MacDonald Laurier Institute
Liberalism’s civil war in the reaction to Hamas’ attack
From the MacDonald Laurier Institute
By Michael Bonner
Where is the “fine line” between free speech and offence or hatred and what does it mean not to feel safe sharing an opinion?
Are we living through an illiberal or anti-liberal moment? Observers on both poles of the political spectrum say that we are. They cite things like pulling down statues, cancel culture, contests about pronouns, online or in-person mobs, campus social justice crusades, and so on. Leftists are “woke authoritarians”, and the Right are all inspired by Hitler. Both sides assert their positions are nothing more than a defence of fundamental freedoms and accuses the other of trying to crush it. Words like “fascist”, “communist”, and “Nazi” are thrown about without clarity or precision, and each side accuses the other of undermining liberal democracy.
Now, each side in this contest is right that liberalism is under strain, but not in the way they think. Or at least, not always. Most of the strife that we have been witnessing for the past decade is not a barbarian horde hammering away at the outer defences of the liberal empire, but a civil war unfolding within it. Those on the Left who demand “safe spaces”, trigger warnings, deplatforming speakers, or cancelling of opponents with views deemed offensive often do so in the name of protecting of individual freedom or autonomy, as they understand them. And their antagonists do not oppose those things because they reject individual freedom. Far from it. Their opposition amounts to asserting other liberal values, most especially free speech and academic freedom. The outcome is a conflict between antithetical visions of liberal freedoms.
Ideally, the liberal civil war could be ended easily. Everybody would accept some reasonable limit on his or her own personal freedoms, and respect those of everybody else. Those reasonable limits used to be determined by inherited custom and habit — what some people still vestigially refer to as “norms”. You should be able to say and do what you want, but there were things that you ought not to want to say or do. Consensus held that deliberate obscenity, blasphemy, insult, and so forth, should be avoided. Such things did not always need to be outlawed; but, if they were, it was simply because law aligned with custom.
Now, it is doubtful whether any such consensual norms still exist in the postmodern West where so much emphasis is placed on individual preferences to the detriment of a harmonious society. Or, if norms still obtain, their power to shape public morality and behaviour seems greatly diminished. In the absence of shared norms, the purpose of the law becomes simply to punish the infringement of a code of conduct which a society, or a part thereof, is incapable of understanding or doesn’t see any valuing in adhering to, and this is a serious problem.
We have a symbol of this problem in the reaction to Hamas’s attack on Israel on October 7 last year. Governments, police, and university authorities have struggled to differentiate between antithetical, but equally permissible, political views and expressions of hatred or efforts to intimidate others. Former president of Harvard, Claudine Gay, was asked at an American congressional hearing whether a hypothetical call for the genocide of Jews would be a violation of Harvard’s code of conduct. “It can be, depending on the context” was her answer, and this can be taken as the high-water mark of the confusion — especially in contrast with Harvard’s iron-fisted policy on “sizeism,” “fatphobia”, “cisheterosexism,” and Hallowe’en costumes. An ever-expanding list of new crimes that no one had heard of a few years ago must always be punished severely, but a demand for mass-murder may be allowed in certain contexts, apparently.
In Canada, we have seen many emotive reactions both to the attack of October 7 and Israel’s campaign against Hamas. The death of civilians has provoked disgust and condemnation, and there have been many public protests. But some of these seem to have less to do with sympathy for victims than hatred for the other side, and their form and venue are wholly inappropriate. Ostensibly pro-Gazan demonstrations have been directed at Jewish community centres, schools, and restaurants which have no connection with Israeli military policy. A protest on the overpass at Avenue Road and the 401 in Toronto was effectively a blockade of a predominately Jewish neighbourhood.
Meanwhile, the Canadian Senate recently released a report alleging a substantial rise in incidents of Islamophobia. A mosque in Toronto was vandalised, and faeces was smeared on an Islamic centre in Ottawa — two institutions that have no connection with Hamas.
Observers unsurprisingly demand moderation. Canada’s Centre for Israel and Jewish Affairs has called for “reasonable limits” to public protest, so as to exclude deliberate intimidation. Israel’s ambassador to Canada has warned of a “fine line” between freedom of speech and what he calls “freedom of hate.” And Amira Elghawaby, Canada’s federal Anti-Islamophobia Envoy, seems to encourage a renewed commitment to free speech, which seems to have been stifled, since “Canada’s Muslim, Arab and Palestinian communities right now do not feel fully safe to share their views on what’s happening in Gaza”.
Unfortunately, such exhortations, well-meaning and reasonable though they may be, will probably not have any beneficial effect. No moderation or limitation will be possible unless people can agree on where that “fine line” is, what it means to be “fully safe”, what public protest ought to look like, and where it should take place. In the absence of public consensus on those matters, governments may be forced to legislate. Karamveer Lalh has argued that spontaneous protest could be restricted to areas around government buildings and possibly forbidden elsewhere without a permit. Such a policy would not be above criticism, but it would at least attempt a balance between civil liberties and the state’s duty to protect its citizens. But if this failed, as it very well could, more draconian measures would surely follow.
Increasingly rigorous guidance and crackdowns on the location of public protests, though, would not address the other questions. Where is the “fine line” between free speech and offence or hatred and what does it mean not to feel safe sharing an opinion? Society cannot define and punish mere offence by relying on the subjective experience of individuals, as there is no form of speech that will not potentially offend someone.
Hate speech is a different matter. But the bar for hate speech is already so high that it is not even clear where it is. Our present law is directed against very extreme expressions of vilification and detestation, not mere disliking or antipathy. Obviously, it would be bad to find oneself on the wrong side of this law, but that happens rarely. Nevertheless, the fear that political opinions could potentially be construed as support for mass-murder has been enough to get some people fired or censured. Amira Elghawaby’s implication that one should feel safe to utter an opinion seems reasonable in principle, but this cannot mean that there should no prospect of objection or reaction.
And so, we find ourselves back in the middle of the liberal civil war. Though it is tempting to assert that the main solution to the problem is a renewed commitment to liberal freedoms, this cannot be right. Everyone already seems to believe in one vision or another of those freedoms, even —perhaps especially — when they conflict. The law may succeed in punishing people, and it may even reimpose order for a time. But can it teach us to be civil and to disagree peacefully? We are going to find out soon.
Dr Michael Bonner is a political consultant and former Director of Policy within the Government of Ontario. He is also a historian of ancient Iran and is the author of the new book In Defense of Civilization: How Our Past Can Renew Our Present.
MacDonald Laurier Institute
Macdonald should not be judged through the warped lens of presentism
From the Macdonald Laurier Institute
By Patrice Dutil for Inside Policy
Sir John A. Macdonald was born January 11, in 1815 – but too often he is judged as if he was born in the late 20th century, not 210 years ago.
It seems that for many politicians, school officials, and members of the media, this is sometimes a difficult feat.
It’s not a new habit of mind – in the mid-nineteenth century, the eminent German philosopher and historian Leopold Ranke was so outraged by those who arrogantly dismissed the motives of historical figures that he dedicated a series of lectures on the topic. He declared that “every age is next to God,” explaining that historical periods had to be judged by how the almighty would have seen the events unfold; man’s actions would be measured by His commandments and in their own time, not by the standards of a new age.
The temptation to dismiss the past as “inferior” stood against reason itself. One could not condemn previous generations for their weak knowledge and prejudices. History could not be read “backwards,” and the “Middle Ages,” for instance, could only be considered as undeveloped by people who simply did not have the knowledge to appreciate them. Times were different and progress, whatever that was, was something that happened by fits and starts. “History is no criminal court,” Ranke declared.
Over the past fifteen years a number of commentators and scholars, including the collective leadership of the Canadian Historical Association, have condemned Macdonald and his governments as particularly unworthy. His memory has been erased from schools and streets, while nine of the eleven monuments erected in his memory across the country have been removed from public view. Macdonald is seen as source of shame because he inaugurated a new wave of residential schools and because of his treatment of Métis and Indigenous communities in the West.
This is fundamentally wrong-minded because Macdonald cannot be held responsible for things he did not do. His goal in establishing residential schools was to offer an education to Indigenous children – boys and girls – who could not go to school because their numbers in remote communities were too small. There is no evidence that children perished in those schools during his tenure in power though it is undeniable that many of them were ill.
The evidence also shows that Macdonald and his government were highly responsive in reacting to the transformative crisis that beset the Indigenous peoples on the Prairies during the late 1870s and 1880s by providing food rations, inoculations and instructors as well as tools to help communities learn the hard art of farming.
Were there unintended victims? Did Indigenous peoples lose a part of their culture as a result of the grand transformation imposed on them in the second half of the nineteenth century? Undeniably. But it is also undeniable that without the blanket of protection provided by Macdonald, the consequences would have been far worse.
Did he succeed unequivocally? Hardly. But he tried. He spent the money, elaborated new programs, and sought the best outcomes possible during an era when governments simply did not venture into social and economic policy.
Macdonald’s behaviour in 1885 – the most trying year of his career – is an effective prism through which to examine his career. In 1885, he faced a series of crises, including pressure from Great Britain to join a military campaign in Sudan, a new US president that sought to rip up commercial deals with Canada, a smallpox epidemic in Quebec, an insurrection in the North-West, led by Metis firebrand Louis Riel, and a backlash in Quebec when Riel was hanged for treason. He also needed to rescue a financially floundering Canadian Pacific Railway.
That year was incredibly trying for Canada’s first prime minister: it consisted of a cascade of twists, controversies, triumphs, and violence. Through it all, Macdonald creatively dealt with foreign affairs, Indigenous questions, democratic rights, nationhood, immigration, critical infrastructure, the role of the state, of memory, environmental issues, and life and death.
In this messy, chaotic world of politics, Macdonald acted sometimes strategically, sometimes improvisationally. He was at times entirely cerebral; sometimes he performed his emotions in order to convince more people. The journalist Edward Farrer observed that Macdonald had a knack for appearing “frail,” and always “asked people to support him on that account.” It worked. Writing in 1910, Farrer conceded that Macdonald had “a sagacity for meeting each political situation as it arose” and that, in hindsight, his policies were clearly popular with the voters (he won six majorities in his years as prime minister).
Commentators and historians should be dedicated to the task of explaining how Macdonald maintained his popularity during his long career, instead of viewing – and dismissing – his accomplishments through the warped lens of presentism.
Patrice Dutil is a senior fellow at the Macdonald-Laurier Institute. His new book is Sir John A. Macdonald and the Apocalyptic Year 1885 (Sutherland House).
Business
Canada needs to get serious about securing its border
From the Macdonald Laurier Institute
By Todd Hataley for Inside Policy
US President-elect Donald Trump has made clear his intention to call out Canada on weak enforcement on migration, money laundering, and the cross-border trafficking of narcotics, especially fentanyl.
Until just very recently, Canada has remained largely silent on these issues. Security agencies, such as the Royal Canadian Mounted Police (RCMP), Ontario Provincial Police (OPP), Sûreté du Québec (SQ) and the Canada Border Services Agency (CBSA), have tried to secure the border via memorandums of understanding, framework agreements, and legislated agreements that allow them to share information and even work together.
However, resources are limited for cross-border law enforcement co-operation. CBSA remains understaffed and RCMP Integrated Border Enforcement Teams (which work with US security agencies) have limited geographic reach, leaving much of the enforcement between ports of entry left to police of jurisdiction, who already are hard pressed to provide services to the communities they serve.
The Canadian government’s apparent strategy of largely ignoring the problem is becoming more difficult to maintain. With the United States Border Patrol intercepting increasing numbers of illegal migrants crossing into that country from Canada, it’s clear the porous border is a concern. Exacerbating the situation is the recent discovery of illegal narcotic super labs in Canada – where production far outstrips the market – and Canada’s unfortunate, albeit well-deserved reputation as a haven for global money launderers.
Thanks to Trump’s 25 per cent tariff threat, the crisis is now endangering Canada’s relationship with its largest and most-important trading partner. This announcement sent all sectors of government and the private sector into a frenzy, prompting Prime Minister Justin Trudeau to fly to Florida to seek out an early audience with Trump at his Mar-a-lago resort home. Trudeau’s team spun the trip as proof that the federal government is serious about working with the US to address its border security and public safety concerns.
But with political crises piling up, it will be difficult for Trudeau to also manage the political optics of kowtowing to Trump, who is widely unpopular among Canadians. Spending extra money to appease Trump during the ongoing housing, immigration, and health care crises could make the Trudeau’s popularity nosedive even further. Adding insult to injury, Trump is essentially demanding that Canada do America’s work by stopping illicit goods and people from entering the United States: customs and border security officials generally work on the principle of stopping goods from entering their country.
Trudeau faces many practical challenges, including the need to ramp up the number of border and law enforcement agents who have the skill sets and training required to police offences such as drug production, money laundering, and the cross-border smuggling of goods and humans. Purchasing helicopters and drones to conduct surveillance will do little to aid enforcement, since most goods smuggled across the border pass through legitimate border crossings. RCMP Commissioner Mike Duheme even suggested putting RCMP cadets along the border – a challenging proposition since vast swathes of the border are either wilderness or water. Surveillance is one thing, but the act of enforcement takes skilled people with the capacity to investigate, gather evidence, and articulate that evidence into something that can be used by the courts for convictions. These concerns are not being addressed in this current frenzy to spend money on border security.
There is also good evidence that fortifying the border, or what has become known as forward deployment along the border, does nothing to stop the cross-border transit of contraband goods and people. One need only look as far as the United States-Mexico border to see the failure of forward deployment.
As authorities increase border enforcement activities, the costs of smuggling goods and people mounts for criminals. Eventually, it drives out amateurs, leaving only the professional, skilled, and well-equipped criminal groups. This, in turn, often leads to increasing levels of violence along the border, making interdiction and disruption far more difficult for law enforcement agencies.
Canada has several clear options to address Trump’s border concerns. It can increase the staffing of frontline CBSA officers, including border agents, inland enforcement units that actively investigate and remove individuals from Canada, international liaison officers, and customs processing staff. It can also create a plan for CBSA to take over enforcement between ports of entry. Currently, CBSA enforces entry into Canada at the ports of entry and the RCMP are responsible for the areas in between. Having a single agency manage the border builds capacity and expertise, avoiding inter-bureaucracy competition and confusion.
Canada can also work to better integrate law enforcement, intelligence units, and border services at all levels of government and across international boundaries. Cross-border crime operations are often planned and execute far from the border.
Some of this already takes place, as noted above, but it needs to go much deeper and be more supportive at both institutional and individual levels. This process must also include private sector stakeholders: companies such as FedEx, UPS, and Amazon, as well as freight forwarders, trucking companies, and customs brokers, are all involved in cross-border trade. Their participation as partners in reducing cross-border criminal activity is essential.
Finally, the government needs to designate laws specific to cross-border crime and include meaningful penalties as a means of deterrence.
Hyper-focusing on the border while ignoring other aspects of cross-border crime may be good political optics, but it is a bad strategy. What we really need is functional enforcement – including an integrated process extended vertically and horizontally across all sectors of border stakeholders, at and away from the border, supported by strong policy and legislation. This is the path forward to better cross-border crime enforcement.
Dr. Todd Hataley is a professor in the School of Justice and Community Development at Fleming College. A retired member of the Royal Canadian Mounted Police, he worked as an investigator in organized crime, national security, cross-border crime, and extra-territorial torture. He is a contributor to the Macdonald-Laurier Institute.
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