Opinion: In a free society, the government can, and sometimes must, direct the police

In these pages last week, we discussed the central importance of the rule of law and its implications for the pipeline protesters. Here, we focus on one specific aspect of the rule of law: the duty of government actors to enforce the law, in the present case by directing police forces to bring an end to railway blockades.

Executive power has long been thought to be the greatest danger to the rule of law. While all three branches of the state — legislature, executive and judiciary — are capable of undermining legality, the executive can wield arbitrary power swiftly and without warning, with the entire might of the state at its disposal. For the most part, this takes the form of aggressive action that goes beyond what the law permits.

The Supreme Court of Canada has affirmed the principle of police independence in the context of “criminal investigations.” But having regard to the language of the RCMPA, the court expressly left open the possibility that the government could direct police in other matters.

Police independence can be compared in some respects to prosecutorial independence, which came into the limelight last year during the SNC-Lavalin scandal. Neither concept is absolute and both deal with discretion in individual cases. Both seek to prevent a process that ought to be neutral from being corrupted by partisan politics.

cselley The government is directing the police. In this case not to interfere with the First Nations. The OPP look like idiots watching people break the law but their hands are tied by politicians in T.O.

Justin Trudeau has stated and we are seeing g his belief police decide which laws to obey. This is precursor to his ideology of UN TROOPS enforcing control. History shows police are ALWAYS under the control of the advancing dictator who eliminates freedoms then brings in police.

When police take orders from the government they are serving the state. When that becomes the norm, the people become the enemy of the state.

PatriotLov Trudeau is not in charge in Canada and he certainly will not be in charge of China, France, Russia, the US and the UK on the Security Council with the UN-your tax dollars at work where ever he goes -nothing will get done

No because we are international democracy never national. In Greece,only strong nation create good democracy for Citizens.Trudeau created international democracy and made slaves in his nation(dictatorship) what means one nation death (Canadian citizens)for the world democracy

Well at least you stopped screaming about 'Lavscam'

Crack some heads

Arrest and remove send in riot police. Find out who they are and launch a civil lawsuit for loss revenue. Everyone one of those asshats need to be held accountable

The government needs to govern for the many not the few, it must govern with facts with eyes looking to the future, it must govern for the strength of the country not individuals, if the country does not prosper neither do individuals. Blocking infrastructure blocks the future

It's clear the Trudeau Liberals do and have been manipulating their public discourse to their advantage when talking about [their] powers over police/justice/rule of law. This is the tactuc of a dishonest, untrustworthy Lib. gov. that deserves a no-confidence vote in parliament.

All police want is politicians to have their back if it gets messy

Opinion: how many actually believe Trudeau govt didn't direct the RCMP investigation on Vice Admiral Norman? Who believes the Trudeau govt did not tell the RCMP to stand down on SNC Lavalin? Who told the RCMP to stand down on nation wide blockades? Corrupt at the highest levels.

Maybe, but it’s a slippery slope.

When you have laws for special interest groups and another for ordinary Canadians, then I wonder if we really do live in an open and free society.

What happened to freedom of speech? Or is that just for private industry in this apparently “free” society?

When hasn't a free society paid for it in lives. A knuckleheaded statement. Direct the police oh ouch!

The way democracies survive is when the police aren’t willing to kill people for the amusement of rich people and their pathetic toadies like Asher Honickman. This man is getting sexually aroused at the idea of using “the law” as an excuse to beat people

I thought that’s what civilian control of the police meant.

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