War crimes trial comes to Vancouver

Bush's alleged torture charges show up in Vancouver Supreme Court room

by Dan Crawford

On Thursday, September 29th at 10 AM inside the Supreme Court Building at 800 Smithe Street, Vancouver, you can watch history in the making and be witness to a defining moment for our country.

The case of Gail Davidson vs. Attorney General, scheduled for that day, could very well determine if the foundation of our country, the Canadian Charter of Rights and Freedoms, can be compromised for the benefit of our neighbour, the United States of America. Specifically, it will determine if exceptions can be made to our laws in order to exonerate a US president from his alleged involvement in the torture of a Canadian minor, Omar Khadr, and countless other detainees around the world currently being held by US forces and their allies.

On November 30th of 2004, Lawyers Against the War laid a “criminal information” against Bush in the Provincial Court of British Columbia, Vancouver, alleging seven counts of aiding, abetting and counseling the commission of torture at Abu Ghraib and Guantánamo Bay.

The hearing took place on December 6, 2004. A Provincial Court, Judge William Kitchen, in an extraordinary sequence of events, sealed off the court room, then acceded to the Attorney General’s objections and declared the charges null and void‚ citing Bush’s “diplomatic immunity.” This appears to be in direct contradiction of Canada's laws in regards to the handling of war crimes and torture.

Canada is bound by its ratification of the Statute of the International Criminal Court, signed 18 December 1998 and ratified 7 July 2000). Article 27.1 of that statute says: “This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.”

Furthermore, neither parliament nor the Attorney General of Canada possess the authority to grant any person immunity from prosecution for war crimes, crimes against humanity or genocide, or to suppress investigations and prosecutions by virtue of being the head of a foreign state or otherwise.

Judge Kitchen then finished his handiwork by placing a gag order on the lawyer, Gail Davidson, barring her from speaking about the case and her evidence against George W Bush.

Countless questions arise from the judge’s actions, such as, why the secrecy? The facts of torture of detainees are very much on the public record. Exactly what is Gail Davidson being silenced about? What exceptions are being made to Canada's laws and why are these being made? Where is Canada's mainstream media on this, and why do they not consider this news?

For those who can, go to the Supreme Court Building on the morning of September 29th. Just past the entrance is an information page outlining where a case will be heard. Find the entry for “Gail Davidson vs. Attorney General” and make your way to that room and find yourself a seat. Then sit back and watch as Canada's judicial system does something extraordinary. Our laws will either be upheld or they will be compromised. No matter what the outcome, one thing is certain: You will be a witness to Canadian history.

****