Published Aug. 16, 2014, in the Ottawa Citizen.
LISPOP associates’ Jason Roy and Christopher Alcantara were mentioned in an article discussing how star power matters in Canadian politics. Full article can be found here.
Published Aug. 18, 2014, in the Waterloo Region Record.
Pollsters are forever serving up useless information. But sometimes they come up with findings that, while devoid of practical value, are sort of interesting nonetheless.
For example, polling companies report periodically on the number of people who believe that Elvis is still alive. Why they ask this, I don’t know, but they do. A few years ago, the number stood consistently at 12 per cent to 13 per cent of adult Americans. While more recent polls put the figure at “only” 8 per cent, it means that roughly 16 million (delusional) Americans believe the King is still with us. (For the record, Elvis left the building in August 1977, or so we are told.)
In the category of useless but marginally interesting information, I would put a new poll by the firm Angus Reid Global, which asked 1,502 Canadians to choose adjectives to express what they thought of a selection of national leaders. Not surprisingly, United States President Barack Obama, who always polls better north of the border than south of it, did very well. Forty-six per cent of Canadians said he was “influential,” 33 per cent chose “compassionate,” 32 per cent “inspiring.” 29 per cent “credible,” and so on. Unfortunately for the Democrats, Canadians can’t vote in the mid-term elections in November.
And how is Stephen Harper viewed by his own countrymen? Surprisingly (or perhaps not), he stands closer to Putin than to Obama. In terms of being “secretive,” he is right there with Putin, at 39 per cent to the Russian president’s 41. In terms of being “arrogant,” Harper trails Putin 37-54. Among other descriptions, Harper is seen as “dishonest” (31 per cent) and “boring” (26 per cent).
Who cares about any of this? Probably not Obama. Personal popularity is not a big concern when he is constitutionally precluded from seeking a third term. Certainly not Putin. He doesn’t need to court public support at home let alone among detractors like Canadians.
But Harper may care. His Conservatives face a federal general election in October 2015, and if Harper decides to seek a fourth term as prime minister, he will have to be concerned about the hardening negative perception that Canadians have of him and his leadership. According to the poll, positive impressions are much weaker than the negative ones. Only 19 per cent say they see him as a “strong” leader, 18 per cent say he is “influential,” 17 per cent “credible” and 13 per cent “honest.”
So here is the dilemma, if you happen to be Stephen Harper. By election time, you will have been Tory leader for 12 years; you will have fought four national elections (and won three of them); and you will have been prime minister for nine long years. The negatives revealed in the Angus Reid poll are not news to you. You have never gone out of your way to make yourself lovable, or even very interesting, to Canadians. Today your party trails so badly behind the Liberals that pundits are starting to speculate that the Conservatives could finish third behind both the Liberals and the NDP.
But if you want to win again, how do you persuade the public that its perception of you is wrong? How do you convince them that you are, in fact, what they believe you are not? How do you convince them that you are open, honest and compassionate? How do you, after all these years, compete with the freshness and vigour of a Justin Trudeau? Or can you bring yourself to you fold your tent and let your party move on without you?
In the end, maybe none of this matters. A poll is just a poll after all. This one may prove to be useless, but it is sort of interesting all the same.
Published Aug. 11, 2014, in the Waterloo Region Record.
Somewhere in Ottawa, unknown to the outside world, there is a black hole — a secret place where the government consigns toxic ideas, ideas that it dares not implement, yet cannot bring itself to kill.
The F-35 fighter jet is one such idea. The Harper government has been grappling with it ever since it took office in 2006. It has heard from experts that the super-sophisticated F-35 is not the right plane; that it does not suit Canada’s modest military requirements; that its single engine makes it too dangerous for patrols across the country’s vast distances; and that its humongous cost — $45 billion or more for 65 aircraft — puts it well beyond the reach of the budget-conscious Conservatives.
Somehow the F-35 has managed to survive on the government’s to-do list, never categorically endorsed, but also never firmly rejected. This June, it surfaced on the cabinet’s agenda for a decision. To his credit, the prime minister removed the item from the agenda, ostensibly to give ministers more time to weigh the implications. So the F-35 went back into that black hole.
Critics in the United States keep hammering away at the cost. The Pentagon plans to purchase 2,443 copies of the F-35 at an all-in cost (including operating costs over the lifetime of the aircraft) of something in excess of $1 trillion.
To the critics, it’s a question of spending priorities. Eliminate homelessness? The F-35 expenditure would be enough, one report calculated, to buy every homeless person in the United States a $664,000 house.
Food for the poor? If the money were directed to the U.S. National School Lunch Program, it would pay for nutritious lunches for all 55 million students enrolled in elementary school in country, not just next year, but for the next decade. Or to look at it another away, the money could fund UN peacekeeping operations at their current level for 46 years.
Logic and priorities aside, there is no chance that the United States will abandon the F-35 program. It is too far in to back out, having already spent $298 billion in taxpayer funds. What’s more, the F-35 is more than a weapons-acquisition program for Washington. It is a massive job-creation scheme, extending into almost every corner of the United States. It’s a huge pork barrel. Lockheed Martin, the manufacturer, has hired suppliers and subcontractors in no fewer than 45 states, meaning virtually every senator and congress person has a vested interest in keeping the aircraft program alive.
Like other countries that have been supporting the F-35, Canada’s aeronautical sector has a slice of the jobs. The slice would presumably grow if Canada proceeds with the purchase.
For a government focused on job creation and economic growth — and facing a general election next fall — those highly paid jobs are an important consideration. Against them, the Tories must weigh arguments that Canada doesn’t really need F-35s to do what they are meant to do — support ground forces in combat zones; that the requirements of continental defence could be better served by twin-engine aircraft; and that the obscene price of $45 billion or more would devour an inordinate share of the national budget.
The F-35 would be a hard sell on the hustings, which is why it may remain in the black hole for quite some time.
Published July 5, 2014, in the Waterloo Region Record.
When I first expressed my intent to run as a school board trustee, many people asked why I would want to take on a role that was essentially pointless.
I defended the board, believing the role of trustee to be far from pointless, but rather a platform from which I could improve the conditions for students in the classroom.
I did not expect all of my ideas to be acted upon, but I, perhaps naively, believed the board of trustees would operate similar to other boards I had served on in the past.
I assumed a strategic planning process would give me an opportunity to share my ideas and hear my fellow trustees thoughts. Then after discussion and deliberation, a plan would be approved that reflected the will of the board of trustees.
It did not take long for me to realize those cynics knew something I did not. At my first formal board meeting, the strategic direction was provided to us by the director of education. We did not even pass a motion to rubber stamp the direction.
Published Aug. 5, 2014, in the Waterloo Region Record.
Politics, as they say, is the art of the possible. What, one wonders, would happen if the Harper government applied that adage to the seemingly intractable issue of Senate reform?
We already know, courtesy of the Supreme Court of Canada, what is not possible. It is not possible to abolish the Senate without the unanimous consent of the provinces. The same unanimity requirement would surely pertain to any effort to redistribute Senate seats to reflect demographic reality — by taking from the East and giving to the West. Other reforms, involving the powers of the Senate, the direct election of senators or term limits for its members, would also require significant involvement of the provinces — if not unanimous agreement, at least the consent of seven provinces with 50 per cent of the population (the 7/50 rule).
Given this sad reality, the trick for Stephen Harper, if he is serious about Senate change, is to work around the constitutional straitjacket by implementing measures to make the upper house more democratic, more relevant, more useful and more productive — without wasting years arguing with the provincial governments. The measures are all within the realm of possibility, and within the power of the federal government, acting on its own.
First, eliminate party blocs within the Senate by abolishing the Conservative caucus as Justin Trudeau has already abolished the Liberal caucus. Freed of partisan shackles, senators would be able to debate legislation without party rhetoric and to make laws better before sending them back to the House of Commons. Isn’t that what the chamber of sober second thought is supposed to do?
Second, flush the patronage out of the Senate system by changing the method of appointment. Direct election (as for members of the Commons), would require a constitutional amendment, but Harper doesn’t have to go that far.
He could do two things without sacrificing his constitutional prerogative to name senators. First, he could encourage provinces to hold “consultative” elections of senators, as Alberta already does. But Harper would have to pledge to appoint whomever the electorate chose, even if the person were not a Tory. Alternatively, the prime minister could invite the premiers to choose the senators for their provinces.
For example, Ontario has 24 of the 105 Senate seats. Four Ontario seats are currently vacant. Harper could invite Kathleen Wynne to present four names and he would appoint them, no questions asked. She might choose four Liberals, or she might not. That wouldn’t matter. Once partisanship is eliminated from upper house, the party stripe of newcomers will be less important than their experience and other qualifications.
Informal groups of senators, feeling the pressure of public opinion, have been meeting secretly in recent weeks to discuss ways of fixing the upper house. (Why the secrecy, I have no idea.) One of their ideas, long overdue, is that their speaker be elected by the members (as the Commons speaker is), instead of being appointed by the prime minister. Another sensible idea is to abolish the daily question period. Now that the government leader in the Senate is no longer a member of the cabinet (a move Harper made to distance himself from the Senate expenses scandal), the question period is even more useless than it has historically been, because now there is no one to answer for the government.
A better idea, I submit, would be for senators to arrange for the prime minister to attend the Senate once a week to take questions for a half-hour or so.
None of these changes would revolutionize Parliament. But they would make the Senate more relevant without reopening the Constitution.
Published July 29, 2014, in the Waterloo Region Record.
Despite their obvious limitations and vulnerabilities, the one power the Palestinians have over the Israelis is the ability to embarrass them.
The wildly disproportionate civilian casualty rates have become the new media metric for evaluating military conflicts, except that here the public relations winner is the side with the greater losses. Just as we have seen with media election campaign coverage being overtaken by public opinion polls, the ability to put a number on the action seems to transcend any other analytical approach to covering the confrontation, such as underlying motivations, tactics and strategies.
The lopsided fatality figures coming out of the Israeli-Hamas confrontation in Gaza should be no surprise to anyone who can recall the data from previous conflicts in 2009 and 2012. The inescapable supposition is that Hamas undertook their rocketing campaign in full anticipation of enormous civilian casualties on their own side.
Published July 28, 2014, in the Waterloo Region Record.
If Stephen Harper lies awake nights, tossing and turning, the cause of his sleeplessness is probably not the impasse between Israel and Hamas or the territorial ambitions of Vladimir Putin in Ukraine. More likely, the cause is closer to home: in the ornate red chamber of the Senate of Canada.
The Senate is Harper’s great frustration. He can’t abolish it or reform it; the Supreme Court won’t let him unless the provinces buy in. And, despite packing the place with political supporters, he can’t control it, as the Senate expenses scandal makes clear.
The Conservatives’ fear now is that the Senate scandal — which stubbornly refuses to go away — will do to them what the sponsorship scandal did to another majority government, a Liberal one, a decade ago. Although the sponsorship scandal occurred on the watch of Jean Chrétien, it was his Liberal successor, Paul Martin, who paid the political price, losing his majority in the 2004 election, then going down to defeat to Harper’s Tories in 2006.
The second element is the involvement of the prime minister and his inner circle. A decade ago, Chrétien was able to argue that, although the sponsorship program was controlled by his office, he did not know — nor did he want to know — how funds were diverted into the hands of friends of the Liberal party. He had deniability, plausible if not entirely convincing.
Deniability cannot provide cover for Harper. He appointed the three senators at the heart of the scandal, Mike Duffy, Pamela Wallin and Patrick Brazeau. He chose them not because he wanted them to be fearless legislators. He knew, or should have known, that none of the three actually lived in the region they were supposed to represent. That didn’t matter (not until Duffy’s purported principal residence, a cottage on Prince Edward Island, became central to a $90,000 expense claim).
The PM chose them because he wanted them to go forth and preach the party gospel, raise money and win voters for the Conservatives. It was as cynical as it was unethical.
The party should have paid for travel and other expenses. Instead, many of those expenses got charged to the Senate, which either didn’t notice or care. The PMO didn’t care, either, until an independent audit picked up some of the abuses about four years after they began.
The coverup further distinguishes the Senate scandal from the sponsorship scandal. It was mounted at the highest level, and it has the prime minister’s fingerprints are all over it. Harper knew about Duffy’s expense problem, because the senator told him about it following a weekly caucus meeting. Moving into damage-control mode, senior officials of the Conservative party secretly went to work with the PMO to make Duffy’s problem go away; Harper was kept aware of this effort. In the end, Nigel Wright, Harper’s chief of staff, wrote a personal cheque for $90,000. But the problem didn’t go away. When CTV broke the news of Wright’s cheque, Harper fired his chief of staff.
Meanwhile, the three errant senators were kicked out of the Conservative caucus, then suspended without pay from the Senate. The Senate called in the RCMP to investigate Pamela Wallin’s expense claims. Auditor General Michael Ferguson is preparing a full report on Senate expenses. Mike Duffy is charged with 31 offences, including fraud and breach of trust. He proposes to call Harper as a defence witness if he goes on trial.
Sleepless on Sussex Drive? It’s not surprising.
Published July 24, 2014, in the Waterloo Region Record.
There has been substantial commentary about the implications of late June’s federal byelections on the next general election scheduled for Oct. 19, 2015.
One of the story lines raised by the media was which opposition party is most likely to challenge Stephen Harper’s Conservatives for the most parliamentary seats, and hence the ability to form a government. However, a fairly consistent pattern in public opinion polls has emerged over the past year putting the Liberals in first place since Justin Trudeau ascended to the party leadership.
Despite the New Democrats’ role as official Opposition, and NDP Leader Thomas Mulcair’s dominant role in question period, it appears as if more Canadians see the Liberals returning to their historic role as the natural alternative to the Conservative party.
The particular set of constituencies contested in the recent byelections is in no way representative of the nation at large. Three of the four are safe party sinecures. While Alberta might be changing somewhat from the solid Conservative fortress it has been, that is most likely occurring in urban areas, not rural seats such as Macleod or boom towns such as Fort McMurray.
Published July 21, 2014, in the Waterloo Region Record.
Let me begin with a confession. I have a soft spot for Mike Duffy. Not for the Conservative hack he chose to become, nor for the self-important senator (Old Duff) that he morphed into as he shilled for the party at fundraising events.
As a journalist, I cannot excuse the hatchet job he orchestrated on Liberal leader Stéphane Dion, an honourable man who struggled in English, near the end of the 2008 election campaign. A nasty, partisan job, it helped tip that election to Stephen Harper and secured Duffy’s appointment to the Senate.
The soft spot dates to an earlier time, when Duffy was a simple reporter in the Parliamentary Press Gallery who climbed the ladder by virtue of hard work, shrewd instincts and raw ambition. He was good. He got to know more key players on Parliament Hill than other reporters and, as a result, he broke more stories. He was the go-to reporter for many MPs.
Now the RCMP has charged him with no fewer than 31 criminal charges related to his Senate expense claims. The 31 charges amount to prosecutorial overreaching. The police undoubtedly hope to intimidate Duffy into pleading guilty to two or three of them, meanwhile demonstrating to their political masters and to the public at large that they have left no stone unturned in their investigation.
This is going to be a difficult prosecution for the police and government lawyers. Some of the charges are clearly redundant. Some are based on the quicksand of Senate expense rules, which tend to be vague and ill-enforced and which, over the years, have depended on an honour system among senators.
Duffy is accused of using his Senate expense account for personal travel and travel to political events on behalf of his party. Senators are not supposed to do that, but, if Duffy did, he wouldn’t be the first. These relatively small expense items account for 18 of the 31 changes.
The crux of the case is the residency issue. The Constitution and enabling legislation stipulate that senators be resident in the province they represent. That means they must own at least $4,000 worth of property in that province. The requirement is woefully outdated. These days, a parking space might satisfy the legal requirement.
Everyone, including Prime Minister Stephen Harper, knew when he appointed Duffy that he had lived in Ottawa for decades. But he owned a cottage in Prince Edward Island and that seemed to satisfy the residency requirement. Members from beyond the National Capital Region are permitted to claim accommodation expenses when in Ottawa on Senate business. Usually, that means a hotel room.
In Duffy’s case, he unwisely claimed expenses for his house in Ottawa. That claim passed inspection by the Senate for a few years, until an outside auditor raised a red flag. Duffy was ordered to repay $90,000. He didn’t have the money. To cut a complicated story short, that’s why Duffy arranged to accept the $90,000 from Nigel Wright, the PM’s chief of staff, who tried to protect Harper from further embarrassment by writing a personal cheque for Duffy.
Harper got angry. Wright lost his job. Duffy got suspended from the Senate. Now, among the 31 charges, he is accused of corruptly accepting a $90,000 bribe from Wright. But Wright is not accused of offering a bribe. Go figure.
Clearly, Mike Duffy is the author of his own misfortune. It’s a misfortune that makes him as much a victim as a villain.
Published July 17, 2014, in the Waterloo Region Record.
There perhaps has been no more fitting a metaphor over the years for the Palestinian resistance movement in general, and Hamas in particular, than the shahid, the suicide bomber.
While the tactics of suicide belts and bombing buses have been stymied by Israeli intelligence, and particularly the barrier separating West Bank Arabs from Israelis, the Hamas strategy has deviated little. Motivated by people who think the path to eternal paradise is dying in the pursuit of killing Israelis, they continue to follow the increasingly futile approach of placing Palestinians at risk in order to accomplish jihadist goals. Unable to achieve their goals by killing Israelis, they are now threatening to kill themselves.
Westerners who have difficulty fathoming this thinking are rightly appalled by the absurdly disproportionate casualties in Gaza and Israel from the seemingly endless barrage of rockets and missiles launched by the two sides. However, this is a part of the world where xenophobia and an obsession with lost honour prevail, and where compromise is derided.
Published July 14, 2014, in the Waterloo Region Record.
Stephen Harper has been prime minister since February 2006. They have been eventful years, but some day — if not next month or next year or a year or two after that — the Harper era will come to a close.
The prime minister may decide enough is enough and choose to retire while the cheers of his grateful party still resonate on Parliament Hill. Or he may lose an election (the next one is due in October 2015) and leave before he is pushed. Or he may stay too long and be pushed.
He may opt for a soft landing in boardroom Canada. Or he may do what other former leaders have done: lend their name to the letterhead of a big law firm to open doors for corporate clients — in other words, become a pricey lobbyist. Or he may hire a scribe to help him write his memoirs (and settle scores), as Jean Chrétien and Brian Mulroney have done and as Dalton McGuinty is doing now. Or Harper could hold his nose and appoint himself to the Senate of Canada, an institution that he may hold in low esteem, but which still pays a living wage with benefits and expenses.
Will they place him in the upper tier of prime ministers, with John A. Macdonald, Wilfrid Laurier, Mackenzie King and, perhaps, Robert Borden and Pierre Trudeau? Will they put him in the mid-range along with Mulroney (Airbus scandal aside) and Chrétien? Or will he find himself sharing the bottom shelf with the likes of John Diefenbaker?
His advocates will draw attention to his handling of the Canadian economy since the market meltdown of 2008. True, Canada weathered the storm better than most, and no Canadian banks collapsed, but how much of that survival was due to the wise stewardship of the Harper government and how much was due to laws and regulations put in place by previous administrations? That’s a question for the historians to ponder. They may note that the Canadian economy has not rebounded as quickly as the Americans’, that the country is still bleeding manufacturing jobs, and that the national unemployment rate remains unacceptably high. They may or may not be impressed by the various iterations of Harper’s “economic action plan.”
Their verdict of the Harper government’s performance on the world stage is likely to be more definitive. Canada lost more than a seat on the UN Security Council; on Harper’s watch, it has lost influence everywhere, most notably in the Middle East where, since the days of Lester Pearson, Canada had played a significant role. Foreign Minister John Baird’s hectoring tone is more irritating than effective. Harper’s little punch-up with Russia’s Vladimir Putin may be good politics domestically (although I doubt that), but it is silly and irrelevant internationally.
At home, historians may observe that the political atmosphere has changed for the worse on Harper’s watch. Confrontation has replaced co-operation on many fronts. This is a government that picks fights with the courts, the opposition and even the Senate. It no longer holds first ministers’ meetings with the provinces; Harper either doesn’t respect the premiers or want to share a national stage with them, or he doesn’t think he needs their support for most things he wants to do.
He tried to get away with disenfranchising thousands of voters with his ill-named Fair Elections Act. His administration thinks it can somehow make prostitution go away, no matter what the courts and the Charter may say. Sometimes his ministers seem more incompetent than arrogant. They can’t figure out how to bring competition to the wireless sector. They can’t organize a proper, open procedure for the purchase of new aircraft for the Royal Canadian Air Force.
Historians may be less than impressed.
Published July 7, 2014, in the Waterloo Region Record.
Federal byelections can be quite dramatic, harbingers of political upheaval to come. We saw that back in 1978 when the tired Liberal government of Pierre Trudeau, backed into a constitutional corner, was forced to call no fewer than 15 byelections, all held on Oct. 16 that year. The Liberals’ worst fears were realized as they took a beating everywhere, winning just two of the byelections, both in Quebec. Seven months later, the Grits were out of office and the Tories, under Joe Clark, were in (briefly).
In March 1989, Deborah Grey won a byelection in the Alberta riding of Beaver River. Her victory, by a wide margin over a Progressive Conservative, signalled the arrival of the Reform party and the beginning of the disintegration of the Tory base on the Prairies. Seventeen months later, in August 1990, a Quebec union organizer, Gilles Duceppe, captured Laurier-Sainte Marie in a byelection. He ran as an independent because he did not yet have a party to belong. But that party, the Bloc Québécois, was soon created by defectors from the Liberals and Tories; in 1997, it became the official opposition in Ottawa.
But more happened last week than met the casual eye. The exceptionally low turnout masked some revealing movement. The Liberals gained strength everywhere while the Conservatives lost vote share, even in the two Alberta seats that they won. The Liberals took an aggregate average of 21 per cent of the vote in the four ridings in the 2011 general election. In last week’s byelections, they averaged 41 per cent. The Tories, meanwhile, collected an average of 38 per cent in the byelections, down from 50 per cent in 2011.
The NDP’s share dropped from 24 per cent to 15, while the Green party held steady at 4 per cent.
It would be foolish to read too much significance into the byelections. The results, however, do reflect the same trends as the national polls. The Liberals retain the momentum that has kept them in first place in the polls since Justin Trudeau became leader 14 months ago. Conservative support is stagnant, at best. Some cracks are appearing in their base, even Fortress Alberta.
Their negative attacks on Trudeau’s maturity and ability have done the Tories no good and may have hurt their cause.
For the New Democrats, the 103 seats and official opposition status they won under the late Jack Layton, is as good as it will probably get. Despite the stellar parliamentary leadership of Thomas Mulcair, they seem destined to slip back to their accustomed third place, as the 60-odd per cent of Canadians who reject Stephen Harper’s Conservatives mostly choose the Liberals over the New Democrats as their default government. For Elizabeth May and her Greens, the numbers suggest more of the same — a fringe party clinging to one or two seats in Parliament.
There is nothing at this stage to indicate that any party has enough support, or momentum, to elect a majority government. Anything can happen between now and October 2015 when the next election is scheduled, but as matters stand, a minority government is a real possibility.
For Justin Trudeau, a minority Liberal government would be a huge breakthrough and a personal vindication. A minority Conservative government would be, for Trudeau, a smaller breakthrough, but a victory nonetheless — and an opportunity to continue to build. For Harper, reduction to a minority would signal the end of the road after nine years as prime minister.
The National Post today (Wednesday July 2) printed my op ed on the impact of the recent SCC decision on Aboriginal title. They haven’t posted a copy on the website yet and I’m not sure they will (the Canada Day holiday has played some havoc with the publishing schedule!).
So, just in case they don’t publish it online at some point, below is the raw, un-copyedited version of the op ed. I hope my much more legally-informed and inclined colleagues (I’m looking at you guys, Macfarlane and Baker!) will tell me whether I’m right or wrong?
Of all of the dispute resolution mechanisms available to Indigenous peoples and the Crown in Canada, the judicial system is probably the worst of the lot. Rarely do judicial decisions create harmony and compromise between two parties. Instead, they frequently produce winners and losers and all of the negative feelings that come with being labeled as such.
Canadian judges have long been aware of this fact, which partly explains why it took them so long to clarify the exact nature of Aboriginal title in this country. Previous to this decision, Canadian courts had urged Aboriginal and non-Aboriginal leaders to negotiate their disputes rather than litigate them. This recent decision, however, dramatically changes this long-standing message from the bench, with potentially dire and unintended consequences.
One of the key mechanisms for addressing the Aboriginal land question in Canada has been the treaty process. Although far from perfect, Aboriginal groups have been working with the Crown to negotiate comprehensive land claims agreements to facilitate economic development and empower their communities to exercise their autonomy within the broad legal framework of Canada. Remember that the Supreme Court had previously refused to clearly spell out the nature of Aboriginal title, and so it made sense for Aboriginal groups to negotiate with the Crown.
This new decision, however, radically changes the incentives facing Indigenous people. Now, we are likely to see Indigenous groups across Canada abandon negotiations in favour of simply asserting their title and sovereignty to all their lands. Why bother negotiating a modern treaty, which involves giving up Aboriginal title in exchange for a mixed bag of ownership rights to a much smaller portion of Aboriginal lands, when you can exercise something akin to fee simple ownership over all of your traditional lands right away and without the time and expense of negotiating a treaty?
If Aboriginal groups choose this path, then the Crown will have to decide how to react. Will it radically reform the treaty process to bring Aboriginal groups back to the table? Or will it seek confrontation by pushing the “compelling and substantial public purpose” angle to push development forward despite Aboriginal opposition? Given the track record of this federal government, I think the latter strategy is more likely and Canadians should brace themselves for years of protests and confrontations.
A second unintended consequence of this decision, and one that I think is just as important as the others, is that it potentially empowers individual Indigenous citizens to hold not only the government of Canada accountable for its actions, but their Aboriginal leaders as well. Aboriginal title now means something akin to fee simple rights, and which is collectively held by the Aboriginal community. This also means, among other things, that Aboriginal groups may also face potentially powerful restrictions on how they can use their lands now and in the future. According to the Supreme Court, lands held under Aboriginal title cannot be used in such a way as to threaten their future use by future generations.
What this means in practice is that even if an Aboriginal government grants its consent to a major economic development project, an individual band member could successfully sue to prevent that development from occurring on the basis that the project threatened the future use of the community’s lands.
It is also possible that band members might use this new definition of Aboriginal title to thwart other land use projects besides resource extraction, such as building casinos and even housing subdivisions. A band member might successfully argue that building a multimillion dollar casino will prevent future band members from using that particular plot of land for traditional cultural practices, like hunting and fishing.
There’s no question that this decision is a “game changer.” What’s unclear is exactly how the game has been changed and for whom.
Christopher Alcantara is an associate professor of political science at Wilfrid Laurier University. His latest book, Negotiating the Deal: Comprehensive Land Claims Agreements in Canada, was published last year by University of Toronto Press and was a finalist for this year’s Donald Smiley Prize.
Published June 30, 2014, in the Waterloo Region Record.
“Canada does not need fighter aircraft! Buying them would waste upward of $45-billion.” – C.R. (Buzz) Nixon, former deputy minister of national defence, letter to the Globe and Mail, June 27, 2014.
Someone in the addled world of Ottawa should pay heed to Buzz Nixon. He knows whereof he speaks, having been the deputy defence minister the last time the government went shopping for fighter aircraft. It was on Nixon’s watch that the government of the day (Trudeau Liberal) decided in 1977 that it had to replace Canada’s aging war planes — the single-engine CF-104 Starfighter, based in Europe with NATO (and known among pilots, unfondly, as “The Widowmaker”) and the twin-engine CF-101 Voodoo, based in Canada and assigned to continental defence under the NORAD umbrella.
The policy-makers of Nixon’s day wanted several things. They wanted one aircraft to replace both the Starfighter and the Voodoo; that would help to keep the price and operating costs down. They wanted an off-the-shelf model with proven capability. They wanted an aircraft with two engines for the sake of reliability and pilot safety on long-distance patrols across the North and over the oceans off our coasts.
Fast forward a generation. The CF-18, which proved to be an excellent choice, is nearing the end of its service life. Since it came to office in 2006, the Harper government has been stewing over a replacement.
It doesn’t know what it wants. Not having a thought-out defence policy, it doesn’t know what sort of military aircraft Canada may need for the future. It doesn’t even know, as Buzz Nixon suggests, whether Canada needs fighter aircraft at all.
Common sense suggests that the policy come first, then a determination of the need — if any — for fighter aircraft, then a competition be held to select the aircraft that would best serve the policy objectives. Not knowing their own mind, the Harper Conservatives listened to all the vested interests who whispered (or shouted) into their ear that Canada not only needed new fighter aircraft, but it needed the most sophisticated and expensive warplane in history.
That would be the F-35 Lightning, a single-engine stealth fighter by Lockheed Martin in the United States. It was the choice of the U.S. administration and of what former president Dwight Eisenhower once denounced as the powerful “military-industrial complex” in that in country, which also operates as a potent lobby in Canada.
The Harper government listened and agreed to buy 65 F-35s for a price that it told Canadians would be $16 billion. There were two problems. At the time, the F-35 did not yet exist; the evolution from artist’s concept to fighting machine would be fraught with delays, production problems, performance issues — and wild price inflation (to $45 billion in Buzz Nixon’s informed estimate).
Two years ago, the Tories ordered a review of its F-35 commitment. That review apparently led right back to the F-35, without any competition to confirm the wisdom of the choice. It was reported last week, however, that the prime minister has removed the fighter aircraft decision from the cabinet agenda in order to give ministers more time to digest information and to think about it.
Theirs could be a watershed decision for the country, especially if they address two fundamental questions. First, does Canada really need fighter aircraft? Second, aren’t there much better uses for $45 billion?
Published June 26, 2014, in the Waterloo Region Record.
Probably the only positive implication of the rapid expansion of Sunni Jihadist territorial gains in western Iraq is that it provides an opportunity for everyone to be correct in casting responsibility for the mess on somebody else.
In truth, everyone is to blame, from the English and French governments that drafted the Sykes-Picot agreement in 1916; to the tyrannical Baathist regime of Saddam Hussein; to the George W. Bush administration that overthrew him; to the Barack Obama administration that removed U.S. troops; to the current government of Nouri al-Maliki that has cut out non-Shia involvement; to the Iranians, Saudis and Qataris who have poured in resources to support their co-religionists at the expense of others; to the Europeans who happily ignored the problem and blamed others.
Just as there is nobody free of blame, there is no correct policy to pursue. Whatever strategy is followed is fraught with peril, will likely be unsuccessful, and will undoubtedly further antagonize various of the combatants.