HomeMy WebLinkAboutThe Goderich Signal-Star, 1975-05-08, Page 27ga
Ia.w and liberty needed
udges
The Goderich Lions Club
recently, sponsored a dinner
and evening for the town
council and invited County
Judge Frances Carter as guest
speaker.
Judge Carter outlined some
of. theaproblems plaguing
''toda '> ociety and offered his
opini� A'.n the reasons for some
of these ' probl'eins 'and their
possiblecure.
The texttof his speech is as
follows:
"I do not think it necessary to
tell you that we are living in
times of great social, unrest.
You know that. Every day we
are aware of some action being
taken to cure real or imaginary
grievance by methods ranging
fxom peaceful negotiation to
violence.. We are --living in a
world where even those - I
might say particularly those --
who occupy positions of
leadership and authority are
under constant attack and
scrutiny, and • indeed' recent
happenings to the south of this
nation showed the scrutiny to
be justified. Civil disobedience,
lack of integrity in 'business,
racial discrimination, colour
discrimination, sex
discrimination, religious
discrimination, the non-
medical abuse of drugs, fear or
irreparable environmental
damage, fear of drying up of
energy supplies, food shor-
tages., the increasing invasion
of one's privacy, .th,e disin-
tegration of the family, the
inability of the churches to
provide effective leadership,
inflation, social. 'per-
missiveness, unemployment
° and recession, are but a few of
the evils which escaped from.
,Pandora's Box which . are
disturbing our world today.
"The area of my concern,
however, is the l'aw, and I
would like to take some time to
discuss this problem with you
this evening.
'What is the law? It is a body
of rules -which ,a society
recognizes as binding on its
members. Most of us, 'when we
think of the law, think of the
police, because, to most of us,
the,,.la:w means criminal law,
and rightlyj'o, because it is the
criminal, law which protects
,our most fundamental -rights,
the right to our lives, the right
to personal security of our
person, and the. '=right to our
possessions. Anyone who
says �
knowlingly violates those.righis
is guilty of a crixne. Why do we
think of the police? Because we,
also. know that, if laws are not
enforced,' • they become
..valueless, and society. loses the
very' protection the law was to
ensure. Basically then we have
a criminal law for our own self-
protection,
"We hear a great deal of talk
today about people's rights,'
privileges and liberties. So
much so that you would almost
be led to believe that, in order
to have liberty, the law must be
abolished.. Nothing could be
farther from the truth, for
without law there can be 'no
liberty, for' the law 'ensures to
each one of us, not an absolute
liberty -for no society can
continue to exist if every one of
its members tan do as he likes -
but a liberty under law which
protects each of us from,ar-
bitrary interference from- his
fellows.
"And when we are talking
about rights and privileges we
must remember that respon-
sibility is the other side of that
coin. Somewhere I read 'An
unfortunate. trend' in our
country is the increasing
tendency on the part of many of
our citizens to think and talk in
terms of the rights and
privileges of the individual in a
democratic society, with a
lessening inclination to stress
the responsibility of the in-
dividual. I should like to em-
phasize that it is, the respon-
sibility of the individual, rather
than his rights and privileges,
-that gives him '-hi's strength and-
gives democracy its strength.
"What then can we say about
law and liberty when we con-
sider the state of ,our nation
today? Only yesterday the
news media reported a steady
increase in the crime rates in
the cities. The number of
robberies in Ottawa in 1974 is
said to be up 86 percent over
1973 and the number of armed
robberies has almost doubled'
there in the same period. Nor
can we be complacent in this
area. Today's London Free
Press carries an article which
states that the use of cocaine
has increased dramatically in
an area which could include
"the Waterloo region, Stratford
and 'Grey, 'Bruce and ' even
Huron Counties The increase
in thefts under $200.00 was said
to be fantastic. And the
quantities of cocaine seized,
previously in- the $5 and $10-
price range has now jumped to
the $500 -price range.
"What is the cause of this
steady increase in crime? The
'Solicitor General of Canada,
.Hon. Warren Allmand, put
forward many theories in.,
eluding violence on the media,
inflated crime reports by the
police, ' lenient)' judges and
parole, permissiveness, loss of
traditional values,, and a
greater, number of people in the
14 = 30 age bracket. There is no
doubt that violence portrayed
in the media, particularly that
on TV and I am. not referring
solely to' the violence seen in so
many movies - but also to the -
constant portrayal of war and
the effects of war on the news-
casts. 'There'
ews-casts.'There' is no doubt that,
after continued exposure to this
type of thing, our sensibilities
are dulled, and we no longer
react with the sense of shock
and outrage we exchibited the
rt
0
first time- we saw these things..
We are losing our sense of
compassion, we are becoming
conditioned to cruelty, to man's
inhumanity to man.
"And what of the permissive
society? To me, saying we have
a permissive 'sodiety and
saying we have lawlessness are
one and the same thing. One is'
not the cause of the other. But
who is ,to blame - the
legislators?' the Judges? No,
my friends, it is us, all of us, for
these things would not happen
if • we did not permit them to
happen. We get . the kind of
society we 'deserve, no better,
no less. And if traditional moral
values have been lost, who is to.
blame? How often do we tell
our children that our fathers
add mothers would not allow us
to get away with the things they'
get away with. That we didn't
have the things they have? But
who lets • them get away with
things? Who , gives them the
things
they have?
She's come a long way -
remember her -with cards by
Gordon Fraser, "a lovely dried
• floral_ piece, or just .something.
different.
Lewis maiden
voyage provides a
days excitement
Ontario New Democratic . Party, leader Stephen Lewis
missed the boat so to speak Saturday that caused a delay in a
speaking engagement the NDP leader had scheduled for
Goderich. "
Mr. Lewis and his father David had been in Massey and
Blind River the previous day and decided to take the Ontario
:government's new ferry Chi-Cheemaun, from South
Baymouth to Tobermory when complications caused what
Mr. 'Lewis termed "More excitement than one can abide in a
day. . . '
The ferry delay threw Lewis' schedule awry and he -'came
directly to Goderich from' Tobermory abandoning an
engagement in Port Elgin. ,
The Lewis' boarded the ferry at 1:30 p.m. and shortly after
the trouble began. Mr. Lewis stated that in his 12 years in
. Ontario politics he has never ridden the ferry and the sub-
cpsequent complications that occurred on his maiden voyage
"could start'one to believe in conspiracies.
Only fifteen minutes after boarding the.ferry Mr. Lewis
""recalled the " captain's voice carne over the loudspeaker
asking, "is there a diver in the neighbourhood?"
The call came after one of the ship's hands had entangled
an anchor. line in the propeller. The rope had wound itself
around the propeller and there was a second directive from
the captain to man the lifeboats. .
'Immediately five • crew members clambered into a
lifeboat which began ft:tending into the water. As the
lifeboat made its way towards the water it hit the side of the,
ferry on three occasions with resounding thuds that sent -the '" "
crew flying in different directions. " •
Mr. Lewis, watching the proceedings from the deck of the
ferry, stated sarcastically that `safety drill was certainly not
something that was overdone on that boat.'
Once ,the lifeboat had reached the water the crew im-
mediately m-obnted the ' oars in the oarlocks and began
flailing helplessly and unrhythmically at the water.
"It was really something to see these five Men rowing in
different.directions so the boat moved in a crab-like.fashin,
really going nowhere," Mr. Lewis said. "It looked like five
handpicked members of the Ontario Liberal Party."
A diver finallyfreed the entangled rope from the propeller
-although Mr. Lewis claims it took some doing since he cut
himself more 'than the rope. The ferry finally pursued its
' normal course and the captain, .obviously ,,embarrassed
spoke at great length with Mr. Lewis.
"The captain was obviously frantic that I should discuss
the incident in public," Lewis said, "but I assured him that
the story would never, ever cross my lips."
'l
"And are the Judges too
lenientTIt all depends on whose
ox is being gored. If, .you or, I
were to stand in the dockof the
court 'we . would want the
charges against ,us proved
beyond a ..reasonable doubt.
And what as to punishment?
Would you have yourAudges
without compassion? ' Edward
Gibbon once said, " Whenever
the offence inspires less horror
than the punishment, the rigor
of penal law is obliged to give
way to the common feeling of
mankind. "
"Gentlemen, the point I. am
trying to makeis merely this:
Many of you here today fought
overseasnsure liberty for
ourselves our, children. Yet
today, that very liberty is being
threatened by a more insidious
foe, that is a general apathy in
society towards the rule -of law.
"What we need, what we
must strive for, is a proper
balance between law and
liberty. None of us wants a
police state, yet all of us wish to
live in a peaceful society. Ali -of
us must strive for this goal. We
mustn't let .George 'do it. We
must do it ourselves. And not at
the United Nations, Washington
or Ottawa, but here, here in
Huron County, h' re in
Goderich, for, this is where our
world, our community, is.
. "I should like to close my
brief remarks by quoting. the
words of a -great American
Jurist, the late Mr. Justice
Learned Hand who in language
which is among the most
beautiful to be found anywhere
expresses the ideal of Justice in
a spirit in keeping with this
occasion.
`Liberty lies in the hearts of
men and women; when it dies
there, no constitution, no law,
no court can save it. And what
is 'this liberty which Mist lie in
the hearts of men and women?
It is not the ruthless, and un-
bridled will; it not freedom to
do as one likes. That is the
denial- of liberty, and leads
straight to its overthrow. A
Society in which men recognize
no check upon their freedom
soon - becomes a society where
freedom,is the possession of
only a svage few; as we have
learned to our -sorrow. What
then is the spirit of liberty? I
cannot define it; I can only tell
you my own faith.. The spirit of
liberty is the spirit which is not
too sure that it is right; the
spirit of , liberty is the spirit
which seeks to understand the
minds of other men and
women; the spirit of liberty is
the spirit which weighs their
interests -alongside -:its own,
without bias; the spirit of
liberty remembers _ .that not
even a eparrow falls unheeded;
the spirit of liberty ie.the spirit.
of Him 'who,, :near'.
Years ago, taught
lesson it has never:, f earl'
has never quite "forgotten, that
there MAY be a isiogdoit, where
the least shall be heard and
considered,sidebyside with the
gr`eatest."
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