Issues behind the ‘judg

Q. What is behind all the flack
created by the so-called ‘judges’
case?”

A. Now that the noise has

lessened, it may be useful for pro-
gressive-minded Canadians to look
into the real issues surrounding the
Case, issues which the Con-
Servatives and NDP chose to
ignore.
_ All their fire was centred on the
interference by various cabinet
Members into the rulings of the
judiciary. The claim was made
that the independence of the
Judiciary was trampled upon.

In order to create the impression
of a government assault on
democracy, Mr. Broadbent, leader
of the NDP, even spoke about one

law for the rich and powerful, and
another law for the not so rich and
powerful.” In short, everything
was done to create the impression
of a Watergate— Canadian style —
with Messrs. Clark and Broadbent
Joining in a crusade to save
democracy in Canada.

Q. How much truth is there in
the allegation?

A. Very little, if any.

What has been forgotten in this
entire exercise is that the whole
business started when Mr. Ouellet,
minister of consumer and cor-
porate affairs, declared, after Mr.
Justice Kenneth MacKay had
denied there was price-fixing in the
Sugar industry: “‘I just cannot
understand how a judge who is
Sane could give such a verdict.”

For this he was charged with
contempt of court, and is presently
appealing the sentence.

Was there price fixing in the
Sugar industry? Mr. Justice
Kenneth MacKay says there was
None. This is an opinion but it is not
the voice of God. How many
Canadians actually believe there is
NO monopoly price fixing in in-
dustry? Indeed, a Royal Com-
Mission on Corporate Con-
centration was established by the

‘Interview with
Communist Party leader
Wiliam Kashtan

government not so very long ago to
look into that as well as other
aspects of corporate con-
centration.

The quick reaction of the
judiciary and of Justice Hugesson
to Mr. Ouellet’s remarks is in-
teresting indeed. Does it arise from
q fear that inadvertently Mr.
Ouellet had touched a raw nerve
about price fixing or about the
validity of a legal judgment, and

his

ANDRE OUELLET
remarks started it all.

thereby undermined the authority
of the courts? Was this a warning
not to delve into the affairs of
corporate power or to dare
question the authority of the
courts? But should the judiciary be
above questioning or criticism?

A big to-do is made of the fact
that judges were spoken to by
ministers of the Crown. An im-
pression is being created that
judges are never spoken to in cases
in which they are involved. But
everyone knows that this is not so,
that whether it should be done or
not, this is the way business is
done, that it is indeed normal
practice in the world of capitalism.

Why then was such an issue

made in this particular case? Was
it due to the fact that the question
this time is of a social character,
for example, price fixing? Or is it
due to political motivation? Mr.
Lalonde for example was alleged
to have spoken to a judge in 1970.
Why is it raised in 1976?

The judges’ case raises the
question, not of whether Mr.
Ouellet was guilty of contempt, a
charge which is presently being
appealed, but whether the

judiciary is really independent. It» =

is this attack on the so-called in-
dependence of the judiciary which
seems to have aroused the anger of
Messrs. Clark and Broadbent. The
very idea that the independence of
the judiciary could be challenged,
even if only indirectly and by
accident, so to speak, seems to
have been to much for these
gentlemen, the mass media and of
course of monopoly generally.
But the question remains — is
the judiciary really independent?
Independent of what? Is it above
classes or is it part of the super-
structure of capitalism and
directed to uphold private property
relations? When one speaks of a

Jaw for the poor and a law for the

rich, is this merely a loose term or
an expression of a reality in
capitalist society? The fact that the
courts may from time to time
uphold democratic rights which
the people fought and died for does
not invalidate this basic charac-
teristic of the judiciary system.
Moreover the social composition of
the judiciary, their connections,
including their connections with
the Liberal and Conservative
parties, hardly suggests the in-
dependence of the judiciary. After
all, they were not elected. They
were appointed by Liberal and
Conservative governments. They
are part of the Establishment.

And yet Mr. Broadbent pretends ~

that the judiciary is independent
and above classes.

One can understand the position
of Mr. Clark who is trying to win
his spurs as the new leader of the
Conservative Party. But how can
one understand Mr. Broadbent, the
leader of the NDP who seems to be
carrying the ball for the Con-
servatives? There was no question
of the independence of the
judiciary being threatened.

There was no question of
democratic rights being involved.
What then was Mr. Broadbent
championing? What he seems to
have become involved in is the
upholding of the authority of the
judiciary in a decision which
declares. price fixing is
nonexistent. What he has become
involved in is the upholding of
existing property relations instead
of the real democratic rights of the
working people.

One gets the impression that Mr.
Broadbent wanted to show how
well he can fight, after showing

how poorly he and the NDP right
wing fought against the wage
restraint program of the govern-
ment and of monopoly.

It’s a poor show and the working
class movement out to learn from
this. This is not why working
people voted for Mr. Broadbent
and the NDP.

We need battlers in Parliament
to uphold the real interests of the
working people.

We need an investigation alright,
but it should be an investigation of
what is underneath the so-called
judges case, that is, of a judiciary
system which ought to be
democraticized.

Weneed an investigation alright,
but an investigation of price fixing
and the anti-people’s and anti-
national role of monopoly.

If this were done something
useful might yet come out of the
judges case.

By MAURICE RUSH,
Editor

1976 is an historic year for
the Pacific Tribune. This
year marks the start of the
fifth decade in which our
paper continues the fight for
a better life for the people of
B.C. It promises to be a
decade of great struggles,
and victories in the cause of
peace, democracy and
Socialism.

Last year the Pacific
Tribune celebrated the end
of forty years of publication
of B.C.’s fighting working
Class weekly paper. During
most of that time it was the
only weekly working class
paper which championed
the needs and interests of
labor and the people. During
all those years we never
Once strayed from our

cause of labor.

Last year the working
people of B.C. celebrated
the 40th anniversary by
contributing more than
$40,000 to our financial
drive. It was an outstanding
demonstration of the feeling
of militant workers for our
paper and a recognition of
the important role it plays in
the people’s struggles.

As’ we enter the fifth
decade in our paper's
history, great struggles face
the working people of B.C.

loyalty and devotion to the

Not since the Hungry
Thirties have we seen such a
sweeping attack on workers”
living standards by both
provincial and_ federal
governments.

Big business and every
level of government in
Canada have joined in
support of Trudeau’s wage
freeze program.
Everywhere workers are
mounting a militant fight
back to protect their living
standards and hard won
labor rights..Not since labor
first won the fight for the
right to organize and
collective bargaining many
decades ago, has the trade
union movement been under
such vicious attack.

in B.C. the Pacific
Tribune is the only weekly
paper which speaks out
against the wage freeze
program and fights for unity
to beat back the big business
offensive.

We enter the fifth decade
of the publication of our
paper with the most right
wing provincial government
in the more than 100-year
history of our province. The
last budget, as in everything
it has done since being
elected, the Socred
government has indicated
that it intends to press
forward with its slashing
attack on working people

MAURICE RUSH
Editor

and those on low incomes.
The main victims of
capitalist exploitation are
singled out by the reac-
tionary gang in Victoria as
the target of their attacks.

The Pacific Tribune is the
only weekly paper in the
hands of the people with
which to expose the Socred
attack and lead the fight
back.

Wherever one looks in this
first year of the fifth decade
of our paper - in B.C., across
Canada, around the world —
one sees rising struggles of
the people to expose reac-
tion and imperialism “and
safeguard the peace and
independence of people.

These are only some of the
reasons why — in this im-
portant year, 1976 — that the
working people of B.C.

$40,000 for the Tribune’s fifth decade

should rally around their
fighting paper and ensure
that we not only raise our
target of $40,000 in the next
two months, but go sub-
stantially over it.

That money is needed not
only to guarantee that we
will be able to publish and
hold our own at a time when
printing and other costs are
skyrocketing. We have
decided to answer the
challenge of the times we
live in by extending the size
of the. B.C. section of the
paper. This year, for the
first time, we are budgeting
to produce a full six B.C.
pages (plus six from the
National Tribune), and to
retain all the features we
introduced in recent years
such as color and extended
photography.

We in the Pacific Tribune
feel that this is not the time
to cut back or retreat with
our paper. We want to go
ahead to a bigger and
livelier paper so that we can
play an even bigger part in
the fight back of the people
for a decent life. We are sure
our readers will agree with
us.

But that agreement is not
enough. It has to find ex-
pression in increased
financial support for the
Pacific Tribune, even
though it may entail greater

‘material to you. To our

oy

sacrifices than ever for our
readers.

By the time you read this
nearly two weeks of the
drive will have gone. We
must not let a day go by
without doing something
towards our goal of $40,000
by the time of our Victory
Banquet on June 19.

I appeal to you to help us
lead the FIGHT BACK by
helping us fulfil our
financial drive objective
and ensuring that the
Pacific Tribune continues to
publish and extend its in-
fluence at a time when it
was never needed more.

If you have not yet sent in
your contribution, please do
so at once. If you can help by
collecting contributions or
selling tickets, please write
us and we will forward the

numerous press. clubs
throughout the province we
appeal to them to bend
every effort to over-
subscribe their objectives.
In the forty years of our
existence the working
people of B.C. have never let
us down. Now as we enter
the fifth decade of the
progressive working class
press in B.C., we are certain
our supporters will rally
around the Pacific Tribune
and make our 1976 drive an
overwhelming success.

PACIFIC TRIBUNE—APRIL 9, 1976 Page 3