MacDonald Laurier Institute
The Governor General deserves better, but we deserve impartiality
From the Macdonald Laurier Institute
By Philippe Lagassé
Mary Simon’s impartiality was undermined by hosting a symposium tied to controversial government legislation.
Mary Simon has been a guarded Governor General. She’s adopted a low profile since her appointment, performing her vice-regal responsibilities without much notice. When she has been in the news, it’s usually because of her efforts to learn French and costly diplomatic trips, not on account of an initiative she’s launched or a stance she’s taken. Aside from routine public statements and some championing of Indigenous reconciliation, Simon hasn’t tried to make a mark. Until last week, that is.
On April 11, Her Excellency hosted a symposium on online abuse and creating safe digital spaces. Simon has been the target of vitriol on social media, a reality she shares with many public figures, particularly women. She wants to address this problem, stressing that “we deserve better.” As far as causes go, this is a laudable one. Online abuse is a serious issue, one that can excuse and encourage physical violence and attacks. To highlight the severity of the challenge, the Governor General’s symposium featured well-known Canadians who’ve also suffered from online abuse and are determined to fight it.
Unfortunately, the Governor General’s symposium took place while a government bill on online harms is making its way through Parliament. Bill C-63, the Online Harms Act, has been the source of significant controversy, notably around its impact on free expression and the potential life sentences it imposes on certain types of hateful speech. C-63 has been criticized by law professors, civil liberties advocates, and the Conservative Party. While there may be a general consensus that online abuse is a scourge, the solution is contentious, and Bill C-63 has been the subject of serious debate.
As well-intentioned as the Governor General’s symposium was, she should never have hosted it in this context, a conclusion that’s reinforced by the Minister of Justice publicly tying the event to bill C-63. As soon as the government tabled the bill, Her Excellency should have understood that the symposium was no longer appropriate and would present a risk to her office’s impartiality.
The Governor General is the second highest office of the Canadian state, right under the King. As the King’s vice-regal representative, the Governor General performs core constitutional functions. These demand that the Governor General not only act impartially but be perceived to be impartial. This isn’t just good form, it’s a fundamental part of the job.
As part of their constitutional role, Governors General exercise the Crown’s reserve powers. These include the granting of royal assent to legislation on the advice of the houses of Parliament, proroguing and dissolving Parliament on the advice of the Prime Minister, and inviting a party leader to form a new government when the serving Prime Minister resigns. Impartiality helps shield the Governor General from partisan attacks when exercising these powers and maintains public trust in the office.
Now, to be clear, the Governor General has very limited discretion in exercising these reserve powers. As long as the Prime Minister’s party holds the confidence of the House of Commons, the Governor General must almost always accept their advice. Yet, there have been and will be cases where vice-regal representatives exercise their discretion to decide the fates of governments or guard against unconstitutional abuses of power. When these occur, we need the Governor General to be respected as a non-partisan, politically neutral office. Doubts about a Governor General’s impartiality undermine her or his constitutional functions and can weaken trust in the office when it’s most needed.
Turning back to the symposium, it’s important to clarify why it undermined her impartiality, or at least perceptions of it. Defenders of the symposium have argued that the event didn’t feature any members of the government as speakers, hence it wasn’t partisan or meant to endorse the Online Harms Act. Suffice to say, had ministers spoken at the event, we would be dealing with an outright constitutional debacle, not just concerns about vice-regal impartiality. A full-on violation of constitutional norms isn’t the standard here. Instead, we should be asking why the Minister of Justice was even there, and why the Governor General decided to host the symposium, considering how contentious Bill C-63 has been already. Hosting the event allowed Her Excellency to get pulled into the partisan fray, a predictable outcome that she shouldn’t have risked.
Those who participated in the symposium will counter that it was the Minister of Justice who made the connection with Bill C-63, not the Governor General. Her Excellency’s motives, and the importance of the cause addressed by the symposium, shouldn’t be impugned by a careless, partisan tweet. Alas, partisans are going to partisan and politicians are going to politick. This is precisely why vice-regal representatives should avoid wading into politically charged topics. Expecting politicians to show restraint and respect the neutrality of the office of the Governor General is more than a tad naive. Vice-regal representatives should have the wherewithal to avoid situations where their office can be leveraged for partisan purposes.
Defenders of the symposium offer another argument: as the sovereign’s representative, the Governor General should address important social problems that affect Canadians. The vice-regal role shouldn’t be confined to constitutional functions, ceremonies, and commemorations. Not allowing vice-regal representatives to advocate for the public good would be a lost opportunity. This is a fair point, though Governors General need to be careful about what causes they take up. When it comes to vice-regal advocacy, banal benevolence is the way to go. Anything that’s the subject of notable partisan and parliamentary debate, is ideologically fraught, or might be fought over during an election should raise red flags.
Thankfully for the Governor General, the controversy surrounding her symposium hasn’t extended beyond the Ottawa bubble yet. She should keep it that way by abandoning her “We Deserve Better” campaign while partisans battle it out over Bill C-63 and the courts review the Online Harms Act if it becomes law.
This isn’t because the Governor General doesn’t deserve better; she does, as do all those who suffer online abuse. It’s because Canadians deserve impartiality from the Governor General, both real and perceived.
Philippe Lagassé is an associate professor at Carleton University. He’s the co-editor of Canada and the Crown: Essays on Constitutional Monarchy (2014) and The Crown and Parliament(2015).
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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