Bowing to Ignorance

It was hard not to feel sorry, or a better word may be uncomfortable for the beleaguered Commissioner Lucki, or maybe even the befuddled Deputy Commissioner Zablocki. These two individuals have risen to the upper echelon of the Mounties and have been drinking in that rarefied air, playing to a political agenda in relative peace and harmony. But here they were, in the last few days, cornered and out-gunned by the more politically correct, the masters of appeasement. Even they could not have imagined this looking glass world of righteous indignation which was being thrust upon them with increasing ferocity.  

Through their careers they have been promoted and extolled for their adherence to the themes of diversity and inclusion, and in many cases had to abandon ethics and principle. They were required to chant in unison the mantra of the enlightened progressives. Go along to get along would have been their placard as they eyed and encircled that executive corner office. In this and that environment there was absolutely no tolerance for dissension or counter-point. Similar minds were recruited and pulled up the ladder by the other similarly minded. 

Say nothing offensive, say nothing for which you could later be held accountable. Job experience or the position that was held was a distant second to conforming to “the system”. Pandering to those favoured interest groups and following the progressive line has been “systemic” for a number of years. 

But in the last number of weeks, we reached a point of significant accounting, a “crisis” if you prefer the new word for news. Of course I am referring to this newly professed outrage of police brutality and rampant racism in the RCMP, all of which had been ingrained by some sort of conspiratorial process.

The force of the cable news pushed Ms. Lucki out of hiding. Most of all the throngs were demanding acquiescence. Like the Papal blessing from the Vatican, they wanted the head of the RCMP to publicly acclaim their beliefs and proclamations of “systemic racism”.

So, she consented to do an interview with that bastion of special interest bias, the CBC, to be conducted by the“Senior Political correspondent” Rosemary Barton. Ms. Barton, who no doubt feels that she is the epitome of the probing journalist, is well connected to Justin Trudeau and the inner Liberal sanctum. Ms. Lucki must have believed or may have been comforted in the fact that she was in normally friendly territory. 

Throughout this interview, it was clear that Ms. Lucki was referring to her notes when she was being pressed on the terminology of “systemic racism”. Finally, Ms Barton pushed, so “you you didn’t answer the question, do you believe there is systemic racism in policing organizations, including yours in the country?” 

What followed was an inept stumbling meandering response to that “interesting question”.  Clearly, Ms. Lucki knew it was coming, clearly it was the thematic background for the entire interview. It was also equally clear that  the CBC was pressing to have Lucki admit on camera to “systemic” racism. The masses demanded it. Ms. Lucki was not ready. 

Ms. Lucki chose to respond by saying that she was confused by the many definitions of “systemic racism”.  One had a mental picture of Ms. Lucki surrounded by Funk and Wagnals, Oxford English, or Miriam-Webster dictionaries desperately thumbing the pages trying to gain some insight. But, it was all to no avail apparently, frustrating she said, as there were so many “versions” of it. 

It should be noted that the interview with Ms. Lucki was a day or so after the interview given by Mr. Zablocki— who in after an apparent dose of sodium amytal stated that there was no “systemic” racism in the RCMP. Unfortunately, the dosage wore off a few hours later. 

Still struggling, Lucki looked down at her notes to say “if you mean unconscious bias” —then she would admit that the RCMP was guilty as charged. 

The interview painfully continued and Ms. Barton opined at one point that in this country “people feel scared calling the police”.  Even this outrageous comment did not force the docile, pliant Commissioner to react in defence. She trotted out her tested and true response: “We need to get better”…”my expectations are high”. She went on to agree to review the carotid hold which was still in use, to bring better accountability through possible use of body cams, as that was part of her “digital policing strategy”. After all “we need to get better”.

The interview concluded with the Commissioner inappropriately telling Ms. Barton “thanks for your respectful questions”. She was clearly relieved; but this too would be short lived. 

A day or so later, Trudeau threw them all under the bus. 

Of course, there is systemic racism in the RCMP according to Trudeau. It was everywhere. 

No one missed the irony that this was coming from the three times “black face” Prime Minister, the white privileged Prime Minister. 

Shortly thereafter, predictably, Ms. Lucki turtled, fell into the prone position, hands over her head and ears, instinctively warding off the blows of the persistent masses. Through the safety of a press release said:

“…I did not say definitively that systemic racism exists in the RCMP…I should have”. 

So given this state of confusion, this intrepid blogger feels obligated to help these poor confused mandarins of the RCMP.  

“System”, from which the word systemic originates, is referred to as the “structure, organization, order, complex, administration” etc. If one stretches the definition and refers to “the system” in the modern vernacular, one could be referring to “the ruling class, the regime, bureaucracy”.

So follow along you poor, confused, Mountie managers, if one is claiming “systemic racism” one is claiming that the bureaucracy, the administration, the laws of this country, the structure of the RCMP, is in fact racist. Systemic racism to exist and meet the definition, must be built into the rules and the structure of the organization. Miriam Webster says that “systemic” means that it is “fundamental to a predominant social, economic or political practise”

Does anybody inside the RCMP believe that to be the case? 

Of course, you are allowed to have that opinion but, there is a convincing argument to be made that in the last twenty or thirty years that the administration and the bureaucracy, and the management of the RCMP organization has in fact been the exact opposite. 

Affirmative action hiring, recruiting, promotion, transfer policies, have in fact been tailored to meet the demands of the growing multi-racial society of Canada. Community policing, school liaison programs, Youth Intervention, and the like have all been tailored to meet the growing demand of diversity and inclusion. (How successful they have been is quite another matter. )

Nevertheless the Commissioner of the RCMP (and there have been no dissenting voices among the other RCMP managers) has now implied that everyone and everything in the Mounties is racist. The entire system. 

This charge is absolute nonsense. But, no one is daring to step in front of the stampeding herd. The herd has declared it to be, therefore it is. Celebrities and sports figures joined in.

It should be noted that when we go to these protestors, or their talking heads and seek specific examples of this systemic racism none are proffered.

Chief Allan Aden of the Athabascan Chipewyan First Nation in Alberta stated “If a white man is denying systemic racism, that is systemic racism”.  This is the level of intelligent debate in this country.  If I deny I am a sexual predator, I am therefore a sexual predator. 

This very same logic was used by the minority leaders of the Opposition NDP who has never missed a cause or a bandwagon on which to jump. So he was poised for this latest cause. He proposed a “unanimous consent” bill, for all parties to agree, that the RCMP was systemically racist and that RCMP officers were killing the Indigenous and blacks in this country. It was clearly an act of grand-standing, and after making his support speech, he pompously sat in his seat, assuming all would agree.

All political parties voted for it, a disturbing lack of support for the police to say the least, but one single member of Parliament, Alain Therrien for the Bloc PQ, said no.

NDP leader Jagmeet Singh, jumped up, clearly upset. He then called the Member of Parliament a “racist” for not going along with the bill.

He was a racist according to Mr. Singh because he didn’t agree with Mr. Singh. The same logic as the Chief.

Justin Trudeau, went further and refused to criticize Mr. Singh, despite Mr. Singh having been removed from the Commons for the day for his “un-Parliamentary” comments. His justification was that Mr. Singh was a “racialized” leader and therefore it was forgivable.  

These last few days, the seemingly endless accusations continue to be stoked by the irresponsible of this country. It is discouraging and is tearing at the very fabric of this country. The lack of informed narrative, and the often ridiculous proposals to counter this ill-defined problem have left many parts of this country speechless. The pundits and media commentators in this progressive world have gone from being expert on the coronavirus to experts on policing with often comedic speed. A quote from Oscar Wilde resonates, “by giving us opinions of the uneducated, journalism keeps us in touch with the ignorance of the community”.

Where will it all end? When will reasonable dialogue return? It is difficult to say. This blogger never imagined a time when political dialogue in this country was so blatantly biased and absent of substance. The level of this demand for conformity rivals any historical third world despot.

The tearing down of statues and the rewriting of history, the calls for defunding the police, and the chants for a revamping of the RCMP will one day run into the wall of reality. These protests and cries for reformation are not based on any intimate knowledge of policing, they are based on slogans. The day when the social worker arrives at the domestic dispute or to deal with the mental health patient instead of the police, is a very long way off. 

When someone can actually point to systemic racism with an objective rationale, then we can begin to address it. The danger now is knee-jerk policy to appease the masses and Trudeau is already floating trial balloons. Most will end up meaningless, a let them eat cake moment and of no intrinsic value. 

As for the Commissioner and the rest of the Executive of the RCMP. Maybe they should consider that now is the time to fade into the night. Their time to show leadership arrived and they shrivelled before your very eyes. They should be bowing their heads in shame.

Some one should also wake up the National Police Federation from their slumber. Although willing to speak out about the formation of a Surrey Municipal Force, they have now conveniently lost their voice, when their officers are being slandered, ridiculed, and even endangered in the heat of these protests.

Maybe, it’s time for the police of this country to march on Ottawa. Maybe it’s time that the ground level police nationally form a strong and singular political voice. It may be time for their protest. And if I was planning the parade route, it would definitely go by Mr. Trudeau’s “cottage”, and end by occupying Mr. Singh’s office.

I wonder who they would call to remove these 68,000 blue uniformed protestors? Maybe a social worker.

Photo courtesy of Flickr Commons and Yannick Gingras – Some Rights Reserved

Is the Cullen Commission about to steamroll the Mounties?

In a previous blog your faithful and diligent blogger had opined about the state of white collar crime in this country and the obvious and pressing need to “follow the money”. Naturally, there seemed to be an obligation to follow the formal start of the Cullen Commission on Money Laundering in British Columbia. It will be one of the few government proceedings, where in essence, following the money will be the primary and necessary investigative step of the inquiry.

So for two and a half days this blogger watched the live streaming of the Commission, which began on February 24th, 2020, held in the bland and austere government appointed room at 701 West Georgia St. in Vancouver.

The pursuit of winding trails of money is almost always fascinating, although admittedly it is often easy to drown in the details. Understanding has to start with the basic but safe assumption that in our current society, that if there is money to be gained, and if you follow that money to the end, someone will have found either a legal or illegal advantage. Many, will be found to have tried walking that often moving line between fraud and simply taking advantage of ill-written policies, regulations, and lacklustre enforcement.

This commission is about to go down some roads built by political entities who were lured by the pursuit of unencumbered government revenues emanating from the vices generated by greed. The road will wind through the corridors of power once enjoyed by the Provincial Liberals, but likely will veer past the current governing New Democratic Party. The out-stretched political hands of British Columbia in recent years are to be sure a little dirty, stained possibly by a willingness to look the other way.

There is an old maxim that justice delayed is justice denied. This is rarely heeded by the variety of Commissions, Inquiries or government projects and this Commission will not be the exception. Headed by Judge Austin Cullen it is mandated to prepare a preliminary report in 18 months and a final report in two years. By the time this commission releases its preliminary report we may be in the middle of the next election in 2021. A report that has the real possibility of pointing a finger at the former Christy Clark Liberals will be just in time for the next election. Coincidence or good planning depends on your level of cynicism.

In their defence the terms of reference for this Commission are very broad; everything from gaming, horse racing, real estate, financial institutions, money services, luxury goods, and the legal and accounting communities will be examined.

Clearly, three days in, it is far too early to come to any conclusion on the possible findings by this Commission. But, what did become clearer, even at this early stage, was where the guns were soon to be pointing. Listening to the early proceedings was like being able to look through the sights of a long rifle, the targets evident, but somewhat blurry in the distance.

It was equally clear that those wearing the dark target circles on their chests know who they are. They have been preparing their defences and strategies for some time, having already hired their own hired guns. These are the ones that have applied and received “standing”.

You couldn’t swing a three ring binder in the somewhat austere courtroom without hitting a lawyer. The Cullen Commission itself has a total of nine lawyers, and there are twenty-four lawyers representing the eighteen parties who have been granted that “ standing “. Thirty-three lawyers and we are just getting started. The Commission is expected to incur costs of $15 million, with little doubt that the majority of the funds will be going to lawyer fees, as there is not much chance of anyone doing pro bono work here.

Charles Dickens said that “if there were no bad people there would no good lawyers”.

The British Columbia Lottery Corporation has already paid (up to March 2019), a total of $1.637 million to one of the Vancouver downtown firms: Hunter Litigation Chambers Law Corporation. This is for the services of high profile lawyer William Smart QC and Shannon P. Ramsay.

The fired, or let-go (depending on which version of the story you want to hear) former BCLC Vice- President Robert Kroeker has hired the high profile lawyer Marie Henein—who has been written about before by this blogger and her representation of Jian Gomeshi and Admiral Norman .

The current CEO of BCLC, James Lightbody, felt the need to hire his own personal lawyer; not satisfied with just the lawyers hired for his employer and instead has obtained Robin McFee QC and Jessie Meikle-Kahs of Sudden, McFee and Roes LLP. Mr. Lightbody is apparently currently away on medical leave.

These initial three days consisted of the respective lawyers for those with standing, making and reading scripted presentations. All, as expected, were self-serving documents defending of their own personal predicaments. The reading into the record, with an occasional question by Cullen was at times slow, tedious, and nuanced. But, there were some interesting takes and tidbits of truth buried under mounds of legalese and acronyms.

James Lightbody, ably represented by Robert McFee, began by outlining all the myriad duties and responsibilities his job entailed, and pointed out that he was always guided by the Board of Directors in terms of strategy and annual plans. He proclaimed that he was a stalwart defender of the “vision, mission and values” of the organization and that he had worked diligently to help fulfill “social responsibility”. That he shares the public concern and always recognized the threat brought on by money laundering.

It will be remembered that previously unnamed sources have alleged that senior management at BCLC had turned a blind eye to what was going on. Lightbody argued that the evidence will show otherwise, that he made “active efforts” and that he brought in greater co-ordination with law enforcement.

The lawyer was also quick to point out that the role of BCLC was one of “Detecting, reporting and supporting” the enforcement and regulatory government branches and added that he had been pressing for more resources since 2011. He said that through him BCLC had initiated a sharing agreement with RCMP in 2014 and that JIGET (Joint Intelligence Gaming Enforcement Team) was supported and partially funded by BCLC.

Then there was the statement of Robert Kroeker, who was represented by Christine Mainville of the firm headed by Heinen. Kroeker was the former head of Security and Compliance for almost four years, but left suddenly in July 2019. He was the fourth high level executive to suddenly leave the Corporation within a year. The others being Bohm, Delinski, and Hobson. All four were earning over $240,000 per year. There was no confirmation of their having been fired, but all this occurred after Peter German’s report in 2018. Kroeker was replaced by the Vice-President of Casinos Brad Desmarais.

As an aside. If these names seem familiar; Kroeker was a former RCMP officer and was the head of Security for Great Canadian Gaming Corporation which includes the highly profiled River Rock casino, before joining BCLC. Prior to that he was a former director of BC Civil Forfeiture office. Brad Desmarais was also a former RCMP and Vancouver City Police officer and and had overseen the bungled rollout of the anti-money laundering software in 2013. Kroeker had also been appointed to a chair at the Justice Institute from which he eventually resigned under pressure after the German report.

Former Mounties have their fingerprints everywhere. Kevin deBruyckere, also a former Mountie, who at one time headed up Commercial Crime and then went to HSBC, is now the the Director of Anti-Money Laundering and Investigations at BCLC.

It seems that BCLC became a second lucrative home to many of the executives of the RCMP. Even potential witnesses Fred Pinnock and Joe Schalk are former Mounties. Peter German of course is a former Mountie. And it is rumoured that former Liberal Cabinet member Rich Coleman is going to end up being the focus from the former Liberals. He too is a former Mountie. It all seems rather incestuous.

In any event, Kroeker his lawyer said, looks forward to testifying and also defending the various “false” assertions against him. Mainville indicated rather forcefully that her client will testify under oath.

She went on to outline how Kroecker was in charge of regulatory affairs from 2006-2012 and had worked “extensively” with police and that during his time the Director of Civil Forfeiture had recovered $30 million.

He claims to have called for a tracking and monitoring of STRs (suspicious transactions reports) and it was also his understanding that after the review by FINTRAC that all activities had been cleared of wrong doing. He pointed out more than once that all information was passed on to the “authorities.”

Kroecker said that he “tried” to get the police and the regulator to investigate through 2013 and onward. That he “urged” investigations and was told by “Senior RCMP management” that all things inside BCLC and the Casinos were fine —that they were doing their part in the battle of money laundering.

In June 2014 Kroecker said that under his direction an information sharing agreement with the police was constructed. That BCLC had been led to believe that the police would investigate and that they continually raised alarms. But that subsequently there was no evidence of police investigation, nor were any investigative steps being taken. Officers with police powers were needed, he underlined, to get involved— and they weren’t. Calls for investigation were repeatedly “ignored” according to Kroecker.

In one interesting side-bar, Kroecker indicated that he tried to implement a “chip replacement” program to counter the constant holding and misuse of casino chips. It needed to be done with some stealth but that the program was delayed by GPEB (Gaming Policy and Enforcement Branch) thus allowing some of the nefarious actors to get rid of the suspect chips.

Anon and malicious claims that he allowed “dirty money” to flow into casinos were patently wrong he said and that he has been cleared of this false allegation by GPEB. GPEB determined them to be “unfounded” and the “matter was now closed”. He expressed frustration that he had not been interviewed for the German report, which at first glance does appear to be a rather curious. An administrative fine against BCLC in 2010 was explained away as resulting from “technical deficiencies between FINTRAC and BCLC. He pointed out that the fine was eventually set aside.

There were other presenters.

Members of the Notaries Public appeared, clearly worried as to the allegations of impropriety in real estate transactions that have been alleged. Predictably they too claimed that they have been doing due diligence all along. They went further in saying that currently legal investigations and regulatory bodies are fundamentally “broken”. That through no fault of their own, money laundering convictions are rare. They said that the sharing of information with them was rare and would have gone a long way to make a dent in what was going on.

They mentioned being part of Project Athena, but this project got side-tracked when it took 11 months for the RCMP to get information from FINTRAC. They even implied that maybe the Stinchcombe decision on disclosure was hurting investigations.

The notaries expressed surprise that the Financial institutions were absent from the Commission. They opined that they needed and should be present and agreed with the Kroeker lawyer that money that was being laundered may be being done through banking institutions. They lamented that the financial sector have almost been ignored and may in fact be needed to help explain the problem of money laundering.

BMW was also granted standing and made a presentation that spoke about the “grey market” in high end luxury cars and the use of “straw buyers”. Money launderers were buying vehicles for shipping out of the country and then went on to describe a loophole allowing the funnelling of monies through these purchases and their subsequent applications for Provincial tax refunds. They stated that they too had passed on information to the authorities.

The Great Canadian Casino Corporation counsel also appeared. Part of its conglomerate is the River Rock Casino. They described a highly regulated industry that was at times audited by FINTRAC. They too spoke of the fact that they were not investigators, they had a duty to report, which they insisted they did profusely.

Of course the Provincial Government and the Federal Government were also present. Their presentations were guarded and as one listened you were left to wonder if there ever was a problem. All, according to these two presenters were functioning as designed and GPEB and FINTRAC were guarding our interests with diligence and concern. Acronyms and current bureaucratic buzzwords bounced off the walls with abandon, “best practises”, “working with stake holders”, and the “regime” of regulation and investigation. Of course there are the Committees, the many Committees, all designed to “educate” and involved in “intelligence gathering” and “sharing”.

The Feds did outline the vagaries of FINTRAC and outlined how a mind warping 2400 agencies and service providers reported to them. But then they reminded the Commission that they are about regulations and oversight and all criminal activities would be pointed to the Police and Crown.

At the end of the three days, where does all this predictable posturing leave the taxpaying public?

You are left with the impression that there are three spinning tops— three divided layers, none of whom seem to be interacting in anything approaching cohesion. The Federal government spins in their isolation, the Province is eager to point at the previous administration; and at the ground level are the Casinos, the racetracks, the car dealerships and the housing industry. Most will clearly point at the Police, FINTRAC and any one else charged with enforcement.

What is curious is that the RCMP did not ask for standing with the Commission.

This could either be explained by: their hope to hide behind the camouflage and obfuscation of the Federal bureaucracy, a common default position, or, that they are in denial of this Commission doing them any harm. Unfortunately, they may find there is little defence for dereliction of duty. Hopefully, they are now at least paying attention.

Photo courtesy of Images Money via Flickr Commons – Some rights reserved

The war in Strathcona…

In a recent foray into the Main and Hastings corridor, an area known to this blogger for over 30 years, it was truly shocking to see the level of human desperation which continues to consume that area. What have we to show for the last decades of effort? Seemingly nothing. A whole community is under siege and burning before our very eyes. The area known as Strathcona is gradually being swallowed whole by an industrial level of drugs and the suffocating undercurrent of violence. Mental anguish and conflict layered on top of excruciating poverty.

This despite 30 years of a victim centric infrastructure which has been created, developed and now maintained by myriad levels of social workers, housing advocates, drug counsellors, medical staff, firefighters, police, sanitation workers and all those academics that like to “study” the problem. The advocates of all stripes have been continually moving in and out of these garbage strewn streets and alleyways, pausing long enough to relay their latest theory on how to correct this miasma of despair. Playing in the background, on some sort of victimization verbal loop, is the ever constant narrative of the “oppressed”, the “downtrodden” and the “unable to fend for themselves”.

It is scary place. It is depressing, but it is equally disgusting that in a country as bountiful as Canada, that this monument to everything that ails this society, stands in proud defiance.

Where has it all gone so wrong? Millions and millions of dollars expended in this apparent never-ending war on a drug fuelled mental health epidemic. It is a magnet which draws from all over the country. A bizarrely twisted tourist attraction, for all the wrong reasons. A place where even the hardened from other cities are truly taken aback at such a level of lawlessness and depravity.

Drastic and innovative action is clearly long overdue. Not innovation designed by the leftist victim advocating culture wing of our society, but by some with a modicum of common sense and where individual responsibility becomes part of the solution.

But the very first step, desperately needed and absolutely essential, is an honest managerial and expenditure review. A macro look over decades of funds and governmental decisions. A far reaching and inclusive appraisal of what has been spent and the effectiveness of those expenditures and the managers who have been overseeing the policies and processes for years.

The Washington Post recently unveiled a sweeping story sourced by thousands of pages of information which looked at the true cost of the war in Afghanistan. One can not help but be taken by the many parallels to what seems to be a similar story about the the war zone at Hastings and Main.

What the Washington Post and others found was that the war and the efforts of the Americans and the many other countries, including Canada, in Afghanistan has proven to be not just a failure, but a failure of epic proportions. It’s worth looking at their findings.

It was in 2001 that President George Bush announced the first military action in Afghanistan with the goal to disrupt terrorist operations and attack the Taliban. Today, eighteen years later, the Taliban control much of the country and are killing Afghan security force members sometimes in the hundreds per week. Even though the leadership of the Taliban moved to Pakistan, they have now expanded into Yemen, northern Africa, Somalia and Syrian.

Over $10 billion was spent on counternarcotics. Despite this, Afghanistan remains the source of over 80% of the global supply of heroin. Before the war the Afghanistan government had almost completely eradicated opium when the actual Taliban were in power. Opium production has now quadrupled.

They spent $87 billion to train Afghan military and police forces yet today no one believes that the Afghan military could support themselves. The army is continually fighting desertion and casualties making them replace over a third of their Forces every year.

War related spending has doubled the size of the Afghan economy but the current rate of unemployment is 25%. Corruption in all its forms still runs rampant.

$30 billion was spent on infrastructure and reconstruction. Most of that money has been considered “wasted”. The Inspector General documented over $15.5 billion lost to fraud and abuse between 2008 and 2017.

$500 billion on interest to finance the war spending, as all the monies have been borrowed which will take years to pay.

Over $1.4 trillion will be spent on veterans that fought in post 9/11 wars by 2059. About $350 billion has already gone to medical and disability care for veterans of the wars in Iraq and Afghanistan. They are estimating the total spending bill for the medical problems, over the next 40 years, to amount to another $1trillion.

Afghanistan remains one of the largest sources of refugees and immigrants.

What has this got to do with all of us? It demonstrates the problem when incremental spending and single narratives are accepted as gospel and when the problem is allowed to fester year after year. It demonstrates the need for a great big spotlight to be shone on this smaller version of Afghanistan. Not a study by an interest group that continually circles the DTES, but an independent study, independent of all who have been part of the thirty years of problems.

The usual self-described experts always avail themselves to the cameras and microphones, to riff or to lecture the rest of us on what they believe is the cause of the problems. They have no shortage of people to blame, but that blame seems to stop short of any introspection.

The Libby Davies or Jenny Kwans, or the Pivot Legal Society do not need to be consulted in this proposed study. Their versions are already clear and predictable. They are always pointing to some level of government not providing “more”. The money being demanded is an endless request which re-invents itself with another justification, in one form or other, for the next year.

Money clearly is the common cure all whether you are asking the firefighters or the housing advocates.

Each agency demands annual funding, taking credit for successes which go unchallenged or doesn’t seem to reflect the reality.

There have been studies and counter-studies over this continuum. The studies, like the DTES many services often operate in silos and not always in a singular approach.

Donald McPherson, is a typical example. The former drug policy co-ordinator for the city of Vancouver (who now heads another Drug Policy Coalition) talks about the 10 year plan outlined in the Vancouver Agreement in 2000. It was designed to improve housing and social welfare. He blames the collapse on the Harper government.

Mr. McPherson in this proposed future study should also be ignored.

Governments themselves have come and gone, each offering up their particular version of what is needed. Liberals and NDP equally share responsibility for these disastrous results. None of them take the time to look in the mirror.

On one side of the ledger, groups like the BC Centre for Disease Control takes credit for saving 3000 lives between April 2016 and December 2017.

On the other side of that account is that 2177 people also died in this Province during this time.

There is no shortage of positive spin.

Twenty-three operating supervised injection sites claim to have saved 230 deaths. The overall goal of these sites is to decrease “needle sharing”. Their “observational studies” dutifully report favourable results. Their evidence is that fewer people are “injecting in public”. Anybody walking down Hastings may disagree.

The annual operating cost for the injection sites alone is $ 2,948,101.

The injection sites define “saving lives” and count those that have been treated by “agonist treatment” or “opioid replacement” treatment where the people get put on a methadone program.

Meanwhile those running the Needle Exchange program say that Insite is exaggerating the numbers.

In 2017, 60,000 naloxone kits were distributed. At roughly $70 apiece that works out to about $4.2 million this year just on the kits.

Health officials claim that through their services that they have saved “hundreds of lives” but the numbers often vary according to the individual study quoted. The dearth of agreed upon results and the fact that there is a lot of self-reporting remains one of the major roadblocks to any comprehensive study.

But the fail safe fallback to any counter-argument is the oft quoted maxim that “even one life saved” means that their programs can be deemed a “success”.

On the negative side of the ledger.

Calls to Oppenheimer Park in 2019 for the Vancouver City Police have increased over 50%. Shots fired calls have increased over 800%, weapons calls have increased 300% and assaults in progress are up over 17%.

Vancouver City police estimate the policing costs for Oppenheimer park encampment are over a million dollars so far this year. That is for an encampment of about 100 people in amongst the 2700 estimated homeless in the area.

Meanwhile the BC Centre for Substance Abuse and the University of British Columbia in a recent study argued that the police need to stop policing the DTES because it leads to drug users fearing the police, intimidated, and being harassed by the police.

How did they come to this conclusion: they interviewed 72 persons in the DTES and spent 200 hours hanging around overdose prevention sites. They feel police shouldn’t be checking for drugs, or running persons for warrants and such minimal breaches of the law.

What is not answered is how do they propose that we “de-criminalize” if the people are still doing criminal acts?

In the last five years the number of break-ins to vehicles has doubled to 6538 incidents in the Strathcona area alone.

Vancouver City Police records show in 2018 there were 666 assaults and 68 robberies in the Strathcona area.

In the single month of June 2019 in this small geographic area there were 70 assaults, 106 thefts from vehicles, 11 robberies and 31 break-ins to businesses and residences.

To add insult to injury the number of homeless has increased from 2181 people last year to 2223 this year.

Like the war in Afghanistan over 18 years have now gone by since Mr. McPherson’s study in 2000.

Does anyone doubt that during this time there have been misuses of funds, fraud and corruption? Does anyone believe that governments are providing a full accounting of the costs?

Maybe, just maybe, government spending for more counsellors, housing or drugs is not the answer.

Maybe, it is unjustifiable, or maybe an alternative to a policy of more of the same is out there somewhere.

However, it is difficult to contemplate any alternative which does not include forced rehabilitation; or removal from the core (sorry Pivot Legal Society).

The only way to honestly answer is to see the entire package of funds and resources which have been expended over the many years; the layers of government action and in-action; the levels of bureaucracy; the levels of private industry and the number of social housing models which have been proposed and tried over the decades.

The results may be shocking, but nothing less than a Royal Commission level of study is needed. Just as importantly, it must all be seen by a fresh set of eyes–eyes from outside the DTES, eyes with no vested interest in the promulgation of the current norm.

The first thing is the most difficult admission, especially for those that have toiled under the most trying of circumstances with the best of intentions, is the admission that as of today, it has all been a massive failure. On a small scale, this may be our Afghanistan.

*All crime statistics are from the Vancouver City Police records, as reported by the Vancouver Courier.

Photo courtesy of Dan Toulget of the Vancouver Courier – Some Rights Reserved

Did the RCMP purposely aid the Liberals in the election?

On September 24 2019 Nancy Pelosi, the Speaker of the U.S. House of Representatives announced to the public that there would be an impeachment inquiry of the 45th President of the United States Donald Trump. It had all been initiated by a “whistleblower”, and for the last month there have been a half dozen witnesses paraded before the Justice Committee overseeing the “investigation”. Most of their evidence has already been corroborated by a team of investigators. Several persons including the U.S. Attorney General William Barr have been implicated.

Let’s compare the speed and efficacy of the U.S. with the Canadian ability to investigate political over-toned “investigations”.

Go back to February 2019, when former Attorneys General Peter McKay and Douglas Lewis (albeit Conservatives under Harper and Mulroney) in an open letter to the RCMP requested that the RCMP investigate “fully and fairly” allegations of obstruction on the part of Justin Trudeau and several of his inner circle. In total, five former attorneys-general also came forward, calling for this same investigation.

An official complaint which would under normal circumstances trigger a formal “investigation”. This is relevant because the RCMP from the beginning, in the odd public utterance or reference, has been glossing over the “investigation” terminology. This in itself should raise an eyebrow.

Is it that they don’t like to implicate themselves in anything for which they will be asked to be accountable? Are they reluctant to even go so far as to use the very phrase just to avoid any taint associated with the word “investigation”?

Even seven months after this initial complaint, in August, the RCMP stated in a press release that “The RCMP is examining this matter carefully with all available information and will take appropriate steps as required” according to spokesperson Chantal Payette. Examining? Carefully?

It is not often that one sees this obvious dancing on the head of a pin. An investigation being referred to as a “careful” examination. The evidence was continuing to mount that the RCMP was more than reluctant to call this an investigation. Any reason for this terminological dance could only come down to politics.

The “careful examination” wording came in spite of a separate report from the Ethics Commissioner which was issued this summer. In the report the Ethics Commissioner concluded rather emphatically that indeed the Prime Minister Justin Trudeau, had in fact violated the Conflict of Interest Act.

Ethics Commissioner Mario Dion stated in his findings that Trudeau had “improperly pressured former Justice Minister Jody Wilson-Raybould to reach a deferred prosecution agreement with SNC Lavalin”.

The Ethics commissioner’s report did not stop there. It described:” flagrant attempts to influence Wilson-Raybould…directly and through the action of his agents to circumvent, undermine and ultimately attempt to discredit the decision of the Director of Public Prosecutions”.

We also learned, maybe even more significantly, that even though the Ethics Commission produced their report, they also remarked that their investigation had in effect been hampered in gathering the testimony of nine (9) witnesses. It had effectively been blocked from gathering further evidence by the Prime Minister’s office.

Mr. Dion was damning in his criticism: “Decisions that affect my jurisdiction under the Act, by setting parameters on my ability to receive evidence should be made transparently and democratically by Parliament, not by the very same public office holders who are the subject to the regime I administer. ”

This of course created a bit of kerfuffle in those old limestone buildings and a tingling in the groin of the Conservatives. So the matter which had begun to fade from the public conscience came to life once again.

All the righteous Liberals who were implicated, pointed to the clerk of the Privy Counsel Office, Ian Shugart, as their scapegoat. They said it was out of their hands because Mr. Shugart was, conveniently, described as the ultimate guardian of “cabinet confidences”. To underline their lack of culpability, Cameron Ahmad, a spokesman for Trudeau, said that the PMO had no role in the Clerk’s decision. However, he didn’t dawdle on the fact that Trudeau could have waived that privilege.

In other words the foxes were guarding the henhouse.

Now, in a freely functioning and unencumbered police agency, whose job is to ferret out crime, you would have thought this alone would have spurred the Mounties to at least think that they needed to get moving on their separate investigation.

There are a small group of people who would be central to this “investigation” or “examination”. That would be of course, Jody Wilson-Raybould, Gerald Butts and Michael Wernick. They testified in a very public forum, to the Standing Committee on Justice and Human Rights in late February and March of 2019.

In other words the version of three of the key players, all of which would have to be instrumental in any complaint of obstruction had now exposed the details, in their respective versions of course. Or as Wilson-Raybould likes to call it “her truth”. She also later revealed that in the spring of 2019 she had already been interviewed by the RCMP.

It is indeed rare for any investigator or investigative team, to have the bulk of the statement evidence handed to them on a platter and already on the public record, which would it make it difficult to refute at some later date. The speed of this investigation and the complexity of it was greatly aided by these details, making it even more difficult for someone to argue that this was a long drawn out investigative process.

There was a bit of a slip up in this iron curtain that had been put up by the Commissioner when on September 17, 2019 Lucki during a news conference which had been called to deal with the latest embarrassment for the the RCMP. Wannabe spy, Cameron Ortis (an apparently favoured child of ex-Commissioner Bob Paulson but that may be another blog) had been found out and charged with seven counts of having contravened the Security of Information Act.

It was during this rather painful press conference that Lucki was asked– off topic –about the SNC-Lavalin investigation. The ever smiling cherub faced Lucki grew a little ashen, stumbled a bit, but came back with:

“Today we are here for the Ortis investigation so I don’t want to comment very much…but we do take all investigations seriously and investigate to the fullest”. The counter narrative to this of course would be that the RCMP doesn’t investigate fully and some of those investigations are not to be taken seriously.

Lucki however with her repost did not get her out from under the press glare. After the press conference was over, no doubt once she was back in the safe hands of the media liasion group, she discovered that she had gone off her earlier practised talking points. She had committed the sin of referring to the matter an “investigation” and not an “examination”.

That political tiger, Andrew Scheer, hiding in the Conservative weeds leaped on this quickly; tweeting immediately that his nemesis Justin was in fact “under investigation.”

The Mounties had to act quickly.

An RCMP spokesperson Cpl Caroline Duval came to the rescue of Commissioner Lucki and provided a clarification. She re-framed the words of her boss saying that her leader’s statement was just “a general statement about investigations”. She was able to say this with a straight face. For good measure she underlined the fact that “The RCMP will not comment on the SNC-Lavalin issue”.

Phew, back to calling it an “issue”, not an “investigation”. Scheer had to take back his tweet as a result of the RCMP clarification.

Since September and up to the time of this blog, the RCMP are still saying nothing. The usual “no comment”— a stance which seems to be becoming commonplace under Ms. Lucki’s reign.

In October just before the election, the Globe and Mail further revealed that the RCMP will put the investigation on “hold” pending the “election”. In the Globe story they confirmed that there was indeed an “investigation” into the SNC-Lavalin affair, and that the Mounties had been stymied, like the Ethics Commission, by the lack of witnesses or documentation that would support the allegations due to cabinet privilege.

The decision to put any investigation on “hold” pending the election is alarming.

If true, the RCMP may have crossed the line. Were they now purposefully aiding the Liberals in the election?

At this time it might be beneficial to go back in history. One must also keep in mind that Commissioner Lucki at that time was reporting to Ralph Goodale, the Minister of Public Safety.

Back in 2006, we were also in the midst of an election campaign, one which eventually would bring Harper to power. The Liberals were suffering in that the “sponsorship scandal” was tainting them; although still leading in the polls.

The RCMP Commissioner at the time was Giuliano Zaccardelli, who announced during this election period that there was a criminal investigation into an alleged leak from the Federal budget. The Liberals had decided not to tax income trusts and that information leaked out from somewhere in the Finance Department.

Commissioner Zaccardelli named Ralph Goodale in that investigation and there were calls for his resignation. Goodale was eventually cleared and an official in the Finance department was eventually charged. Many argued at the time that this allegation and investigation was a fatal blow to the Liberal campaign, who ended up losing to Harper.

The RCMP complaints commissioner of that time looked into the matter, but concluded that there was no evidence that Zaccardelli meddled in the election for political purposes. Interestingly, Zaccardelli refused to answer questions during the investigation by the complaints commission.

The parallel is obvious and a little disarming.

So what can we conclude from all this?

a) The Mounties would have had to enter into an investigation. Anytime a formal complaint is made, a file is started, a file number assigned. Whether the investigation is big or small. In this case, several individuals had made complaints, and formalized those complaints in writing. If the RCMP did not open a formal complaint, they were simply derelict in their duties. Call it an examination if you are so inclined, but there is no doubt a process was started.

b) What was being alleged is a serious offence.

The definition of Obstruction under Section 139(1) of the Criminal Code: “every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, a) by indemnifying or agreeing to indemnify a security, in any way and either in whole or in part …”

This is termed an indictable offence; with a maximum 10 year sentence.

c) The investigation may have been hampered by Cabinet confidences which blocked testimony and documentation. But, is there an obligation on the RCMP to report that fact; to report that indeed the investigation had been compromised by the Privy Counsel office and that the PM did not waive those privileges? Does the public have a right to know this fact? Justin Trudeau Prime Minister Mandate Letter to Ralph Goodale in Public Safety, emphasizes the need “to set a higher bar for openness and transparency in government”. If only they chose to live by their words.

d) Has sufficient time passed to have conducted this investigation? The complaint was originally received in February 2019, so at the time of this writing nine months have gone by. This is more than sufficient time to have conducted this investigation. The case was not complicated, the numbers involved relatively small and the documentation for the most part would have been emails. The key witness Raybould-Wilson was interviewed in the “spring” and even some of the email documentation was willingly provided by some of the witnesses.

That being said HQ division operates at a pace of a snail on heroin, so it is still possible that they have not concluded their investigation, but investigations besides being competent should also be timely. The Supreme Court Jordan decision was based on this very principle. As was referred to at the beginning of this article, the U.S. may impeach the President before the Mounties can investigate a relatively simple obstruction charge.

For the investigation to still be ongoing is the equivalent of being put on hold in terms of its effect. There is only one political party that would benefit from this. The same party that appointed Lucki as the Commissioner.

It should be stated that this blogger is not convinced that Trudeau and his associate actions in this case were in fact an act of obstruction.

It’s not clear that Trudeau didn’t obstruct justice, but it’s also far from clear whether there is any reasonable expectation of conviction.

Maybe, there is no crime.

Even Wilson-Raybould testifying before the Senate committee said she did not believe that it amounted to a criminal action, but forgive this writer for not holding the legal opinion of Ms. Wilson-Raybould as the learned final authority on this matter, especially when she at the time was trying to remain a Liberal.

But we can reach one final conclusion. The RCMP, under Lucki, made a concentrated effort to both downplay the investigation, and then to withhold any results until after the election.

There is only one party that stood to benefit from nothing being said. The same Liberal party that appointed Lucki, and a Liberal party which has now been re-elected with a minority government.

Is it possible that a revelation, whether proven or not, of a criminal investigation of a Prime Minister would have dealt a fatal blow to the Liberals? Equally, is it possible that the RCMP purposefully aided the Liberals in their election?

If there is any element of this thesis which is indeed correct or is later proven to be correct, then it is a very dangerous political game the Mounties are playing, one that could and should result in the removal of the Commissioner if true.

It is a game that has no place in a democratic government.

Photo Courtesy of the RCMP Instagram Some Rights may be Reserved

Civilian Oversight – Optical Illusion?

Well, it took about ten years from when RCMP management was called “horribly broken ; then a further two reports, one by Auditor General Sheila Fraser and the other by the Civilian Review and Complaints Commission calling for change in 2017–all before Ralph Goodale in January 2019 announced the formation of a 13 member civilian oversight committee to “give advice on best ways to manage and modernize the Force”.

Commissioner Lucki called the announcement in practised dramatic tones, an “unprecedented journey”, which will lead to a “healthier and more diverse police force”.

Several more months of delay followed before in June 2019 they finally named the chosen 13. The numbers are reminiscent of the last Supper and the 12 Apostles. One wonders how they arrived at this number? Who is the tie breaker and gets to play Jesus?

Religious comparisons aside, this whole political play raises the rather obvious question as to whether this is a serious effort on the part of government, or is this the latest of some pre-election pandering to the unwashed masses? Is it a band aid when many believe surgery is needed?

If one is to make a decision, one must first consider the makeup and structure of this committee.

The estimated cost for this committee is $1.56 million per year, not an unusually high amount (about $120,000 per year per committee member); especially when one considers that just a few days ago the Mounties announced their latest thumb in the sexual harassment dyke; another $100 million for civilian members or public servants harassed or hurt by those old, leering, ass grabbing Mounties of the past.

Suffice to say the RCMP is not investing a lot of money on this righting of the administrative ship.

The structure of this effort is also somewhat puzzling.

It would appear that this ‘oversight’ group is there only to give “advice”.

It is not there to re-write or reform policy, but to tell Lucki and Goodale what they would recommend. Goodale had already gone on record in that the committee will not be dealing with any operational policing matters. Goodale stated that the committee will not “have any direct role in policing operations, which will remain the purview of the independent RCMP”.

This of course raises the obvious question as to the effectiveness of a group which only gives recommendations to a politician who always has his finger in the air testing the winds of change. When pressed by a reporter as to the effectiveness of such a committee, Goodale defensively added that the Minister could issue “directives” based on recommendations coming from the Committee.

Commissioner Lucki who is about to lead the Mounties on this “unprecedented journey” said that she would meet the Committee for the first time “sometime” in “the upcoming months”.

With young Mounties jumping around trying to get into the station wagon, clearly Mother Mountie is in no hurray to get going on this trip of a lifetime. Needing to pump up the value of this exercise, she obliquely added, “their advice will provide additional, valuable perspectives to help us make decisions that support our people and the communities they serve”.

She later said that she planned on meeting with this group 3 or 4 times a year. Quarterly in other words. Now anyone who has graced the corridors of HQ, or any government department will tell you that nothing, absolutely nothing, gets done without dozens of “meetings” usually choked down between bitter thermos coffee and chicken wraps. Meetings, often to arrange other meetings– never-ending discussions which often spiral into infinity, no resolution in site.

Finally, the mandate of this current group of committee members is a mere 18 months. One would have to assume that they are then to be replaced, by another group of committee members and the process could start anew.

18 months is about time enough to order office supplies, get new business cards printed, and get some cafeteria jello in your belly.

Nothing in government gets done in 18 months; it’s a political, logistical, impossibility. It took six months for the government to decide who was going to be on the committee.

As to the members of this new committee, well first and foremost you better be on the Liberal end of the political perspective, conservatives or any other political stripe need not apply. The eventual chosen could have fallen out of any Liberal convention gathering in Ottawa– all would be waving their brightly coloured red placards with stencilled slogans crying for diversity and inclusion.

So who are the lucky thirteen, in the apparent overwhelming number of applications that were received? (the Liberals said the delays were caused by the many applicants)

The thirteeen are; Richard Dicerni, Leanne Fitch, Randy Ambrosie, Elaine Bernard, Angela Campbell, John Domm, Ghayda Hassan, Maureen Darkes, Douglas Moen, Wally Oppal, Kevin Patterson, Keith Peterson, and Emoke Szathmary.

There are a couple of eyebrow raising selections in this group, but most of the membership is quite predictable, at least in terms of their backgrounds, even if their names are not easily recognizable.

Seven men and six women. Good balance on the gender teeter-totter keeping in mind that whoever is going to play Jesus will need to be standing in the middle.

Five list themselves as academics or public servants, so the ivory tower will be looming large over the proceedings, government jargon will rain down, political niceties will be evident, Senate committee style protocols will be observed.

There is some police representation, albeit a little suspect.

From the policing world they chose a female, Leanne Fitch from that hotbed of city policing–Fredericton, New Brunswick. There are a total of 113 officers on the Force there, and Ms Fitch recently gained headlines in that city by not replacing retiring officers in a budget cutting initiative. But she is female and was named officer of the year by the Atlantic Women in Law Enforcement and the International Association of Women. Goodale could not possibly ignore the opportunity to hit so many boxes in one move.

There is also John Domm, a former Chief of Police for the Nishnawbe-Aski Police Service. At the time he was the Chief of Police they were not even a fully mandated police department which did not occur until 2018. He is also a member of the First Nations Chiefs of Police Association. Two more checks for Mr. Goodale.

Doug Moen, a lawyer and public servant helped establish the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform. Check.

Keith Peterson was a former member of the legislative assembly for Nunavut. Check.

Elaine Bernard is an academic and according to her listed resume is a “proponent of the role of unions in promoting civil society”. Actually, this could come in handy when members begin trying to figure out the union dues they will soon be paying. Check.

There is Emoke Szathmary, the former president of the University of Manitoba, an advocate for “diversity, inclusion and accessibility”. Check.

There is the head scratching appointment of Randy Abrosie, a former member of the CFL and the current commissioner of the CFL. Apparently he has “championed diversity”, which may explain his selection, but maybe he just needs to stick to making the Toronto Argonauts viable again and avoiding any talk of concussions. No check mark here.

Finally there is Wally Oppal, who I am going to proclaim as Jesus for the time being, as he miraculously walks over water into another government contract. The 79 year old Wally just does not seem to want to retire, but one has to wonder whether he represents a new, modern voice. This savant of double dipping goes on; and on, and on.

One must not get the wrong impression. All of these people are well educated, accomplished in their professional lives. They should have some good “suggestions” in areas where the senior management Mounties have proven themselves utterly of no consequence.

But there are many questioning this Committee and its ultimate effectiveness.

The always available for a quote Robert Gordon of Simon Fraser University said “I don’t think the mandate, at this point, is to undertake the significant restructuring and reform of the RCMP that is required…It’ll be settling problems that have arisen inside the house as opposed to problems that have arisen as a result of the structure of the house”.

Other questions arise. Will Mr. Goodale be still around after October 2019?

Will Commissioner Lucki turn into some sort of leadership firebrand, able to forge ahead without her political Prairie brother in arms, while relying on those Executives who now encircle her, many of whom who have contributed to this mess?

Maybe she underestimates the problems.

On May 30th, 2018 Ms. Lucki appeared before the Standing Senate Committee on National Security and Defence. Her primary testimony was about indigenous, harassment and diversity issues, which seems to be the focus in Ottawa, seemingly oblivious to the myriad more substantial issues facing the RCMP.

She ended and summed up her testimony this way: “I tell my staff, don’t ask me how to fix it because my answer is going to be “”We’re not broken””. Because we are not broken”.

“Do we need to innovate, and do we need to modernize? Absolutely…”

“We’re not broken and I am not here to fix it but we need to move forward from those past experiences, and if we don’t, shame on us. If you have a great idea of how you can help me to navigate things, don’t be shy to call me”.

Well Ms. Lucki, many believe that the RCMP is in fact kinda broken and actually we expect you to fix it.

So maybe call that Committee and maybe meet them every week, or every day, and not just in a few months; then listen to those voices who are from outside the RCMP, listen, and then have the courage to lead.

For all the rest of you out there, her phone number is 613 993-7267, because apparently she would like you to call with any ideas you may have.

(If that doesn’t work, the website tells yo how to fill out a “contact form”)

Currently, this committee in both form and structure looks like a political stop gap measure, one which garners a few headlines, speaks to the liberal left, and holds out little hope for the working officer.

So maybe Canadians should be calling 911 and not waiting for a callback from the Commissioner’s office.

Photo Courtesy of Matty Ring via Flickr Commons – Some Rights Reserved

The MMIWG –as Predicted: Wasteful and Disturbing results

A lunatic, admittedly an antiquated term, comes from the latin “lunaticus” or “moonstruck”, referring to a mentally ill person, or as in this case, a person who is dangerous, foolish, or unpredictable. So this blog’s nomination for the most moonstruck politician in this current age is Marion Buller– the head of the Missing and Murdered Indigenous Women and Girls public inquiry –which is about to end (finally) its over two year long reign as the most ridiculous waste of taxpayer money in the last number of years.

This blog wrote about the then pending inquiry in February 2017; with a prediction that it was a massive waste of time, that it was pandering to the Indigenous but offered little to no hope of it helping the indigenous. Well, it has more than met all expectations and its delayed final report will hit the new stands on June 3rd, 2019. This too is late, and late after even having won an extension as it was originally supposed to be concluded in November 2018.

This inquiry started out with a projected cost of $70.5 million so from the start it promised to be the most expensive inquiry in Canadian history. Two years in, they then had the audacity to ask for an extension, wanting another two years which they didn’t get. They did get another $50 million bringing the un-official total cost in the neighbourhood of $120.5 million.

This group is so blind to taxpayer consideration, that in honour of their massive and brilliant undertaking, they are going to have a party and fund over 100 Indigenous communities to thank all the participants and in celebration of the “conclusion of this journey with us”. It is fully expected, that Jody Wilson-Raybould will enter the official party carried by six, like Lady Gaga at the 2011 Grammy’s; an entry befitting the media’s patron saint of reconciliation.

If ever there was a gathering of people with a one dimension interest and with a single purpose in the guise of an actual inquiry, this was it. The people assigned to this working group, started off with a set of beliefs and then set out to prove it, with a surfeit of anecdotal evidence. Witnesses testifying to a time frame between 60 and 100 years ago, often anecodotal, often based on story telling.

According to the inquiry of course, in their words, they have been diligently working on “exposing hard truths about the devastating impacts of colonization, racism, and sexism…aspects of Canadian society”. That was clearly their reason for being and that is what they set out to prove. There was no inquiring in this inquiry.

Throughout this time the inquiry has been persistently hampered by allegations of mis-management and in-fighting, and even factions of the indigenous wanted it scrapped.

According to their own web site, there was a total of 2386 participants; 1484 family members and “survivors” (the last residential school closed in 1996- some 23 years ago- to date the indigenous have been paid out $1.9 billion in compensation) and 819 of these participated through “artistic expression”. This inquiry was calling it “evidence” even if that evidence came through traditional story-telling and art. With this level of understanding of what actually constitutes evidence you should not be surprised later in this blog as to what some of her recommendations will be.

There were 83 “experts”, “knowledge keepers” (my favourite term) and “officials” providing testimony.

In January 2018, the Executive Director of the Inquiry, Debbie Reid resigned. The previous Executive Director had already resigned, as had one of the Commissioners. Indigenous Relations Minister Carolyn Bennett had by now began admitting that she was concerned about the number of staff withdrawals. A total of eight people had resigned or been fired at this time.

In June 2018 Commissioner Audette threatened to resign because her request for a two year extension had been declined by Indigenous Affairs Minister Carolyn Bennett.

Audette, returned to work a couple of weeks later and began to make excuses for the final report saying that “the final report will not be as comprehensive as it could have been” when she had been only given another six months and not the two years she requested.

In July 2018, lawyer Breen Ouelette resigned, the sixth lawyer to do so stating that the “inquiry was speeding towards failure”. Their primary allegation being political interference from the Federal government, that there was a lack of “transparency, communication and effectiveness.” Actively biting the hand that fed them.

In October 2018, Ms. Buller and Commissioner Michelle Audette were already expressing concerns that the government had not acted quickly enough after the release of its mid-term report. Buller described the interim report as “ground-breaking” and she was concerned that the final results may be ignored. She said that it was “horribly disappointing not only to us but to Indigenous people and non-Indigenous people all across Canada”. Ms Buller may be over stating the inquiry and its eventual impact, as there are very few people in Canada who would have read it at this time.

In November 2018 two further staff members left. This was in keeping with the mass exodus of staff, which by now had reached an epic 30 staffers.

It was about this same time that co-counsel Jennifer Cox, became the 7th lawyer to leave the inquiry. Buller of course had no comment, and the lawyers who are bound to confidentiality, conveniently remain muzzled.

Now, with only a couple of weeks to go before issuing the final report, the inquiry is still in front of the Federal Court trying to get access to two RCMP files. They are arguing that these two files represent the core of the inquiry’s mandate to look into the systemic causes of violence against indigenous woman.

Seems a little late to say the least, not to mention that they have had access to many files during this two year period, a total of 119 investigations, 23 of which were related to ongoing investigations. Department of Justice counsel argue that the two files aren’t necessary. The inquiry lawyer Ravi Hira said that there are deficiencies with “one of the cases”. A little suspicious to say the least. Even the Judge asked how they were going to possibly review two large files and still make it to the report.

Throughout this agonizing process, the Federal government remained mum, did not step in, forever fearful of being accused of being big colonial brother. Hoping beyond hope that all things would get worked out by some miracle of bureaucracy.

This inquiry was an act of appeasement. Bring all the indigenous together, give them unlimited funding, give them legal and technical resources, and then have hundreds testify to the same issue.

If you spent any time at all watching these the public hearing proceedings you will have seen the same thing, played out daily for hours upon hours.

A woman or man tearfully testifying, unscripted, often meandering off topic, and never a question asked as to the truthfulness of the testimony. All that was said was accepted. There would be rows of counsellors, holding religious or sacred icons comforting the woman, nodding sagely, dramatic empathy oozing. A parade of tears, some real, some brought about by pointed prodding.

The Indigenous political factions are consistent in only two areas as this Inquiry found out.

First, a time in history when they were present on the land before the arrival of the Europeans. They were here first and this translates according to their broad interpretations, to some form of veto over all things in Canada.

Secondly, they now realize that this is their golden moment, the Federal coffers have been opened up and they have a national government seeking their approval. All levels of government are woefully short of ideas on how to solve the multitude of indigenous endemic problems. So they throw money and apologize profusely.

However, other than for these two factors the indigenous groups are divided along hundreds of political lines. Some are wanting to invest in pipelines, some are protesting, but all are seeking financial redress of varying description. Others argue that they are one of two nations in this country. Some are arguing for laws to protect their rights while others argue that the laws of Canada do not apply to them. While some want to return and preserve culture and language, others are chasing dreams of casinos and medicinal marihuana stores.

This in-fighting infiltrates any and all proposed policy options, making it almost impossible to reach consensus. They don’t even agree on the Inquiry itself, some calling for another inquiry, some just giving up.

The only constant is the constant outreach for more funds and the hundreds of lawyers now pursuing those dreams on their behalf. The lawyers also being funded by the government.

It was clear from the start that the “inquiry” was made of a political necessity, not necessitated as should be the case by an actual need to know. The statistics already pointed to the hundreds of factors that result in missing and murdered indigenous: poverty, lack of education, drug and alcohol abuse, housing, nutrition, criminal activity, staggeringly high birth rates etc. It has already been calculated that 80% of the violence against indigenous women and girls is perpetrated by their own, their families, the friends, and the neighbours.

All this was known before the inquiry and the factors will still be the same after the inquiry.

The original Commissioners of this “Inquiry” were Buller, a member of Saskatchewans Mistawsis First Nation; Michelle Audette an Innu woman who failed to win a Liberal seat in Quebec; Qajaq Robinson a Nunuvut born lawyer who was legal counsel at the Federal Special Claims Tribunal; Marilyn Poitras, a Metis law professor at the University of Saskatchewan; and Bryan Eyolfson, a First Nations lawyer who served on the Ontario Human Rights Tribunal and also in the Ontario Ministry of Indigenous Relations and Reconciliation.

The appearance of bias and slant could not have been more obvious. If there was an inquiry into the oil industry and all the Commissioners worked for Exxon and Shell would it be considered fair? If there was an inquiry into policing and all the Commissioners were members of the police would it be considered fair? Would there be an outcry? Of course, so why was there no outcry in the most expensive Inquiry ever taken on in Canada? Interestingly, the media was and remains completely mute.

So after this smorgasbord of like-minded social workers, lawyers, counsellors, and commissioners finish draining millions in their efforts, they are about to present that final report.

Recently, Marion Buller gave a hint of what was to come.

Testifying before the Senate Committee on Legal and Constitutional Affairs over Bill C-75, Ms. Buller suggests, that if it is an indigenous woman that is murdered, then it should be automatically first degree murder. She believes that the Indigenous should be treated differently legally, by the courts and the judges, in that they should get special consideration.

There are only certain provisions in the Criminal Code which allow for this automatic update to 1st degree murder; the killing of a policeman, a corrections officer, or in moments of terrorism.

But now, this former B.C. Judge, Ms. Buller, believes there are different classes of victims, and that the indigenous death is more serious than the others. The policeman and the corrections officers have been singled out as the jobs they do entail the protection of the general public. Ms. Buller now wants charge determination dependent on the colour of your skin or heritage.

She deems that this would be an act of reconciliation.

It would mean an automatic sentence of life and no chance of parole for twenty-five years. When it was pointed out to her that indigenous women are for the most part killed by their own, she was therefore advocating putting indigenous killers in jail for longer periods of time; she seemed taken aback. It was almost like she had never had seen that possibility.

The recommendation is ludicrous of course. Or is it?

With a coming election and the Liberals desperate to put Jody Wilson-Raybould behind them, would they consider such a criminal code change as an act of appeasement. Another apology if you will.

If you don’t think so, consider the latest Supreme Court of Canada ruling concerning the tragic case of the death of Cindy Gladue, an Indigenous sex trade worker. The accused was acquitted, but the Supreme Court ordered a new trial for “manslaughter”.

Justice Moldaver in a 4-3 decision writing for the majority stated in the decision: “As an additional safeguard going forward, in sexual assault cases where the complainant is an indigenous woman or girl, trial judges would be well advised to provide an express instruction aimed at countering prejudice against Indigenous women and girls”. It is not going as far as Ms. Buller, but it’s at the top of the hill, looking down the slippery slope.

Qajaq Robinson, of the MMWIG, who of course intervened in the case, called it a “tremendous step forward” saying that the courts have recognized that “in cases of sexual assault against Indigenous women and girls, that there is an obligation on the courts, on judges, to be gatekeepers to ensure that bias, prejudice, racism and sexism do not form part of the evidence…”

Again, on first blush this too seems somewhat logical, but there was no evidence of this being the case in this trial, it is based on a presumption.

Complicating this was the fact that the victim was engaged in a 2nd day of prostitution with this same man and the Crown argued that it went towards a determination of “consent” and therefore evidence of the victim being a paid sex worker was relevant.

So a new trial has been ordered.

But now have a Liberal leaning Supreme court warranting “express instructions” in the case of an Indigenous victim, a Federal Liberal apologist government, and a completely biased and unapologetic special interest Inquiry, all of whom may be taking us down a very dangerous road.

Section 15 (1) of the Canadian Charter of rights says that “everyone is equal before and under the law and has right to equal protection and equal benefit under the law”.

Apparently Ms. Buller doesn’t agree.

Photo Courtesy of the Canadian Press — Some Rights Reserved

Healing Lodges – just a better place to be

Tori Stafford was last seen alive on April 8, 2009, shortly after leaving school, heading home, captured on a video camera going down Fyfe avenue in small town Woodstock Ontario. She was being led by the hand by a woman, feeling be-friended,  no doubt filled with an eight year old’s optimism.

Almost three months later, on July 21, 2009 her body was found in nearby Mount Forest, naked from the waist down, her Hannah Montana t-shirt and a pair of earrings she had borrowed from her mother her last vestiges of her short time on earth. She had suffered broken ribs, a lacerated liver and had died as a result of repeated blows to the head with a claw hammer.

A slow torturous death. Unimaginable to most, perpetrated by two individuals, 28 year old Michael Rafferty and 18 year old Terry-Lynne McClintic. In a trial Rafferty was convicted of sexual assault, kidnapping and first degree murder.

Originally charged with being an accessory to the murder, McClintic eventually pled guilty to a higher charge of first degree murder.

It was a case that in the view of the general public demanded retribution, they needed to pay for their crimes. We have become inured to a lot of public deaths, not this one, it was one of those that went to a level that causes a visceral reaction, you taste the bile in your throat.

She was sent to the Grand Valley Institution for Women in Kitchener, Ontario, a normal conclusion in our Canadian judicial world to a heinous crime. Justice, or some form of justice meted out.

But then she entered our correctional system. And that is where the story re-ignited.

There is a couple of truisms that usually play out by those prisoners doing “Fed time”. First and foremost they quickly develop the need to survive; they need to find the easiest route through the system, the best jobs, the placement of video cameras, where you sit at dinner, who you befriend, who you don’t. A child killer has a path fraught with even greater peril, their heads becomes a swivel, their own deaths anticipated.  If you are capable, you learn the game and then you learn how to play the game.

A second truism is that those that are incarcerated find religion on a regular basis. It would be fair to say that not many murderers or child killers are religious when they enter the institution. But imprisonment, like imminent death, seems to assist in finding that religious part of your soul and lo and behold a child of God is often re-awakened.

Federal institutions are not fun places and one suspects that McClintic somehow learned of a better place to be during her first years in prison. Somehow she became aware of “healing lodges” which had been created primarily for indigenous women prisoners.  Apartment style living, a kitchen, visitors, no guards, versus 8 x 10 cell living, constantly staring at your requisite Orange is the new Black poster. Who could deny the appeal?

One can imagine the semblance of the conversation, where she was told that you had to be Indigenous to get in (which isn’t true), so she asked how do they test for that? They don’t, she was told. You can just say you are.

It is only a short step to then apply, declaring oneself indigenous and probably throwing in for a little positive aggrandizement, that she was very spiritual in nature.

It took eight years, but at last she got her wish, making it to the Okimaw Healing Lodge.  She had just begun enjoying the comforts of something like a home when all hell broke loose; her case came back into the public eye, and finally the Liberals broke down and made sure she got sent back, the public backlash too much for the sensitive Liberals. Sensitive to public outcry, not the plight of the victims family.

One should not resent Ms McClintic, she was just working the system and it almost worked. It may be that her fellow women prisoners are having a good laugh about the whole thing, McClintic now a heroine for gaming “the man”.

But one must hold the “system” accountable. How the decision was made reeks of a bureaucrat not doing a proper job, but should we not be questioning the very existence of the healing lodges themselves.

According to Correctional Services Canada, a healing lodge is a place where “we use aboriginal values, traditions and beliefs to design services and programs for offenders. The approach is “holistic and spiritual”. A religious treatment of the whole being.

Non-indigenous can also live at a healing lodge however they must follow “aboriginal programming and spirituality”. You must be the same religion, in line with indigenous spirituality. One would think that a person fitting this category would be a rare phenomena.

Spirituality is “the quality of being concerned with the human spirit or soul”. But by no means is indigenous spirituality monolithic, there is no religious uniformity across the country, in fact of the 1.7 million indigenous, two out of three identify as being Christian. So it is sometimes difficult to understand what is being sought or would be practised.

Healing Lodges are funded either by Correctional Services Canada (CSC) and staffed by CSC, or funded by CSC and managed by “community partner organizations”.

There are a total of 9 lodges in Canada, 4 run by CSC and 5 by “community partners.”

How they came about is an example of the Ottawa world and the rarefied air they breathe. A constant whirling mix of academia, politicians intent on re-election, and business leaders trying to get in on the gravy; all feeding off each other, absorbing the latest en vogue thoughts and processes, all circling and feeding. A bureaucracy, acting autonomously, guided by the political flavour of the day, then developed and constructed without scrutiny. Nobody allowed to question or look within, and the process itself hidden behind multiple meetings in multiple layers, conducted in their own governmental language.

This force moves and adapts very slowly, moving in concentric circles, through steering committees, Senate and Parliamentary committees, inquiries, task forces, and fact-finding missions. They are unaware and uncaring of the public looking in, common sense often in short supply. To question is to be tossed out of the circle cut off from the government teat. Costs are not often part of the equation. It is from this process that came the belief that a healing lodge made perfect sense.

In 1990 there were calls and plans being made for five new regional correctional facilities.

A task force, as is often the case, was lurking in the background. The Task Force for Federally Sentenced Women, who in their report “Creating Choices” recommended that one of these facilities be specifically designed and run for indigenous women.

The Native Women’s Association, a Federally funded advocacy group, one of the groups in this Ottawa circle of life, proposed the concept of a healing lodge.

There was also a group at the time of  “former Federal aboriginal offenders who were advising the CSC”.  This would normally make one scratch their collective heads, however it is true. They of course agreed wholeheartedly and supported the Native Womens’ Association in the need for and development of a healing lodge.

So what is the logic behind this clearly subjective policy proposal. According  to the CSC there were two main reasons:

“Mainstream programs don’t work for Aboriginal offenders.”  This seems to have been presented as a statement of fact, but it is difficult finding any verifiable research this pronouncement is based upon.

Secondly, they stated that there is a dramatic “over-representation” of Indigenous people in Federal facilities. (Apparently persons convicted of crimes were now “representatives” and not convicts) They were not wrong.

In 2017 Indigenous individuals made up only 5% of the Canadian population; yet 25% of the males and 36% of the females behind bars were Indigenous. This number is expected to continue to grow, mainly due to the ever expanding birth rates and the continuing problems experienced by the Indigenous.

If one accepts the concept of needing a special place, a place where they would be treated differently from all other inmates, then the obvious next question is do they work?

A review of the digital brochures for each of these facilities talks about a holistic and spiritual approach, training and maintenance skills promoted as in other facilities, but all given the opportunity to “heal”, “grow spiritually”and re-connect with Aboriginal culture”.

Again, little to no evidence of its effectiveness, but they continually issue the statement that  “culturally-appropriate environments can contribute to the healing process of offenders”. That participants develop a “stronger familiarity with Indigenous history and traditional languages”. Not exactly an insurmountable goal, and it would be unfair to expect any kind of reduction of criminal activity, as this is after the fact after all. Heinous crimes have already been committed.

By offering beyond the usual training and teaching found in any correctional facility, does the offering of “weekly sweat lodges”, “pipe ceremonies”, “smudging”,”medicine wheel teaching”, “carving”, “beading” and “sun and rain dances” lead to a lesser recidivism rate among indigenous? Is it any better training than what is offered already to the rest of the prison population. Or is it serving as just an easier place to do your time.

In a 2013 government backgrounder, the government said that the recidivism rate was 6%, when the national average was 11%.

However, in an earlier government analysis in 2002, it measured the recidivism rate as being 19%, compared to 13% for indigenous released from minimum security facilities. A dismal failure.

In 2016 the National Post reported that 18 inmates had escaped from healing lodges over the previous five years. Not unexpectedly, as there are only security guards watching video monitors, instructed only to call the police if someone walks away.

There is even a lack of acceptance by the Indigenous Reserves where the healing lodges have been proposed. In 2012, a Review by the government found that there was a problem with community acceptance as not every aboriginal community wanted or was willing to have the lodges in their communities.

So where does leave us. Everyone knows that the ‘real’ problems for the indigenous: substance abuse, inter-generational abuse, residential schools, low levels of education, low employment and income, sub-standard housing, sub-standard health, isolation, violence, greater inclination to gang violence, and mental health issues are the reasons the Indigenous and their youth incarcerations rates are at stratospheric levels.

In March 2018 the government released a report entitled ‘Updated Costs of Incarceration’. A male offender in a minimum security institution costs $47,370 per person or $130 per day. A female offender in a minimum security institution costs $83, 861 or $230 per day. An inmate at a healing lodge is the most expensive, costing $122,796 or $336.00 per day.

The Salvation Army gives out a bowl of soup and a prayer on the skids of Vancouver each and every day, before providing food and lodging, combining their spiritual beliefs of salvation with a social cause. But they are dealing and providing at the source. There is a measurable impact.

The Federal government has released records indicating that since 2011 over 20 child killers have been sent to healing lodges. The Liberal defence in the McClintic case is that the Conservatives did it too.

These lodges are better for the inmates, providing a nicer place to be, but as a tool in the Corrections toolbox, they have been a costly and failed experiment.

Is it not time to close down this experiment?  Besides, we don’t want McClintic to have a nicer place to stay.

It isn’t fair to Tori.

Photo Courtesy of Carlos Ebert via Flickr Creative Commons – Some Rights Reserved

 

 

 

 

 

 

 

 

Crime and Punishment on the Prairies…

 

Like a prairie thunderstorm, building on the horizon and starting to move quickly, the normally placid bucolic life of the small towns of Saskatchewan now lay in the path of this building storm. The W.O. Mitchell’s “Who has Seen the Wind” version of the Prairie lifestyle, is being enveloped and blown aside in a dark wind of violence, racism, fear, and desperation.

This barometric change was entirely predictable. It has been developing over many years, all the while complacent government bureaucracies and police agencies stood idly by; consumed by “modern” issues, seemingly ignorant of the core basic need in government, that of public safety.

It is the most pronounced in the small unique and sparsely populated Province of Saskatchewan, where its main street small towns have become involved in a war of attrition. One side engaged in the fight of maintaining a largely rural lifestyle, the other side fighting for radical change and reimbursement, with an ill-defined final goal. As Ottawa fiddles, rural Saskatchewan is now burning.

This is in reference to the tenuous, often violent,  see-saw balance between the mostly white agricultural community and the Indigenous.  It has been in play for over a hundred years in Saskatchewan.

Reconciliation is the new cry. The Indigenous demand further rights, demand more monies, fresh water, oil rights, the right to hunt, the right to fish, the right to deal marihuana and their cut of the economic pie. These demands and expectations fuelling a seemingly endless amount of court cases.

Whether one sees these demands as fair or intemperate, underlying all of it is a group of Indigenous leaders that has lost control of its own constituents. Many reserves in this country have become crime infested, and a culture of crime is emanating from them in ever increasing concentric circles. Rampant poverty driven crime spilling out into the towns and countryside.  Those waves are now crashing into an armed and increasingly vigilant population not willing to be overrun, not willing to succumb to the apparent effort to subsume them.

The statistics back up the claim that the crime is becoming out of control. The most dangerous cities in this relatively peaceful country of Canada, the ones having the most violent crime statistics are in order:

a) North Battleford,  Saskatchewan

b) Thompson, Manitoba

c) Prince Albert, Saskatchewan.

Saskatchewan remains the most crime plagued Province. A dubious distinction for sure but they hold and have been holding it for many years.

The Prairies is where the Indigenous world meets the other world. It is where radical aboriginal rights meets head on with a stubborn and resistive farm community. It is where it is more eye for an eye, unburdened and unconerned by the latest socio-economic impact study.  It is for the most part, caucasian versus aboriginal, as much as we are not supposed to point that out. It is where racism abounds, on both sides.  The racism has become accepted, part of the dialogue, part of the new way of life.

North Battleford, the most violent city is the epicentre. It is of course near the Red Pheasant reserve, the home of the recent Colten Boushie/Gerald Stanley case. The one where the white Gerald Stanley was acquitted in defence of his property and his family. This was contrary to what the Indigenous wanted, contrary apparently to the outcome wished for by the Liberal government.

The Indigenous, the Boushie family and the Federal Liberals all held it out as a gleaming example of racism in this country. It became a National liberal cause, Canada’s version of the Confederate South and the Yankee North.

Actual details of the trial took a back seat to flashier banner headlines, stoked by a CBC media group which seemed intent on inciting the racist tone to the case.  The whites were forced into hiding, supportive comment for Stanley was pushed underground.

This factional divide did not start in the last few years in this part of Saskatchewan.  It has been building for decades, going back to as early as 1885,  during the North West Rebellion, where eight Indigenous were hung in the Battleford area.

There are two versions of this event. One, according to the whites, was that the suspects were hung for “ransacking”, for stealing from the residents of  Fort Battleford. The Indigenous version on the other hand, said they had only come to “plead” for supplies and were simply massacred. Which side you believe, which is your truth, depends on which side of the divide you fall.

The city of North Battleford is located two hours away west from Saskatoon. It has placed highest in the Crime Severity index since 2009 when they began compiling this information, and still carries this title into the 2017 records. This index and North Battleford’s ranking is heavily weighted by intoxication, theft, and a mass of mischief offences.

Fourteen (14%) percent of the population of Saskatchewan is Indigenous,  but in 2016/17 a staggering seventy-six (76%) of admissions to jails were indigenous peoples. This was the highest of all the Provinces.

The liberal left call it the result of rampant systemic racism, and decry that the system is not working. In response to the high incarceration rates, the Federation of Sovereign Indigenous Nations vice-Chief Heather Bear is quoted as saying “we are working with a broken system….its about lock the Indian up”.  On the conservative right they say the system is working exactly at it should; it is catching those that are committing the crime.

Two worlds colliding. Colonists initially enticed to settle this vast and often barren landscape with promises of 160 acre tracts of land. The ability to own their own piece of the land, made them set sail from faraway shores, leaving impoverished and desperate conditions to fight for a piece of land, a better life. Their new life was not always as advertised, it was often harsh and unforgiving whether fighting drought or bitingly cold winters.

The Plains Cree, hunters and traders meanwhile patrolled this same vast landscape, but they were a culture that did not share the same conceptual framework of property and ownership.

The settlers settled while the Cree continued to roam these vast, and for the most part, unpopulated regions. It was unlikely that anyone believed then that the country was not big enough for everyone.

Colonialism continued, evolved, and developed. Rules and laws were established. Responsibility was based on the concept of the individual. Being agrarians, the land which they struggled with from season to season was their reason for being.  This land was their very existence and thus needed to be defended to the death.

The Cree life began to stagnate, their economic system was beginning to falter. Two very different economic and political systems were destined to clash. One system continued to thrive, the other fell into the abyss. The Cree old way of life is now for the most part unrecognizable.  Successive governments of the settlers tried to reach agreements or impose agreements on sharing, and the treaty system and residential schools were all geared to some form of assimilation.

The 21st century Cree now believe that the historical wrongs need to be righted. Having stagnated for years on the Reserves, they now want their share of the economic pie. They now want what those first settlers wanted. A new life, free of recriminations along with financial wealth and independence. And if the government doesn’t want to give it to them, they will take it.

And therein lies the rub. If the government is going to give the Cree property or transfer wealth then someone else must lose it. The First Nations have tied their demands to the belief that because they roamed the lands, worshipped the lands, it is their land. It is all their land, because they never “ceded” the land.

This very concept is incomprehensible to a group like the Prairie settlers who believe that being here first is not a right to claim all of the land, that their rights should be considered as much as anyone’s, that there is no singular entity beyond the law, no one that is special, no one should have a priority over everyone else.

They describe a Federal government which is continually siding with the Indigenous, afraid to call out the violence, afraid to hurt their constituency.

They describe a cowering police force, sometimes miles away offering little support or even attendance.  The RCMP masters are this same Liberal government and therefore they dare not talk or point the finger at this obvious politically protected group.

So the unpleasantness grows, a liberal social media fuels the invective and the polarized arguments. The farmers in the small towns, arm themselves, preparing for a fight. The farmers demand that individual responsibility and adherence to the laws are a must, something not negotiable.

The result. Fort Battleford which went on to become North Battleford, is now the “most crime plagued city in Canada”. A town of 13,000 surrounded by seven First Nations groups with a total population of around 14,000, are still fighting and the battles may soon turn in to all out war.

The farmer, and the Plains Cree, who once worked together over the last hundred years has inexorably been pushed closer to the gaping chasm where extremists on both sides get the audience and the attention. Can it all be blamed on “colonialism”, or on the perpetration of “residential schools”? Does the 60’s scoop explain alcoholism, abnormally high pregnancy rates, malnutrition, and illiteracy. Not absolutely, it is much too simple an explanation.

The First Nation and Indigenous leaders, who trumpet the need for “reconciliation”, who are quick to cry systemic racism see the only remedy as money and more money.  Separate education, separate justice, separate police, endless health care workers, boundless hospitals and  health systems.

Another truism that never seems to let us down, is that people who have little, see people who have a lot, and they want it too. Two percent (2%)of people in Saskatchewan are on income assistance, while forty-four (44%) per cent of the Indigenous in Saskatchewan are on Federal income assistance. It has created an environment and an addiction to government funds on the part of the Indigenous, while helping fuel a belief that the other side is lazy, not willing to work, not wanting to be part of the larger society.

The Indigenous leaders are quick to jump into any fray, smelling fear in government circles of being branded racist, salivating at settlements way beyond the pale or understanding of the ordinary citizen. But at the same time blindly ignoring the obvious.

Colten Boushie grew up surrounded by alcohol and drugs, not atypical to many reserves.  He talks on Facebook about Red Power interspersed with bragging up the effects of marihuana, all while lamenting the raw deal given to his race.

Colten Boushie died because Colten Boushie grew up surrounded by violence; his banter  more in keeping with the Bloods and the Crips from a land far away.  He had a misguided bravery,  fuelled no doubt by a ridiculous video game level of understanding of that violence and its outcomes. To his group violence was heroic, copied from mediums which were far removed from their personal situations. Spewing toughness, “Fuckn punk d lee duck you talk shit back it up nigga I’m always on my tos come on niggah”, (Facebook – April 24, 2016) when none may have existed.

Colten Boushie’s uncle, his mother’s brother Colin Leonard Baptiste was found guilty of a home invasion in 1994 looking for gas and money. They put two people, Gordon Tetarenko and Bryan Kipp, in separate rooms, and then he and his co-accused Ron Coldwell individually shot them dead with a rifle. Colin was only 23 and served only two years for his murder conviction.

Stewart Baptiste was the Chief of the Red Pheasant Reserve and in 2012 was re-elected finding out from his jail cell where he had been put for breach of probation, and driving while disqualified.

Colten Boushie through no choice of his own grew up surrounded by violence and poverty. He did not have a chance.

The government talks about the “over representation of Aboriginal peoples in correctional services” as if it was a vote. Let us be clear, Saskatchewan aboriginal incarceration rates are reflective of who is doing the crime, who are committing the offences. They are not all innocent, they are not victims, they are hard core criminals, no different than any gang banger or a Hells Angel.

The government of see no evil will not go there. They say things like, the need for an “equitable justice” system. They want policies that address the “representation” of Aboriginal people in the justice system. They make it sound like a misunderstanding that they need to correct.

The Reserves like the ghettos of Jamestown in Toronto, the downtown eastside of Vancouver, are festering pits of violence, fueled by alcohol and drugs and mental illness. This is where criminal activity is bred. There are parts of Winnipeg in the north section which have greater crime rates than the Compton area of Los Angelas.

With over 600 Nations, speaking 60 different languages, they are not a united front, nor one where each nation is equal. Some reserves are heavily involved in the 21st century, building apartment complexes, developing their own pipelines, their own businesses. The others are living in poverty where the dialogue is representative of ghetto rap. They are often being governed by corrupt management and over paid chiefs and “development officers”. Some drive Mercedes while others have no covered windows in their residence.

Some Indigenous are using their political connections to a huge advantage, gaining air miles continually being summoned to Ottawa for their viewpoint. The others are smuggling cigarettes, have no running water, are drinking copier fluid, and breaking into cars in the city for spare change.

Which all leads to what is believed to be a pretty obvious certainty. If there is a chance to stem this growing civil unrest than there needs to be a meeting half-way. Personal responsibility by Indigenous leaders and by their followers must enter the equation.

In this country which is often referred to as a cultural and social mosaic, there is no room for one group having greater rights than others. Each in their own sphere allowed to grow and cultivate their culture and language, but not to the detriment of others. A single set of laws acting as a binder, property rights recognized, but holding to central tenets of decency and honesty.  A respect for others must be re-gained. Assimilation not domination. There is no room for a separate state in Canada.

The Indigenous leadership needs to be held responsible for their people and the actions of their people. The radical statements and cultivating a culture of being owed, of everything being blamed on racism must end.  They need to address issues on these reserves. They need to gain control of their youth, the monies they are receiving need to be distributed down and put to the people directly. The government needs to monitor and audit that spending giving it a chance to be accountable and visible to all.

And it is then and only then that the other side will get out from under a siege  mentality. Once there is a recognition of an attempt to be accountable, only then will it be possible for a reconciliation. Calm measured voices from both sides need to meet in the middle.

In the meantime the farmers will continue to arm themselves and the Indigenous youth will continue to mimic their gangster kin, still destined statistically for a Regina jail.

Colten Boushie and his family, living in squalid conditions, no sense of a future, no  reason for participating, surrounded by a family who seemed to be hinging their future on “reconciliation” and what they believed the government owed them.

Glimpsing Colten’s facebook is in many ways similar to what one would expect from any immature early 20’s male. Random often non-sensical thoughts, but with repetitive themes of boredom, the beauty of marihuana, and the lack of money. But interspersed with comments no doubt particular to Indigenous youth; Red Power, the wanna be affiliation with gangster style and music. Their “bros” are their lifeblood. One friend brags about his friend “doing 25 to life in the Federal pen”

Always newsworthy when the cops are on “the rez”… “a good morning to all back in the saddle again middle finger up to the law” (Colten Boushie on Facebook July 27, 2016) ” and often brave talk of dying or the willingness to live on the edge.

“Its a good day to ride or die” (Colten Boushie on Facebook July 28, 2016)

“Back in the saddle again throw my middle finger up to the law, ain’t gotta rob nobody tonight but I do it just because I’m a nut i get bored did some pills but I want more fuck this world fuck this town” – (Colten Boushie on Facebook April 29, 2016.)

Until the Indigenous leadership recognizes and takes some responsibility for the problems on the Reserves and only when everyone can openly talk about the criminal element which saturates the Reserves and blinds people to real solutions, only then will there be hope.

The current Federal government doesn’t see the storm, only appeasing one part of the equation. This is a Federal Justice Minister who was an advocate for the Indigenous in her previous life and it is obvious to all that she is compromised. She is clearly an advocate of a separate state, a separate set of laws. She has no credibility with one half of the two sides that need to come together. The Poles, Ukranians, Estonians and others who also and equally “settled” this country need to be recognized and have a voice. They are after all the majority.

To do otherwise is a recipe for disaster. Blood is being and will continue to be spilled. The extremists on both sides need to be ignored and reasonable arbiters need to come forward.

Sylvia McAdam from the Big River First Nation in Saskatchewan and a co-founder of the IdleNoMore Movement was typical in her statements, saying after the Colten Boushie verdict that “There’s something very rotten to the core about what’s happening in Saskatchewan”. She’s right, but she is part of the problem, not the solution.

The truth and the road to understanding is in the facts buried just beneath the rhetoric.  Only an honest assessment by honest leaders will pull both sides out of this ever downward spiral.

As Henry David Thoreau said “It takes two to speak the truth..one to speak and the other to hear”.

Photo Courtesy of Mark Goebel via Creative Commons Flickr. Some Rights Reserved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diversity vs Merit…planned discrimination?

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