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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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COVID-19

Report Shows Politics Trumped Science on U.S. Vaccine Mandates

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From the Frontier Centre for Public Policy

By Lee Harding

If you thought responsible science drove the bus on the pandemic response, think again. A December 2024 report by the U.S. House of Representatives Select Subcommittee, Coronavirus Pandemic shows that political agendas made regulatory bodies rush vaccine approvals, mandates, and boosters, causing public distrust.

After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward” praised the Trump administration’s efforts to speed up vaccine development. By contrast, the report said presidential candidate Joe Biden and vice-presidential candidate Kamala Harris undermined public confidence.

“[W]hy do we think the public is gonna line up to be willing to take the injection?” Joe Biden asked on September 5, 2020. This quote appeared in a Politico article titled “Harris says she wouldn’t trust Trump on any vaccine released before [the] election.”

The House report noted, “These irresponsible statements eventually proved to be outright hypocrisy less than a year later when the Biden-Harris Administration began to boldly decry all individuals who decided to forgo COVID-19 vaccinations for personal, religious, or medical reasons.”

Millions of doses of COVID-19 vaccines were administered beginning in December 2020 under an Emergency Use Authorization. This mechanism allows unapproved medical products to be used in emergency situations under certain criteria, including that there are no alternatives. The only previous EUA was for the 2004 anthrax vaccine, which was only administered to a narrow group of people.

By the time vaccines rolled out, SARS-CoV-2 had already infected 91 million Americans. The original SARS virus some 15 years prior showed that people who recovered had lasting immunity. Later, a January 2021 study of 200 participants by the La Jolla Institute of Immunology found 95 per cent of people who had contracted SARS-CoV-2 (the virus behind COVID-19) had lasting immune responses. A February 16, 2023 article by Caroline Stein in The Lancet (updated March 11, 2023) showed that contracting COVID-19 provided an immune response that was as good or better than two COVID-19 shots.

Correspondence suggests that part of the motivation for full (and not just emergency) vaccine approval was to facilitate vaccine mandates. A July 21, 2021, email from Dr. Marion Gruber, then director of vaccine reviews for the Food and Drug Administration (FDA), recalled that Dr. Janet Woodcock had stated that “absent a license, states cannot require mandatory vaccination.” Woodcock was the FDA’s Principal Deputy Commissioner at the time.

Sure enough, the FDA granted full vaccine approval on August 23, 2021, more than four months sooner than a normal priority process would take. Yet, five days prior, Biden made an announcement that put pressure on regulators.

On August 18, 2021, Biden announced that all Americans would have booster shots available starting the week of September 20, pending final evaluation from the FDA and the U.S. Centers for Disease Control and Prevention (CDC).

Some decision-makers objected. Dr. Marion Gruber and fellow FDA deputy director of vaccine research Dr. Philip Krause had concerns regarding the hasty timelines for approving Pfizer’s primary shots and boosters. On August 31, 2021, they announced their retirements.

According to a contemporary New York Times article, Krause and Gruber were upset about Biden’s booster announcement. The article said that “neither believed there was enough data to justify offering booster shots yet,” and that they “viewed the announcement, amplified by President Biden, as pressure on the F.D.A. to quickly authorize them.”

In The Lancet on September 13, 2021, Gruber, Krause, and 16 other scientists warned that mass boosting risked triggering myocarditis (heart inflammation) for little benefit.

“[W]idespread boosting should be undertaken only if there is clear evidence that it is appropriate,” the authors wrote. “Current evidence does not, therefore, appear to show a need for boosting in the general population, in which efficacy against severe disease remains high.”

Regardless, approval for the boosters arrived on schedule on September 24, 2021. CDC Director Dr. Rochelle Walensky granted this approval, but for a wider population than recommended by her advisory panel. This was only the second time in CDC history that a director had defied panel advice.

“[T]his process may have been tainted with political pressure,” the House report found.

Amidst all this, the vaccines were fully licensed. The FDA licensed the Comirnaty (Pfizer-BioNTech) vaccine on August 23, 2021. The very next day, Defense Secretary Lloyd Austin issued a memo announcing a vaccine mandate for the military. Four other federal mandates followed.

“[T]he public’s perception [is] that these vaccines were approved in a hurry to satisfy a political agenda,” the House report found.

The House report condemned the dubious process and basis for these mandates. It said the mandates “ignored natural immunity, … risk of adverse events from the vaccine, as well as the fact that the vaccines don’t prevent the spread of COVID-19.”

The mandates robbed people of their livelihoods, “hollowed out our healthcare and education workforces, reduced our military readiness and recruitment, caused vaccine hesitancy, reduced trust in public health, trampled individual freedoms, deepened political divisions, and interfered in the patient-physician relationship,” the report continued.

The same could be said of Canadian vaccine mandates, as shown by the National Citizen’s Inquiry hearings on COVID-19. Unfortunately, an official federal investigation and a resulting acknowledgement do not seem forthcoming. Politicized mandates led to profits for vaccine manufacturers but left “science” with a sullied reputation.

Lee Harding is a Research Fellow for the Frontier Centre for Public Policy.

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Energy

Why Canada Must Double Down on Energy Production

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From the Frontier Centre for Public Policy

By Lee Harding

Must we cancel fossil fuels to save the earth? No.

James Warren, adjunct professor of environmental sociology at the University of Regina said so in a recent paper for the Johnson Shoyama School of Public Policy, a joint effort by his university and the University of Saskatchewan. The title says it all: “Maximizing Canadian oil production and exports over the medium-term could help reduce CO2 emissions for the long-term.”

The professor admits on the face of it, his argument sounds like a “drink your way to sobriety solution.” However, he does make the defensible and factual case, pointing to Canadian oil reserves and a Scandinavian example.

Decades ago, Norway imitated the 1970’s Heritage Fund in Alberta that set aside a designated portion of the government’s petroleum revenues for an investment fund. Unlike Alberta, Norway stuck to that approach. Today, those investments are being used to develop clean energy and offer incentives to buy electric vehicles.

Norway’s two largest oil companies, Aker BP and Equinor ASA have committed $19 billion USD to develop fields in the North and Norwegian Seas. They argue that without this production, Norway would never be able to afford a green transition.

The same could be said for Canada. Warren laid out stats since 2010 that showed Canada’s oil exports contribute an average of 4.7% of the national GDP. Yet, this noteworthy amount is not nearly what it could be.

Had Trans Mountain, Northern Gateway, and Energy East pipelines been up and running at full capacity from 2015 to 2022, Warren estimates Canada would have seen $292 billion Canadian in additional export revenues. Onerous regulations, not diminished demand, are responsible for Canada’s squandered opportunities, Warren argues this must change.

So much more could be said. Southeast Asia still relies heavily on coal-fired power for its emerging industrialization, a source with twice the carbon emission intensity as natural gas. If lower global emissions are the goal, Canadian oil and natural gas exports offer less carbon-intensive options.

China’s greenhouse gas emissions (GHGs) are more than four times what they were in 1990, during which the U.S. has seen its emissions drop. By now, China is responsible for 30% of global emissions, and the U.S. just 11%. Nevertheless, China built 95% of the world’s new coal-fired power plants in 2023. It aims for carbon neutrality by 2060, not 2050, like the rest of the world.

As of 2023, Canada contributes 1.4 percent of global GHGs, the tenth most in the world and the 15th highest per capita. Given its development and resource-based economy, this should be viewed as an impressively low amount, all spread out over a geographically diverse area and cold climate.

This stat also reveals a glaring reality: if Canada was destroyed, and every animal and human died, all industry and vehicles stopped, and every furnace and fire ceased to burn, 98.6% of global greenhouse gas emissions would remain. So for whom, or to what end, should Canada kneecap its energy production and the industry it fuels?

The only ones served by a world of minimal production is a global aristocracy whose hegemony would no longer be threatened by the accumulated wealth and influence of a growing middle class. That aristocracy is the real beneficiary of prevailing climate change narratives on what is happening in our weather, why it is happening, and how best to handle it.

Remember, another warming period occurred 1000 years ago. The Medieval Warming Period took place between 750 and 1350 AD and was warmest from 950 to 1045, affecting Europe, North America, and the North Atlantic. By some estimates, average summer temperatures in England and Central Europe were 0.7-1.4 degrees higher than now.

Was that warming due to SUVs or other man-made activity? No. Did that world collapse in a series of floods, fires, earthquakes, and hurricanes? No, not in Europe at least. Crop yields grew, new cities emerged, alpine tree lines rose, and the European population more than doubled.

If the world warms again, Canada could be a big winner. In May of 2018, Nature.com published a study by Chinese and Canadian academics entitled, Northward shift of the agricultural climate zone under 21st-Century global climate change. If the band of land useful for crops shifts north, Canada would get an additional 3.1 million square kilometers of farmland by 2099.

Other computer models suggest warming temperatures would cause damaging weather. Their accuracy is debatable, but even if we concede their claims, it does not follow that energy production should drop. We would need more resilient housing to handle the storms and we cannot afford them without a robust economy powered by robust energy production. Solar, wind, and geothermal only go so far.

Whether temperatures are warming or not, Canada should continue tapping into the resources she is blessed with. Wealth is a helpful shelter in the storms of life and is no different for the storms of the planet. Canada is sitting on abundant energy and should not let dubious arguments hold back their development.

Lee Harding is Research Fellow for the Frontier Centre for Public Policy.

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