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兰万灵丑闻:特鲁多应为欺负王州迪道歉

Why did Trudeau fail to respect the authority of AG?
来源: 大中报 南茜(Nancy Jin)



近期发表的道德专员报告认为特鲁多试图干涉SNC刑事起诉,因而违反了道德法。虽然特鲁多表示对所犯的错误承担全部责任,但他拒绝道歉。 特鲁多称:“我所做的一切就是在保护司法系统完整性的前提下,尽我所能保护加拿大的工作机会。”

Ethics commissioner report finds Trudeau breached ethics law by trying to interfere on SNC criminal prosecution process. While Trudeau has taken full responsibility for the mistakes made, he has refused to apologize. "What I did in this situation was do my very best to stand up for Canadian jobs, while at the same time, doing everything I could to protect the integrity of our judicial system."



特鲁多拒绝道歉的立场让我们不禁质疑他是否真正理解加拿大司法公正性和独立性的至高重要地位。但孟晚舟一案证明似乎他对司法至上有着深刻的理解。面对中国要求释放华为财务高管的要求,他曾紧抱法律至上原则不放,称要严格遵守法律程序。他曾极力反对川普欲在政治上干预华为案;他解雇了认为逮捕孟是出于政治动机的麦家廉;他还对前总理克雷蒂安取消孟的引渡听证会、从而结束与中国的激烈争端之要求予以言辞拒绝。

Trudeau's position raises the question of whether he understands about the impartiality of Canadian Justice and the utmost importance of judiciary independence. It seems he did, as evidenced by Meng Wanzhou case. He had clung tightly to the rule of law assertion in facing China's demand to release the Huawei executive. He backlashed against Trump for wanting to intervene in Huawei case politically. He fired John McCallum for suggesting the arrest of Meng was politically motivated. He rejected former Prime Minister Jean Chrétien's request to cancel Meng's extradition hearing to end a bitter dispute with China.



“加拿大是法制国家,一切将遵从法律规则。”特鲁多政府反复声称道。他们的法律至上主张曾让那些多为逃离“党凌驾于法“的专制政府而移民加国的华裔们肃然起敬,钦佩不已。我曾撰文,赞扬特鲁多和方慧兰坚持不懈地捍卫加拿大的司法独立之精神。

"Canada follows the rule of law," Ottawa repeatedly claimed.  The Liberals' rule of law assertion has impressed many immigrants escaping an authoritarian government, where the communist party always dictated the administration of justice. I wrote a column commending Trudeau and Freeland, tipping my hat to their remarkable persistence in defending Canada's judiciary independence.

然而,特鲁多未能理解的是负有捍卫司法尊严之使命的加国司法部长的权威。是推翻公共检察官的决定,还是让兰万灵接受司法程序的检验,这完全应由、且只能由司法部长来决定。作为加国总理,他必须尊重这个决定,无论司法部长是谁,也不管她是否是来自土著社区的一名女性。
 
However, what Trudeau failed to understand is the authority of the attorney general who has a responsibility to defend the rule of law. Whether to overturn public prosecutor's decision or to let the prosecution run its course is the decision of the AG and her decision alone. He must respect that decision, no matter who the AG was, whether she was a woman from an indigenous community.



但相信正义在手的特鲁多认为他所做的一切都是以加国老百姓利益出发,力保兰万灵企业的工作机会。难道不是吗?这么多政治上层的权利人士支持他,法律界最权威人士也向着他说话。他的同盟军包括渥太华的政治精英们:两名内阁部长和他们的高级助手,枢密院的书记员,政治顾问和兰万灵的领导层。前最高法院法官,当今兰万灵的法律顾问Frank Iacobucci认为司法部长进行干预是合法的。另一位前最高法院法官约翰•梅杰(John Major)也就类似观点做了表态。

Trudeau believed the justice is on his side because he intended to protect jobs and serve the interest of Canadians. He has a coalition of support and the advice of the nation's top justice at disposal. His alliance consisted of the power elites in Ottawa establishment -- two cabinet ministers and their top aides, the clerk of the Privy Council, political advisers and the leadership at SNC-Lavalin.  Former Supreme Court justice Frank Iacobucci, who is the legal counsel to SNC-Lavalin, believed that an intervention by the attorney-general would be legitimate. Another former Supreme Court justice, John Major, weighed in on a related matter.



特鲁多的理直气壮并不奇怪。这不明摆着吗?是那位不称职但又不听话的司法部长绝接受总理及其顾问明智建议。 王州迪在辞职后名声遭到攻击,被指控为无能部长,不能顾全大局。特鲁多的律师也指控王州迪和内阁同事之间常有摩擦,并称她的决定是在“误解法律和受政治动机的影响”下做出的。

It's no surprise that Mr. Trudeau believed his action was appropriate and justified. He also thought that it was the defiant and unqualified attorney General who resisted the sensible advice of the PM and his advisors. Jody Wilson-Raybould became the target of character assassination after she resigned, facing the accusation of incompetent and not a team player. Mr. Trudeau's lawyer alleged friction between the minister and cabinet colleagues and described her decision-making as "infected by legal misunderstanding and political motivation." 

应该为他试图通过威逼王州迪干涉刑事诉讼的耻辱行为而道歉。否则,自由党就会把其通过孟晚舟案件打造的诚实,尊重民主之政府形象毁于一旦,也给其“法律至上”的说辞蒙上一层虚伪的面纱。在联邦大选即将到来之际,特鲁多不光彩的行为也让我的和其他自由党支持者们在投票箱前对其失去信心。

Trudeau should apologize for his disgraced action of trying to bully Ms. Wilson-Raybould into interfering in criminal prosecution. Refusing to do so, the Liberals would ruin the image it pledged through Meng Wanzhou case– an honest government that holds democratic values to the utmost. It would also turn its "the rule of law" claim into hypocrisy. As the federal election looms large, Trudeau’s action has created uncertainty in the voting choices for me, who, along with many others, used to be strong Liberal supporters. 
 

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