Canada’s New National Anthem: “Before the Courts”

Canada’s New National Anthem: “Before the Courts”

Toronto Police Chief Bill Blair Takes Questions about Mayor Rob Ford

 

Or new national index of societal morality.

 

It seems there is no sin these days that cannot be covered by saying that the matter is “before the courts.”  After all, we all know that, by the time those “courts” ever get into session or adjourn or conclude or just whatever it is they do do besides incarcerate Aboriginals, we will all have coins on our eyelids.  In theory, the “courts” are supposed to fulfill a fairly crucial role in Canadian society; they are supposed to set standards by precedent, assess crimes, mete out punishment and in general “act” as our legal and moral guardians and compasses.  But a veritable pole shift has occurred.  Now, instead of being courts of, say, well, justice, “courts” are just chimerical rhetorical places used in phrases where momentous societal concerns go to die.  I can’t say for sure, but I’ve got a funny funny feeling that, once upon a time, “before the courts” meant something, as in some sort of justice was going to be served sometime.  The phrase meant “impending,” not “neverending.” Now “before the courts” just means being able to avoid any sort of judgement whatsoever for an indefinite period, and also the while dodge any questions pertaining to any kind of moral or legal conduct.  How did we get to this?  I’d really like to hear from lawyers, but I suppose everyone would like to blame everyone else.  Judges, from their eyries, will never comment.  Some of them, who, for example, like Supreme Court justice Marc Nadon, fantasize that they were drafted by the Red Wings, clearly are contemplating other egotistical and onanistic scenarios most citizens haven’t leisure (or the moral degradation) to indulge.

 

Yet it ought to concern our legal system that it is no longer seen as a place where legal matters go to get mulled and eventually resolved, but rather as a place where legal and moral conundrums go to be put off, avoided, sidestepped, obfuscated, ignored, extenuated, and ultimately buried. Nowadays anyone can say that something is “before the courts” and get off scot-free.  People ought to be answerable for their actions; they ought not to be able to play the free Pierre Poilievre “stay-out-of-jail-forever” card by saying something is “before the courts.”  Couldn’t the “courts,” if they wanted to be “courts,” do something about this?  Look up “supine” in the dictionary, self-interested while you’re at it.  The legal system was never supposed to be about me; it was supposed to be about society.  But now every (wealthy, entitled, white) “me” can use it for private ends simply by saying, “oh, well, the matter is before the courts.”   While, in his mind, Marc Nadon dreamily skates circles around Doug Harvey, could he also devote, say, %10 of his grey matter to questions of justice that he wasn’t paid for by the Harper government?  Were I judging Nadon, I would intervene to say that question probably assumed too much grey matter.

 

Marc Nadon, not in the end the Yzerman he told us he was (he didn't even get caught on the internet; he just outright lied, on camera--now that is a judge kickin' it old school), may be glad to see the legal system become a kind of in-house private affair for submissive Tory hacks, but others in the legal system with a scintilla of morality ought to wonder “wherefore the reversal”?  When did “before the courts” go from “someone is going to be accountable sometime” to “nobody’s ever going to be accountable” and at any rate we can play it out forever? 

 

If I stab a guy in Regina, I get pretty swift justice and steel bars in my sightlines.  But if I bilk 100s of seniors out of their pension funds in Toronto, I drive with the top down, for-evah.   Pity we have no “courts” for this.

 

For the record, here’s Toronto’s Police Chief Bill Blair at a news conference the day before this post:

 

Chief Blair, it’s pretty obvious that Mayor Ford has been implicated in the kind of actions that would see me arrested if I weren’t the Mayor.  Did he receive special treatment?

 

There have been no arrests that I know of.  And until such time, there will be no arrests that I know of.

 

Young men of colour that the Mayor hangs out with tend to be involved in fairly bad things, or get dead.  Does that concern you?

 

Well, we’re always concerned.  Concerned about public safety.  Concerned.  It’s a major concern for the police force when there is concern.  And we’re concerned.  . . . .  We will continue to be concerned, until there’s concern that we’re not concerned about.

 

Like gangs and so on?

 

Well, it’s a concern.  But we’re not going to get too concerned about this while these concerns are before the courts.  We put these concerns before the crown prosecutors and the courts, and then they’re no longer our concern. 

 

But we’re concerned.  Anytime public safety is involved, we’re concerned.

 

Like with gangs and guns and homicides?

 

Certainly.  Certainly.  We’re very concerned.

 

So you’re concerned.

 

Yes, very concerned.

 

Now, say I had a name that began with, oh, say, “F,” and that ended with “d,” and that had four letters, and I were caught in extremely compromising situations that have betokened criminal activity since you were in short pants—would I be in danger of prosecution?

 

Well, we all want to support the troops.  I think the Prime Minister has said it, and I do, too.  $50 million and 50 new cars can go a long way towards promoting public safety, and our chief goal is to promote public safety.  Tasers, foot patrols.  Public safety.

 

But. . .my question was about the shady envelopes and monitored drughouses and wiretaps and so on—you have nothing to say about that?

 

Well, no, because that is a matter that is before the courts, so obviously I can’t comment about that.  We’re concerned.  We’re very concerned about public safety.  But obviously we can’t comment about matters that are before the courts.

 

But what if you had been hauled into court because you had been seen engaging in clearly suspect activity and your name wasn’t Ford?

 

Name was?  Name was?  I’m sorry.  I-I can’t comment on matters that are before the courts.

 

Chief Blair, does it sometimes not disturb you that any crime can be hidden by uttering the phrase “before the courts” these days?

 

Well, disturbed, of course we’re disturbed.  Anytime it’s a matter of public safety, we’re disturbed.  We don’t want to see disturbances, and I don’t think anyone wants to see disturbances.  But when public safety is concerned, we have to act.

 

Act how?

 

Well, the police have got to be equipped to fulfill their duties.  That means being able to resort to deadly force when necessary.  Because it’s a matter of public safety.  When it’s a matter of public safety. . .

 

but I wasn’t _asking_ about public safety. . .

 

we still have to act.  We have to act in the best interests of public safety.

 

Ok, well, speaking of public safety, does it concern you that saying “the matter is before the courts” has become a kind of catch-all mantra for avoiding all forms of redress for any crimes, alleged or committed?

 

Well, well, it’s like I said—the matter is before the courts.

 

So if a matter is “before the courts,” the legal system essentially grinds to a halt and for all intents and purposes no longer exists?

 

Well yes, yes, that, as I understand it, is what “before the courts” means.  The police can only place matters “before the courts.”  While we continue to be concerned, we cannot comment on matters that are before the courts.

 

If a citizen said, “Yeah, sure, I drove drunk, what are you, a buncha pollyannas,” would that concern you?

 

Certainly.  Obviously.  But that’s a hypothetical and I’m not going to get into hypothetical questions.

 

What if it were the mayor of your city?

 

Well, then, I think the police would have done their jobs.  And then it would be before the courts.

 

Is there anything that, in your view, is not “before the courts”?

 

No.  No.  I don’t think so.  In the end it is all before the courts.  People have to take responsibility for their own actions when they’re driving.  But when it’s before the courts, the police have done their jobs.

 

These courts—we hear an awful lot about them these days in politics at every level. . .you seem to place a great deal of stock in them.

 

I’m not a politician.  I’m a police officer.  But when matters are before the courts, naturally I cannot comment on them.

 

--because they’re before the courts, right?

 

Right!  The courts.  Before.  Courts.  Thank you.

 

Oh Canada, we are before courts for thee.