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Oceanside Coalition for Strong Communities

Democracy in Canada... or lack of it.


Federal politics

Few countries can claim such a pathetic Parliament

Proroguing's only the half of it. In a generation, Canada's legislature has decayed more than even the U.S. Congress. And while British and Australian MPs can slap down party leaders, here it’s the reverse. Click to read more.

 

’500 ways to say no’ : Canada’s Access to Information program is in shambles. Here’s why.

This may well be the Information Age, but you didn’t hear it from anyone in Ottawa. From the controversy over Parliament’s right to documents about the treatment of Afghan detainees, to gag orders on bureaucrats, to allegations that Tory political staffers are routinely intervening in access requests, paring down, or “unreleasing” files, it has never been harder to pry pertinent details about the inner workings of our democracy out of the federal government. Click on title to read more.

 


 

Stephen Harper's not-so-benign dictatorship

By Michael Behiels, Otawa Citizen Special December 31, 2009
Michael D. Behiels is University Research Chair of Canadian Federalism and Constitutional Studies at the University of Ottawa

It seems Stephen Harper, our not-so-benign dictator, can't stand Canada's constitutional democracy. He is fed up with Parliament's restrictions on the almost unlimited power of his office and his executive.

Harper has, again, spoken with the Governor General and requested the prorogation of Parliament, this time until he is ready to bring down his government's budget in early March 2010.

It seems Harper is determined to attend the Olympic Winter Games in Vancouver without having to face constant criticism from those pesky and "disloyal" opposition parties and Liberal senators. Best to put Parliament on ice.

After the budget, I am certain Harper will then pay the GG another visit requesting that Michaëlle Jean drop the writ for yet another election, the third election since he took office in 2006. And this from a prime minister who brought in a fixed-election-date law that he will then have broken twice.

In 1997 Stephen Harper and Conservative strategist Tom Flanagan published a long article titled "Our benign dictatorship" on a U.S. blog site called A Step to the Right. Harper, disillusioned with Preston Manning's weak leadership style and the Reform party's failure to gain traction with increasing numbers of conservative-minded Canadian voters, had resigned as an MP to take on the presidency of the National Citizens Coalition.

Harper and Flanagan, in their desperate search for a politically successful conservative party, lashed out at successive Liberal governments' seemingly endless benign dictatorship over Parliament and the Ottawa bureaucracy. Their contention was: "Although we like to think of ourselves as living in a mature democracy, we live, instead, in something little better than a benign dictatorship, not under a strict one-party rule, but under a one-party-plus system beset by the factionalism, regionalism and cronyism that accompany any such system. Our parliamentary government creates a concentrated power structure out of step with other aspects of society."

Irony of ironies, their critique can and should now be thrown back into their faces. Prime Minister Harper is challenging the constitutional powers of Parliament by systematically denying MPs access to uncensored papers and documents, as well as the MPs' rights to call any and all persons to testify before parliamentary committees.

It is becoming patently obvious Harper now presides over a minority government that can all-too-readily be characterized as a not-so-benign dictatorship. Harper successfully exploits the first-past-the-post electoral system -- which he and Flanagan denounced as immature -- and the ideological and political divisions within the opposition parties, to impose his unflinching will on his cabinet, caucus, and what he characterizes as an utterly dysfunctional House of Commons, one made so by the government itself. With his appointment of yet more Conservatives to the Senate, Harper will exercise full and unfettered power over Parliament, a power which he will readily use to cow the judicial branch of government with his so-called tough-on-crime legislation.

In late 2008, Harper bullied a weak and badly informed Governor General into granting him a prorogation. Several constitutional scholars have declared his reckless but highly effective request unconstitutional.

Now he's doing it again. Why? Harper wants to ensure that his appointment of Conservative senators goes into effect immediately. And, just as importantly, he wants to bring quick closure to the work of the parliamentary committee, supported by a growing public outcry, that is investigating his government's handling of the Afghan prisoners of war affair. Indeed, it is clear that Harper will engage opposition MPs, senators and Canadian citizens in a constitutional war over the prerogatives of Parliament, a war that he and his cabinet are determined to win at virtually any price to our constitutional democracy and its hallowed institutions.

Harper has maligned several very senior and very competent bureaucrats who dared to question, criticize, or oppose his government's questionable policies. These include former Military Police Complaints Commission chairman Peter Tinsley, RCMP complaints commission chairman Paul Kennedy, former Canadian Nuclear Safety Commission president Linda Keen, parliamentary budget officer Kevin Page, chief electoral officer Marc Mayrand, and former Immigration and Refugee Board chairman Jean-Guy Fleury, to name only the best known.

The most recent casualty in Harper's dirty war against his political enemies is evident in his government's blatant attempts to destroy of reputation of former diplomat Richard Colvin. Why? A courageous Mr. Colvin, much to his credit, revealed the full import of the Harper government's questionable policy pertaining to the treatment of Afghan prisoners of war taken by the Canadian Forces.

Following cabinet's directives, these PoWs were handed over unconditionally to the Afghan National Army and police without oversight and, some witnesses argue, with full knowledge that they would be brutally tortured. Now Harper rejects all reasonable requests for a formal inquiry and castigates his critics, including Canadian citizens who denounce his policy in this matter, as anti-Canadian Taliban sympathizers.

Harper's continued use of such bold, provocative and intimidating tactics proves that he is morally convinced that the end -- unfettered power for his Conservative party and government and the wholesale destruction of the centrist Liberal party -- justifies the means.

Canadians must encourage their parliamentarians to fight for their rights in order to ensure the preservation and health of Canada's constitutional democracy. Harper and his executive are not above the Constitution. The Canadian Constitution is the supreme law of Canada. The guarantors of our Constitution -- the executive, legislative and judicial branches of government and Canadian citizens, have a responsibility to uphold the Constitution. If the legislative branch is rendered powerless by Harper's executive branch, Canadians have no choice but to defend their Constitution by taking their struggle to the Supreme Court of Canada.

If the Supreme Court fails to defend the rights of Parliament and Canadians, then every Canadian has the responsibility to exercise his/her full sovereignty via the ballot box.

Michael D. Behiels is University Research Chair of Canadian Federalism and Constitutional Studies at the University of Ottawa.

© Copyright (c) The Ottawa Citizen


Proroguing Parliament – a travesty, yet clever:

Move by Harper a defeat for those who think government should be honest, open and accountable



© GLOBE & MAIL

30 Dec 2009 by John Ibbitson


The Harper government's decision to have Parliament prorogued in the dead of Christmas week sets a record for taking out the trash.

That's the political term for a government dumping unwelcome or unpopular announcements at times when the news is likely to be ignored. Embarrassed by a damning report? Release it on a Friday afternoon before a long weekend.

Determined to short-circuit an investigation into how the government mishandled the treatment of Afghan detainees? Wait until the eve of New Year's Eve - when MPs are in their ridings or down south, readers and viewers are few, and that day's news is dominated by the picks for the men's Olympic hockey team - and suspend Parliament.

For anyone who believes that our governments should be honest, open and accountable, this is a travesty. But it's devilishly clever.

A senior government official, speaking on background, insisted that calculations concerning the Afghan detainees controversy played no part in the decision.

Rather, said the official, the government wanted to give itself time and breathing room to think through how to manage the economy as it emerges from recession and to put in place a long-term strategy for balancing the budget.

Conservatives will tell you that this newspaper, a few other journalists and opposition politicians are the only ones concerned with the detainees issue. It's "old news," as press secretary Dimitri Soudas put it in a conference call with reporters yesterday.

That government officials or politicians may have been negligent in safeguarding the treatment of Afghan detainees, thus violating the Geneva Conventions, is of no real concern to most Canadians, the Tories maintain.

They are almost certainly right. But the fact remains that proroguing Parliament shuts down the committee that was the source of the most embarrassing revelations about government bungling in Afghanistan. The Military Police Complaints Commission, which was also looking into the affair, is effectively suspended until the government gets around to appointing a new commissioner.

By government design, all official inquiry into this matter has been terminated until March, at least. The Conservatives aren't concerned? They have a strange way of showing it.

There are plenty of other good reasons to prorogue, from the government's perspective. Stephen Harper will be able to rejig Senate committees to reflect the imminent arrival of five party loyalists whom we all expect him to appoint early in the new year. The Throne Speech, now scheduled for March 3, and the budget on March 4 will politically embarrass the opposition parties, forcing them once again to support a government they detest rather than bring on an election that would devastate the Liberals, in particular.

In partisan political terms, proroguing Parliament this week was inspired.

All we lose is a chance to talk. Had Parliament reconvened Jan. 25, as originally planned, MPs could have debated the priorities for the coming budget; the government's plans - oh, sorry, lack of plans - to meet its Copenhagen promise to do something, some day, about fighting global warming; whether and how to reform pensions in both the public and private sector; Canada's future commitments in Afghanistan. That is what Parliament was to have talked about through February, before it was silenced.

"It's no way to run a business," as NDP Leader Jack Layton put it yesterday. But never mind: The people will have their Olympic circuses, and the government can plan for our future unhindered by oversight.

Mr. Layton remembers when Mr. Harper, as leader of the Official Opposition, lambasting the Chrétien government's plans to prorogue Parliament back in 2003, to prevent the Auditor-General from reporting on possible abuse of the sponsorship program in Quebec.

"The government will prorogue the House so that it will not be held accountable for its shameful record," Mr. Harper thundered.

But that was so long ago.


 


See also


Democracy Watch (Canada)

Only in Canada: Harper's prorogation is a Canadian thing

Get to work ... Parliament should be at work.

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