In March we discussed the strange tension between the Government and the courts here in BC. The blog post remained one of the most popular since then.
The post discusses the statement issued by the three levels of court concerning judicial independence. It was made in response to comments made by member of the Government that seemed to suggest, among other things, that the Government doesn’t like the rulings of the courts. The suggestion was that the courts need to tow the Government’s line, i.e. convict more people, hand out harsher punishment, be more businesslike and focus on results.
Comments like this suggest that it is appropriate for the Government to influence the courts. It isn’t appropriate by any stretch. As we said:
Courts are separate entities from governments for a reason. We need in our society a place where we can take disputes to an impartial person who can come to a decision about the law and the facts free of interference from any interested party. Governments are often an interested party. If the Government appears to be influencing the courts, it can no longer be said that the courts are a disinterested in the matters before them.
And as far as courts are concerned, this type of subtle pressure will garner no result. Our courts are well placed to protect their independence.
Now the Government has introduced and will soon pass legislation removing the courts from adjudication of Motor Vehicle Act offences (see: The End of the Charter of Rights in BC). Given their statements, in our view it is clear that they want to have influence over the process and the results. In other words, they are not looking for impartial adjudication designed to protect the innocent and punish the guilty. They want to punish the people who the police believe are guilty.
Of course this is abhorrent to us as lawyers, and it should go against everything each of us knows about a fair system of justice. But as we’ve noted, fairness is not part of the process for this Government.
In the last two posts we explained the secret but not-so-secret trick an adjudicator can use to make an appeal-proof decision by crafting findings of fact to achieve a certain result.
In the next couple of posts we will discuss how the Government can ensure the process, including an in-house adjudication system, is not fair by putting subtle pressure here and there.
How devious is this Government? More than you’d think.