EQUITAS RULE OF LAW CERTIFICATION PROGRAM
Terms of Reference
Equitas, a Latin term meaning equity, fairness, and justness,
is recognized as a fundamental principle of administerial importance to
the ethical functioning of good governance and qualifies as a component
of the Rule of Law when constitutionally perceived as a normative tenet
of any free and democratic society. Judicial Morality - when
apprehended through the lens of Human Rights precepts - reconciles
judicious synthesis of weighted moral principles and legal objectives.
True Justice - while encompassing both impartiality and resolve -
lawfully serves none other than those petitioning for its finality ;
Equitable,
fair and just decision-making process esteemed within the
constitutional realm of the Rule of Law provides for a lawful
decisional rationale of binding judicial value strictly when adherence
to due process guarantees authenticates the means to such end. Rule of
Person, a contrario, sustained through the unruliness of the
decision-maker, lends itself to incongruity; renders illusory
procedural safeguards; disregards Human Rights precepts and perverts
the primacy of good governance ;
Whereas the
universal interest of ensuring the Safeguard and Valorization of Human
Dignity and Worth as well as securing the supremacy of the Rule of Law
and the credibility of irreproachable decision-makers of this Nation requires an evaluation of the legitimacy of certain acts and omissions sustained by
government officials operating within the legislative, executive and
judicial branches of governments established throughout Canada and ;
Whereas
the interest of Justice requires the rigorous application of
corrective measures aimed at preventing the arbitrary administration of
government services ;
In conformity with international Law conferred upon Human Rights Defenders by virtue of the Declaration on Human Rights Defenders
adopted by the United Nations General Assembly Resolution A/RES/53/144, EQUITAS shall assist in the sustainability of a Rule of Law Certification program with the mandate of :
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Inquiring
into denials of justice and abuse of authority committed against
persons by government agents and counterparts, and, in particular, but
without limiting the generality of the foregoing, to inquire into :
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The
manner in which State officials execute their functions, the extent to
which the practice and procedures employed in the execution of such
functions violate the Rule of Law ;
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The subjection of
any person to discriminatory treatment by any person acting under any
written law or in the performance of the functions of any government agency or civil / public authority ;
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The denial to any person of any
other fundamental freedoms and rights prescribed under domestic and
international Law or the unlawful interference with the enjoyment by
any person of such freedoms and rights ;
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The protection by act or omission of any person that perpetrated any of the aforesaid wrongs, from due process of law ;
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Any other matter connected with or incidental to the matters aforesaid deemed necessary to examine ;
The Rule of Law Certification program foresees :
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The publication of a Rule of Law Index exposing targeted jurisdiction(s) complying or failing to comply to relevant Law ;
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The publication of the list of names of civil and public servants whose acts and/or omissions violate relevant Law ;
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The establishment of a Special Commission with the mandate of prosecuting servants who violate relevant Law ;
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The establishment of a Fiscal Commission mandated to oversee the equitable management of public revenues and expenditures.
Current jurisdictions under EQROLC program:
Canada
Quebec
Important Notice
: Terms of Reference may be subject to future amendments aimed at
ensuring administrative efficacy of the EQROLC program. |