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opinion every lawyer is to resist this behaviour in any way legally possible. So, every Cana- dian lawyer should demand the return of Khadr to Canada. And we should be very displeased that the Supreme Court of Canada recently refused to instruct the government to demand Khadr's repatria- tion, despite recognizing that his Charter rights had been breached. But isn't the post-Sept. 11 world a new and terrifying place, one in which hoary concepts like the rule of law no longer apply the way they once did? Many, in- cluding high American offi cials, have argued that in our new circumstances, discrimination against non-citizens (providing for their indefi nite deten- tion without charge, for example), or the erosion of fair hearing guarantees, or extraordinary rendition (which hap- pened to the Canadian Maher Arar with the connivance of our government) are justifi ed. Th is is sometimes described as replacing a criminal justice model with a security model. In reply, Bingham quotes the Coun- cil of Europe: "[W]hile the State has the right to employ to the full its arsenal of legal weapons to repress and prevent terrorist activities, it may not use indis- criminate measures which would only undermine the fundamental values they seek to protect. For a State to react in such a way would be to fall into the trap set by terrorism for democracy and the rule of law." Every lawyer should insist that no diminution of the rule of law ever take place. A diff erent kind of principle de- manded by the rule of law is full access to justice. Bingham quotes the legal scholar E.J. Cohn: "Just as the modern State tries to protect the poorer classes against the common dangers of life, such as unemployment, disease, old age, social oppression, etc., so it should pro- tect them when legal diffi culties arise." And then Cohn adds an observation of great force: " . . . the case for such pro- tection is stronger than the case for any other form of protection. Th e State is not responsible for the outbreaks of epi- demics, for old age or economic crises. But the State is responsible for the law." All members of the legal profession, as part of our commitment to the rule of law, should be concerned about the manifest inadequacies of the legal aid system, and work for a better way of promoting access to justice. Some time ago, in these pages, I urged a national legal insurance scheme ["Medicare for the justice system," Canadian Lawyer, October 2007]. No one in the legal pro- fession seemed interested. It wouldn't be easy to implement "judicare," and to do so would be controversial, just like the establishment of the medicare sys- tem we now cherish, which was initially thought unworkable and was fought bitterly by many doctors. Absent some- thing like judicare, well, as someone once said, "Justice is open to all, like the Ritz Hotel." Bingham's book has been described as part of the judicial trend towards idealistic constitutionalism incorpo- rating a set of fundamental principles. Some fi nd this worrying. As a reviewer in Th e Times Literary Supplement put it, as political confl ict comes to be framed in legal terms, the political game has to fi nd room for judges and lawyers. What of parliamentary sovereignty? Bingham is clear that, in the U.K. at least, legisla- tion can only be struck down by judges if Parliament itself has authorized such a process. Th is, of course, is precisely what has happened in Canada with the Charter of Rights and Freedoms. Th e Charter put judges and lawyers right in the mid- dle of the political game. With that, the fundamental ethical obligation of every Canadian lawyer to promote and pro- tect the rule of law becomes even more important. Philip Slayton has been dean of a law school and senior partner of a major Canadian law fi rm. Visit him online at philipslayton.com. A Practical Guide to the Law of Termination in Ontario Second Edition The legal principles and practical advice for ending an employment relationship This practical text discusses in non-legal language the legal principles employers and human resource professionals need to know when ending an employment relationship. It provides an overview of the law and helpful advice when planning a termination in Ontario. It also helps you avoid commonly made termination mistakes, which often cause unexpected legal liability. A Practical Guide to the Law of Termination in Ontario, Second Edition, covers important topics such as: Notice of termination and severance pay under the ORDER your copy today Perfectbound • Approx. 170 pp. August 2010 • $65 P/C 970010002 ISBN 978-0-88804-505-8 • • • • • • • • Just cause terminations Disabled employees and the The termination meeting Reasonable notice at common law Elements of the severance package Employment contracts Litigating wrongful dismissal claims CL0910 Prices subject to change without notice, to applicable taxes and shipping & handling. For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. www. C ANADIAN Law ye rmag.com SEPTEMBER 2010 25 Janice Rubin and H ena Singh Employment Standards Act, H 2000 uman Rights Code