In a recent
fascinating interview in the
Financial Times, the secretary general of the United Nations, Ban Ki-moon, recounted his horrifying experience as a six-year-old Korean refugee who later came to idealize the UN as a “beacon” of hope in the world.
He has quietly walked the international minefields of wars, famine, poverty, ticking environmental clocks, and the increasing squalor of refugee camps trying to find some consensus among individual nations whose interpretations of rights and beliefs are often at odds.
His style was described as Confucian, not flashy, perhaps uncharismatic, but an approach necessary in a deeply divided world. Confucius, of course, is described as the Chinese philosopher who promoted a system of social and political ethics emphasizing order, moderation, and reciprocity between superiors and subordinates.
As I read the interview, my thoughts were drawn to how similar the secretary general’s character and approach was to another’s, that of the late justice Marc Rosenberg of the Ontario Court of Appeal, a “beacon of light” for justice in Canada and indeed the world, who lost his life this summer.
He was an oracle of criminal law, a brilliant man of humility and grace, and demonstratively irreplaceable. He also was a citizen of the world.
These two men likely never met. Nevertheless, their dedication was to a better universe and a quite reasoned approach to conflicts and rights on the world stage, and indeed for justice Rosenberg, in the established and developing courtrooms around the word.
The rule of law and the respect for human rights are the building blocks, the mortar to a better world. The rule of law blunts the need for war, greed, and poisoned nationalism.
Respect for human rights will ultimately lead to a distribution of wealth, the preservation of the environment, and respect for the diverse cultures, communities, and individuals on this planet, and, of course, a respected justice system.
It is enlightening to compare these two men.
As secretary general of the UN, Ban Ki-moon has visited many nations to promote inclusion and support for the principles of the United Nations founded after the destruction of the Second World War.
Justice Rosenberg also visited many nations in his mission to enhance judicial education and reform, from the simplest developing judicial system to the more advanced.
Ethiopia, Vietnam, Chile, Ukraine, China, Scotland, and Australia all benefited from the wisdom of his mission to teach and enhance justice using our Canadian system as a template.
Canada has historically played an important role supporting the efforts of the United Nations.
Our early peacekeeping role was singularly recognized around the world. Our humanitarian and just society was envied by millions. Our support for UN efforts at global peace stood out among many nations. Our country was instrumental in the establishment of the International Criminal Court, the landmine treaties, and universal duty to protect.
Our leadership against apartheid in South Africa was groundbreaking. We seemed to adopt a Confucian consensus approach to international skirmishes, disagreements, and the respect for human dignity.
Our foreign affairs departments were proactive, respected, and we punched well above our weight. From Lester Pearson to Louise Arbour, Roméo Dallaire to Stephen Lewis, to name a few, Canada was a beacon on the international stage, welcoming and welcomed.
As I read the interview with the secretary general and thought about the contributions justice Rosenberg made, it seemed that we are out of sorts in this country and on the international stage. We seem to have become downsized in our international energy and status, perhaps more guarded and reticent in our embrace. The refugee crisis is an example.
Perhaps our profession may not be leading as it should. Our Canadian democratic institutions are likely the finest on the planet. Preserving and enhancing them on a world stage was justice Rosenberg’s mission, which we should cherish and emulate. His passionate dedication is a light we cannot afford to let dim.
Justice Rosenberg was an inspiration to so many, his colleagues on the bench, counsel who appeared before him, and hundreds of judges that he spellbindingly taught through the National Judicial Institute and many other forums in Canada and around the world. He was an unparalleled teacher, and his impact on the Canadian and international judiciary will remain invaluable and without measure.
The remarkable George Thomson, an international educator and himself a citizen of our world, spoke at Marc Rosenberg’s funeral, saying “he carried his lifelong concern for the vulnerable, for the accused caught up in the criminal justice system into his work as an educator.” Justice Rosenberg remained energized and engaged in the vocation he chose.
Interestingly, President Barack Obama said in the last few days that Pope Francis was “shaking us out of complacency.” There was nothing complacent about justice Rosenberg.
There is no appeal of the untimely verdict of his death. However, we can meaningfully honour him in a very concrete way.
On Oct. 19, justice Rosenberg would have cast his ballot in the upcoming election to thoughtfully honour and preserve the democratic institutions of justice in this country. I urge each member of our profession to eulogize his memory by voting for whatever candidate they choose, and in that way ensure that we, too, are citizens of the world.
