Times Colonist E-edition

A quick lesson on the rule of law

To say I found Lawrie McFarlane’s commentary in Islander on Sept. 12 disappointing is an understatement. While I can appreciate that Dr. Bonnie Henry want us to be kind, incorrect and unfounded attacks on our judiciary cannot be tolerated and require a swift response.

I have been a lawyer for more than 30 years and while much of my current practice is consensual dispute resolution, I have had the privilege of appearing in all levels of courts in British Columbia.

While I have not always agreed with every decision that has been made in those courts, if a case is wrongly decided, there is an avenue of appeal.

I was trained never to repeat a statement I did not agree with as then it became mine. As a result, a number of erroneous and, in my view, unconscionable statements made by McFarlane will not be repeated. However, “disregard” and “inadequate thought” are not reflective of the work done by our courts.

It is unfortunate that our education system does not require any courses in civics and the makeup of our constitution. The courts are part of our constitutional right.

Rather than a “right to bear arms,” we have the right to “peace, order and good government.” Our judicial system, like the rule of law, is fundamental to peace and order.

McFarlane’s article illustrates a lack of understanding of the rule of law. The rule of law is really very simple: The law is known, accepted and no one is above it.

A pedestrian stepping off the crosswalk, believing that a car will stop at the red light, is an example of the rule of law.

If you do not like the law, lobby for change or become a legislator.

Our judicial system is one of the finest in the world. Our judges are not above the law and they apply the law, in difficult cases, every day of the week.

It is unfortunate that it is easier to write an inflammatory article than do some research into the reasons behind judicial decisions.

Mary E. Mouat, Q.C. Victoria

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2021-09-17T07:00:00.0000000Z

2021-09-17T07:00:00.0000000Z

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