February 15, 2001
Shanghai, China

I am deeply honoured to be standing in the same spot where the father of modern China, Dr. Sun Yat-sen, spoke almost a century ago. He was a leader for the ages. With wisdom and foresight, he chose to use his brief moment at the centre of the long march of Chinese history to bring about positive change.

No one can predict where such leadership qualities will emerge in the life of a society, or the chain of events that bring together the moment and the leader. But your studies here have put you at the very heart of the sweeping changes that are at work in the China of your time.

The first time I came to Shanghai, the Pearl Tower was not yet built. I was shown Pudong, not what we see today, but the model of an architect. As hard as it is to imagine now, just seven years ago there were almost no highways or skyscrapers. The incredible new infrastructure that China has built in such a short time is a momentous achievement of which your entire people can feel justly proud.

But China is doing more than just building itself a "hard" infrastructure of roads and buildings. It is also in the process of building a "soft" infrastructure. A pillar of which is a modern legal system based on the rule of law.

It is impossible to underestimate the significance of the rule of law in a modern society. It is a profoundly inclusive concept. One that subordinates 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.

Of course, the rule of law is about more than just a dry set of rules. The rules themselves reflect fundamental values of right conduct.

The Canadian experience, and that of countries around the world, is that these values, and the rights that make them specific, are universal. They are endowed equally to all people, everywhere. Not on the basis of any special power or privilege, but purely and simply because they have been given the gift of life.

That is why we call them human rights. And they not only protect individuals from abuse. They empower them to contribute fully and creatively to building a stronger society.

Canada believes that frank discussion among nations about human rights can foster wider respect for and entrenchment of those rights. That while circumstances and experiences may vary from nation to nation, we all share a sense of what is just, what is right.

True friends are never shy about exchanging views on important issues. And so, as a friend, I must tell you that Canadians are concerned when they hear reports from China of interference in the right of free expression. Or that people are imprisoned and badly treated for observing their spiritual beliefs. These reports transgress our most deeply-held convictions.

Convictions that reflect our own experiences. Because we have seen what happens when the law is applied unevenly. When citizens are not protected equally. We have learned these lessons and challenged ourselves to build a more inclusive society.

That is why we have entrenched a Charter of Rights and Freedoms in the Canadian Constitution. I was Minister of Justice when we wrote the Charter. It is one of my proudest achievements in public life. Even so, I believe that building a just society is always a work in progress. It is never finished.

China’s legal system has taken important steps to respond to this challenge. With changes to the Criminal Procedures Act. The creation of a legal aid system. And defining clearly the roles of judges and prosecutors.

China is looking outward in developing its legal system. And I am pleased that Canada will fund a human rights conference at the Chinese Academy of Social Sciences this spring to look at the links between human rights policies in China and other countries. There are lessons that we can all take away which, I hope, will help us to cooperate more effectively.

One lesson is that in legal reform it is essential to "combine theory and practice." Canada is helping China do just that. For example, our joint programs bring together senior judges for training. And we are working with you to develop a nation-wide network of legal aid centres.

You are all students of the law. You know that a strong legal system is the foundation of a strong economic system. You know that average people must have their day in court and get a fair hearing, just like a rich business person or a leading official. You know that without legal reform economic reform can only go so far.

China is now on the threshold of joining the WTO. An historic step that will have a direct impact on many of you in this room.

Shanghai is the commercial center of China -- the "Head of the Dragon".

It is a magnet for foreign capital. But investors prize security above all else. They must feel confident that their investments are safe and protected by fair and transparent rules. That any disputes between an international and local partner will be decided in an impartial manner.

During this trip, I will witness the signing of over 200 business agreements between Chinese and Canadian partners. All 600 of the business participants who are a part of Team Canada 2001 will be reassured by the fact that you are being trained to make judgements based upon facts and clear, uniform rules. That any disputes they may have will be resolved transparently and fairly -- on the basis of law.

This is an enormous responsibility. But one that will ensure foreign investment will continue to power the growth and prosperity of China.

While membership in the WTO will entail legal reform, the signature of China on the two main UN covenants on human rights will also have far reaching implications. I hope that China will soon ratify these important international instruments. China has accepted the relevance and applicability of these rights in signing the covenants. It is now time to take the steps to ensure that they are recognized in reality, not just on paper.

My friends, good laws and even the wisest of leaders are not enough to build a dynamic, modern society. That requires the active participation of all citizens. There is no monopoly on great ideas. Not even on good ones. We must ensure that all ideas are heard. We must build an inclusive environment where everyone can contribute to their maximum potential.

One way of achieving this is through community-based organizations. This is often called civil society. At its heart, it is about people getting together to improve their lives and the lives of the people around them. In Canada, community organizations have formed to protect the environment, to support needy families and to defend the rights of women, minorities and the disabled.

I am proud that Canada is helping China to develop its own tradition of civil society. Here in Shanghai, Canada has supported the formation of a cancer survivor support network. I am also pleased to inform you today that we are going to assist professors and students from your university in establishing a Legal Aid Centre for migrant workers, in order to better protect their rights and improve their relationship with Shanghai residents.

These projects may be small now. But one person -- one seemingly small idea -- can make a big difference. All it takes is ideals, commitment and, above all, a desire to make a change for the better.

The East China University of Politics and Law has been a training ground for some of the finest leaders of China -- past and present. And it has been a privilege and a pleasure to be able to speak, today to, you, the next generation of China’s leaders.

In 1913, on this spot, Dr. Sun Yat-sen called on another generation of students to help build a modern China. He told them:

"When you have the light, show others the way. When you have the knowledge, teach it to others. The basis of a democratic country is education. With people who are always ready to learn, it is your duty to teach. Give unto others what you have received. Let your light shine."

The beginning of a new century, a new millennium, is a time to look ahead to where we want our societies to be at the turn of the next century. It will be up to you, the young people and future leadership of China, to help lead it there.

Your moment at the centre of Chinese history is coming. Do not be afraid to let your light shine. To use your wisdom and foresight to show others the way.

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