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Frontier Centre for Public Policy

Trump’s trial defines justice in disrepute – A Canadian perspective

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From the Frontier Centre for Public Policy

By Colin Alexander

Canada and the US both have a problem with rogue judges

Whatever one thinks of former President Donald Trump, his criminal trial violates the jurisprudence established  by England’s Lord Chief Justice Hewart: “It is… of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Judges too often preside over cases despite having a conflict of interest. Trump’s argument had merit, that having the Democrat stronghold of Manhattan as the venue for his trial was unfair. And the assignment of Acting Justice Juan Merchan for the trial may reasonably be said to be corrupt. The US Judicial Code says: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Republican Congresswoman Elise Stefanik says Justice Merchan contributed to the Democrat campaign in 2020. And his daughter, Loren Merchan, is heavily involved in Democrat politics. Stefanik says her firm stood to profit from Trump’s conviction. So, one may presume the judge’s bias against Trump.

The charge against Trump was that money was paid to porn star Stormy Daniels to keep her quiet and not undermine his presidential election prospects in 2016. Paying money to suppress prurient assertions is not illegal. But, it was said to violate US election law if intended to influence the outcome of the election—and not merely to protect Trump’s reputation. Given what everyone knows, how could publication of Daniels’s assertions influence a single voter’s intentions?

Many other wandering public figures come to mind. Certainly, Presidents Kennedy and Clinton. Said to be expert on the bedroom ceilings of rich men, Pamela Digby Churchill Hayward Harriman was Clinton’s ambassador to France.

Textbooks and case law forbid judges to hear cases where there could be a perception of bias. A landmark case involved an application by the Spanish government to extradite former President Pinochet of Chile from England. Lord Hoffmann was the swing vote in the decision that immunity did not prevent extradition. The House of Lords set aside that judgment because Lord Hoffmann had been chairman of Amnesty International, which had campaigned for Pinochet’s prosecution. The judges said that the Amnesty link was an automatic disqualification for sitting on the case.

During the 2022 truckers’ protest in Ottawa, Chief Justice Richard Wagner made outlandish comments about an incipient revolution. The Canadian Judicial Council, of which he is head,  exonerated him. By contrast, Justice Thomas Berger of the BC Supreme Court resigned gracefully after being scolded for non-partisan comment on the entrenchment of Indigenous rights in the Charter.

A typical case of conflicted judging is MediaTube v. Bell Canada, discussed at length in my book Justice on Trial. The plaintiff asserting that Bell stole the technology for FibeTV. The Federal Court’s trial judge, Justice George Locke, had been a partner in the firm of Norton Fulbright that acted for Bell. His decision in favour of Bell is gobbledygook. He acknowledged that Bell had constantly changed the description of how their system worked, as if they didn’t know that. Arguably, Bell and their lawyers McCarthy Tétrault committed the criminal offences of perjury and obstruction of justice. Justice David Stratas spoke for the appellate judges despite having previously represented Bell before the Supreme Court. In 130 words, he justified the exclusion of new evidence by citing a case that had analyzed the purported new evidence in 9,000 words.

Trump’s case follows ones described in Christie Blatchford’s book, Life Sentence: Stories from four decades of court reporting—Or how I fell out of love with the Canadian justice system (Especially judges). “The judiciary,” she wrote, “is much like the Senate. Like senators they are unelected, unaccountable, entitled, expensive to maintain and remarkably smug.”

Canadians as well as Americans need outside accountability for lawyers and judges. As US Supreme Court Justice Louis Brandeis once wrote, “If we desire respect for the law, we must first make the law respectable.”

Colin Alexander’s degrees include Politics, Philosophy, and Economics from Oxford. His latest book is Justice on Trial: Jordan Peterson’s case shows we need to fix the broken system.

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Crime

How Global Organized Crime Took Root In Canada

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From the Frontier Centre for Public Policy

By Scott McGregor

Weak oversight and fragmented enforcement are enabling criminal networks to undermine Canada’s economy and security, requiring a national-security-level response to dismantle these systems

A massive drug bust reveals how organized crime has turned Canada into a source of illicit narcotics production

Canada is no longer just a victim of the global drug trade—it’s becoming a source. The country’s growing role in narcotics production exposes deep systemic weaknesses in oversight and enforcement that are allowing organized crime to take root and threaten our economy and security.

Police in Edmonton recently seized more than 60,000 opium poppy plants from a northeast property, one of the largest domestic narcotics cultivation operations in Canadian history. It’s part of a growing pattern of domestic production once thought limited to other regions of the world.

This wasn’t a small experiment; it was proof that organized crime now feels confident operating inside Canada.

Transnational crime groups don’t gamble on crops of this scale unless they know their systems are solid. You don’t plant 60,000 poppies without confidence in your logistics, your financing and your buyers. The ability to cultivate, harvest and quietly move that volume of product points to a level of organization that should deeply concern policymakers. An operation like this needs more than a field; it reflects the convergence of agriculture, organized crime and money laundering within Canada’s borders.

The uncomfortable truth is that Canada has become a source country for illicit narcotics rather than merely a consumer or transit point. Fentanyl precursors (the chemical ingredients used to make the synthetic opioid) arrive from abroad, are synthesized domestically and are exported south into the United States. Now, with opium cultivation joining the picture, that same capability is extending to traditional narcotics production.

Criminal networks exploit weak regulatory oversight, land-use gaps and fragmented enforcement, often allowing them to operate in plain sight. These groups are not only producing narcotics but are also embedding themselves within legitimate economic systems.

This isn’t just crime; it’s the slow undermining of Canada’s legitimate economy. Illicit capital flows can distort real estate markets, agricultural valuations and financial transparency. The result is a slow erosion of lawful commerce, replaced by parallel economies that profit from addiction, money laundering and corruption. Those forces don’t just damage national stability—they drive up housing costs, strain health care and undermine trust in Canada’s institutions.

Canada’s enforcement response remains largely reactive, with prosecutions risk-averse and sentencing inadequate as a deterrent. At the same time, threat networks operate with impunity and move seamlessly across the supply chain.

The Edmonton seizure should therefore be read as more than a local success story. It is evidence that criminal enterprise now operates with strategic depth inside Canada. The same confidence that sustains fentanyl synthesis and cocaine importation is now manifesting in agricultural narcotics production. This evolution elevates Canada from passive victim to active threat within the global illicit economy.

Reversing this dynamic requires a fundamental shift in thinking. Organized crime is a matter of national security. That means going beyond raids and arrests toward strategic disruption: tracking illicit finance, dismantling logistical networks that enable these operations and forging robust intelligence partnerships across jurisdictions and agencies.

It’s not about symptoms; it’s about knocking down the systems that sustain this criminal enterprise operating inside Canada.

If we keep seeing narcotics enforcement as a public safety issue instead of a warning of systemic corruption, Canada’s transformation into a threat nation will be complete. Not because of what we import but because of what we now produce.

Scott A. McGregor is a senior fellow with the Frontier Centre for Public Policy and managing partner of Close Hold Intelligence Consulting Ltd.

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Business

The Payout Path For Indigenous Claims Is Now National Policy

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From the Frontier Centre for Public Policy

By Tom Flanagan

Ottawa’s refusal to test Indigenous claims in court is fuelling a billion-dollar wave of settlements and legal copycats

First Nations led the charge. Now the Métis are catching up. Ottawa’s legal surrender strategy could make payouts the new national policy.

Indigenous class-action litigation seeking compensation for historical grievances began in earnest with claims related to Indian Residential Schools. The federal government eventually chose negotiation over litigation, settling for about $5-billion with “survivors.” Then–prime minister Stephen Harper hoped this would close the chapter, but it opened the floodgates instead. Class actions have followed ever since.

By 2023, the federal government had paid or committed $69.6-billion in 2023 dollars to settle these claims. What began with residential schools expanded into day schools, boarding homes, the “Sixties Scoop,” unsafe drinking water, and foster-care settlements.

Most involved status Indians. Métis claims had generally been unsuccessful—until now.

Download the Essay. (4 pages)

Tom Flanagan is professor emeritus of political science at the University of Calgary and a senior fellow of the Frontier Centre for Public Policy.

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