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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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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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