QUESTION PERIOD — Foreign Affairs
Hong Kong Court of Final Appeal
May 19, 2022
Honourable senators, my question is for the Leader of the Government in the Senate. Your government talks a good game about democracy, not just here at home but also around the world. You have been talking a lot lately about the rise of authoritarianism — unfortunately using it as a backdrop to curb free speech here in Canada.
Senator Gold, why isn’t your government doing more to tackle real authoritarianism around the globe? What is the Government of Canada’s position regarding the Honourable Beverley McLachlin’s role as an overseas non-permanent member of the Hong Kong Court of Final Appeal? Does the Government of Canada believe former Chief Justice McLachlin’s continuing membership on this court lends legitimacy to China’s interference in Hong Kong’s legal system?
Thank you for your question and your ongoing attention to the serious human rights violations in China and the crackdown on freedom in Hong Kong.
The government continues to work with its allies to do what it can in this regard. With respect to your question regarding former Chief Justice McLachlin, that’s a decision that the former chief justice has made and I have no further comment on that.
Government leader, you’re absolutely right. This is a very serious issue, and it requires serious action. Two senior British judges stepped down from their roles with the Hong Kong Court of Final Appeal in March, one of whom issued a statement saying that he:
. . . cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression.
Since these resignations took place earlier this year, has there been any communication between the Government of Canada and the former chief justice about her continued membership on this court? Please, government leader, don’t say that it would be inappropriate to do so, because your government had no problem reaching out to Ms. McLachlin during the SNC-Lavalin scandal.
So, yes or no, has your government been in touch with the former chief justice on this matter? If not, why not?
Thank you for your supplementary question. The government has enormous respect for former Chief Justice McLachlin, the contributions she made to the Supreme Court and to our jurisprudence.
I have no knowledge whether there were communications between the government and Justice McLachlin.
