Mr. Speaker, it is an honour to rise and address the House tonight on this important subject, that of democracy in Ukraine.
The events unfolding in Ukraine right now with respect to the arrest, trial and conviction of former prime minister Yulia Tymoshenko are of deep concern to me, all members and the Government of Canada. This blatant and politically motivated persecution is very troubling and may have serious consequences for Canada's relationship with the Government of Ukraine.
The Prime Minister has written directly to the President of Ukraine indicating his deep concern with this situation. The Minister of Foreign Affairs has stated that the conduct and prosecution of this case by Ukrainian authorities undermines the development of their democratic institutions.
We in this House all agree that a strong and vibrant political opposition and a robust and fully independent judiciary are essential to a Ukraine that is prosperous, democratic and free.
Please allow me to relay to this House some examples of where it appears due process was flagrantly violated in Ms. Tymoshenko's case.
One of the more startling aspects of this trial has been the disregard of Ms. Tymoshenko's right to legal defence by the Constitutional Court. The Constitution of Ukraine, the most important legal document in that country, states:
Everyone shall have the right to legal assistance.
and:
Everyone shall be free to choose the defender of his rights.
However, in the very first trial hearings on July 15, Ms. Tymoshenko was denied this basic right.
The judge began the proceedings without asking her legal team to enter. As she rose to protest this action, she was interrupted by the judge and forced to leave the hearings “for violation of court proceedings”.
The proceedings then continued without her, and she was deprived of even the right to defend herself against charges.
This type of disregard of her basic rights is simply unacceptable.
The Criminal Code of Ukraine also states that the judge must ensure both the prosecution and the defence have adequate time to review evidence and prepare for court proceedings. The materials in the case against Ms. Tymoshenko, collected from pretrial investigation, amounted to approximately 5,000 pages. Her defence team was given between two and three days to review the documents. This again appears to be a flagrant violation of the Constitution of Ukraine, the principles of the rule of law, and Ms. Tymoshenko's right to a fair and reasonable defence.
Ms. Tymoshenko's lawyers were also prevented from speaking with her after she was arrested on August 5, thereby preventing them from building or implementing any further measures for her legal defence.
I should add that I am not presuming guilt or innocence in this case, but rather expressing my serious concerns with the apparent glaring absence of due process and fairness in this trial.
Ukrainians and the Ukrainian diaspora around the globe are not pleased with the actions of their government. Ukrainians have always been freedom-loving people, and they have a strong democratic tradition.
We witnessed this seven years ago during the Orange Revolution, when Ukrainians took to the streets in droves to protest what they knew to be an unfair and undemocratic election. In fact, the origins of democratic principles in Ukraine date back to the early 18th century. In 1710, the first Constitution of Ukraine was written by Pylyp Orlyk, and in April 2010, the 300th anniversary of this constitution was celebrated. By comparison, at 144 years Canada is not a very old democracy; as a consequence, we as Canadians sometimes take for granted the freedoms and privileges, as well as the rights and responsibilities, of living in such a stable, safe and prosperous country.
Not all the peoples of the world are so fortunate. For many years the people of Ukraine lived under the oppressive tyranny of the former Soviet Empire and the oppression of the Nazis, and endured the senseless horror of the Holodomor genocide.
Today the people of Ukraine are striving to build a prosperous, robust and healthy democratic state. They can count on Canada to stand up for their freedom.
Our foreign policy is a principled one. It is rooted in the defence of human freedom and in those things that elevate us as human beings: freedom, democracy, human rights and the rule of law. We will not back down in defending and promoting these ideals for all nations and all peoples around the world.
Ukrainian Canadians have contributed much to our nation in all aspects of society, from the arts to politics and from business to sport. They have helped to build the Canada we know today, and we are all the better for it.
As Ukraine moves toward a free, open and just society, Canada will always be there to help. We will not turn a blind eye to the proceedings against Ms. Tymoshenko; our hope, however, is that our ideals, upon which our policies are based, will be shared by Ukraine.
We take comfort in the words of Ukrainian poet Taras Shevchenko, whose words provided the inspiration for Ukrainian independence:
Strive and you will triumph, for God is on your side. The rewards are glory, truth, and that most sacred of things, freedom.