Our area must return to the rule of law

Recently, traveling south of Buffalo, I picked up a wanted poster for Ralph ‘Bucky’ Phillips, a fugitive who has been on the run for the attempted murder of a New York State Trooper.  In the town of Randolph, New York I personally observed dozens of the hundreds of state troopers involved in the manhunt.

In contrast, Caledonia/ Six Nations also has a man at large under an outstanding arrest warrant for the attempted murder of a police officer- but I see no wanted posters and no evidence of a massive manhunt.

Randolph, New York and Caledonia, Ontario are but three hours apart – why the discrepancy in dealing with the attempted murder of a police officer?

Needless to say, laws cannot be enforced without police, and the attempted murder of a police officer is equivalent to an attack on the rule of law.  New York State recognizes that it cannot tolerate violence against those who are entrusted to uphold the rule of law.  

Far from being an abstraction, the rule of law is central to our political and economic systems.  In order for any society to achieve peace and stability, there must be a deeply rooted, and widely accepted, decision-making apparatus. 

Our political and economic systems are premised on democratic rights, and equality before the law.  By inviting citizens into the political system, and giving them a fair chance at winning in court, we have given individuals ownership over their own laws. 

In Ontario there is a separation of political power from law enforcement.  Simply put, politicians can create laws, but they cannot direct the police or the courts.  This prevents politicians from punishing their opponents, or giving special privileges to their friends.

Despite these controls, we have a government in Ontario that has found a way to tacitly signal its willingness to tolerate suspensions of the rule of law. 

On June 12, Premier McGuinty set two conditions for continuing land negotiations at Caledonia/Six Nations.  But the next day he reversed his stand on both conditions. 

Despite his threat to halt the negotiations until the suspects were handed over, and despite one suspect being wanted for the attempted murder of a police officer, Premier McGuinty caved and restarted negotiations.  By doing so, he lost credibility, and he showed that he was willing to accept the blatant refusal to comply with the rule of law. 

In my book, land negotiations do not trump the rule of law. 

According to Opposition Leader John Tory, “The rule of law must return in Caledonia on all fronts…That means no occupation of any land by anyone; no lawless behaviour by anyone; and no defiance of court orders by anyone.” 

According to Cayuga Court Justice T. David Marshall, “If court orders can be disregarded the whole fabric of democracy falls to pieces.”

And as for me, I personally believe that abdicating the rule of law does not help anyone’s cause.

I – along with the opposition Caucus – have been consistent from the start.  You don’t break your own conditions, you don’t shrug off the rule of law, and you don’t negotiate after demonstrating such colossal weakness.  While ignoring this advice, the Premier has tacitly disregarded the attempted murder of a police officer, given away land before commencing negotiations, and undermined a community’s faith in a proud police force.