GUNTER: Wilson-Raybould’s troubling ‘lay down your tools’ legal directive

She had had her successes – the legalization of marijuana and medically assisted dying. But she had also introduced amendments to impaired driving laws that permit police to demand a breath sample even if they have no reason to believe you’ve been drinking. Officers may even come to your home up to two hours after you finish driving and demand you blow.

She also changed the Criminal Code to make it very difficult for men to defend themselves against sexual assault allegations and she changed court procedures so juries can be stacked against non-Indigenous defendants in cases in which the victim is Indigenous.

Wilson-Raybould’s “progressive” activism came close to reversing the onus in important criminal cases from “innocent until proven guilty” to “guilty until proven innocent.”

Wilson-Raybould sent out a document entitled Directive on Civil Litigation Involving Indigenous Peoples.

Indigenous organizations are now to go largely unopposed in court.

Last week, the Federal Court of Appeal allowed six Indigenous appeals of the Trans Mountain approval to proceed mostly because Ottawa’s lawyers raised no objections, introduced no documents, offered the court no information on the extent of consultations Ottawa had engaged in with over five dozen First Nations communities.

The practical effect of Wilson-Raybould’s directive is that a vital pipeline that has been the subject of the most extensive environmental and Indigenous consultations in our history is at risk – again – because government lawyers were forbidden by their political masters from making even basic legal arguments in court.

This is the kind of stupefying thinking that will only get worse if the Liberals are re-elected, even if Wilson-Raybould is not part of their caucus.

NOTE: See Conrad Black opinion on JWR with attention to her ‘toolkit for indigenous in opposition to Canada.