Frontier Centre for Public Policy
“Forty-two Ways the Press Hates You” – The CBC Chapter
From the Frontier Centre for Public Policy
Excerpt from the book: Against the Corporate Media _ Forty-two Ways the Press Hates You (2024) – Michael Walsh ; chapter written by Elizabeth Nickson.
The Beast
Renegade governmental organizations are virtually impossible to rein in, especially if they have careened off the rails into destructive action. Take, for the sake of argument, the FBI or Environmental Protection Agency in the U.S., the World Health Organization and the United Nations internationally, or the plethora of sovereign and sub-sovereign health ministries that went AWOL during COVID-19. If threatened, a throng of defenders rises, vocal to the point of shrill, defending the original idea, refusing to look at the slavering beast that public money hath wrought.
“Reform or die,” says prime minister after president after premier. Nodding subservience is followed by…nothing.
Commissions are formed, recommendations are made. Cosmetic changes ensue. Like rogue elephants, they continue to roam the heights of the culture, braying and stomping and breaking things. Power, once acquired, needs to be wrenched from bleeding hands.
In Canada, that raging elephant is the Canadian Broadcasting Corporation. Founded in 1936, at last count, the CBC sprawls across the country in twenty seven over-the-air TV stations, eighty-eight radio stations, a flotilla of websites, podcasts, streaming TV, and multiple satellite radio stations. Its mandate is high-flown, to connect the multiple city-states of the country, its frozen north and isolated rural communities via dozens of offices big and small. It broadcasts in English, French, and eight indigenous languages.
The CBC’s Toronto headquarters, finished in 1993, was a statement of extreme optimism at a time when the corporation was widely loved. Designed by Philip Johnson, it cost $381 million. It is de-constructivist in form, a symbol of the CBC’s purpose, which is to re-conceive Canada’s founding as racist and the country in need of radical reform led by itself. Its orthogonal grid is “interrupted by skewed elements,” and its interior dominated by a green elevator shaft set at an angle to the building grid. Outside, a forbidding Soviet box, windows are outlined in CBC red. Inside, it’s confusing, echoing, and replete with empty studios. Despite effulgent funding, the aura of failure wears on those still employed. They don’t understand why they are no longer astride the culture.
A behemoth, it demands $1.24 billion of direct subsidy from the government every year and rakes in several hundred million more through licensing, advertising, and production subsidy. It eats up, say some analysts, half the media dollars spent in the country, yet is watched on its 27 TV stations by fewer than five percent of Canadians. Its news outlets perform worse. Only 1.75 percent of Canadian watch CBC news on broadcast channels or cable. The National, its star suppertime news show in Toronto, is watched by fewer than half a million people, while private-sector competitors in the same city crest at one million or even million.
In June 2023, the editorial board of Canada’s long-time national newspaper, The Globe and Mail, put its rather large bear paw down and suggested shuttering CBC TV entirely, and focusing on digital and radio, which are relatively successful. The editorial board (acting in its own institutional interest) pointed out that digital advertising for CBC should be halted because a subsidized CBC should not eat up ad dollars in a tight market. The editorial board also stated that more than 24 million CBC digital visitors a month is substantial. It is not. The media is undergoing explosive growth in every country; it is only legacy media that is not growing. Routinely in the U.S., popular digital sites host tens of millions of visitors a day and more than a billion a year. Using that metric, the CBC reaches about 10 percent of the available digital audience.
Most Canadians agree with The Globe and Mail. In fact, in mid-2023, 62 percent of Canadians wanted it shut down, saying they would vote for conservatives if they promised to do so.
Not reined in, not given less taxpayer money, not privatized, but shut down, its many buildings, its wealth of equipment sold, and its employees scattered to the winds. Among some 30 to 40 percent, the mother corporation (as it calls itself) is actively hated and loathed. When Pierre Poilievre, the popular conservative candidate leader, promised to shut down the CBC, his audience rose for a prolonged standing ovation.
How did this jewel of Canadian culture, which, for 60 years was held in near reverence by every sentient Canadian, come to this?
The Original Purpose
Public broadcasters, in general, engage in state-building and national and cultural integration. They “provide social cement,” build bridges, “witness,” and connect. Or are supposed to. They are meant to be free in order to serve those without the funds for cable or streaming subscriptions.
In Ireland, Raidió Teilifís Éireann (RTE) provides an alternative to the deluge of British programming, those in Nordic countries promote “equality, solidarity and belonging,” and in Australia, the Australian Broadcasting Corporation (ABC) sets itself against the dominance of wicked corporatist freebooter Rupert Murdoch.
In Canada, the CBC is meant to provide a Canadian voice in a country where, as the old saw goes, Canadian culture is in a distinct minority. This purpose has been served well in French Canada, where Radio Canada (best said with a French accent) is widely loved and has managed to act as a beacon for Quebecois culture, an impressive amount of it created to flout, humiliate, and laugh at the maudits anglais to the south, east, and west.
The digital and streaming explosion of the early aughts left the CBC flailing to catch up, and this is typically given as the reason its audience numbers are so poor.
However, this is not the case for the CBC’s radio stations, the only corporation division that truly services small-city and rural Canada and can compete in an admitted fever of ever-expanding competition. Their drive-time shows can reach as many as 20 percent of the audience and are often in first place in the ratings.
There are other rather more convincing arguments for its decline. CBC hosts on radio and TV have historically been beloved figures. Today, few Canadians could name one of them; personalities seemingly are not wanted at the CBC anymore, but Canadians still love them. Canadian YouTubers routinely attract hundreds of thousands of viewers and, in Jordan Peterson’s case, tens of millions, trouncing the “mother corporation” by orders of magnitude. Podcasts are popular, but half of those listened to in Canada are by right-wing Americans. This indicates that, even given its radio successes, the corporation has lost touch with Canadians. It simply does not have news or entertainment product strong enough to compete in the new marketplace. And, as the proliferation of new media in Canada proves, its editorial policy is so backward that almost every single digital opportunity has been missed.
In contrast to received opinion – which is that the culprit is the explosion in digital and streaming outlets – the answer to the corporation’s distress is far simpler and far more reparable. A series of bad political decisions have been made by policy chiefs who craft the corporation’s editorial policy every year. Reputedly, that secretive department costs taxpayers $180 million annually, but it is as closeted as the Kremlin, and few even admit it exists. But it does, and it is those policy setters who have created the wholesale repudiation of the CBC via rough-shod political brinksmanship that was meant entirely to remake Canada in a fresh, socialist image. And to destroy the one political party standing in the way.
Political Headwinds and Terrible Decisions The Canadian public’s loss of affection for the CBC began with their 27-year-long attack on Prime Minister Brian Mulroney, which started in the late 1980s with his election and ended only in 2011 with his exoneration by the Oliphant decision, a commission forced by the media after repeated failed attempts to destroy Mulroney. The goal, in retrospect, was not only to ruin Mulroney, who saw Canada as a potential capitalist titan using its vast natural resources, but to salt the earth so that no such animal could rise again. Like the later “Russian collusion” hoax employed against Donald Trump in the U.S., the Mulroney attacks were based on hate via creating a storm of noise and accusations, falsified evidence, and an egregious waste of taxpayer money. Like the Russia hoax, nothing was found. That was not the point. The point was to ruin Mulroney, deflect criticism, and silence conservative voices.
Mulroney, a brash-to-the-point-of-vulgar Irishman from Montreal, rode in on Ronald Reagan’s coattails with the North American Free Trade Agreement and the 1980s private-sector boom. Journalists in the Toronto-Ottawa-Montreal triangle hated him, and as an exhaustive study done at the time demonstrated, more than 90 percent of journalists in Canada were liberal or, more likely, socialist. In fact, as Barry Cooper and Lydia Miljan found in their 1993 book Hidden Agendas: How Journalists Influence the News, it was almost impossible to work in Canada’s media as a conservative unless you were tightly tied to the financial pages, and even then, if you had little to no profile as a columnist.
Immediately after Mulroney’s election, the CBC and the national newspaper, The Globe and Mail, went on the attack.
One investigative reporter, Stevie Cameron, who worked for both, grabbed the beat and did not let go.
What happened was a thorough illustration of a political hit job disguised as journalism.
Mulroney, possessed, it was thought, of an egregiously ambitious wife, was accused of taking a $300,000 cash bribe for awarding a 1988 Airbus contract. He had over his 10 years in office acquired a “friend,” Karlheinz Schreiber, a fixer/lobbyist who trolled capital cities for his clients. Schreiber, a native of Germany, was said to have promised Mulroney a job as a lobbyist when his ministership was over. Ultimately, this dubious choice in friends was the only charge that landed after 20 years of parallel investigations by the CBC and The Globe and Mail, a 10-year investigation by the Royal Canadian Mounted Police, several court cases, and finally a formal commission.
The CBC program The Fifth Estate produced nine documentaries trying to pin kickbacks on Mulroney, using as a principal source an accountant and friend of Schreiber who had spent time in Swiss, Italian, and American prisons. This man, Giorgio Pelossi, convinced the newsmen, that Mulroney had a secret Swiss bank account in which he had allegedly stashed millions, and petitioned the Swiss government to release the evidence. Neither the millions nor the Swiss bank account were ever found.
Finally, Mulroney had had enough and sued the CBC for libel. He won and then won again on appeal. These two court cases and decades-long investigations cost the CBC $15 million. Publishers and editors allowed reporters to use dubious sources in several books, which contributed to the downfall of one publisher, Key Porter Books. Schreiber, who was under deportation orders, told a Fifth Estate host on air that he would do anything not to be deported. The CBC ran with his “evidence” anyway.
Despite losing twice in court, the CBC continued its crusade: in 2010, 22o years after the Airbus contract was awarded, conservative Prime Minister Stephen Harper was forced to empanel a commission that cost the Canadian taxpayer another $14 million. Justice Oliphant found that “nothing inappropriate occurred during the meetings that Mr. Schreiber had with Mr. Mulroney.”
The CBC even commissioned Mulroney: The Opera, a $3 million and $800,000 film that was supposed to be shown in theatres first and on the CBC second. According to columnist Brian Lilley, the film portrayed Mulroney as an “American wanna-be with no ethics and an unquenchable thirst for power.” It was so terrible that not only did it not air on CBC, the CBC took its name off the disaster. Naturally, it was praised by The Globe and Mail.
During Steven Harper’s prime ministership, the CBC led an attack on four nominally conservative senators who had claimed expenses in hometowns that they rarely visited. This was unfortunate but a well-worn pattern. A few paid back those expenses – the largest bill was for $150,000 – and three were criminally charged and acquitted, but not before their lives had been shredded. The “scandal” over relatively small sums was meant to counter the rising suspicion of Canadians that the CBC and the government had run amok with spending and, in a masterful sleight of hand, proffered visible conservatives as punching bags. The “investigations” mirrored the attack on Mulroney and, as meant, affected the 2015 election, which was won by Justin Trudeau’s Liberal Party.
By then, Canadians, particularly those right of center, were sharply aware that Liberal scandals, far more egregious in terms of money misallocated, were ignored or glossed over.
By 2011, after the CBC again lost with the Oliphant Commission it had forced, the organization had lost 30 to 40 percent of the country along with it.
In 2010, Prime Minister Stephen Harper commissioned a report from the Senate Committee on Transport and Communications to devise ways to rescue the CBC. The recommendations included more ads, the cessation of in-house cultural programs, playing recordings, and selling off all its studios and buildings. In response, the CBC spent the next three election seasons – 2015, 2019, and 2021 – attacking conservatives with its every breath. In Justin Trudeau, the ideal leftwing pretty boy willing to be puppeted for power, the CBC had finally found a politician to love.
On the campaign trail, Trudeau and his team promised to increase the CBC’s funding. The CBC, in return, mirrored Trudeau’s campaign of conservative hatred, oil-sands hatred, and full-throated promotion of the “climate change” narrative. Harper, a stolid man married to reason, was subjected to daily character assassination, and his every move was portrayed as evil. When the CBC ran out of attacks on Harper, evangelical Christians, George W. Bush, most Americans, and “the extreme Right,” an almost psychotic hatred of Donald Trump and his “deplorables” poured from all 127 stations and their satellites all day, every day.
No opposing view was allowed, except those of nominal conservatives, tamed submissives brought on to bleat and cower.
Since Trudeau’s victories in 2015, 2019, and 2021, the CBC has enjoyed bumps in its annual budget by hundreds of millions of dollars despite its basement level ratings. And most conservatives who are not politicians are intimidated into silence. Many will not answer the phone if the CBC calls and dodge on-air invitations, effectively cancelling themselves. It is simply too dangerous to counter the force and fury of the CBC. In this, the policy chiefs won their battle and very nearly destroyed conservatism in Canada.
While also managing to destroy a beloved institution and, arguably, their own futures.
Why Don’t They Love Us Anymore?
It was the betrayal of the coronavirus pandemic that took the CBC from a rough 35 percent wanting reform to 62 percent wanting it shuttered in its entirety. During the spring of 2023, the citizen-funded National Citizens Inquiry travelled the country taking testimony from doctors, nurses, scientists, the vaccine injured, morticians, and public health officials. Two former employees of the CBC, both veteran journalists with sterling careers, reported what had happened. One, Marianne Klowak, anguished by the betrayal of her profession, told the story from the inside. The other, Rodney Palmer, who had reported from Beijing during the SARS epidemic, closely tracked the breakdown of the journalism profession via its accommodation made with governments and NGOs, compromised Canada Research Chairs (a government-funded chain of research fellowships), and the vaccine industry.
Who were we to withhold information that the public needed to know and had a right to know in order to make an informed decision? It tore me apart. We failed our audience; we let them down. It was a crushing burden. – Marianne Klowak
“We betrayed our audience, we betrayed their trust.”
Klowak, an award-winning 34-year veteran at CBC Manitoba, was used to having her stories turned around in a day, aired on TV, radio, and the web without question.
“We depended on our reputation for excellence over the years and used that reputation to effectively shut down one side of the truth. How were we doing that?”
We branded the doctors and experts we used as competent and trustworthy and those who challenged the government narrative, despite their reputations, as dangerous and spreading disinformation. It changed so fast it left me spinning. The rules changed overnight. It was a collapse of journalism. We changed from newsgathering to pushing propaganda.”
People called, emailed, and stopped her on the street, asking her what was going on and why wasn’t the CBC reflecting their concerns? A province-wide study showed that over 60 percent were worried about the vaccine’s safety, but any story she proposed about safety concerns was shut down. Every story about people who had lost jobs because of vaccine hesitancy, the vaccine injured, families broken, family members ostracized, depressed university students, suicides from lost businesses and incomes – that countered the government’s narrative was refused.
By early 2021, she found that the language in story meetings had also changed. Despite only four percent refusing the vaccine for religious reasons, anti vaxxers were labelled as religious nuts, uneducated, rural. “We were laughing at them, ridiculing them; it was pejorative…the opposite of journalistic practice.” Klowak’s breaking point came after Israel was starting to report evidence of inflamed heart muscles among vaccinated teenagers and people were calling her, worried about vaccinating their children. At the same time, the U.S. Centers for Disease Control and Prevention noted on its website that there had been rare cases of myocarditis among young people.
Her story about these side effects was sent to Toronto, where it languished for several months in the CBC’s own freshly created “public health unit” before it was returned with the instruction to use instead a group of experts chosen by CBC management, who claimed there was no risk from the vaccine. She refused, and the story was killed. In the meantime, many parents had been forced to vaccinate their children.
After another story was spiked, this one about a young woman runner with irreversible heart disease after vaccination, Klowak took early retirement, but not before requesting extensive exit interviews with local and national editorial types. Her concerns were dismissed. Brodie Fenlon, the corporation’s editor-in chief, stated that he thought the CBC had performed well.
The CBC is a public entity; we pay for it, it broadcasts on the public airwaves, and we expect them to tell us the truth because they’ve done it for 50 years. – Rodney Palmer
Rodney James Palmer had been a TV presenter, producer, reporter, and a 10-year veteran of the CBC, working in Israel and India as a bureau chief, and notably in Beijing during the SARS outbreak. Palmer had noticed a distinct difference in the Chinese response to Covid, especially by their quarantining Wuhan, and his suspicion was triggered, so he bent on studying the rollout of the pandemic.
He observed that a week into the pandemic, the CBC’s star reporter, Adrienne Arsenault, had run a story speculating how to respond if “your father” thought China had created the virus. She went on to lecture her audience on how to counter such “misinformation” and to use “trusted sources” from “legitimate organizations.” Palmer pointed out that at the beginning of any pandemic, all information is necessary for correct analysis. “What evidence did she have?”
He discovered that Arsenault’s source was an organization called First Draft, which emerged in March 2020 to counter “vaccine misinformation” and which recommended the use of only “trusted sources.” First Draft supported a pro-vaccine narrative, but Arsenault didn’t mention that.
Further, Palmer pointed out that in the same month, both The Washington Post and Vanity Fair had published deeply researched pieces raising suspicions about the Wuhan lab, but the CBC was already telling Canadians not to trust their own family members.
A few weeks later, Brodie Fenlon announced on his blog that the CBC had joined four organizations – First Draft, Project Origin, the Journalism Trust Initiative, and the Global Task Force – whose focus was to counter “misinformation.” One, the Trust Project, was joined by several dozen newspapers and broadcasters all over the world with the same mandate: to assert “trust” against “misinformation.” Their purpose:
“to develop a consensus and a single strong voice around the issues facing public media worldwide.” In public media, The Trust Project was joined by the BBC, ABC (Australia) France-TV, KBS (Korea), ZDF (Germany), and SVT (Sweden).
Palmer wondered what possible congruence the CBC would have with the Korean Broadcasting System (and why the word “truth” was no longer in use). He observed that developing “a single strong voice” was in direct opposition to actual journalism.
Palmer pointed out that the CBC’s Marketplace program had reported 800 social media posts that it judged to be “misinformation” to the Center for Digital Hate, and complained when only 12 percent were taken down. “Who at the CBC was the arbiter of the truth, when Canadians prefer to determine truth for themselves?” asked Palmer. How dare “the CBC promote a new identifiable group of Canadians and foment hate against them?”
Many journalists, some former, some having resigned during the pandemic, have gone on record to protest the corporation’s extreme bias. Others have left because the editorial policy has shifted from news gathering to promotion of the other-sexed and marginalized people of colour and disability, whereby every story has to include some element reflecting the persecution of the less-abled by white supremacists. While this is yet another reason for the CBC’s audience shifting away, it does not explain the active dislike and distrust exhibited by the public at present. The betrayal of trust, ironically, was everything. Klowak, before she retired, called around to journalists in the CBC and other newsrooms, asking if her experience was typical. It was, but many were, unlike her, in mid-career and afraid to lose their positions.
Then came the trucker protest.
During the trucker protest, Justin Trudeau’s behaviour mirrored his father’s punitive actions against violent French-Canadian separatists in 1970. The FLQ (the Quebec Liberation Front) had kidnapped two public officials and killed one of them. On the CBC and other media, Trudeau drew an equivalence between the FLQ and the trucker protest. He was able to do this because, on the second day of the massive protest in Ottawa, three photographs appeared of a Nazi flag, the American Tea Party flag, and the Confederate flag. These three photos were subsequently tracked down to timing, photographer, location, and lighting and are believed today to have come from the Prime Minister’s Office. Two photos were taken by photographers who had taken official portraits of Trudeau. A CBC journalist was the first to tweet the photos, refusing to reveal his source. Trudeau used these photographs as a pretext to refuse to meet with the protestors. The CBC aired the photographs repeatedly, skewing public opinion against the truckers.
During the protest, the CBC aired one blatantly critical piece after another. It never interviewed a protestor, despite the protestors being right outside the broadcaster’s Ottawa studios. Still, it was sure to include the entirely evidence-free accusation that Russia funded the protestors. This was to add insult to injury by further linking the protest to Trump and the equally fraudulent Russia hoax. It was as if the CBC, like spoiled children drunk on power, were wrecking Canada’s public square for fun, hurling crude epithets that suggested the Reign of Terror during the French Revolution or struggle sessions during the Chinese Cultural Revolution. It was chilling in its effect, and their behaviour disgusted a wide swath of the Canadian public.
According to reporters on the ground and subsequent investigations, it took the government two weeks to bring in the numbers of police deemed necessary to shutter the protest. The morning the shutdown happened, the protesters were faced with a phalanx of black-clad, Kevlar-coated men in battle order. None of the uniforms carried insignia. What looked like a winter carnival of people who had been cruelly separated and isolated for two years was swiftly shut down in a few brutal days, during which police rode a horse over an elderly woman, and organizers were jailed without charge for weeks. The CBC characterized protestors as rednecks and as American sympathizers, ignorant and anti-science, and claimed that money was coming in from American Republicans who wanted to take over Canada. The government confiscated $20 million in donations to the truckers from Go Fund Me and Give Send Go. The money was returned to the donors on the order of Trudeau’s deputy prime minister, Chrystia Freeland.
Freeland then froze the bank accounts of ordinary people, including waitresses and clerks, who had donated as little as $50 to the truckers. Even though the protestors were, by all accounts, 20 percent people of colour, all were dubbed racist. So much for knitting the country together.
The CBC has flagrantly betrayed the public trust, which is now reflected in its rampant unpopularity. Founded to “reflect Canada and its regions to national and regional audiences,” it has become a bully, a hysteric sowing division between every conceivable cohort, black against white, Indigenous against settler, the other-sexed against “normals,” and especially creating hatred against conservatives. By every imaginable metric the CBC has failed.
Moreover, it has almost destroyed the country’s fiscal integrity by becoming a shrill advocate for destructive public policies such as aggressive “climate change” mitigation in the coldest, most treed country in the world, thereby gutting the one industry – oil and gas – upon which one-third of the nation’s economy depends. Canadians now rank first among the G7 for debt-to-income ratio, and it is the public broadcaster’s prejudice and ignorance, above any other cultural institution, that is responsible.
Elizabeth Nickson is a Senior Fellow at the Frontier Centre for Public Policy. Follow her on Substack here.
Frontier Centre for Public Policy
Richmond Mayor Warns Property Owners That The Cowichan Case Puts Their Titles At Risk
From the Frontier Centre for Public Policy
“For those whose property is in the area outlined in black, the court has declared Aboriginal title to your property which may compromise the status and validity of your ownership — this was mandated without any prior notice to the landowners,” said the letter to Richmond residents.
These are the words of the mayor of Richmond, BC, to Richmond property owners. In a Canadian first — and what might be the first of many such warnings to frightened property owners — the mayor is telling them that the titles to homes and businesses that they had purchased by dint of hard work and faithfully making mortgage payments over decades might be invalidated because an indigenous claimant, relying in part on ancient hearsay evidence, managed to convince a judge that equally ancient ancestors had once built crude structures and fished there.
The warning comes because of the Cowichan case.
In an alarming decision, a judge granted 2,000 Cowichan claimants Aboriginal title (AT) to part of the City of Richmond — worth an estimated $100 billion, or about $12.5 million per claimant. The decision is being appealed. However, it is based on the equally alarming case of Delgamuukw and the line of cases that followed it. Consequently, unless the Supreme Court of Canada (SCC) is prepared to reverse that decision, Canadian property owners can never again enjoy the certainty of property ownership that was bequeathed to us before Canada even became a nation. At best, Canadian property owners can only hope that their “junior” property rights will not come under attack by someone claiming a “senior” constitutionally protected AT, based on something that might or might not have happened before Canada even became a nation.
Because the 1997 Delgamuukw decision changed property rights forever in Canada. Senior Ontario lawyer, Peter Best, describes what the SCC did in that case as a “revolution.”
Another way to describe what the unelected SCC Justices chose to do in 1997 is that they chose to sacrifice the certainty of Canadian property rights on the altar of “reconciliation.” From that point on, a Canadian property owner could no longer be certain that their title to property was permanent.
Henceforth, if an indigenous claimant, relying on ancient hearsay evidence no less, could satisfy a judge that their ancestors had the exclusive use of hunting or fishing lands in the distant past, an AT could be placed upon the title of a property owner today. In short, the property owner would be told that their “title” was not the permanent ownership they thought it was.
Few Canadians noticed this astounding decision, in large part because it concerned lands in a remote area of BC. But when the Delgamuukw-based Cowichan decision, which involved city land, was announced, property owners certainly took notice. They suddenly woke up to find that their property rights could be taken from them at the stroke of a judge’s pen.
They aren’t imagining the threat. In fact, they are alarmed to find themselves alone, fighting against a provincial government, a federal government, and the courts — all of which appear to be willing to sacrifice Canadians’ property rights to the apparent requirements of “reconciliation.”
Here’s an example. These Pender Harbour residents are not just alarmed. They are scared.
This brief article discusses the threat and what went wrong.
Those who live in dictatorships and own property can never be certain that homes and businesses they worked hard to buy won’t be suddenly taken from them. That’s exactly what happened in Cuba in 1959, when Fidel Castro seized power from Fulgencio Batista. I was reminded of this the other day when I rewatched Francis Ford Coppola’s masterful movie, Godfather II, and saw that revolution depicted on the screen.
Pandemonium reigned as most of Cuba’s once vibrant middle class was forced out of their own country. Their houses and businesses were simply confiscated by the Castro “revolutionaries.” Families who had acquired property by dint of generations of hard work suddenly found themselves with nothing. While many of the dispossessed rebuilt good lives in Miami and elsewhere, they will never regain their haciendas and businesses back home. The sad mess that is today’s Cuba is what a country, stripped of its middle class and property rights, looks like. That’s because the certainty of property rights is the backbone of any successful nation.
But none of what happened in Cuba could happen in a liberal democracy, like Canada, could it? We Canadians have always been sure that if we do all of the work and saving necessary to earn the down payment needed to buy a house; work hard to meet our mortgage, property taxes, and other fees; and spend the money necessary to maintain our property over the years — we will own “our” property forever. We can sell it, pass it on to our children, or live there until we die. Property ownership is forever in a country like Canada. No one — not even the government or the courts — can take it away from us. Right?
At least that’s what we thought. If you are one of those Canadians who still think that “ownership” means what you think it means, you need to start paying attention to what is playing out right now in British Columbia. Because the Cowichan case — directly based on Delgumuukw — decides otherwise. The trial judge concluded that property rights can indeed be taken away from a rightful owner. A court can do that — on a claim based on hearsay evidence, no less. And not just hearsay evidence. Hearsay evidence that is seventh generation hearsay. In one fell swoop, Canada became the first (and only) common law nation where a court can take away your title to your property based on a claim by someone in 2025 that a claimed ancestor of theirs told someone else something in 1846. But only if all the “someones” are indigenous.
Cowichan claimants convinced a judge that what some claimed ancient ancestor told another ancient ancestor in a blueberry patch, and all the way up to the present, was reliable enough to slap a constitutionally senior AT on top of the inferior “junior title” that everyone who had lawfully acquired the property from the previous owner thought they owned. So, if you own property in Richmond, BC, you are not being paranoid if you are alarmed by the decision. The mayor is quite right to warn scared residents that their titles are under threat.
And if you are a property owner — or rather thought you were a property owner — anywhere in what were formerly the Queen Charlotte Islands, but has now suddenly become the new nation, or tribal nation, of Haida Gwaii, you might also want to know that an indigenous claimant and their lawyers can meet with one judge in private — with absolutely no notice to you — and have their newly acquired AT — courtesy of the courts and the Eby government — made into a constitutional right that is now “senior” to your “junior” unprotected right that you thought was your inviolable title to your property. A title that might have taken a lifetime of work to acquire.
So, if you are a BC resident, you should be alarmed. And what starts in BC doesn’t necessarily stay in BC. It is assumed by many that AT will have no effect in the areas of Canada covered by treaties. However, the signing of those treaties only started in 1870. What about tribes, such as the Assiniboine, who had been displaced by treaty signing tribes, such as the Ojibway, before 1870? This and other creative AT claims will undoubtedly be argued before judges as receptive to radical indigenous claims as the Cowichan trial judge.
This is obviously a simplified description of a very complicated topic. Volumes have been written by lawyers and others about the Delgamuukw case where AT and the line of cases built on it originated. Brilliant lawyers, like Dwight Newman, Geoffrey Moyse, Barry Kirkham, and Peter Best, as well as many writers, have already written reams about the Cowichan case.
But don’t be fooled by politicians or Indian chiefs telling you that they are not claiming private property at this time.
Because if their claims are accepted, that means the government had a defective title from the outset, that means your title is just as defective. They can go after your title any time they care to. As mentioned, the City of Richmond is warning residents that the Cowichan case puts their ownership in doubt. They are not being paranoid — they are letting residents know the truth — the courts are playing fast and loose with property rights in their single-minded pursuit of “reconciliation.”
Richmond and Haida Gwaii are most likely just the beginning of what is going to happen throughout BC, and eventually all of Canada. BC has hundreds of Indian bands that all want variations of what has been awarded to the Cowichan band in the Cowichan case, and to the Haida, by the double-teaming of the Eby government and our courts. This appears to be “Land back” at work. The Eby government and BC courts now appear to be actively working together — engineering “constitutional” declarations privately, for example — in the dismantling of rights to private property to fit their vision of reconciliation. Here is an article on the subject by the David Suzuki Foundation. To them, it makes perfect sense that huge parts of Canada should simply be “handed back” to claimants, simply because they are indigenous. The Eby government, with the courts’ cooperation, appears to be doing exactly that.
As mentioned, it all began with the Delgamuukw case in 1997 — decided by a SC determined to put “reconciliation” ahead of every other consideration. That is the case that decided — against all logic, common sense, and case law that had been built up for a thousand years — that ancient hearsay evidence can be reliable enough to remove title from a property owner and give it to an indigenous claimant. And that indigenous hearsay evidence is somehow reliable, while all other hearsay is not.
To quote senior BC lawyer, Barry Kirkham:
“In the entire history of the common law first hand hearsay evidence is deemed inadmissible because hearsay is unreliable. Delgamuukw held that in support of a claim for Aboriginal title, the courts must allow Indian witnesses to give seventh generation hearsay evidence to establish facts as to land they occupied in 1846. There is no basis in law, logic, or justice to justify this astounding claim, and there is no reason why hearsay evidence from Indians should be an exception to a rule that governs every other litigant. The SC justified this singular exception to the rule against hearsay evidence by reasoning, “There is no other means by which the Indians can prove their case.” A clear instance of a court inventing a rule to produce a particular result, which is the exact opposite of what a court should be doing and is doing in virtually all other cases.”
So, how can seventh generation indigenous hearsay be reliable when even first generation non-indigenous hearsay is considered inadmissible because it is unreliable?
The answer is clear: It can’t be.
To Kirkham again:
“The Indians had no written language and created no documents or records and had no formal education system. How can hearsay evidence from such a system be so much more reliable than non-Indian hearsay, which is inadmissible, despite facts being recorded in documents and taught through a highly developed educational system, where students are a captive audience for several hours a day for many years.”
The truth is that indigenous oral histories are no more or less reliable than the oral history of any other pre-literate people. There might have been a Moses, who led his people from ancient Egypt. Perhaps there was something that happened at the Red Sea that helped them escape. But any judge who stripped a property owner of their titles in 2025, based on their belief that Moses parted the Red Sea that day, would be considered quite mad. Similarly, anyone who believes that every detail of a story supposedly told in a blueberry patch long before Canada even became a country can be accurately recounted by a self-interested claimant today many generations later is deluded.
Proof of what I am saying can be found in the Cowichan case itself. The Cowichan claimants recited their oral history in court, but so did the two opposing tribes, the Musqueam and Tsawwassen. Not surprisingly, all three oral histories differed. All three favoured the groups claiming them to be true. Of course, they did. It was “their” oral history. There is simply no such thing as an oral history, or fable, that doesn’t favour the group that believes it.
The Cowichan trial judge made the arbitrary decision that the Cowichan oral history was accurate, and the two other conflicting indigenous oral histories were not accurate. The correct decision was to find that none of the oral histories were reliable enough to decide something as precise as title.
That’s because oral histories — including indigenous oral histories — are inherently unreliable. They are just stories that have been told and retold — and subtly changed with each retelling. The fact that they are told by indigenous people is neither here nor there.
In both Delgamuukw and Cowichan, we see judges trying to rectify what they see as historical errors made by our forefathers. While these instincts might be well-intentioned, the fact is that remaking Canada is not the courts’ job. Elected representatives and/or constitutional discussions might remedy these perceived injustices, but playing fast and loose with both the clear rules of evidence and what is supposed to be the certainty of property rights are clear examples of judicial overreach.
This problem of judicial overreach is made exponentially worse by the fact that some of the most expensive law firms in the country are actively working on these AT and “duty to consult” claims all across the country. Perversely, the enormous fees come from the very property owners — the taxpayers — targeted by these increasingly creative legal claims.
Many of the very lawyers doing this work eventually become judges hearing those claims. This unholy alliance of chiefs, lawyers, and activist judges is rapidly depleting Canada’s embattled treasury and destabilizing the country. All this is made worse by crusading politicians, like former Prime Minister Justin Trudeau and Premier David Eby.
Attempting to appease the unappeasable 1-2% of the Canadian population who live on Indian reserves by impoverishing and stripping property from the productive 98% in the name of “reconciliation” is a fool’s errand. Decades of enormous public expenditure and “reconciliation” have certainly made many people rich but have done nothing to move the dependent indigenous underclass up the ladder.
There are many other reasons as well why the Delgamuukw and Cowichan are wrongly decided, including the obvious fact that the concept of “title” was foreign to a warrior culture, where stronger tribes had displaced weaker tribes for thousands of years. But the decision to use seventh generation hearsay, only because it comes from indigenous claimants, is the fundamental flaw that must be corrected. The SCC has put property rights in peril and must restore the sanctity of property rights in Canada. It must fix the mess it has created.
The SCC in Delgamuukw set off the multiple claims for AT all over BC and now in other parts of Canada. It is largely responsible for starting what looks like the carving up of that province into racial enclaves, beginning with Haida Gwaii. It incentivized Indians to think of themselves first as members of their “First Nation” and only second as Canadians. In their pursuit of reconciliation, the SCC inadvertently promoted indigenous separatism — the exact opposite of what our highest court should do. And now it is putting in peril a system of property rights that originated in 1066. It would be hyperbolic to say that the justices initiated the unravelling of Canada, but a Canada without certainty of title is not a Canada worth saving. Quebec and Alberta sovereignists have taken note.
The tragedy is that none of this was supposed to happen. In 1982, when constitutional talks were underway, our senior premiers campaigned to have property rights constitutionally protected. That didn’t happen because of the intervention of NDP leaders, like Ed Broadbent, who insisted for their own ideological reasons that Section 35 (which recognizes existing Aboriginal and treaty rights) must be included, but property rights must remain out of the document.
Because originally there was no such thing as Section 35 in the original draft of what the premiers were asked to sign. It was rather suddenly inserted into the mix by some of the same clever people who managed to nix constitutionally protecting property rights.
But even then, the senior premiers, such as Alberta’s Peter Lougheed and Manitoba’s Sterling Lyon, refused to sign — fearing exactly the type of judicial activism that gave rise to Delgamuukw and Cowichan. Only when they were assured by Trudeau and Chretien personally that if the word “existing” was placed before “Aboriginal rights” future Supreme Courts would not even think of expanding aboriginal rights as they existed in 1982 did they sign.
But those senior premiers came to regret what they had done. The assurances given by Trudeau and Chretien turned out to be worthless. They had been snookered. In Delgamuukw, the SCC blatantly disregarded the clear intent of the senior premiers and invented brand new law — AT — by declaring that ancient hearsay evidence could be used by indigenous claimants to establish title to property.
But those senior premiers, like the Fathers of Confederation before them, would have been positively horrified to see what an activist SCC and feckless politicians, like Eby, are doing to the country as a whole. Carving up the country into racial enclaves, like Haida Gwaii, encouraging Indians to think of themselves as members of a tribe, instead of as Canadians, is exactly what Canada was not supposed to be. Our forefathers envisioned a Canada rid of tribalism, where everyone was equal in law, not the “patchwork of tiny Bantustans” — maybe better called UNDRIPia — that is emerging today.
It will be years before the SCC will rule on the Cowichan appeal, and hopefully do a major rethink of what their predecessors launched in 1997 with Delgamuukw. In the meantime, the uncertainty that the courts have created with AT (and their equally damaging creation — “duty to consult”) will cost Canadians dearly. The Canada that was known will continue to unravel.
But Canadians who have worked hard to buy their homes and businesses will not sit idly by while their titles are taken from them. The SCC must reverse what Peter Best calls their “revolution” or they will foment a revolution of a different kind.
Brian Giesbrecht is a retired judge and a senior fellow at the Frontier Centre for Public Policy.
armed forces
What A Second World War Aircraft Taught Me About Remembrance Day
From the Frontier Centre for Public Policy
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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