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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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TMU Medical School Sacrifices Academic Merit to Pursue Intolerance

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From the Frontier Centre for Public Policy

By Susan Martinuk

Race- (and other-) based admissions will inevitably pave the way to race- (and other-) based medical practices, which will only further the divisions that exist in society. You can’t fight discrimination with more discrimination.

Perhaps it should be expected that a so-obviously ‘woke’ institution as the Toronto Metropolitan University (TMU) would toss aside such antiquated concepts as academic merit as it prepares to open its new medical school in the fall of 2025.

After all, until recently, TMU was more widely known as Ryerson University. But it underwent a rapid period of self-flagellation, statue-tipping and, ultimately, a name change when its namesake, Edgerton Ryerson, was linked (however indirectly) to Canada’s residential school system.

Now that it has sufficiently cleansed itself of any association with past intolerance, it is going forward with a more modern form of intolerance and institutional bias by mandating a huge 80% diversity quota for its inaugural cohort of medical students.

TMU plans to fill 75 of its 94 available seats via three pathways for “equity-deserving groups” in an effort to counter systemic bias and eliminate barriers to success for certain groups. Consequently, there are distinct admission pathways for “Indigenous, Black and Equity-Deserving” groups.

What exactly is an equity-deserving group? It’s almost any identity group you can imagine – that is, except those who identify as white, straight, cisgender, straight-A, middle- and/or upper-class males.

To further facilitate this grand plan, TMU has eliminated the need to write the traditional MCAT exam (often used to assess aptitude, but apparently TMU views it as a barrier to accessing medical education). Further, it has set the minimum grade point average at a rather average 3.3 and, “in order to attract a diverse range of applicants,” it is accepting students with a four-year undergrad degree from any field.

It’s difficult to imagine how such a heterogenous group can begin learning medicine at the same level. Someone with an advanced degree in physiology or anatomy will be light years ahead of a classmate who gained a degree by dissecting Dostoyevsky.

Finally, it should be noted that in “exceptional circumstances” any of these requirements can be reconsidered for, you guessed it, black, indigenous or other equity-deserving groups.

As for the curriculum itself, it promises to be “rooted in community-driven care and cultural respect and safety, with ECA, decolonization and reconciliation woven throughout” which will “help students become a new kind of physician.”

Whether or not this “new kind of physician” will be perceived as fully credible, however, is yet to be seen. Because of its ‘woke’ application process, all TMU medical graduates will be judged differently no matter how skilled they may be and even when physicians are in short supply. Life and death decisions are literally in their hands, and in such cases, one would think that medical expertise is far more important than sharing the same pronouns.

Frankly, if students need a falsely inclusive environment where all minds think alike to feel safe and a part of society, then maybe they aren’t cut out to become doctors who will treat all people equally. After all, race- (and other-) based admissions will inevitably pave the way to race- (and other-) based medical practices, which will only further the divisions that exist in society. You can’t fight discrimination with more discrimination.

It’s ridiculous to use medical school enrollments as a means of resolving issues of social injustice. However, from a broader perspective, this social experiment echoes what is already happening in universities across Canada. The academic merit of individuals is increasingly being pushed aside to fulfill quotas based on gender or even race.

One year ago, the University of Victoria made headlines when it posted a position for an assistant professor in the music department. The catch is that the selection process was limited to black people. Education professor Dr. Patrick Keeney points out that diversity, equity and inclusion policies are reshaping core operations at universities. Grants and prestigious research chair positions are increasingly available only to visible minorities or other identity groups.

Non-academic considerations are given priority, and funding is contingent on meeting minority quotas.

Consequently, Keeney states that the quality of education is falling and universities that were once committed to academic excellence are now perceived as institutions to pursue social justice.

Diversity is a legitimate goal, but it cannot – and should not — be achieved by subjugating academic merit to social experimentation.

Susan Martinuk is a Senior Fellow with the Frontier Centre for Public Policy and author of Patients at Risk: Exposing Canada’s Health-care Crisis.

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From Batoche to Kandahar: Canada’s Sacrifices for Peace

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From the Frontier Centre for Public Policy

By Gerry Bowler

There is a grave on a riverbank near Batoche, Saskatchewan. It contains the remains of a soldier from Ontario who died in 1885 under General Middleton during the last battle of the Northwest Rebellion. It has been tended for almost 150 years by the Métis families whose ancestors had fought against him. His name was Gunner William Phillips and he was 19 years old.

Up a dirt road in the Boshof District of Free State, South Africa is a memorial garden in which are buried the 34 bodies of Canadians killed at the Battle of Paardeberg in 1900. They fell driving a Boer kommando off the heights where they had been dug in and inflicting severe casualties on the British forces below.  Private Zachary Richard Edmond Lewis of the Royal Canadian Regiment lies there. He was the son of Millicent Lewis and was 27 years old.

On April 22, 1915 the German army launched its first poison gas attack on Allied trenches near Ypres, Belgium during the First World War. When French troops on their flanks broke and ran, the 1st Canadian Division stood fast amid the chlorine cloud and repelled their attackers, suffering 2,000 casualties in the process. On the grave of Private Arthur Ernest Williams of the 8th Battalion are the words “Remember, He Who Yields His Life is a Soldier and a Man.” Private Williams was 16 years old.

When the Japanese invaded Hong Kong in December 1941, Canadian troops from the Winnipeg Grenadiers were there to resist them. Among them was Sergeant-Major J.R. Osborn whose men were surrounded and subject to grenade attacks. Osborn caught several of these and flung them back but when one could not be retrieved in time he threw himself on the grenade as it exploded trying to save his men. His body was never found after the battle but his name is inscribed on a monument in Sai Wan Bay War Cemetery.

In the hills south of Algiers is Dely Ibrahim Cemetery. This is where they buried the body of RCAF Pilot Officer John Michael Quinlan after the crash of his Wellington bomber in March, 1944. He was a movie-star handsome student from Prince Albert, Saskatchewan and my father’s best friend in the squadron. I carry his family name as my middle name as does my little grand-daughter.

The Kandahar Cenotaph in the Afghanistan Memorial Hall at National Defence Headquarters in Ottawa honours those Canadians who died fighting Islamic terrorists. 158 stones are bearing the faces of the soldiers who were repatriated from where they fell and now are buried in graves in their home communities across the country. One of those stones commemorates Warrant Officer Gaétan Joseph Francis Maxime Roberge of the Royal 22nd Regiment who is buried in a cemetery in Sudbury. He was 45 when he was killed by a bomb. He left behind a wife, an 11-year-old daughter and twin 6-year-old girls.

On November 11, we pause to remember the 118,000 Canadian men and women who died fighting, among others, Fenian invaders, Islamic jihadis in Sudan, the armies of Kaiser Wilhelm, Benito Mussolini, and Imperial Japan, Nazi SS Panzer regiments, Chinese and North Korean forces, ethnic warlords in the Balkans, and the Taliban. They died in North Atlantic convoys, in French trenches, in primitive field hospitals, on beaches in Normandy, in the air over England, on frozen hills in Korea, in jungle POW camps, on peace-keeping duty in Cyprus, in the Medak Pocket in Croatia, and in the mountain passes of Afghanistan. We also remember the hundreds of thousands more who returned home alive, but mutilated, shattered in body and mind, the families deprived of sons, fathers, and brothers, and the communities who lost teachers, hockey players, volunteers, pastors, nurses, and neighbours.

We remember them because in honouring their memory we honour the values on which Canada was built. They did not die to create a Canadian empire, acquire foreign territory or satisfy some ruler’s grandiosity; they fought and suffered to protect parliamentary democracy, freedom of expression and religion, a tolerant society, and the right to live in peace.

On November 11, let us be clear that the prosperity and tranquility enjoyed today by North Americans, Europeans, South Koreans, Japanese, Indians, Malaysians, Singaporeans, Filipinos, etc., etc., were purchased with the blood of heavily-armed men in military uniform, many of them with maple leaf patches on their shoulders. A country which is contemptuous towards its duty to maintain its armed forces, where schools forbid personnel in service dress from attending remembrance assemblies lest their presence makes children and parents “feel unsafe,” or where Forces chaplains are instructed to avoid religious language or symbols in services commemorating our dead, is a nation lost to its memories and unlikely to have much of a future.

KILLED IN ACTION. BELOVED DAUGHTER OF ANGUS & MARY MAUD MACDONALD,

Nursing Sister Katherine MacDonald, Canadian Army Nursing Service, May 19th 1918

 

HE WOULD GIVE HIS DINNER TO A HUNGRY DOG AND GO WITHOUT HIMSELF.

Gunner Charles Douglas Moore, Canadian Anti-Aircraft Battery, September 19th 1917

 

BREAK, DAY OF GOD, SWEET DAY OF PEACE, AND BID THE SHOUT OF WARRIORS CEASE.

Sergeant Wellesley Seymour Taylor, 14th Battalion, May 1st 1916

 

Gerry Bowler, historian, is a Senior Fellow at the Frontier Centre for Public Policy

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