Here’s to you and all the things we take for granted…

Posted on by Pete Cross

It is traditional that when this time of year comes around, we are supposed to pause, to reflect, to gaze into the mirror, to whittle away at the perplexing issues of life, big and small, and the changes that were both great and insignificant. It is a time of re-assessment.

We remember some of the headlines, some of the stories of interest and the stories that got scant little attention but meant something to us personally. In the past year there has been a cavalcade of digitally formatted information, both good and bad, some of it judgemental and some of it merely misinformation. The headlining messages are always bundled as “news, or “breaking news” when it is in fact old, history just merely repeating itself.

We seem to be in a cycle of loudly expressed frustration and immobilizing constant stress, however, we also need to remember that this is also a time of great exaggeration. We are being inundated with the latest apoplectic event, a rain storm is now an “atmospheric river”, a snow storm “a polar vortex.” The press has become irresponsible and driven purely by a need to inflame and agitate, to warn you of constant impending doom or crisis. It is clearly an effort to remain relevant to the phone obsessed and relevant to the attention deprived general population. We as humans have allowed ourselves to be transformed, we are now an extension of those phones and logically therefore under the command of the persons that control them. Children in strollers now work their little fingers on an i-pad with the dexterity of a programmer, a constant presence disguised as a babysitter.

It is indeed a confusing time, a time where the economics doesn’t seem to add up, a downturn in the economy and upward inflation apparently not affecting the Xmas shopping, the lines at the airport, or the constant updates on Facebook by all those booked into the the all-inclusive sunnier climes. The look-at-me beach pictures are juxtaposed over longer lines at the food banks and growing tent cities. A recession predicted, but it does not deter Federal employees from threatening action over having to go back to the office, clearly not concerned for a loss of those jobs. The teens and the early 20’s now boycotting all the lesser paying jobs, somehow able to be comfortable with not working at all. Inflation not seen since the 1980’s not deterring every unions demand and every government in response giving greater pay raises then ever seen before, thus fuelling the same inflation. But the over-hanging cloud of complacency may be the most un-settling; a careless disregard combined with un-precedented narcissism.

This Christian holiday period is our time of escape, our safe room, despite most of us being non-practising Christians ironically or not Christians at all. But it does give us this chance, when we should try and look below or above all the overflowing narratives. To be thankful in our ability and outright luck to live in the 1st world. It is also time to thank those people who are continuing work with dedication and resolve regardless of acknowledgement or thanks. Also to those that live and who still gain pleasure in giving and receiving the simpler things.

In this vein I do have some random thoughts and general wishes.

To those past officers, who policed in different times, and have now left us. You were part of a disappearing policing history, one that seemed simpler, one which seemed to be more about human interaction and less about modern tools of containment and restraint. I salute you and will always remember that there were others that went before.

I hope that one of these days we can find the humour in life, to not take everything so seriously, and able to withstand minor slights. Humour is all around us and it will often provide greater insight than that found in the academic journals.

I do hope that soon we will be able to announce people without including their gender or race as a primary descriptor and that we return to some level of measurement by merit.

I hope that common sense becomes more fashionable.

I hope that someday everyone will be open to try and see the other side of the issue, to understand that every view has a right to be heard, as I truly believe that our very democracy depends on it.

To those that I took aim at over the past year– those policing senior managers such as Commissioner Lucki, those sometimes unfathomable politicians such as Justin Trudeau, and Chrystia Freeland, and other entities such as the National Police Federation, and the Indigenous; to name just a few of my favourite targets. I hope you too have a good Xmas. Most of the people behind these issues are well-intended and even though I often heatedly disagree with the policies, or what they are proposing, or the job that they are doing, I do not dislike them as individuals. In the end I am only trying to report, trying to propose or unearth facts, nothing else.

I hope that sometime during this season you too are allowed some time to be alone with more gentle thoughts, or to just be allowed to take it all in. It seems trite, but I hope that you and your loved ones are healthy. Vaccinated or un-vaccinated, I don’t care.

I would like to thank those of you who have been faithful readers of the blog, allowing me to vent and tolerated me when I sometimes overstepped the line. You know who you are.

Lastly, I would like to thank those police officers who on Xmas morning find themselves sipping on the bitter 7-11 coffee, in the quiet hours around sunrise, too early to head back to the office, when the only distraction is the crows bouncing around the parking lot for that tossed wrapper of grease. Enjoy that time, you’re only one call away from it possibly getting worse.

So a Merry Xmas to all of you, thanks for reading, thanks for being at the other end of this blog.

We will see you in the New Year….when we will go back to all those other issues.

All the best,

Pete

Photo Courtesy the Library of Congress via Flickr Commons – Some Rights Reserved

The Sledgehammer and the Peanuts…

Posted on by Pete Cross

As Justin settles into his darkened library in the night, blanket over his knees, alone with his thoughts– in a MacKenzie King moment, his father whispers to him from the darkness– haunting, possibly taunting him. Pierre Trudeau, the deceased former Prime Minister spirit shadowing his young son the high school teacher and latest Prime Minister; as his lesser equipped son try’s to find out how to remove a Peterbilt from in front of the Centre Block.

“The Emergencies Act? Really son, you think that this is comparable to my day when I was facing the FLQ”

“Dad these people are “terrorists”.

“well not really son, …those Quebec bastards in October of 1970 were real terrorists..or at least that was the way they were acting. They kidnapped people and even killed a Provincial cabinet minister. They were actually plotting the secession from Canada.”

“but these guys Dad, they are not like us, they are all white supremacy extremists, you know the type, redneck roughnecks from that middle part of Canada.. they even put a ball cap on the statue of Terry Fox… and those damn horns…the noise Dad, the noise…besides the media are all over me, comparing me to you, portraying me as ineffectual and weak.”

“Yes son, I hear them, but let’s face it you are not me. You know I always hoped you would become more like me than your mother. But, if it will make you feel better, go for it. Keep in mind, you can’t let up if you want to stick to this narrative, you need to keep using those words of insurrection and occupation, that they are a threat to national security. Let’s face it, this doesn’t really meet the definition of a national emergency. Keep referring to them as Nazi’s, nobody likes a Nazi. You will be alright in the end because by the time it goes through a week in the House and the Senate, everything will be long over, and you can at least look decisive and not really have to face any of the negative consequences”.

“True… thanks Dad I feel better now”.

Other than being visited by the ghost of his political upbringing, there can be no better explanation for Mr. Trudeau Jr. to now step up. Clearly he does not know history and maybe he hasn’t even read the Emergencies Act, after all it has never been used before, so why would he. What he did know was that he was getting angry with “those people”, he was getting angry that no tow truck drivers would cooperate, he was getting angry with the media egging him on questioning his ability to govern and his toughness. He was getting especially angry that people around the world were paying attention to the dispute in Canada; how was it possible that the enlightened leader of Canada could be being called out, dispelling the Canadian utopian image.

Even Grandpa Joe called from the U.S. to say, hey get on with it, those cars need their parts.

To understand the Emergencies Act, one must first understand its predecessor, the War Measures Act.

The War Measures Act which gave broad powers to the Federal government was to be instituted as a “declaration of war, invasion or insurrection”. Which would explain the Liberals deftly referring to an “insurrection” all the time now. The need for WMA and its imposition came about only three times. During WWI, WWII, and during the 1970 “October Crisis”.

During WWI, between 1914 and 1920 it was enacted to intern Ukranians and some other Europeans, who were declared “enemy aliens”. It also allowed them to disallow any person who had membership in a “socialist or communist organization”. We have since apologized for our behaviour.

It was used during WWII to intern the Japanese. We have since apologized about our behaviour then too.

And it was used in October 1970 to thwart the Front du Liberation de Quebec, who kidnapped James Cross and Pierre Laporte. Laporte was later found murdered. The FLQ were making demands and pushing the Province secession from Canada. The Army invaded the streets of Montreal and by the end of it 465 people were arrested without charges and eventually released. The law effectively removed the need for habeas corpus.

The War Measures Act in 1970 was not without dissenters. The NDP leader Tommy Douglas said the that Pierre Trudeau was using a “sledgehammer to crack a peanut”, and the separatists argued that they were criminalizing the separatist movement. To this day, the decision to enact at that time was dividing. This may explain why Yves Blanchett last year asked for apologies for the enactment of the War Measures Act for his fellow Quebecers. (This would also explain why the Premier of Quebec is now saying that he wants assurances that the Emergencies Act will not be employed in Quebec.)

Ironically, when it was discovered that the RCMP may have exceeded their authorities during this time of the War Measures Act implementation, they ordered a Royal Commission of Inquiry into Certain Activities of the RCMP; known as the McDonald Commission. After a lengthy inquiry the McDonald Commission recommended a curtailing of the War Measures Act, which led to the production of the now in the news Emergencies Act.

The new now apparently gentler Emergencies Act, which has taken its place and is front and centre in the news of today, lays out four criteria for its implementation.

  1. a public welfare emergency
  2. a public order emergency
  3. an international emergency
  4. a war emergency.

In the regulations you will also find that in order for conditions to be met for the implementation of this Emergencies Act, it has to be pre-determined that “the existing laws of Canada are not effective in addressing the situation”

If any of the above criteria are met, and that is a big if. this Act would allow the government to “ban gatherings” around such things as national monuments and the legislatures” , and to make there be “protected places” such as Justin’s house. It would “prohibit public assembly… other than lawful advocacy or protest or dissent”. It would allow the government and the banks to determine who was providing funds through platforms such as GoFundMe and the like, and it would allow the government to freeze the bank accounts of those that contributed.

So as we examine the criteria, does this constitute a public welfare emergency? Across this nation is the welfare of the public in danger. Well, if not that then, is this a public order emergency? Is there a need for public order across this country? Do you now feel threatened sitting in Vancouver, in Calgary, in Halifax right now? Maybe in Ottawa off Bank Street, but now this protest into its third week and slowly being dismantled has been determined as a public order emergency? Is this a threat to all Canadians or just to the shrill folks of the Ottawa Police Board?

In terms of the criteria in points 3 and 4. Neither of the latter are applicable.

So how do we explain this ongoing lunacy?

Is the infringement of human rights a legitimate concern? If the answer is yes, why is it that the Prime Minister refuses to meet with them? He clearly went down the political path of labelling them, speaking down to them, and could not personally relate to them. He orchestrated this dialogue and thus put himself nicely in a diplomatic box. His stubborn attitude and ego is keeping him there.

To explain this lack of dialogue, he had to turn up the heat to prove that these people were illegitimate. The convoy raised a great deal of money during their trek to Ottawa, so they even went after the GoFundMe page, and the page folded to that political pressure.

They went after the fringe players that are always drawn to any type of anti-government protest. Lets face it, all protests draw the lunatic fringe. When the indigenous were protesting did they go after the flags they were showing, the tearing down of statutes they were orchestrating, or the multiple torching of churches? Did they examine those involved in the Indigenous protest and seek out the radical few on Twitter or Instagram? Did they stop any funding to the Indigenous?

Do you think Black Lives Matter has a few radical elements? Do they think the environmental protestors had not radicals. Of course, they all do. So what makes this different?

The police in all this are in the usual difficult position of trying to smoothe out a litany of missteps by our illustrious politicians. The “progressive” Ottawa Police chief resigned. The Ottawa police board has now fallen apart as the politicos are throwing around recriminations and in-fighting. The Federal Liberals have been trying to direct the investigation of the convoy from the outset, even trying to direct where the trucks should be parked but most importantly effectively orchestrating the us versus them dialogue with inflammatory language and accusations. (Yesterday in Parliament Trudeau accused a Jewish Conservative member of being in favour of the Nazis—in the category of you can’t make this up)

Are the existing laws of Canada not sufficient to quell this “uprising”?

It seems that when pushed the police are charging people and arresting people and towing away some vehicles. So the laws are there, but the willingness to enforce, and the resources to enforce are in short supply–lets face it they underestimated the support this convoy would generate.

Do you think it is coincidence that this convoy has been compared to the January 6th uprising in the United States, which the Democrats in that country are working hard to try and prove that Trump was trying to overthrow the duly elected government. Similar claims of right wing Aryan nation types abound in that dialogue too. Proof of it is far less compelling.

Now the government is pointing to four individuals who have been arrested and charged with “plotting to murder RCMP officers” and nine charges of mischief and weapons offences against nine others. The police press release says that they launched into an “immediate and complex investigation to determine the threat and criminal organization”. The group of four conspirators, all of whom work for a lighting group in Calgary, had “three trailers” associated to them and a warrant was duly executed. In it they found 13 long guns, a handgun, body armour and a machete along with ammunition.

This could require some thoughtful dissecting. It was acknowledged that the conspiracy to commit murder of the RCMP officers stems from, in the police wording, that this group had a “willingness to use force if any attempts were made to disrupt the blockade”.

Not for a moment do I think that these are unwarranted charges. If they were planning to bring out the guns if the police moved in, they should be prosecuted and the police applauded for cutting off potential violence.

My only question is the portrayal of the investigation as a discovered attempt for insurrection and a “conspiracy to commit murder”, planned resistance being far different legally and morally, then planning to go out to kill police officers.

Looking at the background of those charged and the various ages of those involved, one also wonders whether this would constitute a normal person’s version of a no named “criminal organization.”

It all just makes you wonder where all this ends up when it goes through the inevitable court siphon.

But Trudeau, Freeland, and Mendocino know one thing.

The majority of Canadians according to the latest poll want the convoy to end, and they don’t mind if some people get hurt.

68% of Canadians felt that they wanted the military and the police to do so by force.

Just 26% of Canadians thought that they wanted a negotiated settlement.

Paradoxically 54% a slight majority are not impressed with the politicians.

Maybe the people of this country who have been willing to set aside their civil rights in the fight against a virus, comprised of a generation of individuals who have never faced a real crisis such as war, are now more willing to take it out on others. The media portrayal has indeed worked while to be fair, even some of the journalists were thwarted when asking for the evidence. The overall effect however has been an us versus them, good versus evil. The always right against the perpetually wrong.

It is time they say, and clearly believe, to unleash the power of the government on the people who disagree and dare to voice those concerns.

In this writer’s opinion, this is a sad and dark day for Canada. Not for the actions of the police but for the actions of the politicians carried out by the police.

If things go badly in the next few days, and people get hurt, including the police, my guess is that years from now, we will be apologizing once again. The police are now facing an intransigent group, a cornered dog that has had rocks thrown at it for three weeks, and now is facing clubs being swung at its head. Some may bar their teeth and snap back even though a leader in the convoy said that if approached they will take a knee.

My hope though is that in a few years this will not be remembered, the overtime cheques will have been duly paid, and we are left with this having been a tempest in the teapot. One albeit, that was totally avoidable. All we needed to do was listen.

Then all the restrictions will be off– something the convoy wanted from the beginning.

Photo courtesy of Hailey Sani of Flickr Commons – Some Rights Reserved

Merry X!

Posted on by Pete Cross

This is just a brief note to wish you and your families well during this festive period.

To call these times “unusual” seems rather quaint and old-fashioned.

If you are like me, you are simply getting tired and this is as good a time as any to rest. You are likely not tired from the normal activities of life, so much as tired of all the bombarding politicians, the well intending but over-exposed epidemiologists, and all those clairvoyants predicting armageddon or a “new normal”. The constant references to “standing with you in these trying times” truly rankles the now over exposed nerves.

I am sapped of any strength to argue over such things as personal rights versus the public good, or where all the rules, regulations and unenforceable guidelines are going to eventually take us.

So this seems like a logical time to take a pause; a time to re-order our respective universes and measure what is truly valuable. A time to hopefully regain our once rational and common sense perspective. We will have lots of time in the coming months to wind up the rants– after all, the possibilities are endless.

For example. Will Surrey Doug McCallum be granted visitor rights from the Surrey pre-trial centre? Will Covid numbers be the new entertainment, a ticker tape playing over the intersection of Yonge, Bloor and Bay streets; or will you be able to lay down some money over Betway as to the next day’s hospitalizations? Will Toronto do away with Covid restrictions because the Leafs finally get past the first round of the playoffs? After all, they did it for the Blue Jays.

Will the Liberal Party become the Liberal Social Democratic Party of Canada? Will we remember the name of the Conservative Leader in 2022? Will the Green Party finally go quietly into the night? Will Chrystia Freeland survive being Finance Minister and the billions in debt to give her time to arm wrestle the Crown from Justin?

Will the Federal government workers ever go back to work? Will we know if they do?

Can another letter be found to add to the LGBTQIA2S+?

Will the disembowelled Military executive have anybody left to head the next Covid 20 or Covid 21 Operation? No doubt to be titled Operation Here we Go Again.

Will Commissioner Lucki do the expected and predictable and retire to a plushy post with Interpol or some similar benign agency? Will anybody notice if she is missing? Can she please take Bill Blair with her?

Will Cameron Ortis, a genuine black hat in the world of spy versus spy be convicted? If he is, will we ever know?

But I digress.

I started this blog in 2017, and about a hundred thousand words later I continue to be encouraged by you and to continue to work on the craft. There are clearly some blogs which hit an exposed nerve and garner a lot of attention, rewarding in its unpredictability.

I continue to look forward to the comments and am still surprised by the people taking the time to write and offer up their well thought out opinions. Personally, I have connected and re-connected to people across the country and a few around the world.

I try and improve the style and content with every publication but like most people who make an attempt to write, I am usually never totally satisfied. Thomas Mann said “a writer is someone for whom writing is more difficult than it is for other people”.

My fragile ego aside, to those who read and follow along, I offer a heart felt thank-you and this season’s best wishes.

We will see you on the flip side.

The North Pole as photographed by the Mars Express via Flickr Commons by Justin Cowart – Some Rights Reserved

A Difficult Story

Posted on by Pete Cross

 The “discovery” of the children’s bodies found on the property of the Tk’emlups te Secwopmc First Nation in Kamloops, B.C  has captured the attention and the hearts of Canada.

This residential school operated from the 1890’s to the 1960’s and now in 2021 pronouncements are circling the globe claiming a “discovered” “mass grave”, where the bodies of two hundred and fifteen children have been interred. The clear and intended implication was that the bodies were  hidden purposefully to avoid criminal responsibility. The discovery with the use of ground radar, was now held up as “proof” of the “genocide” of the Indigenous perpetrated by the government of Canada, the Catholic church, and the often not-mentioned Protestant religious groups.  

It is an event or story which leaves even those some distance from the issue, affected, wordless, searching for things to say, or at least some sort of explanation. The death of any child, society’s innocents, layers us in emotion and draws up unstoppable grief. As some anonymous person said, “losing a child is like losing your breath… and never getting it back”. It is routinely described as unimaginable and easily overwhelming. It is a difficult story, but there is a problem— it is not totally accurate. 

It seems that we have reached a state of affairs in this country where one must question almost all that is being written or reported in the main stream media. It is becoming painfully apparent that almost everyone has an agenda, whether it be political, or social, and, it is permanently warping our ability to trust. Context is almost always missing. Instead, we are being fed polar views delivered by the loudest insistent voices of there being only one truth. In this case, there is the immediate gush of fury, followed by outlandish statements and demands for retribution. There is a palpable governmental and corporate fear of being on the wrong side of any issue and the  factual information is lost in the rush to judgement. 

By putting the deaths of children in “grisly” and “shocking” terms, the headlines wrote themselves. All who may have been directly or indirectly involved are immediately identified and placed on the wrong side of the  blame spectrum; accusing fingers pointing at the presumed guilty, the stain of that guilt never to be removed. History has shown us many times that this quick need to assign fault, the ignoring of rational alternative records, has not served us well, nevertheless we rarely learn. 

To ask questions, to examine the record, of that which is being portrayed in this residential school story, risks insulting the mainstream. Alternate stories are guaranteed to offend almost all who only see black and white. Be forewarned, I am about to offend those of you who only think in straight lines. That rationale that it has been said therefore it is true. Reality is that almost always the facts are found in various shades of grey. Often, a single one-sided glance can be deceptive. 

These deaths are difficult to process, but it was equally dismaying to see the commentary on the news; the reporting of the deaths as a “genocide” a “crime scene” of unequalled proportions all of which reverberated through the radio, television and print media.  Children “stolen” from their homes and culture. The media in its various forms showing no compunction in knowingly feeding the fire of outrage. The oft repeated story portrayed intrepid searchers stumbling across the evidence of heinous crimes. An unmarked grave site, where children were buried in anonymity. Predictably, politicians of every stripe, climbed on board the indignation train, innuendo solely fed by untested claims of criminality. 

Jagmeet Singh, the Federal leader of the NDP, dramatically, breathlessly, and tearfully, literally unable to speak. The Liberal Apology Party, having apologized several times before, to no avail,  are now demanding apologies from the Vatican— a political sleight of hand designed to make you look the other way. The wokes scurrying around the country trying to hide the statues of Sir John A., the now damned originator of residential schools. 

The purpose of this post is not to examine the policy of the residential schools. Was it an attempt by colonists to wipe out the Indigenous culture, or on the other hand was it an effort to assimilate and educate? The answer is likely somewhere in the middle. The current accepted view was that it was a misguided policy at the very best and it is likely equally clear that many of those involved in the early years were unconcerned at the time with preserving the “culture” of the First Nations. That is a never ending circular debate. The purpose of this post is to merely examine what the evidence actually shows up to this point in time. 

The early reports of the findings by the use of “ground radar” gave one the impression of it being an unexpected  “grisly discovery”. Grisly yes, but it was not a “discovery”. 

The National Centre for Truth and Reconciliation in examining residential schools identified the names of, or information about, more than 4100 children who died of the 150,000 children (some estimates are lower at 3200 children). That represents a fatality rate of 2.7%, or if one accepts the lower rate, 2.13%. 

In 1950, in Canada, the infant mortality rate was 2.92%. A higher death rate nationally than in the residential schools. 

That aside, that children were dying in saddening numbers in the years of the residential schools is a fact. However, the biggest killer in 1900 was pneumonia and influenza and those two illnesses alone recorded 202 deaths per 100,000 people in Canada. There were other killer diseases lurking: smallpox, typhus, cholera, yellow fever, and tuberculosis. TB by itself was widespread in children after WWI.  It was also deadlier, as it was slow to recognize, as it affected the glands, bones and joints rather than the lungs. Those children that contracted tuberculosis had a very low survival rate. So this is being reported as a “genocide” when to date, there has been no evidence of anyone being purposefully killed. 

The second question was why were they then placed in unmarked graves on the property? Was this an attempt to hide wrong doing? There is a simpler but yet unpalatable answer. The cost of returning the bodies to the families was prohibitive during those austere times. That has been documented. Secondly, record keeping in those times both on the Reserves and by the Church were spotty at best and often totally absent. Many children had only their assigned names and a guess as to their true age.

So the children were by necessity, dictated by the times, buried on the property. The fact that the children were buried on the sites of the residential schools throughout the country— some in unmarked graves, others in marked graves, has been known for a very long time. 

The Indian Residential School Settlement Agreement had already recognized that there were 139 residential schools across the country. (These are only those that received Federal support, there were others run solely by religious orders or provincial governments).  An undertaking to return the bodies to the families would be, even to this day,  a logistical nightmare.

The Truth and Reconciliation Commission in 2015 in releasing their report even included a section on missing children and burial grounds. They recommended 94 calls to action. One of those calls was for the the Federal government to work with churches, indigenous communities, and former students “to establish and maintain an online registry of residential school cemeteries, including where possible, plot maps showing the location of deceased residential school children”. 

So two years ago, in the 2019 budget the Liberal Federal government allocated $32 million to implement the burial recommendations. There is still $27 million left. Now, Mr. Trudeau says the government is leaping into action and is going to distribute the money “on an urgent basis”.  These graves were not uncovered and fully documented sooner for a simple reason—government and Indigenous bureaucratic inefficiency. We should also keep in mind that the Provincial government paid for the examination of the the Kamloops residential school site. This clearly was not a cover up. 

There is the additional claim running rampant as part of the cover up theory— that the Catholic Church and the Federal government is withholding records from the schools. 

In fact, the Federal government did indeed destroy documents related to the residential “school system between 1936 and 1944, including 200,000 Indian Affairs files”. Were the records destroyed as a result of a governmental cover-up, or were they destroyed as a matter of routine?  Government records often run on a twenty-five or fifty year timeline. One could presume that death records of any kind should never be destroyed, but that is a separate issue. 

In the early times of the residential schools, accurate record keeping was in short supply. Children were coming in from Indigenous communities where there were often no records of births or deaths, that was the custom. The schools upon receiving these children, were also seemingly sparse with their documentation when compared to standards of the  21st century. Also contrary to the current reporting, in fact, records at the Kamloops residential school have already been provided. It showed only fifty one deaths compared to the two hundred and fifteen, but is that the result of poor  and absent record keeping, or was it a conspiracy to only reveal some of them? 

Mary Ellen Turpel-Lafond, the academic director at the Indian Residential School History and Dialogue Centre at the University of British Columbia, stated that the records from the Kamloops residential school had not been provided to the Truth and Reconciliation group. However, she admits that the “churches handed over most residential school records, but in a few cases, the narratives were withheld, notably at Kamloops and St Annes (in Ontario)” So the Church records, like the children’s bodies were and are hiding in plain sight. The fact that no one has acted on them is probably the story that should be pursued.  

The final question is whether or not this is a site where there is evidence of criminal activity.  Is it as NDP MP Leah Gazan says, that all the residential schools are the sites of “active crime scenes”?

Well no, they are not crime scenes, because crime scenes need to have evidence or confirmation of wrong doing. Now some may argue that the stories told by the Indigenous “survivors”, is evidence enough of criminality. In recent years we seem to have taken the approach that allegations standing by themselves are sufficient evidence of wrong doing. As any homicide investigator will tell you, that is an untenable position.

Little is yet known as to the condition of the bodies. Ground radar (actually it works like sonar) shows very little, other than shapes in the ground. The exhumation of the bodies and subsequent pathology could possibly show evidence of assault, or lead to estimations of causes of death, but to pronounce it so, so early in the investigation is unprincipled. 

Was there wrongdoing at the schools in the form of physical abuse or sexual deviance? Lets ask the current Armed Forces or the RCMP whether its possible that their organizations have been open to abuse and sexual assaults over the last number of years? Would we think the Catholic churches any different?  It would seem impossible that the Catholic church, whose wrongdoings have been hauntingly exposed during the last several years around the world, would not be guilty of some criminal offences over such a lengthy span of time. However, the evidence in the burial site will not likely aid that level or type of investigation.  

Even if  one is to assume that this was in fact a crime scene, then it should be suggested that the RCMP do more than “offer its full support” to the First Nations who are now in attendance and overseeing the “crime scene”.  A crime scene by the way, which will now be forever tainted in the event something is discovered amongst the bodies. The RCMP, if they believe that this is a possible crime scene, should be taking charge and control of the scene if that were the case. Instead, the Minister Bill Blair says the RCMP continues to go forward with its “work towards reconciliation”

Mr. Blair also apologizes for the RCMP having performed according to the law and carried out the “clear and unavoidable role”.  He is late to that apology, probably confused, because Commissioner Zaccardelli apologized in 2004, and then Commissioner Paulson apologized in 2014. 

Despite all these inconsistencies, the fallout damage in the reporting on the residential school  is now done. The political gains that the Indigenous movement hoped to engender have been cemented. The world is now believing that Canadian history includes the genocide of their Indigenous population. 

Now, of course, when pressed on the word “genocide” the spokespersons are falling  back to the more acceptable argument of  “cultural genocide. And, only yesterday an Indigenous spokesperson walked backed away from the “mass grave” description and now clarifies the record to say that they were actually “individual” un-marked grave sites. 

The Perry Bellegarde’s of the Indigenous movement will now proffer up the discoveries as a lever to aid in the battle to get passed– the recently introduced Liberal legislation Bill C-15— the United Nations Declaration on the Rights of the Indigenous Peoples Act. Who would dare to question the bill, while expressing their overwhelming guilt in the treatment of the Indigenous. There is a valid argument that this future Act could give the Indigenous possible veto power over the economic development of Canada. One would have to be incredibly naive to think for a moment that this point has been lost on the Indigenous leadership in Canada. 

In the next few months,  monies will be provided for further examination of marked and un-marked grave sites throughout the country, a process which could take years and years of painstaking “investigation”. The Mounties will no doubt dutifully continue to “standby” and “provide support”.  Commissioner Lucki will be the lead social worker.  

The Indigenous can and will be encouraged by the media to continue to narrate the verbal claims of abuse and “incarceration” at the schools. The dominant reported narrative, like the one surrounding the Indigenous Missing Women’s task force, will remain by its very origin, clearly slanted. The masses will be satiated with apologies or flowered monuments. The truth will have to surface on another day and in another time. 

Prime Minister Trudeau and Minister Mark Miller will continue to ask the Pope for an apology as there preferred policy option. It is interesting to note that Cardinal Thomas Collins of Toronto of the Catholic Church, said that he felt Trudeau’s comments were “unhelpful” and “not based on real facts”.  Amen to that. 

That truth is that children were removed from often desperate situations and sent to sparse boarding schools during a time of disease and illness— ailments from which this country could not protect them; run by religious groups who brought with them there own inherent dysfunctions. This is a difficult story, but up to this point in time, only a partial story. 

Photo Courtesy of Flickr via Creative Commons by GotoVan – Some rights Reserved

Pandering

Posted on by Pete Cross

Under the cloak of COVID, while monies are raining down from on high, the Canadian government has decided that this is an opportune time to pander to the select groups who hold the Federal Liberals dear to their socially active and political hearts. Their slobbering self interest doesn’t seem to know any bounds and it is certainly not constrained by any concern for budget. 

Is it all aimed at a near future election call by the Liberals? Most likely. Is it cynical, opportunistic and ethically questionable? Yes it is. Do their actions have any merit? Possibly, but it would be difficult to measure. However, their motivations are obvious. 

On February 19th of this year, in a single day, the Prime Minister announced three items with that somber voice designed to instil righteousness and clearly aimed at those of us with Grade 8 education levels.  

The first, which is economically debatable but politically obvious, was the extension of the CERB benefits for an additional 12 weeks. Sick benefits were extended as was Employment Insurance for a cumulative total of 54 weeks. The pros and cons of doing this is one for the economists to debate. Clearly though, the handing out of funds never seems to engender any liberal or social antipathy and Mr. Trudeau seems to relish the daily ritual coverage of the doling out of monies, as he guides us to health and prosperity and implores us to save lives.

The second announcement was the re-tooling of the Official Languages Act, which Mr. Trudeau described as legislation to further enhance that “beautiful french language”. In this “modernization” of the Languages Act  as presented by Ms.Joly (a rumoured “favourite” of Mr. Trudeau) should raise some concern and debate; although admittedly no one seems to be paying close attention to an Act to do with languages. It seems like strange timing in terms of priority, until you read what the changes entail. The Bloc Quebecois and the NDP who are currently supporting the minority Liberals must be aware that Mr. Trudeau is preparing to try and pull the rug out from under them— by usurping their claim as being a better representative of the people of Quebec. 

The first amendment is to Section 83 —which states that “nothing in the Act abrogates or derogates from the rights of other languages, by explicitly mentioning Indigenous languages”.  This is lawyer inspired convoluted language but the intended results are that Nunavut and the North West Territories will officially recognize English, French and “indigenous languages as official languages”.  Surprisingly, little fanfare to announce that Canada has another “official” language? It may also seem trite but compliance to this could have profound effect on the courts and the providing of government services.

Also in this Languages Act the government is proposing to “encourage” further funding for french immersion across the country– including the hiring of more french immersion teachers, and even stream lining a “Francophone immigration corridor”. All this to aid them in their search for French speaking teachers outside of Quebec. 

No matter how meritorious this promotion of the french culture and language it is coming at a time when French as a language and culture is dwindling. Using their own statistics, the francophone population outside of Quebec in 1971 was 6.6%. It was 3.9% in 2011 and is anticipated to be at 3.0% by 2036.  One has to question whether an “immersed” Canada outside of Quebec is a relevant and achievable goal. The Liberals clearly think so, but they are likely more concerned in how it will “play” in Quebec. 

Finally, since 2016 the Government of Canada has been “committed” to appointing “only functioning bilingual judges to the Supreme Court of Canada”. However, there was an exception clause in the act under Section 16(1) which was purposefully placed there in consideration of the need for geographic representation on the courts and a possible lack of bilingual judges in the unilingual West. The Liberals are now going to remove this exemption, so that all will have to be fluently bilingual to serve on the highest court in the land. This could have a direct impact on the makeup of this highest court, more francophone than representative.

As an oblique aside, the Government says that “it will be necessary to keep in mind the importance of representativeness of Indigenous peoples in the highest institutions of our country….”. They then direct the Government to “actively envision the appointment of Indigenous judges to the Supreme Court of Canada”.  One has to admire the “actively envision” language as camouflage for a direct order.

Which brings us to the the third announcement of this busy day.

It pertained to Bill C-22, which is to deal with the “Mandatory Minimal Penalties (MMP) as outlined in the Criminal Code and the Controlled Drugs and Substances Act.  They are announcing changes to the fourteen offences in the Criminal Code and six in the Controlled Drugs and Substances Act. Why? If you follow this Liberal government you probably have already guessed. Because, minimum sentences “targets black, indigenous and racialized communities”. 

Their blatantly stated goal is to bring down the numbers of the Federally incarcerated who are there due to “systemic discrimination and racism” and a system which they believe punishes “black and indigenous people”.   Mr. Lametti seems to want us to believe that this “over representation” was some form of pointed racist selection process, not the result of persons having committed the crimes.

The statistics are bold and clear.

 From 2007-2017 they argue “black and indigenous were more likely to be admitted to federal custody for an offence punishable by a MMP”.  Although only 5% of the population is indigenous, they make up 30% of the Federal inmate population; blacks represent 3 % of the population but represent 7.2% of the incarcerated. The answer, according to the social progressives, is not to try and stem the crime by fighting the obvious crime instigators like poverty and unemployment in these communities. Their solution, if parties are caught in a criminal offence, is to promote “judicial discretion”. They are directing Judges that they “must take into consideration the individual and their experience with systemic racism”. 

They will even be funding $28 million to “social contracts training” for  Judges in case they are missing the message. 

Is there evidence that mandatory sentencing doesn’t work? Yes, but there is also evidence that it does work, so this reformation is not necessarily based on the evidence— what it is based on is playing to a certain minority.  

In 2008 the Supreme Court of Canada ruled that minimum sentencing was constitutional but maybe not an “appropriate response” to Section 12 of the Charter which deals with cruel and unusual punishment. 

The pros of minimum sentencing point out that it eliminates disparity, provides consistency, and avoids Judge shopping. If one holds that the law should reflect the peoples wishes, in 2005 —74% of Canadians felt that sentencing was too lenient. It should be remembered that the minimum sentencing was brought into effect under the dreaded Stephen Harper Conservative government in response to Canadians and their complaints about the lack of justice. 

But none of this seems to have been the motivating factor for Justice Minister Lametti. What may be more relevant is that the multi-party “black caucus” issued a call to action  and “demanded the elimination of mandatory minimums”. Mr. Lametti a signatory to this document.  

There is little doubt that Mr. Lametti has been emboldened and given comfort by the courts, which are allowing him to play to the minority audience. 

In 2016 in R vs Lloyd, when dealing with some drug offences, the court thought that the drug offences and sentencing for them did not take into account “indigenous heritage and the impact of colonialism”.  In R vs Gladue the Judges said that a different “analysis and approach is required by Judges when sentencing aboriginal offenders and that “imprisonment is a less appropriate or less useful sanction”.  

Far be it for this writer to be in disagreement with the learned judges of the Supreme Court of Canada. They are a distinguished group of scholars, but their voting records seem to have a very natural lean to the left. Mr. Lametti and the Liberals are also playing in the Biden band and trumpeting whatever is currently playing in the North American media. The riotous Trump entourage is now thankfully gone but we now have the Trudeau and Biden love-in which could prove equally destructive and divisive with its approach to social issues, or rather its dogmatic adherence to Twitter driven policies.

Having lived most of my life in the criminal world, the positions of this Liberal government when it comes to crime and minority rights, seems at times completely ludicrous. We have been traveling down this left branch of the victim road for an interminable many years now. One has to wonder and ask that with each further step— are we getting any closer to some ill-defined justice utopia ? By creating different classes of criminals with different levels of personal and cultural responsibility are we moving towards justice and fair and equal treatment, or away from it? 

The Merriam-Webster dictionary says that the definition of justice is a concept on ethics and law “that means people behave in a way that is fair, equal and balanced for everyone”. Minimum sentencing seems to fit that definition whereas the policy of Mr. Lametti feels that the principal of proportionality applies and one should allow for “the role of the social context”, which seems counter-intuitive.

The symbolic scales held by the Roman Lady of Justitia symbolizes giving fair and objective consideration to all evidence, without showing bias one way or the other. Mr. Lametti and his Liberal colleagues are unhesitatingly standing on those scales and even trying to influence who hold those scales. They are brazen in their efforts, choosing a time when debate and accountability have been Zoomed out.

The fifth estate have been completely coopted by the the social agenda, content to just count the number of COVID cases and their variants. To them, application of justice, or the breach of charter and constitutional rights are far less interesting than Oprah, Harry, and Meaghan. The pablum of celebrity successfully diverting us from worthy debate on issues of importance; and, that is what the Liberals are counting on.

Photo courtesy of DonkeyHotey via Flickr Creative Commons – Some Rights Reserved

Systemic Corruption

Posted on by Pete Cross

Insidiously, it seeps just below the surface,  swirling in and around every level of the Canadian mosaic. Currents of malfeasance, some large, some small, quietly percolating. Lapping endless waves of cronyism, nepotism, parochialism, patronage, influence peddling, graft, and embezzlement. 

In some countries it is prevalent to the point of being part of a daily existence; places where all daily activities take into account the need to pay forward the corruption.  In the other more “privileged” or affluent countries, like Canada, we smugly point at those living in that third world of undeveloped and often corrupted governments as we shake our heads in disbelief at the levels of criminality. 

The problem with corruption, besides the obvious, is that the slow trickle of misconduct eventually begins to erode societal morals and principles. It begins to gnaw at the very bonds of society.  We, as a society, need to believe in the stability and honesty of a government and those that have been appointed to lead.  We hope that there is an inferred sense of fairness in the vital portions of our society. 

Without it, discontent with one’s position in that society begins to fester. Discontent is followed by disbelief—  one begins to question the “system”.  If doubt in the system gains a foothold, this further undermines the structural pins of decency and respect. 

There are some that contend that systemic corruption combined with the gradual extinction of the middle class is the biggest problem currently facing the democracies of the West. There are some that believe that if not addressed it could indeed prove fatal to our current system of government. 

After all the power of corruption is absolute. One only needs to watch the now besieged authoritarian government in Belarus. This corrupt government which has been led for 26 years by the authoritarian Alexander Lukashenko is now in retreat—the streets now teeming with violent protest. 

Lukashenko pronounced an election victory— one that was clearly rigged in his favour —proved to be a final and ultimate straw for the citizens of that country.  His government’s corrupt practises over the years has now launched daily protests of 200,000 people. As many as 7000 have been arrested and detained as he clings to power and calls on his ally Putin to come to his aid.  Europe’s “last dictatorship” is now in rightful peril. 

Clearly there are levels of corruption around the world. 

Tradingeconomics.com actually compiles a “corruption index” of countries. Belarus, surprisingly considering its problems, is only 66 on the list of 180, 1 being the best, and 180 being the worst. (Somalia has the distinction of being the worst and Denmark is listed as being the least corrupt country in the world)  

Canada is number 12 on the list. (We were 9th in 2016) but due to its slight deterioration Canada is now considered a country “to watch” alongside Saudi Arabia and Angola.

On the surface this seems like a good number, but how do we measure corruption in this country? Let’s consider some recent Canadian examples. 

The underground economy in Canada is estimated by Statistics Canada to be about $45 billion— $16 billion in Ontario alone. Current estimates suggest that this “irregular” economy may account from 10-25% of reported Gross Domestic Product, and that this illicit part of the economy is actually now growing faster rate than the GDP. 

In a poll a couple of years ago, a group of Canadian executives found that twenty per cent of these business leaders believed bribery and corruption were “widespread in this country”.

Recently, in British Columbia the Money laundering Inquiry is for the first time officially looking into what most people have known in this Province for a long time; that illicit funds have for many years been continually funnelled into real estate and high end vehicles; millions of dollars using the casinos as an easy conduit.  

Criminologist Stephen Schneider said that “while criminal organizations have traditionally laundered the proceeds of crime as part of their broader operations, separate money service businesses are now facilitating them”. He goes on to describe the Vancouver “model” which centres around “professional money laundering”. He flatly states that British Columbia is simply “an attractive place to do that”.

When describing financial crimes like securities fraud or stock market manipulation Schneider said that Canada “has never been very good at addressing them”. In summing up an overall picture he describes the obvious “low-hanging fruit” which is the street level drug trade;  but the real danger occurs “within commercial crimes that may be committed by corporations and private businesses that appear legitimate”.

Another recent example which is slowly falling from public view is the SNC Lavalin affair. We should remember that this large Canadian once reputable organization pled guilty to fraud for work in Libya and has now agreed to the paying of a $280 million fine. They were caught having paid $127 million in bribes and laundered millions to win contracts in Libya. A large chunk of that money, some $47 million was paid to Saadi Gadhafi, son of the late dictator Moammar Gadhafi.  Suffice to say that this Canadian company was playing with the upper echelon of the world criminal sphere. 

The RCMP in Canada has over many years systematically dropped the proverbial ball in terms of pursuing these “white collar” types. But this lack of effort can not be totally blamed on the police. The prosecution services, the financial regulators and the corporate world are at the very least guilty of astounding willful blindness. 

As an example, in 2008 and in 2014, the Financial Action Task Force, a relatively unknown but influential international standards setting body called out Canada for a “significant set of deficiencies” specifically regarding our ability to determine the “true owners of private corporations”. This is referred to by accountants as “beneficial ownership transparency” and is the key factor in tracking down financial criminal activity and corruption. Our collective blindness once again at fault.

Finding corruption is in fact quite easy. Just follow the money. Pots of money will always draw the flies, those perpetrators and opportunists along with the ethically challenged corporate insiders. 

The criminal hawks are continually circling. Let’s consider the recent CERB cheques in Canada.  They have gone out to 7.8 million individuals. Statistics Canada then quietly noted, that even though 7.8 million people benefitted “only 5 million Canadians -employees and self-employed people–either lost their jobs or began working less than half their normal hours”.  Even with limited mathematical skills one can easily calculate that this  leaves one with a potential of 40% of the claims being fraudulent. With the announcement of no due diligence required, the fraudsters had to be salivating. Sadly, it has become equally clear that many Canadians have no problem in trying to “rip” the system. 

This leads us to the reverberations out of the WE scandal in Ottawa.  This drew in our own Prime Minister, the Minister of Finance and the Chief of staff of the Prime Minister. 

The Finance Minister, whose daughter was working for WE, and the Prime Minister whose wife, mother and brother had all been paid by the WE brothers in some form— apparently didn’t even know enough about business practises to understand the concept of recusing themselves.  Their sense of entitlement blinded them in their own deceit.  

It was also revealed recently that the WE executives referred to Mr. Morneau as a “bestie” in some back and forth emails. This same Minister quickly remembered, while walking to the very Committee hearing, that he “forgot” to pay back $40,000 in expenses for two rather dubious trips. 

At the time of this blog, Mr. Morneau has now been pushed to the curb, but undeterred is applying for the job of the head of the Organization for Economic Cooperation and Development. One has to wonder how that that job application will skirt around a couple of sticky ethics investigations, but pay no mind, because the Prime Minister is going to vouch for him. 

Mr. Trudeau, for his part, in the style of a tin pot dictator has now “prorogued” the Canadian Parliament, stopping all the activities of Parliament until September 21st. An apt parallel would be if you imagined Trump shutting down the Mueller inquiry. 

It effectively shuts down the various Committee investigations that were going on involving WE and the Liberals. 

But what may be the most disturbing to this writer is the lacklustre enthusiasm for pursuing the offenders in this country. What is it about the citizens of this country where there is no outcry against the white collar criminals?  No outrage or demand for accountability. 

This is a country that applauds the Hells Angels on their toy run, turning our heads from viewing their daily practise of extortions, and torture.  Beatings and killings of the innocent and the promulgation of the sex worker industry or the drug trade is ignored, as long as there is a stuffed bear attached to their handle bars. 

There was a massive outcry in the United States, cameras traipsing behind mediocre actress Lori Loughlin who was convicted in a nation wide college entrance exam cheating scandal for her involvement in getting her  “gifted” kids into University. The U.S. and Canadian media coverage was endless. 

While in this country, businessman, philanthropist, BC Sports Hall of Fame and former CFL’r David Sidoo was found guilty in this same scandal of cheating to get his two sons into college in Boston. He paid $200,000  to have a professional test writer use false credentials to impersonate his two sons to write their SAT’s. He even flew the fraud artist in to write one of the high school exams for one of his sons. Has there been massive shaming, has there been any calls for his removal from the Hall of Fame? Crickets. 

Commissioner Lucki, meanwhile remains in seeming isolation,  effectively distancing herself from the Coronavirus and any investigation involving the Liberals.  One should not expect anything to come out of the Ottawa RCMP corridors in terms of any investigations of wrong doing while under her oversight.

Remember when Ms. Lucki was asked about the investigation of obstruction involving the Prime Minister and the SNC Lavalin controversy? She replied that the RCMP “takes all investigations seriously, and investigate to the fullest”. That was in September 2019.  

Ms. Lucki is proving herself to be a plodding one trick pony. Diversity is clearly her one and only issue. It will also likely prove to be her swan song.

So what does the future hold. Well, the only thing for sure is that Canada on the afore mentioned corruption index is likely to slip further down the ratings. 

Canadians are now becoming a bit closer to Belarus than to Denmark. 

Photo courtesy of Christopher Dombres via Flickr Commons – Some Rights Reserved

Machiavelli in the Midst

Posted on by Pete Cross

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It keeps pulling you back, you try to get out, and it just pulls you back in again, a sucking vortex of palace intrigue. An Ottawa drama, part Downtown Abbey, part the Office; backroom politics on full enticing display. Throw in the ridiculous opposition parties with over the top hyperbole and a salivating ‘breaking news’ media, and admittedly it makes for a delicious soup for the political junkies. We all know, or at least presume, that behind these syrupy politicians there is often a hidden counter message, but we are not often given a glimpse of the nuances, the real dialogue, where honesty often hides behind the curated media releases.

Trudeau’s gossamer world of appointments based on identity politics and minimal merit are now crashing head long into reality, a reality played by a group of less than pure politicians. The Liberal policy planks of women advancement and Indigenous reconciliation are being gutted– ripped from their promised platform by a woman who maybe should be identified as more Louis Riel than a Federalist Trudeau Liberal.

We have now learned that Ms. Raybould was audio recording her meeting with Michael Wernick and has now provided a 17 minute tape to the Justice Committee, unbeknownst to Mr. Wernick. So, it would appear that JWR (as the fawning press like to call her) has more in common with Michael Cohen, the greasy lawyer for Trump than any of us would have thought, or has been written in a previous blog where we compared the two. Cohen recorded Trump during the time he was negotiating with the ‘affair’ girls. Cohen wanted Trump on the record, for blackmail or for just covering his posterior, it is not quite clear.

So we would be remiss if we didn’t ask Ms. Raybould as to why she was recording her discussion with Michael Wernick? What was her intent?

Having been around for a few years in policing, this writer dealt with wiretaps, interview recordings, and the surreptitious recording of suspects. It becomes very clear if operating in this world, that if one is recording someone else, unbeknownst to that party, they are hoping for one of two possibilities. That the recorded person says something out of the ordinary, or, they are hoping to entice that recorded person into saying something out of the ordinary. In other words, there is a singular purpose to the effort. Was Ms. Raybould recording this conversation as possible “evidence” of wrong-doing, or is it a little more sinister, something that she could use as a weapon against the powers to be, especially if they tried to get rid of her.

“it is better to be feared than loved, if you can not be both” – Machiavelli

The questions that this recording and its content engenders are numerous. Remember that she never mentioned having a recording of Wernick when she testified for 4-5 hours. Did it slip her mind? Did she not see it as relevant at that time? What changed? Did she record anyone else? Are there other recordings that she doesn’t think are relevant at this time?

The recording basically covers the same territory as has been outlined by JWR and Wernick. There is nothing earth shattering in it. It is clear that the Liberals were putting pressure on her, and it was equally clear in what she said and how she said it, that JWR was adamant and somewhat belligerent about having made up her mind. Wernick says the Prime Minister is concerned that they are not considering a DPA (Deferred Prosecution Agreement) even though it is a tool that is open to them, and the loss of jobs for SNC should be a consideration. Wernick on a couple of occasions argues with her about it constituting in undue pressure saying “I’m not seeing anything inappropriate in it”. This of course fits with what he said during his appearance before the Justice committee.

There are some other tantalizing clues in the audio recording.

Wernick expresses concern that it is not good that the Prime Minister and his Justice Minister are at “loggerheads”. Clear indication that this is not the first disagreement which has occurred between JWR and JT.

Ms. Raybould is clearly agitated in this conversation. She in clear and no uncertain terms says that she believes that this is “interference”…that they are “politically pressuring me”. Was she speaking to the recording? It was a very clear and concise choice of words, somewhat out of sync, but deliberate in their delivery.

She is also clearly agitated by the fact that Wernick tells her that the PM may get some advice from Beverly McLaughlin, the former Supreme Court Chief Justice. You don’t have to read too far between the lines to see that they are questioning her competence, and she does not like it.

She even misstates during the phone call that she has “evidence” of a copy of the Section 13 being sent early in September to the PMO; then quickly changes it to having notes of it being sent to the PMO. This slip in language is further evidence that this phone call, her note-taking, her direction to her staff to take notes on this matter, is clearly indicative that Ms. Raybould was in the stages of preparing her personal case. She felt the need to prepare a case against her leader and his minions, but is she preparing this case because of her ‘principles’ or is this because, as she states in this very conversation that she is waiting “for the other foot to drop”? Her “dream job” after all (at least in her mind )was in jeopardy. So was this plotting and framing a case about her job security or was it for standing up for prosecutorial independence?

It is this writer’s belief that JWR was not taking this stance because of the SNC-Lavalin affair. What has often been largely ignored in the reporting to date is the fact that JWR has shown no previous problem with interfering in the judicial process– she has in fact interfered in a direct way on more than one occasion. Whether it be the Colten Boushie trial in Saskatchewan, or in the Restoule case, which has been outlined by former Judge Brian Giesbrecht of Manitoba in his article in the CTC Journal.

In the Restoule case, Indigenous lawyers argued that treaty annuity payments in the Robinson treaties (covering the Northern Great Lakes) should be retroactive for the last 150 years. A “practise directive” was issued by JWR’s office which deliberately weakened the Crown case making it inevitable that the Judge would “find for the plaintiff”. In effect the Minister “threw the game”. Other indigenous groups are now lining up to try and get the same rulings in their cases. This could cost in the “billions of dollars” and an anonymous Crown stated at the time and that if “these directives are not reversed there will be huge financial consequences for taxpayers”.

How this is not a conflict of interest should be the first question. When the Justice Minister, a former Assembly of First Nations Executive, is making policy and issuing directives directly affecting the Indigenous and their future claims. (Do you remember the furor by the opposition when Morneau was involved in legislation affecting the insurance industry) But besides being a clear conflict, it is also clear evidence that JWR has no compunction in interfering in the judicial process. She just doesn’t want to interfere for SNC Lavalin.

One of her last acts as the Justice Minister, after being demoted, was to affirm her Practise Directives to the Justice Ministry where it was stated that they should cease “adversarial” arguments in all litigation involving “indigenous claims”. In other words, find a settlement with the Indigenous claims, do not take them into court.

In this audiotaped phone call it starts with Wernick saying that he is “not calling you about the litigation directive”. Was there a previous dispute about the litigation directives? Were her directives which could effectively cost the taxpayers millions if not billions of dollars maybe being seen as a cause gone too far, even for the Liberals?

We have also now learned, apparently by a Liberal leak, that Ms. Raybould was trying to have a Manitoba Justice, Justice Glenn Joyal elevated to the head of the Supreme Court of Canada. An unusual move as Joyal was not already a member of the Supreme Court of Canada. The credentials of Mr. Joyal aside, apparently Ms. Raybould planned to then move an Indigenous judge into the vacated Manitoba Court of Queens Bench. Apparently, Trudeau did not go along with this recommendation and instead appointed Richard Wagner.

The leak itself has caused consternation among the Conservative and NDP pundits (although they had no concerns about the original Globe and Mail leak–which clearly pointed at Raybould’s office), but the fact that Ms. Raybould’s was maybe orchestrating another pro- Indigenous political move, seems to be secondary to the partisan commentaries.

It is mesmerizing that Ms. Raybould is escaping close scrutiny of her motivations and tactics. Is it possible that our level of political correctness does not allow for the same scrutiny for a woman, and that an indigenous woman is somehow fireproof? Is it possible we overlook a clear conflict of interest, a single issued focused minister, who is in the habit of recording her colleagues, and instead want to believe her to be some form of principled Mother Theresa?

This blog would never be judged a supporter of Justin Trudeau and this group of Liberals. They have brought this on themselves. But they are awakening now to the fact that there was a Machiavelli in their midst, someone capable of deceit who was prepared, if scorned, of taking all of them down.

In July 1974 Richard Nixon went down in flames over a recorded conversation, the infamous “smoking gun” tape that had been exposed by Alexander Butterfield. Ms. Raybould’s tape may also be her downfall, as the element of mistrust of her is now forefront in Liberal caucus minds and the cracks in her armour are beginning to appear.

Does Ms. Raybould have an agenda? There should be little doubt.

She clearly has designs on being a power player in the Liberal party in the future. That is why she has not left the Party, which seems counter-intuitive in light of her slagging of Justin. How could one possibly argue their personal “principles”, say you have no confidence in the leader of that party, while at the same time stay in the Liberal party?

Today as this is being written she is arguing that she should be allowed to remain in caucus. She clearly wants to stay and take advantage of being in the Liberal circle. One can only wait and see if the Liberal caucus will be swayed by her claim of pure intentions and that she is doing the “best job she can” as she told Global News in a somewhat arrogant and testy reply as to whether she should resign.

In her public posture she will keep polishing the teller of truths narrative. She has no other choice, but one wonders if the recording was a step gone too far in terms of her political agenda. Whether it was a mistake or not, it clearly was a revelation of her true character.

During a recent feast hosted for her in Campbell River on Vancouver Island her tried and true repetitive theme came through– “I come from a long line of matriarchs and I am a truth teller in accordance with the laws and traditions of our Big House…”.

One has to wonder whether “her truth” is actually the same as our truth and whether the “Big House” includes the Houses of Parliament.

Photo courtesy of Jody Wilson-Raybould via Twitter

Diversity vs Merit…planned discrimination?

Posted on by Pete Cross

The term, affirmative action, in the 1960’s was a dictate given to the Government of the United States under then President John Kennedy to hire or give equal opportunity to the disadvantaged, to hire “without regard for race, religion and national origin”.  It was often designed to compensate for past discrimination, persecution, or exploitation by the ruling class.

A laudable goal to be sure, as the intention was to pull up those that were disadvantaged, to take away any roadblocks that kept some down and not able to compete in the economic world of the day. It was a typical liberal policy reflective of those times, it was  “Camelot” and the Kennedy era, where equality and fairness were the principle objectives and would be emblematic of the ensuing two decades of U.S. policy. It was the era in which I grew up and came to self-identify. It was the era when governmental change was an instrument of good and it was a time when people wanted to give back.

The goal of  affirmative action advocated a generational change, a lengthy process to be sure. Not to be accomplished overnight, or even over a single Presidential term. In almost all circumstances, a formative change actually requires patience, and it requires a cultural change.

If these goals outlined by Kennedy and to a smaller extent by Pearson in Canada in the 1960s were to reach fruition, then there needed to be education and time. Politicians being what they are in our democratic and fixed term systems are not patient, they want to see and boast about change in shorter windows of time. Long term planning or even projecting out for 10 years is difficult if not impossible, and there in lies the rub.

So “affirmative action” and what it came to mean began to evolve, mainly to suit political need for instant gratification.  They needed to force the issue, to put persons into roles or jobs, or education, earlier than generational change would allow.  Qualifications, or deservedness would have to take a back seat. That some tolerance be built into the selection process, that qualifications be bent and sometimes lowered so that these persons could immediately or quickly fill these roles.

In other words instead of all boats rising with the tide, it became necessary to “favour” certain groups. This re-interpretation of the meaning of affirmative action was not a subtle change, it was one which has had a massive ripple effect.

The world began to follow suit.  Some countries, including the U.S. even began to use a quota system, where a certain percentage of government jobs, political positions, and school vacancies were reserved for specific  members of certain politically chosen groups. And this continues to this day.

Of course this by definition means that not everyone is treated equally and it would be only a matter of time, before some took umbrage with a system, which by its very nature excludes certain individuals, albeit usually the more advantaged groups.

So in most recent years, it has been generally true that countries where there are laws dictating racial and gender “equality”, many of these affirmative action programs which had dictated quotas were now declared illegal. The U.S. courts in particular saying that affirmative action programs  dictate that not all persons are treated equally, and therefore should not be allowed.

However there are countries in the world where quotas are still allowed, and have been used, and continue to be used extensively.

Nathan Glazer in the Harvard Crimson argues that the quota system divides people into categories, into racial, ethnic, and gender profiles. And benefits, and penalties would now adhere to these various compartments. “People would try to advance on the basis of group membership rather than individual capacity”.

In Canada, the politicos sensing some possible rejection of affirmative action and quotas,  began to use a new term, something they believed to be less offensive.  So we now have been programmed to accept the new “diversity”. Diversity, is defined as “the condition of having or being composed of different elements”. The Miriam dictionary then goes on to say that it can mean”the inclusion of different types of people, (such as people of different races or culture)”.

It is government speak for affirmative action in general, and they have replaced the likely illegal “quotas”, with “goals” or “targets”. They play to the “disadvantaged” groups, to try and counter balance a legally tenuous position. There is little argument to the fact that affirmative action is in fact discriminatory. Discrimination defined as “treatment or consideration of, or making a distinction in favour of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather on individual merit”.

But whether one agrees or not, we have a government who has become fixated with the need for “diversification.”

Of course the real balancing act is how far does one swing the pendulum, how far and to what level  is for instance, is one prepared to ignore merit in favour of ethnicity, or gender, or a visible minority.  Practically, in terms of hiring or university admissions, it is difficult to give specific policy or guidance as to how one needs to approach the problem without stepping over the line. How does one apply goals or targets without imposing quotas? Very few politicians and bureaucrats seem capable of reflection, they approach it like a quota, easier to apply, and easier to boast about their numbers.

In 2016, the Federal government announced a new appointment process for boards, agencies, tribunals, officers of Parliament and Crown Corporations. It specified that “diversity” was the goal, while it opened up the applications to the public. In other words, it did not set or say the word “quota”  per se but encouraged the government mandarins, and put them on notice that they would be measured by their attempts and delivery of “diversity”.

According to this same article, the Privy Counsel office has now released its numbers so that of the 429 appointments that have been made to date since 2016; 56.6 per cent women, 11.2 per cent were visible minorities, and 9.6 per cent were indigenous.

It then goes on to prove its point by counting the numbers:  48.3 % women, 16.1 per cent minorities, and 6.5 per cent indigenous. In Canada it points out, there is actually 50.9 per cent women, 22.3 per cent visible minorities, and 4.9 per cent indigenous. They are not arguing a generational change, they are pointing to their targeted “goals”, their “quotas” having been met. There is no other way of explaining it. Are we to believe that in one year, more indigenous people, or more visible minorities have been in a position to apply for more governmental posts because of improvements in their education or in their qualifications. That would be difficult to believe. It is far more likely they have been pulled up to fulfill a quota.

Justin Trudeau often brags about his “diverse cabinet”.  What he actually means is that his cabinet has been chosen in a quota system. Today in the news, the CBC headlines the fact that the Canadian government is now beginning to be as “diverse as Canada”.

Wendy Cukier, who is the director of Ryerson University “Diversity Institute” is happy with the numbers and lauds PM Trudeau for having made “great strides on gender”. She would like us to believe that in a year period, more females became more qualified for various jobs because there was “equal opportunity” got those jobs. Or is it possible that they were told to fill more positions with women regardless of merit?

This is playing out in every walk of governmental life. In policing we went through the quota hiring of women, and various visible minorities over the years. Every government department Provincially and Federally has fallen in line with this type of quota hiring.

Persons are gaining management positions, or being accepted into specialized jobs, not because they are the best person for the job, but by the fact there application is being skewed in their favour, sometimes to a large degree; skewed by their colour of their skin or their gender. It is troubling, for example, if a hospital is hiring a doctor, should merit not be the only single factor?

There are those that would put a strong argument in favour of “quota” hiring as a way of righting the wrongs of the past. If one accepts this principle, one is in effect accepting and proposing one level of discrimination, to right the wrongs of a historical discrimination. But be it as it may, my argument is that if the government of the day feels that this is acceptable, then at the very least they should be honest in their intentions.  It should not be allowed to be portrayed as an equal playing field to the general public. It is not.

Where “diversity” is a stated goal and gender or sex is part of the selection criteria it should be stated clearly. People should know that if you are applying for a police force as an example, other factors are coming into play, including the colour of your skin and your gender, and they should be told what is the given priority, and how it would affect their application.

An issue that also naturally evolves from this process is the growing need to determine if there are some significant after effects to this practise. If one continues to hire under qualified people, does the job suffer, does the output suffer? If they are not the best people for the job, is the job being done in the proper manner? If one throws out merit, or lessens merit in a bureaucratic system, does advancement and morale suffer?

We are now in a position where we have to question both the deserved and the undeserved. When you know the hiring process, and the priorities of government, it makes one question, why or how someone was chosen for this job. It may reflect badly on the person holding the job, tainted by this quota policy, even in cases where in fact it was deserved.

Were members of Trudeau’s cabinet chosen because they were the best for the job, or because they met his mandated quotas and play to his constituencies for whom he wants to be seen as the saviour. Women voters, non-visible minorities, and the up and coming indigenous groups are the stronghold of the Liberals, the bastion they hope to win over in future elections. The answer seems obvious.  Trudeau and the Liberals are engaging in obvious vote buying, and the Conservatives and the NDP are trying to do the same and get in on the action.

They are all playing politics to a high level, and it is costing this country. Merit has been given a back seat, “diversity” is the mantra being extolled by every politician from every pulpit. Do not challenge or you will be portrayed as a racist.

One could point out that the apartheid government in South Africa, as a matter of state policy favoured white-owned, especially Afrikaner owned companies.  It was clearly in place  to prolong white rule and power, and this quota system was discriminatory and the world celebrated its eventual downfall. But any quota system is discriminatory, the only thing that changes is the target of that discrimination.

I believe that when merit is given such short shrift, when merit becomes secondary to optics, everyone loses. We become compartmentalized. My stand is the one echoed by Nathan Glazer in that affirmative action, as it was originally intended is still a worthwhile intention. However,  quotas, thinly disguised as “targets” or “goals” should not be acceptable at any level, whether being practised by your government or your workplace.

And if you think some level of discrimination is o.k., then at least have the backbone to articulate and specify who in society you wish to treat as more equal than others. And then let the public decide.

 

Photo Courtesy of Creative Commons via Flckr by Edyta Mazur – Some Rights Reserved