Rock and a Hard Place - the Rule of Law I

In certain parts of the world, the rule of law is a founding principle of our democratic form of government. Rule of law means that everyone, regardless of status, wealth or position, is obliged to follow the same laws and is treated equally by those laws. For those countries to which British immigrants settled - the Magna Carta signed in 1216- is the founding document to this principle. It is obvious that even the most democratic of countries have never fully or completely lived up to this principle. It is far too easy for those who are rich and/or powerful to find ways around the law or to manipulate the law so that it serves them. Nonetheless, like all principles, it is a lofty goal to which all countries should aspire.

Canada, by apprehending Chinese national, Meng Wanzhau - Huawei’s chief financial officer was following the law. Canada has with many countries in the world an agreement that requires it to apprehend an individual if another country has valid charges against that individual. After the apprehension, that country needs to prove, in court, that the charges are valid and can be proven. The individual is not sent to the other country until the courts are satisfied. This is the law - it is what Canada has agreed to.

However, agreeing to follow the rules becomes somewhat problematic when both the country that requested the apprehension and the individual’s country of birth have less of a commitment to follow the rule of law. Trump, in the past two years, has demonstrated a remarkable disrespect for the law, signed treaties and any sense of fair play. It appears as if the law means little to him except something that he can manipulate to his advantage. He breaks or threatens to break the law with no indication that he is ever embarrassed or ashamed by his lies and manipulations even in his personal life where the lies are obvious.

Trump’s disregard for the rule of law, unfortunately, reflects much of the USA’s international policies. For almost a century they have been the dominant political and financial force in the world. They have gotten used to bending the rules to suit their political and economic needs and agenda. Their arrogance in believing that they have a manifest destiny to rule the world becomes all the more obvious as the rest of the world starts to realize that they are no longer the only dominant power.

China is not a democracy. It has no tradition of the rule of law, of the elites being accountable to the general public, of everyone having to follow the same laws. China has a rich and complex history much older than any of the countries of the west. Their political systems have just evolved in a different way. While they may honour their treaties, it is not clear as to whether or not the current edition of China would so if some of the articles of those treaties stopped being advantageous to China. It is not even clear as to whether or not China understands that Canada, if they are to honour the rule of law, had no choice.

Canada may get squeezed in this interplay between China and the USA - both countries aspiring to be the most significant political and economic power in the world. But if there is any dishonour here - it does not fall on Canada’s shoulders. It may appear as if Canada is being the wimp, the weakling, the skinny kid who gets sand kicked in his face while lying on a beach, but anytime a country stands up and says we will do what we promised to do even if it causes some problems, they are the strong one.

Being in between two bullies is always difficult, not staying true to yourself in that situation only makes it worse