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Frontier Centre for Public Policy

How Canadians lost the rule of law

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From the Frontier Centre for Public Policy

By Colin Alexander

Universal problems are evident in the rejection of Jordan Peterson’s appeal against Ontario’s College of Psychologists (CPO) in Divisional Court. They had sought to re-educate him as a condition for retaining his license—because he openly ridiculed public figures. But as Dr. Peterson related in the National Post, October 11, they’ve failed to find a brainwasher for him.

Precedent now confirms that unaccountable tribunals may override apparent Charter rights. That may declare as unacceptable anyone’s contrary opinion or peaceful protest. Dr. Peterson’s case follows the way the courts clobbered supporters of the 2022 Freedom Convoy protest on Parliament Hill. Now members of all regulated professions are especially at risk, including doctors, lawyers and teachers. Instead of protecting citizens from overreach, the courts have become the instrument for enforcing tyranny.

As the Toronto Star reported on the first press conference by Chief Justice Richard Wagner in 2018, he said his court was “the most progressive in the world.” Today, progressive is synonymous with the absurdities that Dr. Peterson ridiculed. Wanjiru Njoya, a legal scholar at the University of Exeter has been quoted as saying that the courts automatically define as unreasonable any perspectives falling outside progressive boundaries.

A further foundational problem is that judges now routinely preside over cases where they have an obvious bias or personal connection, and then defer to those interests. Canadian judges should follow this admonition in the American Judicial Code? “Any justice, judge, or magistrate judge … shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Justice Paul Schabas wrote the Decision for Dr. Peterson’s appeal before Divisional Court. However, he had previously been involved, personally, on the side of the argument opposite that of Dr. Peterson. In June 2018, as head of the Law Society of Ontario (LSO), he oversaw the imposition on lawyers of their controversial Statement of Principles (SOP). As a condition of licensing, it required a commitment to Equity, Social and (Corporate) Governance (ESG). Later, the LSO withdrew it following protests like African-Canadian Elias Munshya’s in Canadian Lawyer: “Lawyers play an essential role in our society; that role, however, does not include becoming state agents that parrot state-sponsored speech.”

Chief Justice Wagner  recently confirmed that courts may now freely override common law precedent. He said that: “Apart from considering [historic] decisions as part of our legal cultural heritage, no one today will refer to a decision from 1892 to support his claim.” He added that “sometimes a decision from five years ago is an old decision ….”

Accordingly, the Supreme Court had simply disregarded century-old precedents when declaring Marc Nadon ineligible to join their club. My book Justice on Trial explains that many earlier appointments did not meet their newfound qualifications.

The subjective word “reasonable” supports much of Canada’s problematic jurisprudence. Absent objective criteria, judges reward friends and crush others as they may.

Justice Schabas said several comments similar to this one were unacceptable: “Dr. Peterson posted a tweet in May 2022, in which he commented on a Sports Illustrated Swimsuit Edition cover with a plus-sized model, saying: ‘Sorry. Not Beautiful. And no amount of authoritarian tolerance is going to change that.’”

Dr. Peterson objected that the CPO’s Code of Ethics should not constrain such “off duty opinions.”  The Code says “[p]ersonal behaviour becomes a concern of the discipline only if it is of such a nature that it undermines public trust in the discipline as a whole or if it raises questions about the psychologist’s ability to carry out appropriately his/her responsibilities as a psychologist.” So which magazines’ cover pictures are not of public interest?

Justice Schabas continued, “The [CPO’s investigating] Panel also noted Dr. Peterson’s reliance on the Supreme Court’s decision in Grant v. Torstar, 2009 SCC 61, [2009] 3 SCR 640, a defamation case which held at para. 42, that “freedom of expression and respect for vigorous debate on matters of public interest have long been seen as fundamental to Canadian democracy … all Canadian laws must conform to it.” Why did Justice Schabas override this settled law?

Europe’s Charter of Fundamental Rights says, “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” So how can a right be fundamental in other free and democratic countries but not in Canada?

And why did the court of Chief Justice Wagner decline to hear Dr. Peterson’s appeal and allow Justice Schabas’ decision to stand? No prize for your answer!

As long advocated by The Globe & Mail and The Toronto Star, Dr. Peterson’s case shows the need to end self-regulation and in-house discipline for lawyers and judges. That happened for lawyers for England and Wales in 2007. So why not in Canada?

Ottawa resident Colin Alexander’s latest books are Justice on Trial: Jordan Peterson’s case shows the need to fix a broken system; and Ballad of Sunny Ways: Popular traditional verse about living, loving and money.

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Hudson’s Bay Bid Raises Red Flags Over Foreign Influence

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From the Frontier Centre for Public Policy

By Scott McGregor

A billionaire’s retail ambition might also serve Beijing’s global influence strategy. Canada must look beyond the storefront

When B.C. billionaire Weihong Liu publicly declared interest in acquiring Hudson’s Bay stores, it wasn’t just a retail story—it was a signal flare in an era where foreign investment increasingly doubles as geopolitical strategy.

The Hudson’s Bay Company, founded in 1670, remains an enduring symbol of Canadian heritage. While its commercial relevance has waned in recent years, its brand is deeply etched into the national identity. That’s precisely why any potential acquisition, particularly by an investor with strong ties to the People’s Republic of China (PRC), deserves thoughtful, measured scrutiny.

Liu, a prominent figure in Vancouver’s Chinese-Canadian business community, announced her interest in acquiring several Hudson’s Bay stores on Chinese social media platform Xiaohongshu (RedNote), expressing a desire to “make the Bay great again.” Though revitalizing a Canadian retail icon may seem commendable, the timing and context of this bid suggest a broader strategic positioning—one that aligns with the People’s Republic of China’s increasingly nuanced approach to economic diplomacy, especially in countries like Canada that sit at the crossroads of American and Chinese spheres of influence.

This fits a familiar pattern. In recent years, we’ve seen examples of Chinese corporate involvement in Canadian cultural and commercial institutions, such as Huawei’s past sponsorship of Hockey Night in Canada. Even as national security concerns were raised by allies and intelligence agencies, Huawei’s logo remained a visible presence during one of the country’s most cherished broadcasts. These engagements, though often framed as commercially justified, serve another purpose: to normalize Chinese brand and state-linked presence within the fabric of Canadian identity and daily life.

What we may be witnessing is part of a broader PRC strategy to deepen economic and cultural ties with Canada at a time when U.S.-China relations remain strained. As American tariffs on Canadian goods—particularly in aluminum, lumber and dairy—have tested cross-border loyalties, Beijing has positioned itself as an alternative economic partner. Investments into cultural and heritage-linked assets like Hudson’s Bay could be seen as a symbolic extension of this effort to draw Canada further into its orbit of influence, subtly decoupling the country from the gravitational pull of its traditional allies.

From my perspective, as a professional with experience in threat finance, economic subversion and political leveraging, this does not necessarily imply nefarious intent in each case. However, it does demand a conscious awareness of how soft power is exercised through commercial influence, particularly by state-aligned actors. As I continue my research in international business law, I see how investment vehicles, trade deals and brand acquisitions can function as instruments of foreign policy—tools for shaping narratives, building alliances and shifting influence over time.

Canada must neither overreact nor overlook these developments. Open markets and cultural exchange are vital to our prosperity and pluralism. But so too is the responsibility to preserve our sovereignty—not only in the physical sense, but in the cultural and institutional dimensions that shape our national identity.

Strategic investment review processes, cultural asset protections and greater transparency around foreign corporate ownership can help strike this balance. We should be cautious not to allow historically Canadian institutions to become conduits, however unintentionally, for geopolitical leverage.

In a world where power is increasingly exercised through influence rather than force, safeguarding our heritage means understanding who is buying—and why.

Scott McGregor is the managing partner and CEO of Close Hold Intelligence Consulting.

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Canada Urgently Needs A Watchdog For Government Waste

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From the Frontier Centre for Public Policy

By Ian Madsen

From overstaffed departments to subsidy giveaways, Canadians are paying a high price for government excess

Not all the Trump administration’s policies are dubious. One is very good, in theory at least: the Department of Government Efficiency. While that term could be an oxymoron, like ‘political wisdom,’ if DOGE is useful, so may be a Canadian version.

DOGE aims to identify wasteful, duplicative, unnecessary or destructive government programs and replace outdated data systems. It also seeks to lower overall costs and ensure mechanisms are in place to evaluate proposed programs for effectiveness and value for money. This can, and usually does, involve eliminating some departments and, eventually, thousands of jobs. Some new roles within DOGE may need to become permanent.

The goal in the U.S. is to lower annual operating costs and ensure that the growth in government spending is lower than in revenues. Washington’s spending has exploded in recent years. The U.S. federal deficit exceeds six per cent of gross domestic product. According to the U.S. Treasury Department, annual debt service cost is escalating unsustainably.

Canada’s latest budget deficit of $61.9 billion in fiscal 2023–24 is about two per cent of GDP, which seems minor compared to our neighbour. However, it adds to the federal debt of $1.236 trillion, about 41 per cent of our approximate $3 trillion GDP. Ottawa’s public accounts show that expenses are 17.8 per cent of GDP, up from about 14 per cent just eight years ago. Interest on the escalating debt were 10.2 per cent of revenues in the most recent fiscal year, up from just five per cent a mere two years ago.

The Canadian Taxpayers Federation (CTF) continually identifies dubious or frivolous spending and outright waste or extravagance: “$30 billion in subsidies to multinational corporations like Honda, Volkswagen, Stellantis and Northvolt. Federal corporate subsidies totalled $11.2 billion in 2022 alone. Shutting down the federal government’s seven regional development agencies would save taxpayers an estimated $1.5 billion annually.”

The CTF also noted that Ottawa hired 108,000 more staff in the past eight years at an average annual cost of over $125,000. Hiring in line with population growth would have added only 35,500, saving about $9 billion annually. The scale of waste is staggering. Canada Post, the CBC and Via Rail lose, in total, over $5 billion a year. For reference, $1 billion would buy Toyota RAV4s for over 25,600 families.

Ottawa also duplicates provincial government functions, intruding on their constitutional authority. Shifting those programs to the provinces, in health, education, environment and welfare, could save many more billions of dollars per year. Bad infrastructure decisions lead to failures such as the $33.4 billion squandered on what should have been a relatively inexpensive expansion of the Trans Mountain pipeline—a case where hiring better staff could have saved money. Terrible federal IT systems, exemplified by the $4 billion Phoenix payroll horror, are another failure. The Green Slush Fund misallocated nearly $900 million.

Ominously, the fast-growing Old Age Supplement and Guaranteed Income Security programs are unfunded, unlike the Canada Pension Plan. Their costs are already roughly equal to the deficit and could become unsustainable.

Canada is sleepwalking toward financial perdition. A Canadian version of DOGE—Canada Accountability, Efficiency and Transparency Team, or CAETT—is vital. The Auditor General Office admirably identifies waste and bad performance, but is not proactive, nor does it have enforcement powers. There is currently no mechanism to evaluate or end unnecessary programs to ensure Canadians will have a prosperous and secure future. CAETT could fill that role.

Ian Madsen is the Senior Policy Analyst at the Frontier Centre for Public Policy.

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