Government

Over the past month or so, a number of people in Canada have been demonstrating against the government in various locations, including the nation’s capital.  Some of these demonstrators have been calling for an overthrow of the current government to address their demands.  However, government in Canada is not chosen by coup. 

Canada is a constitutional monarchy within the British Commonwealth of Nations, and our head of state is the Governor General, representing the Crown.  The government is defined under the terms of the Constitution Act, 1867, the Statute of Westminster, 1931, and the Canada Act, 1982.

Under the GG, there are two branches of government—Parliament (legislative) and the Supreme Court (judicial).  Parliament consists of two bodies, the House of Commons and the Senate.  Members of the Commons (MPs) are elected in 338 single-seat ridings across Canada, electoral districts based on population as determined by official census.  There are currently six political parties represented in Canada, and it is difficult, though possible, for someone other than a party member to be elected.  The party that has the most members elected to the Commons is asked by the GG to form a government, and that party’s leader (chosen by party members in a separate forum) becomes Prime Minister (PM).

The party receiving the second-most votes in an election is considered to be Her Majesty’s Loyal Opposition.

The Senate is comprised of 105 members appointed by the GG on the advice of the PM, who since 2016 is advised by an Independent Advisory Board for Senate Appointments.  Senators are drawn from four regions, each of which is allotted twenty-four seats (Ontario, Quebec, the Maritime provinces, and the Western provinces), with the remaining nine seats allocated to Newfoundland and Labrador (six) and the three northern territories—Northwest Territories, Nunavut, and Yukon (one each).  Senators must resign at the age of seventy-five.

The Commons is the dominant chamber, being composed of elected not appointed members, but approval of both bodies is required for the passage of legislation. 

The Supreme Court consists of nine Justices appointed by the Governor in Council, on the advice of the PM, and Justices must also retire at the age of seventy-five.  The Court—which sits at the apex of a broad-based pyramid of provincial and territorial courts, superior courts, and courts of appeal (whose judges are appointed by those jurisdictions), and a few other federal courts—constitutes Canada’s final court of appeal, and may consider criminal, civil, and constitutional matters of law.

Federal elections must be held in Canada at least every four years, but may be held more often if the GG, on the advice of the PM, chooses to dissolve Parliament and call an election.  Certain votes in Parliament are designated ‘confidence votes’, and any government that loses one of these must resign.  In any case where Parliament is prorogued, the GG may call an election, or (more unlikely) may choose to ask one of the other party leaders to form a government.

After any election, Canada will have either a majority or minority government.  The first occurs when the leading party’s MPs outnumber the combined opposition parties’ members, thus allowing the government to win any vote (so long as party solidarity prevails).  The minority situation requires the leading party to win votes from a number of opposition members sufficient to ensure passage of legislation.

The government at the time of writing is a minority Liberal (CLP) government led by PM Justin Trudeau, and the Loyal Opposition is the Conservative (CPC) party under interim leader Candice Bergen.  Other parties represented in the Commons are the Bloc Quebecois (BQ), New Democratic (NDP) Party, and Green (GPC) Party.  There are no elected members from the People’s (PPC) Party, nor are there any independent members.  

At any time when concerned citizens decide to call for changes to government policy, they are entitled to mount public demonstrations to advance their grievances.  This right to peaceful assembly is guaranteed under the Charter of Rights and Freedoms, 1982, and a number of such demonstrations are what we have been witnessing lately.

However, it is unlawful for any group of citizens to argue for or seek to impose a change in government by arbitrary means.  The only way to choose a government in Canada is through a democratic election conducted under the authority of the Canada Elections Act. Thus, citizens with grievances must seek to influence voters in order to sway their votes in a subsequent election, rather than advocating for an overthrow of the duly-elected government.

Among the demonstrators currently protesting and airing their grievances, the small but vocal faction calling for an overthrow of the government is acting illegally, and must eventually be held accountable.  A recent editorial in the Globe & Mail newspaper summed up my feelings concisely, and this is an excerpt—

…Canada has seen many protests of the legal variety. For example, Toronto last weekend saw one of its regular anti-mandate and anti-vaccine demonstrations. A few hundred people assembled at Queen’s Park and then, carrying signs and banners, they marched down streets that police had temporarily closed for their benefit. Then they went home. You can  disagree with their views and we do but their protest was perfectly legal.

What’s happened at multiple border crossings, and on the streets of Ottawa, is an entirely different story. These aren’t legal protests. They are blockades. As such, they enjoy no protection under our laws. They are, on the contrary, a threat to the rule of law and democratic government itself. The blockades have generally been non-violent, but they are nonetheless an attempt by a tiny minority of Canadians to impose upon the large, silent, law-abiding majority of their fellow citizens.

…[R]easonable people can disagree on all sorts of things. But there can be no disagreement on this: A handful of protesters don’t get to decide which streets will be open and which will be closed, or which bridges and borders will be open to trade and which will not.

Who elected these blockaders? Who gave them this power? Not you. Not anyone.

Government in Canada is not chosen by coup. 

Flip-Flops

While residing in the sunny south for these long winter months, I have become reacquainted with the unmistakable sound of one of the most ubiquitous pieces of footwear ever invented, the flip-flops.  Flimsy pieces of rubber precariously fastened to one’s foot with a plastic thong between the toes, flip-flops are worn by hundreds of millions of people all over the world.

flip-flops 2

One would have to be extremely unmindful not to hear the approach of someone wearing them—flap-slap, flap-slap, flap-slap, flap-slap…

That same unmindfulness, however, may explain why we seem to have been oblivious to other sorts of flip-flops, all of which have perverted what we have long thought to be the cornerstone of our democratic way of life—the right of every eligible voter to cast a ballot on every question of significance to our civic life.  That is no longer the case.

In societies with a small population—ancient Athens, for example—eligible citizens had only to attend in the public square, pay attention to the arguments being presented, and direct their vote in favour of the one they preferred.  Majority ruled, of course, and so the will of the people was carried out.

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It was of little import back then that the only eligible voters were men, and only men who owned property.

In larger, more complex societies, such as the democracies we live in today, direct civic involvement is nigh impossible, certainly impractical.  Even as we watch the ever-accelerating unfurling of technology that promises (or threatens) to transform the very way we interact with one another, it is hard to conceive of a system that would allow every eligible voter to have a say on every issue affecting the direction of the nations we call home.

That may well be why one of the first great flip-flops in how we are governed came to be.  Instead of citizens having a direct say in the affairs of state, they began to delegate their voices to spokespersons elected to represent them.  Long before Abraham Lincoln had spoken his famous words about government of the people, democracy had already morphed to government by the people’s representatives.

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Whether that has continued to be government for the people is an open question.  And did no one hear the sound of the flip-flop?

Mind you, there are still examples of direct, one-to-one voting on issues affecting the commonweal.  Plebiscites or referenda are often placed before the people to decide on questions of import great or small.  Examples might include:  the secession decisions by thirteen states in the US circa 1860; the presently-dormant question of Quebec separation from Canada; the still-active issue surrounding Scottish independence from Britain.

A prime referendum example is the choice afforded the citizens of the United Kingdom and Gibraltar in 2016, whether to leave the European Union or remain a member.  Those wishing to leave, the Brexiters, squeaked out a narrow victory over the Remainers, thus establishing the will of the people.

brexit

Second thoughts seem to have plagued the UK ever since, however, resulting in the government’s plan to exit the EU being roundly defeated in parliament recently by the people’s representatives.  The EU is not amused.

This change of course seems to me to be another example of a flip-flop in the way we are governed, in that, apparently, hundreds of thousands of British citizens, when given the opportunity to make their voices heard in 2016, declined to do so.  Only when the potential consequences of the referendum’s outcome began to surface did those recalcitrant citizens seem to realize they were hoist on their own petard.

If this case is any indicator, the lack of esteem in which their right to vote was held by so many citizens is a far cry from that of their predecessors who, on the fields of Runnymede in 1215, demanded and obtained such rights from King John.  Even eight hundred years later, how could such reluctant citizens not have heard the sound of the flip-flop?

magna carta

Over time, as people ceded the right to govern them to elected representatives (or had it snatched away), those very delegates moved inexorably toward the formation of collective positions on almost every issue facing their countries.  Political parties were birthed, they lived, and in some cases died, only to be resurrected in somewhat altered form.  This has been true in fascist regimes, capitalist unions, and communist societies.

It became the norm for these collectives to establish a platform, a set of principles and intentions upon which they would stand.  Indeed, parties were criticized, and continue to be, if they have no such guiding manifesto.  Of course, whether or not they govern according to the platform promises is another thing altogether.

All of which brings us to the point where the representatives we have elected to govern on our behalf, rather than listening to us to determine how we want them to do that, tell us what they will do—the proverbial stump speech.  The will of the people, even if representing only a majority of them, has become secondary to the decisions of the political party to whom we have granted power.  For voters, it is all too often a choice between the greater or lesser of evils.

the-importance-of-the-stump-speech

This is surely a flip-flop of the highest magnitude, where the directions in which we—collectively, by majority rule—want our nations to move can be easily subverted by the contrary will of those we have allowed to represent us.  It has been said that, as government expands, liberty contracts.

And when enough of us don’t even bother to vote, don’t care to have a say in who those representatives will be, we open ourselves to government by a small faction of the people—a tyranny of the minority.

We must stand up to this.  Our unwariness and our indifference are allowing the flip-flops in how we are governed to approach us, overtake us, and inevitably subjugate us.  Just listen and you will hear them—

walk

Flap-slap, flap-slap, flap-slap, flap-slap…

The Quality of a Nation

According to St. Augustine, a nation is an association of reasonable beings united in a peaceful sharing of the things they cherish; therefore, to determine the quality of a nation, you must consider what those things are.

He wrote this in a monumental work of Christian philosophy, entitled The City of God, in the fifth century AD.  Fifteen-hundred years later, in 1951, the Canada Royal Commission on National Development in the Arts, Letters & Sciences used it as a preface to their report to parliament.

royal-commission

The recent triumph of Donald Trump in the US presidential election was one of two things that got me to wondering what a list of those qualities might be—not so much for the USA as for my own country.  What are the values that Canada, as a nation, truly cherishes?

The political opponents of the American president-elect have cast his ascension to power in the darkest terms, quite a difference to the sunny ways seemingly endorsed in our own federal election a year or so ago.  Words like racist, misogynist, bully, and xenophobic, used in reference to Trump by his foes, offer a stark contrast to words such as enthusiastic, transparent, optimistic, and leader, which have been applied to our prime minister, Justin Trudeau, by his supporters.

On the flip-side, Trump’s supporters have described him as strong, forceful, down-to-earth, and no pushover.  Trudeau’s detractors have used words and phrases like boyish, emotional, and not man enough in their descriptions.

Of course, political opinions, like beauty, are mostly in the eye of the beholders, and care should be taken not to believe everything one reads or hears about either of these gentlemen.  Still, the fact that both were elected to their country’s highest office by their respective citizens might say something about what is cherished by each nation.  At least at present, and by a sufficient number of those who voted.

But the critical thing about nationhood is that, despite these opposing viewpoints, each nation as a whole must accept and adhere to a basic set of values if it is to survive.

us-constitution

The second thing that prompted my curiosity about the qualities Canada might cherish was the proposal by a presumptive political-party leader, Kellie Leitch, to vigorously pre-screen potential immigrants for any trace of “anti-Canadian values”.  If they fail to measure up to the standard she will presumably establish, she will bar them from entry.

It makes sense, of course, to ban terrorists and criminals; it also makes sense to admit people with skills and training Canada needs, and people who are fleeing for their lives from oppressive regimes.  In fact, our current immigration practices and procedures do both of these things quite well.

But what are the values Leitch is looking for?  She has stated that the test will screen for anti-Canadian views that include intolerance toward other religions, cultures, and sexual orientations; violent and/or misogynist behaviour; and/or a lack of acceptance of our Canadian tradition of personal and economic freedoms.

I wonder, though, how she might define such concepts as intolerance (Sorry, but I will not eat poutine!) or personal freedoms (Okay, okay…I won’t pee on the golf course!).  Could it be so simple and light-hearted?

Likely not.  For example, if I were a prospective immigrant of a particular faith, say Catholic, would I be banned for not endorsing the notion of same-sex marriage?  If I were to vigorously protest the environmental policies of the federal government (perhaps a government she might be leading), thereby exercising  free speech, would I be expelled?  If I chose to wear a niqab during my citizenship swearing-in, would I be rudely escorted from the room?  And the country?

The Canadian Charter of Rights and Freedoms, adopted as part of the Constitution Act in 1982, pretty much lays out in its thirty-four sections the entitlements and responsibilities conferred upon, and expected of, every citizen.  By its very existence, it establishes many of the values our nation cherishes; for example:

  • the right to life, liberty and security of the person…
  • [equality] before and under the law and…the right to the equal protection and equal benefit  of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability…
  • [these rights] shall not be construed as denying the existence of any other rights or freedoms that exist in Canada…
  • [these rights] are guaranteed equally to male and female persons.

canadian-charter

In effect, this means all citizens enjoy the right to cherish, and act in accordance with, whatever they believe—with the proviso that they must not harm anyone else.  No one, it seems to me, including a politically-motivated Kellie Leitch, can judge any of us on a set of arbitrarily-established Canadian values.

Perhaps John Stuart Mill said it best, in his 1859 essay, On Liberty, where he attempted to identify standards for the relationship between a nation’s authority and its citizens’ liberty:

          The maxims are, first, that the individual is not accountable to society for his actions, in so far as these concern the interests of no person but himself…

          Secondly, that for such actions as are prejudicial to the interests of others, the individual is accountable, and may be subjected either to social or to legal punishment, if society is of opinion that the one or the other is requisite for its protection.

If we were to accept the guidance offered in these two foundational sources, I don’t believe we would need a test to suss out anti-Canadian values.  To the contrary, our co-existence would exemplify those values, and allow us to live united in a peaceful sharing of the things we cherish.

And we would be proud of the quality of our nation, upholding it for all to see—from sea to sea to sea.