Rule of Law

The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will.

The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader, judicial activism, or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.

"A court that has the power to give you every right you want, also has the power to take away every right you have"

The role of the court and the principle of law; per Chief Justice Latchford, Mr. Justice Riddell, Mr. Justice Masten, Mr. Justice Orde and Mr. Justice Fisher-

"The Supreme Court is not a self-created body with original powers; it is not a benevolent autocrat with full powers to act as it should think fit; the court is an institution organized by the people through their representatives for the purpose of giving to those who apply to it their rights according to law, the law not being made by the Court but laid down for it by authority; the court has no right to give a decision in accord with its own views of equity and good conscience, as distinct from the rules laid down for it. The Court has no right to take power unto itself which is not conferred by the people." Scott v. Scott-Ontario Court of Appeal 1DLR53, 64OLR422

"All that is necessary for the triumph of evil is that good men do nothing"*** Edmund Burke

"The World is not dangerous because of those who do harm, but because of those who look at it without doing anything."- Albert Einstein

"The meaning of the Rule of Law is very simple and well know to us all: the law must stand supreme as the source and fabric of all social organization. It is the law which provides the framework for relations among individuals as well as between the individual and the state: the law delineates the scope of each person's liberties and responsibilities and defines the powers and duties of government. All obligations imposed on the individual and all restrictions upon his or her liberty must be justified by law. This is the most fundamental guarantee of equality and freedom we have achieved as a society. The Rule of Law protects individuals from arbitrary and capricious treatment at the hands of government and fosters confidence in each of us that the power of government to interfere with our lives is finite and accountable. It allows us to live together in freedom and harmony and provides the common ground for social progress and prosperity." The Right Honourable Brian Dickson P.C. (from a speech to the Canadian Bar Association)

"It is interesting to note that the criticism of the Supreme Court has come from both ends of the political spectrum. The first wave of assault on judicial activism under the Charter came from the political left.[8] These critics were fundamentally wary of what they saw as the constitutionalization of individualistic, liberal values. They distrusted the judiciary as an essentially conservative institution and feared that the Charter would do little more than allow those who already enjoyed wealth and power to attack legislation designed to improve the interests of the weak and vulnerable. More recently, the focus of the criticism of judicial activism has come from the political right.[9]"---Justice Robert J. Sharpe Court of Appeal for Ontario Ontario August 27, 2003

IIN DEPTH: SUPREME COURT OF CANADA

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The directors and associate members of the CJRB come from various walks of life and occupations. We represent a broad range of Canadians who are concerned about the state of the justice system.

Directors 2010-2011

Retired Judge, the Hon. Wallace G. Craig

Mr. Bruce Haines Q.C.

Dr. Rainer Knopff

Mr. Jack MacLaren

Mr. Wm. D. Nichol

display list of founding members and past directors

What We Do:

The Canadian Justice Review Board seeks to promote high standards of practice by all members of the legal profession through publicizing the activities of the courts. To accomplish this goal, the CJRB identifies those who behave in questionable ways or in ways which are publicly perceived to cast the administration of justice into disrepute. The CJRB provides a public forum in which its members and supporters can express their views and concerns. Your support helps to re-establish the integrity of the courts and to affirm the principle that courts are not self-created organizations with unlimited powers. We advocate that the courts are institutions created by the people of Canada through their elected representatives for the purpose of protecting Canadians with judicial decisions made according to the rules of law which have been laid down for the courts and not according to arbitrary, unreasonable or inconsistent rules made by the courts themselves.

The Canadian Justice Review Board

Box 4853 Station E, Ottawa, Ontario

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