Wednesday, April 14, 2010

Truly blind justice

Welcome to the new era of Kafkaesque Canada where only the government lawyer in a quasi-judicial proceeding can see the evidence that's been blacked out and that is at issue before the court. And he'll tell the witness what his opinion is of it, in fact giving evidence himself. But the witness can't see the evidence, to make reference to it, even if he wrote it. In fact, no one can challenge the government lawyer's opinion of what he has seen in the unredacted documents and which he has just given his opinion of to the proceeding. Which is highly troubling because the text referred to is the subject of contention between the government lawyer and the witness.

It's the scene, some kind of alien procedural fairness has descended upon us and it's what played out at the Military Police Complaints Commission yesterday.

The Globe gives a sense of the exchange but it's best to take in the government lawyer on video. The stunning moment is captured on the video here at about the 10:10 mark (you can fast forward).