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Frontier Centre for Public Policy

How Canadians lost the rule of law

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7 minute read

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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armed forces

Canada’s Military Can’t Be Fixed With Cash Alone

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From the Frontier Centre for Public Policy

By Lt. Gen. (Ret.) Michel Maisonneuve

Canada’s military is broken, and unless Ottawa backs its spending with real reform, we’re just playing politics with national security

Prime Minister Mark Carney’s surprise pledge to meet NATO’s defence spending target is long overdue, but without real reform, leadership and a shift away from bureaucracy and social experimentation, it risks falling short of what the moment demands.

Canada committed in 2014 to spend two per cent of its gross national product on defence—a NATO target meant to ensure collective security and more equitable burden-sharing. We never made it past 1.37 per cent, drawing criticism from allies and, in my view, breaching our obligation. Now, the prime minister says we’ll hit the target by the end of fiscal year 2025-26. That’s welcome news, but it comes with serious challenges.

Reaching the two per cent was always possible. It just required political courage. The announced $9 billion in new defence spending shows intent, and Carney’s remarks about protecting Canadians are encouraging. But the reality is our military readiness is at a breaking point. With global instability rising—including conflicts in Ukraine and the Middle East—Canada’s ability to defend its territory or contribute meaningfully to NATO is under scrutiny. Less than half of our army vehicles, ships and aircraft are currently operational.

I’m told the Treasury Board has already approved the new funds, making this more than just political spin. Much of the money appears to be going where it’s most needed: personnel. Pay and benefit increases for serving members should help with retention, and bonuses for re-enlistment are reportedly being considered. Recruiting and civilian staffing will also get a boost, though I question adding more to an already bloated public service. Reserves and cadet programs weren’t mentioned but they also need attention.

Equipment upgrades are just as urgent. A new procurement agency is planned, overseen by a secretary of state—hopefully with members in uniform involved. In the meantime, accelerating existing projects is a good way to ensure the money flows quickly. Restocking ammunition is a priority. Buying Canadian and diversifying suppliers makes sense. The Business Council of Canada has signalled its support for a national defence industrial strategy. That’s encouraging, but none of it will matter without follow-through.

Infrastructure is also in dire shape. Bases, housing, training facilities and armouries are in disrepair. Rebuilding these will not only help operations but also improve recruitment and retention. So will improved training, including more sea days, flying hours and field operations.

All of this looks promising on paper, but if the Department of National Defence can’t spend funds effectively, it won’t matter. Around $1 billion a year typically lapses due to missing project staff and excessive bureaucracy. As one colleague warned, “implementation [of the program] … must occur as a whole-of-government activity, with trust-based partnerships across industry and academe, or else it will fail.”

The defence budget also remains discretionary. Unlike health transfers or old age security, which are legally entrenched, defence funding can be cut at will. That creates instability for military suppliers and risks turning long-term procurement into a political football. The new funds must be protected from short-term fiscal pressure and partisan meddling.

One more concern: culture. If Canada is serious about rebuilding its military, we must move past performative diversity policies and return to a warrior ethos. That means recruiting the best men and women based on merit, instilling discipline and honour, and giving them the tools to fight and, if necessary, make the ultimate sacrifice. The military must reflect Canadian values, but it is not a place for social experimentation or reduced standards.

Finally, the announcement came without a federal budget or fiscal roadmap. Canada’s deficits continue to grow. Taxpayers deserve transparency. What trade-offs will be required to fund this? If this plan is just a last-minute attempt to appease U.S. President Donald Trump ahead of the G7 or our NATO allies at next month’s summit, it won’t stand the test of time.

Canada has the resources, talent and standing to be a serious middle power. But only action—not announcements—will prove whether we truly intend to be one.

The NATO summit is over, and Canada was barely at the table. With global threats rising, Lt. Gen. (Ret.) Michel Maisonneuve joins David Leis to ask: How do we rebuild our national defence—and why does it matter to every Canadian? Because this isn’t just about security. It’s about our economy, our identity, and whether Canada remains sovereign—or becomes the 51st state.

Michel Maisonneuve is a retired lieutenant-general who served 45 years in uniform. 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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BC Ferries And Beijing: A Case Study In Policy Blindness

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From the Frontier Centre for Public Policy

By Scott McGregor

Scott McGregor warns BC Ferries’ contract with a Chinese state-owned shipbuilder reveals Canada’s failure to align procurement with national security. It is trading short-term savings for long-term sovereignty and strategic vulnerability.

BC Ferries’ recent decision to award the construction of four new vessels to China Merchants Industry (Weihai), a state-owned shipyard under the Chinese Communist Party (CCP), is a cautionary tale of strategic policy failure. While framed as a cost-effective solution to replace aging vessels, the agreement reveals a more critical issue: Canada’s persistent failure to align vital infrastructure procurement with national security and economic resilience.

The situation goes beyond transportation. It is a governance failure at the intersection of trade, security, and sovereignty.

Outsourcing Sovereignty

China Merchants Industry is part of a sprawling state-owned conglomerate, closely connected to the CCP. It is not merely a commercial player; it is a geopolitical actor. In China, these organizations thrive on a unique blend of state subsidies, long-term strategic direction, and complex corporate structures that often operate in the shadows. This combination grants them a significant competitive edge, allowing them to navigate the business landscape with an advantage that many try to replicate but few can match.

The same firms supplying ferries to BC are also building warships for the People’s Liberation Army Navy. That alone should give pause.

Yet BC Ferries, under provincial oversight, proceeded without meaningful scrutiny of these risks. No Canadian shipyards submitted bids due to capacity constraints and a lack of strategic investment. But choosing a Chinese state-owned enterprise by default is not a neutral act. It is the consequence of neglecting industrial policy.

Hybrid Risk, Not Just Hybrid Propulsion

China’s dominance in shipbuilding, now over 60% of global orders, has not occurred by chance. It is the result of state-driven market distortion, designed to entrench foreign dependence on Chinese industrial capacity.

Once that dependency forms, Beijing holds leverage. It can slow parts shipments, withhold technical updates, or retaliate economically in response to diplomatic friction. This is not speculative; it has already happened in sectors such as canola, critical minerals, and telecommunications.

Ordering a ferry, on its face, might seem apolitical. But if the shipbuilder is state-owned, its obligations to the CCP outweigh any commercial contract. That is the nature of hybrid threats to security: they appear benign until they are not.

Hybrid warfare combines conventional military force with non-military tactics (such as cyber attacks, disinformation, economic coercion, and the use of state-owned enterprises) to undermine a target country’s stability, influence decisions, or gain strategic control without resorting to open conflict. It exploits legal grey zones and democratic weaknesses, making threats appear benign until they’ve done lasting damage.

A Policy Void, Not Just a Procurement Gap

Ottawa designed its National Shipbuilding Strategy to rebuild Canadian capability, but it has failed to scale quickly enough. The provinces, including British Columbia, have been left to procure vessels without the tools or frameworks to evaluate foreign strategic risk. Provincial procurement rules treat a state-owned bidder the same as a private one. That is no longer defensible.

Canada must close this gap through deliberate, security-informed policy. Three steps are essential for the task:
Ottawa should mandate National Security reviews for critical infrastructure contracts. Any procurement involving foreign state-owned enterprises must trigger a formal security and economic resilience assessment. This should apply at the federal and provincial levels.
Secondly, when necessary, Canada should enhance its domestic industrial capabilities through strategic investments. Canada cannot claim to be powerless when there are no local bids available. Federal and provincial governments could collaborate to invest in scalable civilian shipbuilding, in addition to military contracts. Otherwise, we risk becoming repeatedly dependent on external sources.

Canada should enhance Crown oversight by implementing intelligence-led risk frameworks. This means that agencies, such as BC Ferries, must develop procurement protocols that are informed by threat intelligence rather than just cost analysis. It also involves incorporating security and foreign interference risk indicators into their Requests for Proposals (RFPs).

The Cost of Strategic Amnesia

The central point here is not only about China; it is primarily about Canada. The country needs more strategic foresight. If we cannot align our economic decisions with our fundamental security posture, we will likely continue to cede control of our critical systems, whether in transportation, healthcare, mining, or telecommunications, to adversarial regimes. That is a textbook vulnerability in the era of hybrid warfare.

BC Ferries may have saved money today. But without urgent policy reform, the long-term cost will be paid in diminished sovereignty, reduced resilience, and an emboldened adversary with one more lever inside our critical infrastructure.

Scott McGregor is a senior security advisor to the Council on Countering Hybrid Warfare and Managing Partner at Close Hold Intelligence Consulting Ltd.

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