By Colin Alexander ——Bio and Archives--October 20, 2024

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In the National Post of October 11, Jordan Peterson related how his re-education ordered by the College of Psychologists of Ontario (CPO) has run aground. The regulators wanted to brainwash him after he expressed un-woke opinions. Evidently, however, they have failed to find someone to give him the mind-bending they said he needed as a condition for retaining his licence.

While this development is salutary, there is a bigger challenge. Canadians no longer live under the rule of law as it really is. No matter how much money you have—and, mercifully, Dr. Peterson could afford to prove the point—Canada’s justice system is law unto itself. Canadian courts routinely ride roughshod over Lord Chief Justice Hewart’s dictum from 1923: “[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”(1)

Too often judges preside over cases where they have a readily evident bias or personal connection. Then they defer, as they may, to favoured interests. Here, however, is the best advisory statement I know of, in the American Judicial Code: “Any justice, judge, or magistrate judge … shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”(2)

Another foundational problem, recently confirmed by Chief Justice Wagner, is that the courts—his court, anyway—may freely override stare decisis (common law precedent). “Apart from considering [[historic]........

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