What happens when the rule of law is challenged? | Commentary

“The rule of law and the judiciary is under attack around the world.” — Richard Wagner, Chief Justice of Canada

“The rule of law is endangered.”  — John Roberts, Chief Justice of the United States

Said another way, when you ignore the law, question and disregard the authority of the courts, and when political leaders prioritize their interests over those of the people they lead, democracy is seriously challenged, and it becomes a short road to anarchy. 

The best example of this, at least the one closest to home, is the United States. It is not a theory, it is not an academic debate, it is a work in progress.  

History has shown us time and again that the erosion of judicial independence and the undermining of democratic principles come at a steep price. Societies that fail to uphold the rule of law risk descending into chaos, where the voices of the marginalized are silenced, and power becomes concentrated in the hands of a few. This is not a distant threat but a present danger.

Let’s just take a look at the pattern of recent events in the United States that mirror authoritarian rule. 

Donald Trump won a second election as President of the United States  primarily on a platform to deal with illegal immigration in that country. Many Americans saw it as an issue growing out of control, increasing crime and endangering American citizens. It was a legitimate concern, and voters saw Trump as the most likely candidate to deal with it.  

All of that is fair enough.

But the manner in which the Trump Administration has gone about this is also a legitimate cause for significant  concern, going well beyond the single issue of illegal immigration and also allowing authoritarian measures to seep into other aspects of American life.  

Tactics by Immigration and Customs Enforcement (ICE) officers are, at the behest of the Trump Administration, ignoring, in many instances, the rule of law, raiding without warrants, concealing their identity, and deporting thousands of individuals without due process or proving that they fall in the category of illegal immigrants.

Once more in our history, we witness Gestapo-like tactics with people living in fear of a knock on their door in the middle of the night. 

Just in the past week, three young children who are American citizens, were deported to Honduras alongside their mothers. One of these was a 4-year- old child who had stage 4 cancer and was reportedly sent away without medication.  

Not too long ago, a member of Congress, Monica McIver, was arrested and charged with impeding and interfering with federal officers. She faces six years in jail. The alleged crime was protecting and protesting attempts to arrest the Mayor of Newark for opposing ICE tactics. 

Only this past week, a United States Senator, Alex Padilla, was evicted from a public press conference, handcuffed, and thrown to the floor by federal officials for shouting a question at  Department of Homeland Security Secretary Kristi Noem. 

In Los Angeles just a few days ago, a sizable demonstration took place with people opposed to ICE and its tactics. Although both the Mayor of Los Angeles and the Governor of California insisted that they had the situation under control,  President Trump sent in not only the National Guard but also the United States Marines.  The result was a clear escalation of the Los Angeles demonstrations, soldiers fighting their own countrymen and women, and Trump sending national Troops into California without agreement from the government of that state as, under these particular circumstances, is required by law. It was a move, I believe, that one could argue comes close to a tactic of civil war.  

As well, it is hypocrisy for Donald Trump to label what was happening in Los Angeles as an insurrection when he refused a little more than four years ago to label an insurrection the massive invasion of Congress by his supporters, along with their threats to harm the Speaker of the House and hang the Vice President of the United States. There can be little doubt that Trump approved and supported it.

Finally, one cannot ignore the shooting and, in two instances, the cold-blooded murder and attempted murder of two Democratic Minnesota State legislators, which took place only a few days ago. The shooter has been identified as an anti-abortion and anti-LGBTQ, evangelical Christian, Trump supporter, with a list of more than 70 potential targets found in his car.

It is a fair question to ask if the situation in the United States is becoming chaotic. Donald Trump is pushing the limits of his power as President of the United States. He is challenging the rule of law, due process, and constitutional relevance.

 It is now becoming fairly clear that not everyone agrees.

This weekend,  while President Trump was enjoying his “Dear Leader” military parade in Washington (which sort of fizzled), more than a quarter of a million Americans marched all across the country in opposition to his authoritarian rule and a governance process that defies the reality of democratic norms. A lot of people, I believe, are recognizing that they are not getting what they voted for. 

There are consequences when the rule of law is ignored or when it is only invoked when it suits the powers that be.

International observers are expressing concern over the state of governance in the United States, with some drawing parallels to authoritarian regimes that have historically dismantled democratic institutions from within.

The international perception of America as a beacon of democracy is, in my view, faltering, and the effect of that could well be a reflection of the global concern that Chief Justice Richard Wagner of Canada has expressed. 

Canadians cannot ignore what is happening in the United States. Nor can they escape the reality of changes that could happen in Canada because of what is taking place over there. 

As this commentary is being written, G7 nations and their global guests are meeting in Alberta. Hopefully, Donald Trump will not attempt to trash it as he did the last time the G7 meetings were held in Canada. 

There are a myriad of issues and conflicts that need to be addressed at these meetings, perhaps with more urgency than ever before. These issues are too big and too important to let Donald Trump walk all over them with his authoritarian ideology. 

Prime Minister Carney as host and his G7 counterparts must forge an alliance, with or without Donald Trump, to effectively meet the challenges of the day, honouring democratic principles and the rule of law.

The stakes are undeniably high.

Hugh Mackenzie

Hugh Mackenzie has held elected office as a trustee on the Muskoka Board of Education, a Huntsville councillor, a District councillor, and mayor of Huntsville. He has also served as chairman of the District of Muskoka and as chief of staff to former premier of Ontario, Frank Miller.

Hugh has also served on a number of provincial, federal and local boards, including chair of the Ontario Health Disciplines Board, vice-chair of the Ontario Family Health Network, vice-chair of the Ontario Election Finance Commission, and board member of Roy Thomson Hall, the National Theatre School of Canada, and the Anglican Church of Canada. Locally, he has served as president of the Huntsville Rotary Club, chair of Huntsville District Memorial Hospital, chair of the Huntsville Hospital Foundation, president of Huntsville Festival of the Arts, and board member of Community Living Huntsville.

In business, Hugh Mackenzie has a background in radio and newspaper publishing. He was also a founding partner and CEO of Enterprise Canada, a national public affairs and strategic communications firm established in 1986.

Currently, Hugh is president of C3 Digital Media Inc., the parent company of Doppler Online, and he enjoys writing commentary for Huntsville Doppler.

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