FROLITICKS

Satirical commentary on Canadian and American current political issues

Trump’s Use of Military for Domestic Policing Represents a New and Dangerous Trend

Let me take you back to the province of Quebec in the fall of 1970, and what became known as the October Crisis in Canada. The crisis was the culmination of a long series of terrorist attacks perpetrated by the Front de libération du Québec (FLQ), a militant Quebec independence movement, between 1963 and 1970.  On 5 October 1970, the FLQ kidnapped British trade commissioner James Cross in Montreal.  Within the next two weeks, FLQ members also kidnapped and killed Quebec Minister of Immigration and Minister of Labour Pierre Laporte. Quebec’s premier Robert Bourassa and Montreal’s mayor Jean Drapeau called for federal help to deal with the perceived crisis.  In response, then Prime Minister Pierre Trudeau, by invoking the War Measures Act, deployed the Armed Forces across Quebec and in Ottawa — the only time it had been applied during peacetime in Canadian history.  Seen as inappropriate and overkill at the time by legislators, the federal government subsequently substituted it with the Emergencies Act in 1988 as the modern-day replacement to the previous War Measures Act which had not been designed to deal with domestic security issues.  At the time of the October Crisis and the related deployment of Canadian troops, the American media quickly decried the move as something that could never happen in the U.S. under its constitution!

Well, all that has now changed with the Trump administration’s recent deployment of 4,700 National Guard troops and Marines to Los Angeles, without the California governor’s request,  to help quell protests that had erupted over immigration raids and to protect the federal agents conducting them.  Just this week, that move has been followed up by the contentious announcement that at least 800 National Guard troops are to be deployed into the streets of Washington, D.C., to supposedly fight a growing crime wave.  What is concerning is that officials have stated that the soldiers in Washington will probably be able to detain people temporarily in certain circumstances until federal agents arrive.  It is also reported that Military leaders are trying to keep the rules of engagement for the D.C. mission as narrow as possible. One Defense Department official reportedly stated that soldiers carrying M-16s, who have been trained to kill adversaries, are not to be put in policing roles.  However, if threatened they can use force in response, whatever that means.  In the case of L.A., some National Guard soldiers were accused of having used overly aggressive tactics against protesters. Trump has also hinted that similar deployments could be done in other urban centres, mentioning Chicago and New York City.

Local citizen protests have already begun in Washington, and are expected no doubt to continue.  The city’s mayor expressed similar disbelief, noting that the last two year’s statistics have shown an actual decline in violent crime ranging from 20 to 25 percent.  The outrage is understandable, since the Canadian 1970 experience led to hundreds of unwarranted arrests of innocent people by the authorities, who in several cases where simply political opponents of the Quebec government at the time.  This created a subsequent backlash among political parties and Canadians, resulting in the legislative changes as noted above. 

In interviews with The New York Times, members of the California National Guard said the deployment to Los Angeles had eroded the morale of the force.  Guard officials also expressed concerns that the L.A. deployment would hurt re-enlistment.  For the military as a whole, the cost could come in recruiting and retention, something critics are warning could also happen in Washington.

In a democracy, deploying troops domestically during peacetime without justification and on a whim can be very damaging from an institutional and political standpoint.  In this case, the president is overstepping his power and needs to be challenged by Congress and in the courts.  Let’s face it, there is no immediate threat to national security and this militarized process undermines the credibility and integrity of local and state police forces.  While the domestic deployment of armed forces to assist communities facing local natural disasters such as wildfires, earthquakes and floods can be justified, their deployment under the above circumstances is unwarranted and represents a dangerous precedent.  

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Unlike the American DOGE Initiative, Canada Can Better Tackle Government Cuts

The initiative led by Elon Musk in the so-called Department of Government Efficiency (DOGE) has turned out to be a major disaster with not much impact on the federal government’s overall debt.  It certainly is an example of what not to do for a planned Canadian government initiative to curt federal government spending and reduce its current debt.  Prime Minister Mark Carney has embarked on one of the most ambitious public spending reviews since former Prime Minister Jean Chrétien and his finance minister Paul Martin balanced the budget in the 1990s.  Carney’s government wants to cut operational spending by 7.5 per cent for the 2026-27 fiscal year, 10 per cent the following year and 15 per cent in 2028-29.  According to the CBC, the Institute of Fiscal Studies and Democracy at the University of Ottawa estimates that, when those areas are carved out, the government is targeting a pot of money that is about $180 to $200 billion of the $570 billion it will spend this fiscal year.  Some former senior government officials believe that this is doable, but with some caveats. 

First, rather than an arbitrary across-the-board cut, a realistic program review will look at whether the existing program continues to serve a real need, especially when it comes to public services.  Secondly, it’s mostly important to first determine where you cut — rather than by how much.  Thirdly, there may be means to cut operating expenses by looking for ways to employ new technologies, including those involving artificial intelligence and automation.  Fourthly, there is also room to cut the use of consultants and outside contractors, but doing so could cut off access to valuable expertise.  In addition, extra replacement training of public servants could occur, but would be an added cost factor.

Interestingly, Carney has said that there will be no cuts to transfers to the provinces for things like health and social programs, nor would he cut individual benefits such as pensions and Old Age Security payments.  Key programs rolled out by former Prime Minister Justin Trudeau’s government such as child care, pharmacare and dental care are also spared.  These of course are high cost, almost untouchable programs, with a great deal of the electorate’s support.

Unlike in the DOGE exercise, federal public servants in Canada have strong union representation across the public service and will require consultation with union officials during the review process.  The unions have already expressed concerns about potential cuts to the workforce, but recognize that the review must address this issue as it will be difficult for the government to avoid cutting staff because wages, benefits and pensions are such a large part of the operating budget.  As in past initiatives, some cuts can be made through attrition.  However, serious cuts would involve the removal of some positions, moving staff to other programs or retraining for other government jobs.  The unions will argue that any program cuts should not be at the expense of certain key services to the public.

Previous program reviews have been undertaken given a government’s mandate to respond to a national crisis, such as the servicing of a growing government debt.  Given that the most fundamental issue of the last Canadian election was Donald Trump’s attack on the current U.S.-Canada trade relations and our sovereignty, Canadians are much more open to suffering through cuts then they were five to 10 years ago.  Due to the DOGE methodology of arbitrary cuts to departments and agencies, the ramification of those cuts to important public services is just now being felt by Americans.  Canada does not want to incur the same public wrath that the Trump administration is and will continue to experience as a result of program and service cuts.  As well, serious errors were made in the DOGE accounting process, often overestimating the actual cost savings as a result of government cuts.  Canada does not want to repeat such mistakes and must offer an open and accountable process during any program review.

The one most important factor in my view from past experience in federal program reviews is that imposing across-the-board cuts can quickly paralyse the effective delivery of certain important programs, especially those which are regulatory in nature.  While a ten percent cut to a program’s budget may not seem to be much, for some agencies this may be enough to hinder or negate its effective program delivery.  Agencies and departments which enforce regulatory requirements, such as those in occupational health and safety, transportation, and the environment most likely would be greatly compromised.  In some cases, program delivery becomes so ineffective that one could argue that the program is better off simply not existing.  This becomes the conundrum that any program must entertain and could endanger public safety.

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What The Results of The Canadian Election Mean For Canada

By now, anyone who keeps informed about Canadian news events, including a few Americans, have come to realize how the final federal election results are more than just significant for Canada and its federal parties.  Federally, there are six federal parties: the Liberals, the Conservatives, the New Democratic Party (NDP), the Bloc Quebecois, the Green Party and the Peoples’ Party of Canada (PPC).  Moreover, the election became a two party race to win by either the Liberals, under Mark Carney or the Conservatives, under Pierre Poilievre.  The primary issue of the campaigns became that of Canada’s relationship with the U.S., more precisely with President Trump.  The Green Party has only one seat and the PPC has none.

In the end, the election results proved to be extraordinary with the Liberals winning enough seats in Parliament to form a minority government — its fourth consecutive term!  What is remarkable is the fact that the Liberals a few months before the election were more than 20 points behind the Conservatives in the polls.  Then suddenly, all that changed when Donald Trump got elected, Justin Trudeau stepped down as Prime Minister, and Mark Carney took over leadership of the Liberal Party.  The Liberals increased their position in recent polls to take the lead over Pierre Poilievre and the Conservatives.  Then came the election itself, with the Liberals taking 169 seats to form a minority government.  Close behind is the Conservatives with 144 seats.  However, what is even more astonishing is that the Liberals gained most of their new seats at the expense of the NDP, a socialist party, with only 7 seats (a loss of 17 seats from 2021) and the Bloc Quebecois, a separatist party, with 22 seats in Quebec (a loss of 13 seats from 2021).  Even more surprising, is the fact that Pierre Poilievre and the NDP leader, Jagmeet Singh, both lost their riding seats.  Once an opposition party, the NDP no longer has official party status in parliament, which handicaps its ability to perform or contribute. 

While the popular vote was close, 43.7% for the Liberals and 41.3% for the Conservatives, Canadians favoured Mark Carney as the leader who could confront Trump over his tariffs on Canadian industries.  As a former head of the Bank of Canada and the Bank of England and a former CEO, Carney is seen as someone with fairly qualified experience in finance, business, economics and international trade.  Canadians switched their support to the Liberals to support a strong opposition to the tariffs and political attacks by Trump who has frequently referred to Canada becoming a 51st state.

Now, Carney will have to start negotiations with the Trump administration with respect to an updated or new trade agreement, such as is governed by the United States–Mexico–Canada Agreement (USMCA) previously signed by all three countries in 2018.  By introducing initial tariffs on Canadian aluminum and steel, oil and gas, softwood lumber and automotive sectors, Trump has already broken that trade agreement.  The danger for Canada is that if additional tariffs are introduced by the U.S., the economic impact on Canada would most likely lead to a major recession similar to that in 2008-09.  Canada would have to retaliate with tariffs on American goods, leading to higher prices for Canadians.  Americans would also see similar inflationary pressures due to Trump’s tariffs.

The election also resulted in a clear split between the eastern provinces which largely supported the Liberals and the western provinces, especially Alberta and Saskatchewan, which largely supported the Conservatives.  The western provinces have long argued that the federal government under the Liberals has harmed the growth of their oil and gas industry, particularly because of environmental policies.  Some westerners have already claimed that they might potentially be better off by withdrawing from the Canadian federation in some manner.  The Prime Minister will have to attempt some form of compromise to assuage the western grievances and maintain a sense of unity among all ten provinces.  Canada needs to provide a common, strong and unified front in its planned negotiations with the Trump administration.  After all, we are talking about Canada ’s state of sovereignty as a nation.

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Canada’s Version of a Mini-Trump

As the federal election moves forward to its April 28th voting date, there is one leader of a party who is increasingly portraying himself as Canada’s version of a mini-Trump.  That leader is Pierre Poilievre of the Conservative Party of Canada (CPC).  His discourse prior to the election call has on several occasions been similar in content and tone to that of Donald Trump.  He spoke of Canada being broken; of “woke” predominance among the current Liberal government and the New Democratic Party (NDP); of a need to be tougher on crime; of Canada’s need to “drill-baby-drill” when it comes to fossil fuels, most notably in crude heavy oil found in Alberta.

In recent weeks, Poilievre appears to be even more aggressive, primarily due to the recent polls which show that the Liberal leader, Mark Carney, is now leading: including being the preferred candidate for the position of Prime Minister.  This is a major shift from prior to the election and the resignation of Pierre Trudeau as PM, when the Conservatives had a twenty plus lead in the polls.  However, along came Donald Trump and his tariffs against Canada and all that changed.  Carney has a business, economic and international finance background.  This has led Canadians to believe that Carney can better negotiate some sort of new trade deal with the Trump administration.  In addition, many Canadians are now comparing Poilievre to a mini-Trump because of the Conservative policies and the ongoing slogans surfacing in his campaign. 

Most recently, Poilievre has pushed for tougher measures as they pertain to sentences handed out by the courts under Canada’s Criminal Code.  This included the idea of arbitrary “three strikes” vis-à-vis convictions, whereby one’s prison term will be automatic and potentially longer.  However, one only has to study the consequences of this approach in California where its use clogged up the justice system for years and resulted in extreme over crowding in its prisons.  The situation was so bad that many non-violent prisoners had to be released as a result of COVID 19 and the danger of widespread infection in these crowded facilities. Get ready to build new prisons!

Next, is Poilievre’s pledge to use the “notwithstanding clause” in the Canadian constitution (Section 33) to allow longer sentences for multiple murderers, something that the Supreme Court of Canada had in 2022 ruled against as a violation of an offender’s Charter rights.  Politically, this represents a groundbreaking promise and he would become the first prime minister to invoke the clause while in office.  As one expert noted, the extraordinary use of the “notwithstanding clause” would occur not in crisis situations, not judiciously, not after massive public debates and so on, but due to a majority government which for its own political reasons is playing to its base.  Sounds like something that Trump would do.  Both Liberal Leader Mark Carney and NDP Leader Jagmeet Singh rejected using the notwithstanding clause.  In order to protect established rights, the Canadian Civil Liberties Association, more than 50 organizations, human rights advocates and legal experts have openly urged all federal party leaders to commit to a public consultation on the notwithstanding clause within six months of forming a new government.  Without extensive prior-consultation within Canadian society at large, the clause’s federal use would establish a potentially perilous precedent with its first-time usage at the federal level.

Poilievre also appears to want to give carte blanche to the Canadian oil and gas industry to expand its production and exports in order to offset the American tariffs and grow the industry.  This of course would mean rapidly expanding pipeline construction from Alberta to the west coast, speeding up environmental reviews and consultations with indigenous peoples in the territories through which pipelines would go.  However, while this would certainly benefit the oil and gas industry in Canada
, one has to ask whether and by how much Canadians will benefit.  The Conservative base in Alberta
will certainly benefit, but how about the rest of the country?  In addition, many in the Conservative party tend to be “climate change” deniers.  Sounds familiar! 

All in all, Poilievre’s campaign has clearly had elements of Trumpism reflected in its content: something not lost on many Canadians.  Let’s face it, Trump is not too popular in Canada at this moment, and his unpopularity is definitely echoed in this election.

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Today, Something Unprecedented Is Happening Among Canadians

In reaction to Donald Trump’s statements about Canada as a 51st state and the imposition of tariffs on Canadian products exported to the U.S., a number of things are happening in the country.  Canadian nationalism is rising to heights not seen since the Second World War, stressing the need for a concerted and unified national reaction to the Trump administration.  There is an evident “Buy Canadian” movement that has grown quickly among Canadian consumers.  In the midst of a federal election, all the parties are in one way or another vowing to stand up to American economic aggression and push for expanding Canadian trade to other countries.  Canadians are also cancelling vacations to the U.S. and looking to vacation either in Canada or other countries.  Cross-border travel to the U.S. by Canadians has tumbled by more than half.  Canadian politicians are carrying their message about the harm to American consumers through visits to the U.S. and via digital billboards, broadcasts, media sources and social media targeting Americans themselves.  In recent basketball and hockey games in Toronto, Ottawa, Calgary and Montreal, fans booed the American national anthem, something unheard of before.  So-called “polite” Canadians are openly expressing their national pride in increasingly angry ways and through outbursts of disappointment.

It is remarkable that the current interim Canadian Prime Minister, Marc Carney, has flatly stated that the trust between the two countries has been broken, and that the relationship will never be the same.  As a result, his parliamentary website states that he leads a government that will take action to unite Canadians, defend Canada’s sovereignty, and build the strongest economy in the G7.  Do not be fooled, the candidates for P.M. all recognize that the damage of tariffs to the Canadian economy will be significant, possibly causing a recession and high rates of inflation and unemployment in the not-so-near future.  Trump’s economic policy and political statements have created an environment of uncertainty and distrust.  Canada will and has already reacted with the imposition of its own tariffs on selective American goods while waiting to see what Trump’s next moves will be.

Whoever becomes the next P.M. on April 28th knows that he will have to present a strong defence of Canada’s economic and political concerns vis-à-vis the U.S. The election has turned into primarily a one issue campaign, that being about how Canada will deal with Trump.  This situation is unprecedented in itself, and is a major reason why many Canadians believe that Marc Carney, a former Governor of the Bank of Canada, head of the Bank of England and businessman, would be a good match to confront Trump.  Since becoming leader of the Liberal Party of Canada in March of this year, he has turned around support for his party following a previous major lead of the Conservative Party of Canada in polls.  His main opponent, Conservative Pierre Poilievre, is a full-time politician with little international or business experience.  As P.M., Carney has said he’ll keep Canada’s counter-tariffs in place until “the Americans show us respect and make credible, reliable commitments to free and fair trade.”  Being P.M. at this time also gives Carney a clear advantage as he can make prime-ministerial like statements which naturally are covered daily by the mainstream media.  This contributes directly in his positive polling results.

No matter who wins the election, average Canadians will look to a strong leadership when it comes to defending Canadian interests against Trump’s attacks.  Canadians do not blame Americans for the current situation, instead focusing on the economic and political attacks by the Trump administration.  However, there is little doubt that a future Canadian administration will have to focus on reducing Canada’s dependence on U.S. trade relations and defence policies.  Having lived together for decades within an integrated North American market and coordinated defence and security regime, this will not be an easy transition for both countries.  Let’s hope that the damage that’s been done can be mitigated down the road.  Like Americans, Canadians are a proud people and have a shared history of cooperation and trust, thus hopefully leaving the door open to re-establishing our mutual relationships.

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Electorate in Both U.S. and Canada Appears to be Very Disgruntled. I Wonder Why?

George H. W. Bush Senior, going into his bid for a second term, was frequently told that it’s all about the economy stupid!  The U.S. economy went into a recession in 1990; the unemployment rate rose from 5.9% in 1989 to a high of 7.8% in mid-1991; and the debt percentage of total gross domestic product (GDP) rose from 39.4% in 1989 to almost 46.8% in 1992.  By the presidential election in1992, many conservative Republicans’ support of Bush had waned for a variety of reasons, including raising taxes and cutting defense spending.  Americans were less concerned with his foreign policy successes (e.g. Persian Gulf War victory over Iraq) than with the nation’s deteriorating economic situation.  Thus, despite having once been a relatively popular president, he lost to Bill Clinton.

Today, the primary issue among voters continues to be the economy, and especially the high rate of inflation and high interest rates affecting people’s mortgages and the cost of loans in general.  Yes, there is low unemployment and more people are employed today than anytime since the pandemic.  However, unfortunately for Joe Biden, the average American is struggling on a daily basis to make ends meet, especially since average wages have not kept up with increasing inflation over the last few years.  Many people and businesses are still recovering from the pandemic, which has created a real sense of insecurity and a general malaise within the population.

Taking all of this into account, and that people are not happen with another Trump vs. Biden election, there is a general mistrust with governance.  The same can be said for in Canada where you have a Prime Minister, Justin Trudeau, and a party that has been in power for over nine years.  The opposition is continuously harpooning about the high cost of inflation and high interest rates that average Canadians are facing.  There is also a good amount of discord over the government’s intention to raise the national carbon tax this coming April, despite it being only one element of several policies aimed at tackling climate change.  However, right now, climate change has taken a back seat to the economy.  A federal election will very likely be called next year in Canada, and all the government can hope for is that the economy will improve and inflation will come down.

Overall, these are tough times for governing parties.  There appear to be no win-win situations.  Government deficits have been climbing steadily, partly in earlier response to the pandemic, with no end in sight.  Wars overseas in the Ukraine and Middle East are not helping.  Funds are being allocated to support the Ukraine against Russia, Israel’s military and the plight of Palestinian refugees in Gaza.  The situation has placed both the U.S. and Canada in a difficult situation given the evolving humanitarian crisis in both conflicts.  In terms of foreign policy, domestically it is a no-win and highly emotive situation for both governments in terms of supporting one side or the other particularly in the Israeli-Palestinian conflict.

In addition, stability in the energy markets is constantly under threat as a result of the sanctions against Russian oil and natural gas exports and the general unstable situation in the Middle East.  As a result, there has been a measurable direct or indirect impact in the form of rising costs for gas and heating fuel in North America.

There is little doubt that we live uncertain times.  There is also little doubt that voters are concerned with the cost of living and continuing hard economic times.  This bleak outlook does not bode well for President Biden and Prime Minister Trudeau.  The question then becomes whether their political opponents can take advantage of the situation?  I guess time will tell.

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Assaults on Canadian Politicians Increases Costs for Security Details

A recent CBC News article highlighted the fact that the cost of keeping Canada’s Prime Minister (PM), Cabinet, and members of Parliament (MPs) safe has hit a record high.  This isn’t really all that surprising given the politicization of such highly contentious issues as past COVID-related government measures and the current Israeli-Palestinian conflict.  Fortunately, unlike the U.S., Canada has to date never seen a PM or Cabinet member assassinated.  History however has some examples of recent incidents involving lone wolves who attempted to harm a federal politician.  For example, a series of shootings occurred on October 22, 2014 at the National War Memorial and on Parliament Hill involving a lone gunman.  The gunman managed to enter Parliament, but in a shootout with Royal Canadian Mounted Police (RCMP) officers he was shot  and died at the scene.  In 2020, police arrested an armed man, without incident, who had gained access to the grounds at Rideau Hall, the Governor General’s official residence.  Prime Minister Justin Trudeau and his family also live on the property at Rideau Cottage, not far from where the gunman was intercepted by the officers.  In both cases, after further investigation, it became clear that the assaults involved persons with mental health issues exhibiting previously known erratic behavior.  Terrorism was ruled out as a primary motive.

More recently on January 24th at a local level, a heavily armed man fired shots and apparently threw a Molotov cocktail in Edmonton’s city hall.  At the time, Mayor Amarjeet Sohi and several councillors were among the people present for an in-person meeting.  Fortunately, no one was hurt and upon receiving reports of shots fired at city hall, Edmonton Police Service officers arrived within minutes and took one adult male into custody.  The motive of the man isn’t yet known, and officials could not confirm whether or not he was previously known to police.

Since the 2014 incident on Parliament Hill, security has been greatly increased in order to provide better protection for Canada’s 338 members of Parliament (MPs).  Security on the hill involves the RCMP, local police services in Ottawa, the Parliamentary Protective Service and the House of Commons.  As reported by CBC News, during the first nine months of this fiscal year (2023-24), the RCMP spent $2.5 million (Canadian) on security for MPs.  If spending continues at the same pace, it is estimated that the cost of MPs’ security for this fiscal year could hit $3.4 million — almost double what it cost a year earlier.  Reportedly, former federal public safety minister Marco Mendicino said the rising price tag reflects a change in the “threat environment”, especially since the pandemic and the 2022 Ottawa truck convoy protest.  He further noted that there’s no doubt in his mind that the threat environment has escalated over the last couple of years, especially as result of the divisive Middle East crisis in Canada between pro-Palestinian and pro-Israeli supporters.

Greater harassment of the PM and members of Cabinet has certainly surfaced in recent post-COVID years, especially when they are on speaking tours.  On one occasion for example in August 2022, Deputy Prime Minister Chrystia Freeland was verbally harassed outside an event in Grande Prairie, Alberta.  There was also a very recent incident during which protesters, upset with Canada’s position on the Israel-Hamas war, gathered outside Foreign Affairs Minister Mélanie Joly’s home in Montreal.  In addition, there has been an alarming increase in threatening or abusive emails sent to individual MPs.

In general, the PM cannot go anywhere without the potential threat of harassment by anti-Trudeau factions.  As a result, RCMP security details for the PM have been greatly increased, along with the associated mounting costs.  Given the current highly volatile political environment, costlier security for politicians — federal, provincial and local — is likely to remain the new normal.  Canada has always prided itself in terms of being a country where civility and respect predominated the political scene.  All that appears to have changed as evidenced by the mounting verbal and physical harassment associated with recent events surrounding the pandemic and the weeks long truck convoy protest in Ottawa during the winter of 2022.

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Speakers of U.S. House of Representatives and Canada’s House of Commons Resign

Two interesting events happened in the last couple of weeks.  Both speakers of a Congressional and a Parliamentary body were forced to resign in unprecedented ways. 

On September 26th, Anthony Rota stepped down as House of Commons Speaker after inviting a former Ukrainian soldier who fought in a Nazi division to Canada’s Parliament during the recent visit of Ukrainian President Volodymyr Zelenskyy who delivered an address in the House of Commons.  Prime Minister Justin Trudeau made it clear that the Speaker’s mistake was deeply embarrassing for the House, Canada and the Ukraine.  Rota, a Liberal Party Member of Parliament, was pressured by his party and members of the opposition to immediately resign, something very rare in Canada’s parliamentary history.

In the U.S., the House of Representatives voted on October 3rd to oust Kevin McCarthy, a, a vivid rebuke of his leadership and an escalation of the civil strife within the Republican Party.  The so-called band of eight Republicans who rejected McCarthy, most of whom are Republican Party member, as Speaker of the House.  It was the first such removal in American history members of the hard-right Freedom Caucus, were opposed by 210 of their fellow GOP representatives, all of whom voted to keep the Speaker in place.  McCarthy had aligned with the Democrats in the House to pass legislation allowing the government to continue operating until next November, thus preventing an imminent shutdown of federal government services and much of its employee compensation.  What is particularly disconcerting is the current provision which allows any one Representative to call a vote in order to replace a sitting Speaker, as was done in this case by Representative Matt Gaetz of Florida.

In the case of the Canadian Parliament, the Speaker’s resignation was unfortunate but was quickly resolved through the quick selection and appointment this week by House members of a new Speaker, one Greg Fergus who became Canada’s first Black Canadian Speaker of the House of Commons.  His independent role as Speaker, although he is a Liberal Party Member of Parliament, is to maintain order in the House and direct the daily operations of his office.

On the other hand, the House of Representatives has yet to select a new Speaker from the majority Republican Party.  The Speaker’s removal has only deepened the body’s dysfunction, leaving the House rudderless so-to-speak, and with no clear path to effective leadership.  Although a government shutdown was narrowly avoided over the past weekend, another looms next month.  Future assistance to Ukraine as it fends off a Russian invasion is also at stake.  McCarthy has declared that he will not run again for the position and has not endorsed a would-be successor, leaving Republicans to scramble to find a viable candidate.  There are a lot of concerns among experts about the actions of the fringe elements of both parties, and their potential negative impact on the House functioning and the possibility for compromise agreements as to budgets and the functioning of the state.  They have pointed to the troubled tenures of previous Republican speakers of the House such as John A. Boehner and Paul D. Ryan, both of whom struggled with stiff resistance from their right flank.  Indeed, a fundamental role of the House Speaker is to attempt to pursue conciliatory measures between the two parties through negotiations and on-going discussions.  Unfortunately, it appears that the parties themselves have grown weaker because they are increasingly controlled by those on the fringes, as exemplified in this case.  Moderates in both parties have expressed their concerns, but apparently to no avail. 

The increasing failure of Congress to function in an orderly fashion and to represent the interests of all Americans has placed democracy in a dangerous situation.  The on-going haphazard saga of the annual Congressional budgetary review and votes is clearly unworkable under these circumstances.  The sooner that the House can select a new Speaker, the sooner the House can hopefully get back to democratic governance.  Let’s hope for the sake of all Americans and democracy that this will happen in a quick and sensible manner!

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It’s About Time that Canada Does Something Concrete to Deal With Wrongful Convictions

On Sept. 15, 1990, Tim Rees was sentenced to life imprisonment with no chance of parole for at least 15 years for a ten-year-old girl’s murder in Ontario, Canada.  Rees always denied killing the girl.  However, after serving 26 years in prison for the murder, it was announced that Rees, who is now sixty years old, will have his sentence reviewed by the Ontario Court of Appeal, after Canada’s Attorney General recently ordered a new appeal.  The AG noted in his press release that there is a “reasonable basis to conclude that a miscarriage of justice likely occurred.”  Rees was released on parole in 2016, where he remains.  On the year he was released, Innocence Canada — a non-profit organization that advocates for wrongfully convicted citizens — took his case.  Two years later, an application was filed with the former minister of justice claiming Rees had been wrongfully convicted.  Their strongest argument for the application was an undisclosed “highly incriminating statement” by the landlord of the victim’s family home, which he had made to the Toronto police homicide squad.

Tim Rees case is only the most recent example of someone who was wrongfully convicted of a crime and later could be exonerated due to new evidence.  Many more cases came about in the U.S. and Canada with the arrival of DNA tests used to investigate previous convictions years ago, used eventually to determine the innocence of those wrongfully convicted.  I would highly recommend that one read *Wrongfully Convicted by Kent Roach which highlights several cases of wrongful convictions in Canada to get a fuller understanding of this past and current issue.

As noted, under the current system, it’s the justice minister who decides on miscarriage of justice applications, often a long and costly process.  Recently, the current federal government in Canada introduced Bill C-40 which if passed would create an independent commission to review such applications and make decisions about whether to order a new trial or appeal.  James Lockyer, co-founder of Innocence Canada, said his organization has been pushing for the creation of an independent commission for some 30 years.  The proposed Miscarriage of Justice Review Commission would be an independent administrative body.  It would have a full-time chief commissioner and four to eight other commissioners.  According to background briefing materials, at least one-third, but not more than half, must be lawyers with experience in criminal law.  Such independent bodies and processes already exist in countries such as the U.K., Scotland and New Zealand.  They apparently have seen the appeals system move much more quickly and flexibly with respect to the applications that come forward.

In recent years, there understandingly has been much attention given to the rights of victims of crime.  To have introduced any legislation facilitating the review of potentially wrongful convictions does take a certain degree of political courage as noted by James Lockyer.  However, there has been one too many cases of wrongful convictions to simply ignore the issue.  In Canada, the issue was raised years ago in the sensational case of David Milgaard who was wrongfully convicted for rape and murder in 1969 and spent 23 years in jail.  As Lockyer noted in a National Post article published on February 16, 2023 that: “If this commission had existed back in the early 1970s, it can safely be said it would have saved David Milgaard at least two decades of those 23 years that he spent in prison.”

Everyone recognizes that our justice systems, including law and enforcement, are not always about justice but sometimes about process and political pressures.  The system is not infallible. There needs to be better means for those who possibly were wrongfully convicted to have their cases reviewed in an independent, fair and timely manner.

*Wrongfully Convicted (Guilty Pleas, Imagined Crimes, and What Canada Must Do To Safeguard Justice): Kent Roach (Simon & Schuster, Toronto, 2023)

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Sensationalist Reporting of Paul Bernardo’s Prison Change Overlooks Major Problems in Canada’s Correctional System

Recently, serial killer and rapist Paul Bernardo was transferred to a medium-security prison from a maximum-security prison, drawing the ire of numerous mainstream media sources.  Bernardo is serving an indeterminate life sentence — the harshest sentence possible in the Canadian criminal justice system — for the kidnapping, torture and murders of two teenage women in the early 1990s in Ontario, Canada.  Bernardo’s security classification was reviewed 14 times between 1999 and 2022, and each time he met the criteria to be moved to a medium-security institution as confirmed by a recent review by the independent Commissioner of the Correctional Service of Canada.  When the public became informed via the media, this case naturally raised the anger of the victims’ families and various federal and provincial politicians.  However, the institution was simply following the law in place at this time.

Unfortunately, while this emotional situation raised a number of potential issues regarding the correctional system, it again overlooks very serious questions about Canada’s prison system that have been around for decades.  According to the Organization for Economic Co-operation and Development (OECD), Canada has one of the highest levels of recidivism, which is the act of re-offending after leaving prison, among western industrialized countries.  Remember that the Canadian correctional system is supposed to be fundamentally based on the rehabilitation of offenders, regardless if the nature of their crimes.  In 2015, one Canadian research effort, known as the national trajectory project, found that people who go through the prison system have a 40 percent chance of re-offending within three years of release. 

Then there are the working, health and safety conditions in the country’s 53 federal prisons, which have led to many concerns by prison guards and observers over many years.  The Union of Canadian Correctional Officers says many more guards are needed if they are to deal with harassment from inmates and to do their jobs in a safer environment.  Deaths and riots in prisons often don’t even make headlines in mainstream news, unless it involves the death of a prison guards or officials, or a family’s request for a public review of a family member’s death while in prison.  Prisoner abuse by guards has also been an ongoing issue.  Canada’s prison guards are essentially being left to their own devices when it comes to treating inmates with basic human respect.  It’s difficult to recruit qualified people for prison guard positions given the reputation surrounding working conditions and dangers within our prisons.

In addition, prisons are dealing with an increasing number of inmates suffering from mental health issues, including those determined to be “not criminally responsible” because of the state of their mental health when they have committed a crime.  Fortunately, those inmates having this designation apparently do receive more appropriate medical care and supervision, unlike those in the general prison population who may have less evident and underlying mental health concerns.  Lack of resources and guard training is a concern.  Studies have also shown that with such treatment, persons found to not be criminally responsible are far less likely to re-offend, especially if they continue to follow their treatment regime.

Unfortunately, during the conservative government of Prime Minister Stephen Harper in the early 2000s, there was a shift toward punishment of prisoners and away from rehabilitation.  The current Liberal government under Justin Trudeau has taken a more liberal approach to dealing with prison reform and punishment criteria.  Needless-to-say, this has divided people between those wanting stronger punishment and those supporting more humane and rehabilitative approaches.  There is even a small minority that would like to see the death penalty brought back, similar to what exists in several American states.  Politically, a very unlikely possibility in Canada.

Whether one is in agreement or not, prisoners have rights and expect to be treated in a humane manner.  Basically, we designated the courts and an independent institution to oversee the rule of law, including that pertaining to penalties and terms of imprisonment.  Hopefully, this respects prisoners’ rights and reduces the chances of prison violence and inmate-related violations, while ensuring the public safety and reducing the level of offenders’ recidivism upon returning back into society.  Focusing on this one sensational case really doesn’t help when it comes to all of the other urgent issues that need our immediate attention.

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