John Carpay on the importance of the rule of law in civil society and why we’re at risk of losing it here in Canada:
The rule of law is one of the most important legal principles on which Canada is based. Along with the supremacy of God, it is mentioned in the very first words of the Canadian Charter of Rights and Freedoms: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”
The rule of law means that we are ruled by laws, not by the whims of a King, or the clamouring of a mob. The rule of law also means that the law applies to everyone, even the King; there can be no exemptions for the King or his favourites.
Countries which practice and uphold the rule of law tend to thrive economically, socially, politically and culturally. Countries which uphold the rule of law become wealthy because people can work, buy, sell and trade in the knowledge that their property and their person are protected by law. Economies thrive when people know that the law will be enforced, and that the law will be applied to everyone, even to the King and his favourites. The rule of law provides investors, foreign and domestic, with confidence to invest their money in business projects.
Conversely, when a country condones law-breaking, investors will put their money elsewhere, and quickly. The world’s poorest and most violent countries are those where politicians are above the law, and the law is not applied equally to all.
The decisions of Canada’s politicians and police to condone – for three weeks or longer – the blockading of railway lines by aggrieved protesters violate the rule of law in at least two ways.
First, our politicians are effectively stating that individuals with strongly held political opinions are entitled to engage in illegal activities, in this case shutting down railway lines. Second, law-breaking is permitted because Prime Minister Justin Trudeau and other politicians sympathize with the protesters’ ideology and demands: the law does not apply to the King’s favourites.