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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.

Agriculture

The Climate Argument Against Livestock Doesn’t Add Up

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From the Frontier Centre for Public Policy

By Joseph Fournier

Livestock contribute far less to emissions than activists claim, and eliminating them would weaken nutrition, resilience and food security

The war on livestock pushed by Net Zero ideologues is not environmental science; it’s a dangerous, misguided campaign that threatens global food security.

The priests of Net Zero 2050 have declared war on the cow, the pig and the chicken. From glass towers in London, Brussels and Ottawa, they argue that cutting animal protein, shrinking herds and pushing people toward lentils and lab-grown alternatives will save the climate from a steer’s burp.

This is not science. It is an urban belief that billions of people can be pushed toward a diet promoted by some policymakers who have never worked a field or heard a rooster at dawn. Eliminating or sharply reducing livestock would destabilize food systems and increase global hunger. In Canada, livestock account for about three per cent of total greenhouse gas emissions, according to Environment and Climate Change Canada.

Activists speak as if livestock suddenly appeared in the last century, belching fossil carbon into the air. In reality, the relationship between humans and the animals we raise is older than agriculture. It is part of how our species developed.

Two million years ago, early humans ate meat and marrow, mastered fire and developed larger brains. The expensive-tissue hypothesis, a theory that explains how early humans traded gut size for brain growth, is not ideology; it is basic anthropology. Animal fat and protein helped build the human brain and the societies that followed.

Domestication deepened that relationship. When humans raised cattle, sheep, pigs and chickens, we created a long partnership that shaped both species. Wolves became dogs. Aurochs, the wild ancestors of modern cattle, became domesticated animals. Junglefowl became chickens that could lay eggs reliably. These animals lived with us because it increased their chances of survival.

In return, they received protection, veterinary care and steady food during drought and winter. More than 70,000 Canadian farms raise cattle, hogs, poultry or sheep, supporting hundreds of thousands of jobs across the supply chain.

Livestock also protected people from climate extremes. When crops failed, grasslands still produced forage, and herds converted that into food. During the Little Ice Age, millions in Europe starved because grain crops collapsed. Pastoral communities, which lived from herding livestock rather than crops, survived because their herds could still graze. Removing livestock would offer little climate benefit, yet it would eliminate one of humanity’s most reliable protections against environmental shocks.

Today, a Maasai child in Kenya or northern Tanzania drinking milk from a cow grazing on dry land has a steadier food source than a vegan in a Berlin apartment relying on global shipping. Modern genetics and nutrition have pushed this relationship further. For the first time, the poorest billion people have access to complete protein and key nutrients such as iron, zinc, B12 and retinol, a form of vitamin A, that plants cannot supply without industrial processing or fortification. Canada also imports significant volumes of soy-based and other plant-protein products, making many urban vegan diets more dependent on long-distance supply chains than people assume. The war on livestock is not a war on carbon; it is a war on the most successful anti-poverty tool ever created.

And what about the animals? Remove humans tomorrow and most commercial chickens would die of exposure, merino sheep would overheat under their own wool and dairy cattle would suffer from untreated mastitis (a bacterial infection of the udder). These species are fully domesticated. Without us, they would disappear.

Net Zero 2050 is a climate target adopted by federal and provincial governments, but debates continue over whether it requires reducing livestock herds or simply improving farm practices. Net Zero advocates look at a pasture and see methane. Farmers see land producing food from nothing more than sunlight, rain and grass.

So the question is not technical. It is about how we see ourselves. Does the Net Zero vision treat humans as part of the natural world, or as a threat that must be contained by forcing diets and erasing long-standing food systems? Eliminating livestock sends the message that human presence itself is an environmental problem, not a participant in a functioning ecosystem.

The cow is not the enemy of the planet. Pasture is not a problem to fix. It is a solution our ancestors discovered long before anyone used the word “sustainable.” We abandon it at our peril and at theirs.

Dr. Joseph Fournier is a senior fellow at the Frontier Centre for Public Policy. An accomplished scientist and former energy executive, he holds graduate training in chemical physics and has written more than 100 articles on energy, environment and climate science.

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Frontier Centre for Public Policy

Canada Lets Child-Porn Offenders Off Easy While Targeting Bible Believers

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From the Fr0ntier Centre for Public Policy

By Lee Harding

Judges struck down one-year minimum prison sentences for child pornography possession. Meanwhile, the chair of the Parliamentary Human Rights Committee publicly stated that religious scriptures condemning homosexuality are “hateful.” Lee Harding says the 1982 Charter has led to an inversion of Canadian values.

Light sentences for child-porn possession collide with federal signals that biblical texts could be prosecuted as hate

Was Canada’s 1982 Charter meant to condemn the Bible as hate literature or to weaken sentencing for child pornography? Like it or not, that is the direction post-Charter Canada is moving.

For Halloween, the black-robed justices at the Supreme Court of Canada ruled that a one-year mandatory sentence for accessing or possessing child sexual abuse materials amounted to “cruel and unusual punishment.” The judgment upheld a similar ruling from the Quebec Court of Appeal.

A narrow 5-4 majority leaned on a hypothetical. If an 18-year-old received a sexually explicit image from a 17-year-old girlfriend, that image would technically be child porn. If prosecuted, the recipient could face a one-year minimum sentence. On that basis, the judges rejected the entire minimum sentence law.

But the real case before them was far more disturbing. Two Quebec men possessed images and videos that were clearly the result of abuse. One had 317 unique images of child porn, with 90 per cent showing girls aged three to six years old forced into penetration and sodomy by adults or other minors. The other had 531 images and 274 videos of girls aged five to 10 engaged in sexual acts, including anal and vaginal penetration and, in some cases, multiple children.

The sentences were light. The first offender received 90 days of intermittent imprisonment, served concurrently, plus 24 months of probation. The second received nine months of imprisonment and the same probation period. How is this acceptable?

The judgment did not emerge without warning. Daniel A. Lang, a Liberal campaign chair appointed to the Senate by Lester B. Pearson, saw this coming more than 40 years ago. On April 23, 1981, he expressed concerns that the new Constitution could be used to erode basic decency laws. He pointed to the U.S. experience and predicted that Canada could face a wave of cases challenging laws on “obscenity, pornography and freedom of speech,” leading to the “negation of federal or provincial legislation.”

His warning has come true. If Parliament wants to restore mandatory minimum sentences, it can do so by passing a new law that removes the obscure scenario judges used to strike them down. Section 33, the notwithstanding clause, gives elected officials the power to override court rulings for up to five years at a time.

This reflects Canada’s own system. In the British tradition Canada inherited, Parliament—not the courts—is the ultimate authority. British common law developed over centuries through conventions and precedents shaped by elected lawmakers. Section 33 protects that balance by ensuring Parliament can still act when judges disagree.

There is a democratic check as well. If a government uses Section 33 and voters believe it made the wrong call, they can remove that government at the next election. A new government can then follow the judges’ views or let the old law expire after five years. That accountability is precisely why Section 33 strengthens democracy rather than weakening it.

Yet today, Ottawa is working to limit that safeguard. In September, the Carney Liberals asked the Supreme Court to rule on new limits to how legislatures can use Section 33. Five premiers wrote to Carney to oppose the move. Former Newfoundland and Labrador premier Brian Peckford, the last living signatory to the agreement that produced the 1982 Constitution Act, has also condemned the attempt as wrongful.

The judges will likely approve the new limits. Why would they refuse a chance to narrow the one tool elected governments have to get around their rulings? For decades, the Supreme Court has made a habit of striking down laws, telling Parliament it is wrong and forcing political change.

And while minimum sentences for child-porn offenders fall, the Carney cabinet is focused on something else entirely: prosecuting Bible believers for alleged hate.

The quiet part was said out loud by Montreal lawyer Marc Miller, former minister of immigration and citizenship and chair of the Parliamentary Human Rights Committee. On Oct. 30, he told the committee, “In Leviticus, Deuteronomy, Romans, there’s other passages, there’s clear hatred towards, for example, homosexuals.”

The former minister added, “There should perhaps be discretion for prosecutors to press charges … [T]here are clearly passages in religious texts that are clearly hateful.”

That is the former minister’s view. Instead of Bible thumpers, we now have Charter thumpers who use their “sacred” document to justify whatever interpretation suits their cause and wield it against their ideological opponents. When wokeness hardens into dogma, disagreement becomes heresy. And we know what happens to heretics.

A country that lets child-porn offenders off easy while it hunts down Bible believers for fines and possible prison has lost its way. Most Canadians would reject this trade-off, but their rulers do not, whether in cabinet or on the judges’ bench. A dark shadow is settling over the country.

Lee Harding is a research fellow for the Frontier Centre for Public Policy

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