Politics and its Discontents: Walking On Tippy Toes


 

When I was in Grade One, I have a distinct memory of my teacher, a nun of considerable kindness and compassion (unlike many others  of her ilk in the school), telling me to walk on my tippy toes. Being so young, I took her literally, my attempt at such a pedestrian feat provoking much merriment in my classmates. Of course, Sister Alexia meant for me to walk quietly, something I do think I also understood.

Walking quietly in a classroom a lifetime ago is one thing. Sadly, walking on tippy toes seems yet another ‘policy’ choice at the national level, lest we be noticed by a certain unhinged American president. The most recent episode of this ‘strategy’ is yet another demonstration of our ebbing sovereignty.

Ottawa won’t say whether it will intervene in support of a Winnipeg-born global judge who is asking a U.S. court to reverse sanctions ordered by U.S. President Donald Trump, which have left her unable to use a credit card or most major online vendors.

Washington sanctioned International Criminal Court judge Kimberly Prost nearly a year ago, over her work on a case involving American troops in Afghanistan. Unlike France, Canada has never criticized that decision.

“We haven’t said anything about that,” said Sabine Nolke, a former senior Canadian diplomat whose career focused on international law.

“We do have fairly solid human rights credentials, but we can certainly stand [to be] speaking out more about them.”

Prost previously told The Canadian Press that being sanctioned has deeply affected her ability to travel or enjoy simple things such as using an Amazon smart speaker or buying theatre tickets.

Now, you might think that her inconvenience, while regrettable, is really not such a big deal. However, that would ignore the larger issues here of things like judicial independence and the limitations of presidential fiat.

Prost and two other judges are suing Trump and his administration, arguing he exceeded his authority and did not provide due process. The suit was brought in their personal capacity and not by the ICC.

“Congress did not vest the president with authority to violate international law in exercising his authority,” said James Goldston, executive director of the Open Society Justice Initiative, a legal advocacy group that is representing Prost in the case.

“The sanctions are arbitrary and capricious, not in accordance with the law and an abuse of discretion,” he said in an interview. 

The lack of obvious Canadian support is both egregious and shameful:

Global Affairs Canada would not say whether it’s considering supporting Prost’s case.

“As a founding member, Canada has always been, and remains, a strong supporter of the International Criminal Court and its mandate. Protecting the independence of its judges is critical to the ICC’s effectiveness,” wrote spokeswoman Thida Ith.

“As this matter is currently before the courts, we cannot provide further comment at this time.”

And where is our Foreign Affairs Minister, Anita Anand, in all of this? Well, almost a year ago, she did say that 

she has “the utmost confidence” that Prost is objective and impartial.

Her statement has no criticism toward the U.S. for sanctioning Prost.

Using the fig leaf of the courts and issuing anodyne statements of support are hardly indicators of a robust and independent government, are they?

Speaking of abject servility, there was this note from our prime minister on the passing of the craven, power-hungry, hypocritical Lindsey Graham:

This more realistic but impolitic assessment of Graham would resonant with more Canadians, I suspect:

Mark Carney is fond of talking about the world we live in, not the world we wish it were. Unfortunately, his government is doing nothing to move us toward the latter and everything to support the former.



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