Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 8 17 earlier letter to the president of the EU, "We are calling upon the European Commission to take immediate steps to prevent the pro- gressive dismantling of the independence of the judiciary in our country." In July, Walesa announced he would lead a civil disobedi- ence campaign. Poland is not the only European country that has set out to subvert the courts. Simi- lar developments have occurred in Hun- gary under Prime Minister Viktor Orban. Indeed, Hungary has set the pace, and it is often said that Hungary is the example that Poland follows. Orban has been fur- ther emboldened in his attack on the judi- ciary (and other democratic institutions) by his reelection this past April. In Romania, President Klaus Iohannis has been busy promoting changes to the judicial system like those of Poland and Hungary. The Czech Republic and Slovakia have been moving in a similar direction. The record of some countries in the region that are not members of the EU — step up Ukraine, Turkey and Russia — is dismal. Many say that these attacks on the court system reflect a fundamental clash of values. Countries such as France and Germany prize democracy, the rule of law, pluralism and the right to dissent. Coun- tries such as Poland, Hungary and Roma- nia emphasize nation, faith and family. To downplay this stark analysis, the EC, trying to be pragmatic and business-like, has lately proclaimed that an independent judiciary is a prerequisite for sound finan- cial management and that this is the EC's main concern. No one is deceived. U.S. President Donald Trump visited Poland in July 2017, just before the coun- try's government put forward the proposals to "reform" the judiciary. He gave a speech in Warsaw's Krasinski Square that was said to have emboldened the Polish govern- ment. Trump proclaimed: "We must work together to confront forces, whether they come from inside or out, from the south or the east, that threaten over time . . . to erase the bonds of culture, faith and tradition that make us who we are." The New York Times commented on Trump's speech: "He said nothing about the right-wing government's crackdown on judges and journalists and its refusal to accept more migrants . . . He instead praised Poland as a defender of liberty in the face of existential threats." Trump has also expressed support for Orban (unlike his predecessors, presidents Obama and George W. Bush). Canadians should not be smug about the appointment of judges by politicians, rais- ing doubts about the judiciary's neutrality. It's not just an Eastern European problem. Canada has the same issue, although no one pays it much attention. Perhaps we don't pay attention because, despite doubts about the appointment process, we seem to have a resolutely independent judiciary. Judges, empowered by the 1982 Charter of Rights and Freedoms, are quite capable and willing to stand up to the executive branch. My opinion on the desirability of a Charter- empowered judiciary has gone back and forth over the years, but looking at Europe these days, it seems like a very good thing. Long live legal impossibilism! Philip Slayton's book, How To Be Good: The Struggle Between Law and Ethics, was published in October. Celebrating 30 years as a litigation boutique. Congratulations to Dave Hill for being named one of Canada's top litigators by Lexpert Canada A reputation built on trust. hillco.mb.ca Untitled-6 1 2018-07-13 12:19 PM

• Cover