The Harper government changes to the review process for how judges are selected are disturbing. I don’t take too much exception to the fact the government of the day appoints members to the review committees and makes the ultimate selection and appointment of judges. I do get alarmed however about some aspects of the changes in the review and recommendation processes Harper has made.
Mulroney put this judicial appointment process in place years ago to reduce political interference. In fact when I started out as a young lawyer in 1974 the process of appointment to the Bench was entirely political…and pathetically so. That said, the lawyers who were the personal choices of the Prime Minister (or the Minister of Justice on occasion too) invariably became quality judges who fulfilled their roles independently, dispassionately and skillfully.
Even though the system “worked” it was inappropriately political and so these review committees came into being. They were designed to review applicants for judicial appointment, and to make some recommendations to the Prime Minister for appropriate appointment. This system has worked well and has been modified and adapted over the years. The ultimate political discretion in the appointment process has been retained by the Prime Minister, but the politics of the process was fettered significantly .
Not any more however. The Harper changes are most disturbing. The inclusion of police representation in the process is a concern. In fairness, the police ought not to be choosing judges. As one jurist put it, should there also be representation for accused and convicted citizens too? The Chief Justice of the Supreme Court has broken a tradition of official quiescence and recently wrote a letter to the Prime Minister expressing reservations over including the police in the judicial appointment review process.
Harper’s next moves were to shift the actual balance of power on the committees towards the political by adding another member from the government, now four instead of three. This puts eight committee members, half political appointees plus the police, to be “balanced” by four other representatives, from the local provincial government, the provincial Bar amd Law Society and the Judiciary.
Finally there is no sense of nuance when considering the complex process of determing capacity and suitability for appointment. The committee recommendation is simply determined to be "qualified or not." The original third category of recommendation, that of highly qualified is now gone. This leaves the Prime Minister more latitude in picking favourites because he would not have to ignore some others with higher qualification recommendations but not the right political slant.
The clear motivation here is to influence the kind of candidates who get recommended for appointment so they will more closely align with the conservative and ultra-conservative values of the Harper Cons and their so-con supporters. The judicial activism they decried while in opposition is now being institutionalized. The judicial activism they seek is the kind that is acceptable to them and reflects the dominant conservative social values of the Conservative Party of Canada.
This is dangerous stuff, especially for citizens. Some times our only protection from abuse by the state, its officials and agents, like the police, is the independent and indifferent judiciary. Just ask Maher Arar, or Steven Truscott, and Donald Marshall and so on, and so on, and so on. Ask yourself where would they be without an independent judiciary? The answer is rotting in a jail, somewhere while innocent.
This stuff may be seen as legal esoterica or just so much justice system mumbo jumbo to some people. It is not. It is fundamental to your freedoms and protections as citizens. The system works well, for the most part. When it breaks down, you only have the protection of an independent Bench and Bar to protect you as a person and as a citizen. If the Bench is biased you are screwed.
I do have a constructive suggestion to make for positive change of the system however. Prime Minister Harper, go back to the original system but make one significant change. The Prime Minister's personal appointees to these review committees ought to be brought before the appropriate Parliamentary Committee to be questioned and it should be televised. This way we can be assured about their values and views. We can have confidence in their capabilities and be satisified that they understand the roles and responsibilities of their undertaking.
Harper's Cons did that for a recent Supreme Court judicial appointee. I think the public has a right to know what kind of people are being appointed by the Prime Minister to review the applicants for the Bench too. It will tell us something about them and a lot more about the Prime Minister's personal judgement and his agenda too.
This move by Harper to re-politicize the system of review and recomendation for judicial appointment is the most dangerous and reckless thing he has done in the whole year he has been in office. I am now wondering if I need to start being more than merely politically skeptical and cynical about Harper and company.
I am wondering if I need to start to being afraid of the Harper Conservative government. They are clearly showing a wanton disregard and disrespect for proven processes that serve to protect my fundamental freedoms as a citizen.
UPDATE: EDMONTON JOURNAL EDITORIAL of Feb 14 express many of the same concners I have. It is worth a read.
Link Byfield gives a very articulate perspective on this issue as well. He obviously does not see this change as a manipulation and politicization of the process as much as I do. The key clarification I would make on Link's Commentary is the committee merely recommends a list of qualified judicial appointees. The PM makes the final decision from the list the committee recommends. Control the process, you control the list, and you control the outcome.
Tuesday, February 13, 2007
Monday, February 12, 2007
Harper Does a Muroney and Sets Out to Buy a Quebec Election
The Cons announcement of the Canada ecoTrust for Clean Air and Climate Change is coming out of part of the anticipated 2006-07 budget surplus and will be part of the March budget. Truth be told, it is another reinstated, rewrapped Liberal climate change program presented in a blue ribbon. It is based on political opportunism wrought by the standard shallow Con sense of whatever they can adopt from the old Liberal regime they cut, then imagine as their own and call it a new environmental policy of “Canada’s New Government.” (sic).
A total of $1.5B will be distributed on a per capita basis amongst the provinces. I wonder if they will use the old provincial population figures. That means Alberta gets screwed on the per capita formula (again) because the rapid population growth in the province in the past few years will not be accommodated in the old census numbers? That was an old Chrétien Liberal trick designed to short change Alberta.
The census people are even saying the numbers from 2006 are not accurate anyway. Is there any institution left in our society that has not screwed us around one way or another? Please Prime Minister, don’t pick up that policy chicanery of the Chrétien Liberals too. Please don’t let it be said that you are now screwing the west too!
So Harper is now sending $350,000,000 cold cash in Quebec to buy their loyalty but at least without the fraudulent subterfuge of the ad scammers. Harper is doing this cash timing scam straight up. It is a cynical attempt at purchasing Quebec support couched in an Orwellian label of an ecoTrust…soft on the eco and not worthy of the word “Trust.”
The money, we are told, is to come from the surplus of 2006-07, which is not yet known but is already spent. Prudent, Mr. Prime Minister, mighty prudent. Too bad the surplus doesn’t go against the national debt which is a smarter solution. As I recall Harper promised any interest saved as a result of debt pay down would mean lower taxes for all of us taxpayers.
NOPE – let’s not fritter the surplus amongst Canadians by lowering taxes as originally promised. Remember the day when Cons told us a government surplus was simply caused by over taxation? Will that promise of tax reduction simply have to wait? Let’s go buy us some Quebec votes instead. And how do you square that circle? It is the Mulroney years all over again, this time Harper style?
Different issue entirely we will be told…this program is necessary to respond to the top priority of Canadians. Refresh my memory, is that top priority the environment or to pay Quebecers immediately to get Prime Minister Charest re-elected? I am all in favour of re-electing Jean Charest - but do we have to do it this way? Do we have to buy Quebec again? Harper says this way we can avoid another referendum? I think it is a cynical playing of Quebecers for fools and ought to have the same backlash of Quebec sense of insult that Adscam did.
Let’s deal with the real issues of a distinct Quebec society honestly and openly and give them a real reason to feel included in Canada. This scam is just Harper submitting to the classic political extortion patterns of the past – and before it is even threatened this time. How prescient of you Prime Minister Harper.
Quebec was believed to have had a “price” for loyalty to the Confederation in Chrétien’s day. He wantonly and wilfully turned a blind eye and enabled Adscam as a result of that mistaken belief.
Harper is redoing the Mulroney pandering without the intrigue and insult of the CF18s fiasco. NOPE Harper is doing the very thing – pandering to Quebec for the purposes of power. That was the final straw that spawned the Reform party in the first place. Spare me. It is game show politics…the price has to be right?
The more things change, the more they remain the same.
Next posting! I feel the need to weigh in on “activitist political appointees” who are being chosen based on their partisan pedigree and being charged with the duty of picking an “independent” judiciary. Will they be activist enough to protect citizens from abuse by the state or intellectually lazy or inept legislators? This new committee to recommend judicial appointments is an exercise of pure political power and is of a scale to make one weep!
This development for me goes over the line, and confirms that the Harper Cons are not only not yet ready to govern with a majority in the next election…they are not fit to govern period in a modern progressive democracy.
A total of $1.5B will be distributed on a per capita basis amongst the provinces. I wonder if they will use the old provincial population figures. That means Alberta gets screwed on the per capita formula (again) because the rapid population growth in the province in the past few years will not be accommodated in the old census numbers? That was an old Chrétien Liberal trick designed to short change Alberta.
The census people are even saying the numbers from 2006 are not accurate anyway. Is there any institution left in our society that has not screwed us around one way or another? Please Prime Minister, don’t pick up that policy chicanery of the Chrétien Liberals too. Please don’t let it be said that you are now screwing the west too!
So Harper is now sending $350,000,000 cold cash in Quebec to buy their loyalty but at least without the fraudulent subterfuge of the ad scammers. Harper is doing this cash timing scam straight up. It is a cynical attempt at purchasing Quebec support couched in an Orwellian label of an ecoTrust…soft on the eco and not worthy of the word “Trust.”
The money, we are told, is to come from the surplus of 2006-07, which is not yet known but is already spent. Prudent, Mr. Prime Minister, mighty prudent. Too bad the surplus doesn’t go against the national debt which is a smarter solution. As I recall Harper promised any interest saved as a result of debt pay down would mean lower taxes for all of us taxpayers.
NOPE – let’s not fritter the surplus amongst Canadians by lowering taxes as originally promised. Remember the day when Cons told us a government surplus was simply caused by over taxation? Will that promise of tax reduction simply have to wait? Let’s go buy us some Quebec votes instead. And how do you square that circle? It is the Mulroney years all over again, this time Harper style?
Different issue entirely we will be told…this program is necessary to respond to the top priority of Canadians. Refresh my memory, is that top priority the environment or to pay Quebecers immediately to get Prime Minister Charest re-elected? I am all in favour of re-electing Jean Charest - but do we have to do it this way? Do we have to buy Quebec again? Harper says this way we can avoid another referendum? I think it is a cynical playing of Quebecers for fools and ought to have the same backlash of Quebec sense of insult that Adscam did.
Let’s deal with the real issues of a distinct Quebec society honestly and openly and give them a real reason to feel included in Canada. This scam is just Harper submitting to the classic political extortion patterns of the past – and before it is even threatened this time. How prescient of you Prime Minister Harper.
Quebec was believed to have had a “price” for loyalty to the Confederation in Chrétien’s day. He wantonly and wilfully turned a blind eye and enabled Adscam as a result of that mistaken belief.
Harper is redoing the Mulroney pandering without the intrigue and insult of the CF18s fiasco. NOPE Harper is doing the very thing – pandering to Quebec for the purposes of power. That was the final straw that spawned the Reform party in the first place. Spare me. It is game show politics…the price has to be right?
The more things change, the more they remain the same.
Next posting! I feel the need to weigh in on “activitist political appointees” who are being chosen based on their partisan pedigree and being charged with the duty of picking an “independent” judiciary. Will they be activist enough to protect citizens from abuse by the state or intellectually lazy or inept legislators? This new committee to recommend judicial appointments is an exercise of pure political power and is of a scale to make one weep!
This development for me goes over the line, and confirms that the Harper Cons are not only not yet ready to govern with a majority in the next election…they are not fit to govern period in a modern progressive democracy.
Dion or Harper - Who is the Greenest?
Angus Reid released a very interesting poll yesterday. Who is the greenest given “the heightened attention to environmental issues….” They conclude that “neither of the two major party leaders has effectively positioned himself as a champion of green causes.”
Dion (+31%) has a clear lead over Harper (+13%) in the answer to the question of “…who cares the most about the environment and global warming?” the really interesting stat on this question is a whopping 55% say neither (28%) or not sure (27%). The jury is clearly still out on which leader they think really cares enough…and enough is the acid test on this issue.
The fact that women are the most undecided or negative at 64% collectively is a key to future success. Every gender and age group is overall more negative or unsure of who is the leader who cares the most about the environment and global warming. The only exception is the 55+ age group where more are positive in their choice than negative. They favour Dion over Harper in a 34% to 20% difference but 25% say neither and 21% are unsure.
The climate change issue is going to be a ballot question if not the ballot question in the next federal election. It is seen as a serious threat to the world in the opinion of 73% of Canadians with Atlantic Canadians at the highest at 81% and Albertans the lowest but still a dominant 63%. Alberta is essentaily50/50 on if we need to set a domestic example or work on an international influence on changing behaviours of large emitters like China and the Americans. The rest of Canada is 2/3 in favour of cleaning up our own environment act first.
The way public policy forward is both carrots and sticks. Over 80% support government intervention to supply incentives for industry and subsidies to reduce public transit fares. The sticks are punitive measures with surcharges on SUVs and penalties for those who do not recycle.
Some will point out that these poll results show that Alberta appears to be out of line with the rest of the country. While that is true, it is mostly a matter of degree not where Alberta is on the actual positioning on the issues. All parts of the country are generally very similar in their opinions on “greeniness.” (I wanted to coin that word before Stephen Colbert did?)
The environment is the #1 issue with a bullet. Dion is the leader who is the most identified with it but he is far from really owning it. The trust and integrity aspects on who do we believe will do something and stay the course on this issue is a big part of the key to electoral victory.
Harper is hard on the environment redemption trail with his Eco-Trust announcement today. Will that redemption be granted by the voters or will they see reluctant opportunism based on a necessary political reaction to poll results. He was clearly a climate change denier. Now he has to prove he is "true green" and more than just a born again ecologist? Inquiring minds want to know!
Dion (+31%) has a clear lead over Harper (+13%) in the answer to the question of “…who cares the most about the environment and global warming?” the really interesting stat on this question is a whopping 55% say neither (28%) or not sure (27%). The jury is clearly still out on which leader they think really cares enough…and enough is the acid test on this issue.
The fact that women are the most undecided or negative at 64% collectively is a key to future success. Every gender and age group is overall more negative or unsure of who is the leader who cares the most about the environment and global warming. The only exception is the 55+ age group where more are positive in their choice than negative. They favour Dion over Harper in a 34% to 20% difference but 25% say neither and 21% are unsure.
The climate change issue is going to be a ballot question if not the ballot question in the next federal election. It is seen as a serious threat to the world in the opinion of 73% of Canadians with Atlantic Canadians at the highest at 81% and Albertans the lowest but still a dominant 63%. Alberta is essentaily50/50 on if we need to set a domestic example or work on an international influence on changing behaviours of large emitters like China and the Americans. The rest of Canada is 2/3 in favour of cleaning up our own environment act first.
The way public policy forward is both carrots and sticks. Over 80% support government intervention to supply incentives for industry and subsidies to reduce public transit fares. The sticks are punitive measures with surcharges on SUVs and penalties for those who do not recycle.
Some will point out that these poll results show that Alberta appears to be out of line with the rest of the country. While that is true, it is mostly a matter of degree not where Alberta is on the actual positioning on the issues. All parts of the country are generally very similar in their opinions on “greeniness.” (I wanted to coin that word before Stephen Colbert did?)
The environment is the #1 issue with a bullet. Dion is the leader who is the most identified with it but he is far from really owning it. The trust and integrity aspects on who do we believe will do something and stay the course on this issue is a big part of the key to electoral victory.
Harper is hard on the environment redemption trail with his Eco-Trust announcement today. Will that redemption be granted by the voters or will they see reluctant opportunism based on a necessary political reaction to poll results. He was clearly a climate change denier. Now he has to prove he is "true green" and more than just a born again ecologist? Inquiring minds want to know!
Leadership Report Card Poll Shows Harper is Growing into the Job
So some more poll results are out that are adding to the fact that the predominant mood out there is confusion. And these results just add to the confusion so far as I can tell.
The SES Research National Survey poll today based on1002 participants between Feb2-8 on the “Leadership Report Card.” notes that Stephen Harper has “significantly improved” his leadership image in the year plus a bit since he was elected. His trustworthiness is up 14 points to 35%, his competence rating is up 17 points to 41% and the impression of his vision for the country is up 14 points to 39%. Clearly Stephen Harper is showing signs of growing into the job of Prime Minister over the past year. The January 2006 comparative results had only 400 participants so the margin of error was higher.
The Layton numbers have to be sobering with a 7% decline in trustworthiness to 18%, a 4% decline in competence to 13% and a 2% decline to 16% for having an acceptable vision of the country.
The poll numbers on Dion and May are pretty meaningless in terms of personal assessments. This is because of the party leadership changes that happened in November and December. The polls is asking the same questions about a time frame that actually had other people in the party leadership and only having a few weeks to become known, including the Christmas period. When we ask about trustworthiness during a time of transition from a Martin/Dion and a Harris/May change in leadership, what is it people are actually saying in their replies? Who is it that they are really speaking about in terms of trust, competence and vision when they answer?
It appears that Harper is growing into the job and Layton is growing out of one. Not much else can be interpreted from this poll and lots can be speculated. Speculation has like to add to any real meaning and understanding.
The Angus Reid poll out today on “Harper and Dion Who is the Greenest?” has more insight into what is on the minds and what is meaningful to voters. I will do a separate post on this poll shortly.
The SES Research National Survey poll today based on1002 participants between Feb2-8 on the “Leadership Report Card.” notes that Stephen Harper has “significantly improved” his leadership image in the year plus a bit since he was elected. His trustworthiness is up 14 points to 35%, his competence rating is up 17 points to 41% and the impression of his vision for the country is up 14 points to 39%. Clearly Stephen Harper is showing signs of growing into the job of Prime Minister over the past year. The January 2006 comparative results had only 400 participants so the margin of error was higher.
The Layton numbers have to be sobering with a 7% decline in trustworthiness to 18%, a 4% decline in competence to 13% and a 2% decline to 16% for having an acceptable vision of the country.
The poll numbers on Dion and May are pretty meaningless in terms of personal assessments. This is because of the party leadership changes that happened in November and December. The polls is asking the same questions about a time frame that actually had other people in the party leadership and only having a few weeks to become known, including the Christmas period. When we ask about trustworthiness during a time of transition from a Martin/Dion and a Harris/May change in leadership, what is it people are actually saying in their replies? Who is it that they are really speaking about in terms of trust, competence and vision when they answer?
It appears that Harper is growing into the job and Layton is growing out of one. Not much else can be interpreted from this poll and lots can be speculated. Speculation has like to add to any real meaning and understanding.
The Angus Reid poll out today on “Harper and Dion Who is the Greenest?” has more insight into what is on the minds and what is meaningful to voters. I will do a separate post on this poll shortly.
Sunday, February 11, 2007
Harper and Charest Meet the Press Tomorrow!
I see Prime Minister Harper has announced on this Sunday afternoon that he is making an announcement at 10:30 EST tomorrow with Quebec's Prime Minister Jean Charest in Sherbrooke Quebec and then he is off to Trois-Rivieres to "deliver remarks" at 6 pm EST. That is all very elucidating don't you think?
Can’t imagine what all that fuss could possibly be about but it is "open to the media" so it must be of substance. (sic) The unspoken subtext will be the trade off deal has been made to cement an agreement Harper and Charest have come to on election timing in Quebec. Not doubt Harper wants Quebec to go to the polls first. That way he doesn’t have to make promises to Quebec in an earlier federal election that would alienate his base amongst Alberta Reformer/Alliance types and contain promises he would have to deliver on - and be held accountable for in a subsequent Quebec election.
It looks like even the serendipity is fully planned in advance in a Stephen Harper world. I smell a spring election at Harper's behest. He is engineering his defeat...even the Harper rhetoric is that the opposition "will have to account for all the unpassed Bills left on the order paper" if they bring down his government now. That reality sure did not stop him when he defeated Martin and forced a winter election. Lots of Bills of substance have been lost in the swirling winds of time when Harper saw the advantage and forced an election.
It could be the Budget and the debate on it that ticks off the opposition enough to bring down this government. NDP leader Layton is not getting much by way of "atta boys" trying to do to the Harper's budget that he did to Martin's so he is likely ready to pull the pin too. Only the Bloc is likely to be truly hesitant...but then who cares about that.
No inside information on this, I am just reading the entrails of the political rhetoric and the pandering that is going on. I am starting to smell an election.
Can’t imagine what all that fuss could possibly be about but it is "open to the media" so it must be of substance. (sic) The unspoken subtext will be the trade off deal has been made to cement an agreement Harper and Charest have come to on election timing in Quebec. Not doubt Harper wants Quebec to go to the polls first. That way he doesn’t have to make promises to Quebec in an earlier federal election that would alienate his base amongst Alberta Reformer/Alliance types and contain promises he would have to deliver on - and be held accountable for in a subsequent Quebec election.
It looks like even the serendipity is fully planned in advance in a Stephen Harper world. I smell a spring election at Harper's behest. He is engineering his defeat...even the Harper rhetoric is that the opposition "will have to account for all the unpassed Bills left on the order paper" if they bring down his government now. That reality sure did not stop him when he defeated Martin and forced a winter election. Lots of Bills of substance have been lost in the swirling winds of time when Harper saw the advantage and forced an election.
It could be the Budget and the debate on it that ticks off the opposition enough to bring down this government. NDP leader Layton is not getting much by way of "atta boys" trying to do to the Harper's budget that he did to Martin's so he is likely ready to pull the pin too. Only the Bloc is likely to be truly hesitant...but then who cares about that.
No inside information on this, I am just reading the entrails of the political rhetoric and the pandering that is going on. I am starting to smell an election.
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