SOVEREIGN IN NAME ONLY

When U.S. Must Do Our Policing, Martin's Defiance Rings Hollow

It's fine in this election for Prime Minister Paul Martin to campaign
against the U.S., instead of Stephen Harper, with his apparently stern
warnings he will not be dictated to. But both Martin and his
predecessor have been pathetically weak in defence of the sovereignty
to which it is now electorally convenient for him to appeal.

This goes much beyond matters of national defence, although an
American submarine at the North Pole is a timely (and probably
intentional) reminder that Canadian claims in the High North depend
more on U.S. goodwill than Canadian ability to patrol it. (Harper's
proposal last week for three armed icebreakers to assume that role is
a suitable response.)

Canada's weakness can be seen in the cases of Conrad Black, Marc Emery
and Abdullah Khadr. All stand accused of activities that are illegal
in both Canada and the U.S., and some of which allegedly took place in
this country. Yet, it is the U.S. that would hold them accountable,
not Canada.

Emery, after all, is a Canadian citizen. He's founder of the B.C.
Marijuana Party and has had his own run-ins with the Canadian justice
system, but has stayed out of jail.

The U.S. Drug Enforcement Agency wants to extradite him on charges he
sold marijuana seed across the border by mail. Canadian police picked
him up, at the DEA's request. Extradition hearings take years, but if
the U.S. successfully presses its claim, Emery faces heavy jail time.

Here's the issue: If there is evidence of his guilt, Emery should have
been charged here. If Canadian authorities have no evidence, they've
no reason to co-operate with the U.S.

(Parenthetically, when U.S. warships visit Esquimalt, B.C., the U.S.
Naval Criminal Investigative Service routinely works sting operations
in Victoria to discourage their sailors from buying drugs there --
meaning U.S. law-enforcement agents are operational on Canadian soil.
Conscious of sensitivities, the Victoria police did make arrests.)

Then there's young Khadr, a member of the Khadr family of ill repute,
arrested on the weekend in Scarborough by the RCMP on a U.S. warrant.
He is alleged to have purchased weapons and explosives on behalf of
al-Qaeda for use in Afghanistan. Like Emery, he faces
extradition.

But considering Canadian troops have been in Afghanistan since early
2002, and were potential targets for whatever infernal devices this
other Canadian citizen is supposed to have supplied, why would Canada
not prosecute the case?

Meanwhile, Conrad Black, former owner of this newspaper, must answer
racketeering and obstruction of justice charges in the U.S. Reduced to
its bare essence, the U.S. Department of Justice case against him is
that he and associates stole money from shareholders by devious mechanisms.

That doesn't sound any more legal in Toronto than in Chicago. One
would suppose the Ontario Securities Exchange Commission would have
been interested. Instead, it's the U.S. attorney for the northern
district of Illinois bringing charges.

Same with obstructing justice. That arises from his removal of files
from Hollinger's Toronto head office.

As Black's lawyer, Edward Greenspan put it, "A U.S. court has no
jurisdiction over this alleged conduct in Canada."

That, at least, is a more realistic defence of Canadian sovereignty
than we have heard from the prime minister.

The conning tower of USS Charlotte poking through the polar ice
reminds us the Americans have long since resigned themselves to
picking up the slack in continental defence.

But it's also grimly symbolic of today's Canadian reality. When Canada
won't enforce its laws, the U.S. will enforce its -- against Canadian
citizens and enterprises -- if it perceives its interests are affected.

This leaves Canadian sovereignty looking like a Swiss-cheese affair:
bland and full of holes. And in the circumstances, Martin's
unfortunate mannerism of clenching both fists as he rails against the
U.S. looks less like patriotic fervour than the impotent fury of a
teenager with authority issues.