Address by Prime Minister Jean Chrétien
to the National Judges College

February 13, 2001
Beijing, China

The National Judges College is a place that symbolizes both the legal reform process in China as well as Canada’s involvement in it.

In 1994, China was looking to modernize its legal and judicial system. During my visit that November we decided to work together on a project to improve the training of judges.

Those were the very early days of China’s reaching out to the world for models and advice on legal reform. Since then, much has been accomplished. Contract law has been improved. The criminal procedure law now better recognizes some rights of the accused. Citizens can now sue the government. Trials are increasingly open to the public. Legal aid is broadening access to the courts. Lawyers and judges are becoming better qualified.

For China, Canada or any country, actual implementation of a law is always a challenge. And many Chinese legal experts and citizens are quick to point out problems. More and more, citizens, legal experts, government officials, and others in China, are engaging in sophisticated debates about these issues; suggesting additional reforms that move toward consistency with international standards.

China took a significant step two years ago by affirming in the constitution the notion of "rule of law." The idea of the rule of law is much more than an arcane matter of theory for scholars and bureaucrats to debate and discuss. It holds great promise for improving the everyday quality of life of all of the Chinese people.

Because moving to the rule of law carries with it the subordination of all social, economic, political, and individual behaviour to an agreed set of codes and regulations. To have meaning, these rules must not be the exclusive preserve of a privileged few. They must be the common property of all citizens. They must be clear to everyone, taught to everyone and applied to everyone in a uniform way.

No one can be above the law. And no one can be forgotten by the law or denied its protection. And to be applied impartially, the rule of law means that there should be a clear separation of the prosecutor from the person who will ultimately pass judgement.

In that regard, we note that your five-year reform program of the People’s Court calls for further improvements with respect to the independence, impartiality, openness and probity of the courts.

I am pleased that Canada has been a partner of China in legal reform. In areas such as criminal law, women’s rights, human rights, and professional standards. This week marks the end of our five-year cooperation project on the training of judges. Your seminar aims to integrate into the teaching of the college what has been learned on such issues as the ethics and independence of the judiciary

An independent judiciary is essential to the rule of law. It must be free from undue influence of any kind -- be it from those with money or power.

In Canada, our judges are completely independent. And there are very strict mechanisms in place to protect their independence. Contacts between politicians and judges om matters before the courts are forbidden. And breaches of this rule have forced resignations.

The Canadian government and the Canadian people do not pretend to have all the solutions. But we are prepared to continue our exchanges and share our experiences and expertise with you, if you deem it to be of assistance. Exchanges already take place at a very high level between our supreme courts. Madame McLachlin has visited China twice since becoming Chief Justice of the Supreme Court of Canada, as have other highly regarded Canadian judges. Some of them are here today. Many of our pre-eminent law professors have worked with you as well.

During my visit, I have witnessed the signing of two new projects in the legal area: one to further develop legal aid and community services; another to contribute to the reform of the prosecution system and better ensure due process.

Today, I am also pleased to announce a small but significant initiative. We will provide support to train lawyers at the "Centre for Legal Assistance to Pollution Victims," which assists citizens take legal action in cases where pollution threatens their health or their livelihood. This shows the possibilities for citizens to use the legal system to protect their rights while encouraging sustainable development.

Ladies and gentlemen. since 1978, China has taken the path of reform and of opening to the world. The people of China have benefited tremendously from this choice. Enjoying impressive gains in their prosperity and quality of life.

China is about to take two more critical steps in this direction. First, joining the WTO. This will further stimulate economic development and change as well as additional reform to the legal system. Second, China has signed the two major UN Covenants on Human Rights – and, we are told, will soon ratify both. Because we believe that China lives by its word, these ratifications will contribute to greater respect for basic freedoms and individual rights.

This Canadians would applaud. For they have been disturbed by reports of the lack of such respect in the past.

Changes in the laws arising from membership in the WTO and the two UN Covenants on Human Rights will have to be enforced by the courts. Chinese citizens, as well as visitors and businessmen, will look to the courts in cases of disputes or violation of their rights. For no matter how well the laws are written, there can be no justice without a fair trial overseen by a competent, independent, impartial and effective judiciary. A judiciary that applies the law equally for all citizens, regardless of gender, social status, religious belief, or political opinion.

In Canada, the "rule of law" has been a pillar of our development. It has enabled our economy to grow and adapt to change. It has ensured individual and collective freedom, social stability and peace. It has made Canada an effective and creative force in the international community.

I believe that the "rule of law" offers the same promise for China and the Chinese people. And as judges, it will, in many ways, fall to you to deliver on that promise.

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