficiently afraid of terrorists that they would trade their basic freedoms away (Bill C-51 Is A National Blockbuster – Feb. 19).
We have many survivors of the Cold War from Eastern Europe or the dirty wars in Central and South America in our country: Ask them what they think of secret police organizations – and don't think it can't happen here.
We read daily of the excesses of regular police officers in our society, and they face much more robust regulation than our spies will. And what if some future leader decides to emulate Richard Nixon and enlists certain government branches to spy on and sabotage rival politicians or lean on the press? Our descendants will not thank us for allowing this state of affairs.
Doug Gregory, Pickering, Ont.
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As Parliament debates Bill C-51, the new anti-terror legislation, and the oversight issue is justifiably raised, there is a bill in the Senate – S-220 – that affords all sides an opportunity to make progress (A Close Eye On Security Makes Canadians Safer – Feb. 19).
S-220, which I proposed last spring, seconded by then-senator Roméo Dallaire, creates the kind of joint and multipartisan legislative oversight that mirrors what is used by the U.K., U.S. and France. It provides for in-camera hearings, regular review of the plans, approaches and budgets of security agencies, and genuine statutory oversight by parliamentarians from both Houses.
In the U.K., the committee of parliamentarians' membership includes, among others, sitting MPs and lords who were former police chiefs, chiefs of the defence staff and home secretaries. In both Canadian houses, we have ample parliamentarians with constructive experience in defence, police and other areas.
The U.K. approach, initiated some 20 years ago, has never resulted in a leak or security breach. Here, the notion that the Security Intelligence Review Committee's retroactive, complaints-based approach to CSIS activity, or that relying on a retired judge and small staff who report on the Communications Security Establishment is sufficient is, at the very least, wildly optimistic.
A more active role for CSIS – as opposed to simply the hopeful transmission of surveillance data to police forces – was called for in a unanimous recommendation of the special Senate committee on anti-terrorism. A more structured oversight role would strengthen the bill further.
Hugh Segal, former chair, special Senate committee on anti-terrorism
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Through generations
Re Exorcising The Ghosts Of A Residential School (Feb. 19): Carla Voyageur is right to implicate the aftereffects of residential schools in high contemporary poverty rates among aboriginal children. This occurred through underdevelopment of aboriginal communities and economies by damaging generations of human capital through forced residential school attendance.
Apologies and school demolitions are important, but will not help with this issue. Only a partnership between aboriginal governments and the federal government to foster social and economic development will turn the tide. This would be very different than the current approach of inadequate funding and top-down command and control by the federal government.
Sid Frankel, associate professor, Faculty of Social Work, University of Manitoba
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Books in prison
Re Segregation Studies (Facts & Arguments, Feb. 19): I have been involved over the past few years with a wonderful prison-based initiative, Book Clubs for Inmates. We meet monthly within local prisons to discuss a specific book that inmates have read, and which has been donated in a set by supporters of Book Clubs for Inmates.
I started my volunteer adventure with a little trepidation, but having been a social worker for 25 years, I felt I could handle just about anything. Instead, I've found the inmates who come to the meetings to be respectful, engaged and clearly appreciative of the opportunity to focus on something outside of prison life once a month.
I thoroughly enjoy these meetings, and often gain new insights into the books we are discussing.
Deane Cornell, Kingston
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Greece's way ahead
If German Finance Minister Wolfgang Schaeuble were as familiar with Game Theory as Greek Finance Minister Yanis Varoufakis, he, too, would realize that Europe and Greece are faced with the "Prisoner's Dilemma" (Greek Showdown Reaches Critical Turning Point – Folio, Feb. 19).
The uncompromising strategy the euro zone is pursuing risks precipitating an outcome where Greece leaves the euro zone, and both sides lose, maybe significantly.
Game Theory demonstrates that collaborative solutions, where both sides come together for their mutual benefit, lead to the best, win-win outcomes.
Greece is showing signs that it is willing to collaborate. Unfortunately, Germany and the euro zone are not.
Roy Culpeper, senior fellow, School of International Development and Global Studies, University of Ottawa
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The big five-oh
Alan Cumming's initial assertion in his column that turning 50 was a breeze is somewhat contradicted by the therapies, IVs and "unctions up the wazoo" he endures weekly (Hard-Won Wisdom: Why I Keep Dancing As Time Marches On – Life & Arts, Feb. 19).
In fact, it sounds as though in a self-absorbed way he is more despairing about turning 50 than most of us: By an appropriate and amusing coincidence, the pronoun "I" appears some 50 times.
Pauline Kellow, Toronto