Final Words - Frustrated and Disheartened

Stephen Harper is the schoolyard bully who picks on the smaller kids and when they join together to fight back he cries – that's not fair you're only allowed to fight me one at a time. And the Canadian schoolyard is cheering him on.


Is My Country Gone

In all the years I have watched Canadian politics I have never seen anything like this and I have been watching Canadian politics for fifty years. When I was in high school I had the daily Hansard delivered to my home and read them everyday. After that I earned my degree in Political Science and spent over thirty years working for the House of Commons, reading, analyzing and indexing the House of Commons Debates.

The first election I took an interest in was when I was eight years old cheering for John Diefenbaker. I think I can be forgiven for cheering for a Tory due to my young age, but Diefenbaker captured the imagination of all Canadians. John Diefenbaker was a Parliamentarian and truly a House of Commons man. He must be rolling over in his grave as his successor as Tory leader colludes with the Governor General to overrule the will of the House of Commons.

The last ime I had to write about something like this was almost 40 years ago when Pierre Trudeau suspended the civil liberties of all Canadians. But at least Trudeau had the support of a majority of the House of Commons, with the notable exception of .Tommy Douglas and the New Democratic Party. Today it is Stephen Harper suspending the democratic rights of all Canadians. How ironic that Harper is following in the footsteps of his arch rival.

This is not to say that there are not precedents for what Harper is doing, just not in Canada.

1629 King Charles I in England
1799 Napoleon in France
1913: Victoriano Huerta in Mexico
1933: Adolf Hitler in Germany
1936 Fransisco Franco in Spain
1939: Benito Mussolini in Italy
1973: Augusto Pinochet in Chile
1975 Indira Gandhi in India
1999 Perez Musharaff in Pakistan
2008: Stephen Harper in Canada

Is the Governor General to Blame

I am reluctant to blame Governor General Michaëlle Jean for acceding to Stephen Harper's request for fear of stirring up Republican sentiments and because we do not know what lies Stephen Harper told her or what threats he may have made.

But we do know she has acted in a manner that no representative of the Queen should, by explicitly going against the clearly expressed wishes of a majority of the democratically elected House of Commons. And she did that to allow the government to avoid it's constitutional accountability to the House of Commons, by avoiding a vote of confidence. And she did that on the advice of an illegitimate Prime Minister whom she knew had lost the confidence of the House of Commons.

This must not be allowed to happen again. To deal with the specific prorogation decision the House of Commons Act should be amended to prevent the Prime Minister from requesting a prorogation longer than a week so that prorogation is only used to end a session to allow a government to introduce a new Throne Speech, and not used to shut down Parliament. To deal with the larger issue of the Governor General's constitutional decision making powers, I agree with other bloggers' advice, that this power be delegated to the Chief Justice of the Supreme Court who is truly independent and knowledgeable and experienced with ruling on matters of constitutional law.

Stephen Harper is to Blame For This Political Crisis

Stephen Harper ignored the fact that he had a majority in his first term and, with the collusion of the Liberals, governed as if he had a majority. Then he broke his own fixed election dates law, with the collusion of the Governor General, to attempt to win a majority. He then failed, attempted to ignore his minority status again, and when the democratically elected majority in the House of Commons calls him on it and is about to defeat him and present a democratically elected alternative coalition government, he shuts down Parliament, again with the collusion of the Governor General.

He engages in a campaign of lies, that even CBC commentators have to inform their viewers of the truth every time he speaks. He goes as far as to question the legitimacy of democratically elected Members of Parliament from Quebec and uses rhetoric best designed to create a national unity crisis. Indeed he uses rhetoric that experts and commentators believe will increase support for the Part Québecois in the Quebec election.

And for this his public support increases. And I cry for my Canada.

Stephen Harper's Lies and the Truth About Parliamentary Democracy and the Coalition

Stephen Harper would like to believe that he was elected all powerful President of Canada and he would like us to believe that somehow the people of Canada voted for him to be Prime Minister. The only people who voted for Stephen Harper where the residents of Calgary Southwest. The rest of us voted for individual Members of Parliament just as the residents of Calgary Southwest did.

Yes, we voted knowing that if the Conservative Party won a majority of seats Stephen Harper would become Prime Minister and if the Conservatives won the most seats but not a majority, he would be given the first opportunity to form a government and seek the confidence of the House of Commons.

But the most basic principle of Parliamentary Democracy is that the government is responsible to the legislature and can only govern while it retains the confidence of the legislature. The normal constitutional practice when a government loses the confidence of the legislature depends on how long the government has been in power. If it is late in the term of the government an election is usually called. If it is early in the term of the government the opposition is usually given an opportunity to form a government and seek the confidence of the legislature.

Stephen Harper and his Tory talking points repeat over and over again the lie that the Bloc Québecois is part of the Progressive Coalition. That is a blatant lie. The coalition is made up of the Liberal Party and the New Democratic Party. As to the claim that the Bloc Québecois has a veto over coalition policies. That is also an outright lie. The Bloc is committed to voting with the coalition on all matters of confidence. While it does reserve the right to vote against the coalition on other issues it would require the support of the Tories for them to block any coalition legislation. The only way the Bloc could block any coalition legislation is with the “collusion” of the Tories. And Tories never vote with separatists. Well unless it is to get their budget passed.

The Conservatives argue that we should not change Prime Ministers without an election. That might be true if we elected Prime Ministers, but we do not. Take the case of Kim Campbell who became Prime Minister between elections. On June 13, 1993, Kim Campbell was elected leader of the Progressive Conservative Party. As the leader of the party in power in the House of Commons, Kim Campbell automatically became Prime Minister. That is how Parliamentary Democracy works.

The Conservatives argue that only the party with the most seats should be allowed to form a government. What would they say if the seats won by the four federalist parties were more evenly divided leading to the Bloc Québecois having the most seats. Would Stephen Harper and the Tories argue that the federalist parties should not be allowed to form a coalition. I think not.

Where Do We Go From Here

The Tories talking points are reminiscent of their policy approach of simple solutions to complicated questions – inflamed rhetoric and outright lies instead of fact and logic. Add a massive establishment media propaganda campaign to the mix and a large number of people are falling for it.

But Harper may have outsmarted himself. His campaign may be at its peak the day before the scheduled non-confidence vote would have taken place. Though Harper is hoping the “time-out” will give the Progressive Coalition time to fall apart, I believe he misjudges the coalition. It looks like prorogation will actually give the coalition time to replace Stéphane Dion, who, while he may be a competent leader, is clearly a poor communicator. And more importantly it will give the coalition time to educate the public about the real threat to democracy posed by Stephen Harper and his actions.

As to the replacement of Dion as Progressive Coalition leader, there is a way to avoid circumventing the democratic Liberal Party leadership process. Let the coalition caucus select a leader for the coalition. It need not be either coalition party leader, or it may turn out to be one of them. The chosen coalition leader could serve till the coalition government ends, or be revisited after the Liberals select a new leader.

What we have learned most from this crisis is that Stephen Harper will do anything to cling to power and anything to stop the democratically elected Progressive Coalition from taking power.

The bully must not be rewarded. The coalition must not allow the Conservative government to continue with Harper as Prime Minister. The only way the Conservative government should be allowed to continue is if they replace Harper as Prime Minister and present a budget that meets the real needs of the Canadian people.

If that does not happen and the government is defeated Harper will then undoubtedly request a new election, and if the Governor General accedes to the request of her illegitimate Prime Minister, who lacks the confidence of the House of Commons, we will be into an election campaign.

If that happens I would propose an electoral accord between the Progressive Coalition partners, The Liberal Party and the New Democratic Party, as well as the Green Party. The Bloc Québecois would not be part of this electoral accord because it is important that Quebeckers have a federalist alternative to the Tories. The Electoral Accord partners would run the candidate best able to defeat the Conservative candidate in each constituency based on historical and other factors agreeable to all parties.

Proportional Representation is the Real Solution

But the real long term solution to to Canada's electoral problems is to adopt an electoral process that allows every vote to count and elects a House of Commons that truly represents the will of the Canadian people. If such a system had been in place during the last election we would now have a ”coalition we deserved”, where the seats held by each party would have reflected their portion of the popular vote. Such a system would give us a government that most of the public are demanding now, one where the House of Commons must work together for the good of all Canadians.

Postscript

The irony of all ironies would be if the Conservative budget was opposed by the Liberal Party and the New Democratic Party but passed with the support of the Bloc Québecois. Would Stephen Harper resign because a government requiring the support of the evil separatists is illegitimate. I think not.

Jack Laytons Finest Hour

Jack Layton being Prime Ministerial in front to the House of Commons Chamber. How
appropriate.

Read it here

Watch it here If you get an error message at the start close it and hit play

RANTS

Well I have just learned that I am going to have to spend 10 minutes of my life this evening listening to Stephen harper spout lies and garbage. But it is my duty as a blogger to keep informed and this will provide a chance for the Progressive Coalition to respond to the government's disinformation and propaganda campaign.

My rant follows, but first of all, Thank You Rick Mercer:



Perhaps this will go a long way in counteracting the Tory propaganda campaign of lies.

This is a time for Parliament to work together for the good of the country, not a time for the Prime Minister to use lies and deception to try and divide the country to rescue himself from his own political failure.

And thank you Ed Broadbent for calling the Prime Minister on his disgraceful attempt to create a climate of fear and disunity through lies and deception. It is refreshing to hear the truth from one of our country's real Elder Statesmen (not that I'm trying to call Ed old).

If only Canada's premier constitutional expert, Eugene Forsey was alive to explain the truth about the constitutional validity of the coalition. However when you look beyond the hand-picked so-called experts the media have chosen and ask real constitutional experts you will see that there is a consensus that the coalition building process that we are going through is Parliamentary democracy working exactly the way it is supposed to.

But I must say that I am extremely frustrated by the success of the Tories talking points and campaign of lies and deception. Clearly the Canadian people do not understand how a Parliamentary democracy works. I am even more frustrated by the ignorance shown by people who call themselves “Progressive Bloggers”.

But it is not surprising that the Tory campaign is working – it is based on emotion and the people are likely to be much more responsive to that than to our attempts to lecture them on Political Science. Perhaps this is where Rick's Rant will be successful where we are not. But we should not be deterred from dealing with the facts. Democracy is about freedom and the truth shall make us free.

Our European friends must be watching in amusement as we turn a normal part of Parliamentary democracy into a political crisis.

But indeed, it is not as if the constitutiona precedents, such as
this one are not there.

Read more from York University professor James Laxer, here and here.

As to the claim the opposition parties are doing this for political reasons – what political benefit do they have to gain. All the Liberals had to do to ensure they would again replace the Tories as the natural governing party is to let the Conservatives ignore the economic situation and continue to lead the country into hell in a hand basket. Just ask Bob Rae about the political benefits of taking over government just as the county is going into recession. The only reason for the coalition partners to take this political risk is to save the country from the mismanagement and ineptitude of the current government. Actually if only it was just that - what is much worse at this time of economic crisis is the government putting their own political benefit and survival above the concerns and needs of the Canadian people.

As to the claim that the Bloc Québecois has a veto over coalition policies. That is an outright lie. The Bloc is committed to voting with the coalition on all matters of confidence. While it does reserve the right to vote against the coalition on other issues it would require the support of the Tories for them to block any coalition legislation. The only way the Bloc could block any coalition legislation is with the “collusion” of the Tories. And Tories never vote with separatists. Well unless it is to get their budget passed.

And as to the most blatant lie of them all.

Democracy Links
Perhaps they could have avoided this it they had acted co-operatively from the start, but as I said before, it is too late for a Do Over.

While this whole situation is very frustrating, because so many Canadians have been taken in by the deceitful Tory propaganda campaign, when all is done I have no doubt that the Governor General will examine the facts and constitutional precedents and power will pass peacefully to the Progressive Coalition in accordance with the principles of Parliamentary democracy.

What Should Michaëlle Jean Do

The Governor General's duties are mostly ceremonial but she also has constitutional responsibilities, including ensuring there is always a Prime Minister.

I believe that the Governor General should not override the wishes of an elected government unless it is attempting to subvert the Constitution or the will of the House of Commons.

In the current political situation it is very clear that the government of the day is attempting to subvert the will of the majority of the House of Commons and the response of the Governor General should be to protect democracy.

The Truth About Parliamentary Democracy – Majority Rule

Since some people seem to be having trouble understanding how Parliamentary democracy works, let me explain it for them.

In our Parliamentary system we do not directly elect the Prime Minister and government but they are determined by the composition of the House of Commons. The only people who voted for Stephen Harper were the voters in his constituency and they voted for him as a Member of Parliament, not as Prime Minister.

The main principle of our Parliamentary system is that it is based on majority rule. The democratic legitimacy of a government is based on the fact that it has the support, or confidence, of the majority of the Members of the House of Commons. The main principle of our democracy is not “party with the most seats” rule but “majority” rule. Let us repeat that – majority rule.

Currently in Canada it appears that the Conservative government is about to lose the confidence of a majority of the Members of the House of Commons and a Progressive Coalition is going to be formed that will have the confidence of a majority of the Members of the House of Commons.

That is how our democratic process is supposed to work – by majority rule.

Prorogation – Government Wants A Do Over

Special Sunday Fifth Column

At first I thought all this talk about prorogation was a simple misunderstanding of terms and that people were talking about the government recessing the House until after Christmas, but now I am not sure.

A prorogation would mean the end of the session before it even started. The Economic and Fiscal Statement would die on the Order Paper and there would be a new Throne Speech when Parliament resumes.

It would be as if the Tories admitted they screwed things up so bad they needed a do over. It might be a good thing but I cannot see them admitting that.

Anyway, it is too late for a do over. Bring on the Progressive Coalition !

Conservatives Running Scared, Confused or What

Special Saturday Fifth Column

With a confidence vote scheduled for Monday and the opposition parties scrambling to put together a coalition, the best thing Stephen Harper can come up with as a response is to give them more time to get their act together.

Indeed, it is too late to send all the Tories to their rooms to write out lines, "We did not get a majority, we should not try to govern as if we had a majority", "We did not get a majority, we should not try to govern as if we had a majority","We did not get a majority, we should not try to govern as if we had a majority", ... until it sinks in.

Baring some Tory-like incompetence on the part of the opposition parties there is little that can be done now to stop the inevitable.

While my preference is for a progressive coalition if I was to give Stephen Harper any advice on how to prevent the inevitable it would be to propose a grand coalition of all parties to deal with the economic situation, a national unity government of sorts. Of course that would require the Tories to accept that they do not have the god given right to govern as if they have a majority, while they have neither a majority of seats nor a majority of votes.

Bring on the Progressive Coalition !

Canadians Deserve The Government They Voted For

The Conservatives clearly do not have the confidence of the majority of the Members of the House of Commons. The Canadian people deserve the government they voted for and there is no constitutional reason for them not to have it. Now is the time !

I Hate Hate But I Love Freedom of Speech

This is the challenge facing many Canadians. It involves getting our priorities right. But it is not as difficult a challenge as it seems. Once one realizes that the best way to fight hate is with free speech the choice becomes obvious.

Freedom of thought is the freedom to be who you are, and freedom of thought is meaningless if you cannot express your thoughts, Freedom of expression is the freedom to be yourself. And if you are a bigot or a racist, all the better that others know it. Hate is most effective and at its evilest when it is underground.

This issue was recently addressed by University of Windsor professor Richard Moon in his report on Section 13 of the Canadian Human Rights Act.

The CBC reports:

"My principal recommendation, in the end, has been for the repeal of Section 13," Moon told CBC News on Monday. "That does not mean that we no longer have hate speech regulation. What it means is that the Criminal Code of Canada, which has a ban on the wilful promotion of hatred, would be the recourse."

In his report, which was made public Monday, Moon also suggests that the application of the Criminal Code provision should also be limited. He says it should only be applied in cases where the speech "explicitly or implicitly threatens, justifies or advocates violence against the members of an identifiable group."

The report, indeed, recommends that only “speech” that advocates harm would be illegal and it would have to be proven “beyond a reasonable doubt” in a court of law.

This is a Canadian compromise that may not go as far as United States First Amendment Rights but balances the rights of those who want to exercise their free speech with the rights of those that may be harmed by it.

Reid on Saul on Riel on Canada

Sometimes somebody else says it better than you ever could. This is one of those times.

From: “A perfectly incompatible country” by Jennifer Reid, Ottawa Citizen, November 22, 2008

John Ralston Saul suggests in his recent book, A Fair Country, that Canada is a Métis state. I like this argument, though it differs from mine. Where Mr. Saul and I diverge is in our view of what it means to be a country founded on cultural hybridity. He finds a distinct trajectory in Canadian history linking contemporary political values, such as cultural co-operation, with aboriginal precursors. I, on the other hand, find within our Riel myths an ongoing story about collective identity grounded in the destructive polarities that have too often made cultural co-operation impossible.

It may well be our self-consciousness about these incompatibilities that has kept us together. We know that national unity and cultural homogeneity (the supposed benchmarks of the modern nation-state) are impossible. It's that self-consciousness that makes us distinctive and, perhaps, gives us a reason to stay together.

There is something radical about Canada, about the way in which multiple ethnicities, regionalisms, and self-designated nations have been formally integrated into a single geopolitical structure that has managed to survive. It is a community that has been able, thus far, to withstand the basic dichotomies of ethnicity, religion, region, and language that are the foundation -- and the stumbling block -- of all modern western states.

Riel, both the man and the myth, speaks to this radical character. He shows us what makes us distinct in this culturally tangled world of the 21st century.