August 13, 2012 - The Rule of Law

Rule of Law

In the case R. v. Campbell, 1994 CanLII 5258 (AB QB) we find an important fact in an explanation of the first line of the Charter of Rights and Freedom, as written in the Constitution. Judge D. C. McDonald of the Court of Queen's Bench of Alberta wrote:

The preamble to the Charter reads:
"Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"

"The "rule of law" here signifies that in proceedings in which a person is charged with an offence it is not the executive or legislative branches of government which decide whether the accused is guilty, or, if guilty, what the penalty will be. The rule of law requires that those decisions be made by a court which is independent of any influ­ence or pressure by the executive and legis­lative branches of government." 

By acknowledging the "rule of law" legislators in Canada have promised the people who live on the land mass known as Canada that the judges they face in the courts will be "independent of any influence or pressure by the executive or the legislative branches of government." Judicial independence! (

In Tax Court recently, I heard a representative of the Department of Justice (legislative branch) inform the judge (supposedly judicial branch) that he could rule only on whether or not the Department of Justice had the right to alter the tax assessment. Sounds like "influence or pressure" to me.

Tax Court and any other court receiving direction from, or whose procedures are determined by, legislative act are not independent courts wherein we, the people, can be compelled to appear.

That's simple law. Now, is it that the judges do not know the law? 

According to the "rule of law":

"To a judge who exceeds his office or jurisdiction no obedience is due." a maxim of law.

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