Putting aside the argument whether her presence legitimizes Beijing's recent actions or not (though I absolutely agree with the author), the biggest jaw-dropping moment for me was the fact that in approximately 5 years on the court, she has not been asked to participate in a single case. So how is she doing good work standing up to the regime if she's not actually doing anything?!? Seriously, if she had any self-respect, let alone respect for her profession, that would be reason enough to resign on its own!
The Supreme Court of Canada has already tarnished it’s standing with partisanship and ideological doctrine feeding into its progressive (nothing of the kind) creep. Its past its due date, just as is McLachlin.
McLachlin seems to be another member of the Canadian Laurentian elite, which has always been oddly comfortable with the Chinese Communist Party. There's a perception of opportunity through working with China, and a certain arrogant complacency that it won't force them to compromise their morals or personally impact them. Part of it has always been a belief in the idea that engagement with China will inevitably lead to the political liberalization of the nation. However, that theory has been increasingly undermined by how the Chinese Communist Party has actually behaved. In retrospect, the brutal crackdown in Tiananmen Square in 1989 was evidence that they were not going to slide into history like the European Communist regimes.
Fully agree, Ms McLachln remaining involved in this position is doing nothing positive. She could make a statement by resigning and explaining that she could not continue given the PRC's actions over the past 18 months that have been totally contrary to democratic ideals. George Skinner is correct - Canadians will never be able to achieve a shift towards democracy by a regime like the PRC.
The unstated and very questionable major premise underwriting the advice offered here is that Beijing shares, or is much concerned about, western conceptions of 'legitimacy.' It's worth asking if Judge McLachlin followed the advice, who would replace her? Is the Appeal Court likely to prove a more effective bulwark against the erosion of democratic freedoms, the more it becomes populated by nominees acceptable to Beijing?
She should have resigned when in June 2021, Justice Maria Yuen was recommended for appointment as a permanent judge by the Judicial Officers Recommendation Commission. She was rejected by pro-Beijing legislators, who, by protocol accept the recommendations of the commission. This was an unprecedented breach of the norms of an independent legal system. The legislators, claimed that she might be influenced by her husband, former Chief Justice Geoffrey Ma, whose defense of Hong Kong's judicial independence they considered unpatriotic.
Perhaps McLaughlin has been having tea with former Justice Louise Arbour, who, among 18 other eminent Canadians, signed a scurillous letter to PMJT advocating for the release of Meng Wanzhou in the midst of an extradition process. Though unrelated in most respects, these issues have a common thread in that they both seem to show a great deal of political analysis underpinning their positions. I for one would prefer to see our former SCC judges rising above this type of analysis.
McLachlin is a prisoner of her own personality cult.
Hong Kong was one of the greatest cities in the world, but it is no longer, and sadly there is nothing we can do to return it to its former status. McLachlin's continuing presence on the court is a reminder of how the Chinese regime will try and use the trappings of the rule of law to hide and obscure what they have destroyed.
Putting aside the argument whether her presence legitimizes Beijing's recent actions or not (though I absolutely agree with the author), the biggest jaw-dropping moment for me was the fact that in approximately 5 years on the court, she has not been asked to participate in a single case. So how is she doing good work standing up to the regime if she's not actually doing anything?!? Seriously, if she had any self-respect, let alone respect for her profession, that would be reason enough to resign on its own!
The Supreme Court of Canada has already tarnished it’s standing with partisanship and ideological doctrine feeding into its progressive (nothing of the kind) creep. Its past its due date, just as is McLachlin.
I totally agree with this article. Right now Ms. McLachin is doing both the people of Hong Kong and Canadians a disservice.
McLachlin seems to be another member of the Canadian Laurentian elite, which has always been oddly comfortable with the Chinese Communist Party. There's a perception of opportunity through working with China, and a certain arrogant complacency that it won't force them to compromise their morals or personally impact them. Part of it has always been a belief in the idea that engagement with China will inevitably lead to the political liberalization of the nation. However, that theory has been increasingly undermined by how the Chinese Communist Party has actually behaved. In retrospect, the brutal crackdown in Tiananmen Square in 1989 was evidence that they were not going to slide into history like the European Communist regimes.
Plainspeak to truth. Ego gets in the way of her resigning and probably a lifestyle she likes.
Fully agree, Ms McLachln remaining involved in this position is doing nothing positive. She could make a statement by resigning and explaining that she could not continue given the PRC's actions over the past 18 months that have been totally contrary to democratic ideals. George Skinner is correct - Canadians will never be able to achieve a shift towards democracy by a regime like the PRC.
Getting paid to do nothing is a pretty good gig - maybe she needs the money more than her reputation.
The only downside might be being thrown in jail if the communists think her utility has come to an end.
Can anyone imagine how Trudeau would react to that possibility?
The unstated and very questionable major premise underwriting the advice offered here is that Beijing shares, or is much concerned about, western conceptions of 'legitimacy.' It's worth asking if Judge McLachlin followed the advice, who would replace her? Is the Appeal Court likely to prove a more effective bulwark against the erosion of democratic freedoms, the more it becomes populated by nominees acceptable to Beijing?
She should have resigned when in June 2021, Justice Maria Yuen was recommended for appointment as a permanent judge by the Judicial Officers Recommendation Commission. She was rejected by pro-Beijing legislators, who, by protocol accept the recommendations of the commission. This was an unprecedented breach of the norms of an independent legal system. The legislators, claimed that she might be influenced by her husband, former Chief Justice Geoffrey Ma, whose defense of Hong Kong's judicial independence they considered unpatriotic.
Show me the MONEY $$$$!!!!
Yes. Well presented, thoughtfully discussed. Ms McLachlin should leave Hong Kong. Now.
She has always thought that she is the smartest person in the room and no one can convince her she isn't.
Perhaps McLaughlin has been having tea with former Justice Louise Arbour, who, among 18 other eminent Canadians, signed a scurillous letter to PMJT advocating for the release of Meng Wanzhou in the midst of an extradition process. Though unrelated in most respects, these issues have a common thread in that they both seem to show a great deal of political analysis underpinning their positions. I for one would prefer to see our former SCC judges rising above this type of analysis.
McLachlin is a prisoner of her own personality cult.
Hong Kong was one of the greatest cities in the world, but it is no longer, and sadly there is nothing we can do to return it to its former status. McLachlin's continuing presence on the court is a reminder of how the Chinese regime will try and use the trappings of the rule of law to hide and obscure what they have destroyed.
Agree. He would act in a predictable manner with predictable results given there would be no other course of action available to him.
I do think it would be a command performance of self-righteous indignation nonetheless.