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Frontier Centre for Public Policy

Trump’s trial defines justice in disrepute – A Canadian perspective

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From the Frontier Centre for Public Policy

By Colin Alexander

Canada and the US both have a problem with rogue judges

Whatever one thinks of former President Donald Trump, his criminal trial violates the jurisprudence established  by England’s Lord Chief Justice Hewart: “It is… of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Judges too often preside over cases despite having a conflict of interest. Trump’s argument had merit, that having the Democrat stronghold of Manhattan as the venue for his trial was unfair. And the assignment of Acting Justice Juan Merchan for the trial may reasonably be said to be corrupt. The US Judicial Code says: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Republican Congresswoman Elise Stefanik says Justice Merchan contributed to the Democrat campaign in 2020. And his daughter, Loren Merchan, is heavily involved in Democrat politics. Stefanik says her firm stood to profit from Trump’s conviction. So, one may presume the judge’s bias against Trump.

The charge against Trump was that money was paid to porn star Stormy Daniels to keep her quiet and not undermine his presidential election prospects in 2016. Paying money to suppress prurient assertions is not illegal. But, it was said to violate US election law if intended to influence the outcome of the election—and not merely to protect Trump’s reputation. Given what everyone knows, how could publication of Daniels’s assertions influence a single voter’s intentions?

Many other wandering public figures come to mind. Certainly, Presidents Kennedy and Clinton. Said to be expert on the bedroom ceilings of rich men, Pamela Digby Churchill Hayward Harriman was Clinton’s ambassador to France.

Textbooks and case law forbid judges to hear cases where there could be a perception of bias. A landmark case involved an application by the Spanish government to extradite former President Pinochet of Chile from England. Lord Hoffmann was the swing vote in the decision that immunity did not prevent extradition. The House of Lords set aside that judgment because Lord Hoffmann had been chairman of Amnesty International, which had campaigned for Pinochet’s prosecution. The judges said that the Amnesty link was an automatic disqualification for sitting on the case.

During the 2022 truckers’ protest in Ottawa, Chief Justice Richard Wagner made outlandish comments about an incipient revolution. The Canadian Judicial Council, of which he is head,  exonerated him. By contrast, Justice Thomas Berger of the BC Supreme Court resigned gracefully after being scolded for non-partisan comment on the entrenchment of Indigenous rights in the Charter.

A typical case of conflicted judging is MediaTube v. Bell Canada, discussed at length in my book Justice on Trial. The plaintiff asserting that Bell stole the technology for FibeTV. The Federal Court’s trial judge, Justice George Locke, had been a partner in the firm of Norton Fulbright that acted for Bell. His decision in favour of Bell is gobbledygook. He acknowledged that Bell had constantly changed the description of how their system worked, as if they didn’t know that. Arguably, Bell and their lawyers McCarthy Tétrault committed the criminal offences of perjury and obstruction of justice. Justice David Stratas spoke for the appellate judges despite having previously represented Bell before the Supreme Court. In 130 words, he justified the exclusion of new evidence by citing a case that had analyzed the purported new evidence in 9,000 words.

Trump’s case follows ones described in Christie Blatchford’s book, Life Sentence: Stories from four decades of court reporting—Or how I fell out of love with the Canadian justice system (Especially judges). “The judiciary,” she wrote, “is much like the Senate. Like senators they are unelected, unaccountable, entitled, expensive to maintain and remarkably smug.”

Canadians as well as Americans need outside accountability for lawyers and judges. As US Supreme Court Justice Louis Brandeis once wrote, “If we desire respect for the law, we must first make the law respectable.”

Colin Alexander’s degrees include Politics, Philosophy, and Economics from Oxford. His latest book is Justice on Trial: Jordan Peterson’s case shows we need to fix the broken system.

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armed forces

What A Second World War Aircraft Taught Me About Remembrance Day

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From the Frontier Centre for Public Policy

By Michel Maisonneuve

Sitting inside a B-25 showed me why Remembrance Day isn’t something we can take lightly

Here I was, sitting in the rear gun turret of our Mitchell B-25 bomber, with all my senses on guard and my head on a swivel. The day was clear, the sky could not be bluer, and the danger of enemy fighters coming at us with the sun at their back was almost a certainty.

Luckily, we had just finished our bombing run and were on our way back to base. Our experienced pilot, Major David Rohrer, co-pilot Liam Pearson, and flight engineer Jessica Side had managed to get us to the target unscathed, and we now only had to cross the water to make it home.

Suddenly, Dave had to take evasive action, jerking the plane up and to the right in an almost barrel roll. Cool as cucumbers, the rest of the crew stayed silent as they hung on while I continued to marvel at the incredible manoeuvrability of the B-25.

With 18 machine guns and a full bomb load, the B-25 was a true workhorse. Built in 1945 in Missouri, it showed just how multi-purpose the aircraft could be.

All of this was taking place in Canada last July in the country’s only airworthy B-25 Mitchell, flown out of the Canadian Warplane Heritage Museum in Hamilton, Ontario. The pilot was the museum’s CEO and the crew were volunteers. The target was Niagara Falls, then downtown Toronto (where we flew virtually at the same height as the CN Tower) and the body of water was Lake Ontario..

The experience showed the aircraft’s capabilities, but more importantly, it revealed the challenges faced by Canadian and Allied crews in the Second World War. They worked in noisy, cramped spaces that were too hot in summer and too cold in winter; faced constant danger from enemy aircraft and ground-based flak; dodged fighters and often returned with planes full of holes; flew mission after mission with little rest; and lived with the burden of seeing friends shot down or wounded.

This is what our forefathers went through. This is why we still remember and why we need to continue to honour the generations that came before and who fought for Canada and for our values. The Royal Canadian Air Force was born in 1924, 101 years ago. Its members fought gallantly alongside the Royal Air Force (RAF) and United States Army Air Forces, and many Canadians also flew in RAF and other Commonwealth units.

We owe them a debt that cannot be repaid. All we can do is make sure future generations will remember them, honour them, and stand ready to take their place in the next conflict.

Freedom is not free. It is paid for by the blood of men and women warriors prepared to pick up the torch. Warriors who have no cause except that of freedom, equality, and the protection of all.

As U.S. Army general Douglas MacArthur, who led Allied forces in the Pacific during the Second World War, said, “The soldier above all others prays for peace, for it is the soldier who must suffer and bear the deepest wounds and scars of war.”

This Remembrance Day, and at other times, let us remember and thank those who suffered wounds and scars, but let us also rededicate ourselves to follow their brave example.

Michel Maisonneuve is a retired lieutenant-general who served Canada for 45 years. He is a senior fellow at the Frontier Centre for Public Policy and author of In Defence of Canada: Reflections of a Patriot (2024).

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Agriculture

Farmers Take The Hit While Biofuel Companies Cash In

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From the Frontier Centre for Public Policy

By Joseph Fournier

Canada’s emissions policy rewards biofuels but punishes the people who grow our food

In the global rush to decarbonize, agriculture faces a contradictory narrative: livestock emissions are condemned as climate threats, while the same crops turned into biofuels are praised as green solutions argues senior fellow Dr. Joseph Fournier. This double standard ignores the natural carbon cycle and the fossil-fuel foundations of modern farming, penalizing food producers while rewarding biofuel makers through skewed carbon accounting and misguided policy incentives.

In the rush to decarbonize our world, agriculture finds itself caught in a bizarre contradiction.

Policymakers and environmental advocates decry methane and carbon dioxide emissions from livestock digestion, respiration and manure decay, labelling them urgent climate threats. Yet they celebrate the same corn and canola crops when diverted to ethanol and biodiesel as heroic offsets against fossil fuels.

Biofuels are good, but food is bad.

This double standard isn’t just inconsistent—it backfires. It ignores the full life cycle of the agricultural sector’s methane and carbon dioxide emissions and the historical reality that modern farming’s productivity owes its existence to hydrocarbons. It’s time to confront these hypocrisies head-on, or we risk chasing illusory credits while penalizing the very system that feeds us.

Let’s take Canada as an example.

It’s estimated that our agriculture sector emits 69 megatonnes (Mt) of carbon dioxide equivalent (CO2e) annually, or 10 per cent of national totals. Around 35 Mt comes from livestock digestion and respiration, including methane produced during digestion and carbon dioxide released through breathing. Manure composting adds another 12 Mt through methane and nitrous oxide.

Even crop residue decomposition is counted in emissions estimates.

Animal digestion and respiration, including burping and flatulence, and the composting of their waste are treated as industrial-scale pollutants.

These aren’t fossil emissions—they’re part of the natural carbon cycle, where last year’s stover or straw returns to the atmosphere after feeding soil life. Yet under United Nations Intergovernmental Panel on Climate Change (IPCC) guidelines adopted by Canada, they’re lumped into “agricultural sources,” making farmers look like climate offenders for doing their job.

Ironically, only 21 per cent—about 14 Mt—of the sector’s emissions come from actual fossil fuel use on the farm.

This inconsistency becomes even more apparent in the case of biofuels.

Feed the corn to cows, and its digestive gases count as a planetary liability. Turn it into ethanol, and suddenly it’s an offset.

Canada’s Clean Fuel Regulations (CFR) mandate a 15 per cent CO2e intensity drop by 2030 using biofuels. In this program, biofuel producers earn offset credits per litre, which become a major part of their revenue, alongside fuel sales.

Critics argue the CFR is essentially a second carbon tax, expected to add up to 17 cents per litre at the pump by 2030, with no consumer rebate this time.

But here’s the rub: crop residue emits carbon dioxide, methane and nitrous oxide whether the grain goes to fuel or food.

Diverting crops to biofuels doesn’t erase these emissions: it just shifts the accounting, rewarding biofuel producers with credits while farmers and ranchers take the emissions hit.

These aren’t theoretical concerns: they’re baked into policy.

If ethanol and biodiesel truly offset emissions, why penalize the same crops when used to feed livestock?

And why penalize farmers for crop residue decomposition while ignoring the emissions from rotting leaves, trees and grass in nature?

This contradiction stems from flawed assumptions and bad math.

Fossil fuels are often blamed, while the agricultural sector’s natural carbon loop is treated like a threat. Policy seems more interested in pinning blame than in understanding how food systems actually work.

This disconnect isn’t new—it’s embedded in the history of agriculture.

Since the Industrial Revolution, mechanization and hydrocarbons have driven abundance. The seed drill and reaper slashed labour needs. Tractors replaced horses, boosting output and reducing the workforce.

Yields exploded with synthetic fertilizers produced from methane and other hydrocarbons.

For every farm worker replaced, a barrel of oil stepped in.

A single modern tractor holds the energy equivalent of 50 to 100 barrels of oil, powering ploughing, planting and harvesting that once relied on sweat and oxen.

We’ve traded human labour for hydrocarbons, feeding billions in the process.

Biofuel offsets claim to reduce this dependence. But by subsidizing crop diversion, they deepen it; more corn for ethanol means more diesel for tractors.

It’s a policy trap: vilify farmers to fund green incentives, all while ignoring the fact that oil props up the table we eat from.

Policymakers must scrap the double standards, adopt full-cycle biogenic accounting, and invest in truly regenerative technologies or lift the emissions burden off farmers entirely.

Dr. Joseph Fournier is a senior fellow at the Frontier Centre for Public Policy. An accomplished scientist and former energy executive, he holds graduate training in chemical physics and has written more than 100 articles on energy, environment and climate science.

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