Casting a Blue Ballot

As the Provincial and Municipal politicians dutifully follow behind Mr. Trudeau, like gulls to a BC Ferry, their hands grasping at the dollar bills gracefully floating through the air behind the wake of the woken Prime Minister. With a spring in his step Mr.Trudeau bounces along, freshly shaven, oblivious to all but the CBC paparazzi. Ms. Freeland, scurries behind at a respectful distance trying to put the hose of monies spewing forth in some semblance of a thought out policy. Destined for at least another election to be the gal with the shovel behind the elephants in the political circus. 

Besides making the world go round, money of course is the best harbinger for a nearing election. Trudeau and his crew apparently now confident that they can keep it to a one issue election —the issue being how well they dispensed (no questions asked) monies during a time of “crisis.” There is the secondary issue of climate change nipping at the politico heels but that is more controversial, being that it is still difficult to sell an electric F-150 to the oil patch worker or convince many in the general public that paper straws at A & W is the most efficient way to attack our 1% world portion of greenhouse gases. 

Every election, police organizations and their card carrying officers have always been required to walk a fine political line. Police officers are dictated by political norms to be apolitical. They are told not to express their views or get involved politically, but it is a line which has been crossed many times. Active police officers have even tried to run for political office.  But for the most part they are supposed to stay uninvolved, enforcers of the law, not makers of the law. 

Where you do see officers taking off their officially issued blinders and actually get involved with that pesky public is when they retire or resign. Then they are then able to find their voice. Some have even risen to great heights; usually propelled by a puffed up policing career and resumes filled with Queen Silver Jubilee medals. There is the likes of the illustrious Bill Blair in this country, or the Democratic front runner for the mayor of New York, Eric Adams, who is a former police officer, who has no compunction against championing his relatively brief stint with the NYPD. 

The burning question now though– is who should a cop vote for if in fact Mr. Trudeau calls a Federal election? Should they vote with their head, heart, or wallet? Is the young cop of today a different voter than the more predictable officers of the past, those whose favourite colour has always been blue. 

Traditionally the old cops were the poster children for law and order, right over wrong, all answers black and white. No colours or shades of grey cluttering up a polar argument.  He or she did wrong — therefore he or she must pay goes the dictum.  

So when it comes to the current law and order issue, what is different between the parties? Can the police officer find a clue in who to support by examining the platforms of the political parties?  

Mr.Trudeau is clearly soft on most crime issues, well to be completely accurate, all crime issues. He takes a knee on Parliament Hill or apologizes to the Indigenous for one wrong after another on a continuous basis.

In fact, if you go to the official Liberal party platform, law and order as an issue is nowhere to be found. In their 72 plus page document, crime and the issues that flow from it do not even appear. You could interpret this two ways. Everything is perfect in the policing world or it simply doesn’t warrant attention from the myopic Liberals. 

Mr. O’Toole (who?) who leads that dynamic Conservative Party has only one issue that comes close enough to be called a law and order plank in his platform. That is priority #2 if you are following along. They want to pass an anti-corruption law for no other reason than they think they can then go after the Liberals in Ottawa. So, this historically and tradition law and order party have no promises or political planks to deal with such issues as the growing rural crime, cyber, white collar and organized crime or the insufficiencies in the courts. Nothing even warrants a “promise” or a policy change. 

Then there is Mr. Singh and the New Democratic Party. As this is being written if you go to their “platform” site you are greeted with the message “we are in the process of updating this page”.  It is truly hard to imagine the NDP running anything in this country with any level of success. 

If a cop would like to get financially comfortable, maybe one should be tempted to go towards the NDP. After all, they are the Victim party;  everyone suffers, everyone is misunderstood, each of us a victim of some form of discrimination. They believe that everyone is under “stress”and is wistfully dreaming of a fixed annual salary. Their reasoning is that the government is the best positioned to take care of us all and bring us all to a peaceful harmony.  If they obtained power, an admittedly unlikely prospect, then all officers could theoretically argue, with little effort, to be suffering from PTSD. A medical pension for life would not be far behind. Everyone would be calm in their self induced altered state. There would be no need for police or mood rings.  

The Green Party? Ya, you’re right, not a chance. They are even having trouble keeping their newly-elected leader Annamie Paul around. The former tree hugging leader Elizabeth May now doing her best impression of American Sniper, aiming directly at the new leader. Not enough medical marihuana on Vancouver Island to ease her discontent. 

So, even in this year of defunding the police slogans reverberating through the corridors of policing, none of the parties are interested in law and order issues. So where is the dedicated copper wrapped in concern for his country and the Canadian flag supposed to turn? 

Should the Mounties follow their leader Commissioner Lucki to the ballot box. Clearly, at least publicly, she is about as Liberal as you get. It served her career and it preserves her current job to be the doppelgänger of any preeminent Liberal politician. Maybe she is also aiming for a Senate seat too.  

Is it possible she is a closet conservative and in her fevered dreams she wishes for a rejuvenation of Stephen Harper? Possibly she is tired of spending her lunch hour wandering Sparks Street Mall looking for anyone of colour to pull into the recruiting office. We may never know, so in that sense, we can not let her be the guide as to how one should vote. 

What if the police were to vote with their wallets?  If that was the case there would be no contest. The Liberals would be the uncontested winners, hands down. They just gave the Mounties a 23% raise. Is this  enough to garner all those Red serge types to go “ahhh, he’s not that bad” and biting their tongue, cast that X for the Liberal candidate. These new young Mounties are more career focused than those of old, advancement is important, money is more important. Pension is still God. If the Conservatives got into power and come face to face with the actual debt and deficit would they not be looking for ways to cut back. Government pensions have been a traditional target and that would have the Mounties wringing their hands in worry. Would the Conservatives cut off the thousands of Veterans benefits now going to retired Mounties with poor hearing or a bum leg? 

Ramblings aside, as the election draws near, it is truly disturbing how little choice exists. The parties and their platforms are almost indistinguishable except for the size of their political wallets.  As a country we seem to be in desperate need of a new broom. But, who would dare to step forward in this era of examination, this era of Tik-Tok and Instagram tailored speeches. No one who has stood at the barricades or formed an opinion would make it through the electoral political filters now in place which regulates speech and action. 

To expect the largely publicly funded  5th  Estate  to establish some sort of fire break between what the politicians promise and what they deliver is apparently just wishful thinking. 

Thomas Jefferson famously said “the government you get is the government you deserve”. Really, what did we do to deserve this?  Have Canadians become sheep? Soft in the middle voters, all hoping for that government pension and lulled into a sense of mediocrity? Has our need to not offend given us a government we deserve? 

The cop out answer (pun intended) to not voting is often said —“they are all the same anyway”. That’s too easy.

We need to vote, cops and all Canadians need to find their voice. The police in this country, as in all countries, is a true reflection of the held values that can be found within their boundaries. We need to like what we see.

Photo courtesy of Flickr Commons by Liz West – Some Rights Reserved

The Indigenous and the FLQ parallel

In October of 1970 a small group of radicals known as “separatistes” gathered and organized determined to take the Province of Quebec into a new political order. They imagined and sought a transformative and radical change, one in which Quebec would become a “sovereign nation”, no longer part of the Dominion of Canada. The “Front de Liberation du Quebec”, the FLQ, did not believe it was possible for this to happen using normal political avenues. They felt that there needed to be a jolt to the sensibilities. They, in the end, were responsible for over 950 bombs being detonated around the City of Montreal in the quest for that freedom and independence.

The Federal Liberals at the time under then Prime Minister Pierre Trudeau would institute the War Measures Act and 497 people would be arrested and arbitrarily held. Charles de Gaulle would exclaim from a balcony in Quebec in 1976, “Vivre le Quebec libre!” in what some would say was a misguided and impromptu show of support for an independent Quebec.

In the end this radical cell was thwarted; 23 of the FLQ went to jail and 4 went to jail for the murder of Pierre Laporte, who died in honour of the cause. Tanks were parked on Parliament Hill. It was a truly significant and violent chapter in the history of Canada— all in the name of Quebec provincial independence. 

In 1976 the potential of separatism still enthralled many of the people of Quebec and Rene Levesque was voted in as Premier of that Province as the leader of the newly formed Parti Quebecois. His and his party’s platform was founded on the single fundamental principle of leading Quebec away from Canada, but this time through a legal and electoral process designed to do what the FLQ could not achieve through violence. 

After a few years and an early referendum on the issue, in 1980, a Province wide referendum was held which requested the support for the legal removal of Quebec from Confederation. The process and voting captured the eyes and ears of the entire nation. The rest of Canada awaited the results that night with bated breath, not knowing whether or not Canada was going to be forever changed, its geographic boundaries re-drawn? A new sovereign nation literally dividing Canada.

It was a hard fought political battle between the diminutive and scrappy Levesque and many had a grudging admiration for his hard held belief and his impassioned ability to articulate the desire of the Quebec people. Pierre Trudeau was his natural nemesis and argued with equal personal passion that Canada could not survive such a radical and ill thought out solution. Both carried the level of oratory and debate to a level never seen before or since in this country.

Levesque and the Parti Quebecois lost the referendum by a slim majority. The people of Quebec decided that to remain in Canada was the wiser choice. (under Premier Parizeau, the Parti Quebecois would again seek to separate with another referendum in 1995 which was also lost).

Now, some fifty years later, many would be dumbfounded by the ease by which another group in this country, a much smaller group, is about to achieve the same goal once held by the Parti Quebecois, with little or no fanfare, no call to arms or public debate.  This time, ironically, the son of that ardent Federalist Pierre Trudeau is about to grant virtual independence and self-government with the stroke of a pen. No referendum, no debate.

The Indigenous of this country have convinced the political powers that the necessary extension of this long long road to “reconciliation” has an ultimate goal—and that goal is the wholesale adoption by Canada of a United Nations Declaration on the Rights of Indigenous Peoples. A legally non-binding UN resolution, which the Liberals are now going to make legally binding. 

The Conservatives were in power at that time of the original U.N. Declaration which was passed in 2007. In its initial inception, Canada voted against the Declaration as did other countries.

At that time the Conservatives made official public statements against the application of UNDRIP in Canada. The Indian Affairs Minister at the time Jim Prentice stated the opinion that the the Declaration conflicts with the Canadian Charter of Rights and Freedoms. While it supported the “spirit” of the declaration, it said that it contained elements that were “fundamentally incompatible with Canada’s constitutional framework”, including “the Charter of Rights and Freedoms and Section 35 which already enshrines aboriginal and treaty rights”. 

The most specific problem they argued then and it can be argued now was with Section 19 : which appears to require “governments to secure the consent of indigenous peoples regarding matters of general public policy”. 

The Liberals in 2015, when the UN Declaration was changed to be a “non-binding” document and therefore not carrying the legal weight of its previous iteration, reversed Canada’s position  to one of support for the document. This appeased for a time the Indigenous political agenda, but without legal enshrinement, it was merely a statement of principle. 

The Liberals in 2020 under the un-relenting urging of the Indigenous leadership are now about to be granted enshrinement of the declaration into law in the form of Bill C-15.

This bill is being presented, or a better term may be marketed, as merely an affirmation of basic human rights; and they are urging that we should all applaud in unison. The news media being presented with this explanation of it being only a matter of basic human rights, glosses over the details and have fallen into subservience. No further questioning as to the political and economic ramifications.

Justice Minister Lametti, flanked by his Indigenous cohort Perry Bellegarde echoed the marketing theme when asked about whether there would be opposition support: “who is going to vote against human rights?” 

While on one hand downplaying Bill C-15 as a foregone conclusion, a mere exercise in codifying the obvious, Lametti does admit that “it has the potential to be transformational”.  Mr. Lametti refers to this Act as being at the “starting line” as he wishes to place “150 plus years, longer than that, of colonialism and the impact of it behind us”. He wants us to move on to “a different model.” 

Mr. Bellegarde, the spokesperson for the Assembly of First Nations, has also been pushing this bill for some time, but he too downplays the significance of the legislation and sticks to the script saying that it doesn’t really do anything; other than “it acknowledges and and affirms our rights under international law”. Although, he does later return to the familiar trope– the Act will serve to condemn the “racist and colonial doctrines and beliefs that have led to grave human rights abuses including the residential school system. “

Bill C-15 and the U.N. Declaration is based on the principle, that this country we know as Canada, is actually the “territory” of the Indigenous. This narrative has been pushed willingly for some time by the woke Liberals and NDP.

Their contention is that the immigrant side of this story, the immigrants who “colonized” or some would say “settled” this country needs to be pushed aside in the history books. Those Poles, Germans, Ukrainians, Chinese and Italians who long ago carved a living out of often hazardous and meagre circumstances now have no direct or historical claim to the vast and largely empty lands which they settled. Mr. Lametti would like to place that portion of history “behind us”. The indigenous fundamentally believe and argue that colonization dispossessed them of “their lands” —that colonization was inherently evil and the country that was built around that settlement was somehow invalid. They never “ceded” their territory they exclaim.

The United Nations in writing their declaration were concerned that “indigenous peoples have suffered from historic injustices as a result of inter alia, their colonization and dispossession of their lands, territories and resources thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests”. The two themes, which plays throughout this document are: “Recognizing their rights to their lands, their territories and resources” and “the right to self-determination of all peoples”.

No matter what one believes, one should at the very least realize that the nature and process of government in this country is about to significantly change if this bill passes 3rd reading. If the constantly reconciling Liberals have their way with Bill C-15– 5% of the population, regardless of historic claims, will have effective economic and political sway over the 95%.  If this sounds like an exaggeration then you need to read the very articles which are being proposed (my italics) and are swallowed up whole in Bill C-15: 

Article 3 – spells out “the right to self-determination”

Article 4 – “in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as means for financing their autonomous functions”

Article 14 – “ Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning”

Article 16 – “States without prejudice to ensuring full freedom of expression, should encourage privately owned media duly reflect indigenous cultural diversity and have access to all forms of non-indigenous media without discrimination”

Article 19 – Probably the most contentious is the article —“States shall consult and and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain free and informed consent before adopting and implementing legislative or administrative measures that may affect them”. 

Article 21 – “Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health, and social security”.

Article 26 – “Indigenous peoples have the right to the lands, territories, which they have traditionally owned, occupied, or otherwise used or acquired” 

Rene Levesque must be looking down from a cigarette smoke-filled heaven and be astounded about the ease of this process. Pierre Trudeau will be rolling over in frustration at the idiocy of an argument now being put forward by his own son –that any of this is sustainable, workable or in the best interests of a Federal Canada. 

What is slowly being revealed however is that the Liberals, under the cover of COVID and the billions of dollars of incurred debt may have now discovered that maybe this is the opportune time to spend a few more billion in the pursuit of their loyal followers, whether it be the environmentalists or the Indigenous. Carbon tax or sovereign institutions, a few billion here and there to promote their agenda will go unnoticed. After all, all the media can talk about is Covid-19.

Some Provinces have urged the Feds to slow down on Bill C-15 that the repercussions of this bill could be momentous. No, no says Justin, it is time to move forward. To argue against their cause effectively puts you in the category of the unenlightened, intolerant of change, and ignorant of this new history.

This Bill of course is not about fundamental human rights. As previously stated that is already covered in Section 35 of the Constitution.

This is about power and money and future votes. This is part of a payment plan designed by the Liberal party for the security of the Indigenous vote in perpetuity. That is frustratingly obvious. 

Nobody even knows what weight this Act will carry, what political shape it will take and the economic cost of implementing these principles of self-determination and separation from the other parts of Canada. Mr. Lametti when asked about “free, prior and informed consent” says he can’t define how that is going to turn out. His ineffectual response was that “every consent requires a unique process that includes a dialogue with Indigenous people”. 

In the 1970’s Quebec under Levesque and the Parti Quebecois at least had a plan; one which included a distinct geographic boundary, a proposed parliamentary style government, a singular and unified culture and an economic plan for self sustainability. This has none of that.

There is no plan. The only commonality is the ever increasing need for continued and increasing economic support from the part of the country from which they wish to be politically separate. To add to the political and economic confusion and chaos which surrounds the Indigenous cause, we now have a Justice Minister introducing a fundamental change in the law—and he doesn’t really know how it is going to turn out. Who could argue with such political vision?

One should note that the first Parti Quebecois government in the 1970’s was the first government to recognize the rights of aboriginal peoples to self-determination. But, there was a huge caveat, it was only “insofar as this self-determination did not affect the territorial integrity of Quebec”. Over 50 years ago even a radicalized Rene Levesque saw the possibility of a sovereign Indigenous as constitutionally unviable.

Photo Courtesy of Flickr Commons Renegade 98 – 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

Collision Course

In a ruling this month by Justice Margeurite Church of the B.C. Supreme Court, it was decided that Coastal Gas Link, the company constructing the LNG pipeline from north eastern British Columbia to Kitimat British Columbia, had satisfied the requirements for an interlocutory injunction against the protestors of the natural gas pipeline.

Listen closely….can you hear the echo?

The year before in December 2018 the court had granted an interim injunction against these same protestors. That time the RCMP eventually moved in and 14 of the protestors were arrested and the encampment taken down. All of it much to the chagrin of a small sect of the Indigenous who were being supported and prompted by the usual wagon jumpers of the enlightened liberal left.

So here we are again, a year later, same issue, different court date. Ms. Church in this latest court verdict went a little further in her ruling saying –that there is evidence to suggest that the protestors had engaged in “deliberate and unlawful conduct” for the purpose of causing harm to the plaintiff and preventing it from constructing the pipeline.

Of added interest may be her comments reflecting on the general state of the laws pertaining to the Indigenous movement reflected in this particular case:
“There is a public interest in upholding the rule of law and in restraining illegal behaviour and protecting the right of the public, including the plaintiff, to access on Crown roads…the defendants may genuinely believe in their rights under indigenous law to prevent the plaintiff from entering into Dark Horse territory, but the law does not recognize any right to blockade and obstruct the plaintiff, to access on Crown roads.

In any event, another court decision, another group of lawyers, all kicking at the peripheral issues and avoiding the central dilemma of defining the role the Indigenous are to play in this country.

One would be hard pressed to imagine a more convoluted, ridiculous, and multi-layered predicament. Often mis- guided policy and vague initiatives have been all wrapped in endless litigation and court interpretation. The politically righteous argument of aboriginal rights, simmering away for the last forty years in a cauldron stirred by hundreds of lawyers. Apparently none able or overly concerned to define the central role of the Indigenous in this country. No one able to say whether the Indigenous are simply Canadians, just like everyone else, with the same rights and benefits, and subject to the laws of this country; or a “Nation” unto themselves, independent in spirit and governance, albeit financially dependent.

The popular view being force fed by the Liberal government Federally and a Provincial NDP government is that there is a 2nd “Nation” in this country. An ill-defined nation to be sure, no central authority, no common economic agenda or engine, old ways versus the new.

Non the less this “Nation” has indeed found a receptive audience in the current government and is grabbing for the ring of political acceptability and political empowerment, with ceaseless demands for increased financial resources and independence. It is demanding its own school system, its own policing and justice system, its own health care, its own social services, all to be run by a disparate range of communities.

A “nation” system made up of 634 different groups or “nations” speaking over than 50 different languages. Varied in language and cultural beliefs and spread throughout a massive geographic and often isolated area it is difficult to see a unified coherent and plausible plan.

As the years tick by this stew of government initiatives have been tendered, milked and prolonged by a legal and political community fuelled by the increasingly politically astute indigenous leadership.

Since 2000 there have been 21 cases involving indigenous rights and claims heard by the BC Supreme Court. There have been 9 cases since 1984 heard by the BC Court of Appeal, 14 cases heard by the Federal Court, and since 1970, 64 cases coming before the Supreme Court of Canada.

The result is layers of court systems all pronouncing their particular spin on what it all means. Supreme Court Constitutional decisions, common law precedents, treaties, Reserved land, “ceded” and “unceded” lands, Canadian law, Indigenous “laws”, hereditary chiefs, elected counsels, and Provincial declarations echoing United Nations Declarations.

The need for “reconciliation” spews forth at every turn, the beauty of the word “reconciliation” being is that it is infinite, there is no end. By very definition the issues can never be “reconciled.” The devil incarnate of course is “colonization”.

The movement has taken down statues, removed names from buildings, re-named Provincial and Federal Parks, and moved to ensure that any business done has to include a portion of the pie for them.

Some Indigenous are living in the most hideous squalid communities, living in poverty, poor education, no drinking water, and out of control birth rates. No hope of economic sustainment on one hand, while others are developing billion dollar city properties.

There are oil-rich Indigenous bands where the average income is $125,000 per year, and only 4% of the income comes from the Federal government, only because they are blessed by the good fortune of sitting on often barren lands but lands where there is black gold running under their feet. There are others that are almost 100% funded by the Federal government, defecating in buckets, no clean water, and no siding on their houses.

In this systemic chaos only the lawyers are winning. No one else.

It is all leading to darkening clouds and a possible storm of discontent on both sides of the two “Nations”. A low pressure system consisting of 96% of the population moving inexorably toward an Indigenous high pressure system made up of 4% of the population.

The latest example is now being played out near Houston, British Columbia. The Unist’ot’en and Wet’suwet’sen “nations” and their “hereditary chiefs” versus the rest. This latest collision to be where there is the proposed site of a natural gas pipeline to be built for a $6.6 billion by Coastal Gas Link. (The pipeline is to link to a $40 billion LNG export plant that is to be built in Kitimat, B.C.)

The NDP government of British Columbia with a straight face, state that they are both anti-pipeline and pro- pipeline. Hereditary chiefs disagree with elected counsels. Some bands are pro development seeing it as a financial windfall and the only hope out of abject poverty; others are just against it.

Last week a BC Supreme Court issued an injunction ordering that all obstacles to construction be removed. Pretty simple right?

The problem is that it was one Nation, going through their legal system, that obtained the injunction. The other Nation doesn’t recognize those laws.

Grand Chief Stewart Philip says that it is a very “complicated issue”. It’s complicated mainly because it is difficult for him to argue both for and against.

On the hereditary chief side you have reported comments like;

“It’s our territory. It’s not Canadian land. It is not the Queen’s. It’s not the RCMP’s. Its Wet’ suwet’sen land. “

The builders are “settlers on stolen land”, this is “environmental racism” all part of the “Canadian legacy of colonization”.

Immediately the BC Civil Liberties Association and the Union of BC Indian Chiefs jumped on the practised narrative, led by Grand Chief Stewart Philip who issued a statement saying: “A police exclusion zone smacks of outright racism and the colonial – era pass system sanctioned by the so-called rule of law, which our people survived for far too long”.

And in between these two nations is the politically correct RCMP. Their political masters want them to be gentle, do not offend at any cost. Their legal bosses are telling them to enforce the order and in the past, there was no hesitancy around a court ordered injunction. The Mounties traditionally and constitutionally were there to enforce the laws, not to interpret them.

But this is a different world now. This is the world of appeasement and the Mounties are going to find that they have no friends on either side.

The Mounties, god bless their souls are trying none the less, to be friends to those who can not countenance any meeting of the ways. They have asked the Indigenous protestors to meet and negotiate with the very same company that went to get the court order, the Coastal Gas Link group, who must think that they are is some sort of Twilight zone.

In the meantime the protestors have been cutting down trees and setting up their camp, while the Hereditary chiefs continue to say that the pipeline violates “Indigenous law and does not have consent”.

This is a fundamental collision. This is not going to go away.

It circles around aboriginal title which has been a decades long argument. What “title” or the “duty to confer” or “honour of the Crown” all means, with all its varied interpretations also includes such arguments as to whether treaty’s extinguished those title claims. Some even argue whether Indigenous groups in signing some of these treaties even understood them.

The countless cases which have been brought forward, have all circled around Section 35 of the Constitution Act of 1982 which proscribes to the protection of indigenous and treaty rights. Unfortunately, it didn’t define those rights, but none the less in 1995 the government began to adopt a policy of an “inherent right to self-government”, and the Penner Report to the House of Commons in 1983 spoke of this inherent right.

Adding to the legal and political confusion is the fact that the rights being claimed by the Indigenous do not come from an “external source”–they claim it is a result of Aboriginal people’s own occupation and relationship with their home territories as well as their own ongoing social structures and legal systems.

This would mean that in their view, they control and define aboriginal title.

Today, no political party, Provincial government or Federal government wants to be seen as decisive in terms of defining what these rights will be or how they would integrate with the rest of Canada in terms of self government.

The lawyers drone on in every level of courtroom. They are seemingly content in this ongoing lucrative dark hole of litigation.

The silent majority sit back and wonder where this is all leading. Is Canada prepared to have a separate entity operating within its borders, with its own laws and government, while at the same time supporting them through tax dollars. Are they prepared to let 4% determine what flows through economically to the other 96%. It seems unlikely, but there is no current political party asking that this central issue gets addressed definitively.

At some point the police are going to have to act in Houston. Every police officer involved will be left standing out in the field and roadway and it will an open hunting season for cries of violence and racism the minute they come within a few feet of the protestors.

The journalists stand by at the ready, camera rolling, salivating at the potential for filmed violence. ( the Canadian association of Journalists even jumped into the recent fray— arguing in court the fact that they were worried that the police could use the exclusion zone to prevent media from covering the RCMP enforcement of the injunction.) Maybe this is a sad conclusion but in this age of “breaking news” it is hard to dispute their intent.

None of this is new in terms of the RCMP being the potential fall guy. There have been many times in the past where the enforcement of an injunction has been violent and they have been pilloried for their abuse of power, rightly or wrongly.

The concern is that there is not a lot of confidence or recent evidence in the current RCMP management being behind their operational officers. Will they be supportive of the laws of Canada and the enforcement of those laws, or will they succumb to the un-written laws of a frenzied very vocal political “Nation”. After all it is a management group which has been genuflecting in front of the Indigenous cause in deference and in parallel with their political masters for the last several years.

We will see shortly. Time is running out in their “negotiations”.

A note to those uniform officers. Make sure those body cams are charged up and the audible is working. It may be the only friend you have in this instance.

Photo courtesy of Flickr Commons by Tony Webster

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

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