CANADIAN CENTRE FOR POLICY ALTERNATIVES SEPTEMBER/OCTOBER 2017 $6.95 Contributors Richard Nimijean is a member of the School of Raymond Biesinger is Indigenous and Canadian an illustrator and artist Studies at Carleton University based in Montreal. He likes in Ottawa. concepts, making music, politics, Instagram, 19th- Aditya Rao is an organizer Vol. 24, No. 3 century bird’s-eye-view with the Ottawa Sanctuary Book reviews in the ISSN 1198-497X panoramic maps, and a mix of City Network, and is in his Monitor are co-ordinated Canada Post Publication 40009942 minimalism and maximalism. final year of a joint JD and by Octopus Books, a The Monitor is published six times MA program at the University community-owned anti- Remie Geoffroi has been a a year by the Canadian Centre for of Ottawa’s faculty of law oppressive bookstore in full-time freelance illustrator Policy Alternatives. and Carleton University’s Ottawa. since 2001. His clients The opinions expressed in the Norman Paterson School include major publications Monitor are those of the authors of International Affairs, such as the Wall Street and do not necessarily reflect specializing in the law of Journal, Hollywood Reporter, the views of the CCPA. forced migration. He has ESPN, Wired, Billboard and Please send feedback to been active in refugee and New York magazine. Remie [email protected]. migrant rights organizing for recently illustrated the latest a decade. Editor: Stuart Trew book from New York Times Senior Designer: Tim Scarth best-selling author Tim Gillian Steward is a Calgary- Layout: Susan Purtell Toronto Editorial Board: Peter Bleyer, Ferriss, entitled Tool of Titans. based journalist and Star columnist who teaches Alyssa O’Dell, Seth Klein, Kate Laura Hochban is a Prairie- McInturff, Erika Shaker, Emily Turk journalism at Mount Royal born feminist living University. She was the 2014- CCPA National Office: and working in Ottawa. 15 Atkinson Fellow in Public HELP US SHED LIGHT ON THE 500-251 Bank St., Ottawa, She studied histories of Policy, an annual journalism ON K2P 1X3 gender and the body at the tel: 613-563-1341 fellowship with which University of Regina and at fax: 613-233-1458 she researched the public ISSUES THAT MATTER TO YOU. Carleton University. [email protected] policy drivers of oil sands www.policyalternatives.ca Jim Hodgson is Latin America development in Alberta. CCPA BC Office: Program Co-ordinator at the (we’ve got some bright ideas) Michelle Weinroth is an 520-700 West Pender Street United Church of Canada. author and teacher. Her Vancouver, BC V6C 1G8 He has been involved in published work focuses tel: 604-801-5121 Common Frontiers since fax: 604-801-5122 on 19th and 20th century 1999. [email protected] propaganda. CCPA Manitoba Office: Asad Ismi covers MAKE A DONATION Tax receipts are issued for contributions of $15 or more. Unit 205-765 Main St., Winnipeg, international politics for the MB R2W 3N5 Monitor, specializing in the I would like to make a monthly contribution of: I would like to make a one-time donation of: tel: 204-927-3200 destructive impact of U.S. and fax: 204-927-3201 Canadian imperialism, and OR $300 $100 $75 Other ____ [email protected] $25 $15 $10 Other ____ resistance to it, in the Global CCPA Nova Scotia Office: South. P.O. Box 8355, Halifax, NS B3K 5M1 tel: 902-240-0926 Jamie Liew is an associate PAYMENT TYPE: [email protected] professor of law at the I would like to receive my I’ve enclosed a cheque (made payable to CCPA, or void cheque for monthly donation) CCPA Ontario Office: University of Ottawa and an subscription to The Monitor: 10 Dundas Street East, immigration lawyer. I’d like to make my contribution by: VISA MASTERCARD P.O. Box 47129, Toronto, By e-mail Muhannad Malas is the ON, M5B 0A1 Mailed to my address tel: 416-598-5985 program manager for CREDIT CARD NUMBER: [email protected] Environmental Defence’s No Monitor, thanks toxics program. After CCPA Saskatchewan Office: EXPIRY DATE: SIGNATURE: 2nd Floor, 2138 McIntyre Street completing a master’s degree Regina, SK S4P 2R7 in public health policy at tel: 306-924-3372 the University of Toronto, fax: 306-586-5177 Muhannad helped develop Amy Thompson is an CONTACT INFORMATION [email protected] and implement chronic Ottawa-based mixed-me- disease prevention policies dia artist whose work has Name Return this form to: centred on re-contextualizing and environmental health 500-251 BANK ST. frameworks for municipal and imagery from the ’40s and Address OTTAWA, ON K2P 1X3 provincial governments. ’50s. Amy explores themes of memory, childhood and the natural world through the City Province Postal Code Or donate online at: The Monitor is a proud member of mediums of drawing, painting WWW.POLICYALTERNATIVES.CA Magazines Canada. and collage. Telephone (Required) Email

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SANCTUARY CITIES

Donald Trump’s attacks on migrants, both verbal and legislative, have emboldened calls in Canada for migrant justice and access—without fear—to government services. Stuart Trew talks to sanctuary city activists in Ottawa who want to see more than symbolic gestures from municipal governments. Jamie Liew explains why local police are under no obligation to share information on a person’s status with immigration officials. AndAditya Rao argues for the immediate repeal of the Canada–U.S. Safe Third Country Agreement, which only puts human lives at unnecessary risk.

BEHIND THE NUMBERS Can NAFTA be fixed? The “Netflix Tax” and other Some options for the renegotiation. brilliant cableco propaganda Scott Sinclair, Stuart Trew Marc Edge 6 and Hadrian Mertins-Kirkwood 36 How the Liberals could lean in to Budget 2018 Public benefits and the tar sands— Kate McInturff7 from Lougheed to Notley Gillian Steward 41 “Asset recycling” should be grounded, permanently Is there hope for Venezuela David Macdonald 9 in the constituent assembly? Jim Hodgson 50 Why we won’t miss Petronas Marc Lee 10 With friends like these… Qatar tries to cope with the blockade IN THE NEWS Asad Ismi 54 Omar Khadr and the cost of violating the law BOOKS Ian Green 12 Struggle and representation FEATURES in the making of democracy Two Trudeaus: Will voters remember Frank Bayerl 56 the narrative or policy record in 2019? Roxanne Gay’s new memoir cuts deep Richard Nimijean 26 Laura Hochban 58 Canada’s chance to get serious about toxics Ilan Pappe challenges powerful myths about Israel Muhannad Malas 33 Michelle Weinroth 59

Editorial 2 | Letters 3 | New From the CCPA 4 | Alternate Futures 14 | Index 15 | Work Life 32 | Good News Page 49 From the Editor

STUART TREW A summer of equivocation

HE FASCIST MARCH in Charlottesville, speaking through a megaphone our government has bent itself into a Virginia this August put a global shaped like a KKK hood. It was a theme pretzel trying to square what it says spotlight on the United States’ several other publications also went it believes in with how it wants to get Tneo-Nazi problem. Here was white with to express the obvious—that the us there. supremacy unhooded, uninhibited U.S. president was goading on racial Trudeau says Canada is different and organized, using the tactics (and hatred, to god knows what end. from the U.S. today because we wel- chants) of the left—“Whose streets? The international press should be come all people fleeing persecution. Our streets!”—to defend the honour commended for pushing back against But as Aditya Rao argues (see page 24), of those who fought for slavery on the attempts by Trump and the Breitbart that is more true of people using the Confederate side of America’s civil war. crowd to draw a false equivalence so-called appropriate channels than Stand in their way and you are guilty between the self-styled alt-right and those who would be automatically of violating their rights to freedom of an imagined alt-left. In reality, one side turned away—including thousands speech and freedom of assembly. wants to ban immigration and unions, of people fleeing Trump’s America—if Over the course of the week- the other wants things like free educa- they didn’t cross the border “illegally.” end, neo-Nazis and right-wing tion and health care, and the repeal of Other inconvenient contradictions extremists scuffled with anti-fascist “right to work” laws. That looks more are explored in this issue. For exam- counter-demonstrators, culminating like politics as usual than a civil war. ple, Global Affairs Minister Chrystia in the death of Heather Heyer, killed The problem is that some equiv- Freeland wants Canada to be a voice when a young man plowed his car into alences are stickier, more useful to for peace on the world stage by flexing a peaceful demonstration in down- those in powerful positions and hard- our newly financed military muscle. town Charlottesville. Jason Kessler, er to dispel in mainstream dialogue. Like Trump, Canada is supporting an organizer with Unite The Right, Breitbart, for example, likes “right to democracy in Venezuela by backing an would later tweet that Heyer was “a work” laws even though unionization opposition that is openly fomenting fat, disgusting Communist,” and that is a proven way to wrest power and violence against the government (see her death was “payback.” wealth from what its articles refer to page 50). Was Kessler one of the “very fine as the “globalist elite.” Likewise, Trudeau supports progres- people” Donald Trump was thinking In Canada we are supposed to feel sive trade deals that better incorporate about when he refused to condemn relieved now that Steve Bannon is labour and environmental protec- the racist rally, but said there were out of the White House and back at tions. But his government’s strategy “very violent” protesters “on both Breitbart, since allegedly his absence is to let Trump “declare victory” after sides”? Was former Klu Klux Klan will make it more likely NAFTA will be the NAFTA renegotiation, which will leader David Duke, whose support renegotiated along liberal internation- probably mean signing something Trump refused to reject in the lead-up alist lines. The popular equivalence that looks much like the regressive to the 2016 U.S. election? here is between hard-right and hard- Trans-Pacific Partnership. After Despite the presence in Charlottes- left critics of free trade, which are both Trump’s response to Charlottesville, ville of assault-rifle-toting militias, assumed to be driven by ethno-nation- we can rightly wonder why Canada this was not, as Rush Limbaugh and alism. The effect is to sideline more is negotiating anything with this U.S. others on the right suggested, the radical or even progressive (pro-work- administration. start of a new civil war in America. er, pro-environment) alternatives to An underlying theme throughout It might, however, turn out to be a status quo globalization. this issue of the Monitor is the empty turning point for Trump, who came The Trudeau government has gesture. As migrant justice activists under intense fire globally for refusing shone internationally on a progres- explain in our cover feature on to condemn—and, as a result, all but sive message of tolerance, openness, sanctuary cities, it is fundamentally condoning—an increasingly bold and diversity and inclusive, sustainable important to build grassroots solidar- violent neo-Nazi right. economic growth. It says it wants to ity for social change, without which Even Trump’s big business friends make globalization fair for everyone there is no impetus for our leaders couldn’t stomach his equivocating. and proposes adding gender and In- to follow through on their pledges. If Several CEOs vacated their seats on digenous chapters into a renegotiated we don’t do it, there are clearly many two federal economic advisory coun- NAFTA. These are important priorities people on the right—in Canada as well cils, which the president subsequently and possibly interesting policy adap- as the U.S.—who will. M disbanded altogether. On its cover, The tations. But on a number of files, as Economist ran a cartoon of Trump Richard Nimijean argues (see page 27), 2 power. They enjoy the the pension plans could resisters movement, the privileged, concentrated use their large investments militarization of our society, political power to legally to direct policy to the the military’s extensive make decisions for all of us organizations taking consumption of resources during their terms of office. control of large swaths of and contamination of the But if we want to change land. For example, lands environment, Canada’s the representative system could be divided into small military industry and into a system of direct (5–10 acre) lots, provided on arms trade, the military’s democracy by referendum, lease to small-scale farmers influence on foreign policy, we need to demand who could use hand tools Canada’s lack of interest Leers “legislation by referendum” and small equipment to in signing onto arms from candidates. till their plots and grow reduction treaties, and the their requirements for list goes on. Maybe there’s Ion Delsol, Victoria, B.C. subsistence, with surpluses so much material on this Rep by pop sold back to the large subject you’re saving it for organization for resale. another special issue! I According to Alex Nuclear not so clean hope so. Hemingway (Behind the Such action would provide While I applaud the Numbers, July/August employment, reduce This subject has been of Monitor’s attention to 2017), the great news from damage to soils (which major importance to me “climate leaders and the B.C. NDP and Green would be caused by large all my life, and was brought laggards” (Index, by Hadrian coalition is their promise machines if the organi- to the forefront again Mertins-Kirkwood, July/ to have a referendum on zation worked the large when I read the excellent August 2017), I must electoral reform. I share his tracts of land for extractive book Worth Fighting correct the statement concern, and that of reform purposes), improve health For: Canada’s Tradition that nuclear power is advocates, about the (if the smallholders would of War Resistance from “practically zero carbon.” need to spark a successful grow organically), and be 1812 to the War on Terror, Says BeyondNuclear.org: discussion on deepening more ecological, through a collection of scholarly “15% to 25% of nuclear our democracy. recycling wastes for essays edited by Lara power’s carbon emissions compost. Campbell, Michael Dawson Canada’s 2016 consulta- come from construction, and Catherine Gidney. tions on electoral reform maintenance and decom- Nizar Mecklai, Another valuable source and B.C.’s proposed missioning of atomic power Newmarket, Ont. of educational material referendum exclusively plants. The bulk of nuclear is Project Ploughshares, focus on finding the best power’s still significant an organization that does mechanism to proportion- emissions (an average No military history? extensive research upon ally allocate the number of 65 grams of carbon Congratulations on your which they base their work of elected representatives dioxide per kilowatt-hour) “Views of Canada” issue “to advance policies and according to the party’s come from the uranium (May/June 2017), illustrating actions to prevent war and popularity. However, this fuel chain (mining, milling, why we need to learn armed violence and build rearrangement is about enrichment, nuclear fuel the critical difference peace”. shifting power from larger fabrication, and carbon-14 between “celebration” parties to smaller ones, emissions from operations I would love to see these and “commemoration” and not shifting power and long-term nuclear issues addressed in the of historical events. The from political parties to waste management). Monitor. I think it’s time we series of excellent articles, individual citizens. As finite resources of focus our attention on the written from the different high-grade uranium ore real causes of war and how Legislating specially perspectives of peoples are depleted, those carbon to change them. contested policies by and events not generally emissions increase.” referendum, or at least by included in our history Carol Latter, non-binding plebiscites, Boyd Reimer, Toronto, Ont. books, are illuminating and Kimberley, B.C. would shift political power eye-opening, a refreshing not from one party to antidote to many of our another party, but from a Institutional investors, myths and misleading few representatives of the local farmers narratives. party in power to all the I found the article by David I did note the glaring concerned citizens. Bruer (“Canadian pension omission of an alternative Send us your feedback, Obviously, political leaders funds grab farmland in view of Canadian military corrections, poems, praise will not easily give up Brazil,” July/August 2017) history and issues sur- or complaints to monitor@ their traditional legislative very interesting. Perhaps rounding it, such as the war policyalternatives.ca. 3 it benefits mainly teenagers could be amended to provide Workplaces report nor Bill and will hurt small busi- much better protection for 148 adequately addresses nesses the most. workers in the on-demand imbalances in rights and service economy. entitlements between tradi- A new study by CCPA econ- tional employees and “gig” omist David Macdonald, Bill 148 (the Fair workers in the so-called Ontario Needs a Raise, Workplaces, Better Jobs sharing economy. finds that, to the contrary, Act) is the result of a two- the Ontario wage hike year Changing Workplaces “While Bill 148 makes will benefit a broad and Review, which included a range of changes to New from diverse group of workers broad consultations, the substantive employment the CCPA in contract, seasonal, commissioning of new standards that would part-time and casual jobs. research, and consideration benefit service workers Most of these workers are of written submissions from (such as a $15 minimum over the age of 20 (15% are Ontarians. The goal was wage, equal pay for Ontario labour over 55) and are more likely “to improve security and part-time, temporary, reform leaves out to work for big companies opportunity for those made seasonal, casual and “gig” workers than mom-and-pop shops. vulnerable by the structural temporary help-agency In fact, in retail and food economic pressures and workers, and access to The Ontario government services, 59% of people changes being experienced personal emergency leave), has committed to raising who will get a raise when by Ontarians.” these changes remain the provincial minimum $15/hour kicks in work for out of reach for online wage—to $14 on January 1, The review highlighted a company with more than platform-based on-demand 2018, then $15 on January power imbalances between 500 employees. service economy workers,” 1, 2019—as part of a workers and employers, Faraday writes. long-overdue update of In another CCPA paper out and the importance of provincial labour legisla- this summer, supported by trade unionism as a wealth tion. Business groups and the Metcalf Foundation, equalizer. Unfortunately, conservative think-tanks lawyer Fay Faraday explores writes Faraday in her report, Another trade have been waging a war how Ontario’s proposed Demanding a Fair Share, threat to public services against the move, claiming labour legislation reforms neither the final Changing A new report, co-published in July by the CCPA and Rosa Luxemburg Foundation, examines the adverse impacts on public services and public interest regulation of the little-known Trade in Services Agreement (TiSA), which is quietly being negotiated in Geneva by a group of 23 governments, including Canada. In TiSA Troubles, senior trade researcher Scott Sinclair argues that, under the guise of expanding international trade in services, the agreement will make it much harder for governments to regulate vital services such as energy, water, banking, transport and online services. TiSA is also designed to pry open public services for private gain. While this agenda may suit the commercial interests of 4 the transnational corpora- report. In 2015, 12% of operations is underway, yet of natural gas on a water- tions behind the secretive Manitobans lived in low First Nations, who are the shed-by-watershed basis, TiSA negotiations, it will not income, up from 11.2% in most directly impacted by create development-free serve the broader public 2013. “Furthermore, child such activities (by eroding zones, charge more for interest, argues Sinclair. poverty continues to be their ability to fish, trap and industrial use of water, and stubbornly high, with the hunt, for example), have require fossil fuel compa- 2015 rate at 16.4%. Child little say in shaping how, nies to detail exactly where Manitoba living poverty has also gone up when and where fossil fuel they intend to operate over wage released since 2013 when it was companies operate on their long time frames. 14.5%. We need to intensify traditional lands. The CCPA-Manitoba efforts so we can consist- “If British Columbia is released an updated living ently lower child poverty.” For more reports, going to respect the UN wage report in July in part- commentary and Declaration on the Rights nership with the Manitoba infographics from the of Indigenous Peoples, Research Alliance and CCPA’s national and Fracking, water we need to turn things Errol Black Chair in Labour provincial offices, visit and First Nations around,” says Parfitt. “To Issues. The 2016-17 living www.policyalternatives.ca. in B.C. start, we need to end wage is $14.54/hour in the current ‘death by a Winnipeg, $14.55 in Brandon On the heels of an investi- thousand cuts’ approach, and $15.28 in Thompson. gation that revealed fossil where First Nations are This is the amount needed fuel companies have built simply asked to respond for a family of four with two dozens of unauthorized to one proposed industrial parents working full time dams in B.C.’s northeast development after another, to cover basic necessities, (see the July/August and instead place First support healthy child devel- issue of the Monitor), Nations firmly in the driver’s opment, escape financial the CCPA has released a seat when it comes to stress and participate in study drawing attention to guiding activities in local the community. larger problems with water watersheds well before management practices in “Notwithstanding those activities occur.” that region. stable economic growth The report recommends and consistently low In Fracking, First Nations that the B.C. government unemployment, and Water, CCPA research- enact new co-management er Ben Parfitt finds that a poverty remains a problem regimes similar to those on sharp increase in water-in- in Manitoba,” explains Haida Gwaii, set maximum tensive natural gas fracking Lynne Fernandez in the allowable extraction limits

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If you’d like to learn more, our Development Officer Katie Loftus would be happy to assist you with your gift planning. Katie can be reached at 613-563-1341 ext. 3185 or at [email protected]. newsrooms of its duplicate dailies in Vancouver, Edmonton, Calgary and Ottawa, prompting Fry’s inquiry. (See “Can Canada’s Media Be Fixed?” in the July-August 2016 Monitor.) The Fry report left vague any process Behind the for subsidizing news media in its first of 20 recommendations, urging only that the heritage minister “explore the exist- ing structures to create a new funding model that is platform agnostic and numbers would support Canadian journalistic content.” Within hours, however, the newspaper industry weighed in with a MARC EDGE | NATIONAL detailed—and self-serving—proposal that was hardly agnostic with respect to platforms. Netflix Tax? Bloated The industry suggested the Cana- dian Periodical Fund, which currently cablecos say the darndest subsidizes magazines and non-daily newspapers to the tune of $75 million things. a year, offered a suitable model. News Media Canada, an industry group created by a recent merger between o sooner had Liberal MP Hedy consolidated into unprecedented Newspapers Canada and the Canadian Fry’s parliamentary heritage power centres. Community Newspaper Association, Ncommittee handed down its Our largest newspaper chain (Post- proposed extending the CPF to daily report on Canada’s news media crisis media) was taken over on Harper’s newspapers. It asked the government (in June, after 16 months of hearings in watch by U.S. hedge funds, which now to simply underwrite 35% of their ed- Ottawa) than the newspaper industry own 98% of the company—despite a itorial expenses, but to not give such bellied up to the trough and put in for supposed 25% limit on foreign owner- assistance to regulated broadcasters, a bailout worth $275 million a year. The ship in this culturally sensitive industry. who already benefit from the CRTC’s timing was poor, as it appeared the other Postmedia in turn took over Sun Media, largesse, or to digital media like upstart shoe had dropped a bit too quickly. our second-largest newspaper chain, blogs. When it comes to money grabs, giving it 15 of the country’s 21 largest “No one wants to fund personal however, the press proved bumbling dailies, including eight of the nine rants or political agendas,” argued amateurs compared with Canada’s largest in Western Canada. Bob Cox, publisher of the independent electronic media. CEO Paul Godfrey promised to Winnipeg Free Press, who heads News Titled Disruption: Change and Churn- preserve competition in cities where Media Canada (despite Postmedia’s ing in Canada’s Media Landscape, the Postmedia thus owned both dailies and dominance of the industry). Connect- Fry report made many sensible recom- the Competition Bureau signed off on ing the dots in all of this, we find some mendations. Some are long overdue, the deal in 2015. The double-cross came unsettling relations. like changes to our charitable giving last year, when Postmedia merged the A draft of News Media Canada’s laws that would allow tax-deductible proposal that was circulated to groups donations to fund journalism, as they for endorsement came on letterhead of can in the U.S. and elsewhere. the Public Policy Forum, but the final Other recommendations repeat version made no mention of involve- pleas made by previous inquiries, such ment by the think-tank. Headed by as for a diversity test to prevent market It makes sense former Globe and Mail editor Edward dominance by any media owner, and that those who are Greenspon, the PPF was paid $200,000 changes to the Competition Act that by the Heritage ministry in 2016. would treat news media takeovers dif- cashing in fastest Greenspon’s report The Shattered ferently than those in other industries. on the digital Mirror, handed down early this year, The same measures were suggested took up with vigour the newspaper in 2006 by a Senate committee on revolution should industry’s escalating beef against news media, but they were ignored by help fix the mess Facebook and Google, which circulate a newly installed Harper government news online and dominate the digital ad that looked the other way for a dec- the internet has market. But it so exaggerated the plight ade, as the country’s media instead made of media. of newspapers and the threat of the 6 foreign internet giants that Carleton KATE MCINTURFF | NATIONAL University media economist Dwayne Winseck accused Greenspon and his scholarly research team of “goosing Budget 2018: the numbers” to make their overstated case. The PPF’s media projects may Lean in, gents have been separate and unconnected, but the optics are nonetheless poor. The Harper decade also saw the con- t is that exciting time of year when in working with provinces to ensure solidation of even more worrying power economists wake from their summer that job stimulus means jobs for the centres in Canada’s electronic media. Islumber and start making submis- entire labour force, not just the 53% The Fry report’s most contentious sions to the Department of Finance male part of it. suggestion was for where the money about what they’d like to see in Budget to fund flagging Canadian journalism 2018. This year I ask what a feminist Invest in a living wage should come from, and the country’s budget would look like. And since you’re Occupational segregation should not media seemingly circled the wagons here, it would look something like this. lead to a pay gap—not if we valued the on this one. work of women equally. However, we do The report proposed a levy on in- Invest where women work not. The occupations in which women ternet service providers (ISPs), which Men and women tend to work in differ- are most likely to work include some of was immediately framed as a “Netflix ent occupations in Canada. Moving the lowest-paying jobs in Canada. tax” by some journalists. Reporters women into predominantly male For example, women in skilled trades who had received leaked copies of the employment sectors may pay off for are most likely to work in food services Fry report grilled Prime Minister Justin women in the longer term, but the rate and cosmetology, while men are most Trudeau on the proposal almost before of change is slow. Like, generational. likely to be plumbers and electricians. the ink was dry. He disowned any such Worse yet, research has shown that Apprenticeships for all these trades idea, saying “we’re not raising taxes on as the share of women in a field in- require equivalent levels of education, the middle class.” creases, the value placed on that work experience and skill, yet the average What the report really suggested, diminishes. full-time wage for a cook is just under however, was extending to internet That means Budget 2018 needs to $29,000 and for a hairstylist it is service provision the 5% levy that ca- invest in the sectors where women are $22,000. Contrast this to the average blecos already pay on their television working today. full-time wage for a plumber, which is revenues to fund Canadian broadcast More than one in five women in the $55,000, or for an electrician, which is content. It makes sense, after all, that labour force work in health and social $60,000 annually. those who are cashing in fastest on the services. Women are more likely than The government has promised to digital revolution should help fix the men to work in the public sector, not spend $3 billion for home care in the mess the internet has made of media. least because they see a narrower wage next three years. While this will certain- The CRTC’s latest Communications gap in that sector. Women are also ly create jobs in a predominantly female Monitoring Report shows the cabelcos highly concentrated in occupations job sector, the median take-home make profit margins on their unregulat- that accommodate their disproportion- pay for a home care worker ($18,942) ed ISP rates in the range of 45%. So rich ate share of unpaid work (particularly falls below the low-income measure. have they grown, first through lucrative child care). Instituting a living wage for home care cable TV monopolies, then with broad- Thus, nursing, teaching and service workers would make a good start to band internet access, that they have all industry jobs continue to be where ensuring that working women aren’t bought TV networks. (CTV is owned by women are most likely to be employed. living in poverty. Bell, Global by Shaw, and CITY by Rog- While some of these sectors fall within ers.) That gives the vertically integrated provincial jurisdiction, the federal gov- Support part-time workers content/carrier TV giants tremendous ernment has an important role to play Women are twice as likely as men to power over national perceptions. work part time. The majority of those If they say Fry is angling for a new tax women (63%) are involuntary part- on Netflix-watching Canadians, who time workers; half of this group cite will believe her report in fact urged a child care as the reason they are not levy to claw back excess profits from in full-time work and half cite business the corpulent cabelcos? M If the employment conditions. Affordable and available child care MARC EDGE TEACHES MEDIA AND COMMUNICATION AT UNIVERSITY CANADA WEST AND THE UNIVERSITY OF gap between men has had a demonstrable positive effect MALTA. HIS LATEST BOOK IS THE NEWS WE DESERVE: THE on women’s employment levels and on TRANSFORMATION OF CANADA’S MEDIA LANDSCAPE and women were (VANCOUVER: NEW STAR BOOKS, 2016). the wage gap in similar high-income closed our GDP countries. However, long waiting lists could go up by 4%. and high fees are leaving 275,300 7 Federal funding to Status of Women/Women's Program the Harper government, representing

0.014 a miniscule proportion—less than one one-hundredth of 1%—of total federal 0.012 program spending in the 2017 budget.

0.010 I like to point this out every time I find myself in a federal government building, 0.008 sitting around a table with a group of

0.006 SWC budget as Funding to women’s women’s organizations offering (free) a % of total federal organizations as a % of total expertise and research. Consultation 0.004 program spending federal program spending is great, if you have someone to consult

0.002 with.

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 The economy needs women Underemploying and underpaying Percentage in part-time work by reason women is costing women and the econ- WOMEN 2554 YEARS 2016 omy billions of dollars annually. The IMF estimates that if the employment gap between men and women were closed 32% our GDP could go up by 4%. If the 31% 670,000 women who were working part time for non-voluntary reasons in 2016 25% were able to find full-time work, they would have brought home an additional $19.2 billion in wages. If the women who worked full time last year earned the same hourly wage that their full-time Business 8% male counterparts earned, they would conditions/ Caring for 5% have taken home an additional $42 could not children/ Going to Preference/ billion. find f-t work family school Illness voluntary As I’ve written before in these pages, the 2017 federal budget gender statement was an important first step women doing involuntary part-time non-traditional or inflexible hours. You in making the most of both halves of work. As a recent IMF study points out, know, like politics. Canada’s labour force. However, core outside of Quebec the cost of child care Affordable and accessible child care economic policies need to address (net all tax and other benefits) means is essential to shifting the balance of the fact that men and women work that “the household’s economy clearly unpaid work for women. However, in different occupations, at different worsens if the mother enters the labour stand-alone paternity leave also plays rates of pay, for different numbers of market.” an important role in redistributing hours. Moreover, targeted policies The share of women who cite hours of unpaid work. The Quebec need to address the additional barriers business conditions as the reason for Parental Insurance Program, which that face Indigenous women, women part-time work suggests we are lack- provides five weeks of “father only” with disabilities, immigrant and ing both sufficient investment in the leave, has demonstrated a significant racialized women—all of whom see sectors where women work and that it unmet need: 78% of men now take larger-than-average gaps in pay and is employers, not female workers, who parental leave in Quebec compared to employment. need further incentives to lean in. 27% in the rest of Canada. The women are out there. They It’s possible men in Quebec just love are educated and in the labour force. Shift the balance their children more. But I don’t think so. Don’t make them the keepers of their of unpaid work own disadvantage. They don’t create Women perform 10 more hours of Invest in women’s hostile work environments. They don’t unpaid work per week than men, and organizations discount their own pay. They don’t set more total hours of work, paid and Research shows that women’s organi- child care fees. Women need their unpaid. (But who’s counting?) The zations make an essential contribution governments and employers to help in disproportionate share of unpaid work, to ensuring that public policy works removing these barriers. particularly child care, limits the num- for women. Yet Canada continues to Time to start leaning in, gentlemen. M ber of hours available to women to do shortchange these hardworking, under- KATE MCINTURFF IS A SENIOR RESEARCH AT THE paid work. It also makes it more difficult staffed and overworked organizations. CCPA AND DIRECTOR THE MAKING WOMEN COUNT INITIATIVE. for women to enter occupations with Federal funding to women’s organiza- tions is lower today than it was under 8 DAVID MACDONALD | NATIONAL you don’t like it, buckle up the kids for the three-day drive across the country. Australian airport privatization per- “Asset recycling” is just fectly illustrates what monopolies are good at. In the past decade, every one fly-by-night privatization of the four main privatized airports in Australia has substantially increased average travel prices while customer he drama continues in the federal jointly by the federal government, the satisfaction has declined slightly. government’s plan to sell off our province, the City of Toronto, and the Parking fees, for example, have gone Tairports. regions of York, Halton, Peel and Dur- up faster than inflation. This is exactly The feds recently announced they ham, in addition to reps from several what you’d expect from a private mo- would be hiring Pricewaterhouse- boards of trade. nopoly: higher prices and lower quality. Coopers (PwC) to “act as a commercial All of these stakeholders would have Incidentally, this is the opposite of advisor” on airport sales. This follows to agree to sell Pearson when and if the what you’d expect from a well-function- an initial investigation by Credit Suisse, feds advise it, which seems a pretty un- ing market that offers lower prices and whose final report remains secret. likely scenario. Even if they did all agree, higher quality. Investors have “unlocked The potential sale of Canada’s air- they might only do so for a piece of the the value” in Australian airports by ports is part of a larger trend of “asset action. The federal government owns unlocking travellers’ wallets through recycling,” the politically popular term the land under the airport, which it jacked-up fees. Travellers pay more for for government sales of public assets to could sell to a private investor. But this less—something Canada would be investors, who then control prices and seems like an even worse idea. wise to avoid. quality, often with little or no compe- Lost in all the excitement about “re- The worst of it is that there is no need tition. The Trump administration loves cycling” money from airport sales into to sell airports to raise money for new the concept; its infrastructure plan is new government priorities is another infrastructure in Canada. Proponents also premised on selling public assets fact: airports, like Pearson, are natural estimate that the sale of all of Canada’s to the private sector. monopolies. Whoever operates them airports would net between $7.2 and But there is little rationale for taking has no real competition because it’s $16.6 billion, which is nothing to sneeze airports out of public control. Finan- just too expensive to build several at. But you would also lose $195 million cially, Canada can afford to maintain international airports in one place. in annual payments to the federal gov- ownership, since both the federal As such, there is no market here, only ernment, net of new income taxes. debt-to-GDP ratio and interest rates are market failure resulting in a monopoly, Is there another way to raise the near all-time lows. As it stands, Cana- which is precisely when you want a best-case scenario of $16.6 billion dians get a better deal through publicly non-profit in charge. without gouging every family flying owned airports than they ever would if For-profit companies, on the other home for a wedding and every student the infrastructure were controlled by hand, love a good monopoly. When heading home for the holidays? Yes, but private companies. consumers have few convenient choic- it doesn’t include privatization. The fed- Canada’s airports are not funded by es, prices can be far higher in order to eral government could easily raise $16.6 the taxpayer. Funding comes from air- “extract value” from the monopoly. If billion through bond sales tomorrow. port improvement fees applied directly The interest rate on a five-year federal on tickets, landing and other charges government bond is 1.16%, or $193 to the airlines (which are charged million a year on our $16.6 billion. back to travellers), parking lot fees, So, for the same cost to the federal and concession/retail rents. Travellers government, Canada could either sell can’t avoid the first two fees, but they our airports to private investors, who’ll may be able to avoid the second two. In the past use their monopoly control to jack up In fact, airports pay the federal govern- decade, all of fees, or keep those airports in non-prof- ment $305 million a year for land rental it hands and borrow cheaply to build (as estimated by a recent C.D. Howe Australia’s main new infrastructure. That doesn’t seem Institute study), which is in addition to privatized airports like much of a choice at all. M paying city property taxes. DAVID MACDONALD IS A SENIOR ECONOMIST WITH When considering the privatization have substantially THE CCPA. question, we need to keep in mind increased average a few more facts. First, the federal government can’t just sell off airports travel prices wholesale, since they are controlled while customer by airport authorities. The Greater Toronto Airports Authority (GTAA) that satisfaction has operates Pearson International is run declined. 9 MARC LEE | BRITISH COLUMBIA Such domestic energy security is- sues are precisely what CCPA research associate David Hughes has raised in See ya, Petronas the B.C. context. Hughes has noted that a large LNG industry means the (but hopefully not) rest of Canada would need to become net importers of natural gas while the B.C. government has been vastly over- ritish Columbians should not be current woes can be traced to a flurry stating the amount of gas we have in lamenting Petronas’ decision of investment decisions, totalling $200 the ground. Bto pull its Pacific Northwest billion, made between 2009 and 2012. Richard Denniss, chief economist Liquefied Natural Gas (LNG) proposal. Key public policy challenges in Aus- of the Australia Institute, argues that Instead, they should be celebrating tralia are flagged below, but it’s worth the hidden objective of LNG exporters the demise of a project built on bad noting that even the LNG industry has all along was to raise domestic gas economics, climate change denial and been squeezed between high costs prices. Abundant gas supplies and low wishful thinking. and low prices, with major companies prices might have been good for Aussie A few pundits have told the Petronas writing down the value of their LNG households and manufacturers, but not story as a tragedy. Some are blaming investments by billions of dollars. for the gas industry, which wants to sell the brand new NDP government, others While Australia is now poised to be- its gas for the highest price possible, their B.C. Liberal predecessors for not come the world’s largest LNG exporter wherever in the world that may be. moving faster to land a deal. The real by 2020, “success” turned into a politi- Moreover, major new conflicts have culprit is the abysmal economics of cal crisis by early 2017. Just as the taps emerged in Australia between the gas LNG—the need for expensive new were turned on for three massive new industry, now aiming to supply huge pipelines and terminals, and the high export projects on the country’s east export volumes, and farmers whose costs to liquefy gas and transport it coast, near Gladstone, Queensland, land would have to be fracked to access across the Pacific. prices shot up for Aussie households the gas. As in B.C., the battle is largely Optimistic predictions for LNG were and businesses in major urban areas about the negative potential impacts made when gas prices were abnormally like Sydney. Local prices for gas at one on water supplies. high. A 2017 report of the International point cost more than the gas it export- As the Australian government tilted Gas Union shows that prices in Japan ed to Japan. its tax and royalty regime toward and the rest of Asia shot up in 2011 This April, Australian Prime Minister encouraging new LNG investment, and stayed high through the start of Malcolm Turnbull announced the the return to the treasury—for the 2015 before falling below $10/MMBTU government would begin imposing development of the publicly owned gas (1 million British Thermal Units)—the restrictions on LNG exporters. A new resource—has been meagre. In spite estimated break-even point for LNG Australian Domestic Gas Security of record gas production and exports, exports from B.C. Mechanism came into effect July 1 and revenues from the federal petroleum Looking forward, it is highly unlikely will force gas producers to direct more resource rent tax fell dramatically in that gas prices will return to the highs supply to domestic users. 2016, to their lowest level since 1999. of 2011–14. Global LNG export capacity Royalties at the state level (equivalent is poised to grow by a third by 2020 to Canadian provinces) are also incred- based on facilities currently under ibly small. construction. This is reminiscent of B.C., which is Going back to 2013, those high Asian getting a pittance for its own record gas prices fuelled dreams of LNG riches in production. To lure LNG investment, B.C. It was a perfect Hail Mary pass for the B.C. government caved in to in- a tired government seeking re-election. dustry efforts for a better return to the Public resources were used to pay public treasury. It then went so far as consultants to quickly manufacture to recall the B.C. legislature in summer electoral propaganda—100,000 jobs! The new NDP 2015 to pass legislation for Petronas $100 billion Prosperity Fund!—for use government will that would lock in a favourable tax and in the 2013 campaign. regulatory regime. So, what if B.C. had managed to need to reconcile Similar to the B.C. framework, LNG stake out some LNG turf? Let’s turn to its interest in LNG majors in Australia can fully deduct all Australia where recent developments of their capital costs before they pay strongly suggest we should count our with its desire federal resource rent taxes, meaning blessings that we did not win the LNG to put in place a that cost overruns are passed on to sweepstakes. the public sector in the form of reduced Australia is no neophyte: it has tougher climate revenues. Such cost overruns are com- produced LNG since 1989. But its action plan. mon in the LNG industry. Australia’s 10 recent LNG projects have experienced $50 billion in cost overruns, the most legendary being the Gorgon project in Western Australia, which was $20 billion over budget and cost $54 billion to build. One recent report on Australia’s tax and royalty regime for gas found that, due to these and other generous provisions, “the industry will need to record at least $238 billion in profits before a cent in royalties is paid to the Australian people.” LNG exporters in Australia have also been found engag- ing in creative accounting to write off interest payments for the borrowings of offshore subsidiaries to further reduce their profits and evade taxation. As a result of these shenanigans, a comprehensive review of the tax and royalty regime was ordered by the Aus- tralian government in late 2016. There are doubts, however, that meaningful changes will result. This is what “competitiveness” looks like. Ultimately, such deals shortchange the public and represent a transfer of risk from the private sector to the Finally, it’s worth recalling that LNG Former B.C. premier Christy Clark public sector. The Australian experi- is just another fossil fuel at a time (left) tours the Petronas LNG ence demonstrates the reality about when the world is trying to get its cli- complex in Bintulu, Malaysia in 2014 promises of LNG jobs: the vast majority mate change act together. Australia’s PROVINCE OF BRITISH COLUMBIA of jobs occur in the construction stage greenhouse gas emissions (GHG) are and completed facilities employ few projected to grow to at least 2030, and permanent workers. the country will miss its 2020 GHG The Sydney Morning Herald has reduction target by a large margin. Liberal government wasted millions in reported that the city of Gladstone This growth is “primarily driven by the public funds and raised the hopes of has seen a boom and bust due to a development of new Liquefied Natural workers and rural communities. B.C. temporary surge of workers to build Gas (LNG) facilities in Western Aus- has wasted political capital, time and three LNG plants in the area. During the tralia, Queensland and the Northern money on LNG instead of developing boom, housing became unaffordable to Territory,” according to the government. renewables and investing in energy locals and seniors, and professionals In B.C., LNG developments would efficiency and climate-friendly infra- were forced to move away. After a make it impossible for the province to structure. Had a different course been surge of 14,500 construction jobs for meet its own legislated GHG targets. taken, B.C. would already be the Saudi a few years, in a town of 60,000, the The new NDP government will need Arabia of clean energy and have bona completed LNG terminals now only to reconcile its interest in LNG with fide bragging rights on climate action. provide 500 permanent jobs. its desire to put more stringent GHG Natural gas is a finite resource. Brit- This speaks to the biggest fib in targets and a tougher climate action ish Columbians should be thankful that B.C.’s LNG claims—100,000 perma- plan in place. government efforts to quickly liquidate nent jobs, a number that was quickly Let’s recap: even if B.C. had an LNG it for export have come to naught. made up prior to the 2013 pre-election industry today, it would be losing Forget the laments in the mainstream throne speech. It is understandable money on every tanker load sent to media: Petronas’ decision to pull out of why economically challenged regions Asia; the people of B.C. would be paying B.C. is a blessing. M of B.C. would want high-paying LNG higher prices for the gas they consume, MARC LEE IS A SENIOR ECONOMIST WITH THE CCPA’S jobs, but the reality is there are few to while getting negligible public returns B.C. OFFICE. THIS ARTICLE IS PART OF THE CORPORATE MAPPING PROJECT (CMP), A SIX-YEAR RESEARCH AND go around. Those hopes and dreams for all that publicly owned gas; GHG PUBLIC ENGAGEMENT INITIATIVE JOINTLY LED BY THE of B.C. workers and communities were emissions would go up instead of down; UNIVERSITY OF VICTORIA, THE CCPA AND THE ALBER- TA-BASED PARKLAND INSTITUTE. exploited by the Liberal government for and there would be very few jobs. political gain. By creating a whole ministry aimed at bringing LNG to our shores, the B.C. 11 In the news

IAN GREENE their ruling, he was tortured into giving evidence. He had not been treated as a child soldier, as he should have been. Who’s to blame for The actions of Canadian officials vio- lated the rule of law. the Khadr payout? The Court found that Khadr had the right to see the evidence against him. Stephen Harper, mostly. Subsequently, a House of Commons subcommittee on international human rights recommended that Khadr be ince July 4, Canadians have been happened. He was found by American repatriated to Canada to be dealt with embroiled in a debate about the soldiers buried under debris, badly under Canadian law. But the Harper SCanadian government’s $10.5-mil- wounded. Khadr was the only al-Qaida minority government was content to lion payment to settle Omar Khadr’s member left alive in the compound— let Khadr languish in Guantanamo Bay, lawsuit over illegal imprisonment and and U.S. medic Christopher Speer had abandoning the traditional Conserva- treatment. Three points stand out: the been killed. tive defence of the rule of law. abandonment of the rule of law by some As the only al-Qaida survivor, Khadr From 2008 to 2015, the Harper gov- public servants and cabinet ministers; got the blame—despite the absence of ernment decided ignore the Charter the dangers of obfuscating the truth; evidence, and his being a child soldier. of Rights, the Supreme Court and and the sense that it is unfair for all Ca- He should have been separated from Canada’s obligation to rehabilitate child nadians to pay so much for the serious adult prisoners and placed in a reha- soldiers. This inaction resulted in the errors of a few. bilitation program, with Canada’s help. lion’s share of the $10.5 million paid to The rule of law is a key legal support Instead, the U.S. military shipped Khadr for being wrongfully imprisoned for a democracy. Many were shocked him to Guantanamo, where evidence and mistreated. when the George W. Bush administra- against him could be concocted. At In 2008, I told my students that Khadr tion ditched it in order to extract quick two points, in 2003 and 2004, Khadr would eventually be entitled to a legal revenge for 9/11 by setting aside due was interviewed by Canadian officials settlement from the Canadian govern- process for those captured and sent to who knew he had been sleep-deprived ment. The longer the government left the U.S. military base at Guantanamo for weeks. The results of those in- him in Guantanamo, the larger the sum Bay. Of course, that was precisely the terviews were provided to American of money that would have to be paid kind of reaction al-Qaida wanted in its officials—but not to Khadr, who was out, I said. In an entirely just world, that efforts to undermine U.S. democratic denied legal counsel. Subsequently, settlement would be paid out personally institutions. the U.S. Supreme Court twice declared by Harper and his cabinet colleagues. When Khadr was 11, his father forced the “trial” process at Guantanamo Bay That same year, Barack Obama was his son to leave Canada to fight for illegal under U.S. and international law. elected president in the U.S. He said he al-Qaida in Afghanistan. Khadr did not Some Canadian lawyers, who were wanted to close the Guantanamo Bay want to go (what 11-year-old would?) outraged when they heard about facility, which had become a blight on and sometimes hid from his extremist Khadr’s situation, initiated litigation on the United States’ reputation for pro- father in Afghanistan. his behalf. When the case reached the motion of the rule of law. Republicans In 2002, at the age of 15, Khadr ended Supreme Court in 2008, the judges wrote in Congress opposed Obama at every up in a firefight with American forces. that Khadr’s rights as a Canadian had turn. Nevertheless, his administration He says he remembers little of what been egregiously violated. According to wanted Khadr repatriated to Canada. 12 That option was opposed by Stephen Khadr was 16 when CSIS to 2015 the Harper government openly Harper, Jason Kenney, Andrew Scheer interviewed him at Guantanamo Bay flouted the rule of law on a number (the party’s current leader) and other in February 2003. The only western of occasions. These violations tied in prominent Conservatives—again in- prisoner still at the U.S. military with the government’s narrative about creasing the amount of the settlement prison at the time, he pleaded Khadr—that he was a convicted terror- Khadr eventually would receive. with Canadian interrogators to be ist who would pose a danger to Canada. Because of the Harper government’s allowed to return home. By obfuscating the facts in this way, the obstinacy, Khadr’s lawyers applied for REUTERS government tangled itself deeper and a court order to have him repatriated. deeper in a web of untruths. In 2010, the Supreme Court again That web still entangles key Con- unanimously reiterated the severity of to an offence he never committed in -ex servative party leaders. Had they been the rights violations suffered by Khadr: change for an eight-year sentence and willing to describe the Khadr saga in a the right to serve it in Canada. Clearly, more balanced way from the start, the Interrogation of a youth, to elicit there was no sensible option for Khadr Harper government would have been statements about the most serious other than to lie and plead guilty, which in a position to repatriate Khadr much criminal charges while detained in he did in 2010. sooner, thus substantially reducing the these conditions and without ac- The Harper government continued to $10.5-million settlement. cess to counsel, and while knowing resist his repatriation to Canada until Make no mistake: Khadr’s lawsuit that the fruits of the interrogations 2012, when he was transferred from would have succeeded eventually. The would be shared with the U.S. Guantanamo to a jail in Alberta. His Trudeau government had no choice but prosecutors, offends the most lawyers initiated an appeal of Khadr’s to pay up, and the sooner the better, to basic Canadian standards about conviction at Guantanamo in the minimize the total amount. the treatment of detained youth mainland U.S. Given the likelihood that What can be done about the legiti- suspects. Khadr would win, a judge released him mate annoyance many Canadians feel The Court left it to the government to on bail, a decision the Harper govern- over being forced, as taxpayers, to shell find a remedy for Khadr’s rights viola- ment vehemently denounced. out for the serious mistakes of public tions. The government still refused to Those who claim that Khadr “ad- servants and cabinet ministers? What repatriate Khadr, while all other Guan- mitted” to killing an American soldier incentive is there for public servants tanamo prisoners who were citizens of overlook these circumstances. He and politicians to not repeat those western nations were being repatriated is the only child soldier to have been errors, when taxpayers are always liable by their governments. As a result, the prosecuted for a war crime since the in the end? amount of Khadr’s eventual settlement conventions protecting child soldiers Unless a lawsuit can be directed at continued to climb. were instituted several decades ago. individuals in government rather than Because of the Harper government’s Thanks to a group of Christians in the government itself, the threat of legal refusal to co-operate with the Obama Edmonton, Khadr is attending post-sec- action is only a minor incentive for pol- administration, Khadr’s lawyers faced ondary education. He hopes to become iticians to honour the rule of law. What the prospect of a conviction in the a nurse. He has renounced al-Qaida would help is a better understanding illegal court in Guantanamo, based on and other such terror groups, and now among public officials and politicians evidence induced by torture. Khadr speaks out against them. about the nature of the rule of law— could have been sentenced to life in Not only did Canadian officials vio- and the pitfalls of distorting reality. M Guantanamo with no possibility of late the rule of law when dealing with release. Or he could have pleaded guilty Khadr in 2003 and 2004, but from 2008 13 As a recent white paper from the Foundation for ALTERNATE Advancement of Investor Rights (FAIR) explains, retail in- vestors may be less represented in the CCMR than they are FUTURES within the Ontario Securities Commission (OSC). The OSC, like regulators in the U.K. and Australia, has an investor ROBIN SHABAN advisory panel that advocates on behalf of retail investors to improve regulations and promote public confidence. Unfortunately, there are no plans to include such a body Tepid hope for within the CCMR, nor is there any formal retail investor representation on the CCMR’s board of directors. Rather Canada’s new than wait for the board to do the right thing, the FAIR white paper calls on the federal government to amend the CMA securities regulator to require the new national regulator to establish and fund a retail investor panel. The CCMR may also bring regressive change with re- F ALL GOES ACCORDING to plan, by July 2018 several prov- spect to regulation itself. Securities regulators in Ontario inces and territories will have a new securities regulator. and New Brunswick want to see a “best interest duty” Currently, each province and territory operates its own implemented that would require registered investment Iregulator that is responsible for administrating each dealers or advisers to act in their clients’ best interests. province’s unique laws. The provincial and territorial reg- The high-pressure sales scandals of TD and other banks, ulators are part of an umbrella organization, the Canadian exposed in the news earlier this year, show why such a Securities Administrators (CSA). standard is important for ensuring that retail investors Overcoming jurisdictional issues, in the past few years are not exploited. British Columbia, Ontario, Saskatchewan, New Brunswick, It seems odd, then, that the CMA does not contain a Yukon and Prince Edward Island have agreed to replace statutory best interest duty, and it is not clear when, or if, their provincial securities regulators with a new overar- the CCMR will adopt one. Putting off the creation of this ching body, the Co-operative Capital Markets Regulator standard needlessly postpones a critical enhancement to (CCMR), to enforce the Capital Markets Act (CMA). The Canada’s consumer protection framework. Likewise, there CCMR would mark a significant change in how securities is currently no proposal for the CCMR to address the issue are regulated in Canada, and could be an improvement of embedded commissions, which hurt investors and could from our current system. negatively affect the capital market as a whole, according First, regulating securities across multiple provinces, to a CSA consultation paper published earlier this year. rather than province by province, may open up these Embedded commissions make it difficult for investors capital markets, providing more investment and borrowing to determine what they are actually paying in fees, and opportunities to people in other provinces. It also makes therefore whether they’re getting their money’s worth in sense to regulate securities nationally because systematic quality of service. Embedded fees also create a conflict of risk in capital markets often transcends provincial bound- interest because sellers have an incentive to sell products aries. A national system could help Canada better address with the highest commissions rather than those that best white collar crime, as it may be easier for police and other suit the client’s risk and return preferences. As a result, law enforcement agencies to deal with just one securities investors are at greater risk of earning poor returns. regulator when investigating illegal financial practices. Despite the obvious dysfunction induced by imbedded However, as currently envisioned, the CCMR could end commissions, and the CSA’s interest in addressing this issue, up being weaker than the regulators of some participating there is no clear indication that the new national securities provinces, since it is not evident that some important regulator will prohibit such hidden fees when it comes into investor protection initiatives in those provinces will be power next July. carried forward by the new national regulator. The CCMR could be a significant improvement to Cana- For example, changes to the regulatory system may da’s patchwork securities regulation system, but only if we have a big impact on the legal protections afforded retail do it right. Without adequate attention to the needs of retail investors—Canadians of all income levels who buy mutual investors, the CCMR could undo some of the strides made funds, GICs and other financial products, often for the provincially to make sure the majority of Canadians have purpose of securing retirement income. Strong protec- access to fair investment opportunities for their savings. tions for retail investors are even more critical given that Activists and consumer rights advocates should continue increasingly fewer people have pensions. Many Canadians their push for both more accountability from financial must now manage their own retirement savings, and rely institutions and laws that protect the financial interests on advice from representatives of the banks and other fi- of everyday Canadians. M nancial institutions. Weak protections can lead to financial ALTERNATE FUTURES IS A NEW COLUMN ABOUT FINANCE BY ROBIN SHABAN, AN institutions exploiting their clients’ lack of expertise, with INDEPENDENT ECONOMIC AND PUBLIC POLICY CONSULTANT BASED IN OTTAWA. WRITE ROBIN AT [email protected]. potentially catastrophic consequences for those trying to save for retirement, and Canadian welfare as a whole. 14 is also higher than the respondents said this had 413,155 Canadian average. happened to them); 39% reported being treated Number of people in the unfairly by the justice Greater Toronto Area (GTA) system in the past 10 years, who identify as “Black,” 2/3 among whom 71% said it equivalent to 7% of the Participants in the BEP was because they were population in 2011. interviews who said they Black. frequently or occasionally Index experience racism because The Black Experience 47% they are Black. Examples include being mistaken 67% While a small majority of for someone who serves Just over two-thirds of people interviewed identify others, such as a survey respondents said In 2010, the Black first as Black, almost half bellboy or janitor (42% the Black community’s Experience Project (BEP) prefer another term, such say they frequently or cultural or social influence set out to answer the as “African,” “African- occasionally experience was its most important question, “What does it Canadian,” “Caribbean” this), being treated rudely contribution to the GTA, mean to be Black in the or specific African or or disrespectfully (56%), with more than a third Greater Toronto Area?” Caribbean countries. being ignored or not given saying it was community Led by the Environics service at a restaurant involvement or leadership. Institute for Survey or store (52%), or being Research, and involving the $43,090 treated in an overly friendly For more about the project, United Way of Toronto and Median employment or superficial way 68%( ), including the full results of York Region, the YMCA of income of Black residents among others. the BEP survey: the Greater Toronto Area, of the Toronto Census www.theblackexperienceproject.ca. and Ryerson’s Diversity Metropolitan Area (CMA), Institute as major partners, compared to $50,787 for the BEP devised a survey 91% the total CMA population that could “provide valuable Among those interviewed and $56,543 for non–visible insight and direction in by BEP who attended high minorities. identifying policies and school, almost all felt other initiatives that will accepted by other students strengthen the health if most or all teachers at and vibrancy of the Black 25% the school were Black. That community, and by doing Prevalence of low income number decreased to 69% so, the health and vibrancy among Black individuals in schools where there of the entire GTA and in the Toronto CMA, were a few Black teachers beyond.” compared with 15% in the and to 48% where there were none. Just over half The results of that survey, total population. of respondents who went conducted over several to high schools where months in 2015 with 1,505 there were few or no Black individuals who identify as 4/5 teachers felt their school “Black,” were released in BEP participants who was a welcoming and July. Here’s a sample of the belonged to at least one friendly place, or that their BEP’s findings. type of club or community teachers accepted them. (Census data taken group (most frequently a from the 2011 National religious or local commu- Household Survey as cited nity organization), which is in the BEP report.) higher than for Canadians 79% on average. Two-thirds of Male respondents between people interviewed had the ages of 25 and 44 volunteered at least some who said they have been of their time during the stopped in a public place previous 12 months, which by the police (55% of all

15 STUART TREW City versus State Canada’s sanctuary city movement has benefited from a Trump bump. But as migrant rights activists warn, a bad policy can be worse than no policy at all.

ILLUSTRATION BY AMY THOMPSON

T THE END of June, members of What’s that, you ask? At heart, The sanctuary movement predates the Ottawa Sanctuary City Net- sanctuary cities are places where all Donald Trump by many decades, and it work organized a small feast residents, regardless of their immigra- will outlive his presidency. But there is in an open-air boardroom off tion status, can feel safe and secure no doubting that the anti-immigrant downtown’s Somerset Street. accessing city services—from going rhetoric and legislation coming out AThe mood was festive and relaxed. for a swim to taking out a library book of his administration has underlined There were no big speeches or Power- to calling the police to report a crime. the urgency of protecting some of the Point presentations about the group’s There are about 400 sanctuary juris- world’s most vulnerable people—un- goals and aspirations. Just a buffet dictions (cities, counties and states) in documented migrants—from the of delicious Caribbean and Middle the U.S. and hundreds more in the U.K. excesses of state power. In Canada, Eastern food, moving spoken word Most of these places commit to not politicians at all levels of government performances from local artists, and asking for a person’s status or sharing have gone out of their way to express good conversation. It felt like a cel- that information with federal border how different they are—and their ebration, which was a bit odd, given agents if they happen upon it in the cities are—to Trump. Toronto, which that only a few weeks earlier city hall course of providing a service. Sanctu- declared itself a sanctuary city in 2013, had rejected the idea of declaring Ot- ary is therefore sometimes referred to very publicly reaffirmed this status tawa a sanctuary city. as a “Don’t Ask, Don’t Tell” policy. earlier this year. Montreal and London 16 (Ontario) followed suit. And many more Canadian cities affecting 300,000 people. Some of these migrants will join are considering the designation. others fleeing war and impoverishment in Syria, Libya, But not Ottawa. Actually, Ottawa city council appeared Afghanistan and Central Africa. They will make the hard to bury the idea for good, and in the rudest way possible, choice of putting their children on a boat for Europe. when the sanctuary policy was brought up for debate In Latin America, men, women and children have for in March. Despite seven hours of supportive testimony, decades looked to the United States as a stable refuge— from two dozen organizations that work with members from civil wars frequently stoked by the U.S., or the violent of the city’s undocumented population, a majority on the fallout from the war on drugs, or perhaps most frequently city committee concluded there was not enough evidence to escape a life of poverty due to a lack of economic oppor- of a problem for which a sanctuary policy would be the tunities. For decades, U.S. border guards and immigration solution. officials have sought to capture and remove as many Failure? On the contrary—migrant rights activists say of these newcomers as possible. U.S. Immigration and it could be a helpful dose of reality for a country tipsy on Customs Enforcement (ICE) records well over 2.7 million Canadian exceptionalism. Ottawa’s non-status residents deportations over the course of former president Obama’s are, in fact, no worse off than in Toronto, where the city’s eight-year term. The Democrat outdid his Republican pre- sanctuary policy may just put a progressive veneer over- decessor, George W. Bush, in this respect, earning Obama top of continued police co-operation with federal border the moniker “deporter in chief.” agents. “On a number of levels it (the Toronto sanctuary President Trump, now gunning for the title himself, has designation) communicates to the general public and to said he wants to deport all undocumented people in the people who might be needing to access certain [city ser- United States with a criminal record. He calls these esti- vices] that they are safer than they really are,” says Karen mated millions of people “bad dudes” in media soundbites, Cocq, an Ottawa Sanctuary City Network organizer. “In and referred to Mexicans in particular as “rapists” during effect, it’s a trap.” the election campaign. But according to a 2014 New York And yet, despite the clear limitations of such symbolic Times report, two-thirds of Obama’s deportees (the former gestures from Canadian municipalities, the sanctuary president called them “criminals “and “gang-bangers”) were movement strives on. As several migrant justice activists actually “people who had committed minor infractions, would tell me while researching this story, the local debate including traffic violations, or had no criminal record at about sanctuary policy is an ideal place to talk about the all.” Only 20% had committed serious crimes, and statis- bigger failings and inequities of Canadian immigration tics consistently show that first-generation migrants are policy. What’s more, it has the potential to bring too-often much less likely to commit a crime than their naturalized, disconnected communities together in common cause— full-status neighbours. against the violence of modern-day borders, and in support In Trump’s first 100 days he passed executive orders of justice for today’s growing and increasingly precarious targeting migrants from Muslim-majority countries, prom- migrant populations. ising to build a wall along the entire U.S.-Mexico border, expanding immigration detention facilities, expediting the removal of undocumented people, and defunding police Migration and displacement work in sanctuary cities. “No one leaves their home unless / home is the mouth of a “If you’re in this country illegally and you committed shark,” wrote the Kenyan-born Somali poet, writer and ed- a crime by being in this country, you should be uncom- ucator Warsan Shire in her 2015 poem, Home. “You only run fortable, you should look over your shoulder. You need to for the border / when you see the whole city / running as well.” Shire’s words were aimed at her now native England, where the flames of anti-immigrant hatred, always strong in the U.K., had been fanned by the Brexit campaign. But they will resonate, too, with many Canadians who opened their homes to Syrian refugees. Shire’s poem emphasizes how difficult the migrant experience is, and that the pref- erence for home is universal. “You have to understand / that no one puts their children in a boat / unless the water Since the post-9/11 Bush is safer than the land.” Almost every day we read another story of forced dis- years, ICE has illegally placement around the globe. In July, African teenagers seeking a better life were thrown overboard off the coast raided people’s homes and of Yemen. The youth move to the Middle Eastern country workplaces, sometimes to find jobs and escape an unbearable situation at home, many not realizing a civil war is raging at the destination. without a warrant or Since 2014, that war has displaced nearly three million people; almost 15 million have lost access to clean water by pretending to be and sanitation, leading to a massive outbreak of cholera local police. 17 be worried. No population is off the of them possibly encouraged by campaigns related to unique local table,” said Thomas Homan, acting ICE Trudeau’s tweet on January 28: “To contexts, social movement organizing, director, during a congressional hear- those fleeing persecution, terror & political opportunities and economic ing in June. He was referring to people war, Canadians will welcome you, re- realities. who have been in the country in some gardless of your faith. Diversity is our Jennifer Ridgley, a Carleton Uni- cases for years, who have children and strength #WelcomeToCanada.” In July, versity political geographer who is jobs, friends and family who depend hundreds of Haitian residents in the active in the Ottawa Sanctuary City on them, and new lives. (Note how, U.S. also chose to flee to Canada when Network, has researched the U.S. according to the ICE director, simply Trump announced their temporary sanctuary movement extensively, and being in the country without papers residency permits (issued following more broadly state practices of border constitutes a deportable offence.) Haiti’s 2010 earthquake) were about security and migration management. Since the post-9/11 Bush years, ICE to expire. Over coffee in Ottawa, she explains has illegally raided people’s homes and All of these migrants likely believed how the first sanctuary policy in the workplaces, sometimes without a war- their chances were better in Canada. U.S. came out of the Vietnam War. rant or by pretending to be local police, Surely a country whose prime min- It was passed in 1971 by the city of “with little regard for constitutional ister greets Syrian refugees at the Berkeley, California, in solidarity with principles or violations,” according to airport and tweets about diversity as U.S. soldiers aboard the USS Coral Reef the Immigrant Defence Project. “ICE a strength would welcome them when who were refusing to fight what they relies on widespread surveillance and Trump’s America was chasing them believed to be an unjust war. Berke- deception to arrest people outside of away. Unfortunately, real sanctuary ley’s support for the brave actions of a their homes, on the street, in the courts is a long way off in Canada. There are few hundred soldiers became a model and in government-run spaces like classes of people here, too, with differ- for all subsequent U.S. sanctuary city homeless shelters…. ICE’s unchecked ent rights, different levels of access to policies. zeal to target, arrest, and deport im- services, and just as few legal options In the 1980s, the U.S. experienced migrants with convictions not only when immigration officials come at large inward migration of Latin Ameri- destroys families and communities, them with deportation orders. cans fleeing civil conflicts that were in but also reinforces the inequalities of There are people here, in other many cases supported or even sparked the criminal legal system upon which words, who could also use some by U.S. Cold War interventions. In many of its policies rest.” sanctuary from the state. Guatemala, El Salvador and Nicara- Though they are not perfect, U.S. gua, the U.S. either provided covert sanctuary jurisdictions have, until or overt support to topple left-wing now, offered some protection from the The evolution of sanctuary governments or suppress opposition zealots at ICE and in the White House. The idea of sanctuary has ancient and to U.S.-backed right-wing regimes. Given Trump’s warning that he is medieval roots in pagan and Christian Hundreds of thousands were killed; no longer prepared to tolerate sanc- tradition. But as a practice, offering a in some ways the region has never tuary, it’s not surprising how many safe harbor for people fleeing capital fully recovered. more undocumented people in the punishment, runaway slaves, and The U.S. government responded by United States are looking to Canada others facing persecution by the deporting large numbers of these ref- for refuge. Hundreds of people risked state, sanctuary transcends religious ugees; in their cynical logic, accepting life and limb to cross into Manitoba boundaries. According to the faith- the claims as legitimate would have and Quebec by foot this winter, some based Canadian Sanctuary Network, delegitimized the government’s for- which provides support to places of eign policy in the region. A movement worship wanting to offer sanctuary of church groups, led by priests and to house failed refugee claimants, pastors who had embraced the ideas the concept is grounded in two items of liberation theology on visits to of faith: that human life is sacred and Latin America, stepped up to offer the worthy of protection; and that there refugees sanctuary. As a result, they are places and spaces beyond the were targeted by the Immigration reach of the state. and Naturalization Service (now Im- Today, the sanctuary movement migration and Customs Enforcement, The sanctuary in Canada is broader-based, but the or ICE for short), spied on, and in some premise is the same: if churches can cases prosecuted and jailed for their movement predates organize to provide sanctuary to actions. Donald Trump by people they believe the state has no By the mid-1980s, many cities and right to expel, why not entire cities? a few states had declared themselves many decades, and In many ways, the Canadian sanctuary sanctuaries. One of the best (and old- movement follows the U.S. example. est) sanctuary city policies, according it will outlive his But there are important differences to Ridgley, was passed by San Francis- presidency. between the Canadian and American co. In 1985, city council first passed a 18 Protesters outside an ICE office in Milwaukee, to policing and immigration. In general we can say that Wisconsin in May 2014. PHOTO BY JOE BRUSKY. Canadian and U.S. border enforcement policy is more alike than it is different. “That has made sanctuary cities policies more conten- largely symbolic policy that affirmed the rights of refugees tious, but also potentially more important,” says Ridgley. For from El Salvador and Guatemala after experiencing “an example, in Canada, “social service providers, local police intense period of immigration law enforcement in the city, and other actors have become more involved in checking particularly targeting Latino communities,” she says. They people’s immigration status, sometimes through ways that didn’t want to be implicated in the deportation of people aren’t necessarily obvious.” That can include checking a who had become an important part of the city’s culture and person’s status to determine eligibility for a particular economy. As the crackdowns continued and intensified, in program—even though there is no legal requirement to 1989 San Francisco entrenched sanctuary into the city’s do so. administrative code, giving it “a little bit more substance,” “That has huge implications for people living in a city says Ridgley. like Ottawa, because if people believe that local police are Throughout the 1990s things only got more complicated acting as de facto immigration agents, for example, victims for sanctuary cities as immigration law enforcement was or witnesses of crime are less likely to contact the police,” localized under the first and second Bush administrations, Ridgley explains. “Those fears are real. And when you start and by former president Clinton in between. Especially looking into these incidents, these moments that create after the September 2001 attacks on New York and Wash- fear and anxiety for migrant communities, it reveals some- ington, police and other local service providers were being thing about the unfairness of the way services are offered.” implicated in border enforcement. Canadian co-operation Syed Hussan, a migrant justice activist and a veteran of with the U.S. government on security matters also inten- the campaign to make Toronto a sanctuary city, says those sified post-9/11, which produced things like the Safe Third fears are backed up by experience. In Canada, local police Country Agreement (see article on page 24), the creation of forces regularly help the Canada Border Services Agency cross-border threat assessment and immigration enforce- (CBSA) in ways that blur legal boundaries. ment teams, and increased information sharing related 19 In August 2014, the Ontario Provin- Protesters outside Toronto police ranted against sanctuary cities almost cial Police, along with officials from headquarters this April. daily after a white woman (Kathryn the Ministry of Transportation and PHOTO BY MICHELLE DA SILVA / NOW MAGAZINE. Steinle) was killed in San Francisco by CBSA, used the cover of a routine a stray bullet from an undocumented traffic safety stop to arrest 21 people man. Trump used the moment to his they claimed to be in violation of the advantage. As MSNBC reported at Immigration and Refugee Protection contributing to the economy, “there the time, his “hardline position on Act. These other levels of government is a clear notion that we can’t deport immigration deeply resonated with “provide cover for the CBSA to carry everyone,” according to Hussan. Also, conservative voters, and within a out its activities that would otherwise police need to reach out to undocu- week of Steinle’s death, Trump’s poll be illegal,” says Hussan. mented people in criminal cases (as numbers shot up to put him at the Racially based “carding” policies, witnesses, for example), which is less top of a crowded field of Republican where police stop and ask people likely to happen if those people fear candidates.” (usually people of colour) for their they will be deported as a result of No matter how solidly the data ID, is also conflating immigration co-operating. Police motivations for disproves this myth of the criminal enforcement and municipal policing supporting sanctuary policies may not migrant, supporters of sanctuary duties. “We know Toronto police calls be completely humanitarian, but they policies can get stuck in numbers immigration enforcement 100 times can provide a bulwark against federal games with politicians and other a week because the officer is suspi- overreach. opponents, which distracts from the cious the person they’re talking to is At the same time, such arguments bigger picture. In her recent book, a non-citizen,” Hussan says. lend themselves to counter-attacks Sanctuary City: A Suspended State, In the United States, sanctuary from anti-immigration groups claim- author Jennifer Bagelman of the policies are accepted by many police ing that undocumented people are University of Victoria points out how forces as the price of doing their jobs. more likely to be criminals themselves. asylum applicants in the U.K. are also With so many undocumented people In the summer of 2015, the now dis- often treated as “criminals before the living in the U.S. and, importantly, graced Fox talk show host Bill O’Reilly crime.” The implication is that asylum 20 seekers must be coming here to take advantage of us School Board, then anti–violence-against-women shelters, somehow—otherwise they would have used the so-called then food banks,” says Hussan. “We campaigned in these proper channels. different sectors for the next 10 years [because] decisions In Canada, Quebec’s far-right group La Meute made such about services are made at the sub-municipal or provincial claims openly and brashly during an anti-immigration rally levels.” in Quebec City at the end of August. “We think the RCMP By the time Toronto was looking into a citywide should be upholding the law, not carrying the suitcases of sanctuary policy in 2013, the large number of people and or- illegal immigrants,” Sylvain Brouillette, the group’s chief ganizations now backing the idea were concerned it would spokesperson, told CBC News. The rally was just one of be powerless unless it included a systemic retraining of several anti-immigrant and anti-Islam events held in cities public-facing staff and volunteers (so they were not asking across Canada over the summer. for IDs, for example), a large public outreach campaign targeted at immigrant communities and undocumented residents, and an accountability mechanism so that where Trump and the symbolic gesture services were denied a person could make a complaint Given this long bipartisan record of heavy-handed, not safely. “So it was as much a question about changing cul- to mention counter-productive border policy, you could ture and creating a space where the notion of illegality reasonably ask if Trump changes the equation much at that is stamped on undocumented residents is removed,” all. But the president’s threats, and plans by U.S. Attorney says Hussan. General Jeff Sessions to block funding for local policing in What the campaign got was a pared down “Don’t Ask, cities that don’t fully co-operate with the Department of Don’t Tell” policy, with a website instead of the broad public Justice and border agencies, are a real danger. education campaign and limited funding for targeted train- This summer, Chicago, California and San Francisco ing. Then there were the police, who refused to co-operate joined a group of jurisdictions suing the federal government because they disputed the policy’s legal foundations. In a for attempts to condition police funding on the removal of report to city council this spring, Toronto Police Chief Mark sanctuary policies—a move they claim to be unconstitu- Saunders said immigration law was a component in 684 of tional. Some U.S. states, however, have used the moment over 747,000 general occurrences between 2014 and 2016, to crack down on their own cities that are refusing to toe and that the “majority of these stem from investigations the president’s line. Texas, for example, has introduced into an unrelated offence or infraction, whereby the IRPA legislation that could lead to police officers being jailed infraction is discovered as a secondary component.” for abiding by sanctuary policies, such as by ignoring ICE requests to check a person’s status on arrests for driving “The police are never going to be a safe service,” says Cocq, infractions and other minor crimes. Miami-Dade County who was involved in the Toronto sanctuary campaign be- in Florida has already changed its immigration policies to fore moving to Ottawa. “But with the police not even willing comply with Trump’s orders. to engage in a basic review of procedures or anything like In response, many Canadian politicians at all levels, no that—a flat out refusal at the political level to engage—it doubt legitimately alarmed by Trump’s anti-immigration meant that the implementation of the [sanctuary] policy measures, are finding high-profile ways to try to portray would always fall down on that point.” their city, province, or Canada generally as truly welcoming, Nonetheless, Toronto’s “Don’t Ask, Don’t Tell” policy still tolerant and open spaces. Montreal’s mayor, Denis Coderre, stands on paper, and after 2013, activists used the victory rallied councillors to support a sanctuary city motion in to press for similar policies across Ontario and Canada, February, which includes a commitment to offer services to people without status and a plan for people in “vulnerable situations” to receive help from police without being asked for ID. But the group Solidarity Across Borders called it “easy symbolism,” warning that without resources and follow-up by the city, and until Montreal police stop their routine arrests of undocumented people on behalf of CBSA, the declaration will remain a hollow gesture. The symbolism of Canadian municipal declarations “Most border compared to some U.S sanctuary policies is not totally unreasonable. As Hussan points out, many U.S. cities enforcement is done operate as counties under the law because of their size, which gives them managerial roles in policing, education, by transit ticket agents, housing and sometimes health care. Canadian cities don’t it’s done by the public have this kind of power. So when Toronto migrant rights groups started to school administrator, by organize for a sanctuary city policy in 2003, they avoided the city altogether. “We first went to the Toronto police the health administrator services board, then we went to the Toronto District at the hospital.” 21 veterans of the Toronto campaign, got believe and put faith in the organiza- Today the Ottawa to work building public and council tions and the people who work every sanctuary campaign support. Organizations dedicated to day on the frontlines with newcomers ending violence against women played when they tell us it’s happening, that talks of building an outsized role, since they have reg- they’re hearing from refugees who ular direct contact with the kinds of won’t access services because they’re “sanctuary from the people who will benefit most from a afraid, because they don’t know what ground up.” sanctuary policy. could happen.” “Some of the women we work with Seeing that most of her colleagues and/or their family members have were not prepared to do that, McK- precarious immigration status and enney decided to table her report on as a result, they often do not access sanctuary cities and let the debate the city services and supports they stand on record, rather than put the need for fear that information about matter to a vote. “To bring a motion their immigration status might be and have it voted down, sometimes shared with immigration enforcement that can work just to put an issue and to put pressure on the Ontario and put them at risk of detention or on the table, but in this case it’s not government to stop co-operating with deportation,” read a letter signed by 25 what I wanted. I didn’t want to force CBSA and address barriers to access groups and sent to Mayor Jim Watson my colleagues into voting. What I in provincially mandated services like and council in March. “This can include wanted to do was to be able to have health care. All these city motions are not accessing women’s shelters, coun- that discussion [with the experts]. At symbolic, Hussan says, “like when selling services, public health services, some point we’ll have to revisit it,” she Burnaby puts out a statement saying food banks, emergency services, city says. we are against a pipeline. It doesn’t recreation programs, and even public “I am very aware of the fact that actually do anything, but it creates transit.” having no policy around sanctuary is momentum.” Many of the same groups presented better than having a policy that is not to the committee hearing set up in strong. So I think that my role going ttawa councillor Catherine McKen- March to discuss a sanctuary policy. forward and the role I play with the ney, who launched the sanctuary To their surprise and disappointment, sanctuary network is to keep the Odiscussion at city hall this year, councillors were not just disinterested conversation alive and active. We’re is aware of the need to go beyond but even hostile to the idea. A few coming up to another election; maybe symbolic gestures. She says she was councilors “demonstrated a blatant that’s the time to have the conversa- sparked into action by a friend who lack of respect for presenters, ques- tion again.” had moved here from Iran about a dec- tioning their expertise, ignoring their ade ago. When Toronto reaffirmed its testimony, even talking over them or sanctuary policy earlier this year, her leaving the room during deputations,” Sanctuary from the ground up friend asked why Ottawa was missing reported the Ottawa Sanctuary City Today, the Ottawa sanctuary cam- in action. “Honestly, I thought it was Network in a bulletin to supporters. paign talks of building “sanctuary going to be easy…and that there would The opposition’s main weapon from the ground up.” The debate in be widespread support,” she says. “If was a city staff briefing suggesting council exposed the biases that will anything, I thought that coming sec- that a person’s status is currently have to be overcome and the public ond to Toronto might have made us not requested when they access city education work ahead for the network feel that we should have been quicker.” services. “I checked with staff, and of organizations pushing the policy. The election of Trump, despite or in they could not come up with one But it also opened up a space for on- some cases because of his anti-immi- single example in recent memory of going organizing in support of equal grant rhetoric, and his administration’s any individual being denied service access to the community and all it has move to block migration and punish in an emergency fashion, or a library to offer, not just the services one level U.S. sanctuary cities, “made it seem card, or other city services—not one,” of government provides. more real,” says McKenney, though Mayor Watson told CBC News in Feb- “The sanctuary city debate provided she acknowledges that “we’ve had ruary. There were also red flags about cover for us to have conversations residents in the city, in the country, possible lawsuits should the city fail to that were actually about borders and with precarious immigration status share information on a person’s status about racism and about authority forever.” Also on the councillor’s mind when it’s requested by other levels of and community building and social were the xenophobic messages com- government. justice,” says Cocq. “It was about not ing out of the Conservative leadership McKenney says she is not surprised waiting for politicians to make things race and confluent mass shooting at a there is no anecdotal evidence on re- better, but our need to organize on the Quebec City mosque in February. cord of denied service. In fact, it may ground for change.” With a motion for debate in play, prove her point that some people are Actually, says Hussan, the campaign Ottawa activists, with support from afraid to come forward. “You have to has always been about change at the 22 bottom. In Montreal they call it a JAMIE LIEW solidarity city, recognizing the need for communities to come together, outside of official city channels, to Sanctuary cities and the law in Canada defend themselves against state overreach. “The purpose of the work is to URING OTTAWA CITY council’s debate However, police officers across the country create a culture, not a set of laws, this spring on becoming a sanctuary currently discretionarily choose to conduct but a culture where undocument- city, critics—including the mayor and “status checks” with CBSA when they come edness or illegalization of human Dcity managers, who oppose the poli- upon an individual they suspect of not having beings is rejected outright,” Hussan cy—cited legal barriers to the designation, a particular immigration status. This raises says. “It’s extremely important that and argued it was a solution in search of a red flags. What reason might an officer have this is a cultural issue because most problem. Let’s explore why they are wrong to suspect that someone does not have border enforcement is done by on both counts. status to remain in Canada? An accent? transit ticket agents, it’s done by the In Canada, municipalities are in general Skin colour? public school administrator who empowered through statute to constitute Racial profiling in police interaction with asks for your documents and turns a police force. In Ontario, for example, the the public is a problem across the country. you away, it’s done by the health Ontario Police Services Act sets out the cir- The Ontario government recently introduced administrator at the hospital who cumstances under which a municipality may legislation banning carding (requests to see says if you don’t have a health card establish a police force, and outlines govern- identification outside of an arrest) by police. you can’t get services.” ing requirements such as the establishment However, police retain the discretion under Hussan adds that we also have of a police services board. Section 31(4) of the new law to say they are investigating a to rethink how we talk about mi- the act states, “The board shall not direct particular crime for which carding would be grants in these times, especially the chief of police with respect to specific acceptable. with a loudmouth like Trump, who operational decisions or with respect to the By actively ascertaining an individual’s can lead some people to act as if the day-to-day operation of the police force.” immigration status and then sharing that difference between fairness and The city has relied on this clause to argue information with the CBSA, the police are exclusion is a matter of personal that council cannot pass any policies that pushing already vulnerable and marginalized choice: a tweet, a brand, an empty would have the effect of directing the police individuals further into the shadows. Until gesture. force to change its operations. A strict read- carding is banned outright, migrants with “The way that Canadian mayors ing of the provision, however, points to the precarious status have good reason to be and other politicians have respond- police services board, and not city council, as concerned about any interaction they have ed [to Trump] shows a complete lack being prohibited from interfering in this way. with the law. of historical understanding of the The wording does not prevent council from This hurts everybody. It makes undocu- kind of dispossession, suffering and requesting that the police align its policies mented migrants less likely to come forward impoverishment that undocument- with sanctuary city principles. as victims of crimes or as witnesses. They ed people face here as a result of Furthermore, some members of the police are less likely to call 911 or ask for help when Canadian laws,” says Hussan. “Be- services board in Ottawa are city councillors. someone is hurt. The police have a duty to cause Trump is racist doesn’t mean There is nothing preventing council from protect the public, and this duty extends to Canada immediately became more directing these members to raise the issue everyone regardless of status. open. That line of thinking being of sanctuary city alignment for discussion Finally, the concern among some city bandied about really needs to be by the board. The arm’s-length relationship councillors and the public in Ottawa that un- pulled back.” between city councils and police boards does documented migrants would be evading the Like McKenney, Cocq says not mean the city has no authority. Otherwise law is without merit. Adopting “access with- sanctuary policies will play an im- there would be no way to hold police forces out fear” or “don’t ask” policies—important portant role in getting us to that accountable. parts of sanctuary city designation—does point. “If a conversation around The city’s second misconception regarding not mean that individuals with precarious sanctuary can open up the door sanctuary policies is that local officers and status are being put above the law. The force to a conversation about what our police staff have a duty to report to federal of criminal law applies to everyone, regard- immigration system looks like, police and border officials, and that this duty less of status. In fact, non-citizens often have what it does to people, how could cannot be abrogated. This isn’t true. to face much harsher consequences than it be different, and how could we There is no positive legal obligation on citizens for breaking the same criminal laws. think differently about the kinds the part of the police to report someone’s Safety in our community means creating of places we want to live in….then I immigration status, except in the very limited safe ways for everyone to report crimes think it’s very useful.” M circumstance that a warrant is issued by the and call for help. All of us are at risk when Canada Border Services Agency for the ar- only some members of our community rest of a certain individual. Even then, police feel safe interacting with the officials and officers have no positive obligation to ask for bodies entrusted to protect us. M someone’s immigration status. 23 ADITYA RAO Unsafe and unsound Canada can stop irregular border crossings by suspending a harmful Bush-era refugee pact

HE SPATE OF recent border crossings, harmful. It suggests that refugee the refoulement of individuals to particularly in the small town of claimants are doing something wrong, countries where they may suffer Emerson in southern Manitoba, as or worse, something criminal. The persecution. Indeed, the prohibition Twell as in Quebec over the Sum- use of the term irregular is therefore on non-refoulement is a bedrock of mer of 2017, have brought to attention deliberate. international refugee law, accepted as a rather forgotten piece of paper that In international law, and in Cana- binding on all states, which are barred prevents refugees from seeking safe dian immigration law, there exists from deporting refugee claimants haven in Canada if entering from the an exception for individuals fleeing without a fair hearing, particularly United States. persecution to be able to cross interna- to the countries they are fleeing. The document, called the Safe tional borders without authorization In 2007, Amnesty, the CCR and the Third Country Agreement (STCA), is in order to make a refugee claim. Upon CCC challenged the Safe Third Coun- a bilateral agreement between the the adjudication of the claim, the in- try Agreement as being dangerous to U.S. and Canada that bars individ- dividual in question is either granted the lives of refugees in a way that vio- uals who come through one of the refugee status or denied it, leading to lated their rights. They won at Federal two countries from making a refugee the ensuing consequence. Court, but were overturned on appeal claim in the other, subject to a few Amnesty International, the Cana- on the grounds (among others) that limited exceptions. For example, the dian Council for Refugees (CCR), the the Court cannot contemplate Charter agreement only applies to individuals Canadian Association of Refugee violations based on “hypotheticals.” In crossing at a land-border checkpoint. Lawyers (CARL) and the Canadian plain language, this meant that the It does not apply to individuals who Council of Churches (CCC) are among justice system was not interested in are already inside Canada, regardless the many organizations who have preventing harm—only repairing it. of where they were before. joined with academics and practition- Well, we now have evidence of ir- Since the election of Donald Trump, ers, including from the U.S., to call on reparable harm. A young man lost his the STCA has resulted in the literal Canada to suspend the STCA. In early fingers and toes to hypothermia after loss of life and limb. Individuals and 2017, over 200 Canadian law professors walking across the Manitoba border on families have sought in desperation to joined together to write an open letter a particularly cold night. This spring, cross the border irregularly, at night to the minister of immigration, refu- a woman lost her life trying to do the and in the dead of winter, out of fear gees and citizenship, echoing the call. same. Dozens of others have suffered they will be sent back to the U.S. by A Harvard report in February 2017 physical and psychological trauma Canadian border authorities. They argued that the idea the U.S. is safe is from perilous winter crossings. worry their claims for status may “wrong and unfounded.” In June 2017, these same organiza- not succeed under the Trump admin- There are mounting concerns that tions announced another round of istration, even if they are genuine, or the Trump administration is willing to litigation based on the recent loss that they will be deported to the very risk violating long-established inter- of life, the harm suffered by many countries from which they are fleeing national human rights laws, including migrants and the desperation so persecution. the prohibition against torture and many are forced to endure. Their Whether these deportations occur announcement came on the heels of or not, the fear is real. That fear, and a comprehensive 52-page brief from the risk of being turned back at official the CCR and Amnesty International, border checkpoints, are driving people contesting the designation of the U.S. to cross into Canada irregularly. Tweets on their as “safe.” It is not illegal to cross a border This ban is one of the push factors without permission in order to seek own will not causing many Haitian asylum seekers, refugee status. Language used by prevent loss of life who have lived in the US for years the media and many politicians, without proper documentation after particularly on the right, is not on the Canada- fleeing the 2010 earthquake, to look just misleading and inaccurate, but U.S. border. to Canada for asylum. Under the 24 agreement, they would be barred from A family claiming to be from Turkey were no reason to fear being turned access to Canadian refugee protection crosses the Canada-U.S. border back to the U.S., asylum seekers would if they arrived at an official border into Hemmingford, Quebec this simply present themselves at a Cana- crossing, leading many to cross at February. dian checkpoint to be processed. This unauthorized locations. REUTERS/CHRISTINNE MUSCHI would address not just the human The report outlines, among other rights concerns, but also those from things, barriers in the U.S. that make it the right (however inflated) that the incredibly difficult for refugees to suc- borders are insecure. It would reduce cessfully gain protection. For example, to the plate to provide protection to pressures on small border towns who a procedural ban prevents asylum those who are so desperate as to risk worry that their limited emergency seekers from filing a claim after one everything just for a chance at a safer, resources are being diverted to help year of being in the U.S., forcing them better life in Canada. desperate asylum seekers. to remain undocumented, risking The federal government could save Prime Minister Trudeau has tweet- detention and even deportation. hundreds of thousands of dollars in ed about how welcoming Canada is As Ottawa refugee lawyer Jamie litigation costs (and almost certainly to refugees. But tweets on their own Liew has argued, by allowing the STCA more in damages) by simply listening will not prevent loss of life on the to stand, the Canadian government is to experts from across North America Canada-U.S. border. signalling it would rather allow the U.S. who work on the frontlines. Suspend- In fact, it is downright disingenuous to make asylum claim determinations ing or cancelling the SCTA, which for the prime minister to signal that instead of doing so itself. This is prob- simply involves sending written notice Canada is safe for asylum claimants lematic not only because the asylum to the U.S. government (per Article 10 afraid of anti-Muslim and anti-refu- system in the U.S. is dangerous for of the agreement), would also help gee rhetoric in the U.S., only to then refugees, but also because we ought Canada avoid the embarrassment of send them back to the U.S. when they to have faith in our own domestic having to make the bizarre argument arrive. If the federal government refugee protection system. in court that Donald Trump is safe for is serious about protecting asylum We have the resources to process refugees. claimants, it must suspend the STCA asylum claims arising at the Cana- It is without question that suspend- immediately. M da-U.S. border and we must step up ing the SCTA would save lives. If there 25 26 Feature

RICHARD NIMIJEAN A Portrait of Justin Trudeau The world is in love, but contradictions between the prime minister’s ideals and his government’s actions are testing public support at home.

AN WE FINALLY admit it? The world really does love Justin Trudeau. When he first proclaimed, after his 2015 election victory, that “Canada is back,” global audiences reacted with political optimism and fawning approval. Prominent media outlets Clike the New York Times, Vogue and Paris Match ran glowing fea- tures about the celebrity prime minister and his famous family, their political legacy now firmly entrenched. From the world of public diplomacy to the fashion world the buzz only grew louder. We’re now even talking about Trudeau’s sock diplomacy. Part of Trudeau’s appeal is his willingness to be available to international media. He appeared on the cover of an airline mag�- azine. He was interviewed on a baseball podcast. When host Kelly Ripa of Kelly and Ryan, the popular American daytime television show, asked Trudeau what it was like to be the sexiest politician alive, he expressed no shock or outrage. His wife, Sophie Grégoire, “knows what I look like when I get up in the morning,” he quickly joked. Trudeau, comfortable in pop culture and the public world of social media, seems to know that just being “out there” enhances his appeal. I am writing this column from Switzerland. When I tell Swiss I meet that I am Canadian, their first question is often about Jus- tin—do I like our young and exciting prime minister? I ask what they know about him, apart from his age. Normally they simply say he is unlike old politicians, and that he helps people abroad see Canada apart from the U.S. and its current president. When I probingly ask what Trudeau and Canada stand for, they inevitably admit they don’t know. He just seems interesting, exciting and different. While anecdotal, such reactions are instructive, for they put the global media’s love affair with Trudeau into context. For a great many people outside Canada, he appears to embody the cool, hip, young and progressive politician the 21st century needs. To be fair, this impression is not pure superficiality. Whereas the Harper Conservatives in 2015 unsuccessfully tried to paint Trudeau as an inexperienced neophyte with nice hair, the Liberal election platform addressed serious issues like inequality and climate change, proposed novel policy changes for addressing them,

27 and proclaimed firm stances and a clear Yes, Trudeau has managed Canada–U.S. value set that voters assumed would guide relations fairly well, in that President future policy actions. Trump seems to like the young prime In the beginning, that’s what seemed to minister, and Canada has not borne much be happening. At the UN climate summit of the infamous wrath suffered by Germa- in Paris in late 2015, Trudeau said that ny, Mexico and other countries. Yes, the Canada would become an engaged actor political conversation seems less polarized on climate change in contrast to his pre- or angry, a not insignificant feat. Yes, the decessor. In a visit to London, and later economy is growing, but all leaders like to at the World Economic Forum in Davos, claim credit for good times, even if growth he declared that diversity was a Canadian is often attributable to factors beyond strength and a key ingredient of future their control. prosperity. In another context this would Perhaps the government’s most be a boilerplate Liberal talking point. But significant achievement has been the when ethnonationalism was threatening introduction of gender-based analysis to many European countries, and at the time the federal budget, a new gender-based putting a mark on the 2016 U.S. presiden- violence strategy and a reframing of de- tial election, it was a bold statement. velopment policy through a feminist lens. By early 2017, when a newly elected Attitudinally, when combined with a cabi- President Trump issued his executive net comprised equally of women and men, order restricting migration from seven these initiatives mark a fundamental break Muslim-majority countries, Trudeau with the status quo, though many activists tweeted, “To those fleeing persecution, argue that more investment is required if terror & war, Canadians will welcome any of these initiatives are to work. you, regardless of your faith. Diversity is But then there are the numerous policy our strength #WelcomeToCanada.” When stumbles, reneging entirely on electoral Trump announced that transgendered reform chief among them. And Trudeau Americans would be banned from the has made political missteps: getting phys- military, the Canadian Armed Forces, ical with opposition MPs in the House of channelling a prime minister who strong- Commons; an ethics investigation into his ly supports LGBT rights and marches in holidays; and, most recently, talking about Pride parades, promptly tweeted, “We his well-known boxing match with Sena- welcome Cdns of all sexual orientations tor Patrick Brazeau in such a disparaging and gender identities. Join us!” manner that it was widely interpreted as It is no doubt because of these outward picking on Indigenous peoples to promote expressions of socially progressive values his political narrative. that the international media continue to Not surprisingly, a growing number of pump up Trudeau. German newspaper journalists and analysts are contrasting Bild called him “the new Kennedy and the the government’s record with Trudeau’s anti-Trump.” Rolling Stone put Trudeau international image. Michael Harris no- on its cover, asking “Why can’t he be our tably called him “the do-nothing Trudeau President?” and “Is he the free world’s the global press doesn’t know.” Others, best hope?” As much as it made Canada’s like the National Post’s Jen Gerson and national media cringe at the time, perhaps Canadaland podcaster Jesse Brown, are “Canada is back” was more than an empty writing to international audiences that political slogan. Trudeau and his government are not Not so fast. as progressive as they insist they are. A quick review of how the government has handled key issues backs them up. A look at the Trudeau record On climate change and the environment, Writing in the Monitor after the 2015 ͸ Trudeau’s policies to date have not strayed election, I cautioned Canadians on being significantly from the Harper era. Both the overly optimistic about what Prime Liberal and Conservative governments ad- Minister Justin Trudeau might achieve vocated a vision of responsible expansion (“Electoral reform will test Trudeau’s lead- of tar sands oil production and the pipe- ership, and his values,” January/February lines to take it to market. As in the Harper 2016). Nearly two years into his mandate, it era, critics contend that current Canadian is hard to identify any high-level success stories. 28 actions ensure the country will not meet its international continuing the policy trajectory of the temporary foreign emissions reduction targets. workers program, repackaging social welfare programs to look more proactive, and privatization, all ensure the While Trudeau was widely praised at home and abroad ͸ furthering of Canadian neoliberalism. for welcoming Syrian refugees to Canada and promoting a belief that they belong here, Kamal Al Solaylee argued ͸ Trudeau harkened to liberal internationalism’s glory days that Canadians had “hijacked the narrative” and made the with frequent mentions of a return to peacekeeping, no story about “us” and not the refugees. In fact, compared doubt linked to his much-publicized campaign for Canada to other countries (on a per capita basis), Canada did not to regain a seat on the UN Security Council. However, plans bring in significant numbers of Syrian refugees. And when for a new UN mission continue to be delayed. At the same people started crossing the Canada-U.S. border this spring time, the government, preoccupied with ensuring good to escape anticipated deportation in Trump’s America, the relations with the United States (given President Trump’s Trudeau government responded rather harshly, with a frequent criticism of the lack of military spending by allies), spokesperson for Public Safety Minister Ralph Goodale offered up a new defence policy that promises many bil- saying, “To be clear, trying to slip across the border in an lions of new dollars for the military. Daryl Copeland argues irregular manner is not a free ticket to Canada.” that the new orientation of Canadian foreign policy is “very With rhetoric like that, it’s not surprising that half of much the product of [Foreign Affairs Minister Chrystia Canadian respondents in a July 2017 poll said they believed Freeland’s] cheerleading for hard power.” terrorists were posing as refugees to get into the country. In Meanwhile, international assistance suffers. Canadian August 2017, a new wave of people fearful of being deported ͸ contributions to global efforts have dropped even as global back to Haiti began crossing the border. In response, Im- contributions increased. Trudeau has complained about migration Minister Ahmed Hussen stated, “We discourage international aid targets being too ambitious (even though irregular crossings.” This was despite the prime minister’s the target of 0.7% was started by Nobel Laureate Lester tweet, noted above, about welcoming those fleeing perse- Pearson). Finance Minister Bill Morneau said aid groups cution. McMaster University’s Vic Satzewich summed it should do more with less. In April, Stephen Brown, a spe- up best: “Canada welcomes refugees, but shuts the door cialist in Canadian development policy at the University of on asylum seekers.” Ottawa, referred to the Trudeau government’s assistance ͸ While the government’s first budget in 2016 was econom- policy as “Harper Lite.” ically activist (e.g., on the expansion of child benefits and The government proceeded with a controversial sale promises of new infrastructure spending, including for ͸ of military equipment to Saudi Arabia, despite outcries housing), it is business as usual when it comes to free trade. from human rights activists and a poll showing a major-� The CCPA regularly identifies the high costs Canada will ity of Canadians opposed the deal. Trudeau claimed that pay for Harper’s European trade deal (notably for brand cancelling the contract would hurt Canada’s image as a name prescription drugs, which will get longer patent country that could be relied upon. He said the deal would protection in CETA). Former diplomat David Mulroney go ahead “because we’re not a banana republic.” However, criticized the government for not paying attention to the by August 2017, the federal government began investigating human rights dimensions of a possible free trade deal with new allegations that equipment from a Canadian company China. Documents reveal that the government has tried in a previous deal might have been used in a crackdown carefully to manage adverse reactions to closer ties with that resulted in the death of at least five Saudi citizens. China, apparently intent on getting a deal done. And there is concern that the government is ignoring national security ͸ Trudeau seems concerned about being seen as criticising concerns in its rush to attract Chinese investment. Mean- some of President Trump’s more outrageous tweets and while, the Liberals’ new national security bill, according to statements for fear of disrupting Canada–U.S. relations Toronto Star columnist Thomas Walkom, is quite similar (something that would not be politically difficult given to the Harper government’s Bill C-51. Canadians’ low regard for the president). Canada’s ambas�- sador to Washington, a Trudeau appointee, declared that The Trudeau government is exploring the rather Or- ͸ “Canada needs to let Trump ‘declare victory’ on NAFTA.” wellian concept of “asset recycling” as it seeks to privatize Most tellingly, German newspaper Der Spiegel reported Canadian airports and use the proceeds to invest in other that Trudeau suggested Chancellor Angela Merkel remove infrastructure projects—something Australian economist references to the Paris Accord in a G20 statement on climate John Quiggin likened to “selling your house to buy an ex- change, so as not to not provoke President Trump—an act pensive car.” The proposed Canada infrastructure bank also of “appeasement” according to the newspaper. allows for (insists on, actually) greater private participation in public infrastructure. Politically, the government has shielded itself from backlash to these policy choices through the strategic use Thus, while the media often label the Trudeau govern- ͸ of consultations. For example, Minister Freeland has enlisted ment “activist” because of its willingness to incur deficits, as from the left (NDP strategist Brian Topp, Canadian Labour economist Michal Rozworski outlines, the devil is in the Congress President Hassan Yussuf) and right (Conservatives details.. Numerous changes to the management of the wel- Rona Ambrose and James Moore) for an advisory committee fare state, including easing control on foreign investment, 29 on the NAFTA renegotiation. These This explains why, despite the love Looking to 2019 people may or may not have any real for Trudeau outside the country, with- So what does this mean as the next power to affect the trilateral talks, but in Canada he is increasingly criticized federal election nears? I have argued their presence in the government’s from both the right and the left. Before elsewhere that in the era of domestic camp creates the impression that there the summer break, in a column com- brand politics, the communication of is widespread ideological consensus paring the Liberals’ ambitions with values is central to political compe- on what could turn out to be a highly their policy record, former Harper tition. This is apparent in Trudeau’s contentious final deal. communications director Andrew political strategy. “Canada’s a place McDougall pointed out, “We’re now where people don’t always vote on into month 20 of Liberal majority gov- surface identity, but vote on values,” Two Trudeaus? ernment and, to date, there have been he told Rolling Stone. So who is the real Trudeau? The emo- only 19 bills passed, despite closure Many Canadians will no doubt tionally genuine leader who wears being invoked 23 times. This is parlia- appreciate the prime minister’s his heart on his sleeve, or the much mentary peanuts.” Duncan Cameron, favourable contrast with President more cautious and conservative leader writing in Rabble.ca, worried, “The real Trump in that heavily discussed ar-� whose policies and actions often do business of governments is carried ticle. And despite dropping approval not match his soaring rhetoric? In out behind closed doors in meetings ratings Trudeau remains popular. some ways, Trudeau has a Zelig-like between lobby groups and Liberal Given these realities, and how many quality after the Woody Allen charac- (or Conservative) ministers and/or Canadians identify with Trudeau’s ter: he is able to adapt his outlook and officials of the PMO.” values, we can expect to see a lot more policy pronouncements to whatever There seems to be a growing concern of him—particularly given that his audience he is speaking to, allowing that, rather than offering the country cabinet has performed unevenly and diverse constituencies to simultane- something truly new, Trudeau is very with few accomplishments—as we ously project their visions on to him. much your classic Liberal prime minis- get closer to the 2019 federal election. (In his illustration for this article, ter, speaking from the left, acting from The risk is, of course, that Trudeau Remie Geoffroi compares Trudeau to the right (or at the least not acting in may end up wearing his government’s Oscar Wilde’s famous protagonist, Do- accordance with his stated values), shortcomings. For example, while the rian Gray, who maintained a youthful and assuming throughout that the Liberal government expresses a desire appearance while his portrait changed party’s visions of and for the country for a new relationship with Indigenous to reflect his age and less savoury are one and the same as what the peoples, critics maintain they have not deeds—eds.) Canadian public believes and wants. invested sufficient resources to fix Thus, while some are encouraged by Indeed, proclaiming that Canada is longstanding socioeconomic inequal- Trudeau’s regular pronouncements on back, right after an election victory, ities. Rethinking the relationship may climate change, he also speaks warmly is indicative of this arrogance. As also require stepping back on pipelines to the oil industry. “No country would veteran political journalist David Akin and fossil fuel expansion, and putting find 173 billion barrels of oil in the ground asked at the time, was Canada under much more effort into implementing and just leave them there,” he told a Trudeau back to breaking its word on the United Nations Declaration on the Houston energy conference in March, commitments made to international Rights of Indigenous Peoples—both in a speech that earned him a standing environmental treaties, just as Canada tough sells, apparently, for a party not ovation. The Liberal government argues had done under Liberal prime minister accustomed to seeing such vigorous forcefully that pipelines are needed to Jean Chrétien when he proudly signed pushback on its initiatives. Soothing export bitumen from Alberta. In his the Kyoto Accord? rhetoric may not be enough. rhetoric, Trudeau makes it clear what Indeed, where had Canada gone In the Rolling Stone feature, he believes in, but his actions make it less during the Harper era? What about Trudeau recounted his boxing match clear about what he stands for. Harper’s complaints that the Liberals with Senator Brazeau, essentially The political danger of this strategy always talked a good game internation- admitting he was preoccupied with for Trudeau is that contradictions will ally but didn’t act accordingly, such as managing his public persona for po- ultimately get noticed. A Public Radio on development or peacekeeping? Are litical advantage: “It wasn’t random.… International news story recently non-Liberals also not Canadian? After I wanted someone who would be a noted how his “green and progressive” all, shortly afterhis election victory good foil, and we stumbled upon the image disappears when talking about in 2006, Harper also proclaimed that scrappy tough-guy senator from an increasing oil and gas exports to the Canada was back and would have a Indigenous community. He fit the bill, United States, a fact not lost on Bill new role in the world, in which Canada and it was a very nice counterpoint…. McKibben: “He’s as big a hypocrite as would act in a principled manner and I saw it as the right kind of narrative, there is,” said the well-known envi- be a strong supporter of its allies in the right story to tell.” ronmentalist. “I don’t know whether the fight between good and evil. There By admitting his concern for po- he’s confused or if he’s just a straight would be no more dithering in Harp- litical narrative, Trudeau instantly up liar, but those seem like the two er’s global Canada. undermined his desire for reconcil- possibilities.” iation. The reaction to the Brazeau 30 fight was stinging. Two comments under a Guardian (U.K.) to continue its outreach to new Canadians by focusing on article about the Rolling Stone piece sum up its effect: traditional conservative economic issues, a key to Harper’s “So ‘privileged white guy beats up Indian’ was the ‘right success. kind of narrative?’ Seriously?”; and “White guy in power & The Trudeau Liberals will also be challenged from the left. entitlement looks 4 an #Indigenous human to beat up so As I noted in my 2016 Monitor article, the collapse of the NDP he looks like a strong white dude. How precious & colonial and its mainstream message allowed Trudeau to emerge the supreme.” improbable victor in 2015. Will disaffected NDP supporters Trudeau was forced to take back his words, expressing continue to vote Liberal? The “at least he’s not Harper” effect regret in a public statement several days after the article has still not worn off. The party may need to show that we came out. But his underlying concern for shaping his own now have a prime minister whose rhetoric, when push comes personal narrative has ultimately hurt his brand. The in- to shove, far exceeds his willingness to live up to proclaimed terview revealed not only the public side of Trudeau that values. “Harper Lite” may not resonate beyond a small group many people know and love; they also saw a calculating today, but as the Rolling Stone experience showed us, the and rather insensitive politician. carefully crafted Trudeau image is not impervious. Among Trudeau’s other challenges, regional tensions We have seen in other western nations, notably the can be expected to resurface. While he has worked hard to United States, Great Britain and France, that many voters— improve his party’s support in the West, his family name is especially young people who historically do not vote in high still widely reviled by many Albertans who disliked (to put numbers—are interested in and will support unabashedly it mildly) his father’s National Energy Program. While the left-wing politicians like Bernie Sanders, Jeremy Corbyn Trudeau government has good relations with the Notley and Jean-Luc Mélanchon. These leaders have not only NDP in Alberta, a recent poll showed a newly united right developed messages that respond directly to these voters’ would overwhelmingly win the next provincial election. concerns; they are increasingly developing communication Even small mistakes, like forgetting to mention Alberta strategies rooted in social media to mobilize large numbers when listing Canadian provinces on Canada Day, showed of people at election time. If the NDP can do the same, the depth of resentment that remains. ironically this could have a dramatic effect on the next We also have a new NDP-led government in B.C. that election, given the nature of the “first past the post” system could be a source of tension with respect to pipelines. that Trudeau failed to reform. Meanwhile, according to an analysis by the Angus Reid The NDP is currently in an important transition period Institute, Liberal vote intention is dropping considerably in following the removal of Thomas Mulcair as leader. Party Atlantic Canada, the region that most strongly supported faithful, still stinging from the 2015 mainstreaming of the Trudeau in the last election. The analysis also showed that party platform, will likely push leadership contenders to vote intentions now only narrowly favour the Liberals over promote more classic left-wing economic ideals. While the Conservatives nationally. news reports highlight conflict between the four major Federally, much has been made of Conservative leader candidates—in particular, Jagmeet Singh’s policy proposal Andrew Scheer’s friendly disposition, commitment to on old age security and Charlie Angus’s accusation that he family values, and optimism, with references to him being is “acting like a Liberal”— collectively the party is poised to “Harper with a smile.” This could be reassuring to voters challenge Trudeau on files where he has had somepolitical who liked Harper’s conservatism but did not like the tenor success, despite a lack of progress: promoting feminism, of his government, with its secrecy and constant politicking. reducing inequality, the energy-environment nexus, and While appointing Lisa Raitt—an equally optimistic (and reconciliation with Indigenous peoples are some examples. better known) leadership candidate in that race—as deputy In many ways, we can now see that Trudeau won the leader, and even “absolutely” declaring himself a feminist in 2015 election because he successfully told Canadians that an interview with Chatelaine, Scheer nevertheless comes the Harper government was not living up to perceived from the social conservative wing of the party, and his Canadian values of generosity and compassion, and that initial actions indicate that he is concerned with shoring government could and should do better. As voters become up the Conservative base. How else can we explain why he increasingly focused on this government and its accom- has invested so much in stoking public fury over the Omar plishments, and whether the prime minister is himself Khadr settlement, to the point of allowing party members living up to his stated values, the superficial dimensions of to highlight this issue in the United States? Trudeau’s public persona will carry less weight, especially Meanwhile, the Conservatives are again resorting to as voters continue to experience economic angst. hyper-partisanship rather than focusing on values and In an article for the Progressive Post magazine, Stu- alternative visions, such as the absurd claim that Trudeau’s art Trew, editor of The Monitor, cogently outlined how Rolling Stone cover will weaken Canada’s position in the Trudeau’s “radical centrism” emerged and could be chal- NAFTA renegotiations. MacDougall argued in Maclean’s lenged if economic conditions don’t improve. Star Wars that this approach by his former cohort plays into Liberal socks may be cool and may get attention, but they do hands by reminding the public that the Conservatives are not create economic security for concerned Canadians. the “nasty party.” A “going for the jugular” approach on Sustained pressure from both the left and the right could hot button issues helps Trudeau, he claimed. The party’s chip away enough support from the Liberals that we see best hope to grow its base and to win in 2019 is probably another change in government in 2019. M 31 OR AN ISSUE that touches all of us, exposure to toxic chemicals garners too little attention in the public and political realms. Despite the laws and regulations that exist to protect human health and the environment, people across the country are Fcontinuously exposed to cancer-causing and endocrine- or hormone-disrupting chemicals—in the products we use and the polluted air and waters we consume each day. The federal government enacted the Canadian Environ- mental Protection Act (CEPA) in 1999, in part to enshrine stronger protections from toxic chemical exposures, but it is severely outdated and badly in need of a refresh. Thankfully, that was also the verdict of a parliamentary committee tasked with reviewing the act and proposing ways to improve Canada’s toxics regulations. In its final report, tabled in Parliament before the summer break, the committee makes 78 recommendations that offer the federal government a critical roadmap for fixing CEPA’s flaws, several of which are discussed here. Many of these recommendations, if accepted, would ultimately save lives, protect vulnerable populations, improve ecosystem STORY BY MUHANNAD MALAS / health and save money. Whether or not the government ILLUSTRATIONS BY RAYMOND BIESINGER adopts them may depend on vocal support by the public.

ynthetic chemicals play a big role in our lives—as ingredients in personal care products, pharmaceu- TIME TO Sticals, household cleaners, renovation and building materials, and the solvents that dry cleaners douse our clothes in. While these chemicals may have made our lives more convenient and affordable, the consequential health and environmental problems, if unintended, have DETOX been severe. WE HAVE A GENERATIONAL OPPORTUNITY Scientific research over the past several decades has TO FIX CANADA’S TOXICS LAW consistently proven that toxic exposures are contributing to ever-increasing rates of chronic illnesses, including cancer and endocrine-disruption-induced reproductive or neurodevelopmental deficiencies. In 2010, the U.S. President’s Cancer Panel stated that the impacts of envi- ronmentally induced cancer are “grossly underestimated.” The top four most common cancers affecting Canadi- ans, according to a 2017 Canadian Cancer Society report, are lung, breast, colorectal and prostate cancer—all of which are linked to environmental exposures to carcino- genic and endocrine-disrupting chemicals. Furthermore, the Endocrine Disruptor Exchange, an American research institute established by Theo Colborn (who is regarded as the founder of the scientific field of endocrine disrup- tion), has identified nearly 1,400 chemicals as potential endocrine disruptors. In an era of rapid climate change and habitat de- struction, the release of toxics into the environment through wastewater effluent and air emissions has put biodiversity and wildlife at greater risk. Toxic chemicals like polychlorinated biphenyls (PCBs), now largely banned, were once extensively used as coolant fluids in electrical power equipment and for insulation in paints and plastics. Even today, PCBs can be detected in the vast majority of humans and wildlife. Worrying levels of the chemical were recently detected in 32 Lulu, the killer whale washed ashore in the northern U.K.— alk through any Canadian dollar store and you’ll the highest levels of PCBs ever detected in an animal, in quickly find a number of reusable plastic containers fact. This is because many toxics are persistent pollutants Wand bottles labelled BPA-free. The federal govern- that do not break down and remain in the environment ment banned the substance’s use in baby bottles in 2010 for decades or even centuries after commercial uses end. after an assessment concluded BPA was toxic to human There are over 85,000 synthetic chemicals in commerce health, sparking outrage from Canadian families. However, today. Governments, academics and industry have studied the endocrine-disrupting chemical is not actually banned and understood the effects of merely a fraction of them. in all plastic food and beverage packaging. In Canada, CEPA 1999 governs the conditions and rules for While the baby bottle ban was an important step, it assessing and managing the potential risks of chemicals. has not fully protected babies, children or adults from The legislation requires the government to screen and BPA, which is still allowed in many products used daily categorize chemicals according to their suspected hazard by Canadians. Potentially toxic BPA alternatives, such as profile, their potential for release, and resulting exposures. BPS and BPF, are also still allowed in products marketed as CEPA also authorizes the creation of regulations that BPA-free. Plastic containers, the inner lining of most food would prohibit, restrict or label toxic chemicals. Chemicals cans, and even thermal cash register receipts, which have found to be “toxic” due to a certain level of risk posed to become a major source of exposure in cashiers and ticket human health or the environment can be added to the list handlers, are only a few examples of consumer products of toxic substances under CEPA’s Schedule 1. The govern- exposing us to BPA. ment is then required to manage the risks of substances According to the 2015 Canadian Health Measures Survey, on the list within a prescribed timeline. nine in 10 Canadians had detectable levels of BPA in their Since the vast majority of synthetic chemicals in com- bodies. As an endocrine disruptor, exposure to very low merce before CEPA 1999 was enacted were not tested for doses of BPA during critical windows of vulnerability and safety, CEPA enabled and required the government to development may wreak havoc inside of us. sift through a backlog of chemical risk assessments that For instance, exposure to BPA in fetuses (through the were not performed before being put on the market. Over placenta) and in newborns (through breast milk, products the past decade, out of 4,300 chemicals prioritized by the and dust) may lead to serious reproductive system or brain Chemicals Management Plan, a joint program run by Envi- development deficiencies including lower IQ levels and ronment and Climate Change Canada and Health Canada, behavioural problems such as ADHD. Endocrine disruption over 2,700 chemical risk assessments were completed, and by BPA has also been shown to contribute to hormone-re- the remaining are on track to be completed by the planned lated cancers later in life, including breast, prostate and 2020 deadline. thyroid cancers. While this is an important and impressive accomplish- ment, the results of the program underscore the limitations of Canada’s approach to chemicals regulation. Many of the chemicals assessed so far (138 of them) have been legally recognized as “toxic” to human health or the environment, yet they remain on the market—in toothpastes, deodor- ants and shampoos, for example, products that people use on a daily basis. This apparent contradiction occurs because CEPA takes a risk-based approach to assessing and managing chemicals, meaning that a chemical’s hazard profile on its own does not obligate action to ban or restrict its use. The release of the chemical, or exposure to it, must first be determined to be high enough in order to merit action. The resulting risk management strategy would correspond to the level of risk identified, often resulting in partial restrictions to reduce exposure in the population or the environment to a threshold or level that is deemed safe. The risk-based system fails to take into account the cur- rent science on endocrine disruptors, which can negatively interfere with our development even at minute levels of exposure. This group of chemicals have defied the tradi- tional concept of toxicology, where the dose determines the poison, making the risk-based approach inadequate to addressing potential harms. To illustrate the failure of Canada’s chemicals manage- ment system to accommodate this information, we need only consider the bisphenol-A (BPA) ban. 33 In the case of triclosan, an antibacterial added to soaps and toothpastes, and recently banned in the United States, it took the Canadian government over four years to finalize the risk assessment after concluding that it is toxic to aquatic life. Even then the proposed approach to managing risks did not include a ban. For many years, the Canadian public and environmental and health groups have asked for stronger protections from toxic chemicals. As the above examples illustrate, Can- ada’s toxics-limiting legislative tools are not satisfactorily eliminating the use of highly dangerous toxic substances that persist and accumulate in the environment. Fortunately, several of the 87 recommendations for upgrading CEPA 1999, put forward this year by a standing committee on environment and sustainable development, would be major improvements. A number of the reforms have been endorsed by professional medical and health associations and include the following: ͸ Reversing the burden of proof on substances of very high concern, an approach that would require industry to prove the safety of using certain chemicals known to cause cancer or disrupt the endocrine system, among other outcomes. ͸ Enshrining legal guarantees to protect everyone, and in particular vulnerable groups such as pregnant women, children, Indigenous communities and low-income fam- ilies, who bear most of the burden of exposure to toxic chemicals. The BPA story also offers a good example of how Canada’s Recognizing the right to a healthy and ecologically chemical management system fails to respond to emerging ͸ balanced environment. This would be the first time that scientific evidence and international restrictions, contrary a Canadian law would legally protect this right and would to the spirit of the legal guidelines set by CEPA. In France, add Canada to the list of over 100 countries that have BPA has been banned in all food-contact materials (e.g., already done so. reusable beverage and food containers), and will be banned from use in receipts in Europe in 2020. ͸ Strengthening the requirements to ensure timely and Furthermore, the European Union chemicals regulato- comprehensive actions are taken when chemicals are ry system, known as REACH, recently added BPA to the found to be toxic. candidate list of substances of very high concern as a Requiring that the government explore safer alterna- reproductive toxicant and endocrine disruptor. It is likely ͸ tives to toxic chemicals, which would help eliminate toxics that, by 2018, BPA will be fully banned in Europe—unless from use and also promote a growing and promising green the industry can prove the substance is safe for specific chemistry market projected to be worth US$100 billion uses. This more precautionary approach to regulation, com- (CAD$127 billion) worldwide in 2020. monly known as reversing the onus of proof, is arguably much stronger than the current risk-based approach in ͸ Protecting the public’s right to know about the presence Canada. of toxics in consumer products through informative warn- ing labels similar to those employed in Europe and certain PA is just one of the more high-profile cases of where American states including California. CEPA has been unsuccessful in protecting Canadians Substances found to be persistent, bioaccumulative and and the environment from toxics. Another noteworthy ͸ B toxic would have to be eventually “virtually eliminated” example relates to a group of toxic flame retardants known from use in products and release into the environment. as polybrominated diphenyl ethers (PBDEs), which are used ubiquitously in furniture, electronics and textiles, and are The next step required to address this gaping hole in the known to be neurotoxic and persistent in the environment. protection of human health and the environment is for Canada recognized PBDEs as CEPA-toxic in 2006. But, due Canada’s health and environment ministers to announce to the lax risk management timelines in the act, it took an they will work together to address these recommendations entire decade for the government to finalize regulations by amending and modernizing CEPA 1999. It will be im- to prohibit PBDEs. This prohibition does not even include portant for the government to see strong public support imported consumer products which are the most common for these reforms. If all goes well, we will all benefit from source of exposure. living in a cleaner and healthier country and economy. M 34 to switch their earned DB benefits to TB plans, thereby putting workers’ retirement income at greater risk. Petitpas Taylor’s suggestion, that employees will be WORK LIFE happy to have a choice between a secure and a less secure pension plan, must seem odd to workers with defined LYNNE FERNANDEZ benefit plans. Proponents of TB plans will claim that unions have willingly made the switch. But, as the CLC’s Yussuff explained in theFinancial Times, “[f]aced with The politics of the distinct possibility that their pension plan would be wound up, a small number of New Brunswick bargaining pension envy units supported ‘shared risk’ plan conversions for a few severely underfunded pension plans.” By contrast, Yussuf said, “shared risk” conversions “are now being proposed for healthy and sustainable pension plans, across the country.” E’RE NOW CLOSE to the halfway point in the Trudeau Undermining these healthy pension funds makes no government’s inaugural mandate, which is as sense. When retirees (whose numbers are growing rapidly) good a time as any to examine whether and how have secure income, they can make a big difference to our the Liberals have delivered on promises to shore economy through spending that increases demand, and up workers’ retirement security and generally they are less likely to need social services that are paid for Wimprove Ottawa’s relationship with labour. from taxes. It makes far more sense for the government to The Liberals get high points for reversing regressive shore up pensions for all Canadians. labour legislation introduced by the Harper government. On that front, the Trudeau government has started to The Conservatives’ Bill C-377 would have needlessly bogged improve the Canada Pension Plan (CPP). The annual payout down unions with onerous reporting rules, and Bill C-525 target will increase from 25% of pre-retirement income to deliberately made it more difficult for workers to organize 33%. The maximum income covered by the CPP will also into a union. The passage of Bill C-4 (it received royal assent increase from $54,900 to $82,700 by 2025. at the end of May), which killed both of these bills, was a These improvements cannot come fast enough. With relief to unionized workers in the public and private sectors. the number of Canadians covered by workplace pensions On the other hand there is Bill C-27, an act to amend the 1985 Pension Benefits Standards Act, which will not be good for the workers of federally regulated employers and Crown corporations. Millions of workers According to the National Federation of Federal Retirees, could find retirement “the legislation will permanently shift our pension land- scape and will likely erode the retirement security earned the most challenging time by millions of Canadians with defined benefit pensions.” of their lives. The Canadian Labour Congress (CLC), National Union of Public and General Employees (NUPGE) and other public sector unions have called Bill C-27 a betrayal and a threat falling precipitously, millions of workers could find retire- to workers’ financial security. ment the most challenging time of their lives. Ginette Petitpas Taylor, parliamentary secretary to the Richard Shillington’s February 2016 study, “An Analysis of finance minister, characterizes the legislation much more The Economic Circumstances of Canadian Seniors,” reveals benignly. “Bill C-27 aims to broaden the scope of retirement that almost half of Canadians aged 55–64 have no employer saving opportunities available to Canadians,” she told the pension plan, and the median value of their retirement House of Commons during second reading of the legisla- assets is a meagre $3,000. Recent improvements to the CPP tion in October. “Under our legislation, individuals have a will not help these workers. And so as welcome as the CPP choice. Those who do not consent maintain their benefits reforms are for many, they will still feed into the narrative, in their current form.” CLC President Hassan Yussuff calls propagated by the private sector, of “pension envy” toward the bill an invitation to employers to replace defined benefit those with decent private plans. (DB) with targeted benefit pension plans (TB), also referred For all their talk of fostering a politics of inclusion, the to as shared risk plans. federal Liberals appear to be playing into this resentment Under the current rules, deferred wages set aside in the to justify Bill C-27. But it’s a policy that will negatively affect federal pension fund will be there when retirees need them our economy in the long run. A good national pension plan (the benefit paid is defined and therefore guaranteed). Bill is one that provides for the needs of all people from all C-27 would remove the legal obligation to protect already income levels. M earned benefits and “encourage” employees to consider TB LYNNE FERNANDEZ IS THE ERROL BLACK CHAIR IN LABOUR ISSUES WITH THE pension plans, where fund managers target an ideal but CCPA-MANITOBA. YOU CAN REACH HER AT [email protected] AND FOLLOW HER ON TWITTER @LYNNEFERNANDEZ. far from guaranteed benefit. The new rules would also permit employers to pressure already retired plan members 35 Feature

SCOTT SINCLAIR, STUART TREW AND HADRIAN MERTINS-KIRKWOOD The NAFTA renegotiation we need North American integration needs a radical makeover, which does not appear to be Trump’s or Trudeau’s aim in new trade talks

HEN CANADA SIGNED the free deals with the United States (the FTA Trudeau appear ready to do—is real- trade agreement with the Unit- and NAFTA) have been disappointing. ly in the best interests of the North ed States in 1988, the federal At the same time, the rules of NAFTA— American populace. Wgovernment promised people the real heart of the agreement, much jobs, rising productivity and secure ac- more so than tariff elimination—have cess to the largest market in the world. forced policy-makers into a neoliberal The unfulfilled promise of NAFTA Joining NAFTA with the U.S. and Mexi- straightjacket that has left govern- Canada came closest to matching co several years later was meant to lock ments unable (or in some cases merely U.S. levels of labour productivity in those gains for Canada, despite the unwilling) to innovate on the policy (91%) in the mid-1980s (see top chart). pressures that would come from low- front to meet today’s toughest eco- Free-trade proponents predicted the wage Mexican competition. Climate nomic and environmental challenges. 1988 FTA would fix this, and for a few change was still a blip on the radar, Meanwhile, high-profile and costly years productivity did get a boost though alter-globalization activists trade disputes (on softwood lumber, (with associated job losses) in sectors were beginning to point out how the beef, and perhaps soon steel, aircraft exposed to U.S. competition. But by rules in deals like NAFTA—the tem- and aluminum) belie the promise of an 2012, Canada’s labour productivity plate for the World Trade Organization open border with the United States. in the private sector had declined to agreements—would constrain pub- Canadians can reasonably wonder 70% of U.S. levels, undermining one of lic interest regulations and undercut whether the deal was worth it, and the chief rationales for the FTA and workers. whether salvaging it, or expanding NAFTA. Likewise, productivity growth On each of the government’s meas- it along lines agreed in the defunct in Mexico has averaged only 0.7% since ures of success—jobs, productivity Trans-Pacific Partnership—as both 1995 (at the bottom of major emerging and market access—Canada’s trade President Trump and Prime Minister market economies), and real GDP per

36 capita (a measure of overall welfare gains) is growing at Labour productivity in NAFTA countries an average 1.2%, also low for the region. GDP PER HOUR WORKED ‚USD, CONSTANT PRICES, 2010 PPPS While Mexico is often portrayed as a winner under NAFTA, it would be more accurate to say that global com- United States 60 panies have successfully exploited Mexico as a low-wage platform to access the North American market. This shift in 50 production contributed to surging manufacturing deficits Canada between Mexico and both its NAFTA partners. But Mexican workers have not shared many of the benefits of increased 40 trade and manufacturing investment. Real wages in Mexico have been stagnant, up just 4.1% 30 over the two decades following NAFTA. Since 1994, the labour share of income has fallen in all three NAFTA coun- 20 tries, but most drastically in Mexico, where labour’s take fell Mexico by a stunning 50% (see bottom chart). Meanwhile, between 10 enters into force NAFTA 1991 and 2007, 4.9 million small-scale Mexican farmers lost their livelihoods and were pushed off the land. 1974 1982 1990 1998 2006 2014 The suppression of wages in Mexico, where workers are rarely free to join independent unions, has had a depress- ing effect on wage growth and labour’s bargaining power throughout the NAFTA region. Addressing this destruc- Labour share of income (1994=100) tive disparity in wages and living standards is critical to reforming NAFTA and achieving sustainable, inclusive development in an integrated North American economy. 110 The relative importance of international trade to the Canadian economy did increase following the FTA and NAFTA, but our share of U.S. imports only ever grew as 100 United States fast as the U.S. economy, and was outpaced by low-wage Canada competition from China and Mexico. Canada’s overall exports (about 75% of which currently head to the U.S.) 90 accounted for 26% of GDP in 1988, rising to 44% in 2000, but they had declined to 30% by 2012. What’s more, during the first 25 years of the new free trade era, the rates of growth 80

in business investment in fixed assets, private sector em- enters into force NAFTA ployment and GDP per capita were all slashed in half in Mexico Canada compared to what they were in the quarter-century 1974 1982 1990 1998 2006 2014 preceding the FTA. One group benefited substantially from new investment opportunities following the FTA and NAFTA. Canada’s highest-earning CEOs saw their salaries rise significantly in relation to average salaries. Much of this recent growth Finally, with another softwood lumber dispute in the in income inequality occurred in the period 1995–2010, news, and threatened U.S. restraints on steel, aluminum and according to Statistics Canada. As Jordan Brennan said aircraft on the horizon, it is apparent that neither the FTA in a 2015 report for the CCPA, though “stagnant growth in nor NAFTA has made Canadian exports significantly less the [post-FTA period] may be socially detrimental, it is not vulnerable to unilateral action by Washington than coun- necessarily detrimental from the standpoint of large firms, tries with which the U.S. has no free trade deal in place. Now which have seen an enormous redistribution of income, the Trump administration is proposing deleting NAFTA’s wealth and power in their favour.” Chapter 19 dispute process—one of Canada’s red-line Canadian and U.S. workers rightly protested increasing requirements for signing the deal because of its potential precariousness as middle class jobs in manufacturing to settle trade disputes impartially and expeditiously. were outsourced, first to Mexico and then overseas to Given these realities—low relative productivity and Asia. In Canada’s case, an overvalued Canadian dollar and business investment in Canadian R&D, a stagnant Cana- technological change certainly contributed to the decline dian share of U.S. imports, and the persistent risks of trade in manufacturing jobs. But our growing trade deficit in action by the U.S.—we can safely dispense with the idea high-value manufactured goods and increased competition that losing NAFTA would be a disaster for the Canadian from low-wage exports in the U.S. market also played a economy. In fact, the estimated tariff impact on Canadian role. NAFTA, with its restrictions on any form of viable exports of a Trump termination of NAFTA (after which industrial policy, provides no answers to these challenges. WTO tariff rates would apply) would be at most US$4.2 billion per year. That’s a speed bump in Canada-U.S. trade (CONTINUED ON PAGE 39) 37 The CCPA’s recommendations encourage sustainable development or otherwise to the government on NAFTA promote environmental renegotiation protection.

ENERGY AND PROPORTIONAL SHARING LABOUR RIGHTS AND STANDARDS INVESTMENT PROTECTION ● Remove the proportionality AND ISDS ● An effective labour protection clause (Article 605) from NAFTA’s chapter must allow workers ● NAFTA’s investor–state dispute energy chapter. and unions to directly bring settlement system (Section B ● Refrain from locking Canada forward complaints regarding of NAFTA Chapter 11) should be into a new fossil fuel energy labour violations without facing eliminated. partnership with the United States additional hurdles such as ● In addition, NAFTA’s clauses on and Mexico in a renegotiated demonstrating that a violation is minimum standards of treatment NAFTA. “trade-related” or “recurring.” (Article 1105) and indirect ● Shield government measures ● A reformed labour chapter expropriation (Article 1110) should to reduce fossil fuel production or must also contain clear non- be changed to make perfectly consumption from ISDS lawsuits discretionary deadlines requiring clear they do not apply to non- (unless the ISDS process is entirely authorities to investigate and discriminatory laws or regulations removed from NAFTA, which is adjudicate complaints, while taken in good faith to protect the preferred). providing for binding enforcement public interest. and meaningful penalties for INTELLECTUAL PROPERTY RIGHTS non-compliance. ENVIRONMENT AND AND DRUG COSTS CLIMATE CHANGE ● A revised NAFTA must ● Canada should strongly resist include strong, effective labour ● Remove NAFTA’s investor–state U.S. and drug industry pressure protection standards, such as dispute settlement process, to adopt IPR provisions that will requiring all three parties to which has been used repeatedly impede access to affordable ratify the eight core conventions to challenge non-discriminatory medicines. of the International Labour environmental policies in Canada, Organization (ILO) and adhere to and which acts as a chill on ● Canadian governments should the ILO’s Decent Work Agenda as a environmental and sustainable advance alternative strategies condition of tariff-free trade. development policies by to encourage and reward prioritizing investor interests. innovation, including compulsory GOVERNMENT PROCUREMENT and humanitarian licensing and ● Incorporate chapters on the publicly funded research premised ● Canada should propose environment and sustainable on ensuring affordable access to the creation of an activist Buy development into the core new medicines. North American policy for new NAFTA text and make them fully infrastructure spending that would enforceable through dispute TEMPORARY ENTRY create jobs and spur economic settlement (including for third development throughout the party disputes initiated by civil ● Eliminate the temporary entry region. society groups). Create obligations chapter in NAFTA, and instead in these chapters to reinforce create and expand domestic ● If this proposal is rebuffed by Canada’s commitments under immigration programs for the Trump administration, Canada the multilateral Paris Agreement, facilitating the entry of migrant should implement Buy Canadian starting with provisions for an workers, and their families, into policies to maximize national integrated continental carbon Canada. economic spin-offs on its own pricing system. planned public investments, which E-COMMERCE AND PRIVACY are worth hundreds of billions of ● Create a broad exemption dollars. to NAFTA’s investment rules (if ● Limit the scope of any new they are not removed from the e-commerce provisions to agreement) for any government addressing technical issues raised measure intended to reduce by the digital economy, while greenhouse gas emissions, striking a balance between the

38 relations when compared to our annual needs of internet users, consumers ● Formalized consultations on exports of US$278 billion in 2016. Similarly, and firms of all sizes in all three regulatory co-operation should the IMF recently estimated that if U.S. tariffs NAFTA countries. include non-industry voices snapped back to WTO rates there would be “a from all three countries (where negative short-term impact on Canada’s real ● Create new obligations in appropriate) at the outset and GDP of about 0.4 per cent,” which is hardly an NAFTA to enhance the privacy throughout the process rather unthinkable scenario. of internet users and to exempt than merely at the very end (once from NAFTA’s investment rules any co-operation or harmonization government measures designed priorities have already been set). to protect their citizen’s personal The renegotiation on offer The situation is somewhat different in the information. ● The impact on trade of new United States, where a growing goods trade rules should be one, but not the deficit with Mexico has contributed to legit- SUPPLY MANAGEMENT primary, consideration when imate anger among the U.S. working class regulating. Unilateral measures ● Canada should defend its about good jobs heading south, or overseas to for protecting the environment supply-managed agricultural China. Democrats all but ignored the plight of or public health that do not sectors, ensuring they are entirely workers in the 2016 election campaign, insist- discriminate between Canadian, exempted from further trade ing that “America is already great.” But even Mexican or U.S. firms should be liberalization in a renegotiated presidential candidate Hillary Clinton was immune from investor–state NAFTA. A strong defence of supply forced to reverse her support of the Trans-Pacif- dispute settlement. management will help ensure that ic Partnership (TPP), telling voters she would Canadians continue to have access demand changes to the deal if elected. DISPUTE SETTLEMENT to high-quality, locally produced One of Trump’s first acts as president was (CHAPTER 19) food, while supporting small family to pull the United States out of the 12-country farms and rural communities. ● Canada should reject any TPP, which he called “a potential disaster” attempt by the U.S. to eliminate for America. It resonated in particular with COPYRIGHT or weaken the Chapter 19 dispute workers in the so-called rust belt—many of AND INTERNET FREEDOM settlement mechanism. them Bernie Sanders supporters, who showed up to the Democratic leadership convention ● Reject any provisions in NAFTA ● Canada should seek instead to with hundreds of anti-TPP placards—whose that would require changes strengthen adherence to agreed unions had been fighting the deal for half a to Canada’s 2012 Copyright timelines and ensure that trade decade. When Clinton appeared to ignore Modernization Act, including authorities promptly comply with these traditional Democratic voters, some of changes to copyright terms, fair binational panel rulings. them went to Trump, others stayed home. The dealing exceptions and Canada’s rest is history, as they say. “notice-and-notice” system for PUBLIC SERVICES But now, six months later, the same Donald alleged copyright infringement. ● Public services should be fully Trump that promised to kill the TPP forever ● Reject any provisions that excluded from the investment has had a change of heart. Based on proposals would undermine the principle and service chapters of NAFTA, for the NAFTA renegotiation, released in July of net neutrality as set out in the as well as any other provisions by the United States Trade Representative, the Canadian Radio-television and affecting public monopolies or president wants to build the TPP on a North Telecommunications Commission’s state enterprises. As proposed American scale. It will surely annoy his base, net neutrality governance by European public services but it was also entirely predictable. framework. advocates, such a general carve- Republican criticism of the TPP was that it out could read: “This agreement did not go far enough to protect U.S. corpo- REGULATORY CO-OPERATION (this chapter) does not apply to rate interests. Its intellectual property rights public services and to measures chapter did not force participating countries ● Co-operation should lead to the regulating, providing or financing to extend their data exclusivity terms (i.e., adoption of the highest possible public services. Public services the amount of time a pharma company can standards across North America, are activities which are subject keep its research out of the hands of generic and leave room for regulators in to special regulatory regimes or competitors) on biologic (non-chemical-based) any country to diverge from North special obligations imposed on drugs to the excessive U.S. norm of 12 years. American norms if it is in the services or service suppliers by The deal’s e-commerce rules did not adequately public interest to do so (e.g., it is the competent national, regional enhance the opportunities of U.S. tech giants more protective of public health or or local authority in the general to profit from cross-border data flows, and left the environment). interest.” too much space for data-localization policies (meant to protect privacy of personal infor- mation) in Canada and elsewhere. The USTR’s objectives for NAFTA renegotiation, released 39 during “Made in America Week” at the In a move designed to appease unreasonable concessions to Trump in White House, reflect these complaints, labour and environmental groups, areas like supply management, data suggesting the Trump administration the USTR is proposing to throw out protection and other areas. In either thinks it can get much more out of NAFTA’s labour and environment case, we lose. Mexico and Canada alone than around side agreements, and to incorporate And that’s what’s really frustrating a table with nine additional countries. chapters covering both areas into the with this whole process. In the U.S., The admittedly vague 18-page agreement itself. This, too, is from the a Trump administration elected on summary began with market access TPP—and was done in the Canada–EU promises to shake up the system has of agricultural and non-agricultural Comprehensive Economic and Trade embraced, wholeheartedly, the elite- exports, which Trump wants to see Agreement (CETA). International la- backed TPP model for its NAFTA maintained or enhanced. On regula- bour unions were not entirely satisfied renegotiation. In Canada, a government tions affecting agricultural and food with the results in both, which fell far promising to remake globalization so products, the proposals are straight short of providing a way to enforce that it is more environmentally sus- from the TPP. There is a line about violations of labour rights or defend tainable, and better distributes wealth upgrading and strengthening NAFTA’s fragile ecosystems from commercial from rich to poor, is all too willing to rules of origin (e.g., the 62.5% North excess. play the old game of give and take. American content requirement for On government procurement, the duty-free trade in automotive prod- Canadian government (and provinces) ucts), and the means of certifying that will be disappointed the U.S. wants to The renegotiation we need companies are meeting them, but no maintain the ability of states and the We will never know the exact extent to details on precise changes sought. federal government to “Buy American.” which NAFTA hindered or contributed The services proposals are also As the CCPA suggests in its contribu- to Canadian job, employment and pro- straight out of the TPP and Trade in tion to the government’s consultation ductivity growth, since it’s impossible Services Agreement (see New from the on the NAFTA renegotiations (see the to accurately compare these measures CCPA in this issue), which Canada has recommendations at the end of this with a scenario in which NAFTA does agreed to in both venues. But there article), we’d be better to propose a not exist. But we can—and should— will be added pressure in the NAFTA “Buy North American” strategy to ask whether the agreement is the right renegotiation to open Canada’s tele- Trump and the Mexican government, model for today’s most important coms, banking, fintech and insurance which would fit with Trump’s goals of priorities: reducing inequality, elimi- markets to U.S. competition. And the enhancing the opportunities for NAF- nating poverty, and putting a stop to U.S. will use the NAFTA renegotiation TA-made goods in all three countries. climate change. (as it did the TPP) to try to chip away Canada will also be worried by the In the CCPA’s submission to Global at Canada Post’s express delivery USTR proposal to eliminate NAFTA’s Affairs Canada’s consultation on the services, which it claims (wrongly) to Chapter 19 dispute settlement process, NAFTA redo, we argue it is not the be unfairly subsidized. which provided a venue for Canada right model. Instead, we recommend Some had wondered if Trump would to resolve trade disputes outside of changes we believe the Trudeau gov- remove NAFTA’s investor–state dispute U.S. courts. This was a red line for the ernment should demand that would settlement (ISDS) process, which has federal government in the NAFTA increase Canada’s policy options (at been used more times by companies negotiations, and the Trudeau gov- the federal, provincial and municipal to challenge Canada, frequently over ernment has already signalled it will levels) for promoting more sustain- non-discriminatory environmental or walk away from a renegotiated deal able and equitably shared economic resource management policies, than any that does not include it. Unfortunately, growth—a goal our current federal other North American country. Even then as now, Canada is going to have government claims to share. Gordon Ritchie, a devoted free-trader to fight for it—for example, by making If NAFTA renegotiation is to and one of the chief negotiators of have any chance of improving the the Canada–U.S. FTA, recently called welfare of all North Americans it NAFTA’s ISDS process “a disaster, badly must be inclusive, transformative conceived and badly implemented.” and forward-looking—focused on But the USTR document suggested today’s real challenges, including only that NAFTA’s investment chapter climate change, the changing nature may be tweaked at best, to make sure of work, stagnant welfare gains and domestic and foreign firms have the unacceptable levels of inequality in same rights. As Roosevelt Institute An inclusive trade all three North American countries. fellow Todd Tucker points out, “suc- NAFTA should be renegotiated so that cessive administrations have always policy must start it helps us achieve the sustainable and maintained that ISDS never did give with inclusive and equitable economy we want, not to greater substantive rights [to foreign uphold an uninspiring and untenable multinationals]. So no real change fully transparent status quo. M there.” negotiations. 40 GILLIAN STEWARD Betting on bitumen ILLUSTRATION BY REMIE GEOFFROI Alberta’s energy policies from Lougheed to Klein (and back again?)

HEN ALBERTA’S first NDP gov- predecessors. The NDP was even what end. Notley may have inherited ernment swept to power in looking at budget deficits for several the industry-friendly regime of Klein, 2015 it inherited over four years to come when only 10 years ago but it’s clear her government is more decades of Progressive Con- the government had posted a one-year inspired by Lougheed’s interventionist servative energy policies, $4.6-billion surplus. How did those PC policy toolkit when it comes to the oil Wkey among them the continued de- energy policies get Alberta to where it patch. velopment of the Alberta oil sands. is today? And how different or similar Though the resource had become are they to the path taken so far by the the main driver of economic growth Notley government? Peter Lougheed and in the province, it was also the target To answer these questions we the dream of the oil sands of a growing number environmental- need to compare and contrast the The Alberta oil sands became a critical ists, Indigenous groups and scientists oil sands development strategies of element of government economic calling for a production phase-out Alberta’s most popular premiers, Peter policy after Lougheed’s Progressive and transition away from fossil fuels. Lougheed and Ralph Klein. Though Conservatives defeated Social Credit The market price for oil was sinking, they came from the same party, the two in 1971. The new premier saw a valuable investment was down, and royalty leaders had very different ideas about resource that could be better exploited, revenues were declining. who should be controlling the pace for the benefit of all Albertans, with a The situation, in other words, was and scale of development of Alberta’s helping hand from government. For quiet different for Premier Rachel bitumen reserves—the petroleum Lougheed, the oil sands were a reserve Noteley than it had been for her industry or government—and to of riches that would extend well into 41 OIL SANDS the next century and thereby assure were keen to see it succeed, as was the EXPANSION Alberta a lasting prosperity. Syncrude consortium. In a series of Participation by the Lougheed negotiations, the remaining partners 1971–2014 government in the expansion of oil in the project—Imperial Oil, Cities sands production was achieved in a Service, and Gulf Oil (which took over number of ways during his 15 years as Royalite in 1969)—used Atlantic Rich- 1971 premier. In 1973, Lougheed established field’s withdrawal to force both levels 30,000 the Alberta Energy Company (AEC) of government into granting unprece- BARRELS/DAY with a combination of government dented concessions. In the end, Alberta, and private financing; 49% of the cor- Ontario and the federal government all poration was owned by the province, became partners in the project, with with the remaining equity coming Alberta doing so through the AEC. Al- from individual Albertans who could berta also paid for infrastructure costs, purchase shares at affordable prices. including a $300-million utility plant The AEC invested in oil and gas, pipe- and a $100-million pipeline from Fort lines, forestry, petrochemicals, coal McMurray to Edmonton. The province and steel. Its first share offering in also built community schools, bridges, 1975 attracted 60,000 buyers and was highways and other services. 1996 sold out in two weeks. Those shares Syncrude received the world price 540,000 eventually split 3-for-1 in 1980. for its oil when the oil industry in BARRELS/DAY The AEC also became a vehicle for general was receiving a much lower Lougheed to promote oil sands de- Canadian price, and its private velopment, particularly by Syncrude, corporate partners got generous which had been established in 1964 as a write-offs—not only on expenses consortium of Cities Service, Imperial directly related to the oil sands Oil, Royalite and Atlantic Richfield. plants, but also on exploration and Syncrude was seeking approval from development projects in other parts Alberta’s Oil and Gas Conservation of their operations. In the end, Ottawa Board to build a second oil sands plant invested $300 million in public funds not far from the Great Canadian Oil in return for 15% ownership; Alberta Sands Limited (GCOS) operation north invested $200 million for 10%; and of Fort McMurray. Ontario put up $100 million for 5%. 2007 Lougheed was so supportive of The Lougheed government’s 1.4 MILLION this idea that in 1974 he established impact on oil sands development BARRELS/DAY the Alberta Oil Sands Technology was far-reaching. Besides AOSTRA, and Research Authority (AOSTRA) as it established the Alberta Oil Sands a government-funded agency aimed Environmental Research Program at accelerating the development of (AOSERP), which was funded jointly oil sands technology. The government by the Alberta government and the pledged $100 million to AOSTRA over federal government’s environment its first five years. In the course of ministry. As early as 1973, the gov- its 18-year life the authority would ernments had anticipated many of spend $448 million on public-private the environmental consequences of projects and institutional research, their plans, and had also researched making AOSTRA one of the largest strategies to eliminate or minimize research and development programs them. But many of those ideas were ever launched in Canada. Many of overshadowed by the economic the advances in oil sands extraction, benefits that would accrue from oil including steam-assisted gravity sands development. In 1979, the federal 2014 drainage (SAGD), which eventually led government pulled out of AOSERP, 2.3 MILLION to dozens of in-situ operations, were and oil sands environmental research BARRELS/DAY developed by AOSTRA. became the responsibility of Alberta In 1975, the proposed Syncrude Environment. project was near collapse after partner The Lougheed government also company Atlantic Richfield withdrew commissioned numerous studies and its support. The federal, Alberta and surveys to determine how best to man- Ontario governments had been count- age and monitor this vast resource ing on this new megaproject to provide that lay within its jurisdiction. As J. jobs and secure Canada’s oil supply and Paskey et al. noted in a 2013 report, “the 42 message at the time was clear: careful, measured planning KEY RECOMMENDATIONS with ‘deliberate’ government intervention for managed OF THE NATIONAL TASK FORCE growth would be essential to moving the industry forward.” ON OIL SANDS STRATEGIES A provincial conservation and utilization committee stressed in 1972 that “foreign energy demands should not be the only force influencing development,” but rather, “[w] The federal and Alberta governments should ith time Alberta should be able to utilize the tar sands as a develop a generic set of harmonized tax and royalty lever in the socio-economic development of the province.” measures based on economic profits. Based on the scale and scope of development recom- mended, the committee predicted that by the year 2000, Development of the oil sands should be assuming eight new projects were approved and that the market-driven. population of Fort McMurray would grow to 600,000, an- nual production would reach a million barrels per day—a The industry will work with government agencies depletion rate of approximately 734 years. “The evolvement (Alberta Energy and Utilities Board, Alberta of tar sand technology should be led by Canadian tech- Environmental Protection, Environment Canada) to nologists for the benefit of Canadians,” said the report, develop a one-window review and decision process. which also urged the government to buck the trend (at the Efforts will centre on eliminating duplication time) in foreign ownership of oil. In a speech to Calgary’s between environmental assessments and approvals business community in 1974, Lougheed warned that the done at both the federal and provincial level and province had only a decade to diversify its economy, and between departments at the provincial level. the first objective must be “to strengthen the control by Albertans over our future and to reduce the dependency for Governments should continue to support pre- our continued quality of life on governments, institutions competitive research and development via expanded or corporations directed from outside the province.” industry-led collaborative research activities under The Canadian OiI Sands Network for Research and here are government documents from the late 1970s Development (CONRAD, which included federal and and early 1980s that focus on Aboriginal issues. Some provincial government agencies, six oil companies Trecommended the need to capitalize on local peoples’ and two universities) and other partnerships. knowledge of meteorological conditions, history and local terrain—an approach that has become increasingly Government should maintain an attractive prevalent since 2010. Others commented on the need for investment climate for science and technology culturally appropriate instruments for measuring impacts, efforts in the oil sands. which is still overlooked today, according to the Athebasc Chipewyan First Nation. Government should ensure that oil sands export Another aspect of Lougheed’s oil sands policy that restrictions are removed. would differ from the Klein years was the government’s relationship with organized labour. In 1975, at the urging of the Syncrude consortium, the Alberta Energy Company, which was 49% owned by the Alberta government, passed oil patch. Notley supported the federal NDP’s position on over the lowest bid for construction of a pipeline from the nationalizing Imperial Oil and then using the publicly Syncrude plant in order to give the work to a unionized owned corporation to influence energy policy. But he op- contractor. (Syncrude had negotiated a no-strike, no-lockout posed general nationalization, as called for by some New agreement in return for assurances that the pipeline would Democrats, claiming it would scare off moderate voters, be awarded to a union contractor.) As Richards and Pratt cost far too much money, and that social democratic goals noted in Prairie Capitalism: Power and Infuence in the New in energy policy could be achieved through regulatory West (1979), Lougheed recognized that if the oil sands were means and an aggressive public presence in the industry. to be industrialized, organized labour needed to be on side. Lougheed and the elder Notley both believed in gov- There’s no question the Lougheed government used ernment intervention in the economy, and in Alberta all the power and money at its disposal in the 1970s to that meant the oil and gas industry. There were degrees kickstart oil sands development. Its strategies underlined of difference in their views on government’s role, but essen- the belief that if the Alberta government didn’t do this it tially they were on the same page. A decade later provincial would take far too long, and most of the financial benefits energy policy would take a sharp turn away from questions would flow into corporate and government coffers outside of the public interest and begin to concern itself almost the province. Many captains of industry were alarmed by exclusively with the interests of the oil sands industry. Lougheed’s interventionist approach, but Albertans didn’t seem to mind, as they re-elected his PC government three times between 1971 and 1982, all with landslide majorities. Ralph Klein and the oil sands task force Even Grant Notley, the provincial NDP leader at the Ralph Klein became premier in 1992, only seven years after time, agreed in principle with Lougheed’s strategy in the Lougheed’s departure. His strategy in the oil sands—to 43 step aside so that industry could In order to formalize the position Environmental do what it wants—was developed of industry in this newly fertile sustainability almost entirely under the aegis of the political environment, the ACR es- Alberta Chamber of Resources (ACR), tablished the National Task Force on an industry association comprising Oil Sands Strategies. The objective: to Ralph Klein’s industry task force report, which oil producers, pipeline operators gather a “strategic group of diverse came out two years before the Kyoto Protocol and other businesses providing stakeholders convinced of the ben- was signed in 1997, mentions several times that goods and services to the oil and gas efits of an action plan leading to the “environmental sustainability” should be a key industry. realization of the potential benefits aspect of oil sands development. An appendix The ACR had long been touting of oil-sands based industrial devel- to the main report says the key environmental oil sands as the “priority mineral opment in this country.” One of the issues facing the oil sands industry are “energy resource for further development.” key promoters of the task force was conservation, greenhouse gas emissions, Now it had sympathetic lobbying Eric Newell, then president of both land use and reclamation, air quality, water targets in Edmonton and Ottawa. the Alberta Chamber of Resources conservation, water quality, and bio-diversity.” Jean Chrétien’s Liberals had just and Syncrude Canada, the largest oil replaced Brian Mulroney’s Progres- sands producer at the time. Newell But mostly the report reads like a a sive Conservatives after the latter’s got a green light for the project in congratulatory pat on the back from the oil decade in power. In 1993, Chrétien 1991, when Brian Mulroney was industry to itself. Under a subhead entitled named Anne McLellan, an Edmonton prime minister, by getting the Mining “Our Vision,” the sustainability subcommittee MP who had won her seat by only Association of Canada to put it on says: “The industry’s excellent record of one vote, to his cabinet as Minister of the agenda at a national meeting of environmental performance is a testament Natural Resources. Though McLellan energy and mines ministers. to the time, money, research, and continuous had no experience in the petroleum Task force members were self-ap- improvements in operations over the past 30 industry, Chrétien seemed to have pointed, which was quite different years. And we know there is more to be done.” other priorities in mind for her from most commissions or inquir- On the issue of tailings ponds, which were cited appointment. ies established by government to as early as 1973, in a report commissioned by the “[I]t was quite clear to me that this provide policy advice (including Lougheed government, as the most constraining was the first Liberal government Ed Stelmach’s six-member royalty environmental hazard of oil sands development, elected since the end of the National review panel in 2007, which did not the appendix briefly acknowledges that Energy Policy, which was of course in count a single oil industry or govern- reclaiming the toxic dumpsites into usable the first term of Prime Minister Mul- ment employee). The vast majority landscapes is the industry’s “greatest roney. So I think Mr. Chrétien wanted of task force participants worked challenge.” Still, it goes on to assert that the to send a message to the Province for private sector corporations who ponds are a “safe and effective storage method.” of Alberta, and to the oil and gas were already involved in oil sands industry, that things had changed,” development or wanted to be. Of the The task force also asserts that the regulatory McLellan said in a 2011 interview. “I 57 committee chairs and members process had become an “impediment” to oil think he wanted to send a message of named in the task force report, 45 sands development; for example, because of some reassurance to most Albertans came from industry ranks, six were “the unpredictability of the process, the length and to the industry by appointing an from the federal government, and and cost of the cycle.” It calls for a “single Albertan.” six from the Alberta government. window” within government where industry Chrétien and Klein were facing The six committee chairs were all could deal with regulatory issues, suggests high unemployment rates (10.4% in industry representatives, including there should be clearer rules for intervenors Calgary and 11.3% nationally) and two from Syncrude. at public hearings, and asks that evidence accumulating deficits following the The task force didn’t hold public presented by intervenors should be of high 1990–92 recession. Alberta’s economy hearings, despite having the madate quality and relevant to the project in question. had been doubly hit by the low price to do so. Instead, its committees fo- There was one Aboriginal person on the task of oil, which averaged $16.75 a barrel cused on researching and proposing force, David Tuccaro, a successful businessman in 1993. The province badly needed ideas in six key areas: marketing and from Fort MacKay First Nation (50 kilometres more revenue if it was going to transportation, science and technol- north of Fort McMurray), but there is hardly any repay its $32-billion debt, which had ogy, environment and regulation, reference to Aboriginal issues in the report. accumulated over eight consecu- government and communications, The task force states that future oil sands tive budget deficits—the legacy of fiscal and socioeconomic issues, development must “ensure that Aboriginal Lougheed’s successor, Don Getty. But and materials/services and coalition communities in the region fully develop Klein and his treasurer, Jim Dinning, building. Paul Precht, an economist economic partnership opportunities including didn’t want to raise taxes or royalty with the Alberta department of en- investment and development of new businesses rates on oil and gas, preferring to cut ergy who worked on the task force and career training, and development and government spending and entice for almost two years, recalled during employment in the industry.” There are no investment with low taxes. a 2013 interview that the oil industry details on how this would be achieved. wanted to restructure the royalty 44 and tax system so it would be more to their benefit, and Getty envisioned: fewer megaprojects, more smaller in-situ as a consequence stimulate investment. developments (in which bitumen is forced to the surface After two years of study and discussion the task force using steam), and no direct government financing. Smaller launched its 62-page report at the Montreal Stock Exchange extraction sites required less capital upfront and they could in May 1995. Entitled The Oil Sands: A New Energy Vision for be ramped up quickly during boom times. Government Canada, the report declared: “the Task Force had identified would get out of the way strategically, and keep their hands a clear vision for growth and answered—affirmatively— off industry profits when they started rolling in. the fundamental question: Should oil sands development According to the task force, the most important key to proceed? The participants crafted an appropriate devel- stimulating the necessary investment was a generic fiscal opment plan, assessed the main obstacles to growth, and regime (taxes and royalties) for all oil sands projects, rather identified the levers of development to overcome those than project-by-project agreements, which had been the impediments.” case up until then. Under the plan, which was very quickly While many of the recommendations focus on fast-track- adopted, the province would receive a minimum royalty ing development of new technologies, and building of 1% on all production, increasing to 25% on net project collaborative networks among oil sands developers, several revenues after the developer recovered all start-up costs, are about government policy. The report predicted there including research and development costs and a return would be significant benefits to Alberta and the rest of the allowance. More importantly (for project developers), all country for following its blueprint, including production capital costs—including operations, and research and growth to 1.2 million barrels a day in 25 years, a boost to development costs—would be 100% tax-deductible in the Canada’s GDP of 0.6%, 44,000 new jobs and one million year incurred. person years of employment between 1996 and 2000 (85% The generic royalty regime was designed to encourage oil of them in manufacturing, finance, services and other sands investors by assuring them they would pay almost sectors across Canada), and $97 billion in new government no royalties (considered rent paid by producers for the use revenues. of a publicly owned resource) until they had paid off all the But the task force asserted that to achieve these benefits, costs of constructing the project. It meant a producer could governments would have to step back from investment be selling onto the market at the going price, but avoid and let the private sector do the job. This was an abrupt higher royalties if construction costs were not entirely off departure from how oil sands development had proceeded the books. Between 1997 and 2010, oil sands producers paid in the past. Albertans less than $20 billion in royalties and land sales For example, at one point the Syncrude consortium had for the rights to more than $205 billion worth of bitumen. included the federal, Alberta and Ontario governments as The industry was getting “free oil” at the same time that U.S. minority shareholders. Proposed oil sands megaprojects refineries were paying US$100 a barrel for Canadian crude. of the 1980s, such as Imperial Oil’s $12-billion steam ex- Why would the task force recommend such a bum deal traction plant in the Cold Lake area, also included federal for government when other oil-producing jurisdictions and provincial financing. The Other Six Leases Operation were safely applying much higher royalty rates and (OSLO), a $4.3-billion megaproject proposed for Kearl taxes? An appendix to the task force report stated that Lake, 60 kilometres north of Fort McMurray, was to be the regime was “the result of a concerted effort on the part built by a consortium headed by Esso Canada Resources of representatives with expertise in business economic (with a 25% stake) that also included Canadian Occidental decision-making from six companies active in the oil Petroleum and Gulf Canada (20% each), Petro-Canada (15%), sands,” and that this Fiscal Terms Work Group “consulted PanCanadian Petroleum (10%) and the Alberta government at length with officials of Natural Resources Canada and (10%). At one point the federal government was planning the Alberta Department of Energy.” to contribute $1 billion to the cost of the project. The underlying goal of these fiscal recommendations Such capital- and labour-intensive operations—both was to “maximize wealth generation in Canada and conse- OSLO and the Imperial Oil projects were shelved due to quently for Canadians,” said the report. “Investment risks falling oil prices—appealed to the Don Getty government to individual developers, as well as returns to investors that succeeded Lougheed. It was hoped that embarking on and governments, were also important considerations.” a large-scale project like OSLO might bring back investor The report argued that the recommendations are justified dollars and renew confidence in the province. Oil sands due to the large scale and high costs of oil sands extraction projects drew in all kinds of workers, from engineers to and production, the long lead time needed for construction tradespeople, and could therefore help lower the unem- before projects are operating and producing, and the long- ployment rate. They also offered the province a way to term focus necessary for the development of technological offset its declining conventional crude stocks. Projects like innovations. OSLO, which would take eight years to reach completion, became symbols of economic progress even before they were built or producing synthetic oil. “We need it for supply Selling the task force report for Albertans and Canadians,” Getty told theToronto Star. Newell embarked on a cross-country speaking tour to The 1995 task force proposed a completely different promote his task force’s findings and push for oil sands model of oil sands development than either Lougheed or development, a role he took up with gusto. Right after 45 the launch of the report in Montreal, which mean more jobs and a stronger that will, in fact, inure to the benefit of Newell spoke to the Canadian Club Alberta—and Canadian—economy.” all Canadians.” And Eric said that he in Ottawa, and shortly after that to The federal government, however, would do that, and he and I have often the Empire Club in Toronto. “I firmly was not so keen to modify its tax laughed, because I think he visited believed that that was only the begin- regime to suit the oil sands industry. every chamber of commerce he could ning, that we had to then go out and McLellan’s department had been possibly get an invitation to talk about sell it and I was given, like, a couple fighting with Finance Canada about it, the benefits, the potential benefits for years where I think I did over 50 given the government was struggling other parts of the country. major speeches a year on it,” he said to contain a sizeable deficit and debt. Several Syncrude executives, includ- in a 2011 interview. “I’d talk to anyone The minister encouraged Newell to ing Newell, lobbied Ottawa to adopt that would listen and we had to sell it.” garner as much support as he could the provisions outlined in the task The Klein government in Alberta across the country. In a 2011 she said: force report. One of those executives, didn’t need a sales job. On September I remember Eric at one of our meetings, Al Hyndman, the expert on the fiscal 6, 1995, four months after the release and there were many of one kind or regime that the task force was rec- of the task force report, a provincial another, I remember saying to Eric ommending, became the company’s standing committee approved the that, “Look if you want me to try and chief lobbyist in Ottawa. McLellan generic oil sands royalty regime as sell this to the Minister of Finance and described how determined he was to recommended for all projects. “This to my colleagues around the cabinet get his message through to influential is an example of the government’s table at this difficult time, you really politicians and bureaucrats: new approach to development,” said do have to go across this country and Klein. “Instead of participating direct- I joke with Al Hyndman even now try and sell this as a national project, ly, we are establishing a framework that Al practically lived in Ottawa that this isn’t just about the province that should encourage new projects, at the time. He showed up at every of Alberta. This is a national endeavor Liberal event. He bought tickets for

OIL SANDS CHRONOLOGY

1962 The Social Credit 1973 Lougheed establishes 1975 Atlantic Richfield 1976 Lougheed’s Progressive government of Alberta the Alberta Energy Company withdraws from the Syncrude Conservative party wins its develops an oil sands policy (AEC). The province owned project. Other private second election and declares outlining an orderly but 49% of the corporation and corporations involved in the the first big budget surplus limited development. the remaining equity came project used the withdrawal in the modern Alberta oil from individual Albertans. to force major concessions era. Lougheed establishes 1967 The Great Canadian Oil AEC became a vehicle from the Alberta, Ontario and the Alberta Heritage Savings Sands (GCOS) project begins for Lougheed to promote federal governments. In the Trust Fund with an initial operating. GCOS would later oil sands development, end, all three became partners contribution of $1.5 billion. become Suncor Energy Inc. particularly Syncrude. in Syncrude. 1978 After about 14 years 1971 The Progressive 1974 Lougheed establishes 1975 Lougheed establishes of development, Syncrude Conservative party wins its the Alberta Oil Sands the Alberta Oil Sands Canada joins Suncor as the first majority government in Technology and Research Environmental Research province’s second oil sands Alberta, beginning a 44-year Authority (AOSTRA), a Program (AOSERP), which was producer. The opening of the provincial political dynasty. government-funded agency jointly funded by the province Syncrude operation marks the Peter Lougheed was Alberta’s that aimed to accelerate the and the federal government. beginning of the oil sands’ key premier from September development of oil sands AOSERP operated for a role in Alberta’s economy. 1971 until November 1985. technology. AOSTRA played decade, conducting surveys GCOS was the only oil sands a critical role in developing and other research to identify 1980–85 The National Energy operator in the province when SAGD (steam-assisted possible long-term impacts Program was an energy policy Lougheed was first elected. gravity drainage) and in-situ of the oil sands. The federal of the Government of Canada. extraction technologies. government pulled out of It was controversial and AOSTRA is one of the largest AOSERP in 1979, but the unpopular in Western Canada. research and development program continued to operate programs ever launched in until 1985. Canada.

46 every Liberal reception. He’d even show up at the Liberal This move is a response to one of the recommendations in Christmas caucus parties. I’d say, “How did you get in here?” the National Task Force on Oil Sands Strategies and should He’d say, “I know people. People, you know I’m a guest of X encourage further development of this tremendous natural or Y,” and we would laugh. And wherever the Minister of resource. Over the next several years we expect to see more Finance was, you’d find Al Hyndman not far behind. than $2 billion invested in at least six oil sands projects. This is a tremendous initiative for this province and clearly rec- The federal government modified its taxation and royalty ognizes the oil sands as one of the most strategic resources regime 10 months after the release of the task force report. in all of Canada. Previously, Ottawa’s tax scheme distinguished between conventional oil sands mining projects and in-situ projects, Industry responded quickly to the regime change. By 1997, favouring the former by allowing a wider range of deduc- production from the oil sands had grown to more than tions. The 1996 federal budget eliminated the distinction 540,000 barrels per day, an increase of 18.6% over the previ- between the two as the government applied a universal ous year. The new taxation policies triggered investments tax regime for oil sands producers. by several small and medium-sized companies, like Koch Ottawa took additional steps to spur on the industry. Oil Sands, Murphy Oil and Black Rock Ventures. Alberta Before 1996, the federal government provided incentives Energy noted in its annual report for 1995-96 that applica- for project expansions but disallowed write-offs related to tions for new or expanded oil sands projects had jumped upgrades aimed at improving efficiency. The 1996 budget from 36 in the previous year to 61. In total, various players changed these provisions and helped streamline the had announced plans to invest an additional $19 billion in policies of both the federal and provincial governments. the oil sands by 2005. According to Alberta Energy, that On March 6, 1996, the same day the federal government represented potential growth of over 1.2 million barrels announced its budget provisions for the oil sands industry, per day and the creation of “thousands of permanent jobs.” Alberta’s energy minister, Pat Black, told the provincial Technological developments, particularly in SAGD legislature: and in-situ extraction—mostly funded by the provincial

1985–92 Don Getty’s tenure 1992–2006 Ralph Klein was for the governments of November 1995 Just six as Alberta’s premier, from premier of Alberta from Alberta and Canada. After months after the release of November 1985 to December December 1992 to December government investment the task force report, Ralph 1992. 2006. helped kick-start the Klein’s Alberta government exploitation of the oil sands announces that the new 1988 The free trade 1993–97 Thirty-six Canadian and related technological royalty regime—written by agreement (FTA) between newspaper articles mention developments, the task force the industry-dominated task Canada and the United States the National Task Force on Oil was recommending that the force—applies to all new is signed, ensuring that most Sands Strategies. Only three governments of Alberta and projects. of Alberta’s oil production of these articles point out that Canada should now become would go straight to the U.S. the task force was dominated facilitators of industry March 1996 In its 1996 by the oil industry and two of development and no longer budget, the government of 1992 The Alberta Chamber of the articles mention that the directly involved partners. The Canada makes the tax changes Resources (ACR), an industry task force spokesperson, Eric task force also recommended the industry-dominated task association, establishes the Newell, was also president tax and royalty changes and force had recommended 10 National Task Force on Oil of Syncrude. The inadequacy environmental regulatory months earlier. The federal Sands Strategies. Syncrude of the media coverage may reform at the provincial and budget also introduced executives played key roles have served to convince federal levels. new tax incentives to spur in the ACR and the industry- readers that the task force was investment in the oil industry. dominated task force (45 of more concerned about the 1995–97 Syncrude 57 task force members were public interest than its own executives, who were leaders self-appointed from industry; (corporate) interests. of the task force, lobby the eventually the governments governments of Alberta and of Alberta and Canada each May 1995 After two years Canada to adopt the task made six appointments). of discussion and research, force’s recommendations. The the industry-dominated government of Alberta did not National Task Force on need any convincing and the Oil Sands Strategies government of Canada did not releases a report with 23 need much. policy recommendations 47 government through AOSTRA—meant costs and high interest rates, but there Advisory Panel, which eventually that smaller companies did not have is no question that without earlier recommended a number of structural to invest billions of dollars as Imperial government support, for Syncrude changes to the royalty system for con- Oil, Petro-Canada and Syncrude had specifically, there wouldn’t have been ventional oil and gas, but virtually no done. Alberta’s Energy and Utilities much for a “market-driven” industry changes to rates overall, including the Board (EUB) noted: “Future production to build on. Now that the industry is 1% rate on oil sands generally. of synthetic crude oil from mining established and—despite today’s low Notley also differs from both men and in-situ projects is anticipated to oil prices—growing, the province is in her wider consultative strategy on increase even more significantly as forced to take long-ignored questions energy issues. Rather than leaving the refined products from the oil sands more seriously—questions about en- development of policy to the petrole- replace the depleting conventional vironmental impacts and the desires um industry, as Klein did, the premier oil and gas reserves of the province.” and rights of impacted communities. has established several review panels If this was market-driven devel- Premier Notley has made it clear that and committees comprising repre- opment, it had a lot of help from while her government will continue to sentatives of industry, academia, First government. In 1974, when Alberta encourage oil sands development, like Nations, environmental NGOs, labour created AOSTRA, approximately 20 Lougheed she wants a more measured and citizens at large. These panels (in- people (perhaps 10 academics and an pace of development. This is evident in cluding the climate panel and an energy equal number of their students) were the Climate Leadership Plan, released diversification advisory committee) conducting research on the oil sands. in 2015, which imposes a 100-megatonne have been tasked with holding public Twenty years later, more than 80 sci- cap on greenhouse gas emissions from hearings, and bringing forth ideas and ence and engineering professors were the sector, thereby slowing develop- recommendations to the government. teaching and doing advanced research ment and forcing oil sands operators to Much like her father, Grant Notley, and development on oil sands–related develop technology that significantly the premier has developed her own projects. reduces carbon emissions intensity. brand of NDP energy policies that Besides moving quickly on a new fis- The cap makes it clear that develop- often contrast with those of the cal regime, the provincial government ment of oil sands operations is not an federal and other provincial parties. wasted no time in acceding to the open-ended project, but must conform For example, she unapologetically industry’s requests for streamlined to government’s expectations as well promotes oil pipelines and is working approvals. The EUB was created as a as, if not instead of, market forces. to develop new markets for Alberta’s merger of the Public Utilities Board Notley’s climate agenda also fea- fossil fuels—a recognition, perhaps, and the Energy Resources Conserva- tures a levy on the consumption of that many Albertans depend on the pe- tion Board. But because of the Klein fossil fuels in the province. There troleum industry for well-paying work. government’s focus on reducing the was no such levy in Lougheed’s day, Too much socialism, the elder Notley deficit, staff numbers were reduced but Notley plans to use revenue from reasoned, would scare off moderate even though oil sands project applica- the carbon tax to kick-start renewable voters and hurt the party come elec- tions were increasing. Alberta Energy energy development in the province, tion time. Like him, Notely appears to also made it clear that the new system much like Lougheed used government believe that social democratic goals in would “lessen the regulatory burden revenues to kick-start the develop- energy policy can be achieved through on industry and the EUB.” ment of oil sands technology. regulatory means and an aggressive The new system introduced Notley has shown a proclivity for public presence in the industry. self-regulation, which meant oil encouraging Alberta-based energy Notley’s policies are influenced and sands operators became responsible companies to work closely with her constrained by all her predecessors. for regulating themselves. In the government, much like Lougheed But so far her government’s vision words of Alberta Energy, “In the new promoted an Alberta-first strategy of the oil patch harks back mostly to approach, the Board began placing the through the Alberta Energy Company the Lougheed era, which is generally a onus on industry to assume responsi- and his support for Syncrude. When good thing for the province. The facts bility for knowing and complying with Notley announced her climate plan in show that giving control to one stake- regulatory requirements.” With fewer Edmonton she was joined on stage by holder at the expense of all the others government regulators and inspectors CEOs from Canadian Natural Resourc- is not in the broader public interest. the industry was left to monitor itself es Limited, Suncor Energy, Cenovus Particularly in the era of climate just as the race to build or expand Energy and Shell Canada. All those change, government has a responsi- dozens of oil sands projects became companies have significant oil sands bility to consider the immediate and more heated than it had ever been. operations and, with the exception of long-term social and economic needs Shell, are formidable home-grown oil of this and future generations. M and gas producers. THIS ARTICLE IS DRAWN FROM A REPORT OF THE SAME Is it back to the future for Notley? Unlike Lougheed, however, Notley NAME BY GILLIAN STEWARD THAT WAS CO-PUBLISHED IN JUNE BY PARKLAND INSTITUTE AND THE CANADI- The future of oil sands development chose not to impose higher royalty rates AN CENTRE FOR POLICY ALTERNATIVES AS PART OF may have been murky in the 1990s, given on the petroleum industry early in her THE CORPORATE MAPPING PROJECT (WWW.CORPO- RATEMAPPING.CA). the low price of oil, high extraction mandate. She struck a Royalty Review 48 suspected by the Ancient on a different kind of race, mechanic and teacher Greeks of being able to see this one to collect core by trade who volunteers the future (and depicted as samples of 18,000 years of with the non-profit Tetra such in Game of Thrones), climate history from the Society. To date, Wurtak show signs of planning Andes mountains before has finished nearly two previously thought to be climate change completely dozen projects through restricted to humans and melts their covering the society, which aims to great apes. For example, glaciers. / Economic Times increase independence for the five captive ravens at / EcoWatch people with disabilities. The good the university appeared In Calgary, Justin Knibbe news page able to barter, and to pass and his staff at Knibbe up an immediate reward Health and happiness Automotive Repair have if they thought they could been finding cars, fixing Compiled by get a better one by waiting ew international them up and giving them Elaine Hughes a bit, even overnight. / Nresearch suggests to needy single-parent Norfolk News / National that learning new things, Calgarians. It has become Geographic / Associated eating and drinking well, a shop project, with staff For the birds Press not smoking, and limiting using their own money and hearing loss and loneliness working on their own time. he spring migration of could prevent a third of de- They take nominations Ta strong and healthy Techno travel mentia cases, which affect through their Facebook female Tennessee warbler, around 47 million people page and by email, and go a species that breeds in ndian Railways has worldwide. Getting politi- through the applications Canada’s northern boreal Ilaunched a solar-powered cally active wasn’t on the as a team, voting on those forest, was interrupted the diesel electrical multiple list, but it is cited by Danes they believe to be most morning of May 29 when unit (DEMU) train—the as one of the contributing deserving. According to volunteer researchers world’s first—consisting of factors—including a good, the Federation of Sovereign at the Long Point Bird six coaches fitted with 16 locally delivered health care Indigenous Nations (FSIN), Observatory (LPBO) solar panels, each pro- system, and an economy 16 of Saskatchewan’s 74 on Lake Ontario gently ducing 300 Wp (watt peak that prioritizes labour over chiefs, two of the five FSIN captured her in a mist net, capacity). The train can capital—to their country executive members and weighed and measured her, run on battery and supply ranking first in the World three of the 10 heads of put a numbered aluminum lighting for at least 72 Happiness Report twice tribal councils are women. band around her leg and hours. Future plans include in the past four years. Lynn Acoose, the long-time released her a few minutes adding 50 more coaches— Sicilians are happy this year chief of the Sakimay First later, making the warbler first on urban trains, for more sensual reasons. Nation in southeastern the one millionth bird to then on long-distance Local freshwater clams Saskatchewan, said that be banded by LPBO since trips—plus air-condition- and mussels, off-limits in Crown officials refused to its first, a song sparrow, ing. Meanwhile, the U.K., the southern Italian island deal with women during on April 2, 1960. In B.C., France, Germany, the for 30 years because of treaty talks and that a red-tailed hawklet, Netherlands and Norway high levels of pollution, colonial sexism lingered for nicknamed Spunky by eagle are part of an electric car are back in restaurants more than a century. Today, biologist David Hancock, race with a deadline of and kitchen pots after the Indigenous women are mysteriously landed in 2040 for banning the sale regional health department establishing themselves as the nest of a bald eagle of fossil-fueled vehicles. declared Lake Ganzirri free doctors, lawyers, teachers, this spring and appears The countries are trying to of contamination. / Reuters social workers, and to have been adopted. outdo each other on the / Waging Nonviolence protectors of the land and Typically, hawks are food development of hybrids, water. “We’re starting to for eaglets, but Spunky is plug-in stations and car believe in each other again,” starting to behave like one battery research. Starting Making connections said Acoose. / CBC himself. Unfortunately, says in 2019, Sweden-based Hancock, he will need to Volvo (owned by China’s udy Winship, a Regina learn to be a hawk on his Geely Holding Group since Jwoman with multiple own if he’s going to survive. 2010) will produce only sclerosis, can power Ravens are less likely cars with electric motors her sewing machine by to make such mistakes. or hybrids (combined pressing her forehead According to researchers at electric and petro-driven against the “pedal,” thanks Sweden’s Lund University, engines). Members of the to a modification by Gerry the corvid species, Ice Memory expedition are Wurtak, a heavy-duty 49 International

JIM HODGSON A pink tide turns red Venezuela’s Bolivarian revolution may yet survive, but only if it can deepen democracy and get economic reforms back on track.

OU MAY HAVE seen Beatríz at Din- In this piece, I want to share some needed to be central in trade talks and ner, a new film that stars Salma thoughts about what has happened public policy-making. Hayak as an unexpected guest of and why, together with some guesses In those years, Common Frontiers some California one-per-centers. as to what may happen now, and was working with other groups “All your pleasures are built on some lessons that might be useful in throughout the Americas in the Yothers’ pain,” Beatríz says to her hosts. considering social change processes Hemispheric Social Alliance (HSA) In good storytelling style, a personal elsewhere. to develop a different approach to conflict stands in for a profound social trade and international relations. one: the relationship between power or many of us in Common Fron- Latin Americans had lived through and wealth on the one hand, and vul- tiers—the coalition of Canadian successive (and failed) “decades of nerability and poverty on the other. In Flabour, human rights and religious development,” and then through the face of a monster, the film shows groups working for trade justice in the neoliberal dogma about restraint Beatríz making a choice: to kill or to Americas—our first contact with the that was justified by a need to repay die. new Venezuelan government came in foreign debt. But there is a third choice (readers November 1999 in Toronto. In those In spaces like the World Social of The Monitor probably made this days, just a few weeks before the Forum and the HSA, new ideas choice long ago): to join with others mass protests around the World Trade emerged. A series of proposals that in working for social and ecological Organization meeting in Seattle, and came to be known as Alternatives justice. less than 18 months ahead of similar for the Americas were instrumental With the election of Hugo Chávez protests at the Quebec City Summit in eventually defeating the proposed as president in December 1998, Vene- of the Americas, it was still possible Free Trade Agreement of the Americas zuelans embarked on a decades-long to gather civil society representatives (FTAA) in 2005, and some proposals effort to wrest control of the country and trade ministers into a room for a were adopted by some of the new “pink from the tiny elite that had always conversation. Most of the government tide” governments that were elected in run everything for their own benefit. representatives talked proudly of Latin America and the Caribbean in Under the old rules, elite-backed par- “putting a human face on globaliza- the years after the election of Chávez. ties would make promises and dole out tion,” but the minister representing One of the first moves by the new favours, but nothing really changed Venezuela drew applause for saying Chávez government was to rewrite for the impoverished majority. The that concern for the rights of the poor the national constitution. It came government owned the oil company, into effect following a plebiscite in De- but benefits accrued to senior manag- cember 1999, even giving the country ers, not the state. a new name: the Bolivarian Republic Every step along Venezuela’s now of Venezuela. The new constitution 19-year-old transformation has been expanded civil rights and included met with resistance. The old elites, socioeconomic rights, such as the right together with middle class sectors that to employment, housing and health identify with them, were (perhaps care, while also expanding minority predictably) unwilling to commit rights (notably those of Indigenous class suicide; they found powerful peoples) and the rights of women. allies among foreign powers, includ- Every step along In 2001, some 49 laws were passed to ing much of the international media. Venezuela’s redistribute land and wealth. Land What is playing out now in Venezuela, reform continued in early 2005 with with almost daily demonstrations, now 19-year-old the abolition of large estates for the some of them violent, is resistance by transformation benefit of the rural poor. those whose pleasure once depended In April 2002, as the government on the pain of others. has been met with sought to bring the Petroleos de resistance. Venezuela state oil company and its 50 revenue under more direct control, Supporters of Venezuela’s President health care, education, housing, public Chávez was briefly overthrown and Nicolas Maduro carry a portrait transit, food and pensions through imprisoned. The interim government of former president Hugo Chávez misiones—popular campaigns that suspended the new constitution, to the Palacio Federal Legislativo use oil revenue for public benefit. the supreme court and the national during the National Constituent Venezuela has now given 1.7 million assembly. Popular protest and internal Assembly’s first session in Caracas, homes to the poor. There have been divisions led to the collapse of the August 4. improvements in health care (includ- coup and the return of Chávez after REUTERS/CARLOS GARCIA RAWLINS ing decreased rates of infant mortality, just 47 hours. heart disease and new HIV/AIDS re- Two years later, the opposition ports), education (including access to succeeded in using one of the new computers in schools), and new meas- constitution’s mechanisms, the recall again in October 2012. After the death ures to protect the rights of women referendum, to try to remove Chávez of Chávez from cancer, Nicolás Madu- and LGBTI people, plus the creation from office. But Chávez ended up ro was elected president in April 2013. of institutions like the Centre of Af- winning about 60% of the vote. He Throughout these past 19 years, the rican Knowledge and the Ministry of was re-elected in December 2006 and government has expanded access to Popular Power for Indigenous Peoples. 51 Here is what the United Nations Agricultural goods could also be used attributed to government authorities Human Development Index (HDI) for payment. compared with opposition violence report says concerning Venezuela: But you wouldn’t know any of that or looting. Many of the deaths are the “Venezuela’s HDI value for 2015 is if you only looked at mainstream result of lynchings or sharp-shooter 0.767—which put the country in the media. Even our beloved CBC and the killings of people who, because of high human development category— left-leaning Guardian (U.K.) newspa- the colour of their skin or their being positioning it at 71 out of 188 countries per seem to get Venezuela wrong, most out of their own neighbourhood, are and territories. The rank is shared days at least. (You can balance your thought to be government support- with Turkey. [Neighbour Colombia is mainstream media diet with at least ers. Demonstrations and roadblocks ranked at 95.] Between 1990 and 2015, occasional looks at TeleSur’s English usually occur in areas where local Venezuela’s HDI value increased from service and at the website Venezuela-� governments and their police forces 0.634 to 0.767, an increase of 20.9%. nalysis.com). Some media will tell you are controlled by the opposition. Between 1990 and 2015, Venezuela’s that things have been going horribly life expectancy increased by 4.6 years, wrong for the past 19 years; others will n conditions of severe polarization, mean years of schooling increased by point to Maduro’s four years in power civil dialogue has become almost 4.8 years and expected years of school- as a catastrophic failure. Iimpossible. It’s not that there are ing increased by 3.8 years. Venezuela’s Yes, the collapse of world oil prices no legitimate criticisms to be made GNI per capita increased by about (from a peak of $115 per barrel in June of the government. One might wish, 5.4% between 1990 and 2015.” 2014 to under $35 in February 2016) has for example, that much more had In commenting on these numbers, hurt Venezuela, which derives 95% of been done long ago to overcome the Portuguese economist Boaven-� its export earnings (and about half its criminal violence, advance LGBTI tura de Sousa Santos wrote: “It must GDP) from petroleum products. But rights, protect the country’s ecology, be stressed that such progress was considerably adding to the pain has reduce dependence on oil revenue, and achieved in democracy, which was been a strike by capital and a refusal stimulate food production. only interrupted by the 2002 attempt- by large corporations to produce If only such criticism could be ed coup, a coup that had the active or distribute food. We’ve seen this made in an atmosphere of civil debate support of the United States.” economic warfare strategy before, without threats to overthrow the gov- Venezuela has worked with its notably in Chile in the 18 months or ernment or to foment violence. On the neighbours to create new economic so before the 1973 military coup that day after the revocation referendum structures. In December 2001, Chávez toppled Salvador Allende’s socialist-led in 2004, opposition leaders were on proposed the creation of a new trading government. breakfast television talking about system, the Bolivarian Alternative of Since April this year, opponents how to assassinate the president. The the Americas. It would be known by of the Maduro government have led banner across the bottom of the screen its Spanish acronym, ALBA, which almost daily demonstrations. Some of read: “Defeat Chavez or Civil War.” also means dawn. (Since then, the them have been peaceful, but many Part of the problem is that the word “alternative” has been replaced have included acts of vandalism, arson, opposition parties are openly funded by “alliance.”) Launched three years and attacks on security forces. More by two U.S. government agencies: the later together with Cuba, ALBA soon than 100 people have died, but rela- National Endowment for Democracy attracted participation from Nicara- tively fewer of these deaths have been (NED) and the U.S. Agency for Interna- gua, Bolivia, Dominica, St. Vincent and tional Development (USAID). Even the the Grenadines, Ecuador, Antigua and Central Intelligence Agency admits Barbuda, and Honduras (at least until publicly that it is working with Mexico the 2009 military coup removed that and Colombia against Venezuela. country’s progressive government). At the root of U.S. opposition to the In part, countries barter for ex- Bolivarian Republic is—you guessed changes through ALBA. The classic it—oil. Venezuela is the third largest example is Cuban medical doctors for source of U.S. oil imports. An embar- Venezuelan oil, but there is co-opera- go on imports from Venezuela was tion in industry, food production and Some fear an apparently rejected by the Trump energy security. Development projects outright U.S. administration—the United States have been supported in ALBA member needs the oil—in favour of selective states, as well as in Haiti, Surinam, invasion, or a sanctions. But U.S. Secretary of State Guyana, Jamaica and Belize. Vene- one that involves Rex Tillerson, the former head of zuela has also created Petrocaribe as a ExxonMobil, will not forget the impact mechanism for Caribbean and Central other countries on the company when the Venezuelan American countries to purchase oil that are hostile government took back control of bil�- on favourable terms: 40% to 50% up lions of dollars’ worth of Exxon assets front and the rest to be paid over 25 to the Maduro in 2007. years, with a 1% or 2% interest rate. government. 52 Even when viable mediation pro- When the poor of permanent consultation that is posals are made, such as the one led deeper than electoral cycles. “Among by former heads of government from win power and the seven Zapatista principles is ‘going Panama, Colombia, the Dominican actually have a down and not rising,’ which is a basic Republic and Spain (which was backed characteristic of a new political cul- by Pope Francis), the opposition re- shot at changing ture that flies against the old culture fuses to join. Sadly, Canada and some the rules of of our left that seeks advantages, even other countries side with those who individual ones, within the system and denounce Maduro as a “dictator” and politics and from the state,” he said recently. refuse to press for peaceful solutions. economics—at The other experience is in Venezuela With regard to Venezuela, Canada itself, in the western states of Lara and has tended to follow the lead of the transforming the Trujillo, from the city of Barquisimeto United States, Mexico and Colombia. structures that to the Andes region. Over the past 40 Obviously, Canada and Mexico are years, networks of rural and urban playing different roles in the Americas made them poor— co-operatives have established a via�- today from the years after the 1959 what may they do ble way of life that is different from Cuban Revolution, when they alone capitalism. “That is the new Venezuela, stood with Cuba in this hemisphere in to hold on? where ethics guide,” Zibechi says. the face of U.S. hostility. But now they are renegotiating the North American opened this essay with the assertion Free Trade Agreement with a difficult that, beyond the choices which faced administration in Washington. I Beatríz after her dinner among a What could happen? Some fear an half-dozen of California’s richest peo- outright U.S. invasion, or one that ple—beyond killing or dying—many involves other countries that are hos- of us choose to engage in life-long tile to the Maduro government. But struggles for social and ecological Venezuela has tended to win all dip- have won elections by setting social justice. lomatic struggles in the Organization goals ahead of the narrowly defined Making that choice, however, brings of American States and at the United neoliberal growth agenda that had with it further choices. Since the 1970s Nations, so a direct military invasion previously reigned across the region. in Latin America, the left in power would be a lonely adventure, likely to In Venezuela and other places, they has tried to govern according to the be condemned by the international reduced poverty by redistributing rules of liberal democracy, arguably community. Among the permanent some wealth through pensions or without sufficient regard for the roles members of the UN Security Council, other programs, but for the most part, of money, foreign interference and China, Russia and France stand with they failed to reduce dependence on private media conglomerates. When Venezuela. the export of raw materials. the poor win power and actually have What seems more likely than an An electoral defeat in Argentina, a a shot at changing the rules of politics outright invasion would be a pro- military coup in Honduras, and parlia- and economics—at transforming the longed “contra” style war—funded mentary machinations in Brazil and structures that made them poor— by the United States, modelled on the Paraguay have seen the “pink tide” roll what may they do to hold on? U.S.-financed mercenary fight against back, but social movements are still With the constituent assembly, Nicaragua’s Sandinista Revolution in still thinking about alternatives and in the face of strong external and the 1980s, and drawing troops from new steps. In part, that has to do with internal opposition, Venezuela still Colombia’s paramilitary death squads. overcoming the region’s colonial-style has a long-odds shot at transforming But it would be a devastating tragedy role in the global economy as a source democracy in a way that allows space to see a new war begin just as Colom- of raw materials. But for many, it also for the majority of the population to bia finds its way toward peace. means giving new content to the continue reinventing Latin American A better outcome could emerge from concept of democracy. politics and economics. Venezuelans the new constituent assembly: a new Uruguayan journalist Raúl Zibechi, should be given that opportunity, free constitution that strengthens the a keen observer of Latin American from foreign intervention and with power and participation of grassroots social movements and the “pink the solidarity of those who seek new organizations (including workers), tide” governments, points to two approaches. M restructures municipal government, experiences that offer lessons in expropriates companies shown to transforming power itself. One is the have engaged in economic sabotage, work of the Zapatista movement in and protects economic, social, cultural Chiapas, Mexico since 1994. To mandar and environmental rights. obedeciendo—to rule by obeying the Over the past two decades, Latin bases, the grassroots—is to infuse American political parties of the left democracy with an ethical practice 53 International

ASAD ISMI Behind the Saudi-led blockade of Qatar Talking heads, not terrorism, seen as the bigger threat— along with Iran’s growing influence in the Middle East.

BLOCKADE IMPOSED ON Qatar by line with that of the Gulf Co-operation military base in the Middle East, which Saudi Arabia, the United Arab Council (GCC), a regional political houses an estimated 10,000 troops. Emirates (UAE), Bahrain and organization to which Saudi Arabia, Conn Hallinan, an analyst with Egypt entered its third month in Bahrain, the UAE, Oman, Kuwait and Foreign Policy in Focus, a project of the August as negotiations to end it Qatar all belong. Washington, D.C.–based Institute for Aremained deadlocked. The comprehen- Qatar has rejected these demands Policy Studies, explains that Trump’s sive blockade cuts diplomatic relations as an attack on its sovereignty. All the trip to Saudi Arabia was a major between the countries, closes borders countries in the dispute are U.S. client reason for his supporting the Qatar and land, air and sea routes, and even states, competing for Washington’s blockade. “Trump is deeply ignorant prohibits citizens of the boycotting approval, but the White House itself on foreign policy and particularly so in nations from working in Qatar. Iran is divided on the issue, with U.S. diplo- the Middle East,” he says. “The Saudis has rushed to Qatar’s aid and is flying macy now hobbled by a contradictory threw him a dog and pony show and large food shipments into the country. foreign policy. The blockade is opposed he took the bait. The main reasons given for the by Rex Tillerson, the U.S. secretary of “Trump has since backed away—a blockade by Saudi Arabia and the other state, but was encouraged by President little—from his blanket support for three countries are Qatar’s alleged Donald Trump during his visit in May the blockade. A major reason is that support for terrorism (especially its to Saudi Arabia. Tillerson’s shuttle Qatar is strategically important for close links to the Muslim Brotherhood diplomacy amongst the conflicted the U.S.” party in Egypt), its interference in countries in July failed to break the Hallinan cautions that Tillerson their internal affairs, the news channel deadlock. Qatar hosts the biggest U.S. “may not support the blockade against Al Jazeera and Qatar’s good relations Qatar but he still holds to the 1979 with Iran. The four blockading coun- Carter Doctrine that gives the U.S. tries have issued thirteen demands to U.S. Secretary of State Rex Tillerson the unilateral right to intervene in the Qatar that include closing Al Jazeera, (right) shakes hands with Qatari Middle East to preserve the control of downgrading trade relations with Foreign Minister Sheikh Mohammed energy resources for Washington and Iran, expelling the “terrorists” it is bin Abdulrahman Al Thani before its allies.” harbouring, ceasing other support for their meeting in Washington at the Sabah Al-Mukhtar, president of the terrorism, closing a Turkish military end of June Arab Lawyers Association based in base and bringing its foreign policy in U.S. GOVERNMENT/FLICKR London, U.K., tells me the dispute “has 54 nothing to do with terrorism, which Qatar. Hallinan adds that Egypt, reserves—a familiar motive lurking is supported by Saudi Arabia and the which supports the blockade, will behind many other cases of U.S. inter- UAE as well.” These countries, as well not break relations with Iran. Other vention globally. as Qatar, “were ordered by the United Muslim countries such as Pakistan Chossudovsky points out that Qa- States to support the uprising against and Indonesia reject both the block- tar’s gas fields are entirely owned by the President Assad in Syria and the use ade and chilling relations with Iran, state; private corporations, including of force to overthrow him, and all while Morocco and Turkey are sending ExxonMobil and several other compa- three countries have been financing Qatar supplies. nies from Russia, China and Malaysia, terrorist groups in Syria to accomplish “The new Saudi regime has made one operate under contracts. In December, this. So, Saudi Arabia accusing Qatar mistake after another,” says Hallinan. Qatar’s close relations with Russia bore of supporting terrorism is laughable.” “It invaded Yemen, thinking it would fruit when the state-owned Qatar Al-Mukhtar adds that the UAE’s be a short war, despite being told that Investment Authority bought (with trade relations with Iran are more the only place you want to invade Swiss commodities trader Glencore) extensive than those of Qatar, and less than Afghanistan is Yemen. They 19% of Rosneft, a Russian oil corpora- that the funding and promotion of pushed down the price of oil, thinking tion also invested in Qatar’s gas sector. Al Jazeera, a television news channel it would drive marginal competition For years, the U.S. has been un- that broadcasts in Arabic across the out of business and somehow missed successfully attempting to find an Middle East, is the most important the analysis that the Chinese economy alternative to Russian gas supplies factor in the blockade, since the chan- is slowing down, so they are stuck with for Europe by running a pipeline from nel’s news programs regularly feature low oil prices draining their income. the Middle East or Central Asia to the Arab commentators who talk about The combination of incompetence and continent, as I wrote about in the Mon- human rights and how governments arrogance is just breathtaking.” itor in May 2010. Russia is the biggest should answer to the people. “This Hallinan says this record of failure is supplier of both oil and gas to Europe. is anathema to the four blockading matched by that of the U.S. It started But according to Chossudovsky, a regimes who think the channel is with George W. Bush’s invasion of Iraq, major effect of the blockade will be to undermining them and provoking followed by Obama’s overthrow of the change planned pipeline routes for Qa- unrest in their populations,” he says. Libyan government and his adminis- tar’s gas from travelling through Saudi A second major reason for the tration’s support for the overthrow Arabia to Europe (via Turkey) to going blockade is the shared Saudi and U.S. of Assad in Syria. “One can add U.S. through Iran (via Iraq and Syria). This fear of Iran’s growing power. They support for the Saudis in Yemen. All is the route backed by Russia. “Russia’s want to isolate Iran, a majority Shia these actions have increased Iranian geopolitical control over gas pipelines Muslim country, in part by pitting it influence, and Russian as well, in the going to Europe has been reinforced as against a united Sunni (the majority Middle East,” he argues. The Iraq a result of the blockade,” he says. sect of Islam) front of countries. The war removed Iran’s biggest rival in It’s too early to say the U.S. has been Obama administration had opted for the region and established a Shia beaten at its own game. Washington diplomacy, signing a nuclear pact with government in Baghdad. Trump’s still has substantial influence over Tehran as part of efforts to normal- encouragement of the Qatar blockade Qatar due to its military base there, ize relations, but Trump is far more is just the latest U.S. gift to Iran. and the blockade has made Qatar hostile to the country, which suits the Qatar is the world’s third largest more anxious than ever to gain U.S. Saudi Arabian monarchy much better. producer of natural gas (after Iran and favour, according to Al-Mukhtar. In “The Saudis fear that Iran’s nuclear Russia) and shares ownership with July, Tillerson announced the U.S. and pact with the U.S., the EU and the UN Iran of the North Dome/South Pars Qatar had signed a memorandum of is allowing Tehran to break out of its maritime gas reserves, which make understanding on fighting terrorism economic isolation and turn itself into up 14% of world gas deposits. This that includes substantial financial in- a rival power centre in the Middle has made Qatar, with a population formation sharing. “Together, the U.S. East,” explains Hallinan. “They also of two million, the richest country and Qatar will do more to track down fear that anything but a united front per capita in the world. It also makes funding sources, collaborate and share by the GCC—led by Riyadh—will en- Qatar economically very strategic. information and do more to keep the courage the House of Saud’s internal “The blockade of Qatar has been region and our homeland safe,” said and external critics. Such fears have carried out by Saudi Arabia in consul- the secretary of state, adding the deal driven the Saudis to make what I think tation with Washington and I suspect had been two years in the making. is a major strategic error. The blockade that its main motive is to break this At the same time, as Al-Mukhtar is not working.” sharing arrangement for natural gas emphasizes, Iran is also established Instead of separating Qatar from between Qatar and Iran,” says Michel as a major power in the Middle East, Iran, the blockade has driven the Chossudovsky, an emeritus professor a development the U.S. was unable to two countries closer together. Even of economics at the University of Ot- prevent. Qatar’s close alignment with within the GCC, the blockade is not tawa who visited Qatar in July. The both countries—the U.S. and Iran— unanimously accepted, with Oman U.S. objective is, he claims, to secure reflects this complex new reality in the and Kuwait refusing to boycott geopolitical control over Qatar’s gas Middle East. M 55 Books

FRANK BAYERL Representation and resistance PHOTO COURTESY OF THE NAPANEE BEAVER.

HE BREXIT VOTE and the election of claims of direct and representative labour movement in Canada may Donald Trump, and before them democracy. seem disproportionately long, but it the rise of Rob Ford in Toronto, il- Freeman’s book, however, is about is only because he sees the union as Tlustrate the potential of western participatory democracy, which he a model of grassroots participatory representative democracy to go side- considers to be an expansion of rep- democracy. With their decentralized ways. Two recent books that look at resentation so that it more accurately structure based on workplace-spe- participatory democracy from very reflects the views of the people. Ex- cific locals, unions represent how a different angles may tell us some- isting political and economic systems grassroots federation can operate, thing about the related if puzzling in the developed capitalist countries with officers elected from among the and highly ambiguous phenomenon are seriously out of whack, he con- worker membership. of populism. tends. But what are its causes and its Freeman also discusses how co-op- Bill Freeman begins Democracy consequences? eratives, the environmental movement Rising: Politics and Participation in The first culprit, writes Freeman, and other community groups have Canada (Dundurn Press, Toronto, echoing many voices in the recent contributed to our understanding of 2017) with some useful distinctions U.S. election campaign, is elite control the potential of participatory democ- between how we elect governments in of the democratic system. Corporate racy. Co-operatives have a long history Canada and the U.S., where individuals elites have undue influence over in Canada and include the Caisses are chosen to represent our views for public policy and privileged access to populaires in Quebec, founded by a preset period, and direct democracy, government through their political Alphonse Desjardins to make credit where issues are decided by a vote contributions. They use this influence more easily available to working peo- of all those present. Representative to ensure the passage of tax policies ple, and the Coady Institute in Nova democracy is the only practical way favourable to themselves, and trade Scotia, which started as a fishing that large groups of citizens can agreements that further entrench co-op and became a much broader govern themselves, he writes, and is their control over the economy. educational and social movement therefore used by virtually all dem- Freeman then embarks on a histor- designed to empower marginalized ocratic governments, though most ical survey of past efforts to expand groups during the Great Depression. also resort to referendaums, a form participation in democracy, beginning Their democratic control by members of direct democracy, on occasion. The with the progressive movement in and open, participatory governance author, a Toronto-based urban affairs the U.S. and continuing with the make these projects a good model for writer, cites the U.S. Constitution as farmer-labour movements in Canada, a revitalized democracy. an elaborate attempt to balance the which morphed into the CCF and later Only in part three of the book does the NDP. His detailed history of the he begin to come to grips with his 56 main subject and discuss some con- struggle against the world’s largest environmental lawyer and scientific crete ways of allowing people to have waste disposal company. experts are absolute requirements. more direct control over the design Fighting Dirty: How A Small Com- Also vital are good organization and and delivery of government services. munity Took on Big Trash (Between the assignment of specific jobs to Parliament has become unresponsive the Lines, Toronto, 2017) is a from- individuals. to the popular will, since MPs follow the-trenches look at the local battle Waste Management had originally the wishes of their party and party to stop Waste Management Inc. from applied for an a eightfold expansion discipline is strong. One useful reform expanding a dump near Napanee, On- of a dumpsite that had existed for would be some form of proportional tario so that the site could take waste years. The Ontario Environmental representation, suggests Freeman, but from across the province. Author Poh- Assessment Board gave its approval in the present government has reneged Gek Forkert, a toxicologist at Queen’s 1986, despite concerns about possible on that promise, further feeding University, joined local landowners leachate contamination due to the public cynicism and alienation from and the nearby Mohawk community nature of the land. The dump rested the centres of power. of Tyendinaga in the fight, which has on fractured limestone, which is com- In his final chapter, Freeman points been going on for decades and still mon in the area. As the term implies, to WoodGreen Community Services in continues. such terrain would likely defeat any Toronto’s east end as the kind of com- “The pitched and prolonged battle attempts to contain contamination munity-based model of government between a few dozen diehard envi- from the dump. Leachate is basical- service delivery he’s advocating. Wood- ronmentalists in a tiny community ly “garbage juice,” the runoff from Green operates seven daycare centres in southeastern Ontario and a series decomposing waste mixed with rain and extensive seniors’ programs, of corporate landfill owners should and snowfall. administers 700 affordable housing have been no contest,” she writes. Forkert’s narrative is full of twists units, and runs youth programs, Eng- “The citizens had no money, other than and turns and seemingly final deci- lish classes for immigrants, refugee what they could raise themselves. The sions, by various bodies, that were not settlement programs and services other side was awash in financial and final at all. The author does a superb job for intellectually disabled people. It political clout. They should have run of explaining the findings of the scien- is governed by a board made up of roughshod over the local residents— tists involved and what was at stake in community members and receives and they certainly tried. But they the process. To make a long story short, government funding, but is free of weren’t able to. That’s why I find this the latest iteration of an application for undue government interference. How, story so compelling.” expansion of the waste site now seems he asks, can this model be expanded to What emerges from the author’s to be dead, and satisfactory conditions deal with countrywide issues? account of the ensuing fight with the for closing and monitoring the existing Freeman’s answer is to create a company—and, sadly, the Ontario site have been approved. network of community organizations Ministry of the Environment—is the What the citizens of the township like WoodGreen across the country. importance of individuals in any such and Mohawks of Quinte Bay accom- Co-ops, non-profits, unions and en- effort, and also of sheer persistence plished went beyond defeating a vironmental groups could be linked and bloody-minded refusal to accept single corporate project that would through the internet into confeder- being steamrolled by bureaucracy and have harmed their shared land. Their ations, providing a forum for people alleged expertise. She has written a struggle led to changes in how the to get to know one another, work vivid and almost novelistic account of province does environmental re- together and mobilize to broaden their the principals involved, bringing their views—a process the Ontario auditor support. He ends the book with some struggle to life as part of the tapestry general’s 2016 annual report criticized useful rules for reformers, emphasiz- of rural southeastern Ontario. If an in scathing terms. ing the importantce of disseminating account of an environmental battle Fighting Dirty is a valuable hand- information and doing outreach as can be a page turner, this is it. book for citizen participation in direct key tools for public engagement. Forkert centres her narrative democracy, and it offers a positive around the people she met opposing perspective on populism. It shows y issue with Democracy Rising— the dump expansion. People like how genuine citizen involvement in and this could be said for many Margaret Walsh, the formidable long- decision- making, from the bottom up, Mbooks in the same category—is time reeve of Tyendenaga Township, can produce desirable outcomes for all, that it spends far too much time di- Chief Don Maracle of the Mohawks whereas acting on the basis of facile agnosing the problem and recounting of the Bay of Quinte, Steve Medd, a slogans devised by politicians, simply the history of democratic movements, geologist who lived in the area, Mike to win elections, may result only in but offers few specifics on how to Bossio, another local resident and demagogy and a catering to narrow develop the participatory network fierce dump opponent who is now a self-interest. Making the distinction being proposed. Fortunately, for an federal Liberal MP, Richard Lindgren, between these two kinds of populism idea of what that might involve, we an environmental lawyer, and Wilf therefore becomes the key to making can turn to another recent book, this Ruland, a hydrogeologist. The author informed electoral choices. M one on a Canadian community’s long makes it clear that in any such fight an 57 Books

REVIEWED BY LAURA HOCHBAN The vivisection of Roxane Gay

HUNGER: A MEMOIR OF (MY) BODY belonging, for understanding, and Unprepared and unequipped to tame ROXANNE GAY most importantly, for peace. the feelings inside her, Gay’s life and The overweight body is often rep- body spin wildly out of control. HarperCollins (June 2017), $31.99 resented as a spectacle for ridicule. Third, Gay analyzes her relation- Gay demands humanity from her ships to her body—its size, colour OXANE GAY HAS thick skin. The readers by writing her body into the and sexuality—on a wide spectrum acclaimed fiction writer and es- public sphere in her own language and between intimacy and distance. At sayist repeatedly bares herself to on her own terms. The language she times, she utterly dissociates from her public scrutiny and is not afraid chooses is rife with paradox, revealing body; at others, she claims a corporeal of criticism—of the profession- the contradictory nature of the spaces connection in which her body and her Ral or personal, frequently nasty kind. she occupies. identity are inseparable. Gay alludes to Now, after half a lifetime of interroga- First, Gay thematically frames her this paradox in her title’s punctuation, tion about her body of work and her body as either a fortress or a cage. drawing parentheses around (My) actual body (which doctors have la- In her youth, she retreats into her Body as if ownership of that body belled “morbidly obese”), Gay responds body out of self-preservation, using is less of a fact than a question or a to both in a probing and provocative food as a comfort and her flesh as a process in transition. self-examination. bulwark against the outside world. Fans of Gay’s writing will find much We have all rhetorically asked our- That fortress of her own making, of her frank, assertive and empower- selves, at some point or another, “Why however, also serves as a cage that ing prose in Hunger, but the most am I like this?” In the hauntingly titled limits everything from her ability to effective and affecting passages come Hunger: A Memoir of (My) Body, Gay connect with people to her ability to from the moments of uncertainty takes the question to visceral depths, travel. “The bigger you are,” she writes, and reticence. We are not necessarily cutting into her flesh and offering up “the smaller your world becomes.” accustomed to authors questioning the stories inside. By choosing her Second, Gay explores a dichotomy of or doubting themselves on the page, body as the site of her memoir, Gay chaos and control, repeatedly describ- but Gay takes honesty to a radical dissects the stories written in her skin ing her fat body as “unruly,” breaking level as she permits us to witness her and the gnawing, aching longings that the conventions of acceptable size. lying to herself and hesitating to share have characterized her years. From her doting parents, who want uncomfortable truths. Gay opens her memoir with a raw to see their daughter happy and Messages that could have become and brutal account of assault, suffered healthy, to a society that demands all preachy or indulgent are saved by at the hands of someone she trusted women be small and innocuous, Gay is Gay’s deft balance of blunt delivery while only a preteen. With this intro- burdened by impossible expectations. with confessional intimacy, garnering duction, Gay inextricably links her more compassion than pity. While childhood trauma with the relation- the memoir comprises a history of ship she would have with her body the burdens Gay has carried, it ends for decades to come. What follows with the many ways in which she has are explorations of the weights she personally grown. has carried, both literally and meta- Gay begins as a broken girl hiding phorically. From narratives of loved in her body from the outside world, ones, heartfelt and harrowing, to the but by the book’s end she presents minutiae of life in a “body of size,” Gay herself as a strong, capable woman recounts the history of her body as one who is ready to heal. The result is the of violence and of transformation. greatest paradox yet: Gay, who resisted Gay guides the reader on a journey vulnerability for so long, finds power from an adolescence fraught with and freedom while embracing it. No secrets and shame to a mid-life quest matter who they are or what sized for self-worth and healing. Accompa- body they live in, any reader will be nying the reader at every stage is Gay’s moved by Gay’s cathartic journey and desperate, insatiable hunger—for be left wanting more. M 58 REVIEWED BY MICHELLE WEINROTH A handbook for a just peace in the Middle East

TEN MYTHS ABOUT ISRAEL classic crowd-pleaser, Heveinu Shalom Nakba: the Zionist expulsion of nearly ILAN PAPPE Aleichem (“We have brought peace 800,000 Palestinians from their home unto you!”). The loud chorus of voic- turf. With these disclosures, Pappe Verso (May 2017), $20.95 es would keep everyone’s spirit high, undressed Israel’s showy claims to virtually entranced. At the time, we “bring peace unto others.” URING THE SUMMER months, our were unfazed by Tzena Tzena’s sexist In reading his latest book, Ten Myths holiday excursions were large- overtones and war-driven purpose. About Israel, I could not but conclude ly southward bound. Equipped The song was a mere pretext for that the country’s 70 years of state- with modest camping gear and conviviality and the smug satisfac- hood have been built on mendacity provisions, we would clamber tion that both young and old were and machination, on deceitful blan- Donto a 1940s-era Israeli army truck, crusading for “peace.” We were drunk dishments or, as Haaretz journalist eager for the bumpy trek ahead. with a lush sense of togetherness and Gideon Levy put it, decades of “lies.” Along with friends and neighbours, deaf to the irony of our chants. This said, Pappe’s book does more than we would travel to the Negev in what They say that hindsight is 20-20, lay bare Zionism’s double-tongued was effectively an oversized cab, its but not every retrospective replays rhetoric. Its aim is to unveil a whole roof clad in khaki canvas, its interior the past with the same acuity. Some system of defensive thinking, an built with long wooden benches that recollections are shaped by rude elaborate alibi writ large, erected on recalled its past “military service.” awakenings. fictions that have served to exonerate, En route, we would belt out a series My once Zionist parents settled in if not obscure, Israel’s ongoing process of road songs. Tzena, Tzena was a fa- a kibbutz in 1951 only to learn it was of ethnic cleansing—from 1948 to the vourite. Composed in 1941 to encourage not the utopia they had been led to present. military training, its loosely translated believe, but a land confiscated for Jews Ten Myths thus acts as a timely English version was popularized by only, rife with anti-Arab racism and counterpoint to several anniversa- Pete Seeger at a Greenwich Village expansionist practices. Their break ries this year that will have served nightclub in 1951. The song, performed with the kibbutz was traumatic. They as the pretext for Zionist fanfare and in both Hebrew and English, reached became the first of a generation of flag-waving: 1) the Balfour declaration the top of the charts, striking a chord anti-Zionists who saw the early signs of 1917; 2) the partition plan of 1947; 3) among Jews and non-Jews through- of an emerging ethnocracy replace any the 1947-48 war; and 4) the 1967 war, out the U.S. Decades later, the antiwar hope for a progressive new state. They with its ensuing military occupation. folk singer confessed he knew little woke up one day, shortly after the 1967 If Israel’s apologists have heralded of the song’s genesis, true meaning or war, embittered and disabused of their these moments as markers of triumph political thrust. juvenile dreams. and glory, Pappe treats them as wa- Ensconced in Tzena Tzena’s rol- I later inherited their disenchant- tersheds of Israel’s settler-colonialism, licking melody are simple but telling ment, and today I look back with a sinister project (co-ordinated with, lyrics that betray its Zionist fervour. dismay at my own blithe youth. and facilitated by, western colonial A militarized version of Song of Songs The Zionist culture and history that powers) that her leaders have con- 3:11—“O maidens of Zion, go forth enveloped me were riddled with hor- sistently denied through legalistic and gaze upon King Solomon”—the rific spectres of which I was woefully sophistry and biblical verse. verse exhorts the gals to come out and ignorant. Grounded in meticulous academic see the kibbutz soldier. Tzena, Tzena Israeli historian Ilan Pappe’s The research, Ten Myths is scarcely esoteric (literally, “Come out, come out!”) was Ethnic Cleansing of Palestine (2006) or aloof. At once educational and po- a glorification of the army man ish( reinforced but also deepened my dis- litically engaged, its tone is tempered tzava), deemed morally upright and covery of that dark past. His personal and free of polemic. For those keen robust, and touted as the Ur symbol journey out of Zionism, and into an to understand the foundations and of the newborn state. Here was a pre- uncompromising critique of the fallacies underpinning Israel’s public figuration of the ex-IDFer, “wondrous” Israeli state, culminated some years relations campaign, Pappe’s book will Gal Gadot. ago in scholarly work that unearthed prove particularly worthwhile. Com- This chipper song of military painful truths about the 1948 war pact, yet rich in historical detail, it both prowess would be sung alongside the and documented the atrocities of the analyzes and refutes 10 classic myths 59 that have served as the cornerstones elimination. Treat the Arabs as base of settlements in the West Bank and of Israel’s propagandist discourse and primitives then chase them out in violating Palestinian rights. The settler-colonial politics. “good faith.” Judaize the bride with 1993 Oslo Accord was ultimately a At first blush, Ten Myths recalls British and Canadian blessings, and “compromise agreed to by a defeated, Israeli historian Simha Flapan’s The ready her for conjugal bliss. Once colonized people,” an accord that was Birth of Israel: Myths and Realities known as Palestine, she will hence- neither fair nor equal. Israel called (1987). This early work deconstructed forward be called Israel. the shots, made impossible demands seven Zionist myths, among them the It takes a settler nation’s self- on the Palestinian leadership, setting familiar tale that Israel, under assault assigned superiority to consummate a trap that ensnared and imperiled by her formidable Arab neighbours, such a marriage and call it a “miracle.” the very existence of Palestinians was the beleaguered and good-willed Biblical connections also play their henceforward. nation, miraculously rising from part. The proverbial idioms of Jewish In his 2015 book, War Against the victimhood to victory like a slight exceptionalism (i.e., God’s chosen peo- People: Israel, the Palestinians and David defying Goliath. This and other ple, a People without a land, victims Global Pacification, Jeff Halper asks narratives were ritually invoked over of anti-Semitism, etc.) enabled the the question: How does Israel get the years to justify Israel’s recurring first settler Zionists to assert their away with it? His answer focuses on military operations and occupation of ownership of Palestine even before Israel’s pivotal role within the global Palestine. conquering it. military-industrial complex and her Thirty years have elapsed since Fla- That Palestine was a promised land heavily subsidized arsenal. No su- pan first challenged these rhetorical for a Jewish people without a land was perpower dares cross her. Ten Myths tropes. If Pappe’s 2017 book bears trac- an idea zealously promoted by the offers a complementary perspective es of its forerunner, it also represents 19th century British politician and focused on ideology. It identifies and an advance and a significant paradigm reformer Lord Shaftesbury. A leading unpacks Zionist claims that until HELP US SHED LIGHT ON THE shift in Israeli historiography—one he Anglican evangelist, Shaftesbury very recently formed an unbreakable already announced in 2006. “campaigned actively for a Jewish consensus—that Israel’s so-called The Israel-Palestine question, he homeland in Palestine,” writes Pappe. existential threat was justification for ISSUES THAT MATTER TO YOU. argues, is not a conflict between two Ironically, his Protestant messianism her brutal military operations (in 1948, equal rivals, battling over Palestinian served a secular Zionist enterprise just 1956, 1967, 2002, 2008, 2012, 2014, among land, but a settler-colonial project, as tendentious readings of the bible by others) and persistent occupation of (we’ve got some bright ideas) conceived by Zionists in the late 19th Zionist leaders were later deployed as Palestinians. and early 20th centuries, fuelled by the “rationale” for Israel’s colonizing This Zionist assertion, together war and governed by an expansionist incursions, including her unbridled with the fallacy that Israel is the only agenda: i.e., to achieve and sustain building of settlements at the expense democracy in the Middle East, sits at Israel’s Jewish majority through the of the indigenous population. the center of a colossal monument of MAKE A DONATION Tax receipts are issued for contributions of $15 or more. “transfer,” occupation and incarcera- From this tangled web, Pappe extri- myths. Some might call it a security tion of Palestinians. There is no parity cates a much-neglected strand. During wall of defensive thought, sustained I would like to make a monthly contribution of: I would like to make a one-time donation of: here, only domination. the pre-Zionist period, “the connection over 70 years, and entrenched in all OR Ten Myths launches with the moth- between Jewish communities in the corners of the world. Pappe’s new $25 $15 $10 Other ____ $300 $100 $75 Other ____ er of all Zionist myths: “Palestine was world and Palestine was religious and book offers us indispensable tools an empty land.” The idea is born of a spiritual, not political.” Judaism, then, with which to dismantle such a mental PAYMENT TYPE: colonial mindset that not only blots is not to be conflated with current-day barricade, tools with which to free up I would like to receive my out the humanity of the indigenous Zionism. Many Jews a century ago, space for radically rethinking Israel’s I’ve enclosed a cheque (made payable to CCPA, or void cheque for monthly donation) subscription to The Monitor: people already living there, but pre- both religious and secular, opposed past, present and future fate. VISA MASTERCARD figures their eventual elimination. the settler project conceived by The- Ten Myths is a handbook for all I’d like to make my contribution by: By e-mail Palestine, as Pappe points out, was odor Herzl in the 19th century and led those who strive for social justice. If Mailed to my address brimming with life before 1948; it was by David Ben-Gurion in the mid-20th. read seriously, the book will disabuse CREDIT CARD NUMBER: a site of economic activity, maritime Ben-Gurion was a secular Jew, and like Liberal Zionists of their hopes in the No Monitor, thanks commerce and civilized culture. others of his ilk he exploited the bible two-states solution and embolden EXPIRY DATE: SIGNATURE: Deceived by their leaders, Zionist to justify expulsion for expansionist those still sitting on the fence to youth from the diaspora left for the ends. Jewish religion or Judaism is not speak truth to power. For only when promised land only to find a substan- the issue here, but the instrumental the myths of Israel’s statehood are CONTACT INFORMATION tial Arab population on the turf they use of it for political gain certainly is. fully torn down might we entertain thought was virgin. 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