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Home , Abdullah Khadr, Adriane Carr, Alison Redford, Art Eggleton, Betty Unger, Bilingualism in Ottawa

ALTERNATIVE NORTH AMERICAS What and the Can Learn from Each Other

David T. Jones ALTERNATIVE NORTH AMERICAS

Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, D.C. 20004

Copyright © 2014 by David T. Jones All reserved. No part of this book may be reproduced, scanned, or distributed in any printed or electronic form without permission. Please do not participate in or encourage piracy of copyrighted materials in violation of author’s rights. Published online.

ISBN: 978-1-938027-36-9 DEDICATION

Once more for Teresa

The be and end of it all

A Journey of Ten Thousand Years Begins with a Single Day

(Forever Tandem) TABLE OF CONTENTS

Introduction ...... 1

Chapter 1 Borders—Open Borders and Closing Threats ...... 12

Chapter 2 Unsettled Boundaries—That Not Yet Settled Border ...... 24

Chapter 3 Arctic Sovereignty—Arctic Antics ...... 45

Chapter 4 Immigrants and ...... 54

Chapter 5 Crime and (Lack of) Punishment ...... 78

Chapter 6 Human Rights and Wrongs ...... 102

Chapter 7 Language and Discord ...... 116

Chapter 8 The Canadian Military and Defense of ...... 137

Chapter 9 Alternative Scenarios for the Canadian Forces ...... 161

Chapter 10 as the Never Ending Problem ...... 179

Chapter 11 Regarding the West: The Best of Times and Its Discontents ...... 214

Chapter 12 The Economics of Inequality ...... 252

Chapter 13 Shibboleths ...... 265

Conclusion ...... 272

Annex: Presidents and Prime Ministers: Candid Views ...... 288

Notes and Bibliography ...... 294

About the Author ...... 318

Index ...... 319 ABBREVIATIONS

ABM Anti-Ballistic Missiles HRC Human Rights Commission

ADQ Action Démocratique du Québec HRR Human Rights Report

AI ICBM inter-continental ballistic missile

ANWR Arctic National Wildlife Refuge ICJ International Court of Justice

BC IJC International Joint Commission

BDC Business Development Bank of IMET Integrated Market Enforcement Unit Canada IRB Immigration and Board BQ Bloc Québécois IRB-IAD Immigration and Refugee Board, BSE bovine spongiform encephalopathy Immigration Appeal Division

CAF IRB-ID Immigration and Refugee Board, Immigration Protection Division CAQ Coalition Avenir Quebec (Coalition for the Future of Quebec) IRB-RPD Immigration and Refugee Board, Refugee Protection Division CBC Canadian Broadcasting Corporation JDF Juan de Fuca CBSA Canada Border Services Agency MD Missile Defense CDS Chief of the Defence Staff of the Canadian Forces MLA Member of the Legislative Assembly

CF Canadian Forces MNA Members of the National Assembly of Quebec CFE Conventional Forces in Europe MSI Machias Seal Island CSIS Canadian Security Intelligence Service NAFTA North American Agreement CWS Canadian Wildlife Service NATO North Atlantic Treaty Organization DART Disaster Assistance Response Team NDP DND Department of National Defence NEP Natural Energy Program EEZ exclusive economic zone NGO non-governmental organization EU NORAD North American Aerospace Defense Command FOIA of Information Act NRMA National Resources Mobilization Act FTA Free Trade Agreement NWP Northwest Passage GDP gross domestic product OLF Office de la Langue Française Gitmo Guantánamo Bay OPEC Organization of the Petroleum GNP gross national product Exporting Countries

GOC PC Progressive Conservative Party

GST goods and services PET Pierre Elliott Trudeau HST PIF personal information form

PJBD Permanent Joint Board on Defense

POW prisoner of war

PPCLI Princess Patricia’s Canadian Light Infantry

PQ Parti Québécois

PST provincial sales tax

PTSD post-traumatic stress disorder

R & D research and development

RCMP Royal Canadian Mounted Police

RFID radio frequency identification

ROC Rest of Canada

ROK Republic of Korea

SEC Securities and Exchange Commission

TRC Truth-and-Reconciliation Commission

USAF U.S. Air Force

USFWS U.S. Fish and Wildlife Service

USSR Union of Soviet Socialist Republics

WHTI Western Hemisphere Travel Initiative

WIPD World Intellectual Property Organization

WTO INTRODUCTION

here is an aphorism to the effect that Nevertheless, as the aphorism recounts, Tno one man is entirely useless. One “What goes around comes around,” and we can always serve as a terrible example to can expect a turning of the wheel, later if not others. The same judgment can be applied to sooner, in regard to economics. Or not. The countries and societies. Canadian socio-economic example may be a significant part of the future for the United That said, one can be confident that the States as well. United States and Canada often serve as such examples for one another. Thus, to be Nevertheless, a truth-in-telling confession. sure, Alternative North Americas may be seen This book originally was inspired by Pierre as sardonic commentary rather than a search Berton, a once-iconic Canadian nationalist for wisdom; however, there are times when and historian whose spite and ire was one doesn’t know what one wants until there frequently directed against Americans. In this is an example against which desires can be regard, Berton’s Why We Act Like evaluated. That certainly appears to be the (1982) is a slim little volume, long out of print case for Canada—and for the United States. and perhaps the slightest of Berton’s massive body of work. Certainly with the relative success of the “Canadian model” in economics from But first some personal background. the Great Recession through mid-2013, Canadians have evinced more than a bit of When initially assigned as political minister smug self-satisfaction when regarding the counselor at the U.S. Embassy political and economic flailing and failings in 1992, having no previous diplomatic south of the 49th parallel. Americans, to experience in Canada, I turned to available the degree that we believed we had all the literature. While there is no substitute for answers regarding economics—and others “on the ground” experience and direct should take heed of our success—have a contact with the citizens and officials of a hearty meal of crow that we are still in the country, such is always very individual and process of consuming and far from digesting. particularistic. Good reading from well-

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recommended sources, official and private, U.S. audience of any significant dimension, provides background material against which hypothesizing that even in 1982, what you can test the specific information that you happened in Canada, stayed in Canada. gain subsequently. Sometimes it is highly Nevertheless, even if the most memorable useful to assess the generalizations of others nastiness is often the trivial one, Why We Are while you are still in the process of gathering Canadians remains an epitome of the attitudes particulars. expressed by many current Canadians, once the surface veneer of politesse is scratched. And, I admit that I selected Berton’s volume partly because it was slim rather than plunging We are seeing reflections of such commentary into a text such as Jackson, Jackson, and again from chattering class Canadians Moore’s Politics in Canada, which at 778 and their media mouthpieces, notably in pages is a volume that I have yet to navigate connection with the Washington kabuki (nor have I found anyone who has). Berton’s theater effort to raise the debt ceiling, the essay was a memorable read, one that “sequester” debacle in 2013, and the ongoing left a bitter aftertaste and lasting sense of congressional deadlocks. Although there were irritation over an exercise that I recalled certainly Canadians who appreciated the subsequently as a snide put-down of the reality that catastrophe for the United States United States. Fifteen years later, I returned would thoroughly damage Canada, many to the Berton work and found it even worse seemed exultant over our problems, dancing than my memory had served. From the on the grave of the United States before Uncle patronizing “Sam” with which he addresses Sam was interred. There is, one will admit, his messages to a hypothetical audience “No joy like the malicious joy one feels at the in the United States to the condescending misfortunes of those you have envied.” of his description of differences, it is a minor masterpiece of malice. He leaves the And with that thought in mind, the following impression that the United States is a blind material will examine with a gimlet eye a pig that occasionally finds an acorn, but at relationship that is much taken for granted no benefit to anyone, anywhere—and only from the U.S. optic—and much taken as a after much destructive rooting about. And benign “given” from the Canadian perspective. that Canadian superiority in all dimensions is The classic lecture and briefing comes in three so all encompassing that it scarcely requires parts: elucidation. • tell ’em what you’re gonna tell ’em; To be sure, it is perhaps too easy to incinerate a 30-year-old moldy , • tell ’em; and with which Berton may have intended more to make Canadians feel good about being • tell ’em what you told ’em. Canadians after the trauma of the first The following is the “tell ’em what you’re Quebec referendum than to instruct American gonna tell ’em” part. citizens on their liabilities and shortcomings when compared to Canadians. Indeed, one Thus the first element of the process is to might wonder whether Berton anticipated a pose a hypothetical question.

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Uncle Sam, what do you really think about defend himself in his bedroom with a carved Canada? statue—and the iconic national police have a contract with Disney, perhaps some levels of That is a question that all Canadians should confusion positing ignorance versus truth are be asking themselves. Somewhat separately, understandable. it also is a question that all U.S. citizens should be considering regarding their Canadians can drift comfortably along under neighbors, given that we so rarely think the “one way mirror” concept wherein the systematically about Canada. belief prevails that they see Americans as they really are while Americans looking north Canadians seem to want to define themselves see only a reflection of themselves. Or that in curious ways. There are those who say there is a comfortable benign neglect attitude that a Canadian is one who can make love toward Canada inherent in Washington’s in a canoe—as if that is particularly difficult. attitude toward Ottawa reflecting generations But anyone who has ever canoed, knows of continental , ever rising economic that when lying flat on the bottom, it is exchange and trade, mutual defense almost impossible to overturn—regardless security commitments in the NATO context, of how vigorously energetic the movement. and generations of uncounted personal Unless a Canadian believes that sex in the and familial connections and interactions canoe should be performed while seated occurring on a daily basis. In this universe, on the thwarts or standing vertically— Canadians can say anything about their which generates results equivalent to those southern neighbors (following the aphorism attributed to “Group of Seven” painter Tom by John Bartlet Brebner: “Americans are Thompson who reportedly fell from his canoe benignly ignorant of Canada. Canadians are and drowned while attempting to urinate malevolently well informed about the United over its side. Probably as dumb an idea as States”.) and it won’t matter because U.S. sex in the snow—another reportedly defining citizens pay them no attention. Canadian practice. And, to be sure, U.S. citizens are infinitely There is a residual belief throughout Canada more concerned with personal, local, and that nobody in the United States pays any domestic issues than with foreign affairs. For attention to Canadians. They believe that the that matter, what the citizen of Portsmouth, school of thought prevails, to New Hampshire, knows about Orange the effect that you can convince Americans County, , is likely to be as detailed that seal hunting in landlocked as what the resident of Orlando, Florida, is a normal exercise, the national bird is the knows about the inhabitants of , black fly, “Eskimos” set their elderly adrift on Washington. Many elements of culture have icebergs, and that igloos are low-cost housing become national, indeed international, through in the suburbs. Or that a presidential television, movies, and the , but candidate would accept a congratulatory shared images of South Park, Jersey Shore, message from “Prime Minister .” On Dancing with the Stars, and the CSI franchises the other hand, when there is an “ice hotel” or even NHL matches don’t tell one much in , a prime minister physically about societal basics. One might hypothesize attacks a demonstrator—and separately must

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that both countries’ citizens would be hard- 1990s, President George H.W. Bush was pressed to fill the 140-character limit viewed as more popular than Prime Minister with facts regarding the other. Mulroney. On the other hand, that was not much of an accomplishment since, at On both sides of the border, professional criers that juncture, Mulroney commented that of despair issue test results on our early July more people thought that Elvis Presley national days to demonstrate that citizens still lived than were supporting him. Then don’t know much about anything historical. it was fascinating, for example, to see a This makes for much snide snickering among Maclean’s poll in spring 2004 in which those who lament for a living or have a vested Canadians overwhelmingly voted against interest in selling history books or test polls to President George W. Bush and endorsed demonstrate popular ignorance. But it does not the anticipated Democratic nominee Senator necessarily predict whether ignorance of history John Kerry. Somehow, Senator Kerry never makes a citizen less patriotic or less committed trumpeted that particular endorsement in to the basic democratic defining values, e.g., his campaign nor did he suggest that Prime , free elections, and multicultural Minister Chrétien was one of the unidentified tolerance, that make the society function. foreign leaders who wanted regime change in Washington. One consequence of Canadian sensitivity and insecurity is that Canadians make In the 2002 U.S. election, a number of criticism an art form. They might be regarded Liberal federal parliamentarians, including as the equivalent of 34 million hotel guests Sarkis Assadourian and , called berating the quality of the service—and the upon the United States to elect more neighborhood. Although the United States Democrats. Presumably, they did not mean could not care less about how Canadians more Democrats such as Montana Senator belabor each other and, indeed, it can almost Max Baucus, who has pressed U.S. wheat be humorous to watch Quebec federalists and and cattle interests in seeking restriction of separatists push each other’s outrage buttons, Canadian exports. Nevertheless, the sheer it is less amusing to listen to the drumfire of chutzpah reflected in the call and its blatant cross-border criticism. On the other hand, we interference in U.S. domestic affairs has its enrage Canadians even further by systematically own picture-perfect memory. It is hard to ignoring all but the most over-the-top imagine Canadians daring to comparably fulminations. And nobody south of the border interfere in Mexican, French, British—or cares about puffed up tirades such as the indeed any other country’s election. It is even once-upon-a-time Molson “rant” or the annual more amusing to imagine the eye popping magazine cover story over how Canadians are outrage from the CBC or the if a better (off) than American citizens. If that strokes group of conservative Republicans had called your canoe, paddle away. for stronger representation of Conservatives in Parliament. Somehow one suspects that Indeed, Canadians are so persistently Mr. Assadourian would not have engaged with what happens south of the and others considered that what was sauce for the goose border that occasionally they seem to think was also sauce for the gander. that they are voting in our elections or represented in our Congress. In the early

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More recent illustration of cross-border import Canadian cattle following outbreaks of criticism came during the U.S.-led coalition “mad cow” disease. action in . Here, to summarize what will be developed in more detail subsequently, Given this background, perhaps it is Canadian criticism of the United States and unremarkable that Canadians in mid-2008 expressed loathing of President Bush at a its leadership was personalized in nature. Prime Minister Chrétien’s press level equivalent to what might be expected spokesperson, Francine Ducros, called if the U.S. armed forces had laid waste to President Bush a “moron.” Ultimately she Canada with fire and sword. Their distress resigned, but her comments demonstrated appeared worse than during the national that members of the prime minister’s office disgrace associated with Canada’s repeated were not speaking positively of the president. defeats in NFL hockey to U.S. teams prior to Subsequently, backbench Liberal MP Carolyn the final victory in the gold medal match at Parrish described Americans as “bastards” the 2010 Vancouver Winter Olympics. Some and said that she “hated” them. As she was polls suggested that Canadians believed the neither criticized nor disciplined by Liberal United States was a greater threat to global leadership, Americans could only conclude peace than Iran and not much less of a threat that her comments reflected acceptable than North Korea. During the 2008 U.S. parliamentary commentary. There were other presidential race, the Canadian preference highly personalized attacks on U.S. activity by might best be described as “any Democrat” Liberal MPs, including then-natural resources with portions of the Canadian electorate minister , who branded the professing either Obama envy or Clinton president as a “failed statesman.” In contrast mania (during the primary campaigns)— when U.S. Ambassador said despite the reality that Senator McCain was that the United States was “disappointed” closer in tune to Canadian economic interests with Canadian inaction on Iraq, two senior à la NAFTA free trade and had a daughter Cabinet ministers demanded in caucus that living in Toronto, while Senator Obama he should be expelled. The intimation being thought Canada had a president and elected that Ambassador Cellucci should say no more its senators. Character and charisma in than sweet nothings about the Canadian collision. government and that “diplomat” was Subsequently, President Obama has had henceforth to be spelled “d-o-o-r-m-a-t.” a Canadian fawn club that presumably will And former Frank ultimately yield him even higher speaking McKenna, in his happily short-lived tenure fees from the Toronto chattering class than as Canadian ambassador in Washington, former President Clinton has garnered. When carried his own -shop wreckage with immediately after his inauguration, President him. He suggested that dealing with the Obama made a flying visit to Ottawa, Prime U.S. Congress was akin to working with 535 Minister Harper was depicted as benefiting Carolyn Parrishes, declared that the United from the reflection of his glory. And after the States was a theocratic state, and suggested president consumed a “beavertail” in the Canada didn’t support continental missile Byward Market and purchased some trinkets defense because the United States would not and beads-type souvenirs for his daughters,

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he became a secular saint in Canadian The Undefended Border and culture. And this popularity has endured Territorial Claims through mid-2013, to the extent that the president is more popular in Canada than We have been societally fortunate to in the United States, even without making have had the 3,500 mile “undefended an official visit cum address to Parliament cliché” as a defining feature of our bilateral (supposedly one of the talismans for obtaining relationship. It has permitted both countries a second term). The absence of this standard to assume that the “good make stroking has gone by the boards without good neighbors” aphorism can be treated Canadian complaint. more as an abstraction than a concrete requirement of barbed wire, steel-slab walls, Using golfer terminology, a Canadian diplomat and other manifestations of national territorial once said that, “We will never give up our right separation. to yell ‘wait a minute’ when you are at the top of your backswing.” Very well, that is a fair The historical reality, however, has been characterization of Canadian attitudes. But fraying at the edges for years—and particularly likewise if Canadians insist on getting in the since 9/11. Canadian hubris has blown past way of the play, they must also expect to be the reality that while the 9/11 terrorists neither occasionally whacked by a nine iron—and not originated in nor transited Canada, they to complain that it is the golfer’s fault. certainly could have done so and doubtless could still do so. And the “Toronto 18” may be Thus Canadians are likely to believe that a gang that couldn’t find its way from Toronto they know what Americans are thinking and to Ottawa, but might have found targets believing—both about themselves and about south of the border attractive. Likewise, Canada. And, for that standard, medium- the prospective bombers of the Toronto-to- income, middle-America dweller, they may train. U.S. efforts to enhance well be correct. Moreover, with a conservative security have run headlong into a Canadian government in power and projected as sense of privilege: the belief that they have such until late 2015, the gratuitous manure the right with little more than a wave of the throwing from the government will likely be hand to enter the United States. The effort minimal. spent fighting the problem and seeking mechanisms to delay security upgrades rather But the vague, benign impression from your than embracing a commitment to solutions— imaginary average American may well be even if perceived as overly expensive and irrelevant. There is a legion of analysts with personally intrusive—has left the impression sufficient expertise on Canada to be malignly that Canadians are part of the problem than of disenchanted rather than benignly amused. the solution. And these critics address a variety of topics that are open for review, regardless of the The renewed effort to create “perimeter current fibrillations over debt ceilings, bond security” in the “beyond the borders” ratings, and budget deficits. agreement is well intentioned. It has official impetus behind it at the highest levels, but is encountering “devil is in the details” realities and much of the agreement remains

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conceptual, to be implemented downstream. Immigration At least a conservative with a four-year mandate will be technically Both the United States and Canada are capable of making hard(er) decisions when immigrant-based societies. the bugaboos of “privacy” and presumed violations of “sovereignty” shove into the path We want to tap the world’s best and brightest of reasonable mutual accommodation. and strengthen our societies with such individuals. The issue is not the object but On another level, we have a handful of border the process; not the “what” but the “how.” territorial problems. These are not of Alsace- Unfortunately, the degree to which Canada Lorraine dimensions, and some are closer to operates a refugee and asylum seeker “rounding errors” than disputes. They have process is institutionally, almost deliberately, been left to molder for decades essentially designed to be “catch and release” in regard due to the judgment that it would take too to illegal immigrants it and places U.S. much in the way of U.S. and Canadian legal security interests at risk. Believing themselves resources to snip off these loose ends. But to be immune from terrorist attack, Ottawa now, the Beaufort Sea dividing lines may is willing to be a source of contagion for the have serious consequences for oil and gas United States. reserves, and the costs of indifference are coming due for closer examination as a The fact that Canada is a patsy for illegal potential “cold rush” begins. There are several immigrants and pseudo “refugees” makes approaches to these issues, but leaving them it an issue for the Canadian taxpayers who totally off the stove should be eliminated as an subsidize a social safety hammock. But option. when Canada is merely a way-station for those headed to the United States, Canadian Likewise, Arctic sovereignty and the indifference becomes an American problem. Northwest Passage (NWP) have been “agree The ostensible current efforts to strengthen to disagree” problems for 50 years. However, the Canadian immigration system, with more “global warming”—or the perception of rapid deportation and tougher restrictions on such—is forcing an issue that the United illegals, sound promising in their hypotheses States politely didn’t force to conclusion. but face so many legal obstacles that Now, we need to come to terms bilaterally on implementation is likely more in the posturing a topic that can no longer be evaded—one than in the offing. Years of legal struggle are which Canadian nationalistic chest-thumping likely. has exacerbated. To be sure, the results on all of these border and sovereignty problems Social Issues: Crime, Human Rights, may not be to Canadian preference; however, Language Ottawa can live with the consequences just as states throughout history have managed In each of these areas, Canada believes adverse legal decisions. At least the decisions that it leads the world in the humane, liberal will be made in courts of law and not on application of noble principles to practical battlefields. realities. In each of these areas, however, the United States responds with head- shaking skepticism. Canada is, to be sure, an

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example—but it is a bad example, and one to The result is irritation by the many other be avoided. If the United States is regarded linguistic groups, opportunity costs for those as overly harsh in its application of justice to not born in bilingual households but implicitly criminals, Canada is seen as the epitome of forced to learn the language of “the other” to a society that can barely defend its innocents enjoy a serious federal government career, against predators of every design. and de facto exclusion from federal politics of anyone without serviceable facility in each A variety of chatterers proclaim that the language. The institution of “tongue troopers” world needs more Canada. Definitely the investigating whether private businesses in world could absorb and endure more large, Ottawa are according services in both official resource-rich, small-population countries languages is adding insult to insult. While with no threatening neighbor(u)rs. Canada skill in multiple languages is life-enhancing, it has been born on third base and believes should be a personal choice rather than an that it has hit a triple. And, based on its implicit societal requirement. geographic and historical good fortune, Canada has been able to benefit from such The Canadian Forces: A Military at a circumstances to develop a society and polity Crossroads that accrues plaudits on many measures of human rights—certainly in comparison to For a decade, commentary on the Canadian some of the alternatives. But there are more Armed Forces (CAF)1 had passed “viewing than a few areas of challenge, notably on free with alarm” and was more equivalent to speech, where the extralegal human rights writing an obituary. For the U.S. military, the commissions and tribunals permit “injustice bilateral relationship had become “moving on” collectors” to bring specious charges of (albeit with regret) and leaving the Canadian , resulting in heavy fines and couch potato twitching about the prospect of restrictions as well as crushing legal costs actually arising. And then much changed— that must be borne by the defendants. Their or did it? The Conservative Party defense suppression of free speech will have a chilling budget increases and ostensible commitment effect on vigorous public discourse. Despite to equipment purchases looked good on a variety of efforts to mitigate and even paper and excited observers with some initial eliminate these abuses, Canadians should equipment implementation, but may prove to take a hard second look at their tendency to be more a galvanic twitch of a corpse than a self-congratulate and cease enduring silly self- societal commitment to national security. inflicted abuses. Washington has offered encouraging “atta- Moreover, Canada’s generation-long pursuit boys” for Canadian military participation in of equity at the national level between English NATO and UN-mandated operations such as and French continues to generate anger , and appreciates that the 10- among Anglophones and indifference by year experience (combat commitment ending francophones—who remain more concerned in July 2011) created a rare commodity: over restricting English use in Quebec than trained, equipped, combat-experienced, speaking French in the Rest of Canada (ROC). light infantry battalions. Nevertheless, from the minute Canada entered Afghanistan, it

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sought any exit that it could use with “hono(u) ducks are in line that insufficient attention is r,” and it commitment to train Afghan police given to the technical problem at hand. The and security forces was a halfway house to May 2011 election defers rather than defuses departure. The “now” question is how Canada the issue. will use its combat infantry battalions since they cannot be freeze-dried, shrink-wrapped, The West and stored for the next UN-endorsed, Over the past decade, Canadians have come popularly approved crisis. And the Great to hope that they have resolved their national Recession again puts projected defense problem with the continued quiescence spending on the chopping block. Anticipated of Quebec and the 2011 federal election that budget cuts look more like maniacal machete effectively annihilated the Bloc Québécois. wounds than surgical scalpel incisions. They fail to appreciate the degree to which Consequently, there are real questions as they have taken Western commitment to to whether any significant Canadian Armed Canada as a “given” rather than a problem Forces will exist a generation hence—particularly that deserves the level of attention given when opposition parties are profoundly skeptical Quebec. The problem is the obvious one of about maintaining substantial military capability. enormous wealth enjoyed by a small minority Having already out-sourced its defense to the (). There is a level of envy that under United States, Ottawa still feels free to kvetch the guise of virtue (the 2008 Liberal campaign about how its defense is managed. platform caricatured as a “Green Shaft” or its anticipated successors) will persuade Separatism: Quebec and the West eastern Canadians to happily exploit the West, believing they have no recourse under Canadians have two threats to their national the than to acquiesce. unity: the over-respected Quebeckers and Eastern Canadian criticism of Alberta’s “dirty the under-respected Westerners. Canada’s oil”—that fuels the Canadian economy—has a approach prompts the question of whether a cut-off-nose-to-spite-face element that would velvet divorce would profit all parties. be amusing were it not so dangerous for national unity. Quebec

The Canadian effort to operate a “bi” state: Shibboleths bilingual, binational, bicultural has been There are a variety of topics on which an exhausting rather than an exhilarating Canadians take idiosyncratic positions from process. Canada is not “the United States water sales to election costs that baffle an with a French accent.” Rather Canada is the outside observer. To be sure, every society equivalent of the bicycling bear where one has them—but the puzzlement persists. marvels less that the bear is upright than asking whether the SPCA should be consulted Why Belabor These Points? to prevent cruelty to bears. For Canada every political, social, cultural, economic, and Canadians are upset and incensed when foreign affairs problem becomes a national characterized as “Canuckistan” or viewed unity problem. So much energy and emotion as less than the epitome of virtue. “How is devoted to assuring that the national unity dare they!” is the essential response, with all

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of the illustrations of Northern Disrespect, probably even for the Canadian left? historical as well as topical, vanishing down the Canadian equivalent of Orwell’s memory But to illustrate from the other side of the hole. Americans are not injustice collectors— border, here is a comparable “through a lens at least the 95 percent of the population that darkly” snapshot of Canada: pays no attention to Canada. Ca-nada, situated in the far northern All too often, however, the attentive U.S. section of North America, is a country rich observer of Canadian attitudes sees an in natural resources that has made little of image of the United States that is 99 percent its opportunities. Originally inhabited by warts (while pretending balance). The peaceful native tribes, European settlers result is a caricature or a cartoon, but not systematically exterminated them (the a viable image, regardless of the numbers Beothuks of ), stole their lands of Canadians who believe it so. For these either directly or through manifestly unfair Canadians, the United States is a malicious “treaties”, and continue to refuse restitution. Goliath, monster-mashing through the world’s Individually, French traders prostituted native tulips and assuming particular stomping rights women with trinkets and beads; subsequently, in Canadian flower gardens. We view foreign Canadians kidnapped, brainwashed, and affairs as nails fit only for military hammers— frequently abused Native American children and international organizations as fit only for in “residential schools” designed to destroy wimps and cowards. Our leaders are cowboys their traditional cultures and language while or idiots—or idiotic cowboys with a fraternity inflicting them with Christianity. boy view of life. And President Obama may Ca-nada’s relations with its southern neighbor have the right instincts, but has fallen in with are as poor as the Ca-nadian government bad friends. (particularly when headed by liberals of Our economy operates without prudence; whatever stripe) can manage without we have overspent by deficit trillions, under- prompting direct politico-economic retaliation. saved and thus accentuated recession, and These strained relations have a long historical under-taxed our citizens (and have cheaper basis as Ca-nadians fought to preserve gasoline). We rapaciously exploit Canadian English oppression over the southern colonies resources causing global warming by hosing during their fight for freedom by unleashing up Alberta’s oil, clear-cutting BC timber, and Indian tribes against defenseless frontier preparing to send Canadian water south. farmers—an approach they repeated in 1812 Our society ricochets between license and when they also assisted in burning the U.S. prudery; it pours out movies, TV, and music capital of Washington. During the U.S. civil that debase the word “culture.” Crime is war, Ca-nada harbored Confederate rebels rampant with citizens slaughtering each other who raided and destroyed U.S. border towns. on the streets with all kinds of weapons. The Ca-nadian participation in the great security are the family next door and the Sopranos challenges of the twentieth century has at live across the street. White Beverly Hillbillies best been ambivalent. The French speaking males reign supreme with women barefoot population saw little reason to resist German and pregnant, and minorities of all nature or Nazi/Fascist World War II (unless they play sports at superstar levels) consigned to ghettoes. A bit over the top—

10 ALTERNATIVE NORTH AMERICAS Introduction

aggression. The prime minister during World and further degrade wild fish with “fish farms”); War II, when he wasn’t consulting with his slaughtered fur-bearing animals by the dead mother in séances, left the military millions to satisfy European fashion cravings; burden to English speakers. The major substantially deforested major areas of the political figure of the 1970s and1980s, Prime country; and currently are in the process of Minister , blithely avoided massively polluting Alberta’s environment World War II military service. During the U.S. by extracting oil from tar sands. They have effort to prevent the communist conquest emphasized waste rather than conservation. of South Vietnam, Laos, and Cambodia, Air, lakes, and rivers are often polluted. British Ca-nada offered sanctuary to U.S. criminal Columbia’s capital city, Victoria, flushes its raw draft dodgers—perhaps believing them to be sewerage into the ocean—and brags about it. modern Pierre Trudeaus. Since World War II, The country so heavily its citizens that Ca-nada has left continental defense to the many of its most entrepreneurial and creative United States, making no significant military depart. contribution, but obdurately obstructing efforts by the United States to defend itself, In human rights terms, Ca-nadians repress e.g., continental ballistic missile defense. in kangaroo courts (otherwise known in Orwellian terms as Ca-nadians are indifferent to border security. “human rights tribunals”) and permit French Only an alert U.S. border guard prevented a speakers in Quebec to limit the province’s south-bound terrorist (Ahmed Ressam) from English speakers’ rights to publish in their bombing Los Angeles International Airport own language. Conversely mass murderers to celebrate the “millennium” in 2000. They receive trivial sentences. They prohibit medical were dilatory in prohibiting terrorist groups, doctors from private practice and—by e.g., the Tamil Tigers, since the Tamil ethnic rationing medical services—force extended group was a primary supporter of a political delays in key medical services (some of party. Their concern for Islamic which they deny to the elderly with fatal focuses more on protecting privacy than in consequences). rooting out terrorists. In the post-9/11 world, Unfair? A selective use of facts that Ca-nadians are concerned with their ease of travel—endlessly quibbling over improved deliberately avoids the truth almost as controls or enhanced documents to delay much as a non-question? their implementation. Their response to the Absolutely; it is commentary meant to Christmas 2009 “underwear bomber” was fear provoke, but perhaps—even with steam rising that their private parts would be revealed by from the brow of the Canadian reader who proposed specialized imagery rather than that may well have thrown this book across the pentaerythritol tetra-nitrate (PETN) explosives room—there may be a mild albeit reluctant would be identified. appreciation that Canadian descriptive images of the United States are frequently distorted to Economically, Ca-nadians have prospered a comparable extent. primarily by rapacious treatment of their environment. They have destroyed once massive fish stocks (and now pollute waters

11 ALTERNATIVE NORTH AMERICAS 1 OPEN BORDERS AND CLOSING THREATS

Where do we draw the line on the adage Certainly, from time immemorial until 9/11, the that “good fences make good neighbors?” reality of the North American continent was the virtually free movement of populations— animal and human. Well before there was significant human presence, the “fauna” his question embodies the essence drifted (and for that matter the “flora” as well, of current continuing tensions along T albeit more slowly) with no special regard for the Canadian-U.S. borders. The traditional anything beyond the availability of grass and “longest undefended cliché” is quickly water, favorable climate, and fewer predators. becoming a twentieth-century artifact Much of North America was a sea of grass with levels of security and proposals for “where the deer and the antelope roam,” and much, much more than would have been a herd of buffalo could take much of a day to conceivable little more than a decade ago, pass a given landmark. i.e., pre-September 11, 2001. Admittedly, this circumstance would barely be recognized as Nor did anything beyond the nomadic a constraint, let alone a problem, throughout pursuit of wildlife impinge on the travels of much of the world in historical or even current most Native Americans: they came; they terms where crossing a national border is a camped, gathered, hunted, feasted; and serious personal and political decision event. they moved again for the next season or (Try getting a visa to Russia or China; weeks hunting opportunity. The Head-Smashed- of waiting are the norm.) Nevertheless, due In Buffalo Jump site in Alberta epitomizes to the unique U.S.-Canadian relationship, its such a style of life. While specific tribes were recent evolution needs examination. more or less found in general locations, geographic constraints were minimal. And, so far as European arrival on the continent was

12 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

concerned, the specific location of boundaries • the library and opera house in Derby Line, was a technical and political concern Vermont, having part of each building in rather than one of serious socio-economic the United States and part in Stanstead, significance to individuals. Both Canada and Quebec; the United States sought people to fill the empty space in the center of the continent • a street, Canusa Avenue, in Beebe Plain, and thereby generate prosperity from farming, Vermont that runs east-west with Canadian ranching, and mining. In that regard, the residents on the north side and Americans primary difference in the nineteenth and early on the south side; twentieth century between a Canadian and a • children’s sports teams across the continent U.S. citizen was between an immigrant who regularly playing opponents from schools in turned right rather than left while traveling the other country; west across North America. And that is not to count the present day Canadians and • thousands of daily workers and shoppers Americans whose ancestors originated in living in one country and working in the the other country, moving north or south at other—and picking up “specials” on the way will and whim. Primarily, these were people home; seeking precious metals, better land, more reliable water, closer rail heads, and generally • the citizens of Stanstead, who, for a enhanced economic opportunity rather than generation, found that labor for women viewing where they lived as an immutable about to bear their second child progresses national label for citizenship. more quickly than with the first child. Thus, because the closest available clinic was in Separately (in Chapter 2) we will review the Vermont, such children were dual nationals, specific territorial conflicts and persisting having been born in the United States; and unresolved boundary differences; however, on an individual basis the Canada-U.S. border • the many instances where emergency has been socially and economically fluid for vehicles and volunteer fire departments in generations, despite clearly surveyed and one country responding to accidents and carefully marked boundary lines. fires in the other (quite recently when fire departments in Maine rushed to fight the There are endless anecdotes demonstrating a disastrous Lac-Mégantic oil tanker fire). genuine neighborly spirit more akin to relations of congenial residents on a city block than It is the casual and habitual nature of this those between two nations. This reality can relationship that created a sense among lead to borderland anomalies such as the Canadians that they had a right to travel following: into the United States without restriction. Americans assumed the same with the most • children of Point Roberts, in Washington, casual forms of identification (or none at being bused to school pass through British all) sufficient to permit a U.S. license-plated Columbia—and get most of their services automobile to enter Canada. To be sure, from Canada; intellectually, Canadians appreciate (more than

13 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

U.S. citizens appreciate the obverse) that the longer than the Korean Conflict, longer than United States is a separate country; however, the Civil War (1861-65), and the American viscerally they assumed that any restrictions Revolution (1775-83). Only Vietnam (1965- on entry would not apply to them as general 74) was comparably long. Nor have we faced “good guys” and close political allies. It is a societal challenge that is clearly “a Long something of a twist on the sobriquet that, War” since the “Indian wars” in the American “we’re just like you,” wherein Canadians West persisted for generations during the believed they were automatically accorded nineteenth century before, during, and after a privilege associated with U.S. citizenship the Civil War. These also retrospectively without commensurate responsibility of can be regarded as akin to a war against citizenship. And they certainly didn’t equate terrorists featuring an endless effort to identify themselves with Mexicans so far as requiring bands and chiefs amenable to persuasion, comparable attention to enter the United coercion, and bribery, securing the ranches States. and homesteads of settlers, seeding the area with secure bases (log forts and stockades) But times have changed. while wiping out those whose primary job description was killing “palefaces,” with little A Different World or no differentiation between soldiers and settlers of any ethnicity, age, or gender. The United States’ and global efforts to Perhaps the circumstances of security are counter the effects of the 9/11 terrorist still not appreciated, let alone understood, attack have now lasted longer than U.S. by non-Americans. Perhaps, in particular, participation in most of the military conflicts someone who has not traveled significantly of our history. The Obama administration may or not traveled recently is suffering “security have dropped references to “the Long War” shock” akin to that “sticker shock” facing and the “Global War on Terror,” but that does a new car purchaser. Certainly, if I had not not change the protracted reality. Already visited Washington since 1968, I would see combat in Afghanistan is longer than our a very different country and society in 2013 participation in World Wars I and II combined, and probably be significantly unsettled and mutter about a “garrison state”. A generation ago, we were certainly a more naïve and physically . Although the technical potential for terrorism was clearly evident (for example, the massacre of Israelis Olympic athletes by the Palestine Liberation Organization terrorists in Munich 1972; the Beirut Embassy bombing in 1983), so far as Americans were concerned, it was “over there,” and we were safe at home—or Malcolm Meyers, Journal, 2011

14 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

at least safe from anything short of nuclear now being encountered and their geographic attack by Soviet missiles and a catastrophe reach. The attempts to counter terrorism on that no individual precautions could thwart. our soil—and prevent our citizens from dying— have limited individual . We are still Consequently, as a newly minted U.S. struggling with the “costs” both financial and Foreign Service officer, I could enter the philosophical, but having Canadians whine Department of State or any other agency about our process and its conclusions is not in Washington without identification of any helping to resolve the baseline problems. nature and wander the corridors until I found my destination or had satisfied my To belabor the obvious, there have been two wanderlust. Slowly, over the years, “security” events that have prompted U.S. attitudinal was enhanced. First, one carried a badge with change: the apprehension of the “millennium a photograph (a photo so poor and so little bomber” Ahmed Ressam and “9/11” with its observed that an individual once substituted “12/25” codicil. Let’s begin with the latter. a picture of a dog and was not noticed). Then security guards began closer observation It is on of becoming trite to review and badges had to be worn visibly within the the events that are now over a decade in department dangling from neck chains like the past or to discuss what the effect of the military dog tags. New rules on who could terrorist attack on the World Trade Center in authorize entry into official buildings were New York City had and continues to have on implemented. Locks with “punch codes” were the United States. Suffice it to say that for placed on individual office doors. The photo the foreseeable future, the attack will define a ID passes were upgraded with a code (like a generation. credit card) so that they had to be “swiped” It has been said that “who you are is where before entry through a turnstile was possible. you were, when.” That is, for the “greatest Then the “swipe passes” were further generation,” the question was, “Where you upgraded to incorporate an information “chip” were when you heard about Pearl Harbor?” and an individualized code that had to be For the “boomers,” it was, “Where were you punched into the turnstile before it permitted when you heard about JFK?” And now for this entrance. And virtually every door at the State maturing generation, the question will remain, Department now requires individualized, “Where were you on 9/11?” That day’s bolt- coded passes before entry is possible. This from-the-blue character, indelibly embossed has been an expensive and admittedly at on all who saw it “live” or replayed for the nth times a tedious process. time has had a profound effect, significantly These measures are, however, a response to greater in its individual psychological weight a reality: terrorists have become more clever than even the Pearl Harbor attack in 1941. and technically skilled. Suicide bombers using The horror in Hawaii had to be imagined, and everything from a bomb loaded vest to a high its dimensions were concealed by censorship capacity truck or van have demonstrated the for months. ability to kill—anyone—in wholesale, not just The “12/25” 2009 Christmas “underwear retail numbers. That circumstance is relatively bomber” effort to destroy Northwestern new historically—at least in the numbers flight 253 brought back 9/11 memories

15 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

with a gut wrenching twist. Eight years of represents death retail, whereas 9/11 was apparent success in preventing attacks had death wholesale, and thus Ressam is closer prompted not congratulations but criticism to the day-to-day reality that most Americans that existing security precautions were too can imagine. On December 14, 1999, rigorous, intrusive, and unnecessary. But Ressam was stopped by a preternaturally with 12/25, we were forced to recognize that alert U.S. customs official at the Port Angeles, the terrorist attack succeeded—it was just Washington, ferry landing border crossing technical and personal incompetence by the point from Vancouver Island. Subsequently, terrorist that prevented the PETN device from Ressam was found to have concealed in the killing almost 300 persons. One might have trunk of his car 50 kilograms of explosives and expected that the prospect of fragments of timers intended for an attack on Los Angeles the aircraft and its contents being scattered International Airport (LAX). This event was the over the landscape would have final act in a psychodrama that concluded as galvanized Canadians into a fresh appreciation farce—with Ressam being pursued through of security problems—after all Canadians the streets on foot by U.S. security forces— could have been killed. While there was some but easily could have been tragedy. positive official and public reaction, the media frequently focused more on the anticipated Ressam arrived in Canada in February 1994 violation of “privacy” from full body scans with a fraudulent French passport. Challenged to detect PETN type explosive. There was by immigration officials, he claimed political much kvetching over locking barn doors after asylum contending that he had been tortured equines had escaped (as if the barn had no in and subsequently was allowed to other horses). And there was opinion to the stay pending a refugee hearing. Predictably effect that heavy security was disconcerting skipping the June 1995 hearing (whereupon the traveling public, as if the public would be his application was denied and a warrant less traumatized by exploding aircraft than by issued for his arrest), he created a new intrusive security. identity with a stolen baptismal certificate form and obtained a We keep reading blithe media suggestions in that name. He remained in for that intense security precautions mean that almost three years, apparently living as a petty the terrorists “have won.” Or that the expense criminal (with the warrant for his arrest and isn’t worth the actual level of deterrence. deportation outstanding and unexecuted). Or that the threat really isn’t that significant He traveled to Afghanistan in March 1998 now. However, we have become a “belt and where he spent several months in an al-Qaeda suspenders” society; abstractly we regret camp and was trained in weapons use and the intensity of the security—and perhaps explosives manufacture. Returning to Montreal abstractly it doesn’t really make air travel in February 1999, he spent until December safer, but the consequences of security planning the attack on LAX, gathering failure remain catastrophic in their economic explosive material, constructing timers, and and socio-political potential, and hence securing false identity cards. comparable security levels will continue. What does this legend suggest to even the But perhaps it is the Ahmed Ressam case casual reader? Even in the less aware pre- that is potentially the most disconcerting. As 9/11 era, the feeble nature of Canadian the prospective “millennium bomber,” Ressam domestic security is palpable. To : the

16 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

process for political asylum upon arrival at a Those who are aware of the circumstances border entry point can be “gamed” even by and movements of the 9/11 terrorists know the most ignorant; there is no mechanism that none of them originated in Canada. The for rapid determination of the legitimacy of regular comment that there was a Canadian an asylum claim; there is no mechanism for connection reflects the continuing ignorance securing or monitoring claimants between of the ignorant—not excepting some senior the time of their apprehension and their U.S. politicians ranging from former Senator scheduled court appearance (or an ability Hillary Rodham Clinton to (as of January to assure appearance in court); the effort 2012) Homeland Security Secretary Janet to arrest and deport those with warrants Napolitano. However, there is a salient point against them is insignificant (reportedly there beneath the ignorance. Although none of the are upwards of 30,000 such individuals in 9/11 terrorists came through Canada, those Canada evading deportation); the ability to aware of the feeble nature of border security obtain false identities (passport and driver’s during that period also know that all of them license) is easily mastered; precursor materials could have come—easily—through Canada. It for constructing explosives and timers can is that reality that should prompt concern by be casually obtained; money for air fares, discerning Canadians regarding the imperative automobiles, hotel rooms, etc., is readily nature of the effort to secure their border. available—either because crime pays well or external financing is available; and the societal Many Canadians present the attitude that the constraints that would identify suspicious or United States is paranoid over border security criminal behavior on the part of a “Ressam” when we should only be neurotic. In a phrase: and bring them to official attention appear “Humor us.” We may indeed be that batty old feeble to nonexistent. Ressam was no Uncle Sam who can be a wingnut caricature mastermind criminal spy of the James Bond in cartoon cleverness, but no Canadian wants variety; it is the very mundane nature of his to be tagged with the responsibility for being personal abilities and the degree to which the base for terrorists who strike the United he was able to secure the tools for terrorism States in some future “12/12” or “7/7.” When unimpeded that are chilling. such an event occurs, were the base for our attackers identifiably in Canada, Ottawa Ostensibly, according to recent needs to be in the unassailable position that announcements, the Canadian government clearly Canada went the extra mile to placate will attempt to control illegal immigrants; the paranoid uncle, because even paranoids however, the requisite laws and regulations have real enemies. And an angry paranoiac are at this juncture more sound than will strike out at the perceived source of substance, with legions of salivating injury, regardless of whether he or she may at the opportunity to reverse them in courts. do gratuitous self-damage as well. So if that Delays only enable prospective terrorists. effort means what a Canadian green-eye- shade actuary would consider unnecessary Who is the next Ressam? And will we be lucky expenditures on document security, personnel a second time? investigations, equipment purchases, or border controls, it will be cheap at the price But to return to 9/11. when examined in the light of a Washington

17 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

looking to blame someone for having done the lesson of “hands off” terrorist global reach minimum rather than the maximum requested. puts another spin on security challenges.

In short, we can be sure that our enemies What we seek from Canadians is maximum continue to search for mechanisms to effort to support our interests. Complaining do us the maximum pain. On 9/11 they that we are using too many nails to shut creatively exploited airline reliance on the the “barn door” doesn’t qualify as support. paradigm of the previous generation in which And facing the politically correct strictures of hijackers of passenger aircraft were often “equity,” Canadians must now address our delusional psychotics demanding ransom for need to treat the 49th parallel with the same passengers, release of “political prisoners,” or attention as we treat the border with . publication of personal grievances. The “book” response was to placate and temporize; we Unquestionably, “9/11” prompted major had not faced a circumstance that postulated changes in U.S. attitudes toward border suicide to maximize casualties and economic security that affect Canadians but to which destruction. An enormous amount of highly they have responded more with irritation expensive effort has been directed at and complaint than with appreciation for the preventing this “horse” from escaping again, pressures under which we are operating. but it is hardly the only mechanism through Media play appears to concentrate far more which terrorists can strike. And, we could on inconvenience to Canadian citizens and be struck again—with vicious bombing, and the potential that their precious privacy is in wonder what would have happened had the danger of being violated (almost on the level Tsarnaev brothers—the Boston Marathon of screaming “rape” in response to someone bombers—attempted to escape to Canada saying “hello”). Thus Canadian newspapers rather than lingering in the vicinity of their obsessed over the story of Rohinton Mistry terrorist attack. who complained in 2002 that he was repeatedly interviewed when attempting to This was almost the case on 12/25—and travel to the United States (and declared the new aircraft paradigm has become that subsequently that he would no longer travel the passengers are the last line of defense; south). they made a desperate and successful effort to immobilize the “hot pants” terrorist and The next level of controversy has been the extinguish the flames from his igniter. We can U.S. requirement that commercial aircraft be sure that every terrorist wannabe knows flying over the United States (but not the flight time from Toronto to and will scheduled to land) provide their passenger be able to pick out the tallest structure: the lists for vetting. The rationale for such a 108-story Willis Tower (formerly Sears Tower). request would appear self-evident given the Terrorist creativity was again demonstrated proximity of major Canadian airports such as in October 2010 when two bombs designed Toronto to U.S. cities such as Chicago, and to appear as Xerox printer cartridges were the “privacy” of the individuals flying would be detected on cargo planes originating in Yemen a tertiary concern. Nevertheless, the topic was and headed for Chicago via UPS and FedEx. a focus of media convinced that if the United Astute intelligence stopped them, but the States wanted such information, correct- thinking Canadians should deny it.

18 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

To be honest, there will be mistakes. Individual border regularly has a “story”—either of names will be confused; incorrect names will extended delay or inconsequential additional be entered on “watch lists”; unwitting travelers search and review. In this regard, during will be delayed, inconvenienced, and perhaps the 2006 summer, a U.S. retired couple even prevented from traveling. And those with standard tourist passports was asked who should be prevented from flying, e.g., standard questions at a Canadian customs the 12/25 “underwear bomber,” will not be post in the course of their annual visit. They listed. Ridiculous events, such as questioning were then directed to the customs office for the late Senator Edward Kennedy, will occur. further questioning; in effect, there were no Investigating the adult diaper of a wheelchair- further questions—just delay. Asked what bound 95-year-old or a small child searched in prompted attention to such an uneventful a manner that might equate with molestation couple, the Canadian officials implicitly amuses nobody. Saying “I’m sorry” doesn’t admitted to having a quota of just plain people suffice for many of those so inconvenienced to be examined. or delayed. Nor is there any special pleasure in repeated searches and limitations over Nor can we be confident that for all of what can be carried on aircraft. The wry the security (and commensurate delay suggestion that we should strip and travel in and inconvenience), air travel is perfectly the equivalent of hospital examination room safe. Although the 12/25 near miss is the gowns may yet become more than talk show proximate illustration of potential air tragedy, humor. Even the prospective virtual nudity there are other illustrations. On one day in stemming from the new scanning machines January 2008, media reported a presumed will need eventually to be enhanced and success—and a failure—of airline-related probably cell phones banned as they can be security. The success was the arrest of a used to detonate explosives secreted in “body California teenager with implements, including cavities.” handcuffs, who was planning to hijack a passenger aircraft reportedly to crash it into Moreover, the regulations against profiling a concert venue. The failure was a man who create special absurdities: when all of the carried a loaded pistol unimpeded through 9/11 terrorists were young Islamic males and a security check point at Ronald Reagan the overwhelming majority of subsequently National Airport in Washington. Finally identified terrorists globally fall into the same appreciating his error, the man informed category, there is an inherent logic in paying security personnel who, probably in a special attention to such individuals. But… combination of fury and embarrassment, no. Political correctness requires selective promptly arrested him. The public has sampling that runs undifferentiating through been regaled with comparable systemic the inspection mill, elderly white males; failures—along with a steady stream of further matronly females “of a certain age” and restrictions (various liquids and gels banned various races; and young women with and limited container sizes apparently since knapsacks (drug mules or just cute enough to in combination they can be explosives) stimulate intrusive search)? and, following the 12/25 terrorist attempt, announcements of enhanced detection By now virtually everyone who crosses the equipment and multiple options for screening.

19 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

Making Unsatisfactory Thus, if the potential entrant did not have a Security Better passport, the photo driver’s license had to be implemented with additional such as a birth certificate. Children had lesser ID The United States has been forced by the requirements. insecurity of its normal documentation to demand its upgrade. That is, fraudulent The February 2008 requirements went into driver’s licenses were easily obtained by a effect despite congressional legislation number of the 9/11 terrorists. The market in ostensibly banning their implementation false birth certificates, social security cards, until June 2009—legislation for which and other “papers” previously regarded Canadian officials actively campaigned as proof of identity has been driven by the and which also suited the local interests of flood of illegal immigrants in the United border state politicians. Then Secretary for States. Presumably those supplying the Homeland Security Michael Chertoff, however, 9/11 terrorists with fake drivers’ licenses declared that he had authority under earlier thought that they were just the standard illegal congressional legislation to act. economic immigrant. It is to cope with this challenge that the USG turned to enhanced For U.S. citizens, the issue was a “where secure documentation, notably upgraded you sit is where you stand” political exercise passports, to provide reliable identification of with the citizens of upstate New York (with the document holder. Senators Chuck Schumer and ) and those in Vermont (with Senator Patrick The elements of this effort are incorporated Leahy) making claims that additional controls into the 2004 Intelligence Reform and would damage local border economies. Prevention Act as the Western Hemisphere However, citations of self-interested “studies” Travel Initiative (WHTI)—pronounced either contending that one or another amount of “whit-ee” (for those of a humorous bent) or money would be lost, e.g., a 2005 Conference “wheat-ee” (for those with more mundane Board of Canada study estimating that instincts). At this juncture (mid-2013), the the travel initiative would cost U.S. and results require all individuals entering or re- Canadian border communities $2.5 billion in entering the United States by air to present a reduced travel, are inherently impossible to passport or “other valid travel document” (a prove. Travel has been far more stimulated range of identification material that regularly (or depressed) by the respective values of changes); this requirement was implemented the national currency than by specific travel in January 2007. constraints. Hence, when the soared to US $1.10 in December 2007, More importantly (since most individuals cross-border Canadian bargain seekers traveling by aircraft have passports) was stormed local stores. Likewise, when the the requirement that by February 2008, all Canadian dollar hovered below US 70 cents, individuals 19 years of age or older entering U.S. citizens found bargains of every nature the United States (including U.S. citizens) by north of the border. And without question land must present upgraded documentation. the ongoing recession steadily reduced It was no longer possible simply to flash a U.S. travel to Canada to its lowest level in driver’s license with photo to obtain entry.

20 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

years, exacerbated by the stronger Canadian young (or old) to travel—or who do not have dollar that varied throughout 2011-12, but an interest in traveling beyond their national as of mid-2013 hovered around “par” with borders or even outside their city limits. cross-border shopping stimulated by relaxed Canadian limits on short visit imports. But realistically, Canadians should face up to twenty-first century modernity. International Canadians, however, devoted their efforts to travel is a privilege requiring a cooperative fighting the problem, presumably in hopes that traveler willing to accept, albeit reluctantly, the if resisted and delayed long enough, it would bureaucratic requirements of the traveled-to go away. Hence, the desire to push action into country. Thus travel has become 360-degree mid-2009 clearly reflected the hope that a new expensive and attempting to address the (and presumably Democrat) administration demands blithely will result in a frustrated traveler. would soften or further defer into the never- Attempting to navigate security demands cheaply never enhanced travel documentation. can have costs in horror, not just in budgets. This “fighting the problem” approach took multiple directions: (a) it is too expensive; (b) The technology and security issue needs to documentation would have to be replaced be addressed separately. Various “biometric” too frequently (Canadian passports then were approaches are under investigation. Thus valid for five years); (c) only approximately the laser ID for the eye; or embedded codes 40 percent of Canadians had passports for finger or thumb prints are being tested. (rising to over 50 percent in 2009); and (d) To be sure, there are those squeamish improved technology such as radio frequency over offering up their eyeball to a laser identification (RFID) is insecure. and others concerned that an amputated thumb might “pass” the felon who presented Some of these objections are easily your dismembered digit to border security. dismissed. The cost for a Canadian Currently, RFID elements are incorporated in passport may be excessive; however, U.S. passports—as they are in the passports it could be subsidized by the Canadian of increasing number of nations such as federal government, which until recently most EU states, Japan, Norway, the United ran a substantial fiscal surplus. Even in the Kingdom, , the Republic of Korea, current economy, the passport price could and New Zealand. Information in the RFID- be lowered. The cost and frequency of chip is limited to that on the passport and replacement could be reduced by making varies according to country. It can include passports valid for 10 years for adults (which digital fingerprints and a digital photo of the was instituted in mid-2013), as is the case passport holder. Security concerns regarding in the United States, or extending all current whether the information can be read at a passports to 10 year validity. The question of distance or whether passport holders can what percentage of Canadians (or U.S. citizens) be targeted by prospective assailants seem currently holds passports is a . First, more directed at abstractions rather than any those Canadians who do the overwhelming concrete case. However, U.S. officials state percentage of the national traveling already that the RFID-chip cannot be read directly. hold passports. Second, those who do not And anyone seeking a wealthy tourist to hold passports may well be individuals too mug based on reading an RFID-chip could

21 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

probably identify such a victim with a much six months, the sides ground through these lower level of technology, e.g., eyeballing platitudes and principles reaching a deal for those with the obvious trappings of wealth. • synchronized international coordination and The Peregrinations of planning at land border crossings; Perimeter Security • “one-stop shopping” for importers combined with reduced paperwork Perhaps it is not surprising, albeit gratifying, requirements; that finally—finally—we have returned to the • special visas for certain business travelers obvious. It is easier to keep the bad guys out and more emphasis on frequent traveler of Canada and the United States if we have programs; and one set of rules, procedures, policies, and approaches to security. If such a “perimeter” • detailed benchmarks to bring food and auto defense can be constructed—and both industries into line. nations are satisfied with its effectiveness— then (theoretically at least) our citizens should The agreement hung fire awaiting a date that be able to travel as easily between Ontario would give it Canadian-desired visibility while and New York as they travel from Ontario to not taking up too much presidential time. Quebec. That is not to say that there will be That alignment of stars arrived on December no “rite of passage” at the U.S.-Canadian 7, 2011, when President Obama and Prime border, but that it should be quicker and Minister Harper signed an agreement to thinner rather than ever slower and thicker as implement these elements. It won’t be has been the base over the past decade. cheap—projected costs at $1 billion, and implementation is spread over months, even Officially we moved in this rationalizing years (oh, those devilish details are perched direction when, at a White House meeting like gargoyles on the structure). Hence, the on February 4, 2011, President Barack mid-2013 report over which nation’s laws Obama and Prime Minister would apply in a citizen’s complaint over announced talks on the security perimeter action by the other country’s law enforcement initiative—officially the “Beyond the Border official has delayed two policing pilot project and Regulatory Cooperation” talks. Indeed, for a year—and counting. But at the same Harper had gotten the word when stating, time, we are mulling over the possibility of “a threat to the United States is a threat to a “Blue Rose” underground optical fiber Canada.” sensor cable that would detect movement across it. So have we squared the circle with The effort was designed to “promote a perimeter protection projection? Doubtless economic growth, job creation, and benefits not. We will continue to struggle with the to our consumers and businesses through “knowns” while ultimately we can be assured increased regulatory transparency and that “unknown unknowns” will impinge. coordination.” The objective was for “smarter, more effective approaches to regulation [but In this regard, an ancillary but proximate to] in no way diminish the sovereignty of either problem is the “duty free” issue for short the United States or Canada. For the next cross-border trips. Canada exempts nothing

22 ALTERNATIVE NORTH AMERICAS Open Borders and Closing Threats

from customs duties for a one-day trip; security for greater economic access. (“We upwards of $200 is duty free for a visit of will accommodate them as long as we benefit more than 24 hours. The United States has a on trade.”) $200 limit for a same-day trip, and in mid- 2011 was proposing in Congress a $1,000 That remark was almost as stupid as the daily limit. Canadians in May 2011 blew off the (quickly withdrawn) CBC April 2013 “casting U.S. proposal that both countries move to a call” in Toronto that no “whites” need apply. $1,000 customs exemptions for a daily trip. Toews’s attitude was a sure way to lose both This attitude reflected the persistent nickel- objectives. He seemed to believe that these and-dime Canadian attitude toward finances security negotiations are akin to the bazaar- prompting border agents to be more alert to a haggling peace negotiations hidden bottle of whiskey than to prospective wherein trades “land for peace.” But criminals or terrorists. for us, there will be a proof-is-in-the-pudding attitude: if the proposed arrangements Another element is the “privacy” issue in which coordinating intelligence exchanges and Canadian concern for personal information procedural parallelism plus effective new protection verges on the paranoid—including technology are perceived as working, then in Summer 2011 the CBC refusal to publish easier movement across the U.S.-Canadian names or photos of illegal alien criminals border will follow. But if a Toews-style attitude sought by the government for deportation. predominates, neither will happen, despite the current promising start. Thus the “devil is in the details” maxim appears to be hard at work in the security Nevertheless, the effort has progressed perimeter negotiations. That unfortunate slowly—so slowly that it has been all but circumstance is added to the predilection miraculous that borders have not been of Canadians to try to leverage the system. blatantly penetrated. The “12/25” non-event At the 12-year mark for the 9/11 attack, suggests that God continued to look after Canadians appear to believe that we should fools, drunkards, and the United States of be “over it” and able to get back to normal. America. Next time God may be otherwise Illustratively, in August 2011, then Canadian occupied. public safety minister was cited as saying in effect, we will trade better perimeter * A variation of this chapter was published in International Journal as “Open Borders and Closing Threats,” in the Spring 2012 edition.

23 ALTERNATIVE NORTH AMERICAS 2 UNSETTLED BOUNDARIES—­ THAT NOT YET SETTLED BORDER

lsewhere observers have noted that turn to technological fixes for “people Ethe United States and Canada share problems,” more rather than less of the same a “3,500-mile undefended cliché.” Indeed, is likely. first-time observers and speech writers However, the absence of ostentatious security have a tendency to focus too much on the does not mean that there are no border “undefended border” as if it is their unique disputes. Historically, there have been a revelation and a gift to their audience. The substantial number of controversies—ranging audience, more frequently than not having from those who insisted that “54-40 or fight” heard the observation on multiple occasions was justified U.S. foreign policy for resolving from first-time orators, gives a silent sigh and the location of the border to polite quibbles hopes that something more edifying will be about where a lost or missing border marker subsequently forthcoming. might be appropriately located and positioned Nevertheless, at this point, even the cliché when found. And over our extended may be twentieth century passé. Yes, the relationship, many of the border and boundary post 9/11 security requirements for both disputes were resolved with good or ill grace countries have prompted a “thickening” of depending on who thought they “won” the the border. The enhanced security, however, case. Still, as is the reality for many countries, is not Maginot Line fortification to defend there are portions of the border that remain against armored divisions sweeping across unresolved. Midwestern plains, but rather, in keeping with To be sure, Canada and the United States have , consists of upgraded inspection and nothing equivalent to the Duron or the Curzon ID documentation at border crossing points line in South Asia. Nor is there any comparison and better technological observation in the with the battle-hardened former Yugoslavia form of security cameras, hidden sensors, and shard state borders or the residue-of-empires (unarmed) drone aerial surveillance along the carving up of African geography with no entire border. As North Americans traditionally

24 ALTERNATIVE NORTH AMERICAS Unsettled Boundaries

concern for tribal demography. Yet, there are 200-mile exclusive economic zone (EEZ). still undecided elements of our borders. Formalized through the UN Convention on the Law of the Sea in 1982, the EEZ In some instances, these residual, not-quite- was designed to give states better control disputes appear to be the consequence of maritime affairs beyond previous limits of virtual absent-mindedness; perhaps the of territorial waters. The unfortunate side arbitrators just got tired and didn’t finish a effects have been the resulting overlaps of point or missed it in the paper pile at the EEZs between neighboring states that the negotiating table. Or perhaps it was left open convention leaves to the states to sort out. to be revisited on the request of either party. On other more significant matters, the issue Consequently, these disputes have persisted may not have appeared all that important at a due to the complexity of competing claims time when the area in dispute was regarded and the reluctance of both states—particularly as a trackless waste, so there might have Canada—to press for defining conclusions. been a polite “agree to disagree” outcome. Sovereignty and boundary issues remain Or, having taken a run at a disagreement particularly sensitive for Canadians who are diplomatically and found it not subject to a predisposed to believe they always lose in quick fix, (but with local passions running boundary disputes with the United States. They high), it might have been set aside for later seem to enjoy the ritualistic weeping, wailing, consideration when more diplomatic energy and lamentation associated with recalling would be available with less personal passion. particularly invidious decisions in the nineteenth- And there it remains, “set aside” for many century trilateral boundary commissions with the years. Additionally, there are United States and Great Britain—decisions one issues in which recognized aboriginal claims can be sure that the United States regards as overlap both countries to create a boundary equitable and judicious taken before “Canada” legal and juridical nightmare exacerbated existed as a state. by the intersection of treaty rights, tribal rights, states’ rights, and smugglers’ “rights.” In more modern times, however, Canada Finally, and on a more “real” level, there is has effectively managed several boundary serious international conflict over the global disputes as demonstrated by resolution of and U.S. recognition that the Northwest cases in the Gulf of Maine and Saint Pierre Passage is international waters, juxtaposed and Miquelon, resolutions that came about against the Canadian claim that it is subject in efforts to avoid direct confrontations over to Canadian sovereignty over Arctic territory access to fisheries and potential oil and gas and waterways. This latter issue is particularly resources. Canadians tend to forget these heated, so to speak; it will be examined successes as conclusively as they remember separately in Chapter 3. their losses. The definition of a Canadian is ritualistically Some History amorphous; it has been declared as “not- American”—a rather negative view; however, Most of the bilateral boundary disputes came it is one that makes boundary problems even about or were exacerbated by the extension more pointed when a demographer notes of the existing maritime boundaries to a that 85 to 95 percent of Canadians live within

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100 to 200 miles of the U.S. border. A little Islands off the west coast. The Canadians northern slippage of the border and eh voilà!, excel at being “injustice collectors”; in their no Canada. Thus often eyes, the United States never has a legitimate manifests itself as maniacally protective of case if it contradicts Canada’s desires. tangibly Canadian elements: land, seas (even ice), and their boundaries. Consequently, For Canadians the extant legal and political almost every U.S.-Canada bilateral issue has circumstances are all but irrelevant. For been interpreted by the media and whatever example, Canada did not exist in 1842; the political party happened to be in opposition Washington-British Columbia boundary was at the time through the prism of Canadian a compromise with the U.S. “54-40 or fight” sovereignty. The government of Canada position; and the legalities of the Alaska performance is often judged by how well it boundary dispute clearly favored the United protects this vague amorphous concept of States. Historically, colonial powers swapped sovereignty. territories with no compunction for whoever might be living there—aboriginal or citizens. Canadians often conclude that they lost Indeed, the creation of Canada in 1867 or were sold out in every major boundary arguably was a British ploy to prevent the settlement with the United States until post-Civil War U.S. military powerhouse from the 1984 Gulf of Maine decision by the deciding that “Canada” might be appropriate International Court of Justice (ICJ). The compensation for U.S. Alabama claims North American Boundary Commissions that against Britain. operated to address boundary differences during the nineteenth century usually had (These claims resulted from the devastation three categories of members: Canadian, U.S., wrecked on Union shipping by the Confederate and British. Canadians were dismayed when raider Alabama, which was built and funded in British representatives typically sided with the . Creating “Canada” was a device by United States. to argue that it could not give away parts of an “independent” country. These In this regard, Canadians see the United claims were the primary topic addressed in States as having gained territory from New the 1872 Treaty of Washington; the San Juan Brunswick through the 1842 Webster- Islands were barely an asterisk.) Ashburton Treaty. Likewise, there is historical grief from the Oregon and Washington treaties The point remains that in Canada’s eyes, it that pushed UK (Canada) out of what became gets muscled out in such disputes. These the states of Oregon and Washington, and supposedly unfair outcomes ranging back more angst again stemming from 1903, when 100-150 years have left a much advertised Canada lost the Alaska panhandle to the scar on the Canadian psyche—one which United States cutting the northwest interior sensitive U.S. negotiators presumably are of British Columbia from the sea. Even the supposed to take into account by offering “we Germans sided with the United States; under feel your pain” concessions. the Treaty of Washington, in 1872 with Kaiser This policy is tiresome for U.S. observers, William I as a neutral arbitrator, gave the demeaning for Canadian participants, and United States sole possession of the San Juan festers indefinitely.

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Fishing and Boundaries Bank. Canada argued for an equidistant line, providing access to about half of Georges Until relatively late in the twentieth century, Bank. In 1984 the ICJ Special Chamber U.S. and Canadian commercial fishers decided on a boundary that effectively split operated off each other’s coasts. However, the difference and gave Canada access to in 1977 each country extended jurisdiction about a sixth of the fishing and potential over fisheries from 12 to 200 miles (and oil and gas resources of Georges Bank. earlier had extended it from three miles). Canadians were reportedly unhappy with The resulting overlaps between the limits of the outcome; however, fishers of the era the fishing zones of each country created a maintained historical scallop fishing levels and number of points of difference in the Gulf of added to their potential ground fish catch. For Maine, the Beaufort Sea, the Dixon Entrance, their part, Canadians “noted with satisfaction and seaward of the Juan de Fuca Strait. As that the boundary confirms Canadian a result, there is a continuing requirement for jurisdiction over a substantial part of George Canada and the United States to address Bank.” Still the decision cost Canada some these maritime boundaries as well as related of the area it had reserved for future offshore fishery and oil and gas issues. oil and gas exploration. For its part, the United States believed it lost a portion of historic Two Resolved Problems— scallop grounds. Presumably this outcome a Happier Precedent qualified as a good decision: each side walking away with something about which to Gulf of Maine complain.

Delimiting the continental shelf in the Gulf of But the ICJ determination (the “Hague line”) Maine was a long-time problem. The issue dividing the fishing zones and the continental heated when in 1969, the United States shelf in the Gulf of Maine did not address protested Canada’s issuance of oil and gas the landward and seaward extensions of the exploration permits on Georges Bank up to a boundary. Canadian claims of U.S. violations Canadian version of an equidistant line. The of the Hague Line prompted Canadians to use dispute intensified when the United States and a submarine to enforce it in the early 1990s. Canada extended fisheries jurisdiction from This shortfall in determining the boundary 12 to 200 miles. In 1981 conflicts evolving remains the basis for one of the persistent from the overlaps of the claimed fisheries unresolved disputes that should be addressed jurisdictions resulted in agreement to submit by Ottawa and Washington. the boundary dispute to a special chamber of the International Court of Justice at The Saint Pierre and Miquelon Hague. This ICJ determination of the maritime boundary between the United States and lost most of its North American Canada in the Gulf of Maine became the first territory through war with England in the judicial determination of a boundary for a 200- eighteenth-century, which inter alia ultimately mile EEZ. resulted in the current “Canada.” Peace treaties between Paris and London ceded Litigation began in 1982 with the United sovereignty over the essentially trivial islands States vigorously claiming all of Georges of Saint Pierre and Miquelon (south of the

27 ALTERNATIVE NORTH AMERICAS Unsettled Boundaries

Newfoundland coast) to France as a booby better to negotiate with Canada than to have prize and to serve as an outpost for its fishing gone to arbitration. fleet. For an extended period, French and Newfoundland fishing vessels coexisted Consequently, the, proverbial but mythical, without incident; the French were not looking abstract observer might conclude that Canada for another military defeat in an area where the did reasonably well in these cases. The UK had total military superiority. In the 1960s, potential for violence among the competing concerns about over-fishing the local cod national fishermen pushed authorities to drive stocks increased, and in 1977 both Canada arbitration resolutions in both Gulf of Maine and France introduced conflicting 200-mile and the Saint Pierre and Miquelon cases. EEZs. The dispute peaked in 1988 as both However, persistent inaction on several sides began arresting competing fishing crews other disputes discussed below implies that under allegations of illegal fishing in disputed Canada will only enter serious negotiations waters. In 1989, to avoid escalation of hostility, when violence looms—which is not the Paris and Ottawa agreed on arbitration. recommended approach for international diplomacy. At that juncture, Canada argued that French sovereignty should be limited to waters Four Protracted Disputes surrounding Saint Pierre and Miquelon, based on a 12-mile limit, totaling 1,070 square The following issues have been addressed nautical miles. Predictably, the French sought either formally or informally, but in low profile, to maximize their position, claiming 14,500 over the decades. By and large, the effort to square nautical miles according to a boundary resolve a dispute has been prompted from drawn between the islands and the Canadian the U.S. side—and ignored or dismissed by coast to a distance of 200 miles to the south. Canadians. Reportedly different efforts were The French claim cut through the Grand led by individuals as diverse as President Banks and Canadian cod stocks. It was a Jimmy Carter’s presidential advisor and former perfect case of Gallic overreaching. White House Counsel Lloyd Cutler in the 1970s, State Department Counselor Edward In June 1992, a special arbitration court Derwinski in 1984-88, State Department (selected by both countries) in New York Legal Adviser Abraham Sofaer in 1989, and ruled. The result substantially favored Canada, State Department official Robert Pines in and Ottawa’s response reflected reserved the early 1990s. Reportedly, then-Foreign satisfaction. The court gave France control Minister sidelined direct requests by of only 3,607 square nautical miles based both Secretaries of State George Shultz and on a 24 nautical mile limit on fishing grounds Howard Baker (in 1984 and 1989 respectively) extending south and west from Saint Pierre to resolve the problems systematically. and Miquelon and a 200-mile long, 10.5-mile Apparently, there was even an effort in the wide southern corridor to the open seas. The late 1970s to submit jointly all outstanding decision allowed Canada and France to issue disputes to arbitration. oil and gas exploration permits within their respective zones. The conclusion by expert observers was that France would have done

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A Note of Background—the Concept of energy ratchets upward. Various marine Equidistance mammals are present during the course of the year. U.S. protections for marine mammals are generally requires probably stricter than Canadian regulations. establishing maritime boundaries by agreement to reach an equitable solution. In A number of ongoing energy exploration and the absence of agreement or when there are development projects have demonstrated “special circumstances,” the continental shelf the potential of the area. For example, boundary is determined by the principle of the Amauligak Project developed the first equidistance in the case of adjacent states. functioning oil platform in 1986, producing An equidistant line would be found half-way commercially saleable amounts of oil for the between the nearest points on the coasts of Japanese market. ConocoPhillips currently both countries. When a special circumstance operates Amauligak and has linked its argument is advanced, it is usually to claim development to progress in the Mackenzie that a boundary should be further from one’s Delta natural gas pipeline; apparently, there coast and, by extension, closer to the coast has been little activity since 2010. Multiple of the other state. Therefore, when the United energy projects being explored and in States argues for equidistance, it is also preliminary stages of development in the saying that it believes there are no special Northwest Territory will have at least an circumstances—and vice versa. The United ancillary effect on development in the Beaufort States argued special circumstance with Sea. In July 2008, the U.S. Geological Survey some success in the Gulf of Maine dispute, estimated there are more than 400 billion but in the following disputes the United States barrels of oil in the Arctic. BP PLC, which continues to argue for “equidistance.” earlier in 2008 bid $1.2-billion for the rights to explore three offshore parcels in Canada’s It takes someone with the genetic mix of a Beaufort Sea, said the great petroleum wealth cartographer and an international to indicated by the report provided added traverse these boundary disputes. Without backing for the company’s plans. pretending to have these qualities, looking at the outstanding problems from north to south Nevertheless, resolving the Beaufort dispute and west to east, we see the following: is a U.S. priority that Canada has studiously ignored. In 1938, Canada began to claim that Beaufort Sea the 1825 UK-Russia Treaty (later incorporated into the 1867 U.S.-Russia convention of The Beaufort Sea is described as that portion Alaska cession) establishing the present land of the Arctic Ocean north of the Northwest boundary between Alaska and Canada at the Territories, the , and Alaska, but west 141st meridian also established the maritime of Canada’s Arctic islands; it is approximately boundary running out to 200 nautical miles, 170,000 square miles in area. Fisheries are following the Alaska-Yukon land border. The not at issue in this part of the Arctic; at stake United States claims an equidistant boundary are oil, gas, and perhaps mineral development line perpendicular to the coast out to a rights, which have become increasingly distance of 200 nautical miles, and presses pertinent as the demand for carbon fuel for this position to supersede the 1825 Treaty

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language, clearly stating that the boundary is of the energy-rich Inuvialuit land and resource the 141st meridian only “as far as the frozen claim (with the141st meridian as a boundary ocean.” The difference in positions results in a to the 80th parallel) in 1988 and bedeviled wedge claimed by both states. by benighted of the ilk that helped scuttle the Arctic National Wildlife Both countries have protected their interests Refuge development in Alaska. In 1990 the by going through initial stages of oil and gas United States called Canada’s good faith into leasing for the disputed area. Canada created question for concluding agreements that will private party interests in tracts in the disputed make resolution of the Beaufort boundary area, but no drilling or other significant activity more difficult. The boundary of the Inuvialuit have been permitted. U.S. records indicate settlement also may have been a calculated that the United States scheduled a lease sale Canadian effort to project and protect its for the area in 1984; the Department of the sovereignty. A parallel effort in 1988-89 to Interior held the sale but stopped short of establish a resource sharing mechanism creating third party interests by only identifying through exploratory talks in the Legal Advisors the high bidders and putting bid money in channel without directly addressing the escrow (which it subsequently returned when boundary also fizzled when Canada backed off. resolution of the boundary dispute was not imminent). The United States offered blocks This dispute has lain fallow for some years— for sale in 2004; however, there were no bids. now running into decades—but the rising Each country, of course, has ritualistically although erratic price of oil and natural gas protested actions by the other. and the demand for access to hydrocarbon resources may well provide leverage to drive Alaska made a run at prompting bids in 2004, toward a conclusion. Reportedly there were inviting bids in the disputed area out to its bilateral discussions in Ottawa in July 2010, three-mile limit; Canada protested, and Alaska with more hypothetically planned in 2011, noted the prospect for Canadian legal action. but there has been little public information The United States rejected the Canadian regarding any discussion. Nevertheless, claim; however, Alaska indicated that it did not a forcing event to drive the issue toward intend to issue leases in the disputed area at resolution may begin with allowing serious that point. exploration in the disputed areas.

The dispute is immediately offshore of the In that regard, after much delay and review, Yukon Territory, which essentially remains a in August 2011 Shell obtained approval for its ward of Ottawa so far as financial support 2012-13 drilling program in the Alaska Outer is concerned, although the 2003 Yukon Continental Shelf, although not apparently Act devolved powers over land and natural in disputed Beaufort Sea territory. After a resources to the territorial assembly. difficult 2012 drilling season, Shell suspended Nevertheless, provincial powers in such areas its 2013 program citing a daunting array of are limited by political realities—Ottawa will equipment failures and environmental and call the tune. Moreover, any resolution has safety concerns. been further complicated by the settlement

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Dixon Entrance and Seaward It is historically unclear whether after the 1903 Boundary tribunal, Canada behaved as if the “A-B Line” was the boundary seaward of Dixon Entrance; Geographically, the Dixon Entrance is situated technically, the United States and Canada between British Columbia and the tip of have applied similar equidistant lines. If the southeast Alaska (the Panhandle), and the “A-B Line,” rather than an equidistant line, dispute involving it remains a residual element were the final boundary line for waters as well from previous boundary negotiating decisions. as land, the entire fishing area would fall to The United States believes the maritime Canada. Consequently, Canada maintains boundary should follow an equidistant line as that this equidistant line is for fisheries only, defined above, whereas Canada believes the perhaps reserving its position for a more boundary to be the “A-B Line,” a line created aggressive claim in the future that could be by the 1903 U.S.-UK boundary tribunal, which leveraged by perpetuating on determined the sovereignty of four islands the issue. Such a claim might come prior to in the Dixon Entrance. In that decision, the a negotiation to enhance Ottawa’s leverage tribunal allocated two islands to each party by or prior to arbitration to widen the area of drawing a line from point “A” on Cape Muzon consideration—a tactic Ottawa employed to point “B” at the entrance of the Portland prior to addressing the Gulf of Maine dispute. Canal. Canada contends, with no basis in the boundary tribunal record, that this line The disputed area between the “A-B Line” also established the maritime boundary. This and the equidistant line is an important fishing Canadian version of the boundary leaves little site for salmon, halibut, cod, and sole. Natural navigable space between Cape Muzon and competition and confrontation between U.S. the boundary; however, the United States and Canadian fishers have at times been has only exerted its full sovereign rights exacerbated by the uncertainty over the based on the Canadian version of the line. disputed zone which exists between the “A-B This boundary is a key problem for the U.S. Line” and the equidistant line. In the 1977 Navy as the Dixon Entrance is the preferred U.S.-Canada reciprocal fishing agreement, approach for submarines heading for the both countries concurred with the concept unique acoustic testing range facility at Behm of a “flag state enforcement regime” to be Canal, Alaska. And historically, Canadians applicable in all disputed maritime boundary have protested that U.S. nuclear submarines areas. This language means that in the various are transiting their “internal waters”; disputed areas, each country enforces its moreover, under New Democratic Party (NDP) own rules against its fishers, but not against governments, British Columbia protested those of the other country—a course that de anything nuclear powered (and virtually facto allows Canadian fishers to fish in U.S. anything of United States origin) traveling waters. Canada has not always abided by through its territory. the agreement, unilaterally asserting in 1987 that it had no obligation to adhere to flag state The United States is concerned that extended enforcement if U.S. fishing vessels engaged in enforcement of U.S. sovereignty at the “non-traditional fishing activities”—and claiming “A-B Line” rather than at the equidistant that salmon fishing was not “traditional” fishing. line will damage our claim if we ever reach Giving this reason, Canada asked U.S. boats to negotiations or arbitration.

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leave disputed waters and, on past occasions, Washington, an exclave of the United States, have seized boats fishing in disputed waters. reachable by land only by passing through Washington was not amused—and Alaskans Canada. The isolation of Point Roberts was even less so—at this restrictive interpretation. largely the result of an oversight by the 1846 Although the last such incident was in Treaty of Oregon. The Treaty set the 49th 1997 and a modus vivendi appears to have parallel as the basic U.S.-Canada boundary, emerged for avoiding conflict, the potential bending around Vancouver Island to set the for confrontations, if not active hostilities, island in Canada, but cutting through the continues. Tsawwassen Peninsula and leaving “Point Bob,” an area of about 4.8 square miles, Included among U.S. objections is the in the United States. With a population of rejection of the premise that salmon fishing approximately 1,300, Point Roberts requires is not “traditional.” Instead, the United States customs points for the international passage contends all U.S. fishing is traditional. The of U.S. citizens into Canada and Canadian United States does not accept the “non- visitors to Point Roberts. Various educational traditional fishing” interpretation and contends and medical services require residents of Point that the purpose of that convention—to avoid Roberts to drive about 40 minutes to reach confrontation—is achieved only if jurisdictional Blaine, Washington; however, there has never actions are avoided in disputed waters. been a proposal that the area be transferred, In 1991 this dispute also complicated the sold, or swapped to Canada. Other than military-strategic question of access for U.S. a subsequently resolved issue over water submarines to the acoustical testing station supplies during a drought in 1973, neighborly at Behm Canal, Alaska. U.S. submarines working arrangements have prevailed— used the Dixon Entrance to reach Behm perhaps because there are no fish or energy Canal, and Canada, led by then-NDP MP resources at issue. Jim Fulton, generated substantial critical publicity. The Liberal (conservative) provincial Juan de Fuca Strait’s Seaward government in British Columbia between Extension 2001 and the present reduced the potential for boundary argument. However, the advent The 1846 Oregon Treaty and international of an NDP government (not possible until arbitration established the boundary line within the next provincial election in 2017) would the Straits of Georgia, Haro, and Juan de revive the residual problem, as U.S. access Fuca (JDF). The dispute concerns the area to the acoustical testing grounds remains seaward of the JDF strait. Both Canada and strategically important, and the argument over the United States publish charts with a slightly federal versus provincial (British Columbia) varying equidistant line. The small difference is control of the Nanoose facility remains due to the selection of different cartographic unresolved. baseline points along the coasts of Washington and Vancouver Island. The maximum difference The Point Roberts Exception between the lines is one nautical mile, and the total area of overlap is approximately 20 square A sanguine exception to the continued miles. There are salmon and halibut fisheries in unresolved “A-B line” dispute is the working the area, but it is not intensely fished. Overall, arrangements associated with Point Roberts, there is little at stake economically.

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Reportedly the submarine JDF ridge, an area has changed, but the May 2013 election straddling and extending seaward of the continues to provide the United States with a western limit of both countries 200 nautical government that is not implacably hostile to mile claim, has mineral potential. However, rational discussion. historically the great depths and more easily accessible surface alternatives made the sea- Nevertheless, historically neither side has based minerals uneconomical to mine. moved on JDF, citing limited legal resources. The Canadians have insisted that they couldn’t Ottawa, however, has never been prepared act while Saint Pierre and Miquelon was under to agree formally on the exact coordinates. consideration. That issue, however, was One possible reason is that British Columbia cleared away more than a decade ago. In the wants to link JDF to the Beaufort Sea and early 1990s, the United States completed a Dixon Entrance disputes. Another possibility “Circular 175,” or official bureaucratic request is that British Columbia has a different for official authority to negotiate on a particular position with regard to drawing the boundary, topic, which essentially authorized negotiations. taking a more aggressive position along the Sufficient time has passed that the “Circ 175” JDF canyon that cuts deeply south toward would have to be renewed. Additionally, the Washington state. The BC position on JDF problem of Machias Seal Island interceded and the Dixon Entrance reportedly was in the early 1990s to set back negotiations— described in a 1977 paper prepared at the and thus becomes the fifth in this series of request of Canada (and reportedly has been continuing disputes, as described below. a longstanding BC position). Anecdotally, it is reported that paper did not argue that Canada Machias Seal Island (MSI), the North should avoid boundary negotiations on JDF Rock, and the Gray Zone or Dixon Entrance, but merely described the The 1984 decision by the ICJ on the Gulf of BC position should such issues be discussed. Maine case settled the east coast boundary There have been numerous instances where dispute except for two gaps in the boundary the Ministry of Foreign Affairs has blamed line. One is near the coast line and the second British Columbia, and the province has blamed is at the seaward extension of the boundary Foreign Affairs, for unwillingness to engage line to the edge of the continental shelf. in JDF negotiations. Washington reportedly believes the more aggressive foot-dragger has Seaward been Foreign Affairs. This gap is on the U.S. side of an extension If any dispute is amenable to resolution, of the ICJ line within 200 miles of Canada it should be JDF. Past evidence that has but beyond 200 miles of the United States. emerged from BC parliamentarians suggests Both sides claim this “gray area”—Canada that the issue is negotiable. The resolution claimed it directly; the United States reserved of the Makah Indian tribe court case in 1992 its position. The United States understands removed a longstanding U.S. obstacle to that under the terms of the 1981 agreement addressing JDF, an obstacle that aborted leading to the Gulf of Maine resolution, the an earlier resolution in 1985. Over the ICJ has continuing jurisdiction to deal with years, the composition of the BC legislature the formal extension of the boundary line.

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Reportedly, the United States favors the Moreover, the United States also claims that “deep trench” border and Canada prefers the Canada has never truly exercised sovereignty “equidistant” basis for a ruling. Either side may over the islands and, as further evidence, invoke compulsory dispute settlement: three noted that U.S. fishers have regularly fished months of negotiations and, if no settlement is immediately off their coasts without Canadian attained within three months, the issue would enforcement efforts or objection. Washington be submitted to a special chamber of the ICJ. also argues the United States has protested Lacking compelling reasons, however, neither all “true” assertions of Canadian sovereignty. side has asked for negotiations. Extending the line would delimit the continental shelves and The dispute is complicated by some the U.S.-Canadian exclusive economic zones geological evidence of oil and gas reserves except for the area surrounding Machias Seal and, more importantly for the moment, MSI’s Island (MSI) and landward. status as a seabird sanctuary. In 1944, because of the large number of nesting seabirds on MSI, Ottawa established a bird Landward sanctuary to protect the birds and rookery. By The ICJ did not specifically address the gap the 1970s, the island had become a popular near the coastline because of the unresolved spot for birders. Entrepreneurial tour boat sovereignty of MSI and the North Rock—an operators from Maine and New Brunswick exposed rock about eight hectares in area. have developed a business of landing birders MSI is approximately 10 miles off the coast on MSI. To protect the birds, the Canadian of northern Maine and approximately the government through the Canadian Wildlife same distance south of Canada’s Grand Service (CWS) has, since 1985, limited June Manan Island. The United States bases its and July (nesting season) visitors to 30 per claim on the 1783 U.S.-UK Treaty of Peace, day with a boat permit system, splitting the which gave the United States sovereignty permits on a 60/40 basis, with the United over certain islands in the Gulf of Maine, States getting the majority, based on the including Machias and North Rock. In the precedent of historical demand. Canada has 1817 arbitration under the Treaty of Ghent used its management of access to MSI as (1814), England recognized U.S. sovereignty another factor to emphasize its sovereignty over the islands. The Canadian claim, based claim. on the legal concept of adverse possession, argues that the United States ceded its textual Indeed, the CWS access management system claim to the islands when it acquiesced to worked well, so much so that boat trips the construction and maintenance of two became increasingly popular and more U.S. lighthouses by the Province of New Brunswick captains wanted to participate, a development in 1832. Upon confederation in 1867, Canada that placed pressure on the system. Maine took responsibility for the structures and has charter boat captains accepted the Canadian since maintained the remaining lighthouse. system of distributing permits under ; the United States confirmed to these captains The United States says that under that they are under no obligation to accept international law, a state may not acquire Canadian management. Consequently, there sovereignty solely by maintaining lighthouses have been some near confrontations between or other navigational and safety aids.

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CWS employees and U.S. captains, and Moving to Solutions the CWS has from time to time threatened to close the island to visits during nesting In many instances, the artful approach to a season. From the mid-90s to the present, problem is to wait. In diplomatic terms, one U.S. Fish and Wildlife Service and its CWS “manages” the problem and hopes it doesn’t counterpart have issued permits to their deteriorate into something catastrophic rather respective tour boat operators. Canadian than just irritating. Hope centers around the personnel are on MSI year-round with possibility that the problem might resolve itself additional Canadian scientists often present (the “wait it out” approach), the other side during spring and summer months. might forget about it, or a bigger problem Over the past 30 years, each country might make it irrelevant for an indefinite period has sent notes asserting sovereignty and (for example, hypothetically, global warming protesting actions by the other. For example, may raise the seas to submerge Machias Seal U.S. Embassy records showed that the Island and North Rock). It takes a purist to United States protested Canadian action want to solve, rather than “manage” a problem. surrounding MSI in 1984 when Canadians And to be sure, solving or even attempting began ferrying CWS personnel to the island to solve a problem has its own costs. If one to protect the birds. In February 2005, the devotes considerable time and attention to United States protested the building of a boat resolving a problem—even a nagging and ramp by Canada on MSI. There has been clearly identified disagreement—solving little Canadian national or provincial interest the problem may not have been worth the in the dispute. New Brunswick’s disinterest is diplomatic effort unless it is worth that level probably due to the fact that as a Canadian of attention. The level of commitment to bird sanctuary, MSI is managed as a federal the negotiating effort and the time of senior jurisdiction rather than provincial territory. officials are opportunity costs. Doing “A” In 1993 Washington and Ottawa failed to means not doing “B”—and trying to do “A”, reach formal agreement on joint management and failing at the doing—doubles the cost. of the island’s wildlife. The state of Maine’s Frequently failure doesn’t fall into the sanguine congressional delegation is well aware of adage that “it’s better to have tried and failed the dispute, and in the early 1990s, various than never to have tried” category; but rather other elected officials, including then Senator having tried and failed “poisons the well” for Edward Kennedy, inquired about its status other issues while making it doubly difficult on behalf of his Maine colleagues. Kennedy, to resolve that on which one has already with his family summer home in Hyannis Port, failed once. had considerable personal as well as political Given that attitude, a good deal of neglect interest in Maine. But the issue continues to (whether “benign” or not falls into the eye lie fallow. of the beholder) characterizes the level of attention to these boundary problems. But one can argue that problems not addressed indicate weakness in the relationship. When there is a fear that even addressing the

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problems—regardless of the potential for Under a comprehensive treaty approach, positive, mutually satisfactory solutions—will informal suggestion would be followed by a worsen the relationship, de facto the avoidance diplomatic note describing the U.S. plan and worsens the relationship. Permitting “sleeping requesting a response by a specific date, dogs” to lie eventually clutters up the porch e.g., three to six months. Washington would, and trying to avoid them may expend more if necessary, force the action to resolve these effort in the avoidance than kicking all or a problems. few of them. We should anticipate a positive reaction, Bilaterally we have several options beyond the because Canada reflexively prefers “do nothing” position that has characterized negotiations—if only to allow additional our bilateral relationship toward the boundary opportunity to procrastinate once engaged problems that have been described. in them. Moreover, there is the potential for tradeoffs among areas of dispute wherein A Comprehensive Treaty both countries can be “winners,” as well as tradeoffs within specific individual problems. There is something to be said about putting However, if Ottawa rejects the treaty approach, all of the cats and carp, dogs and doughnuts either directly or by failure to respond, we into one kettle of mulligan stew. It may prove should consider asserting sovereignty in delicious; it may be atrocious, but this meal areas of dispute. There are a variety of of leftovers will at least clean out the fridge. points of leverage available either to achieve With that philosophy, the United States a comprehensive solution or to prompt could propose a treaty or other binding individualized action. If Canada refuses a agreement addressing every outstanding comprehensive treatment, it is possible to seek boundary dispute. We could set a sequence ad hoc solutions to each dispute. for addressing the specific issues or permit negotiators to range between them on the Obviously, there are potential downsides: basis that “nothing is agreed until everything is a treaty would require extended time and agreed.” Or we could have a series of “rounds” diplomatic resources to negotiate; it would of set duration during which we would take up need Senate and Parliamentary ratification. one disagreement during a given round. For U.S. efforts to exert leverage could stimulate example, the Gulf of Maine dispute settlement Canadian retaliation in one or multiple areas treaty sets a fixed period for negotiations. The unrelated to boundary concerns—and approach could include a compulsory dispute generate reduced cooperation wherever settlement mechanism should no settlement Ottawa thinks it will serve Canadian benefit. be reached on any individual dispute (or on them corporately). We could agree on dispute Arbitration settlement through the ICJ, as was the case for the Gulf of Maine, or through an ad hoc Arbitration has some obvious advantages. arbitration panel similar in structure to that It permits a “clean hands” conclusion for used by Canada and France to resolve the politicized issues. Ostensibly, it should permit Saint Pierre and Miquelon dispute. Canada to overcome its concerns about dealing one-on-one with the United States on

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territorial issues. Canadians place considerable Nevertheless, a U.S. proposal for arbitration national emphasis on their commitment to could have nuances. Washington could propose the rule of law and a president-to-prime- dividing the disputes into East Coast and West minister, nation-to-nation proposal would have Coast packages for separate jurisdictions. The considerable weight. Ottawa risks appearing United States could propose “all at once” or truculent to turn it down when it has been submit all issues for decision with a commitment so eager for arbitration on topics such as to present them sequentially, as decisions are softwood lumber. Moreover, the preexisting rendered, or by specific dates. Finally, if Ottawa arbitration court judgment on Saint Pierre and rejects a proposal for arbitration, or delays Miquelon should give Ottawa confidence that responding inordinately, Washington could go an international tribunal can provide both legal public either to generate additional pressure or and political satisfaction. justify more vigorous action simply from fatigue over the protracted indecision. For the United States, arbitration could neatly remove the United States from bilateral Individual Action confrontation or tiresome intimations that we are bullying Canada. Anytime they lose, Over the years, Washington has offered to Canadians assume that they have been negotiate or arbitrate the disputes individually. cheated by conniving Yankees. But since the Ottawa has not responded positively to United States has strong legal arguments in these efforts. At one juncture, Washington each dispute, Washington should not hesitate focused efforts on beginning talks on the to push for arbitration. minor, ostensibly less controversial disputes in hopes that Ottawa might subsequently The record suggests that there was an effort agree to negotiate the larger issues. No to move the disputes to arbitration in the dice. There was no progress even with late 1970s. While it is not clear why it was these tertiary issues. Arguably, Ottawa is not successful, in any event, senior actors not entirely to blame. Over the years, the from that generation likely have passed from United States has conditioned Canada to the scene; consequently, that circumstance expect the United States to raise and then and the passage of time permit the current drop proposals for boundary negotiations Canadian government to view arbitration when Canada temporized or delayed. Our as acceptable. Of course, recognizing that “Canada corps” of knowledgeable diplomats anything bilateral was increasingly politicized, remains thin. Canadians must have taken the previous Canadian lessons from Quintus Fabius Maximus, Roman might have preferred anything else rather military leader in 217 BCE. Fabius was given than entering boundary negotiations with military authority following a significant Roman Washington. Having a solid majority following defeat by Hannibal, the Carthaginian military the 2011 election may strengthen Ottawa’s genius. Once in command, Fabius avoided willingness to engage on these as well as battle, attempted to harass and wear down other similarly vexing problems. Additionally, Hannibal—and was labeled “cunctator” Ottawa could mousetrap the Opposition by (delayer) for his tactics. There certainly has proposing to make its team an “all parties” been no Canadian rush to engage. Canada arrangement, forcing them to “put up or shut the Cunctator? up” on the issues.

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But the United States has never insisted on steady-handed. We should exert enough negotiations or used the many leverage points pressure to get the job done, but not be available to force issues. In the grander scale bashful about protecting U.S. interests. of the bilateral relationship, it has been easy There is always a political rationale in election to set aside these individual problems when timing that argues for “later,” but we can more pressing economic or international take comfort in appreciating that we have agendas have elbowed their way to the had tough, even bruising negotiations over front of the queue. Happily, these boundary the Free Trade Agreement (FTA), the North disputes are not Alsace-Lorraine, and lawyers, America Free Trade Agreement (NAFTA), not armies, are the contenders. With little and associated trade complaints without incentive to move on its own and since if you undue damage to the bilateral relationship. don’t play, you don’t lose, Ottawa has simply Nevertheless, Washington should be waited for the United States to shift to other intellectually prepared for a level of effort issues—and it has. commensurate in time and intensity to a NAFTA negotiation or a softwood lumber Indeed, one former State Department Canada dispute. Desk director recalled hypothesizing a stand- alone trade-off between Machias Seal Island Moreover, boundary issues will have to be and the “A-B Line” controversy in Alaska and persistently addressed at the highest levels. British Columbia. Ultimately, it never advanced Following U.S. national elections in 2012, beyond the hypothetical as local interests despite the unchanged presidential outcome, were perceived as overwhelming trade-off there are “new brooms” in Washington and possibilities. Ottawa. And the current U.S. administration looking to “do diplomacy differently” so far as If Washington decides that resolving boundary Canada is concerned could do a lot worse issues is a substantial bilateral priority and than deciding to do the equivalent of a little wishes to do so by direct negotiations rather backyard maintenance by professionally than international arbitration, the United finishing these boundary issues. The Canadian States must devote resources and majority government could well take the energy to do so—including a significant same approach. Consequently, these can be amount of legal support. History has already regarded as basic “housekeeping” problems demonstrated that it cannot be done on the that should be identified on the agendas of cheap with episodic attention by mid-level or both senior leaders, building on the first- even senior officials. term initial ritualistic encounters that created an atmosphere of civil collegiality. After a Washington will have to convince Ottawa commitment by the president and the prime that despite the episodic, on-and-off again minister, the effort for regular monitoring approach of the past, this time it is serious. can be devolved to the secretary of state Following that judgment, the United States and the minister of foreign affairs for kickoff must continue to pursue the topic persistently negotiations and then to standard full teams until the issues are resolved. We must of negotiators. It will probably require a well- convince Ottawa that we will no longer take staffed interagency taskforce prepared for a “no” for an answer. This doesn’t mean being long haul. heavy-handed, but it certainly requires being

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The impetus for negotiations may be spurred resource sharing or the boundary, or at by briefly reviewing the priorities involved with least commit to an agreement to arbitrate. the specific issues. Alternatively, it could prompt Canada to complete its own leasing process and begin Beaufort Sea direct exploration in competition.

The driving concern behind the Beaufort Sea If the United States addresses this dispute dispute is the off shore oil and gas potential separately rather than as part of a comp- for the area. Every media cycle seems to rehensive package, it could use leverage generate a new, semi-breathless prediction of generated from the negotiation to prompt limitless gas and oil resources in the Arctic, Ottawa to sign on to a comprehensive solution e.g., a July 2008 report by the U.S. Geological addressing all disputes. Survey of over 400 billion barrels of crude beneath the Arctic ice. However, because On the other hand, the impetus to resolve of the reality of energy extraction (location, outstanding petroleum and energy disputes location, location, as for any real estate), it may be totally absorbed by the Alberta has been historically difficult for either Canada tar sands issue and the legal battles with or the United States to assert control by environmentalists over the Keystone XL and means other than executing the early stages Northern Gateway Pipelines. Engaging in a of oil and gas exploration leases and then negotiation over oil in the Arctic is sure to holding off on awarding bids. At this juncture, energize hostile environmentalists. Moreover, it appears that both sides have been fairly the potential energy massively available consistent in protecting their positions. through “fracking” may well put interest in high Some steps: cost, high difficulty Arctic hydrocarbons into the deep freeze indefinitely. • The United States could push to complete the leasing process leading to oil and gas Dixon Entrance exploration in the disputed zone. Given the unclear status of the area, there may still Since 1977 the United States has done a be no takers—as has been the case in the good job of respecting and adhering to the past. On the other hand, the decision by Canadian version of the maritime boundary, BP PLC earlier in 2008 to bid $1.2 billion for that is, the “A-B Line.” Nonetheless, the the rights to explore three offshore parcels Canadians have continued to fish in the in Canada’s sector of the Beaufort Sea disputed zone and have on occasion suggests greater interest. And the 2011 harassed U.S. fishers there after agreeing award to Shell for prospective drilling in not to do so. Thereby Canada has asserted 2012-13 in the Beaufort Sea may constitute intermittent control over U.S. waters. If not a bureaucratic as well as a technical contested, the current regime reduces U.S. breakthrough, despite Shell’s technical fishers to sharing the available catch with problems in implementing its drilling and Canada and bars eventual development of exploration. any future hydrocarbon reserves to be found in the area. • by the United States could bring Canada to the table to negotiate either

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Some additional impetus: (USFWS) have resulted in an uneasy modus vivendi and “agreement to disagree.” • Failure to enforce the 1977 agreement However, the United States may want to may erode the U.S. claim. If Ottawa does resist the temptation of accepting the same not address the issue, it should anticipate arrangement for future years. If we maintain Washington will protect the rights of U.S. our current policy on MSI, the potential fishers with U.S. Coast Guard vessels, if exists for future confrontation as U.S. tour necessary, as well as reject the 1987 Ottawa boat operators see their livelihood imperiled. restriction on “non-traditional fishing.” Ottawa has discounted this possibility, but the history of our discussions on MSI suggests • Moreover, Washington can remind Ottawa that only confrontation impels the Foreign that the U.S. position is that the Dixon Ministry to talk. If talks can be instituted, Entrance boundary is the equidistant line both countries presumably will reserve their and offer to negotiate the entire boundary, sovereignty positions, but the birds will including the 200-mile EEZ and the be safe and access controlled, although a continental shelf as part of a comprehensive dispute might technically remain. settlement. Some considerations in moving forward: • Somewhere along this continuum, from enticement to enforcement, Ottawa will • A more proactive strategy with direct U.S. come to the table. Given the sensitivity of management of Maine tour boat operators Dixon Entrance for Ottawa, the Canadian in accordance with conservation principles government may prefer to negotiate a third could mean limiting Canadian access to the party arbitration agreement. Washington island and hiring U.S. personnel to monitor should continue to press for resolution of all access with U.S. Coast Guard support. boundary agreements. • Managing access for U.S. captains does A final resolution should also resolve imply joint management and may weaken the division of the 200-mile EEZ and the the U.S. claim, but equally weakens the continental shelf. The United States must seek Canadian claim. to eliminate future opportunities for maritime boundary disputes. Conceivably resolving the • Such an approach may stimulate the 200-mile EEZ could have beneficial effects Canadians to move past their legal position for all of the boundary problems, although of blithely contending we have no case for one should never underestimate the ability of sovereignty to discuss joint management, those with an interest (and a lawyer) to find addressing the key issues of continued further problems. However, such an approach protection for the nesting birds and access would be further argument to accelerate the for U.S. and Canadian tour boat operators effort to solve existing problems now. based on historical usage. We could then move to a formal agreement, either through Machias Seal Island arbitration or a bilateral accord.

Discussions between the Canadian Wildlife However, rather than allowing events Service and U.S. Fish and Wildlife Services (and legal lethargy) to control the dispute,

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the United States could also exercise its accommodating; indeed, we should make option under the Maine Boundary Dispute such a proposal ourselves. Settlement Treaty. The United States could invoke negotiations (with mandatory dispute A Final Observation settlement) for the extension of the boundary to resolve the remaining dispute over the “gray One might also make the realpolitik judgment area” seaward of the present termination point that “only Nixon can go to China,” that is, of the boundary. that no or Conservative approach to improving relations with the United States Juan de Fuca will be acceptable to the Liberal or New Until the emergence of the MSI issue in 1992, Democratic parties—without cringing U.S. the United States spent considerable effort acceptance of the Canadian position. This working to resolve the microscopic boundary was certainly true with the Conservative difference seaward of the Strait of Juan de minority government. Even the current Fuca. This is a pointless dispute with few U.S. majority Tory government probably would interests directly affected. hesitate to give the Opposition a convenient stick with which to belabor them in the next The true dispute is between the Canadian election, regardless of it being years into the version of equidistance and British Columbia’s future—since no outcome could be regarded apparent version of the boundary, cutting as satisfying to Canadian nationalists. Such sharply toward Washington state. The real BC nationalists continue to denounce the FTA and position on the issue is unknown—it is implied NAFTA that are now almost 20 years in the from positions by previous governments rather past. than one with a clear high-level endorsement from the current government. Some steps: On the other hand, a Liberal government (unlikely as it might seem at the moment) or • Washington may be able to make some even a coalition-of-the-left might be more mileage with Ottawa by a direct approach willing to take up the cudgels—if only from offering to compare satellite maps to belief that they would win. Or at least they determine where the line will be drawn. could win sufficiently to demonstrate that they can deal effectively with the United States. • The United States should insist that Whether they won (or lost) on technical Canada and the BC government sort out points, such a government could spin the their differences on an essential trivial conclusion to political benefit—and the point. The United States should make it would probably just look the other way or, clear beforehand, albeit privately, that the in any event, be less critical of a Liberal or reported BC desire to draw the boundary NDP agreement than the latter would be of deeply south toward Washington state is a Tory accord. Thus the United States might simply unacceptable. conclude to continue its waiting game—for If Ottawa’s real desire is to pull the several years—until eventually the Opposition returns West Coast issues into a single negotiating to power. The prospect of a Liberal or NDP and arbitration forum, Washington should be return is simply a matter of political reality in a democracy—the “outs” return to “in”

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status—and then Washington could maneuver Canadian authorities inclined to temporize to entice, shame, or persuade them into rather than to act. Despite persistent tax negotiations that would finally stamp “paid” on evasion regarding the sale of tax-free these tag-end issues. gasoline and cigarettes from the reserve, U.S. authorities have also declined to grasp But such a put-it-all-in-the-too-hard-box this nettle. Nor, as long as Mohawk violations approach is definitely a second choice and remain financial rather than questions of implicit recognition of defeat. Governments border security, is the United States likely to are elected to solve problems—and these are take action. solvable, mini rather than maxi challenges. And Another Codicil (Inland Waters) A Codicil: The Jay Treaty and the Saint Regis Mohawk Reservation It has been marginally easier to address the problems of internal waters of lakes One exception to the “solve it” maxim is and rivers than international seascapes. the tripartite interlock between Canada, Perhaps that has been the result of pure the United States, and the Mohawk nation necessity; we really must work something out occupying land in Ontario, Quebec, and New when rivers are flooding, lakes are polluted, York. Designed in 1794 to resolve residual “foreign species” are killing off native fishing, border and economic issues left from the and transits through Great Lakes and the 1783 Treaty of Paris, the Jay Treaty (and complexities of the Saint Lawrence Seaway subsequent adjustments and reaffirmations) demand regulation—now. included provisions to facilitate travel between Canada and the United States that ultimately The 1909 Boundary Waters Treaty prohibits have resulted in a judgment that “Native water diversions that have not been approved Indians born in Canada are … entitled to by the U.S. and Canadian governments as enter the United States for the purpose of well as pollution “on either side to the injury employment, study, retirement, investing, and/ of health or property on the other.” The or immigration.” It has been widely interpreted treaty also created the International Joint as permitting unimpeded trade by such Commission (IJC) through which Canada and natives—and there has been the rub. the United States can resolve cross border water disputes. The rub? Both countries must The Saint Regis reservation, also known by agree to invoke the IJC powers. Thus there its Mohawk name, Akwesasne, has become a are gritted teeth exercises—some solved, virtually independent enclave and the source others not—that grind away at the patience of endless smuggling of cigarettes, alcohol, and test the diplomacy of both countries: drugs, firearms, and prospective immigrants. Policing has been indifferent with Mohawk • The Gut Dam Damages. In 1903 Canada, leadership insisting on policing done only by with U.S. permission, constructed the Gut native officers whose “look the other way” Dam (partly on U.S. territory) to regulate attitude implicitly facilitates the smuggling. Saint Lawrence River water flow. U.S. The prickly and more than occasionally agreement posited that should the dam aggressive nature of Mohawks has prompted result in damages or injury to local residents confrontations over native rights, leaving or any U.S. citizens, Canada must pay

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compensation. In 1951-52, waters in Lake Devils Lake waters are polluted and contain Ontario and the Saint Lawrence reached invasive species. Prospective solutions were unprecedented levels, damaging the expensive: filters for Devils Lake water, or property of U.S. citizens. Claims efforts the removal of the “dike” aspects of the began in 1952 with Canada contending that Pembina road to allow water to flow south compensation was limited to Americans to north. directly at the dam site (the time had expired for any claim of damages as of 1908). • North Dakota has claimed that the Pembina Ultimately, in 1965 the Lake Ontario Claims dike constitutes an illegal diversion of the Tribunal was established with its chairman waters as prohibited by the 1909 Treaty. a Dutch official from the District Court And the Canadian plaints about polluting of Rotterdam. In 1968 the United States Lake are risible—the lake is one of prevailed with a judgment that time had the world’s most polluted; water from Devils not expired for claims and that all affected Lake, regardless of filtration, would barely U.S. citizens were eligible for compensation. make a difference. As is normally the case It was an appropriate if limited judgment with litigious neighbors, the issue landed ($350,000 paid to the United States for all in court; however, in May 2012, agreement damages). Getting there was not half the was reached to permit pumping from Devils fun—16 years from the original claim— Lake into the Sheyenne River ultimately with the pleasure akin to taking a bath in a designed to lower the lake’s water level. It washing machine (you get clean, but beaten wasn’t necessary to invoke the preferred up in the process). solution for many Americans—dynamite.

• The Pembina Dike and Devils Lake. Starting • The Great Lakes Water Quality Agreement. in the 1940s, Canadians along ’s Created in 1972 and modified in 1978, this border with Pebina County, North Dakota, is a bilateral arrangement that works— started to build an elevated road that also most of the time, albeit slowly. Its efforts served as a dike to prevent floods from are overseen by the IJC and designed the south from also submerging their farm to “restore and maintain the chemical, lands. Efforts to find collegial solutions have physical, and biological integrity of the remained uncollegial for decades. At one Great Lakes.” The Great Lakes have been juncture, U.S. citizens dynamited portions of the Great Dumping Ground for every sort the dike, ultimately to no effect. of waste and pollutant. Invading species of the “bait bucket” variety and the results of Simultaneously, albeit slowly, the local ships flushing out ballast water from their Devils Lake has tripled in size, inundating tanks are an annual problem. Happily many substantial amounts of U.S. farmland; the of the exotic species are killed each year by lake has no natural outlet. The proximate extreme cold, but others challenge native solution is a diversion that would pass species for dominance. (The agreement water into the Sheyenne River which flows does not endorse “survival of the fittest” but north, ultimately into Lake Winnipeg. rather preservation of local species). Canada rejected the solution, saying that

43 ALTERNATIVE NORTH AMERICAS Unsettled Boundaries

• It is difficult to track industrial wastes and number of nonnative aquatic species have chemical pollutants as they are whisked been introduced into the lakes, none has to the Atlantic Ocean by the high speed established themselves since 2006. currents of the Saint Lawrence River. Their speed reduces the ability of monitors to On many of these topics, U.S. representatives track them and the impetus of violators on the IJC have thought privately that their to reform. Still the most recent IJC report Canadian counterparts talked a better game (May 2013) indicated decreases in many than they played. Canadian antipollution laws older chemicals present in herring gulls, appear stronger in print than U.S. analogues, fish, and sediments from the 1987-2000 but are not enforced commensurately. levels. Conversely, some newer chemicals Nevertheless, ultimately there is win-win have increased considerably in fish during potential for cooperation, and both sides the same period. Moreover, although a have committed environmentalists as representatives.

44 ALTERNATIVE NORTH AMERICAS 3 ARCTIC SOVEREIGNTY— ARCTIC ANTICS

f all of the boundary and border issues self-defeating, and incorrect. And there lies Oin play between the United States the rub: Canada wants something and its and Canada, only Arctic sovereignty and the likelihood of securing it is somewhere between Northwest Passage (NWP) issue reaches any minimal and nonexistent. Periodically Ottawa level of public visibility. It is a “sexy” topic, one plays loud politics for domestic consumption that engages our collective imaginations in the that only generates animosity. old tales of historic North Pole expeditions, the tragic fate of lost explorers (the Franklin Reviewing the Bidding expedition), the search for a Northwest Passage to the Orient, “Eskimos” and dog For centuries the Northwest Passage sleds, and Cold War submarine and anti- issue was irrelevant in all practical terms. submarine operations. That retrospective Europeans, in seeking a route to the Far ancient history is combined with new East that did not require passage around concerns for future history, such as “global the Cape of Good Hope at the southern warming” and Arctic melting, oil exploration, tip , had concluded by the end of and conflicting territorial claims by multiple the fifteenth century that by sailing west claimants. they could eventually reach the east. In so doing, they ran into the Americas. Groping For Canadians, the overriding issue is along the edges of what only slowly became ownership and control of the area—or recognized as a continent, it took them a long “sovereignty”—which is really a two part (land time, in wooden hulled ships without global and water) question. For the United States, positioning systems and satellite photography, it is not an issue and is not regarded as a to appreciate that there was no straight line “boundary dispute.” In simple terms, while the access to the Pacific Ocean. Explorers sailed United States accepts Canada’s sovereignty up the Amazon, up the Saint Lawrence, over the land, the Northwest Passage is up various U.S. river systems (even the international waters, and Canada’s position Potomac), and into Hudson Bay. A lot of men in this regard is simply self-aggrandizing,

45 ALTERNATIVE NORTH AMERICAS tried; a lot of men died. Ultimately, they came years later in 1906 that a Norwegian, Roald to appreciate that by expending substantial- Amundsen, made the first maritime passage, to-enormous effort and expense, their choices and it was another 40 years before a Royal were to cross the Isthmus of Panama (and Canadian Mounted Police (RCMP) ship, the die from tropical disease) or sail around the St. Roch, sailed through the passage in both tip of (and die from storms) or directions in 1944. These were magnificent, work their way across North America, taking indeed heroic, technical accomplishments, their chances with Indians, desert, mountains, but they were not going to provide a practical and distance. Death was not inevitable, but route across the top of the world either for transits were arduous and risky. Was there naval or commercial vessels. From 1906 until any better and faster route, perhaps during 1987, there were only 36 recorded passages summers, in sailing across the northern route? through the straits. Indeed, in 2006 it was noted that little more than 100 ships had The answer—for several centuries—was ever made the passage, including summer “no.” There was no clear, neat (albeit difficult sailboats piloted by adventurous crews with “it and dangerous) equivalent to Cape Horn, passes all understanding” courage. where the continent comes to a distinct end and once around it there is clear sailing Canada’s dispute with the United States in into the Pacific Ocean. Factor in that reality, this regard is now more than 40 years old. In while digging a canal across Panama 1969 the SS , accompanied by two was intellectually conceivable, it was not U.S. Coast Guard ice breakers, made a west- technically possible until the beginning of the to-east transit starting from the Beaufort Sea. twentieth century. Even when completed, Canada was not notified: the three-nautical-mile the canal has limited capacity; the ongoing limit was all Canada claimed at the time. The construction of additional capacity will problem became much more pointed in 1985, still leave the canal limited. Traversing the when the U.S. Coast Guard icebreaker, Polar American continent, certainly before the Sea, transited the passage without Canadian transcontinental railroads were built, was slow consent. Canada was informed and provisions and cumbersome; “prairie schooners” didn’t were made for observers, but Ottawa’s consent carry that much cargo and logistic support for for the passage was not requested. travelers was limited. The result was a classic case of manufactured Thoughts thus traveled northward. For its and politicized outrage in Ottawa—directed part, the northern route was extended and against the new Mulroney government and indistinct; it was filled with huge islands, the equally new U.S. government. That clogged with ice, replete with dead ends. It the national leaders were a Republican was not at all clear that there was a water president and a Tory prime minister was passageway. Any sailing vessel would have to hardly coincidental to the level of Canadian be prepared both to break through ice, and complaint. An anecdotal account of the resist ice pressure on its hull if trapped late Reagan-Mulroney discussion during Reagan’s in the season and forced to “winter over.” It April 6, 1987, official visit to Ottawa has was not until 1854 that anyone transited the Reagan, prompted by Mulroney’s urging, passage, and that explorer, Robert McClure, adding the following text to his address to did much of it by sled. It was more than 50 Parliament.

46 ALTERNATIVE NORTH AMERICAS “The prime minister and I also had a full stopped identifying the waterway discussion of the Arctic waters issue, and as the Northwest Passage and he and I agreed to inject new impetus into began referring to it as “Canadian the discussions already underway. We are Internal Waters”—a bit of verbal determined to find a solution based on aggrandizement; or mutual respect for sovereignty and our B. the waters are “territorial waters” over common security and other issues.” which Canada has legal jurisdiction based on application of straight Such language prompted a 1988 agreement baselines that project into the sea, on the Arctic that separated the consent issue purporting to enclose international from the sovereignty issue. Reportedly, the waters. United States agreed to seek consent from Ottawa; Canada agreed never to say “no.” The consequence of either approach, And that, essentially, is where the problem has according to then Foreign Minister Pierre remained for more than 20 years—what the Pettigrew in an April 2005 speech, would United States has termed an agreement to be to permit international navigation “so disagree. Canadians, when needing a podium long as conditions and controls established from which to fulminate or a straw man to by Canadians to protect the security, incinerate, declare the NWP to be their Arctic. environmental, and economic interests of our northerners are met,” and that Canada The Legalities intended to work to ensure that it exercised control over foreign vessels transiting the Every boundary issue is an exercise in NWP. And it is exactly that level of self-defined lawyering, and the Arctic is no exception. carte blanche that would worry a non- Consequently, there are a variety of rather Canadian. exotic arguments and counter arguments involving inter alia definitions of coast line, the Without attempting to enumerate the geographic spot from which “perpendiculars” legalities, the Canadian case does not can be drawn, where various underwater appear to have any chance of success. No “ridges” begin and end to determine state (nor the EU) accepts the Canadian continental shelf, and the often murky position. Consequently, some nongovernment language of the Law of the Sea Convention. commentators have argued that Canada These permutations defy anyone who is not would be well advised to accept the a cartographer who is also an international international nature of the NWP and lawyer, having devoted a professional lifetime concentrate on assuring its protection from to maritime law. environmental hazards and developing safe, assured navigation for vessels in passage. Thus it would be simplistic to attempt to go beyond the most basic observations. Canada Instead, through various activities of the contends either Arctic Council and the “Arctic Five” (Canada, A. the NWP is an internal strait, akin the United States, Russia, Denmark and to the Ottawa or Rideau Rivers. In Norway) foreign ministers (the Arctic Council this regard, in January 2006, the most recently met in May 2013), Canada Canadian government reportedly seems more focused on creating conditions

47 ALTERNATIVE NORTH AMERICAS that would give it implicit control over Arctic Subsequently, the State Department press waters and operations, such as navigational spokesman was prodded on the status of rules and shipping regulations, potential oil- the NPW and the need for the United States spill environmental cleanup, and search and to request permission to transit the strait. rescue. The May 2011 meeting resulted in an The response was direct and definitive, agreement among Arctic Council countries “We believe it is an international strait. It’s a to enhance search and rescue cooperation longstanding policy of the United States.” in anticipation of catastrophes of the plane crash, cruise ship sinking, or oil spill variety. Nevertheless, Prime Minister Harper has If responsibility for such concerns is ceded to made the Arctic one of his talisman images. Canada, explicitly or implicitly, over time it will Each summer now for eight consecutive build a case for de facto sovereignty in what years, he trudges to the Arctic and makes had previously been international waters. claims, economic assistance promises, and pronouncements. He is channeling earlier Canada’s U.S. Problem Tory prime ministers ( and ), who each made the Arctic The U.S. refusal to accept the Canadian one of his defining political themes. Thus, position on the NWP arose most recently along with plaudits for the Canadian Forces in January 2007, immediately following the engaged in regular training exercises, one Conservative federal election victory but prior hears announcements such as building an to Stephen Harper officially assuming the icebreaker to patrol the region, constructing a position of prime minister. During a discussion deep water port near Iqaluit, and various plans on bilateral relations at the University of for economic development. It is a combination Western Ontario, then U.S. ambassador David of bombast and posturing that sooths Wilkins, noting the traditional differences on Canadian psyches. Canadian Arctic sovereignty, reportedly said, “We don’t recognize Canada’s claims to the And so in 2010, the prime minister declared waters.” But “there’s no reason to create a that “…the No 1 priority of our northern problem that doesn’t exist. We have simply strategy is the promotion and protection had a disagreement over this and we’ve of Canadian sovereignty in the North.” At agreed to disagree. And there’s no reason roughly the same time, then-Foreign Minister now to say there’s a problem…” emphasized that exercising sovereignty in the North is an “absolute This unexceptional statement was seized foreign policy priority.” Comparable words are upon by Harper at a subsequent news delivered annually. conference to distance himself from the Bush administration by wrapping himself in the A Warming Arctic maple leaf. He huffed, “We have significant plans for national defense and for defense The spoon now stirring the witches brew of our sovereignty, including the Arctic,” and in the Arctic is the prospect, projection, he continued that the Canadian government or possibility that “global warming” will takes its mandate from the Canadian people, create circumstances that open the NWP to “not the ambassador from the United States.” significant commercial traffic—at least during the summer. There is a plethora of studies

48 ALTERNATIVE NORTH AMERICAS noting developments such as thinning ice, question whether companies will make the damage to existing infrastructure, rising major investment in more ice-resistant super temperatures, and greater openness in the tankers or container vessels to take advantage NWP that prompt speculation and inspire of a transient and unreliable climatic window. further investigation, research, and study. Or whether the global economy, beset by There also exist studies that call such Great Recession strictures, will recover conclusions into question—but no matter. sufficiently to make such a route attractive in Whether or not climate change or global any realistic near term. warming exists as climatologically accurate fact, it is a political reality to be addressed. Energy Excitement

The potential commercial utility of such a Nevertheless, the prospect of easier and more development cannot be understated. The protracted access to the Arctic and increasing Asia-Europe route is 9,000 kilometers shorter prices of oil, has prompted greater attention than transiting the Panama Canal and 17,000 to potential oil and gas reserves in the Arctic. kilometers shorter than venturing around Cape These reserves are somewhat breathlessly Horn. Increasing energy costs will affect a global described as “up to 25 percent of the Earth’s supply line, and shipment through the NWP oil and gas reserves” and various contenders could be a mechanism to offset rising costs. in the “race” to secure claims are described in horse and jockey terms. So the United States, On the other hand, neither should the not to be left behind, in 2008 budgeted consequences of such theoretical warming upwards of $5.6 million to assemble hardware be overstated. A near-term projection had the and scientific expertise to investigate the NWP ice-free during the summer by 2013, region. This effort is at least mildly ironic but also offers a time-frame range running in that unless the United States ratifies the until as late as 2040. And that is only during a International Convention on the Law of the relatively undefined (but very short) “summer.” Sea (which it continues to decline to do), the Moreover, there are other potential hazards, United States is not legally qualified to make e.g., the elimination of softer, first-year ice a claim. Although there has been substantial might open the way for “old” ice to drift in political support since the convention was and block channels, old ice being harder and agreed in 1982 (and subsequently more than more dangerous to shipping. Arcane studies 150 states including Canada have acceded suggest there is more sea ice now than in to the regime), conservative opposition in earlier, warmer periods—but these analyzes the U.S. Senate has prevented ratification hypothesize problems should warming as of mid-2013. The United States has continue. observed treaty provisions, and President George W. Bush urged Senate ratification Additionally, there could be local congestion in May 2007, but as time expired on the of commercial traffic due to high winds Bush administration, no action was taken. and dangerous currents. It will never be U.S. Secretary of State Hillary Clinton took the equivalent of a Panama Canal passage up the cudgel at her confirmation hearings (and the ongoing construction of a second in January 2009 and there was repeated (to Panama Canal makes an Arctic route even no avail) positive testimony by senior military more problematic). Consequently, one might and political figures in 2012. Presumably,

49 ALTERNATIVE NORTH AMERICAS opponents believe that in the long run, the require comparable recognition from the EU, United States has enough economic and Russia, and other major naval states or those political muscle to assure itself an appropriate with a significant flag-bearing commercial slice of any energy reserves, regardless of fleet. And, thereby, it will be to U.S. benefit in official adherence to the Law of the Sea controlling Russian access to the region. Convention. There are several levels of response. The most Or, perhaps more cynically, they believe prominent and most polite is the “precedence” that just as environmentalists have made argument. Canada is hardly the only state it impossible for decades to drill for oil in with international straits over which they want the Arctic National Wildlife Refuge (the area and seek legal control. If the United States identified for drilling reportedly is the size of recognized Canadian sovereignty over the Dulles International Airport in Virginia), the NWP, countries such as Indonesia (Straits likelihood of drilling continental shelves in the of Malaca) and Iran (Straits of Hormuz) Arctic Ocean is unlikely as well. would demand comparable treatment and recognition of their sovereignty. Other states Thus it was amusing rather than challenging with settled agreements on international when a Russian submarine planted the straits (the Dardanelles) might be tempted Russian flag under the North Pole in August to reopen these agreements. Denying states 2007—a political circus trick that has not such as Indonesia a right accorded Canada been repeated. Equally amusing was a wild would damage our bilateral relations, not to claim by the Las Vegas-based Arctic Oil & mention irritate other major naval powers that Gas Company in March 2008 that the United want to continue enjoying unfettered transit Nations act as the sole “development agent” through all international straits. As a major of Arctic seabed oil and gas, contending global naval power, the United States requires that the region has never been controlled by maximum flexibility in moving naval vessels any country and thus is open to claim. But and will carefully avoid potential restrictions the comic opera buffoonery does illustrate that would be created by recognizing state that Arctic economic potential is or at least sovereignty over what are now international appears to be more real than at any previous passageways. point in history. It will require that the United States and Canada give it sufficient attention Thus, at this juncture, we have the regime to assure adult supervision. that we need: not broken; no fixing necessary. We can move our fleet through international So Why Don’t We Just Recognize waters without question of notification or Canadian Sovereignty? access. No one can gainsay us. Recognizing Canadian sovereignty over the NWP would In discussions of this point, Canadians, gain us nothing except another echelon of whether naïve or disingenuous is unclear, grief and the potential for gratuitous hindrance will ask in effect, “Don’t you like us? Why not bilaterally and internationally. recognize our sovereignty over the Northwest Passage?” Others attempt to argue that But there is another element to the U.S. if the United States recognizes Canadian position; one that is less polite, and sovereignty, it will give Ottawa leverage to consequently unmentioned. At base, the

50 ALTERNATIVE NORTH AMERICAS United States does not trust the Canadian And there have been proximate illustrations government to provide total, instant, unfettered of Canadian willingness to interfere with U.S. transit for U.S. naval vessels. Perhaps that maritime rights. would not be an issue with this government or with that government, but are we willing to Although it is virtually lost in Canadian history, bet that the Canadian government in 2020 will the U.S. Navy remembers the effort by British be as accommodating? Not if you are a naval Columbia’s NDP government in 1999 to deny commander in the Pentagon making war plans. U.S. submarines (which were, indeed, nuclear powered) access to the Nanoose torpedo To sketch a scenario, imagine the following. testing facility. The Canadian government A crisis in Asia, perhaps on the Korean expropriated the base to prevent interference; Peninsula or in the Taiwan Strait, requires however, it was returned by action major naval reinforcement for its sequester- to the province in 2002, leaving its status reduced Pacific fleet from East Coast or unresolved. Mediterranean-based naval vessels. It is summer and the NWP is open—but the Likewise, a Conservative Canadian MP in April Canadian government is a Liberal (or NDP) 2006 claimed that the federal government minority dependent on the Opposition to could prevent U.S. tankers from transiting remain in power. Or the government is in the Passamaquoddy Bay in New Brunswick to midst of an election campaign when U.S.- reach a port in Maine. He contended that bashing is irresistible. And the government there was the prospect of accidental spill by either loathes the Washington regime or liquefied natural gas tankers transiting the cannot chance being labeled Uncle Sam’s strait. However, going to prospective facilities toady. Perhaps it disagrees with U.S. in Canadian ports (an observation others objectives and rationales for military action; might conclude had crass commercial motives there has been no UN endorsement of rather than elevated environmental concerns) U.S. action. So Ottawa prevaricates when would be a perfectly splendid idea. responding to a U.S. request for innocent But the point is made. Canadians have been passage through the Canadian territorial quite willing to exercise political or other waters of the NWP. Ottawa doesn’t say “no,” rationales to prevent innocent passage by but insists that it has profound concerns U.S. vessels. over radioactive pollution of the environment from U.S. nuclear-powered warships. Or it professes deep reservations over potential Moving Forward oil leakage from accompanying tankers. Or it is concerned over the effects that these It is probably too much to expect that Ottawa vessels will have on the polar bear habitat. will back away from its sovereignty claims over And it constitutes a parliamentary committee the NWP; it has invested too much political to review and study the issue. (Perhaps credit in the argument. It would probably sotto voce Ottawa will say “Remember the take a “Nixon goes to China” level of political Keystone XL Pipeline.”) Can anyone say that courage to face the reality that the NWP is such a scenario is impossible? not and never will be subject to Canadian sovereignty. To date, it has simply been too

51 ALTERNATIVE NORTH AMERICAS easy a platform for nationalist bombast to Concurrently, however, it would suggest a be abandoned. Indeed, it was probably only maturing bilateral relationship for Ottawa by advancing the commitment to defend the to cease arguing the unarguable with Arctic sovereignty claim in its 2008 “Canada Washington. Instead, there is recognized utility First Defense Strategy” that the Tories hoped in combined bilateral (and multilateral) efforts to avoid the axiomatic changes by the to map the surface and subsurface terrain of Liberals, the NDP, or the Green charges that the NWP and its hydrology comprehensively. any military spending is too much. The area needs more in the way of navigational aids, regardless of who is using Canadian defense officials then projected the passage. In that regard, a July-August that Canadian Forces are going to assert 2010 surveying and navigational exercise sovereignty over the region with three new was designed to update charts in 350 square armed icebreakers and a variety of coastal miles in the Bering Strait. The effort resulted vessels. A skeptic might respond that these in new charts for the strait for elements of the icebreakers (reportedly a $1 billion each) are Arctic in 2012 and 2013. These are not even as likely to join the Canadian Navy as Brian spit-in-the-ocean advances as the National Mulroney’s nuclear-powered submarines. Oceanic and Atmospheric Administration And as of mid-2013 (with Canadian Forces has identified 38,000 square nautical miles anticipating budget cuts and the Navy as survey priorities. Additionally, the oft- desperately in need of vessels that are not ice suggested chain of underwater acoustic breakers), the prospect for such massively sites to chart submarine transits would expensive vessels appears minimal. But a certainly be useful. Satellite photography will touch of reality appeared evident for the surely be helpful, and sharing arrangements summer 2010 Arctic naval exercise, which would benefit all concerned Arctic countries. included U.S. and Danish navies, without Likewise, there should be protocols for search argument over the NWP sovereignty issue. and rescue building on the May 2011 Arctic Council agreement—before a disaster results Nor is the issue likely to be affected by in circular finger-pointing over who-should- the “born again” position of former U.S. have-done-what-and-when. There can also Ambassador Paul Cellucci, who suggested be useful, globally beneficial registration in 2007 that the United States should “take procedures for ships planning to transit the another look” at Canada’s claims. In his NWP and laying out prospective shipping account of his diplomatic tour in Canada lanes both east to west and west to east. (Unquiet Diplomacy), he mentions the Arctic Whether these exercises require a formal as part of an area visit and muses briefly on body on the level of the International Joint “global warming,” but has nothing to mention Commission that has managed U.S.-Canadian about the NWP. boundary waters is another question; one In short, there is no benefit to the United suspects that still another bureaucratic States—and much potential disadvantage—to structure would just complicate rather than recognizing Canadian sovereignty over the resolve such questions. The March 2010 Northwest Passage waters. It is a right that suggestion by Canadian Tom Axworthy, the United States has under international law president and CEO of the Walter & Duncan and one that it will retain. Gordon Foundation, to create a permanent

52 ALTERNATIVE NORTH AMERICAS secretariat for the Arctic Council is illustrative than solely Canadian funds? One still can of such thinking. It is preternaturally Canadian be skeptical whether Canada will ultimately to “solve” a problem by forming a committee. provide go-it-alone funding for a facility that will doubtless be more expensive than now Nor was it particularly useful for Canada to believed in an era of budget reductions. Such have demanded that all ships over 300 tons could be the equivalent of the Antarctic base entering its (claimed) Arctic waters register with international sharing of expenses, while with Canadian authorities as of July 2010. not questioning Canadian sovereignty over Indeed, such a requirement may simply have the base. One prime candidate is expanding accentuated the obvious: Canada has no facilities at Resolute Bay, which currently has means of enforcing such an ukase against any limited but useful military and communication vessel that cares to ignore it whether warship facilities. Conversely, the suggestion has (including submerged submarines), passenger been raised that exploiting existing although liner, sail boat, or merchant craft. abandoned facilities in Churchill would be more efficient than building new infrastructure. Could one hypothesize international funding for the Canadian Arctic base projected in the But nobody is rushing this fence; the costs are 2008 Canada First defense program rather astronomical and the immediate needs are not.

53 ALTERNATIVE NORTH AMERICAS 4 IMMIGRANTS AND REFUGEES

he corollary to the question of border To be sure, Canada and the United States are Tsecurity is that of immigrants and nations of immigrants. With the exception of refugees. approximately 1.17 million Native Canadians (circa the 2006 census), the country is To restate the obvious: there is no question composed entirely of immigrants and their that Canadian attitudes and practices toward descendants. Somehow that rather mundane immigrants and refugees affect the United fact—that the majority of Canadians have States—and vice versa. However, Canadian come from some other part of the world practices in these areas are already viewed as and do not expect to return there to satisfy inadequately cognizant or appreciative of U.S. the desires of Native Canadians who would interests, and Canadian attitudes can easily prefer all non-aboriginals to depart—has be interpreted as hostile. been extrapolated into a sense that Canada should be open to virtually any and all who On the one hand, secure borders along with seek to live there. That attitude, combined appropriate identification for those seeking with a sense of guilt by fortunate Canadians, to enter a country and remain within it has left them with a system for immigrants legally are an essential element for deterring and refugees that is open to exploitation. It terrorists and criminals. On the other hand, is a system that so extensively empowers these borders provide legal immigrants and immigrants and refugees within the Canadian legitimate refugees with assurance that their legal system as to make the process ludicrous rights will be protected. to an outside observer. Nothing is more disheartening to those Currently, there are more than 6.5 million immigrants and refugees who are attempting immigrants living in Canada or almost to operate within the parameters of the system 20 percent of a population of more than than to see individuals who have “jumped 34 million (according to a July 2011 CIA the queue” or “gamed the system,” profiting Handbook estimate)—the highest percentage from their illegality, official incompetence, or in 75 years. A 2006 statistic by Human misplaced political correctness. Resources and Skills Development Canada

54 ALTERNATIVE NORTH AMERICAS Immigrants and Refugees

noted both that 19.8 percent of the population most immigrant-friendly Canadian would was foreign born and nearly two million (6.3 admit one can have too much of a good thing, percent of the population) had arrived during and a recent poll indicated that four of five the previous decade. And a 2013 CIA World Canadians either want immigration levels to Factbook statistic listed Canada with the remain the same or decline. ratio of inflow to outflow that is the highest in the Western world. Canada had the world’s But Canadians might want to question the highest per capita acceptance rate for basic assumptions regarding immigration immigrants—with more than 260,000 in 2011. before plunging ever more deeply into And officially there are plaints that Canada implementing the conclusion that more needs even more immigrants—some arguing immigrants are needed or even useful. Many of that Canada should accept a million per year, the economic models historically were based four times its current rate. on the expectation that by age 65 an individual would be “worn out”—truly physically incapable One must wonder about that judgment, which of significant further economic effort based on seems to have been accepted on its face a working life of 45 to 50 years of hard labor without serious, critical examination. At the in construction, farming, mining, and industry. minimum, it continues reflexive “old think” so Work was hard, brutish, and long; the pure far as economics is concerned. Ostensibly, physical damage to bodies was not reparable Canada’s need for immigrants is designed as it might be now. These were jobs and on economic models that postulate declining working conditions in which few would wish to prosperity unless the country builds an ever continue even if physically capable of doing so. larger population. In this construct, prosperity Work was not “fun.” is driven by population as more people contribute financially to the gross national That is not the case as Canada moves product. Since Canadians have declined more deeply into the twenty-first century. to produce the progeny that would expand According to a January 2008 poll, more than the population at such a desired rate, the 80 percent of Canadians do not wish to conclusion has been that one must secure retire—a preference expressed well before larger numbers of immigrants to come, live, realities of the Great Recession may have work, and procreate. These individuals will converted a preference into a priority. The provide taxes and entrepreneurial economic desire to continue working was not purely activity to sustain the wide range of social financial, but social and psychological as well. services that Canadians have come to expect Advancing technology, notably computers, from both living longer and declining to have permits unprecedented location flexibility the children who might have support them in for many twenty-first century workers and old age through tax-funded social services if creative personnel management allows not directly or personally. working arrangements far different from the traditional 40-hour workweek. This result Those who question that paradigm are suggests that today’s work-a-day world depicted as “nativist,” “racist,” or just anti- is nowhere near as onerous as it was for immigrant, and implicitly in denial of the parents and grandparents. Technology and historical reality that they or their forbears modern manufacturing also have vastly were once immigrants. To be sure, even the reduced the physical burdens of work—and

55 ALTERNATIVE NORTH AMERICAS Immigrants and Refugees

commensurately reduced the need for the reduced need for immigration and permit “hewers-of-wood and drawers-of-water” older Canadians to continue to work as they type immigrants that were virtually beasts of desire—part or full time—without reduced burden with an elementary-school education. productivity on their part. That approach Moreover, increases in productivity resulting would suggest that a larger population isn’t from steadily improving technology will necessary to generate wealth (or pay more permit a static or very slowly growing and taxes). Wealth, both personal and societal, aging population to continue to live at a high can come from greater productivity throughout economic standard. a working lifetime as well as making that working lifetime longer. The motto should be Economists have argued for years that “Smart Immigration” or “Not more, but better.” Canadian productivity lags behind what it should be achieving and certainly behind that A Pro-natalist Policy of the United States. Although well below U.S. levels during most of the last decade, Canadian productivity sagged during the Another approach is renewed attention to Great Recession, but significantly improved a “pro-natalist” policy. If women are having in 2012, relative to its competitors if not fewer children, the government can adopt in absolute terms. Nevertheless, Canada policies to encourage childbearing. The has relied too long on its natural resource observation is simple, but not simplistic. exports and a low-valued Canadian dollar Indeed, such a policy may well be necessary, to drive its economy and attract investment. not only in Canada, but in other Western The current and ongoing surge in the value states, since for the first time in history, of energy exports and the open-ended near pregnancy is a matter of choice—the woman’s term global need for Canadian energy have choice. This phenomenon should not be increased the value of the Canadian dollar overlooked or underestimated. “That was frequently to parity with the U.S. dollar. This the way it was,” and religion, society, and point is bewailed by Canada’s tourist industry limited scientific knowledge reinforced that and lamented by manufacturers, but offers reality, making it a virtue. To be sure, there a unique opportunity to upgrade Canadian have always been small elements of societies productivity by cheaper imports of the most that have practiced birth control effectively. advanced technology and training. It also Only since the invention of “the pill,” RU-486, attracts the very best immigrants with the and an ever-expanding spectrum of other anticipation of high salaries, and retains sophisticated methods of contraception, the “best and brightest” among Canadians. including “abortion on demand” that is safe All too often Canadians have moved south and effective, has childbearing passed from not just for more money or winters that you chance to choice (assuming normal fertility on don’t have to shovel, but for the chance the part of the couple). Society-wide familiarity to work with cutting edge technology and with effective contraception combined with “A-Team” personnel. Obtaining such improved the rising age of marriage and significant technology will result in developing more divorce rates have meant a decline in the R&D niches of excellence as well as higher birthrate for Canadians. productivity. Such a combination will mean Moreover, if childbearing is now by choice

56 ALTERNATIVE NORTH AMERICAS Immigrants and Refugees

rather than by chance, there are many factors social and cultural developments have borne that weigh against it. Even the most devoted out the underlying preference not to have parents (or single women contemplating children. A serious basic question for a couple having and raising a child alone) appreciate contemplating marriage is, “Do you want to that children are endlessly demanding and have children?” And more than one man has expensive—indefinitely. Juxtaposing those broken off a relationship because the woman who desperately desire children for historical did not want children. Indeed, the reality or social reasons, there are those who say has been that an increasing percentage of “thanks, but no thanks” to the opportunity. educated women defer or deny childbearing For a woman, pregnancy is uncomfortable, until the point where no more than one child exhausting, and (very) occasionally fatal. (at most) is conceived. And, equally honestly, not all children, either natural or adopted, are commensurately Consequently, while it may not take “a village” rewarding when balanced against the or even a traditional family to raise a child sacrifices associated with them. The costs successfully, it does require time, money, and in time, money, and opportunities foregone commitment. Canadians should be having during child-bearing years are “sunk,” while their own children—not attempting to globally the rewards are psychic, societal, and often outsource their population procurement long-deferred. Or, again with brutal honesty, requirements. Indeed, Canada may want the rewards may never arrive—and the to examine just how much generating each concerns associated with being a parent additional child from its current stock of never end. On the other hand, the benefits of citizens would “cost” in financial terms versus not having children are immediate and at least the expenses for creating a successful, relatively long term, e.g., the chance to pursue socially contributing immigrant (including the a desired career for which preparation has impediments of also absorbing aging senior taken many years of education and training, members of an immigrating family whose or to use the money from a career for material contribution to Canada will be minimal when consumption and personal pleasure, or to compared with what they might extract from maintain individual freedom unrestricted by Canada’s economy). parental responsibilities. The semi-humorous Presumably, those Canadians from whom the comment that “true independence comes additional children could be encouraged or when the last child moves out and the dog induced would not need layers of complex dies” applies only to parents—at least insofar “reasonable accommodation” by society, as having the children reach the stage where and consequently some of the financial and they are “off the dole” in terms of requiring a societal costs associated with immigration parental subsidy and no longer living in the would be eliminated. For example, it was parental basement or spare bedroom. not much longer than a generation ago that Some years ago, an admittedly unscientific Quebec fecundity was demographically poll indicated that 70 percent of parents noteworthy, and Quebeckers intimated that would not have had children “if they knew a “revenge of the cradle” would generate then what they know now.” It was a stunning greater political power. Also unnecessary revelation at that time, but subsequent would be language training (provided at home

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by citizens with knowledge of at least one of immigration. Nor can the strengths official language), and the various social and associated with a diverse multiracial, political instructions necessary for immigrant multiethnic, multicultural, multi/multi society success in Canada would be the Canadian that reflects global demographic differences norm for children born to citizen parents. be discounted. A monochrome society— Essentially, every “locally produced” additional whatever its color—can be both dull and Canadian is one less immigrant necessary. insular. One musical instrument does not make much of an orchestra. To be honest, pro-natalist policies have mixed results. Even in relatively controlled Likewise, however, it is hard to argue that societies such as Singapore, it has been the abiding racial challenges faced by the difficult to find acceptable mates for high- United States both currently and virtually from achieving women. The combination of its inception are not the consequences of financial incentives and social acclaim (“Hero misguided, profoundly immoral immigration Mother”) has been discounted and smacks policy. We do not think of slaves as more of dictatorships than democracies. “immigrants,” but forced immigrants they Nevertheless, they have not been attempted were. Slavery virtually destroyed the United systematically within sophisticated modern States; there were more casualties in the society, although is venturing into Civil War than in any other U.S. war, and it such a program. Canadians could effectively reverberated for almost a century throughout experiment with expanded tax credits; direct, the U.S. sociopolitical spectrum—probably increasing financial payments for every child; until the last Civil War veteran died. Its extended periods of maternal and paternal twenty-first century consequences are leave; full public child care or compensated reflected in multiple societal shortcomings home care; and other creative incentives, (economic, educational, and medical) among e.g., have more children and retire earlier African American citizens. And the current than coworkers who are childless by choice; presence of more than 11 million illegal and provide free university tuition for a third child. primarily Hispanic immigrants is our next Under such a regime, Canadians might find socioeconomic challenge, with potentially the costs of “growing their own local produce” equally divisive and potentially disastrous to be quite competitive with imported goods. political, educational, linguistic, and racial Perhaps such policy could be viewed as a undertones. Elements of this problem are demographic twist to the “buy locally” green being played out increasingly loudly and economic campaign. angrily along our southern border, epitomized by Arizona’s plight in early 2010 with 500,000 The Role of the Immigrant illegal immigrants in a population of six million as the proximate case. The issue, verging on crisis, has prompted vigorous The foregoing is hardly to argue that efforts throughout many U.S. southern Canadians should eliminate or even radically border states to create legal and physical reduce immigration. When my spouse, in- mechanisms to counter massive illegal laws, children, other relatives and associates immigration. The politics are being fought were born outside the United States, it is in the courts juxtaposed against a grinding impossible to be indifferent to the value

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federal effort to create legislation that will both decreased, only 32 percent of Canadians effectively control the border and create a adopted that position. On the other hand, a path to “legality” for the illegal millions. This June 2007 poll suggested that 58 percent unpleasant circumstance is one in which of Canadians agreed that it was a higher the “beaver” could profitably learn from the priority to encourage minority groups to try “eagle.” The baseline lesson for Canada being to change to be more like most Canadians that a state that does not control its borders (versus 38 percent who believed it was has lost its sovereignty. incumbent on Canadians to accept minority groups and their customs and language). Canada has made a virtue out of a necessity. And most recently, the annual Citizenship and With “two founding nations,” no dominant Immigration tracking survey of 2012 indicated culture, and an unwillingness to force that only 40 percent thought immigration had assimilation on French speakers in fortress a positive effect on Canadian culture—down Quebec, Canada can never realistically seek 16 to 18 percent from the 2010 poll. As the to be a “melting pot.” Thus the struggle to polls do not identify or differentiate between make the cult of “mutlicult” work is akin to immigrants and nonimmigrants among having all of the instruments in an orchestra the respondents, this may be a flaw in the at least familiar with the musical score being methodology. played. When there are willing musicians and a strong conductor, the results are globally Polling has persistently indicated that when instructive; when the country doesn’t enjoy informed of the number of immigrants, this happy combination, the cacophony is respondents change significantly from equally instructive. “the right amount” to “too many.” In 2008 comments, Jack Jedwab, now director of Attitudes toward immigration are in constant the Montreal-based Association for Canadian flux; essentially they are driven by economic Studies, suggested that the response to imperatives. It is obvious: when times are the question regarding whether there was a good and the economic pie expanding, consensus on immigration levels in Canada immigrants are welcome or at least tolerated. “depends upon the percentage that is used When times are not, any immigrant with a job to define consensus.” Separately, he noted is deemed to have obtained it at the expense that the desire to restrict immigration rises of a citizen. Even the most technically skilled when the exact number of immigrants settling immigrants are viewed skeptically. And if an in Canada is made known to the respondent. immigrant is jobless, the popular view is that And in a 2013 poll, 70 percent supported supporting him at public expense is a waste limits on immigration, and 49 percent believed of money. Canada should only accept immigrants from countries “which share .” On a general level, a variety of polls in earlier years indicated Canadians were Canada also has the particularized problem more welcoming to and willing to accept of addressing immigration to Quebec immigrants than most countries. Although separately from the Rest of Canada. Without an observer can cherry pick polls, a 2004 belaboring the point, Québécois are protective poll recounted that while 56 percent of of the primacy of the French language and U.S. respondents wanted immigration

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their distinctive francophone culture. They safety net, and creates circumstances where are permitted to pick immigrants coming its own most qualified professionals depart to Canada on a provincial basis and seek for other lands. When Canada is particularly in particular those with French language unfortunate, it creates circumstances in capability. On the other hand, throughout which individuals enter the country illegally 2009 there was a major debate, starting or on spurious rationales, “burrow in,” and in the province but redounding across the deliberately create personal circumstances country, over the elements of and limits to over time that make it highly difficult, if not “reasonable accommodation” for immigrants impossible in practical terms, to return them in Quebec. Although a subsequent panel to their countries of origin. with distinguished participants (including the brother of former separatist leader Lucien When unemployment figures were near Bouchard) even-handedly reviewed the issues, historic lows (as of late 2007-early 2008), the results really satisfied none and bruised the question of illegal immigrants taking both immigrants and Québécois. the jobs from qualified Canadians was less Newer arguments of recent years appeared pointed than in the United States, although to call for a slight reduction in immigration to this fortuitous circumstance did not survive Quebec with a “breathing spell” to manage the economic downturn that drove U.S. present numbers; however, Quebec planned to unemployment higher than that in Canada. accept record numbers of immigrants (51,200 Although Canadian unemployment was to 53,800) in 2012 with comparable numbers several points below that of the United projected for 2013-14, despite almost 40 States, the Great Recession still left masses percent being unable to speak French. of autoworkers in Ontario jobless and even blunted the Alberta oil and gas boom. What is desired by all advanced societies Nevertheless, the “jobs question” ultimately are “boutique immigrants”—those who form remains primarily one of salary and wages. It the upper 10 percent of any society with is not that Canadians will not do the jobs in their advanced technical skills in science, agriculture, construction, domestic service, engineering, medicine, business, finance, and food services, etc., and thereby require comparable disciplines. These are regarded immigrants to do the jobs. The point is that as largely portable skills—“iron rice bowls” Canadians do not want these jobs at the that can be taken anywhere and practiced pay they are offered. An alternative question profitably for self and society. When Canada is might well be whether these jobs really need fortunate, circumstances (personal, political, to be done? economic) prompt such exceptionally qualified individuals to seek fresh opportunities Immigration System in Flux outside their native country and in Canada. after Massive “Reset” When Canada is unfortunate, it attracts the less qualified immigrants and provides fewer opportunities to them than their skills And what is Canada doing? would permit. It opens the doorway to such To be sure, Canada does not have the crisis immigrants to “reunify” unqualified or elderly of massive illegal Hispanic immigration that family members who exploit the national social has beset the United States. But the numbers

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of nonimmigrant visitors to Canada are very post-entry monitoring as employers are not large, and the controls on them are feeble to required to report on these workers. Finally, in nonexistent. Reportedly more than 35 million 2012, more than 100,000 student visas were people visit Canada annually—more than issued. Although admission is conditional the country’s total population. For example, on acceptance at a recognized educational almost a million visitor and tourist visas were institution, health and security checks (other issued in 2012—and more than 50 countries than having 29 third world countries provide including the United States (but no longer biometric information) are not mandatory, and Mexico as of July 2009) were exempt from students are not monitored subsequent to obtaining visas. For these tourist visa visitors, entering Canada. as well as the huge numbers of exempted visitors, health and security checks are not The 2008 “Canada Experience Class” program mandatory, and they are not monitored is designed to admit those with Canadian following entry into Canada. university education and temporary workers with high skills without requiring them to return Needless to say, some simply do not return to their native countries to apply. Canada home, and work and live on the margins of the was slow out of the starting blocks, issuing “gray market.” And, to be sure, others move only 2,500 visas in 2009, but subsequently illegally to the United States where submerging has been regarded as highly successful with in a larger (climatically warmer) society is easier. 20,000 total issuances by early 2013 and a goal of issuing 10,000 visas during the year. Over much of the past decade, Canada This approach is at best a partial answer admitted between 221,000 and 262,000 as it will exclude the ever rising masses immigrants per year (247,202 in 2008 but of temporary workers who arrive without more than 280,000 in 2010—the highest educational qualifications or clear capability in figure in more than 50 years—and at least one of Canada’s official languages (reportedly another 260,000 in 2011). The objective is more than 26 percent of new immigrants do to admit 250,000 per year, a figure that has not know either official language). been rather slippery on an annual basis. Additionally, there were more than 213,000 The potential problems with these temporary foreign workers admitted in disparate categories are obvious. Many 2012—total temporary workers in Canada of the “temporary” workers and students rising to 330,000 by mid-2013 (NAFTA, Chile, find Canada congenial, and chafe at the and certain professions were exempt from requirement to return to their native countries requiring a positive Labor Market Opinion to apply for landed immigrant status. The before entry). temptation to “fiddle” the system and manipulate the rules for returning is perfectly Following a scandal wherein Royal Bank human, albeit self-interested; however, the was importing Indian workers to replace damage to the system itself by delaying or Canadians (who were directed to train their denying entry to other qualified prospective replacements), as of mid-2013 employers immigrants—reportedly numbered 850,000 to were required to check locally for workers; one million who were in the queue before the the restriction is regarded as trivial by government draconically shortened the list by Canadian unions. Again, health and security fiat in June 2012. checks are not mandatory and there is no

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Immigration 2013: Latest and racist since more than 80 percent of those Greatest eliminated were from Asia, the Middle East, and Africa. One might imagine the thoughts of those who had played by the rules and Canada’s immigration system is constantly not attempted to end-run the regulations by in evolution with considerable debate “overstaying” a tourist visa. The courts ruled raging over whether the system should that the government had the right to manage maximize access for the intellectually “best the immigration system. The government and brightest,” those with solid blue-collar remains somewhat defensive, noting that craft skills (plumbers, carpenters), those it intends to maintain about one-third of its having personal ties in Canada for “family immigration intake for family reunification and reunification,” or other criteria. Thus there refugees. are various point systems devised to weigh education, language skill, health, age, financial Nevertheless, the traditional immigration status, etc., to attempt to bring to Canada was unsatisfying and no longer working. It individuals who can hit the ice skating (so to remains problematic whether the reset will speak) and quickly become prosperous at the provide a satisfactory result or just generate level of indigenous citizens. new nuances of frustration. Canadian immigrants historically reached an economic In early 2012, Ottawa moved to create a level comparable with native-born citizens in “just in time” economic-focused immigration relatively short periods (immigrants arriving in system. It eliminated from the queue all the 1970s took 10 years to reach or exceed those who had registered prior to February income levels of people born in Canada). 2008, creating a new paradigm requiring Such no longer appears to be the case. The applicants to express “interest” and then be judgment in 2008 was that by the end of the evaluated extensively prior to being offered 1990s, those in Canada for 10 years were still a visa. Ostensibly, this approach will more earning less than 80 percent of native-born carefully match the skills of applicants with the Canadians. Another study in 2011 indicated economic opportunities available in Canada. that while immigrants paid more than $10,000 One positive factor appears to be plans to in taxes, all Canadians paid more than evaluate the professional credentials of those $16,000 with a net cost per immigrant of claiming professional expertise (doctors, more than $6,000, and a total societal cost of engineers, etc.) under controlled conditions between $16.3 and $23.6 billion. outside Canada. Another element is that the “pool” of those “interested” will be regularly The reasons for this lag are as much debated flushed out, an approach designed to prevent as are the parameters for immigration, recurrence of the previous backlog. and the effects of the Great Recession are likely to accentuate the economic problems As one can imagine, the screams from those of immigrants. One popular explanation who had lost their place in line and faced has been the argument that highly skilled starting over were deafening (and heart- immigrants such as medical personnel, rending). There was an immediate class engineers, and the like, are forced into low action suit seeking to reverse the decision, paid position such as driving taxi cabs or with predictable claims that the action was

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washing dishes because they are unable material, admittedly not reviewed in 20 years, to obtain professional certification under and passed with high scores. The exams are not stringent Canadian regulations. The intimation that hard, but at least one of the two radiologists is that various “closed shop” professions cited above was not board certified. deliberately erect unnecessary requirements to prevent new “outsider” entrants (or at least And an observer might note that the considerably slow their entry) and thus limit combination of the Great Recession and competition. horror stories such as the Saskatchewan and New Brunswick radiologists blunted Presumably such can be the case in specific the intensity of fulminations by media and instances; one can always find idiosyncratic immigrant advocates to grant quick validation sad sack cases eager to advance their for the credentials of foreign-born technical particulars to the media or to the public. experts. Abstractly, however, one must wonder just how qualified these theoretically qualified In the longer term, it might be more cost professionals really are. The quality of medical effective to expand Canadian medical schools training outside Europe and North America can steadily, consider reducing the extent of be seriously questioned. If applicants cannot the undergraduate curriculum necessary to pass the Canadian certification tests, should enter medical school, significantly increase Canada dumb down its standards? And just compensation for Canadian doctors (all what would be the public outcry should a too many of whom depart for the United “doctor” with marginal skills fatally mismanage States), and offer serious financial incentives a patient’s medical problems? One recalls the for those Canadian doctors resident in the pair of immigrant radiologists in Saskatchewan United States to return. If slots are lacking in and New Brunswick whose work was judged Canadian medical facilities, the government to be grossly incompetent in 2009, and might consider funding talented students in upwards of 100,000 patient imagery exams U.S. medical schools. Ultimately, however, required further review after various egregious there is also a moralistic question whether errors came to light. Such radiology problems Canada should raid the rest of the world of its have occurred elsewhere. They are hardly medical talent; again, investment in Canadian the only problems, merely the most blatant medical schools and training would alleviate examples of immigrant ineptitude. such questions. There is, moreover, no need for the prospective terrors of two-tier medicine To be sure, the professional certification to be part of this debate. examinations are challenging. But more than 30 years ago, a senior Belgian academic Immigration Fraud medical researcher sought to enter the United States on a program that included work on Getting to Canada is akin to winning a global monkeys. The United States required that he lottery; if normal immigrants work as hard in pass U.S. medical board exams to assume Canada as they worked in their homeland the fellowship. And, indeed, the Belgian was just to stay alive, they will live in what would puzzled. Pass the medical exam just to work have been luxury for the country of origin. And on monkeys? But with a shrug, he restudied live in personal safety with no likelihood of political or ; sons will not

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be conscripted into military service; daughters Case resolved? Well probably not, as Chinese not raped by marauding gangs; homes not immigrant fraud for U.S. visas has been invaded or looted, and property unaffected by historically high, with document manipulation, roving arsonists. Canadians should appreciate faked x-rays, false blood typing, and other how rare is this circumstance and how much creative illegality. So intelligent and innovative of a benefit Canadian citizenship bestows were some cases that one might almost on the immigrant. Bluntly, the benefit to the believe they should be given visas for sheer individual immigrant is greater than the benefit brilliance; however, it was still illegal—and one to Canada—and Canadians should not hesitate must assume that Canadian visa officials have to make this reality clear to any immigrant. been comparably duped. If, for example, you do not personally control the x-ray screening, Although how Canadians determine who the financial incentives for supplying false qualifies for a visa is ultimately a Canadian documents can be overwhelming. And never concern, historically Canadian consular forget that societal constraints against lying officers have been astonishingly naïve. A to “outsiders” are virtually nonexistent in most U.S. consular officer in recalled a foreign societies. generation ago rejecting a number of Haitians requesting visas. The requests were obvious The Illegals frauds: inter alia, the sewing of the “passports” was done by hand, and the likelihood of The number of illegal immigrants in Canada is the applicants returning to Haiti once they illusive; after all, that is the definition of illegal were in the United States was non-existent. activity and individual perpetrators—they Having been turned down, the Haitians were do not stand around politely to be counted, overheard by the U.S. consular officer saying and illegal residents are not anxious to be that they would now try the Canadian embassy. identified and enumerated in any national Alerting the Canadian consular officer that census. In late 2007, Professor Peter some obvious Haitian frauds were headed in Showler, director of the Refugee Forum at his direction, the response was a disdainful, the , estimated that the “We don’t get frauds.” number of illegal immigrants in Canada ranged between 35,000 and 120,000. James Bissett, In this continuing regard, the case of a former head of the Canadian Immigration fraudulent x-rays for Chinese immigrants, Service, has suggested that the lack of stemming from 2003 incidents but not publicly any credible refugee screening process, reported until 2008, is illustrative. Although combined with a high likelihood of ignoring there is an element of “he said; she said” in any deportation orders, has resulted in tens the case, it appears indicative. A Chinese of thousands of outstanding warrants for the professional claimed his healthy x-rays were arrest of rejected refugee claimants, with little used for the application of an individual attempt at enforcement. Other estimates of suffering from tuberculosis; his claim was illegals are far higher with a 2003 estimate verified by other Chinese officials. Immigration projecting between 200,000 and 500,000 Canada officials denied the charge, noted illegals in Canada. privacy rights constraints, and insisted that an investigation had discovered no illegal action.

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Canada does not face the circumstances that the Chinese insisted was encouraging of the U.S. Southwest, where it sometimes illegal immigration. Which, of course, it appeared as if a significant percentage of does—much to the frustration of some the populations of , South Canadian immigration officials. And, even America, and Mexico were sprinting north, more unfortunately, many of those identified pursued by breathless, out-of-shape customs and then subsequently released into Canada agents, or the situation when “catch and (never to be seen again) were boys and young release” was the policy of the day. There have women who were likely designated for the sex been no stories of U.S. citizens moving north worker trade. to take advantage of “free” Canadian health care and longue in Canada’s social safety The Problem, of Course, hammock. There have, however, been blatant Continues illustrations of illegals crashing the gates of Canada. Among the most dramatic were There has been a steady stream of trafficking the series of Chinese smuggling operations cases particularly from East Asia, over several into Vancouver revealed in 1999-2000, in years totaling hundreds of young women, which representative cases totaling 600 primarily from Korea—because they could Chinese arrived illegally—and immediately enter Canada without a visa—into the United claimed refugee status. The normal Canadian States. The occasional arrests seem to have approach was to accept their claims and had limited juridical results. The circumstances release them with a court date—which to illustrate the continuing superhighway of no surprise, they never kept. Presumably, sexual subjugation running from visa-free Canadians were not particularly bothered by entry countries such as Korea into Canada, these predictable nonappearances as vested and from there to border-running operations wisdom had them headed for the United directing prospective sex workers into large States, notably New York City, and thus they U.S. east and west coast cities. Canada may would be a U.S. and not a Canadian problem. now be less of a transit highway for Koreans since, as of January 2009, Koreans could Chinese authorities were not amused by enter the United States without a visa. this northern version of “catch and release,” and demanded immediate repatriation of In another example, in October 2009, 76 men their citizens. A Chinese Foreign Ministry arrived in Vancouver as passengers aboard spokesman was quoted as saying, “To the Ocean Lady. Subsequently, a third of them achieve their aim of staying for a long time were believed to be Tamil Tiger combatants overseas, some illegal immigrants create and intelligence personnel escaping from excuses and even tell lies in applying for Sri Lanka after their decades-long death so-called political asylum or refugee status.” struggle with the Sri Lankan government. You can almost hear him harrumphing and All immediately claimed refugee status and, sputtering (actually “tell lies”)! A Canadian after being held for several months, were Embassy spokesperson in Beijing ritualistically released. Would these individuals become repeated the legal requirement to allow productive Canadian citizens? Or would they anyone entering Canadian territorial waters to burrow into the Tamil-Canadian community present a claim for refugee status—a loophole and organizing another effort to revive their

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insurgency? Perhaps the only positive aspect that the individuals are poor, benighted of this case is that they are more likely to stay people fleeing persecution and that the new in the Tamil-friendly Canadian structure than requirements are “draconian” and ineffective. try to enter the United States illegally. This While making an obligatory bow to the group was followed by almost 500 Tamils possibility that terrorists or criminals may be who landed from the MV Sun Sea in August included in such human cargoes, essentially 2010. The group was immediately detained they regard the rules as a “manufactured and comprehensively investigated for possible excuse for unreasonably harsh treatment.” Tamil Tigers; six months later, more than They promise legal challenge to legislation 100 were still in custody, but by May 2012, they deem unconstitutional and violating the the majority had been released with claims UN Refugee Convention. From an American being processed. With “mills of the gods optic, it is a barely sufficient semi-deterrent grind slowly” alacrity, specific deportation to a mechanism to game the Canadian cases were grinding through the courts. In immigration system. early 2013, the lawyers for one individual scheduled for deportation lamented that For its part, the government has engaged in new laws prevented appeals for a year after a pissing match with the courts. In February the decision. As of mid-2011, the costs for 2011, then Immigration Minister dealing with the Sun Sea were estimated at commented that the federal courts were not $25 million—all a consequence of permitting supporting government immigration policies any rust bucket afloat that reaches Canadian designed to remove immigrants with alleged waters to land and disgorge its human cargo criminal pasts and other unwanted refugees. into the Canadian juridical “refugee” process. Condemned at the time by various legal groups trumpeting the sanctity of the court Subsequently, Canada has worked to prevent system, in August 2011 the Supreme Court such vessels from reaching Canada, e.g., with chief justice also applauded those opposing funds to Thailand in 2012 to combat human the government. Canadian courts remain self- smuggling and new legislation (Bill C-4) in righteously independent; one can predict they 2012 to battle human smuggling, by, inter will be hostile to the revised 2012 immigration alia, detaining individuals in mass arrivals for laws as appeals of individual cases wend their up to a year and prohibiting application for way through the courts. permanent residency or family reunification for five years. Bill C-4 provisions essentially have And while bad cases are not determinative, been folded into Bill C-31 (passed in June they can be indicative: 2012) which reduces time limits for refugee In a mundane but poignant case, a South application and appeals if refugee status is Asian-Canadian woman married an Indian denied and Canadian authorities are also in September 2009. She arranged for his demanding proof that any immigrant “refugee” visa to Canada; he came to Canada in April has paid off the cost of being transported to 2010—and then avoided contact with her. Canada. She filed complaints with the police and Naturally, such legislation is resisted by the immigration authorities and, reportedly, his spectrum of human rights groups claiming family simultaneously threatened her and offered substantial sums of money to drop the

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actions. Reportedly, the “husband” has been highly negative toward illegal immigration. dismissive of any prospective immigration According to a January 2008 presentation by action against him and has lawyered up to Jack Jedwab, Canadians support deportation avoid prosecution. Then Immigration Minister of illegal immigrants without differentiating Kenney was cited admitting, in effect, that between “undocumented workers” and there were thousands of such sham marriages “workers without the proper work permits.” annually—but it is all but impossible to prove Two-thirds say deportation should be the that fraud had occurred. Obviously, this consequence of not following the rules. device is another mechanism to game the Over half took this position regardless of the system. Canada badly needs an equivalent existence of family ties, if the individual did not to the U.S. regulatory procedures wherein go through the proper application process. sponsored spouses entering the country do Half said the same regarding students, even not obtain legal status until they have lived those with the potential to contribute to with their spouse for a significant period of Canada, but whose visas had expired and time. Otherwise, the prospect for credulous were present illegally in Canada. young women being duped as a consequence of their stupidity is open-ended—with pitiful As noted earlier, polls can be “cherry picked” societal consequences. and respond to transient developments. Nevertheless, a July 2011 poll found that 73 Walford Uriah Steer percent of respondents wanted those guilty of passport fraud immediately deported. The A career criminal with a record dating to 1993 same poll showed 79 percent wanting new (months after immigrating to Canada), Steer immigrants to have to work and contribute to was expelled in 1999 after many assault, theft, the economy before getting full social benefits. and fraud convictions. He returned in 2000, And the previously positive attitude toward applied for refugee status, and was granted it immigration also is imploding; an August in 2003 on the basis of his claim that he would 2011 poll said that only 39 percent viewed be killed if returned to Jamaica. More crime immigration positively, while 35 percent ensued (76 arrests by 2006), and again he believed it to be negative. These points were was ordered deported. Set free while awaiting reinforced by an early 2012 Nanos Research deportation, Steer disappeared. Arrested in poll in which four of five Canadians wanted 2010, he was ordered deported but again immigration kept at current levels or reduced. disappeared, only resurfacing when arrested And, as noted above, a 2013 poll suggested in September 2011 while “allegedly” pimping that 70 percent want immigration caps. a 16-year-old girl. Having beaten the pimping charge, he was being held for deportation But how is that Canadian consensus actually (again) in early 2013. implemented? The Canadian immigration system is examined above. An entirely Illegal Immigrants and the separate element is the refugee processing and adjudication system, which will be Canadian Court System addressed below. The revised system (as of mid-2013) to manage illegal immigrants has Despite a generally receptive nature to been designed ostensibly to accelerate the immigration and immigrants, Canadians are

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decision-examination process. Nevertheless, a of “serious criminality” punished by a two- review of the previous system in the following year-or-more sentence nor for “organized account remains instructive. criminality.” Moreover, a removal order cannot be appealed if a claimant has had a refugee The Immigration and Refugee Board (IRB) protection claim rejected. Nevertheless, various has been described as an independent levels of appeal, stay of decisions, and options administrative tribunal reporting to Parliament for appeal to are open through the minister of Citizenship and to the legal creativity of those preferring to stay Immigration (a cabinet position that does in Canada than return to homelands. not exist in the United States). The IRB “is instrumental in making important decisions Engaging in the extended appeal process is for those who wish to become permanent highly advantageous to the illegal immigrant. residents.” The 1985 Supreme Court Harbhajan Singh decision is the essence of Canada’s problem. The IRB has a Refugee Protection Division In its decision, the Court rejected the (RPD) and an Immigration Protection Division government contention that Singh (and other (ID). The latter conducts admissibility hearings plaintiffs) had no status within Canada and (removals) and detention reviews. An thus no Charter-protected rights. The decision Immigration Appeal Division (IAD) manages is interpreted as requiring every refugee appeals for failed family sponsorships, reviews claimant or illegal immigrant the right to a full the residency obligations of permanent oral hearing under the Charter. Consequently, residents, and handles removal orders from the moment of arrival within Canadian (deportations). territorial waters (no equivalent to the U.S. requirement to reach land—the “wet foot, The formal approach would have an individual dry foot” rule), claimants are eligible for deemed inadmissible at a port of entry or social services, legal aid, subsidized housing, immigration office in Canada referred to an medical care, and education through IRB-ID for an admissibility hearing. If judged secondary level—until their claim is resolved inadmissible, the IRB-ID issues a removal through the entire appeal process. Reportedly, order. Such, however, is hardly definitive; in 2011 approximately 25,000 refugees indeed, it is just the entrance to the labyrinth. made claims, and in mid-2011 there were Few of those designated for removal are upwards of 50,000 to 60,000 claims waiting actually detained. And at that point, individuals to be heard. Most claims are eventually found seeking to stay begin the appeal process. This invalid, but Canadian jurisprudence grinds process can be protracted by a removal order away for years, publicizing “sob story” cases being “stayed”—with periodic further review to elicit sympathy. and reconsideration of the removal decision. A negative judgment, reaffirming the removal For example, there is the 2008 case of a decision, can be appealed to federal courts. family with a four-year-old Down syndrome child born in Canada facing deportation to The revised Canadian system appears to its native Uruguay after seven years of court add some additional wrinkles to the appeal struggle. The original ruling permitted the process in the Immigration Appeal Division. Canadian-born child to stay—but the rest of No appeal is possible for an individual guilty

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the family could not (and the lawyers claimed stay of the deportation order, and who would that the child would not secure Canadian- bet a plugged loonie that she will ever leave comparable care in Uruguay). Unasked were Canada involuntarily? Internet references presumably impolite questions such as why in 2011-12 suggested continued Canadian the family elected to have another child (other residency. As such she can be the wedge to than to attempt to bolster their claim to stay bring the rest of her family to Canada—but to in Canada). Nor were the relative status of whose benefit? medical care, freedom, and human rights in Uruguay investigated. These circumstances Another illustrative case was that of Laibar may not be at Canadian Charter levels but Singh (no relation to the earlier mentioned still significantly above world standards. Singh), a middle-aged man (age 49 in Nevertheless, the “humanitarian” elements 2009 when his case was resolved), who of the case prompted re-examination. More entered Canada illegally in 2003 using a honestly it was generating negative publicity for forged passport. He was apprehended and the government, and in July 2008, the family scheduled for deportation; however, he then was permitted to stay with statements to the suffered a medical condition that left him effect that “Canada will benefit from keeping partially paralyzed—some claimed that it was these excellent and hard-working community the consequence of untreated tuberculosis members” (the parents) but with no estimate of for which he was never tested in Canada. the costs for the lifetime health care and social Subsequently, he sought to stay in Canada service for the child. on humanitarian and compassionate grounds. This claim was denied as Singh had four Then there was the 2008 case of Laetitia children in and his condition was not Angba in Quebec whose father brought her to uniquely treatable in Canada, considering Canada from Cote d’Ivoire in 1996; claiming there are qualified doctors available in India. to be a widower, he subsequently married a An unfortunate but straightforward issue one Canadian. It having been discovered that he would think. Various supporters of Singh had a wife in Cote d’Ivoire, he was subject contrived to provide him “sanctuary” in a to deportation, which he had been resisting British Columbia Sikh temple in July 2007. since 2005. Obviously, Angba, by then 18 Repeated efforts by Canada Border Services years-old, did not wish to leave Canada Agency (CBSA) officials to deport him were and appealed a deportation order in federal thwarted by mobs of supporters, preventing court. Questions concerning why her father deportation. The obvious fear of confrontation never brought his wife to Canada—but took demonstrated by the CBSA agents prevented the daughter with him upon departing— them from taking legal albeit forcible action, went unasked and unanswered. Likewise, and illustrated the exceptional weakness of she presumably never informed Canadian the deportation system. One advisor to the authorities (and perhaps not the Canadian CBSA commented that “since I’m an old wife) that her mother was alive in Cote leftie,” he would probably let Singh stay, but d’Ivoire. Ultimately, the prospective vision of even he appreciated that the government dragging a screaming woman onto a plane for could not allow action subsequent to the deportation was sufficiently appalling that in original claim to reverse the decision. And, February 2008, she was given a three-year- were Singh ultimately successful, it would

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open an entirely new category of potential location within 10 days and have a medical claimant—those who are disabled to claim examination within six weeks. After making a the right to stay based on their disability. claim, the prospective refugee was required Ultimately, Singh departed voluntarily in to submit within 28 days a detailed personal late 2008 and in a subsequent July 2009 information form (PIF) including a narrative of television interview from India (where he circumstances—although the 28-day timeline was receiving appropriate medical care), he was often ignored. If the refugee claimant admitted that he had not feared for his life simply disappeared and went underground, when leaving India, but “I was poor…That’s a warrant for detention and removal could why I came to Canada.” Truth outed; he be issued. To demonstrate the feeble nature effectively gamed the Canadian immigration of any pursuit, in mid-2008 there were system by successfully transforming his illegal estimates of 63,000 outstanding orders immigration into a “refugee” case. for deportation—and 41,000 scheduled deportees had completely disappeared. While high profile cases do not necessarily Another estimate offered in August 2011 indicate the day-to-day circumstances, the noted that 38,000 people were wanted by inability of the CBSA to address straight- CBSA, of whom approximately 1,400 were forward deportations prompted questions convicted criminals. And one might recall south of the border regarding the general that a deportation order was pending for competence and efficiency of the Canadian “Millennium Bomber” Ahmed Ressam when system. he was apprehended attempting to enter the United States with a car trunk load Refugees of explosives designated for Los Angeles International Airport. Even more frustrating for any observer seeking logic and coherence has been the Canadian For those who elected to pursue their claim refugee system. Based on sweeping (and through official channels, there could be a full certainly internationally unique) legislation, this hearing before the Refugee Protection Division process permitted any person in Canada or at (RPD) board or an individual member. A “fast a port of entry, with or without status, to make track” expedited process could also review a claim for refugee status. All claims had to be the claim and accept, reject, or send it to a full considered regardless of the citizenship of the hearing. Rejections could be appealed. And claimant; thus UK, French, German, and other they can also enter the federal court system. EU citizens as well as U.S. citizens had to be processed. Ostensibly, the Immigration Refugee Board scheduled hearings on refugee claims and Again, in theory, the legal system prior to its immigrant appeals claims within 18 months. December 2012 revision (discussed below) As of mid-2010, reportedly there was a regarding refugees was straightforward, albeit backlog of 60,000 claims—including those complex. from European countries and the United States. During the period awaiting their Upon making a claim, an individual’s entry hearings, individuals usually are free within to Canada was permitted immediately. Canada, unmonitored, and eligible for the full Claimants were required to report their panoply of Canadian social services.

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Every removal decision could be appealed, Contortions first within the refugee system and then in the federal courts. The results were a convoluted, The reality of Canadian justice regarding astonishingly protracted process that provides refugee claims, including those with textbook illustrations for law students and security elements, could conceivably have convinces outside observers that the process been smooth, efficient, and expeditious. has perverted justice. Unfortunately, the highest profile cases lent the opposite impression: that they were Some Background tediously protracted, interminably convoluted, and reflect systematic effort to escape justice According to a 2006 study, by serious offenders abetted by a justice Canada had the world’s highest level of system that has lost track of its responsibility refugee acceptance at 49.6 percent; it slipped to protect society from criminals. a bit to 38 percent in 2010-11 (in comparison, Finland reportedly accepted 0.7 percent in the There are several illustrative cases. 2006 study). • Leon Mugesera is a Rwanda Hutu with A combination of broad interpretation of failed refugee claimants dating from 1995. the Charter of Rights and Freedoms and In 2005 the Canadian Supreme Court the manner of functioning of the Refugee declared him a war criminal and ordered him Protection Division boards and members has deported for helping to incite the genocide driven this exceptional level of successful that devastated that country through a claimants. speech he delivered in 1992. Nevertheless, he remained in Canada until deported in Unfortunately, these boards were frequently late January 2012—16 years after his failed dumping grounds for political party favorites refugee claim—legally manipulating an not selected for higher level positions. For assessment regarding whether he risked years qualifications were minimal; efforts to persecution, torture, or death in Rwanda. upgrade them have left incumbents whose In July 2007, the Rwandan government primary qualifications are political. Moreover, dropped the death penalty for convicted board members must prepare written reasons war criminals; however, Mugesera’s lawyers for their decisions—but only for negative continued to argue that he would face other decisions regarding refugee claims; a process forms of persecution if returned to Rwanda. that reportedly takes hours and requires legal His arrival in Rwanda was uneventful; he services and assistance to draft. Thus there was charged with genocide and, after is an obvious incentive for the non-lawyer repeated delays, in a trial ongoing in April board member (or any lawyer with a private 2013, denied all charges. Justice delayed practice more lucrative than the modestly is justice denied—for Mugesera as well as compensated IRB) to render oral positive Rwandans. decisions, particularly as board members reportedly are evaluated on the number of • Rachidi Ekanza Ezokola was a UN completed hearings, regardless of whether diplomat from the Democratic Republic they are positive or negative. of Congo who felt threatened following a change of government. In January 2008,

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he decamped to Montreal with his wife and suggesting his 25-year-duration court eight children and applied for refugee status. case had cost Canadians $3 million. In The IRB denied the claim, contending that May 2013, however, he was departed to he was guilty by association with war crimes with much wailing and gnashing committed by previous Congo leadership of legal teeth by his lawyers, children, and being a senior official in the government. grandchildren. Unsurprisingly, his advocates In 2010 a federal court rejected the IRB’s claimed the Canadian government was ruling and ordered reconsideration; however, Israeli-influenced. Then immigration minister a year later a unanimous panel of three Kenney correctly proclaimed the case judges at federal level overturned the a “mockery” of the broken immigration decision. Never daunted, Ezokola’s lawyers system. orchestrated a Supreme Court review, which in July 2013 permitted Ezokola’s appeal to • William Imona-Russel is a Nigerian-born the IRB. His wife and eight children already illegal refugee who entered Canada on a having obtained refugee status in 2010, false passport in April 2003. He was ordered one assumes Ezokola is likely to succeed in to depart in April 2004, but he appealed on his next review. Left dangling is how much humanitarian and compassionate grounds. complicity by association with war criminals While waiting action, he raped a former is disqualifying—and whether any of those girlfriend in March 2005, infecting her at Nuremberg could have won refugee with AIDS. He then raped and murdered status in 2013 Canada. another woman in July 2006, and was finally convicted of in July 2010. • Mahmoud Mohammad Issa Mohammad The point? If he had been deported when is a Lebanese national convicted in a Greek ordered, none of these crimes would have court for an attack on an El Al airliner in taken place and, incidentally, Canadians 1968 that killed a passenger. Released in wouldn’t have to pay for 25 years of his an inmate-for-hostages swap in 1970 by residence in prison. a Palestinian terrorist group, he continued to work with them for several years, but The 2012 Revision of the entered Canada in 1987 as a landed Refugee Process immigrant by using a false identity. In 1988 the fraud and Mohammad’s background As noted and detailed above, the illegal were revealed, and he was ordered to be immigrant case can easily morph into a deported; however, he claimed refugee labyrinth of legal and bureaucratic action status. In 2001 the Refugee Board Appeal regarding “refugee” status. With the Division concluded he was a “terrorist” creaking system threatening to grind to under the Immigration Act and upheld the a halt, Parliament instituted some band- deportation. Subsequently, he evaded aid revisions in 2012 to address selected “refugee” problems; final approval was given deportation; inter alia he claimed that deportation would be “cruel and unusual” in December 2012 with provisions to be punishment since health services in implemented in 2013. The revisions included: Lebanon are not as good as in Canada. • The creation of a new Immigration and He continued to reside with family in Refugee Board (IRB) with updated rules for , Ontario, with one estimate its operation;

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• Reduced time limits for claimants to draft average for an initial decision. Theoretically, and present claims to the IRB; a claimant appealing a negative ruling to the Federal Court of Canada can also • Expedited hearings for hearings and be deported while awaiting court action. appeals; However, the Canadian Border Services Agency notes among its list of “reasons for • A provision for addressing claims rejected delay” in removal, “Failure to Appear.” In short, at first level hearings to be determined as is the rejected claimant, “in the wind” so far as manifestly unfounded, ostensibly to help declining to appear for removal? deter unfounded claims; It will be interesting to see whether there will • Expedited review for refugee claims from 31 be any significant change or just how much “safe” countries to which it is regarded that anticipated juridical appeals to these rules will refugee claimants can be returned without delay their actual implementation, let alone prejudice to safety; no right of appeal for their operation as conceived. those whose claims are rejected;

• The prohibition of a right to pre-removal The “Safe” Third Country Issue risk assessment and/or humanitarian- compassionate consideration for a year A specific element of refugee deportation after arrival in Canada; and is the concept of the “safe third country.” • The authority to deport immediately after an Such an agreement prohibits a refugee adverse decision by the IRB. who has initially landed in a “safe” country, such as the United States or Canada, from Specifically, these revisions include limited subsequent asylum shopping by making a provision for claimants even from countries refugee claim in another country. Since 2004 considered respectful of human rights there has been a U.S.-Canada Safe Third (previously described as “safe countries” but Country Agreement in force. It was regarded now simply “designated countries”) to appeal as advantageous for Canada as most such a negative ruling. The original government potential claimants would have attempted to proposal would not have permitted such enter Canada from the United States. The appeals on the basis that “safe” is “safe” agreement permitted Canada simply to reject regarding countries so designated, and a claimant at the border without allowing refugee claimants could be directly returned to entry (and opening its refugee claim process such countries. to the claimant). Nevertheless, Canadian Justice Michael Phelan struck down the Moreover, in an effort to address the backlog agreement in an astonishing judgment in of 47,300 claims (as of April 2011), the revised 2007. Phelan contended that the United law supposedly fast-tracks the entire appeals States systematically practices torture and process with shorter deadlines for handling thus did not qualify as a “safe” country. refugee claims, creates an appeals division, Consequently, anyone passing through and expands resources for addressing cases. the United States and into Canada was no Cases will supposedly be resolved in two longer subject to the provisions of the Safe months rather than the previous 22-month Third Country Agreement and could claim

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refugee status in Canada. Presumably, such Council for Refugees) professed to be “deeply an individual could not be returned to the disappointed” and vowed to appeal in March United States since Phelan concluded the 2009. The Supreme Court declined to hear country practices torture. This, one might say, further appeal. “tortured” conclusion with only the slightest veneer of legality would have burdened Violating the Residency Rules Canada with any illegal immigrant that could slip into the country by any pretext. Moreover, In a completely separate category are if sustained, this position would have made immigrants and permanent residents who are it all but impossible for Canada to extradite regarded as not meeting the requirements any criminal to the United States, since the for residency in Canada (two of five years) to government would be extraditing the individual retain their status. These phantoms obtain to a country that practiced torture. “green card” status, essentially for “parachute” One can imagine that the United States rights if circumstances in their homeland turn virtually choked over the implications of the toxic, and spend as much time as possible Phelan proclamation. That outrage was stoked for business or family reasons in their native by a January 2008 Canadian “training manual” states while essentially ignoring their residency prepared for its diplomats that listed the requirements in Canada. If caught up (or United States and Israel as countries where perhaps denounced by personal enemies), foreigners risk being tortured or abused. Then they also have an extended review, appeal, U.S. Ambassador David Wilkins denounced and federal court process prior to (if ever) the listing as “absurd,” and Ottawa quickly being stripped of their permanent residency delisted (so to speak) the United States and status. Although hardly the sole offending Israel. But it was regarded as an unnecessary national groups, one can find these immigrant shin kick reflecting institutional bureaucratic ghosts in Hong Kong, Lebanon, and the attitudes toward the United States. Persian Gulf states. One room further into this haunted house are the Canadian citizens- Importantly, the Phelan proclamation was in-nationality-only (labeled “Canadians of reversed on appeal in July 2008. The Federal convenience”), who having obtained Canadian Court of Appeal in effect said that Phelan had citizenship, return to their country of origin vastly overreached; that the human rights and live completely abroad. They pay no NGOs that brought the case had no standing taxes—but if there is a crisis, they demand to do so (nor did the individual claimant). repatriation and assistance, as illustrated Moreover, whatever the practices of the by the 2006 evacuation from Lebanon United States, consideration of the practices that cost Canada $94 million to “rescue” was irrelevant since the Canadian government 15,000 people—7,000 of whom reportedly had taken U.S. compliance into account with returned to Lebanon within a month. Again, the appropriate international agreements a circumstance illustrating how Canada into account when concluding that the gives much—and recoups little—from many United States was a “safe third country.” immigrants who exploit Canadian taxpayers Representatives of the NGOs (Amnesty for personal benefit. International Canada and the Canadian In mid-2011, the government reported it had

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identified more than 3,000 individuals that has been Canadian coddling of U.S. military it was investigating for obtaining citizenship deserters and criminals for whom the United fraudulently. But as of early 2013, less than States is seeking extradition. Both of these 10 percent of those individuals (only 286) had policies fall under the heading of deliberate been located and charged—and of these, and malicious anti-Americanism, not even 90 percent reportedly will fight the charges. thinly disguised as punctilious adherence Greater energy to the situation would be to Canadian law. Although this topic will be a welcome approach; between 1976 and examined in Chapter 5, the following provides 2010, only 66 persons had citizenship some further review. revoked. Consequently, “we shall see” whether this latest move is more than a paper Deserters proclamation. As of February 2013, only 12 citizenships had been revoked stemming from There are significant numbers of Canadians new fraud investigations. who apparently believe that any military action is wrong. Certainly any military action not In contrast, the United States requires its specifically sanctioned by the citizens—no matter where they are living—to is wrong. And doubly certain is the belief that pay taxes on their earnings. This requirement, any unilateral U.S. military action is wrong in increasingly enforced, has not been amusing every particular instance. And triply invidious for substantial numbers of U.S. citizens was any U.S. military action that could be living in Canada. But citizenship should have attributed to policies of former U.S. President obligations as well as privileges. George “Dubya” Bush.

The Problem for the United From that basis of logic, anyone who seeks to evade a military obligation to the U.S. Armed States Forces is a hero to be supported politically, economically, socially, and legally as long as Much of the foregoing does not directly juridicially possible. Today’s reality is that there affect the United States other than providing is no compulsion to enter U.S. military service; an invidious example for U.S. bureaucracy there is no draft as was the case during the to avoid. To be sure, the tens of thousands Vietnam War. For well over a generation, all of illegal immigrants with unexecuted members of the U.S. Armed Forces have been deportation orders and the upwards of volunteers—just as those who enter police 500,000 surreptitious illegal immigrants in forces and fire departments. Those who have Canada are a significant concern as they deserted from their military duties are in no illustrate to potential terrorists that the way correlated to Vietnam-era deserters; they Canadian immigration and control system is have, in effect, the same status as those who feeble at best and paralyzed at worst. Such have broken a contract that they were paid to a conclusion drives previously discussed and implement. Would Canadians offer financial examined U.S. decisions to emphasize border assistance and legal support to a firefighter control and enhanced security for identity who declined to enter a burning building to documents. rescue innocents trapped on an upper floor while excusing himself for being afraid of Of particularly troubling nature, however,

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heights or because his skin was sensitive to 2008; Hinzman’s appeal on “humanitarian and heat? Military , incidentally, is a crime compassionate grounds” was rejected in April punishable by in Canada. 2009; appeal of this decision to the Canadian was heard in May Reports of the number of military deserters 2010, and in July 2010 the Appeals Court in Canada range between approximately overturned the previous decisions. Hinzman’s 50 out-of-the-closet deserters and vague case was to be reconsidered by a different estimates of between 200 and 400 others; immigration official; however, by mid-2013, however, the obvious point is that whatever there was no decision. Returning Hinzman the figures they nowhere near approach the to face U.S. justice has become a massively number of deserters during the Vietnam War, protracted process. where upwards of 60,000 Americans fled to Canada. However, the proximate examples Starting in mid-2008, a handful of deserters in this era are Jeremy Hinzman and Brandon have returned voluntarily or been deported, Hughey. Both escaped to Canada in 2004 although they appear to be the less devoted and have received more Canadian media to resistance and without creative legal talent attention in the intervening years than all of at their command. the million-plus U.S. military personnel who have served honorably and effectively in Iraq The masters of creative, anti-American and Afghanistan. mischief remain the NDP. Following the Supreme Court’s rejection of the Hinzman The Hinzman and Hughey story has been and Hughey appeals, the NDP introduced an extended litany of escape and evasion. legislation in the Parliamentary Standing Apparently they joined the Army primarily Committee on Citizenship and Immigration for the financial and educational benefits, in November 2007 to permit otherwise then decided that service was onerous, and unoffending military deserters to remain elected to end it—on their terms, rather than in Canada. It was passed in June 2008 honoring their contract. Thus, in Canada they with Opposition votes (137-110), but was claimed to be conscientious objectors, but regarded as nonbinding and the government admitted during refugee hearings that they ignored it. Following the October 2008 did not object to bearing arms. Primarily, they election that resulted in another Tory minority claimed that U.S. military action in Iraq was government, the NDP resumed its reindeer illegal. The IRB rejected the claim, noting games and again passed essentially the same that questions of the war’s legality could nonbinding motion—which suffered the same be addressed in U.S. courts. Successive fate as the previous nonbinding resolution. applications for judicial review to Federal Never daunted, in September 2009, Liberal Court, Federal Court of Appeal, and the MP presented a private were dismissed or member’s bill that would have required the refused; action by the Supreme Court came government to adhere to the requirements in November 2007 when the court refused in the two previously passed nonbinding to hear their appeal. Such a decision simply resolutions and permit deserters to apply for was another step in the evasion process: a permanent residency. In September 2010, deportation order was stayed in September Kennedy’s measure failed in its second

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reading before Parliament. Kennedy was discomfit the United States. There is a defeated in the massive Liberal implosion in pathetic element to these tactics where the May 2011 federal election, and no other parties posture with no thought of the Liberal revived the bill. Nor has the NDP consequences, seeking sound bites for the (now the Official Opposition) picked up its evening news while ignoring potential damage previous cudgel, but the temptation to use to the bilateral relationship. any available stick to prod the Tories and concurrently the United States may prove A little creativity could be a useful approach in irresistible. an area where the real stakes are rather small but nationalistic pretensions can elevate them Even were Kennedy-style legislation never disproportionately to their actual value. to pass, and private members’ bills rarely succeed, it is a distraction designed But that would require forsaking the podium essentially to embarrass the Tories and and public relations proclamations.

77 ALTERNATIVE NORTH AMERICAS 5 CRIME AND (LACK OF) PUNISHMENT

on-lawyers (and perhaps also some long as people exist as more than solitary Nlawyers) vacillate between fascination individuals, there will be a requirement for with and fear of the law. No one can read the social structures and regulations. These may biography of the great nineteenth-twentieth be as direct and ostensibly simple as the Ten century U.S. Supreme Court Justice Oliver Commandments or as convoluted as the Wendell Holmes (Yankee from Olympus) U.S. tax code, but the need for (and heed of) and not conclude their reading with an them remain societal imperatives (although impression of “the law” as one of the great admittedly, it would be nice to reduce the tax civilizing forces of humanity. There is surely code to 10 precepts). elegance and intellectual purity as well as For Americans observing the Canadian legal clear language carefully devised to address system and its operation, there is a bit of the essential human and societal concerns. To distorted “fun house” mirror effect. You think those of us who practice a profession with that you know what you should be seeing, discipline and attention, reverence for “the but it often appears askew in areas such as law” can be understood as an abstraction, the determination of guilt, the punishment of even when its practice may be questionable. those convicted and their subsequent release, Similarly, the mathematician knows “the and the operation of police officials. So, too, elegant universe” and the weapons designer can the views of Canadians concerning justice appreciates the engineering purity of a nuclear outside of Canada—and particularly in the device. Of course the convolutions of the United States—sometimes be baffling. law can be as baffling to the layman as the dimensions of the universe, and its individual As was explored in a discussion of its origins application on specific citizens, often appear and operation in Uneasy Neighbo(u)rs (Jones as personally appalling as the use of nuclear and Kilgour, John Wiley, 2007), Canadian weapons on nations. law evolved from English common law, but following the implementation of the North The “rule of law” versus the rule of nature, America Act and the Constitution Act of 1867, i.e., force without constraint, is a bedrock it moved from case law to a codified system element of the struggle for civilization. As

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of law. The power to enact criminal law is project contempt for the laws of others and vested solely in Parliament with the provinces insist that their interpretation of justice should responsible for administering justice. be compelling globally—and in particular, the Consequently, while there are municipal United States should take juridical guidance bylaws, provincial regulations, and orders in from Canadian examples. council, Canada still has the advantage of a systematic single source for criminal law. One Canada, the Law, and Crime could say that all criminal law in Canada is federal law. Canadians take considerable pride in their But the questions always remain: who self-evaluation of being a peaceful, law- interprets laws and who enforces them? abiding society. Indeed, by a favored calculus (the number of per 100,000 in the From that reality is derived the aphorism that population), Canada can take satisfaction. every family needs a doctor and a lawyer But overall crime statistics are less satisfying. among its members but hopes to have need The murder rate for 2005-06 was significantly of neither. higher than the previous 10-year average, and murders rose 7 percent in 2013. And, At its best, the law is dispensed with for what it is worth, violent crime in Canada equality (“without fear or favor”); overseen as measured by Statistics Canada in 2010 and administered by trained, incorruptible was up 306 percent and property crime rose professionals; and enforced by skilled public 39 percent compared to 1962. The overall officials with a careful appreciation of the crime rate was up 114 percent from the 1962 rights of citizens and rigorously calibrated baseline. Canada leads the industrialized use of force. At worst, none of the foregoing world in marijuana use and is third in cocaine applies. use, behind only Spain and England. It is not that Canadians are rousted from their Vancouver has the highest break-in rate in beds at 2:00 a.m., beaten to a pulp, and North America (nearly four times that of New then executed on the streets; nor are they York City). routinely thrown into durance vile without legal Moreover, the Statistics Canada General recourse after preemptory kangaroo court Social Survey, taken in 2009, indicated that proceedings. The questions, or, if you will, ever fewer Canadians are reporting crime—31 doubts, regarding Canadian law and order are percent compared to 37 percent in 1999. This more subtle. figure was reconfirmed in the 2013Police- It is more that the application of law appears reported Crime Statistics in Canada. Crime capricious with the protection of Canadian declines when you don’t report it—just as citizens secondary to the protection of the the U.S. unemployment level declines when right of miscreants. The professional quality workers are too discouraged to seek work. of Canadian law enforcement officials has (Unemployment totals include only those who become questionable. Canadian law appears are actively seeking employment.) to have “cultural carve-outs” for specific ethnic It was a generation ago, in 1971, that then or racial groups. Furthermore, Canadians Liberal Solicitor-General Jean-Pierre Goyer

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stated that, “The present situation results community, and its official crime statistics are from the fact that protection of society has designed, if not directly manipulated, to prove received more emphasis than the rehabilitation it. Nevertheless, Canadians are older—and of inmates. Consequently, we have decided the elderly are well aware of their increasing from now on to stress the rehabilitation mortality, fragility, vulnerability, and slower of offenders, rather than the protection of healing time; a mugging is not a shrugged- society.” But a generation of this focus has off, transient event for a septuagenarian. hardly been successful. Economic security, international peace, and high technology have steadily altered popular Nevertheless, when elements of Canadian attitudes toward danger and reduced popular society express their concern over crime, they willingness to accept dangers that are not are immediately assailed by chattering class personally controlled, e.g., winter sports columnists and told to just look at the pretty and high speed driving. Hence very little in numbers. Unfortunately, for every victim of a the way of perceived threat is required to crime, there is at least one crime too many, generate disproportionate popular reaction— and it is not terribly comforting to be told that and reversing the perception of threat is a you are a statistical anomaly and should put long-term process. How many muggings on a happy face. would it require along Ottawa’s pathways to whisk away the casual walkers The question of crime is one of perception and joggers? How many years of effort did it as much as reality. When the media take take to reclaim New York City’s Central Park an “if it bleeds; it leads,” view of news, the from feral human predators and return it to a public will have a different perception of reality vista where a young matron or daughter can than if news about crime is suppressed or push a baby carriage without concern? deliberately down-played. And there were certainly societies (such as the former Soviet Consequently, the drumbeat of criticism Union) in which one never read about crime, against Conservative efforts to revise laws or current societies in Africa or the against criminal activity and essentially make in which information on crime is suppressed punishment more protracted for criminals to prevent tourists from concluding that was a misapplication of statistical analysis. they are the high value prey in the national The left-leaning critics argue that it is feckless game preserve. But when a local crime— to spend more money on incarceration regardless of how horrifying—is seized upon and stricter laws when crime is declining by national media for a national audience, and proposed legal code revisions “won’t then it is feckless for national media to claim work” (citing their interpretation of the U.S. that the public should not generalize about experience). They refuse to consider that the the prevalence of crime. They have made the jailed criminal is not committing crime. previous “all crime is local” adage into an “all crime is national” (and even global) twenty-first They never consider (let alone concede) that century news phenomenon. the time to be tougher on crime is when it is declining to accelerate its further reduction. People are skittish; most Canadians live very They never count the social costs of criminal safe, well-protected essentially risk-free lives. action—estimated at almost $100 billion Canada is the global equivalent of a gated

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annually by the Department of Justice in or other protestors qualify for that sobriquet? 2008—only the costs of incarceration. And they always ignore emotional costs to victims. Or would it be a if a furious feminist Their 2011 federal election campaign against screamed, “I hate male chauvinist pigs,” while “Jets and Jails” had no traction; “tough on physically assailing an anti-abortion protestor? crime” is a better political slogan as well as But once Canadians head down the thought- being a better social approach. crime slope, the emergency escape ramps The reality remains that Canada jails a lower seem few and far between. “Thought crime” percentage of its population than other has an Orwellian tinge, but describing an English-speaking democracies for example, event as motivated by “hate” rather than the UK, New Zealand, and Australia). With fear, envy, greed, anger, lust, malice, or any 28 federal prisons more than 40 years old— other emotion generates a visceral twinge including the circa 1835 Kingston prison— making an observer wonder which emotion Canada has spent little on prisons over the is next on the list of those to be prosecuted. decades, the last federal prison having been For example, should a Jimmy Carter clone in constructed in 1988. Canada is most certainly Canada be prosecuted for assault because not the United States, despite the wails of he admits to having “lusted” after a woman critics. South of the border, we can appreciate in his heart? (Certainly it is a sinful act in that tougher attitudes toward criminals is Christian dogma, but should it be punished by socially responsible. juridical action?) Should the hatred that feel toward Muslims—and vice versa—be Hate Crime criminalized if its expression is no more than vigorously verbal?

Is every crime by one member of a racial, Although not confined to Canadians since ethnic, or religious group against another the “hate crime” category has gone further in individual from a different racial, ethnic, or Canada than most other countries, Canadians religious group subject to prosecution as a need to reconsider whether emotional “hate crime” in addition to whatever physical motivation is at all relevant. consequences were inflicted by the attacker As noted ahead in Chapter 6, the Canadian on the victim? Does “hate” count only if Human Rights Act’s Section 13 has been inflicted outside the attacker’s group? Could used to intimidate legitimate free speech. One a “Black Muslim” be guilty of a hate crime could conclude that it is a “hateful” approach against a Black Baptist? Does “hate” count to limit expression. Not so amusingly, “free in the balance only if it is related to a crime speech” has been deployed to permit “Israel inflicted on a minority? Does anyone believe bashing” to a dimension that is so close to that minorities regard other societal groups anti-Semitism that it is a distinction without with respect and admiration; indeed, could a difference. Those practicing such “speech” they hate these groups even more than they are given free rein, while the prospective are hated in return? Would it be a hate crime if counter-comment by Israel supporters is de a robbery or assault is perpetrated by a visible facto prevented by demonstrators that the minority yelling that “I hate rich #&%$”? Does police deign to control. The classic case in the damage done by the “Occupy…” denizens

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this regard was the September 2002 instance conclusion that every special interest group in which Israeli political leader Benjamin should have its own law. Previously, the Netanyahu was prevented from speaking at epitome of justice was there is one law for McGill University in Montreal by an unruly all; not “one for the rich and one for the mob. Netanyahu was punished by being poor.” The “one law” concept is a painstaking prohibited from speaking; the demonstrators historical evolution from circumstances under violated a variety of laws without constraint. which the “Jones clan law” differed from the Likewise the annual hate fest, “Israel “Smith clan law,” and codification of law is Week” in Canada, has shown regarded as a major cultural advance toward a meticulous attention to the rights of the anti- coherent society. Israel speakers and neglect for the physical safety of those who would speak in support Thus the current devolution of law into of Israel. Such individuals are subjected to specialized fragments is even more invidious what one might regard as “hate speech” if in a country espousing the virtues of Canadians were interested in even-handed . While a fragmented country application of such laws. may rid itself of a wildly discordant, hostile linguistic minority (or even one, such as Another illustration of this dichotomy was Quebec, that just decides to “go its own the mob action at the University of Waterloo way”), multiple sets of ethnic and religious in November 2010 that prevented Christie legal codes existing simultaneously within a Blatchford from discussing her book, nation state present endless opportunity for Helpless: Caledonia’s Nightmare of Fear conflict. and Anarchy, and How the Law Failed All of Us, which addressed the plight of Canadians Recently there have been efforts to institute abandoned without police protection during competing legal systems within Canada. the Indian takeover of land in Caledonia, Specifically, Jewish and Islamic (sharia) Ontario. Subsequently, the university religious codes were presented as alternative apologized—but Blatchford was prevented methods for resolving cultural and family from speaking and has not returned. disputes for believers. Although Jewish law had been in effect since 1991 in Ontario, the “logic” of implementing sharia was so Making the Law Fit repugnant, given its potential restrictions on the Culture? women (and particularly for immigrant women least likely to be cognizant of their rights), There is an observation to the effect that every that in September 2005, both systems were little language does not need its own nation rejected. Baby and bathwater together exited state. This conclusion was driven by the the parallel judicial system. Obviously, such twentieth-century, Woodrow Wilson-derived a decision does not prohibit Orthodox Jews concept of self-determination of peoples that or observant Muslims from accepting the has seen the increasing fragmentation of equivalent of legal guidance from a spiritual previously consolidated states—a breakup leader on social or cultural issues, but it often with little political logic for the political deprives any religious judgment of juridical divorce. The same impetus is driving the standing.

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Happily, the legal emphasis has been that will block a highway or access road pending religious conviction must be subordinate resolution of an ancillary issue in a manner to personal protection and societal norms. satisfactory to the offending group. And The recent (2012) horror story regarding Canadian authorities just grin-and-bear the four “honor killing” murders by three family illegality, accepting it as policy. members has reinforced the legal strictures. Thus an adult can refuse medical intervention, The cases have been protracted and endlessly even with the expectation that death will disruptive. Among the most noteworthy be the result; however, parents cannot let was the 1990 Oka crisis that resulted in the their children die in accordance with their Mohawks blocking the Mercier Bridge into religious belief, even if the child insists on Montreal throughout the summer over a land such a choice. A child must be protected until claim dispute. One Canadian security official reaching a point of chronological maturity was killed during the course of several violent regarded by society as sufficient to permit the encounters between armed Mohawks and individual to make his or her own decisions. Quebec security forces; however, no one was ever arrested for the killing. Another case Less happy for Canadian harmony is the had the Stoney Point Ojibway band seize the status accorded Native Canadians. It is not park area of Ipperwash, including property that individual First Nations are permitted to long owned by Canadian homeowners, enact their own tribal rules outside Canadian claiming that it should be returned to them, law—although such a process has been having been taken for a military training seriously proposed and the operations camp during World War II. During an initial of tribal councils have little external or confused confrontation, a native was killed; federal supervision. Indeed, if the law of however, the extended highly politicized individual band councils is determinative, investigation and reviews focused on the Native Canadian women would be the most errors of the Ontario provincial authorities restricted and victimized given the operation and the supposed culpability of then premier of male-dominated, patriarchal traditional legal rather than on the illegal trespass systems. But, in the end, if Canadians accord and violence of the Indians. In May 2009, First Nations the equivalent of autonomy, there having suffered as much negative publicity as will be legal consequences for non-aboriginal possible, the province of Ontario transferred Canadians living on reserves or regarded as control of the site to the Chippewas of Kettle subject to First Nation regulations. and Stony Point First Nation. There has been no final judgment on the rights of the local The real issue for Canadians is that First property owners. Nations violate Canadian law with impunity. It is bad enough when such action is against And in February 2006, members of the other aboriginals on reserves; however, Six Nations reserve south of Brantford, aboriginals hardly restrict themselves to Ontario, occupied the Douglas Creek Estates self-contained illegality. There are repeated development preventing further construction cases of Indian trespass, extortion, blackmail, and comprehensively disrupting life and and intimidation regarding property that one commerce in the local town of Caledonia. or another group decides is “theirs.” Others For more than four years, the squatters

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comprehensively terrorized non-native Canadian residents have lain down and “taken citizens, extorting, blackmailing, and beating it” is even more pathetic. And the efforts of those who did not accept their jurisdiction the police establishment to avoid the legal or attempted to resist their criminal attacks. consequences of their refusal to protect the Reportedly, substantial additional illegal citizenry are appalling. activity (stolen cars and narcotics) also operated from the area—again with impunity. The police stood aside, creating the equivalent of a “no go” zone; the police were clearly The most recent, indeed baffling, illustration intimidated, if not actively terrified by the of aboriginal entitlement and arrogance was prospect of actually enforcing the law. One the “Idle No More” movement during the man, attempting to defend his property in winter of 2012-13. The unfortunately named 2007, was clubbed repeatedly with a two-by- group, suggesting that aboriginals were four and suffered permanent brain damage. In “idle,” was characterized by an extended January 2012, his assailant was given a two- “hunger strike” by Rubenesque band chief, year sentence (excluding time already served). Theresa Spence, who pitched a tipi on The disgraceful nature of these events and Victoria Island in the , near the pitiful circumstances of non-native victims . Spence, previously under were comprehensively described in Christie attack for fiscal mismanagement of her Blatchford’s aforementioned seminal account, remote Ontario reserve, counterattacked Helpless. with extensive demands for government The province of Ontario bought out the revisions of prospective legislation affecting housing tract developers in 2006, reportedly environmental issues and property rights. for $12 to $16 million; however, a civil suit by She demanded meetings with the governor 440 residents and 400 businesses contesting general, the prime minister, and various senior the continuing police failure to protect them government leaders. During the course of her was filed and persisted. In the midst of court hunger strike, ultimately lasting more than action—immediately before anticipated 40 days, she showed little visible physical testimony by police that they were ordered to change but held court with a steady stream withdraw—the suit was settled for $20 million of senior political opposition figures, including in July 2011. Individual suits remain active. and former Prime Minister Ultimately, in another illustration of specialized . In the interim, “Idle” members application of hate speech or preventing free conducted ancillary demonstrations and civil speech, as noted above, Blatchford was disobedience including blocking roads and rail repeatedly prevented in November 2010 from lines—actions that police essentially ignored. addressing audiences to discuss Helpless. Ultimately, the government caved to Spence’s The result is pathetic—a misguided sense of demands with an orchestrated session on responding to alleged aboriginal grievances January 11 including a cameo appearance by has substituted endless legal maneuvering for the governor general and day-long attendance measures to assure the personal safety and by the prime minister, senior aboriginal- property rights of the Caledonia citizenry. That officials, and an array

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of tribal leaders. The result was a predictable, aboriginals commit about 20 percent of the public relations declaration promising further crime—approximately their prison percentage. consultation on specific concerns. The fear that the Canadian population will actually know who is committing the crime Ms. Spence has returned to her reserve, has led police to suppress data on race; the having demonstrated that if you pick the reality doubtless being that proportionally time and place for your tantrum, you can get “visible minorities” commit more crime against results, regardless of the factual merits of other Canadians than majority citizens commit your case. And, indeed, there are no charges against visible minorities. And the commensurate against the various disruptive demonstrators. concern is that with this knowledge, Canadians will be politically incorrect in their views of those In contrast, Canadians can be assured that committing crime. Americans—well aware of their Second Amendment rights—would have responded But to contend that it is society’s responsibility vigorously to home invasions, assaults, and to redress aboriginal circumstances rejects attacks by armed bands—whether they were the reality that most aboriginals act in a lawful nineteenth-century bank robbers, twentieth- manner and that the issue is individual rather century motorcycle gangs, or violent trespass than societal responsibility. by twenty-first-century Native Americans. The militia reaction is far from dead; “vigilante The Enforcers: Canadian Police justice” has become a term of opprobrium; however, it is better than no justice (at least For Americans of a certain age, the radio for those defending themselves). brought us Sergeant Preston “and his great dog, King” as the image of the Royal A society that abrogates its responsibility for Canadian Mounted Police (RCMP), who implementing one law for all of its citizens will “always got their man.” And for a more recent drive the conclusion that there is no law that generation, , with the handsome all must obey and that any law is a subject Mountie and his deaf, lip-reading wolf-dog for debate rather than adherence. (“One Diefenbaker, provided U.S. audiences with an law for the rich; one law for the poor” is the image of RCMP competence in assisting the classic injustice.) Such a society will prompt, Chicago police. later if not sooner, vigilante action by citizens desperate to protect themselves or simply Unhappily for those in the United States who rejecting the privileges accorded to others. have moved beyond the images of yesteryear, the RCMP has a rather less iconic air. It has A secondary, but pertinent point, is the human become an organization more epitomized by rights-directed concern that the number of having Walt Disney create its action figures aboriginals in prison is disproportionate to than by jut-jawed efficiency. In that regard, their percentage of the population. A counter it remains all but impossible for a U.S. argument remains that aboriginals commit observer to comprehend the level of RCMP a disproportionate amount of the crime incompetence that allowed an intruder to and hence are appropriately represented enter Prime Minister Jean Chrétien’s official in prisons. Indeed studies indicate that for residence in November 1995 and then remain criminal cases in which race is identified, outside while the Chrétiens coped with the

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armed man. Likewise, the total failure of the smacks more of retribution (they should have security box around the prime minister in known what he was going to do even though February 1996 resulted in Chrétien confronting they had nothing to do with the shooting) a protestor who never should have gotten rather than direct and active criminal behavior within yards of him. These security failures on their part. The Alberta Court of Appeal were so basic and elementary that, although in September 2010 followed by the federal one assumes they have been corrected, they Supreme Court in August 2011 denied their have created persistent underlying doubts appeals. The Mounties got their men—but about RCMP professionalism. Canadians hardly a glorious illustration of justice. have relied so long on the essentially peaceful nature of their society (never having Even more reprehensible was the death of endured the trauma of a prime ministerial Douglas Scott, a 20-year-old constable who assassination) that they believe they live in was shot to death in November 2007 in the a benevolent paradise—any awaking would town of Kimmirut. Scott, too young bring the nightmare world of reality into their to smoke or consume alcohol, had been on dream existence. the job in Kimmirut for six months. It is hard to believe that he had been adequately trained or Moreover, while criminals can always “get was sufficiently experienced to be responding lucky” and kill a security officer anywhere to night calls alone. The RCMP was clearly in the world, several relatively recent over-committed and undermanned for its RCMP deaths appear to reflect significant responsibilities in the area. Dispatching Scott inefficiencies or lack of training. The murder to this emergency was almost the equivalent of four RCMP officers in March 2005 in of sending a lone 20-year-old Canadian Mayerthorpe, Alberta, has been extensively Forces member to check a disturbance investigated and subjected to detailed reviews “outside the wire” in Kandahar. Convicting a and studies. Failures were systemic; the sodden drunk for the murder to a life sentence murderer had constant hostile interaction in January 2010 is an inadequate response with police and neighbors; many charges to the crime; the real crime is the blithe against him were pending; he had been tolerance for aboriginal alcoholism and RCMP imprisoned for various offenses. However, inadequacies in coping with crime in the cold, he was still able to kill four presumably well- far away North. trained officers in what was supposedly a carefully secured crime scene with weapons A November 2007 incident at Vancouver’s that as a convicted felon he should not Airport revealed a situation where the have had. Canadians deliberately avoided RCMP’s use of tasers was casual rather issues of RCMP competence—speaking ill than calculated; RCMP officers killed Polish of the dead is neither good local nor national immigrant Robert Dziekanski. The release of politics—but these questions remain dangling, a cellphone video comprehensively refuted free-floating as ghosts behind the extended the original statements and alleged lies investigations. Indeed, the 2009 conviction of by RCMP public affairs officials regarding two local residents for manslaughter based Dziekanski’s actions. The RCMP was brutal on having given the murderer a ride back to in apprehending an individual who appeared his residence and provided him a shotgun more confused than dangerous, and was

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dishonest and disingenuous in explaining the Securities Enforcement Commission. It also case. Again, the results of a comprehensive provides security for federal facilities, including study released in June 2010 excoriated airports and, in a number of provinces, the the RCMP officers involved, saying that the RCMP serves as the local police force. As a officers involved were not justified in their taser result of being virtually ubiquitous in Canadian use. However, the BC coroner ruled in June policing, it is doing none of these jobs 2013 that Dziekanski’s death was a homicide. particularly well. Moreover, it is now regarded as politicized rather than politically neutral; The RCMP was too quick in earlier popular trust in its probity has declined. For announcing it would not lay charges against example: the four involved Mounties. False testimony during the course of the investigation opened • The RCMP comprehensively mangled the the officers to prosecution, which became investigation into the Air India terrorist evident in a perjury trial in June 2013 for bombing that destroyed a passenger one officer (now on medical leave), who aircraft in 1985 killing 329. Two decades of was quickly acquitted in July, with separate investigation and painfully protracted legal trials for each of the other three later in procedures resulted in aborted trials and 2013 or 2014. The charges and trials (more still more investigations with no satisfying in response to the negative publicity of the conclusions regarding those responsible for detailed study than any commitment to the attack. Indeed, the long delayed final justice) will drag on and end inconclusively report released in June 2010 was a scathing with official admonitions and temporary depiction of a “cascading series of errors” suspensions from duty. Dziekanski remains resulting in the catastrophe. Turf wars dead—but his mother received compensation between the Canadian Security Intelligence to drop her civil case against all involved. Services (CSIS) and the RCMP prevented intelligence sharing, and the post-bombing Other media-reported instances of taser use investigation was replete with error. seem designed to pile on the police rather than to protect the innocent. So we read • At least some of the information identifying media accounts of children being tasered. The as a terrorist suspect was reality is that every out-of-control miscreant generated by the RCMP and passed to U.S. does not respond calmly to a “stop, please security officials in 2002. Canadian legal come with me” request from authorities. review subsequently determined that the Tasering such an individual is safer than information was incorrect; Arar received a shooting; and the alternative of hand-to-hand $10 million financial compensation in 2007 combat can have painful even dangerous for having been deported by the United consequences for security personnel, who States and incarcerated in a Syrian prison deserve protection as well. for upwards of a year. RCMP procedural and technical errors were the basis for the But the foregoing is symptomatic; the RCMP’s Arar case, which continues to damage U.S.- problems are systemic. Essentially, the force is Canadian intelligence sharing relations. attempting too many roles. It is a combination equivalent to Canada’s FBI, Drug Enforcement • The massive $9 billion Bre-X gold mine Agency, Secret Service, and white-collar crime swindle in 1997 reportedly was investigated

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by a single agent whose conclusion financial move by the Liberal government in reportedly was that it was too complex to a manner that implied wrongdoing by the pursue. The now 10-year-old Integrated finance minister and his staff. The RCMP Market Enforcement Unit (IMET) as of response to the NDP (a response which December 2007 had laid one charge in a was not required) further damaged the major case and four in minor cases, despite electorate’s view of Liberal integrity, already a $40 million budget as of 2010 and a staff badly tattered by the Sponsorship scandal. of 112 full-time Mounties. Its web site report Ultimately, no legal action was taken on for 2008-09 claimed to have charged 26 the allegation of insider trading, and the people with five convictions since starting conspiratorial conclusion has persisted that in 2003; however, in January 2013 it lost a the RCMP manipulated the election to Tory high profile case against executives. benefit.

• The RCMP charges linking former • Senior RCMP officials systematically Prime Minister Brian Mulroney to bribery misused the organization’s pension fund, a associated with Canadian purchases of circumstance revealed during investigation aircraft in 1988 prompted libel in 2007. Whistleblowers were initially charges by Mulroney—a case that he won, suppressed, but ultimately the RCMP but in which the RCMP failed to pursue was forced from office. Senior other areas of potential malfeasance not RCMP officials were largely unpunished. revealed until 2007-08. Had the information Unfortunately, the successor, William Elliot, relating to German fixerKarlheinz Schreiber a civilian without RCMP experience, became been known earlier, Mulroney might well not tangled in internal bureaucratic personality have won his libel case. idiosyncrasies and lost whatever institutional support he might have had. In early • In 2000 the president of the Business 2011 he announced he would resign and Development Bank (BDC) of Canada subsequently was lateraled into a position raised questions regarding the legitimacy as Interpol’s UN representative beginning in of loans extended to the Grand Mere Inn, November 2011. whose owner was closely associated with then-Prime Minister Chrétien. Rather • In December 2011, Harper appointed than investigating the charges, RCMP 25-year RCMP veteran Bob Paulson officers raided former BDC President as commissioner; he was immediately François Beaudoin home, seized records, plunged into a variety of lawsuits (one class and brought charges against him. The action by 300 women who worked for the case devolved into a wrangle over forged RCMP contending extensive harassment). documents and Beaudoin’s role in rejecting Although sexual harassment garners the a loan to the Grand Mere with intimations headlines, plaints about bullying, workplace that the RCMP had been politically hostility, and lack of promotion for women prompted in its action. (approximately 20 percent of the RCMP) are still other existential problems for the • During the course of the 2006 federal Mounties. election, the RCMP responded to a question by the NDP regarding knowledge of a major Obviously the foregoing is illustrative rather

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than inclusive. Nonetheless, RCMP problems flees, or attacks the security official. Unless of every dimension—institutional, attitudinal, the criminal is to be permitted to escape and bureaucratic—seem to persist without or the security official is to be regarded as effective remedy. a punching bag, some measure of force is necessary. The rule of thumb when employing Over the years, and now over the decades, force is to use that amount sufficient to there have been repeated reviews and subdue the individual, discourage further investigations of the RCMP. Some have argued resistance, and prevent injury to others. Force for breaking up the RCMP, e.g., eliminating is supposed to be proportionate to need, and its role in provincial law enforcement (as is limited to the degree necessary to subdue and the case for Ontario and Quebec, which have constrain the individual being apprehended. provincial police); creating an independent SEC-type agency to replace the IMET; and In short, the police are enjoined from beating hiving off responsibility for airport security. an individual into a quivering, unconscious Other studies have urged more adult wreck. This result previously was the supervision (a civilian complaints board), consequence of having to subdue an out-of- proposed greater funding and hiring 5,000, to control individual with “billy clubs,” but not 7,000 additional uniformed officers. Serious shoot. Some previous direct contact methods questions regarding the RCMP contract for of subduing an individual, such as “the choke Alberta arose before it was extended for 20 hold,” resulted in death when inexpertly years in 2011. Likewise, British Columbia applied. So for the past generation, police raised concerns in 2011 over the costs of forces have attempted to arm themselves its proposed RCMP contract due to expire with various incapacitants such as tear gas, in 2014; but after some good cop/bad cop pepper spray, and now tasers. These stand- posturing, the province agreed in mid-2012 to off devices offer the additional benefit of not another 20-year contract. having to directly engage with very strong, psychotic, or drug-affected individuals whose Institutional resistance has proved impervious gouges and bites can be dangerous to the to reform. As one observer put it, “they have security officials—who are also citizens whose all looked at the horse manure but not the rights and security are not irrelevant in the horse.” Nevertheless, Canada’s “horsemen” law enforcement process. They are, to be badly need to be brought into the twenty- sure, hired to “go in harm’s way”—even to the first century before what has become an extent of “unlimited liability” so far as personal embarrassment evolves into a catastrophe. risk is concerned; however, suicide is not part of the job description for apprehending or Use of Force in Canada subduing an individual. Indeed, it is extremely difficult for those who have never experienced “Put up your hands and surrender”—or words maniacal or drug-enhanced strength to to that effect—are supposed to end action by appreciate or comprehend the level of force a criminal when confronted by authority. But necessary to control such an individual. every encounter between Canadian citizens and Canadian security officials does not end Consequently, the current Canadian with Canadian-level politeness. Sometimes controversy over the use of tasers is the citizen resists, is recalcitrant, belligerent,

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misguided. Tasers have become collateral “hard labor” of convicts endlessly breaking damage from shocking (so to speak), but stone with sledgehammers while dragging idiosyncratic cases such as the above-cited iron balls chained to their legs would now be death of the Polish immigrant Dziekanski regarded as “cruel and unusual” punishment; and occasional other unfortunates. If there today’s convicts don’t even have the privation is specific abuse by security officials, it of being restricted to black-and-white must be prosecuted and those responsible television sets. The weight of official Canadian punished. However, the critics do not penal attitudes appears to be that restrictions address the negative aspects of alternatives on personal are sufficient punishment. or appreciate the injuries inflicted both on The consequence of such attitudes, however, those apprehended and the law enforcement is the impression of Canadian prisons as officials in the pre-taser era. Nor is there the equivalent of luxury accommodations for significant follow-up exploration of the convicts. Although it is anecdotal, it is none the event beyond the prima facia response that less telling that a U.S. prisoner in a Canadian someone died after a taser was used. It is not jail resisted being repatriated to the United unusual to find that a combination of drugs States, informing the visiting U.S. consular and personal medical problems was the officer that the Canadian jail was much more proximate cause of death, but toxicology is pleasant than any comparable U.S. facility. And slow and media interest quickly evaporates, conversely, Canadians convicted of crimes in leaving the drive-by conclusion that if the the United States seek repatriation to warm individual is dead, the taser did it. and fuzzy Canadian prisons.

But the critics of taser use barely nod in While such a “club fed” depiction is doubtless the direction of “what is the alternative?” unfair, it would be hard not to gather such Canadians with a criticism need also to offer a an impression from the photographs and productive alternative. It would be interesting descriptions of ’s prison time. to match those critics against an out-of-control For one of the most infamous criminals individual and see what coping mechanisms in modern Canadian history convicted of they adopt and whether their efforts succeed. a consummately vicious crime, Homolka Sweet reason may well not work. appeared to have a remarkably pleasant and untroubled prison existence replete with Punishment socializing. Following her prison release, name change, marriage, and motherhood, There is a traditional disconnect between Canadians suddenly became aware in 2010 those who wish individuals convicted of that a provision in their law permitted her to crimes to be punished in a meaningful, apply for a “pardon” five years after release physical manner and those who seek to from jail (the issue was also pertinent when change the nature of individuals so they a prominent hockey coach, found guilty of will not re-offend. A penitentiary was so 350 sexual assaults against a junior player, named so that incarcerated individuals would was discovered to have been pardoned in become “penitent” after contemplating their 2007). Pardons were so free and easy that wrongdoings and emerge to “sin no more” (or only 800 of 4,000 were rejected in 2009. But at least not re-offend legally). The storybook the thought of a pardon for Homolka was so

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stomach-turning that even Canadians were the lines that such sentences do not reduce nauseated. crime. Until the Conservative majority victory in May 2011 majority victory, such opposition Consequently, in June 2010, Parliament resistance stalled tougher action against rushed through legislation that could have criminals. Indeed, the results of extended jail been called the “Homolka Horror” bill.” It sentences can and will continue to be argued extended the waiting time for application by penal experts, but there is no question and made it more difficult for those guilty of that this approach removes substantial multiple crimes, particularly those with sexual numbers of criminals from further antisocial elements, to secure a pardon. The absurdity is activity. The oft-ignored reality is that the “third not that an early pardon for Homolka has been strike” is just the third time that a criminal forestalled, but that such an abortion of justice has been apprehended and convicted; the was even contemplated. Its mere existence unmentioned likelihood being that the criminal in the Canadian criminal justice system, let has committed hundreds of crimes that were alone being a normal part of the criminal justice not solved. process, causes U.S. jaws to drop. As a proximate illustration of a criminal career, But one also recalls the sob sister journalist one can recall Tracy Lloyd Carza, who came lamenting that it was not fair to restrict “Paul” to general public attention in March 2008 after (Homolka’s partner in crime, Paul Bernardo) stealing the rings from a 91-year-old woman from human contact 23 of 24 hours per day. in Vancouver who was recovering from having And that he was not permitted to further her leg amputated. At age 47, Carza had 50 his education or learn a trade. It is almost a criminal convictions over a 30-year criminal caricature to note that the Homolka-Bernardo career, never serving more than a few months victims have no human contact 24 hours per in jail; one wonders how many hundreds (if day and that Bernardo’s previous educational not thousands) of crimes he has committed experience and accomplishment resulted in and why his career attracted so little serious him being a sadistic murderer. punishment or any attention until he stole the wedding rings of a nonagenarian. Or, just how Three Strikes many other comparable offenders deserve extended, “three strikes” prison terms. Another puzzling element is Canadian unwillingness to recognize or at least to Thus it is instructive of the Canadian psyche appreciate that crime is done by criminals— that in spring 2010 the government pushed and for the career criminal, crime pays. The forward a “Truth in Sentencing” bill to limit Canadian government estimates that 50 the credit a judge can give a (convicted) percent of the crime is done by 10 percent of accused for time spent in prison awaiting the criminals. It has been U.S. recognition of trial. The countervailing argument was over that reality that prompted the “three strikes the cost of keeping these individuals in jail and you’re out” laws, which put individuals for longer periods. To be sure, a conservative convicted of three felonies in jail for life. Yet government wanted to project a “tough recent government efforts to toughen criminal on crime” image to constituents, but it is law to permit extended jail terms prompted remarkable how the Opposition fell over itself reflexive opposition criticism, essentially along

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leaping into the pit of arguing that the costs of “statutory release” legislated into effect in are prohibitive. It may have been a case of 1992, requiring the release of federal inmates winning the battle and losing the war, as after they had served two-thirds of their similar arguments during the 2011 federal sentence, with a few restrictions regarding election fell flat. An old adage says, “a cynic the type of crime and the requirement for knows the price of everything and the value oversight following release. Unfortunately, the of nothing,” and the Opposition’s failure to panel concluded, statutory release has failed: appreciate that the Canadian population is 40 percent have their release rescinded either more secure when those who have committed for violating conditions or for new offenses. crimes are in jail appears to be a special blind They are twice as likely to re-enter federal spot for the Liberals and the NDP. prisons as someone released on full parole. The inmates on statutory release are only 35 This particular problem was partially percent of criminals on early release programs addressed by elements of the 2012 omnibus but account for 79 percent of violent crimes. anti-crime package. Specifically, it instituted mandatory minimum sentences for sex crimes Although there are options for retaining and child exploitation; it eliminated conditional convicts in prison beyond the statutory release sentences to be served in the leisure of mark, it is almost never done. According to home for sexual assault, manslaughter, and the National Parole Board, 5,716 inmates arson (also ending “double credit” for time were entitled to statutory release in the 2006- served); and it revised sentencing for young 07 fiscal year, but only 250 were reviewed, offenders, guilty of “violent offense.” Critics primarily those convicted of particularly violent are challenging the law in court with the hope crimes, sexual offenses against children, or of delaying, if not reversing its provisions. serious drug offenses—and deemed a threat Quebeckers claim it is unfair to young to repeat such crimes. Fewer than 4 percent offenders, unconstitutional, and the federal of all eligible were held beyond the statutory government should absorb any new costs. release point.

Even more troubling is the remarkably early Given the evident failures of the statutory release schedule for Canadian criminals and release system, the panel called for its the apparent inability to prevent release of elimination and replacement by “earned sexual predators. While again this is a condition parole.” This approach was regarded as the 2012 anti-crime package professes to appropriate for the current Canadian prison address, particularly early releases and greater system with a growing percentage of violent controls for sexual offenders, there is much offenders serving sentences of less than reason for concern until one determines just three years and thus with little incentive to how the new legislation plays out in practical, participate in rehabilitation programs. They specific cases. just “wait it out.”

An earlier Canadian study in this regard There are no cheap or easy answers. A was released in December 2007 by the requirement for more prisons is always Correctional Service of Canada Review expensive—and reminds Canadians that Panel (A Roadmap to Strengthening Public their society has more violent criminals than Safety). It examined, inter alia, the concept they wish to believe it does. One can be

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concerned about extended incarceration of but in a number of recent instances, the individuals, but the alternative is releasing defenders found themselves as beset by the them to victimize the innocent. In that regard, law as any attackers: no doubt most Canadians are relieved (but not amused) that one of the killers in the “Just • A 1995 attacker in Ottawa broke into Desserts” slaying in 1994 was arrested in an apartment claiming he would kill the February 2008 for possessing a large amount occupant. The occupant (a legal gun owner) of crack cocaine, having been released just shot and killed him—and then struggled for in January. On the other hand, Albertans years against a murder charge before it was may be less pleased about the handling of dismissed. Police failed to come despite a multiple rapist Keegan Spearchief who was 911 call, released in in March 2008 without • In May 2009, a Toronto Chinatown grocer having completed court-recommended rehab. pursued a repeat shoplifter, subdued him, Spearchief, who stands six foot five inches and called the police. The police arrested the tall, is quoted as saying that “if drunk, yes; if shoplifter but also the grocer and two other sober, no” when asked about whether sexual grocers, charging them with assault and attacks were acceptable. Monitored for a forcible confinement. In October 2010, a judge year by Calgary’s high-risk offender program, acquitted the grocer and his companions; he was re-arrested in July 2009 for (alleged) meanwhile, the shoplifter had his charge peeping Tom activity—he left his wallet and cell reduced for testifying against the grocers, phone under the window. He was repeatedly released on bail, but supposedly wearing a • In August 2010, three masked men threw GPS ankle bracelet. Ultimately sentenced in Molotov cocktails at a man’s rural property February 2011, he was returned to prison—but and into his home. The resident, a legal not designated a “dangerous offender.” One gun owner, came outside and fired several can be sure that Calgarians feel more secure in shots in the air and one into the ground, their beds at night for the moment, but not for driving off the attackers. Video surveillance long, as he will be released for another round film resulted in their arrest—but the property of predation. owner was arrested for firearms related offenses. Before the attackers faced trial, Self-Defense in February 2012 he was standing trial charged with unsafe weapons storage. The right of armed self-defense is strongly Acquitted in early 2013, his legal fees protected in the United States; most recently totaled $60,000, and in the Martin-Zimmerman case in Florida, resulting in George Zimmerman’s full acquittal • In August 2011, a Toronto man found where the jury took cognizance of the beating a burglar in his girlfriend’s home. In the Trayvon Martin was inflicting on Zimmerman. ensuing struggle, he stabbed the burglar. Indeed, in some states even the belief by an While the burglar was charged with breaking armed individual that he is threatened justifies and entering, the defender was charged the use of weapons. Canada ostensibly has with aggravated assault—punishable with comparable protections for individuals in their 14 years in prison. The case remained homes being invaded by hostile individuals, outstanding in October 2011.

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In all of the foregoing cases, essentially in a national referendum? The point is that innocent individuals—who were attacked chattering class Canadians know that they and defended themselves—have as a would lose a referendum on the subject—just result been treated as criminals, harassed, as capital punishment remains overwhelmingly and forced into court procedures costing endorsed in the United States. thousands of dollars. The public is left with the impression that police and the justice If Canadians wish to claim the moral high system are unresponsive and heavy-handed ground by releasing Karla Homolka to become when they do respond. Moreover, any attempt a mother—and condemn Americans for to defend one’s self with weapons prompts a executing Timothy McVeigh for killing 168 draconian response—police very clearly prefer people in the 1995 Oklahoma City bombing, an unarmed citizenry totally dependent on they are welcome to their sanctimony. Or if them for protection. Noteworthy is the tactic of they believe that a seven year sentence is levying charges of unsafe storage against any appropriate for the teenager who choked owner not employing a trigger lock—even if the an 80-year-old woman to death, we won’t lock had just been removed for self-defense. rattle your chains. We are well aware that And then, as in the Caledonia example, they the Canadian government will not practice decline to protect the unarmed citizenry. capital punishment, but tire of their snide intimations of superiority that we should follow On a slightly lighter note, one recalls the May their course. Consequently, one hopes that 2013 case where a seventh-grade boy tackled Canadians are pleased that Clifford Olson died a classmate threatening another with a knife. of natural causes in prison in 2011—having Commended? Hardly, he was reprimanded been convicted of murdering 11 children. and lectured by school authorities for not Americans simply see such societal coddling hastening to get a teacher. of the epitome of evil as an abomination.

Capital Punishment Canadian Law and U.S. Justice

It is one of the defining differences between U.S. and Canadian society that Canada There is always the potential for legal officially takes pride in having eliminated disconnects when two large countries with capital punishment while in the United States, endless exchanges of persons and property polls repeatedly show high percentages of exist side by side. The millions of benign the population endorsing it. (A comparable transactions are ignored while the aberrations Angus Reid poll in 2010 found 62 percent generate public attention. Thus, although both of Canadian respondents favored capital Canada and the United States are committed punishment for murderers, but there will be to the rule of law and the sanctity of justice, palm trees growing in before the there is a steady stream of cases that roil Canadian political structure would reinstitute the waters. What puzzles Americans, even it.) Nevertheless, if the government and the long-time observers of Canada, is where Official Opposition are so convinced that Canada puts its emphasis. The following is capital punishment is uncivilized, why have a medley of legal cases on both sides of the Canadians never addressed the question border in which Canadian positions appear idiosyncratic.

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Ronald Allen Smith Smith (and presumably all Canadians) should have extraterritorial privileges. Moreover, The Canadian government announced in early they may argue, had Smith been extradited 2008 that it would no longer make special to Canada as was his companion, he would pleas on behalf of Canadian prisoners facing doubtless be walking the streets, “having paid the death penalty for multiple murders in for his crime.” Indeed, this legal approach will countries where there has been a fair trial. instruct Canadians to drag their future victims The proximate case was that of Ronald across the border into Canada before (or after) Allen Smith, who shot two Blackfoot Native killing them. Americans in 1982; there is no question that Smith murdered the men, and he has been The absence of Canadian self-awareness in struggling against execution in Montana for this regard is fascinating. Doesn’t this activity 30 years. Smith’s advocates profess that he qualify as interference in U.S. domestic is a changed man; indeed, one might assume policy? How would Canadians react if U.S. he has changed inter alia by virtue of having legislators claimed that a murderer such as limited access to drugs and alcohol in prison. Paul Bernardo should be executed? Or if His two victims have also changed—but they U.S. officials denounced the 2007 verdict that have only decayed. permits the Pickton pig farm murderer to get a prison sentence (rather than execution) for In March 2009, the Canadian Federal Court his multiple (perhaps as many as 49) killings? instructed the government to continue What if a Canadian killed a U.S. tourist in previous practice in seeking clemency for Canada, and the United States demanded Smith from the state of Montana. In July 2013, extradition after a Canadian trial? Or sought Smith remained on death row, pending further the killer’s extradition to the United States for appeals; however, in March 2013, Montana trial? Would Canadians comply? again rejected a legislative effort to eliminate the death penalty leaving him in jeopardy. To be sure, the Conservative government borrowed trouble by taking its stance against There is a chutzpah factor in the Canadian special treatment in the Smith case in 2008. complaint that Smith should not be executed What it is actually doing in response to that raises U.S. hackles, and also in the the federal court ruling regarding pleas for Canadian court orders demanding that the Smith with the state of Montana is unclear. government badger U.S. authorities in this Without taking a controversial position in regard. Essentially, these Canadians argue 2008, it could just as well have continued to that a Canadian killing Americans in the make meaningless and feckless pro forma United States should be treated as if he interventions with U.S. authorities—which were killing people in Canada. That is, the would have been ignored or dismissed with laws of the United States or any other state distain by local authorities. We assume should not apply to a Canadian, regardless that Ottawa will make the same type of of how carefully enforced, judicially applied, interventions with the same type of results, and rigorously observed, if they accord a but profess to feel morally superior about it. Canadian less privilege than the Canadian would receive in Canada. Indeed, they appear to reflect and certainly imply the belief that

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Omar Khadr Court of Canada declared in April 2009 that Khadr’s Charter rights had been violated and A corollary to the Smith case is that of Omar the government must demand his return to Khadr, who killed a U.S. Army medic and Canada. In January 2010, the Supreme Court severely wounded another U.S. soldier in agreed his rights had been violated but did Afghanistan in 2001. Khadr, who was 15 not require the government to act (managing years old at the time, was fighting as an illegal to avoid direct interference in the executive combatant for the when, rejecting branch’s right to conduct foreign affairs). calls to surrender, he grenaded the U.S. soldiers. Although wounded, Khadr was The Canadian fibrillations over Khadr reflect treated by U.S. forces and subsequently simple anti-Americanism and are a caricature transferred to the Guantánamo prison facility, of reality. was the luckiest where in October 2010, he pleaded guilty teenager in the world and remains one of to all charges and was sentenced to eight the world’s most fortunate adults. Just how years in prison (not including time served). many times in combat does an enemy kill the In October 2011, he requested transfer to unit medic and survive to be captured? Let Canada where he arrived at an Ontario prison alone that Khadr was operating outside of any in September 2012 (the Tory government not formal, national military framework and instead being enthusiastic about recovering this native fighting de facto as part of a terrorist gang. son). Transferred to an Edmonton facility in That he was not summarily tried and executed May 2013, there was no indication how long is apparently irrelevant to Canadians. These he would be incarcerated in any Canadian critics of U.S. action expend not a scintilla “Club Fed” prison as, if he is no longer held in of concern for the widow and now fatherless maximum security for his murder conviction. children of the murdered medic (and the He moved from a maximum security prison to blinded U.S. soldier goes totally unmentioned). a medium security prison in February 2014. Somehow Khadr has become the victim—as if One can expect that upon release, he will be Canadians should be able to travel the world, lauded as a hero finally escaping durance vile, kill U.S. soldiers, and suffer no consequences free to write his book, and milk his survival (particularly if they do so under the age of 18). into profit. Recalling history and the individual capabilities of teenagers, an American might conclude Still, Canadians were and remain outraged, that if Khadr was old enough to be throwing arguing that Khadr was a teenager at the grenades, he was old enough to imprison. time, “a child soldier” not responsible for his actions; that he has been “tortured,” Jeffrey Arenburg denied his rights as a Canadian, and should be released immediately regardless of his Jeffrey Arenburg was the paranoid actions, having been imprisoned since 2001, schizophrenic killer of sportscaster Brian etc. Repeatedly during his imprisonment, Smith in Ottawa in 1995. He was deemed there were calls for the Canadian government sufficiently insane that he never came to trial; to demand his instant release. Throughout instead he was institutionalized and treated the process, Canadians made every effort to until 2004 and subsequently given a full, interfere in the U.S. legal process: the Federal unconditional release in 2006. On November

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29, 2006, presumably a changed man, he attempted to cross the U.S. border, where he was refused entry. Unfortunately, Arenburg The saga of Lord Black of Crosspatch has was not as much changed as one would hope fascinated Canadians for decades. Conrad and Canadians presumably believed. At least Black is doubtless one of the world’s more this time unarmed and limited in the damage intelligent entrepreneurial geniuses as well as that he was able to do. The customs agent a historian of merit. His efforts to revive the whom he punched out doubtless is glad Canadian media, including the creation of he was not shot. Reportedly Arenburg was a deliberately conservative newspaper, The “quickly subdued” and then incarcerated in , both delighted and infuriated a Buffalo prison, pending charges of assault separate sectors of Canadians. Unfortunately, on a federal officer. Question: Did Canadians Black projected the air of being as pompous want him back? Answer: No—. In September and arrogant as he was intelligent and 2008, Arenburg was jailed for two years, but creative. What resulted was a classic clash released in September 2009 and returned— between a powerful financial leader and an unsupervised to Canada where medical equally powerful and vindictive political leader judgment was that he “would likely suffer from who was less than amused by Black’s media psychotic symptoms if he stops taking his attacks. The outcome was that Prime Minister medication.” Jean Chrétien employed an obscure ruling to prevent Black from becoming a British The unfortunate reality regarding lord while remaining a Canadian citizen. schizophrenia is that the medication taken Nonplussed, Black stormed out of Canada, to control the condition often has very slammed the door behind him, and renounced unpleasant side effects, so unpleasant, that Canadian citizenship along with delivering going “off the meds” is a common action. excoriating criticism of the country. The psychotic, feeling good, professes to be healthy or cured. And subsequently that But Lord Black stumbled. To truncate was what was reportedly behind Arenburg’s a legal case that dragged for years, the actions. Moreover, the medications do not United States charged and convicted always continue to work, even if initially Black of fraud and obstruction of justice effective. It should be noted that John based on irregular financial activity in the Hinckley, the attempted assassin of Ronald United States, sentencing him to six years Reagan in 1981, remains institutionalized in prison that he began serving in February with very limited outside visits to his family. 2008. In June 2010, elements of his fraud Presumably, Canadians would be sympathetic convictions were set aside by the Supreme with John Hinckley; Americans have more Court and returned to the sentencing court sympathy for our border control customs for reconsideration. Black’s obstruction of agent and disgust for Canadian inability to justice conviction continued to stand. Further institutionalize their psychotics—or at least appeals failed, and Black was returned to keep them under tight medical supervision. prison in September 2011 still whining about U.S. justice and proclaiming his innocence. Released in May 2012, he continues to

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characterize U.S. prisons, as scarcely better various human rights groups wanted them than the black hole of Calcutta. tried in Canadian courts (at a cost of millions of dollars with indeterminate results) rather But a fascinating subplot was that Canadians than returned to their countries of origin. were outraged. Here you have a non- These positions, of course, had nothing Canadian, who directed a considerable to do with “privacy” or “human rights” and amount of vituperation against Canada, everything to do with liberal attitudes that imprisoned for violating U.S. laws. The immigrants, regardless of their legality or trial was carefully conducted; Black was criminality, need protection from security defended by a stable of the most expensive forces. and talented U.S. and Canadian lawyers. But Canadians believed they should have a say in The good news was that by mid-August, six how long a sentence he served and how he of these “Dirty Thirty” had been located and should be incarcerated—some even argued arrested; three had been deported. Whether that he should serve it in a nice Canadian the remainder of those escaping-and-evading prison! As far as Black is concerned, 30 will be apprehended or the ever-so-slow- Americans are more inclined to say, “if you grinding deportation machinery will actually can’t do the time, don’t do the crime.” And remove them from Canada is another story. if a U.S. magnate is convicted of crimes in Canada, one doubts whether Americans will That Little “Extra” in Extradition complain so vociferously. The concept of extradition is reasonably clear. Canadian Law and An individual cannot commit a crime in one country and then escape to another to evade International Justice punishment. Nor can a citizen of one country go to another country, commit a crime there, In the summer of 2011, there was one and return to the home country to escape of those scratch-your-head exercises prosecution. Two countries reach agreement demonstrating that Canada might as well be that they will “extradite” such individuals, on the dark side of the moon so far as the returning them to the country in which the attitudes of some of its citizens are concerned. crime was committed to face trial, and To wit, in July the Public Safety ministry posted punishment, if convicted. The crimes for which on its Web site pictures and names of 30 Canada and United States seek extradition individuals whose requests for refugee status must be crimes in both countries, and the were denied by the Canadian refugee system; individual must not be being prosecuted in they then disappeared prior to deportation. the country from which he is being extradited. They were suspected war criminals whose Thus, for example, an individual such as presence in Canada was illegal. Gregory Despres, a naturalized U.S. citizen, was quickly extradited to Canada when But the CBC refused to publish the names charged with the 2005 chainsaw murder of and photos—ostensibly due to invasion of two neighbors in New Brunswick. Naturally, their privacy and unproved allegations. Of Canadians complained that we should have course the CBC will publish photos of other acted more quickly—denying a U.S. citizen individuals sought for criminal offenses. And

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entry to the United States when there was by the Canadian government was rejected in no outstanding warrant against him—and May 2011, but in July the government further gave no thanks for our prompt extradition. appealed the decision. Reportedly, Khadr’s How did the case end? In a March 2008 lawyer has said, “When a U.S. government… ruling, Despres was regarded as not criminally steps into a Canadian court they have to responsible. Presumably after treatment, arrive with clean hands.” And the Canadian as of mid-2013 he had been held in a court endorsed Khadr’s credibility over the penitentiary-associated “healing center,” he U.S. government request. In November may be regarded as cured—and have another 2011, the Supreme Court declined to hear opportunity for creative use of his chainsaw. the government appeal, releasing Khadr. The Ontario Superior Court judge sanctimoniously Thus the essence of extradition is simple; proclaimed that, “We must adhere to our however, the reality—particularly the bilateral democratic and legal values, even if that Canada-U.S. reality—has become increasingly adherence serves in the short term to benefit complex. Is the “crime” for which a country is those who oppose and seek to destroy those seeking the return of its citizen really political values.” The sheep bleat; the wolves feast. opposition on the level of “free speech” rather than a crime? Or more to the bilateral point In July 2006, deep in the viscera of Canadian even if an action is a criminal offense in both summer, the Canadian Supreme Court countries, if it is punished more severely released two decisions on requests for in one country than the other, should the extradition. Both were of obvious importance individual be extradited? to the individuals whose efforts to avoid extradition were rejected by the Court as Canada has not always been particularly well as policy wonk extradition lawyers. responsive to U.S. requests. Nonetheless, media and national attention remained focused on backyard barbeques, The Abdullah Khadr Case global summer silliness, and carnage in the Middle East. Understandable, as most of us Abdullah Khadr is the older brother of Omar are not lawyers or criminal offenders subject Khadr. In a complicated exercise dating from to the extradition hammer. his detention in in 2004 on terrorism charges, after extensive interrogation by We pay attention to extradition only when Canadian and U.S. government intelligence some big name or big story surfaces: an officials, he was repatriated by Pakistan individual charged with murder, an alleged to Canada in December 2005, followed organized crime figure, or a “King of Pot”. immediately by a U.S. extradition request. However, these cases are but the tip of the Canadian officials jailed Khadr, but he iceberg. So far as Canadian-U.S. bilateral fought extradition, claiming that confessions relations are concerned, extradition has the made in Pakistan resulted from torture (an potential for instant escalation, so a little extra unproved allegation beyond the intimation that attention would be worth the while. incarceration in a Pakistani jail is the Canadian equivalent of torture). In August 2010, the In the first instance, throughout the Vietnam Ontario Superior Court denied the extradition War, Canada served as a haven for U.S. request and freed Khadr. A subsequent appeal deserters and draft dodgers—individuals who

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were indeed breaking U.S. law. These men juridicially visible, although one can assume he received sanctuary in Canada as if they were will adopt the same legal tactics as Hinzman. pre-Civil War slaves who had escaped to Both have “gamed the system” for years and freedom. There are former American citizens continue to play its angles with consummate (now Canadians) who will never come “home” skill and the talents of the best available despite amnesty; just as there are Americans Canadian legal assistance. They exploit the who still regard this Canadian action as the manner in which Canadian law operates to equivalent of giving aid and comfort to an permit them to evade U.S. justice. enemy in wartime. Now the issue of U.S. military deserters for the Iraq and Afghanistan The relevant Canadian government bulletin wars is in play. regarding deserters released in July 2010 states that refugee claimants are inadmissible Jeremy Hinzman and Brandon if they have committed an offense outside of Hughey, U.S. Military Deserters Canada that would carry a maximum term of 10 years in prison in Canada, where desertion Although the cases of Jeremy Hinzman and has a life imprisonment sentence. The bulletin Brandon Hughey were detailed during the has had no discernable effect on de facto discussion of Canadian immigration and anti-desertion action other than to prompt refugee policy in Chapter 4, they warrant a Liberal private member bill to introduce a additional elaboration in review of extradition. bill that would permit deserters to apply for permanent residence. That bill failed a second Hinzman and Hughey are U.S. soldiers who reading in September 2010 and has not fled to Canada in early 2004. Both men were been revived in the post-May 2011 election volunteers, not draftees. They contracted parliament by the Opposition, which may for “unlimited liability” associated with their have better cudgels with which to belabor the military commitment. But military service government for the nonce. entails risk—and they wanted only benefits. Firefighters may prefer to rescue kittens The conclusion is that Canadians are ignoring from tall trees and police officers to help old U.S. requests for deserter extraditions. They ladies across streets, but they also contract opposed U.S. presence in Iraq and hell will to enter burning buildings and go down dark freeze over (or global warming will become a alleys after armed criminals. But although new Ice Age) before Hinzman or Hughey will the Hinzman and Hughey claims for refugee be returned to the United States by Canadian status have been repeatedly rejected and authorities. Even should every legal decision appeals turned down at every level, including go against them, they will “disappear” into the Supreme Court in November 2007, the confines of “friendly” Canadian society they remain in Canadian comfort. Although with their locations widely known, but no one Hinzman was ordered deported, there is no willing to enforce deportation or extradition expectation that he will be returned to the orders to arrest them and execute required United States in the near term as his lawyers legal action. are now exploiting a new avenue of appeal In the second instance, there are a number of (that he will suffer “undue hardship” if returned crimes: murder and narcotics offenses that are to the United States). Hughey has been less potentially punished more heavily in the United

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States than in Canada. In many jurisdictions of outstanding requests; however, with a higher the United States, an individual convicted of incidence of violence (three for homicide, four first degree (premeditated) murder can receive assaults) but fewer (two) narcotics charges. the death penalty. Nowhere in Canada, One individual has been sought since 1994 for regardless of how heinous the crime (read a homicide in British Columbia; he is currently Homolka and Bernardo, Air Force Colonel incarcerated for an unrelated homicide in Russell Williams, Clifford Olsen, or Robert Ohio. Pickton), will a convicted criminal receive the death penalty. Canada has sought to In a more recent case, Hassan Ammar’s receive assurances that an individual sought petition for a refugee claim was accepted by the United States for first degree murder in Windsor, Ontario, in November 2011. He will not receive capital punishment; this is an sought to thwart extradition to Michigan for unresolved issue. Indeed, what would Canada assaulting a nightclub worker, claiming he have done if Timothy McVeigh (the Oklahoma feared for his life “at the hands of Lebanese City bomber), the “Beltway Snipers” who Shiites and ”. Just another terrorized metropolitan Washington, DC in puzzlement of Canadian law. 2002, or the Tsarnaev brothers (the Boston One fillip in Canadian prevarication in Marathon bombers) circa 2013 had reached responding to U.S. extradition requests Canada, which some reports suggested was was the legal ruling in January 2008 that their objective? the United States practices torture and A listing that dates from late July 2006 thus was no longer a safe third country to (the latest material available) identified 320 which individuals can be deported. Such a individuals for whom the United States was ruling—mischievous malice masked by legal requesting extradition, often on multiple language—would have provided accused charges. Of these, better than one-third murderers such as Arthur Carnes (arrested in (117) of the suspects were wanted on British Columbia in January 2008 for a murder narcotics-related offenses. Next came fraud, committed in California) further rationale including telemarketing fraud (92), and money to supplement his claim for refugee status laundering (42); both these offenses were in Canada. Even without these additional often combined with “conspiracy” (116). There obstacles, convicted murderer Charles Ng were relatively few violent, high profile crimes: fought extradition to California for six years 14 cases of homicide, manslaughter, or arson; before he was returned in 1999, whereupon and 16 cases of sexual assault or rape. the state convicted him of 11 murders. Now, 14 years later, he remains on death row. Clearly these requests are not handled rapidly. Among this 2006 group, there were Happily, as noted earlier, the “torture” ruling 28 requests pending from 2000 or earlier (the was reversed on appeal; we await the next longest from 1994) with another 16 dating illustration of Canadian creativity intent on from 2001. proving that because the United States is not Canada, it is not an acceptable society—even As one might anticipate, there is much for the worst of criminals to endure. less action on the Canadian side: only 16

101 ALTERNATIVE NORTH AMERICAS 6 HUMAN RIGHTS AND WRONGS

rish rock singer and personality Bono has Of course Canada is hardly unique as a Ioffered the cliché: “The world needs more nation that seeks to generalize globally Canada.” from particularized experience. It is a rare country indeed that is not a hero in its own To be sure. The world can always use another eyes and its history books, and a paradigm large, resource-rich, relatively unpopulated for emulation in its leaders’ speeches (for country that has a benign neighbor on one example, in the annual speeches by visiting border and fish on the other three. dignitaries at the UN General Assembly annual opening session). However, many others A country that has never been invaded might conclude that Canada is the national and never been occupied can come to the equivalent of a man “having been born on conclusion that such circumstances denote third base but thinking he hit a triple.” virtue rather than chance. A country that has never fought for independence, successfully To be sure, the Canadian government’s avoided civil war, and has escaped commitment to protecting and extending ethnic cleansing, racial massacres, brutal human rights is worthy of sincere praise and dictatorships, and murderous repression may respect. Canada and its citizens have much find the full spectrum of human rights to be for which they can be pleased, thankful, a convenient and natural national standard. and proud. Canada enjoys the proverbial A country with every conceivable economic language from its 1867 North America opportunity and technological advantage can Act—“peace, order, and good government”— conclude that its sociopolitical circumstances and by and large its people recognize their are natural templates for others. good fortune and live their lives within the rather wide parameters of existing law and Or that its sanguine idiosyncratic regulation. Consequently, on a year-to- circumstances should be projected universally. year basis, the annual U.S. Department of

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State’s Country Reports on Human Rights Canadian community relates to its own Practices evaluates Canadian human rights members as well as to other Canadians is a circumstances positively. Nowhere in Canada matter of considerable controversy—and may will one find any equivalent to the massive well affect the rights of the Canadian majority abuses of individual prevalent in as well as those of the aboriginal minority. China, Iran, or North Korea; the intense Coincident with this problem is the question religious repression evident in much of the of whether Canadian property rights are Middle East or South Asia; the deterioration adequately protected. The most basic element of once hopeful democratic developments of protecting human rights, the structure of in countries such as Russia; the murderous the legal system, lacks a level of balance, thus internecine conflict afflicting many African leaving it open to questions concerning the states; or the corruption and narcoterrorism potential for official manipulation and abuse. in assorted Latin American states. Thus in the 2009 Human Rights Report (HRR), the Following is discussion of some of these topics. key judgment for Canada was that “The government generally respected the human The Judicial System rights of its citizens, and the law and judiciary provided effective means of addressing The key to protecting human rights is an individual instances of abuse.” Although such honest, well-designed, and respected legal a description might appear minimalistic and system. As examined separately in Chapter formulaic, even grudging in its phraseology, 5, Canada is committed to the rule of law it was the bureaucratic equivalent of an “A” and has an elaborate system of law and report card. regulation, police, courts, and appeals. The judicial system is independent and cannot The 2010 HRR dropped such generalized be directly over-ruled by political authorities. language to avoid controversial national There are no blatant exercises in judicial characterizations, but its overall excess, imprisoning the innocent on the basis characterization of Canadian human rights of fabricated evidence or in accordance with was unquestionably positive. The descriptions palatably unfair legislation, or systematic in subsequent renditions of the HRR have abuse of those arrested or imprisoned. been positive as well, most recently for 2012—and deservedly so. However, the manner in which federal judges are selected is one essentially without Nevertheless, the HRR’s Canada chapter restrictions, controls, or checks and balances. skirts or avoids a number of topics that The limitations are nominal; parliamentary are worthy of more searching and critical oversight is risible—substantively absent examination. Specifically, Canada has although technically present for Supreme instituted, maintains, and is expanding limits Court nominees. If the prime minister could on free speech to an extent that they are not appoint his horse to the bench (as becoming serious constraints on press and Caligula appointed his to the Roman senate), media publication and public speech, resulting it is more because the horse was not literate at a minimum in extensive self-censorship. in both official languages than that it was The manner in which its aboriginal and Native politically impossible to do so. The Canadian

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judicial system depends totally on the fair “recall”), one can only anticipate that legal selection of qualified judges by dispassionate decisions ultimately will reflect the attitudes political officials seeking to select the “best of the dominant political establishment that and brightest” from the spectrum of Canada’s makes the appointments. lawyers. Betting against abuse of such a system is not a good bet in the long run. One obvious illustration would be the absence or exclusion of Quebec “separatist” Consequently, the controversial charge during judges from the federal system. Nor is there a recent federal election rings true, that the the slightest expectation that any will be long Liberal Party domination of government appointed. On the one hand, why would any (1993-2006) resulted in a judiciary reflecting federal government presumably interested Liberal policies and attitudes toward in its survival and effective operation put in governance. Likewise the counter comment positions of legal authority individuals who resonates—that the current Conservative seek to end the country? On the other hand, government, now expected to be in power there are doubtless highly qualified legal with a majority at least until the next election minds such as Daniel Turp, , in 2015, is poised to reverse this Liberal , and , domination. Indeed, how could it be otherwise who would be or would have been excellent when the prime minister appoints all judges judges. But they will never be accorded the without parliamentary review or debate—let opportunity. Does the systematic exclusion alone a vote on their qualifications? It is on political grounds of the approximately 45 based on an assumption of perfect probity percent of the Quebec population that might and abstract idealism regarding legal be identified as “separatist” deny them legal outcomes that ultimately have profound representation by their peers? social consequences. It is perfectly natural to select individuals, technically (perhaps even Likewise, one might ask whether the superbly) qualified in “the law” to be sure, percentage of judges reflecting the socialist whose political sympathies will ultimately be principles and attitudes of the NDP equates reflected in their legal decisions. In as litigious with the numbers voting for the NDP in federal a society as is Canada, there is no shortage elections (approximately 31 percent in the of technically qualified individuals of every 2011 election). political, social, or ideological persuasion— Essentially, should political “proportional and in all conceivable ethnicities and genders. representation” as well as implicit gender And indeed, the most intensely debated social proportionality apply to the courts as well as issues in Western democracies: political to elected officials? representation; gender, race, and religious rights; marital arrangements; when life The United States has taken a different begins—and ends; and the personal use of approach. Our court system is “mixed” with chemical consciousness altering substances; some judges appointed and other elected. are all “legal” issues. But in Canada, when the Invariably, however, there is a “check” on the government appoints all of the judges, without power of the judges: those elected must face significant external review or opportunity for the electorate both initially and eventually public contribution (let alone subsequent again if they seek reelection. Those appointed

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require legislative approval and reconfirmation Abstractly, the U.S. Supreme Court might for upward movement within the legal system. be constructed to incorporate the country’s The results can be and are criticized as finest legal minds, perfectly cognizant of The “political” and frequently politicized—as well Law—and thereby be composed of nine as bureaucratically messy—both for those white Jewish males. Their legal brilliance appointed and elected; however, both election might be unarguable; however, the societal and legislative confirmation for appointees acceptability of their decisions would be provide additional legitimacy for controversial less than the current court, which, although decisions and individuals that would otherwise hardly a direct reflection of the U.S. racial, be lacking. And the legal competence of ethnic, gender, and religious composition, elected judges arguably appears to be has not systematically and deliberately comparable to those appointed. excluded any group. Indeed, each member has gone through the fiery furnace of Senate Both U.S. approaches provide a serious confirmation and must appreciate, albeit it opportunity to examine the qualifications and retrospectively, the legitimization that the attitudes of those placed in positions of legal process accords them. authority over the population. This is quite appropriate. Twenty-first-century law is not And the many, frequent critics of individual delivered from on high in golden tablets; in Supremes can take grim satisfaction in having a democracy, it is a reflection ultimately of extracted at least a modicum of information evolving popular opinion. An unjust law—or on their judicial philosophy—and in a number simply one that is highly unpopular or has of relatively recent cases either defeated become unpopular over time—will not be them (Robert Bork) or forced their withdrawal obeyed. As an example, “substance abuse” is (Harriet Miers and Douglas Ginsberg). in the mind of the beholder or user, and views about which substance is most worthy of Hate Speech and Federal criminalization, e.g., narcotics versus alcohol and Provincial Human Rights versus tobacco, have changed over time and are still evolving. Likewise, for the protracted Tribunals struggle to come to terms with individual sexuality and its societal ramifications. Reviewing U.S. analyses, Canada continued to get an implicit “pass” for its restrictions A judicial system that is regarded as unfair or on freedom of speech in the 2009 HRR; unrepresentative will not be respected, and however, there was somewhat greater critical when judges have no connection to those observation than in the past. The report they are judging, their authority can become noted without endorsement or comment that problematic. Consequently, when Canadian “some advocates [of free speech] argued judges with no popular or parliamentary that the hate speech laws limit freedom of mandate increasingly enter public debate to speech and criticized the requirement that whinge about the absence of respect for their commissions process all complaints received, decisions or them personally, it only begs the the procedures that permit commissions question of their standing both legally and in to investigate and adjudicate complaints, the public eye. and the ability of complainants to file

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identical complaints with several provincial has an obvious chilling self-censorship effect commissions, each of which may adjudicate on all but the most combative journalist with without attention to others.” The 2010 HRR very deep pockets to battle nuisance charges repeated this observation, but the 2011 in the human rights commissions. And to fight and 2012 HRRs simply note that “Laws them over and over—with the plaintiffs free prohibit speech or programming containing to withdraw at any point without suffering a any abusive comment that would expose negative judgment—is the norm. Although individuals or groups to hatred or contempt…” there was pushback by journalists and the with federal and provincial human rights media in 2010 and 2011, the power of the bodies empowered to enforce the law and/or human rights commissions—both federal and provincial codes. provincial—to work mischief remains largely unchecked. Still even such feeble demurs are a slight expansion on previous human rights reports. The 2012 HRR also records and repeats The 2007 HRR took only nominal notice of previous HRR language without comment the free speech consequences of Canada’s regarding Canada’s essential limitations on hate speech and human rights tribunals. free speech: Regarding the tribunals, there was, however, one not too subtle alteration of the 2007 The Supreme Court has ruled that the text. Previously the 2006 HRR stated, government may limit free speech in the “Human rights violations may be heard name of goals such as ending discrimination, by the provincial or federal human rights ensuring social harmony, or promoting gender commissions. Remedies can be monetary, equality. It also has ruled that the benefits of declaratory, or injunctive.” The 2007 edition limiting hate speech and promoting equality stated, “Alleged [emphasis added] human are sufficient to outweigh the freedom of rights violations…”—an appreciation that speech clause in the Charter of Rights and to be charged does not imply guilt. It also Freedoms… noted without further comment that Canadian This approach is dramatically different from journalists “increasingly criticized” human the approach of the United States where free rights commissions for accepting cases speech is virtually unrestricted (no right to “mildly critical” of religious and minority cry “fire” in a crowded theater when there is organizations (language not subsequently no fire). Canadians seem to believe that the repeated in the 2009 or subsequent HRRs, childhood slogan that “sticks and stones may this criticism presumably was regarded as break my , but words will never hurt subsumed within the earlier critique of the me” was designed for an era when its citizens action of human rights commissions). were made of sterner stuff with stronger The wide-ranging latitude of Canadian psyches. One awaits the case of pre-teens provincial human rights commissions to charged for the equivalent of shouting, “Your charge individuals and publications with mother wears combat boots” at classmates. “hate speech” and force defendants into expensive legal defenses can only inhibit Hate Speech public examination of controversial issues. It The origin of Canada’s human rights tribunals

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and the country’s hate speech law is Section and that Hitler was trying to “clean up the 319 of the Criminal Code circa 1985. Over world” when he “fried six million of those the years, its focus was directed against guys,” Ahenakew attracted massive counter anti-Semitic diatribes and Holocaust deniers criticism across Canada—reaction driven and activists such as Ernst Zundel, James as much by his prominence as the odious Keegstra, and Malcolm Ross. The result nature of the statements. And while offering was a massive legal hammer with which to apology, Ahenakew repeated his belief in his pound their and other comparably odious statements and reportedly blamed “the Jewish commentary with the consequences of firing, controlled media” for his problems. jail, fines, deportation, and restrictions on their publications. The massive societal reaction included stripping him of the and In 1990 the hate law restrictions on free general ostracism. Nevertheless, on appeal, speech were upheld by the Canadian the verdict was overturned in 2006, leaving Supreme Court in R. vs. Keegstra. The the choice of a further appeal Code states that a person cannot be to the Supreme Court, retrying the case, convicted of promoting hatred if she or he or dropping the charges. In early 2008, establishes that the statement is true, but only the Saskatchewan Justice Ministry elected where the accused proves the truth of the to retry the case, but in February 2009, communicated statements on a balance of Saskatchewan Provincial Court Judge Wilfred probabilities. Otherwise, a conviction would be Tucker acquitted Ahenakew because his a violation of Section 11(d) of the Charter. That statements, while “revolting, disgusting, and section guarantees “the right to be presumed untrue,” did not show any intent to incite innocent until proven guilty according to law hatred. in a fair and public hearing by an independent and impartial tribunal.” Keegstra, being unable During the course of this extended process, to prove that his anti-Semitic and Holocaust- there was a degree of reconsideration, not denying statements were true rather than a of the acceptability of Ahenakew’s views, but matter of opinion, lost the case. rather whether there was a teaching lesson in further belaboring a then-74-year-old whose The David Ahenakew Case mental stability could be questioned and whose physical condition was in decline. Was One of the most prominent recent “hate another round of racist ranting and rancorous speech” cases is that of former national rebuttal a productive defense of good chief of the Assembly of First Nations and sociopolitical conduct? lifelong Aboriginal leader David Ahenakew, who verged on the pathetic rather than It is hard to extract a moral from this debacle the pathological. Ahenakew was charged beyond, “Keep your mouth shut regarding the in 2002 and convicted in 2005 under Holocaust.” Saskatchewan’s hate crimes legislation for Ahenakew died in March 2010; he had vicious characterizations of Jews, the origins apologized but never recanted his views on of World War II, and the Holocaust—that also Jews. Nor did his acquittal get him back his had the onus of comprehensive error. Stating Order of Canada. in an interview that Jews were a “disease”

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Holocaust Denial these limits are also accepted globally albeit debated in their particulars. More generally, Canadians should re-examine continued prosecutions related to fascist and Free speech demands that proponents Nazi . Ostensibly, Canadian of even the most unpopular political and laws restricting free speech and the creation philosophical opinion be permitted to speak. of the human rights tribunals focused on The classic adage attributed to , “Holocaust deniers.” They are individuals who “I disapprove of what you say, but I will claim that the massive slaughter of European defend to the death your right to say it,” civilian populations, particularly but hardly must remain the baseline for societal free restricted to Jews, by the -led speech. Thus Holocaust deniers should be German Nazi government in World War II, did vigorously confronted by those presenting the not occur. These individuals contend, inter countervailing facts in any and every forum alia, that no such events took place, in effect, of opinion—confronted but not criminalized. that the Holocaust claims are a massive Those who would prevent Holocaust deniers fraud of fabricated evidence and lies to foster from speaking perversely imply that the sympathy and support for Jews, or that the deniers are correct—that the reality of the Holocaust was created by the Jews. The Holocaust is not convincing to an abstract, deniers’ objective is to promote a resurgence skeptical, or previously uninformed observer. of and anti-Semitism by attempting Rarely, if ever, will respondents convince to erase the reality that Hitler and the Nazis the denier; however, by suppressing the murdered millions of completely innocent argument, they give it strength—as historically people. has been the case for all suppressed ideas whose attractiveness and presumed accuracy Holocaust deniers are the current equivalent gain credence from those dubious of any of proponents of a “flat earth”. They are government limitation or repression. It gives verbal exhibitionists with mental problems those “acting out” their alienation a safe rather than social or political activists posing rebellion—after all, they realize they will not threats to public safety or order. If their words be beaten to a pulp by Holocaust believers. become deeds, there are adequate laws, such When you make something illegal, you as those regarding assault, trespass, and increase its allure while simultaneously giving destruction of property, that are capable of those prosecuted for expressing a belief the generating a more than adequate response to status of a martyred underdog persecuted such crimes. by a repressive “over-dog” state—as well as providing them with extensive publicity. The issue for free speech advocates is the legal denial of such speech or of any The United States has endured speech that speech—other than the classic statement that is and remains overwhelmingly unpopular and you have no right to yell “fire” in a crowded offensive. The most obvious example is the theater when there is no fire. Likewise, even burning of or other defacement of the U.S. vigorous free speech advocates accept flag which is regarded as “speech.” Despite limitations on speech that can be prosecuted extended political effort to criminalize such in court as slander or libel (the definitions conduct, its constitutional protection continues. of which differ from country to country);

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As another illustration, a 1969 Supreme Court plaintiff and, given the frequently impoverished decision acquitted a Ku Klux Klan leader of nature of such individuals, provide financial “advocating crime, sabotage, violence, or support for them to pursue their claim. These unlawful methods of terrorism” after calling praiseworthy objectives have been turned on for “revengeance” against African-Americans their head; instead of comforting the afflicted, and Jews. The court’s conclusion was that they are now frequently devoted simply to speech could be curtailed only when it moves afflicting the comfortable. A commission to “incitement to imminent lawless action” and was meant to deal with deeds, not words, that the state “cannot constitutionally punish attitudes, or ideas. abstract advocacy of force or law violation.” Other intensely felt and debated causes— The core of the aberrant approach to the from every U.S. military operation since the tribunals lies in the 1977 Canadian Human end of World War II to the rights (or not) of Rights Act (and associated provincial the unborn—have been vigorously, freely, and legislation) to implement human rights passionately debated. Canada should have tribunals as described in its subsection 13(1). equal courage to accept dissent. The section states that one cannot publish or communicate anything that “is likely to expose In contrast, in May 2013, the York Regional a person or a class of persons to hatred Police told the rabbi of a local synagogue or contempt.” One does not have to urge that if he permitted to speak, discrimination or express personal hatred of he would lose his position as police chaplain. someone. All that is required for a complaint Geller is a vigorous opponent of sharia law is the conclusion that the complainant was who, arranged for a memorial for Aqsa exposed to contempt. Accuracy is not a Parvez, a Muslim girl “honor”-killed by her criteria; it is the feelings of the complainant father in 2007. But a York police spokesman that are being assessed. It is hard to construct was quoted as saying, “Some of the stuff that something more open to malicious sanctimony Ms. Geller speaks about runs contrary to the and personal vendetta. And, although the values of York Regional Police and the work federal element of this act was repealed in we do in engaging our communities.” One July 2013 (see below) the provincial legislation really must wonder about these “values” as remains extant. well as those of the rabbi who withdrew Ms. Geller’s invitation. As reported, the rules and procedures of Canadian human rights tribunals profoundly Human Rights Tribunals depress any observer of human rights. One can only imagine the Kafkaesque reactions of The original intent of the commissions was those flailing in their toils. to serve as low-level, quasi-judicial bodies to arbitrate disagreements about housing, Observers describe a system in which the employment, and other problems, where a recipient of a human rights complaint need complainant believed that race or gender had not be told who the complainant is or what resulted in discrimination against them. With action is alleged. The recipient is left in limbo that objective in mind, it was reasonable (or awaiting further information. The normal at least arguable) to provide anonymity to a common law juridical rules of evidence are relaxed as are the standards of proof.

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Many commissions hear a plaintiff in secret, the enforcement of the policy.” The tribunal denying a defendant the right to confront assessed penalties against the business an accuser. Others admit hearsay. Unlike a owner of $36,000 and, when the owner did trial, the truth is not necessarily an not have such funds, the tribunal ordered that adequate defense. There is no presumption her home be auctioned to obtain the required of innocence. The commission determines compensation. In a burst of surprising who may accompany a defendant as counsel sanity, in early 2011, the Ontario Superior and advisors as well as his right to call Court overruled the human rights tribunal as witnesses and experts. The panelists are “fatally flawed.” But think for a moment of the not judges; they need not even be lawyers. personal and financial costs endured by the They can question the author or publisher on small business owner—because the case did their “intent” and their thoughts in publishing not end; it was returned to the human rights material. Consequently, it is infinitely easier to tribunal for rehearing. convict a defendant in a human rights tribunal than in a court of law under hate crimes Probably even more odious was the revelation legislation. Reportedly in federal Section 13 that members of the Ontario Human Rights cases, there is a 100 percent conviction rate. Commission frequented “hate” Web sites In effect, the accused is presumed guilty upon and posted messages under aliases. Clearly being accused. trolling for alleged violators of their regulations (or perhaps just scaring up business for the Thus to be charged—regardless of whether tribunal), this is so obviously an exercise in convicted or having the accuser ultimately entrapment as to be awe inspiring in audacity. drop the complaint as is often the case—is Although the most egregious case involving to be severely damaged. The defendant planted alias messages was dismissed in must appear before the tribunal at personal September 2009, it was concluded under the expense (the accuser has expenses paid by semi-legal auspices of the Canadian Human the government). The defense effort may well Rights Commission leaving the procedures absorb hundreds of hours of personal time and policies of the HRC unchanged. (lost opportunity costs), tens of thousands of Indeed, such exercises force one to wonder dollars, and unpredictable levels of emotional just how many of the swastika markings distress. It is the type of exercise that you and defacements on Jewish sites can be would wish on your worst enemy. attributed to those whose rice bowl might be broken should ostensible evidence of “hate” As one example of such, the owner of a decline. One does recall that the RCMP small business assisting new immigrants was burned a barn to prevent Quebec separatists taken to the Ontario Human Rights tribunal from meeting with U.S. Black Panthers. in 2009 over the claim of a dismissed, short- term employee centering on the odors of Federal Repeal Action the food the employee was cooking. The tribunal determined that the firm had not In February 2008, then Liberal MP Keith “deliberately targeted” the employee over the Martin filed a private member’s bill (often microwave policy; “however, the applicant regarded as a “forlorn hope” from the slim argued that she was adversely affected by chance that such bills ever become law) to strike subsection 13(1) from the Human Rights

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Act. Martin’s bill was not well received by then prompted enormous global outcry, riots, and Liberal leader Stéphane Dion, who admitted violence by Muslims, published that he requested that Martin withdraw the the cartoons in the Western Standard. He was bill. Unsurprisingly, the bill did not become the sole publisher in Canada to do so. The law (very few private member efforts do cartoons were unarguably newsworthy and succeed). Nevertheless, there was a steady provided Canadians with an insight as to what stream of efforts to delete subsection 13(1), was so infuriating to Muslims. For most (non- including delegates at the 2009 Conservative Islamic) Canadians, the response was “not Convention voting to delete the item. much there”—they had seen significantly more Ultimately, however, another private member’s offensive cartooning and, if they had thought bill, this time by Tory MP , was about it at all, filed it mentally under “free adopted by the government, passed by .” Certainly in the United States, artistic House in 2012, and ultimately agreed by the items such as the dung-splattered portrait of Senate in July 2013. It will come into full effect Madonna Mary mother of Jesus and the “Piss in July 2014. The consequence is useful for Christ” representation of a crucifix in a jar of free speech—but it only strikes down federal urine were offensive to Christians; however, restrictions on human rights commissions despite critical comment there was no legal regarding “hate” speech. It leaves provincial action. regulations in operation. Nevertheless, a Muslim imam, Syed Perhaps more indicative and ultimately Soharwardy, after thrice failing to convince conducive to the federal repeal, one of the Calgary police to arrest Levant, brought founders of the Canadian Civil Liberties charges against him in the Alberta Human Association, Alan Borovoy, when faced Rights Commission. The commission with actions by human rights commissions, accepted the case, and in January 2008, turned against them. He offered the trenchant Levant was interrogated by Shirlene criticism, “I was involved in campaigns to McGovern, a commission official. Levant, in create the human rights commissions. It a demonstration of the chutzpah for which never occurred to any of us that human rights he is noted, videotaped the interview2 in commissions would be used to muzzle the which he excoriated the commission official free expression of ideas.” with a passionate defense of civil rights and free speech. McGovern appeared neither Although these tribunals have restricted free impressed by Levant’s nor impressive speech since the early 1980s, there are three in her response. recent cases of particular note—all of which were undertaken by or engaged provincial In July 2008, Soharwardy withdrew his human rights tribunals: complaint, leaving open the potential for renewing it at some further point and denying Ezra Levant, the Western Standard, and Levant the full vindication from having the Danish Cartoons complaint dismissed. Immediately after the 2006 publication in Denmark of a series of cartoons depicting , Maclean’s, and America Alone Mohammed, an act forbidden under that In 2006, Mark Steyn published America

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Alone, an extended assessment of guilty without a hearing. Finally, in October European demographic and socio-political 2008, the BC Human Rights Tribunal also circumstances that argued Islamic birthrates reluctantly conceded Steyn’s and Maclean’s and political attitudes were substantially innocence and that the material was a altering European traditional culture. It matter of opinion. Having won twice, Steyn postulated the result would be reduced and Maclean’s viewed the BC activity with freedoms and liberties in Europe and deserved contempt and did not even appear embattled circumstances for “Western” before the BC tribunal. values. Maclean’s subsequently published extracts of these controversial opinions in an Rev. Alphonse de Valk, Catholic essay by Steyn and later printed a wide variety Insight, and Gay Rights of countervailing opinion and rebuttals from In a less publicly prominent case, Catholic many quarters, including Canadian Islamists. Insight, a Canadian Christian magazine The magazine’s responses were deemed emphasizing fidelity to church teaching was insufficient by militant Muslim Mohamed charged in February 2007 by Rob Wells of Elmasry and the Canadian Islamic Congress the Gay, Lesbian, and Transgendered Pride who brought cases against Maclean’s in Center of Edmonton with promoting “extreme the federal-level Canadian Human Rights hatred and contempt” against homosexuals. Commission as well as the Ontario and The Canadian Human Rights Commission British Columbia provincial commissions. investigated Wells’ complaint. Rev. de The complaint charged that Steyn’s essay Valk, founder and editor of the magazine, is “flagrantly anti-Muslim.” Steyn responded responded that the publication presented with observations on the questionable the teachings of traditional Christianity and qualifications of Elmasry and others to assess in commentary on homosexuality, argued, . inter alia, against same sex marriage. De Valk claimed that Wells’ citations were “isolated Ultimately, the commissions backed away and fragmentary…without any context” and from the case—while getting in some dated back more than a dozen years. In snide cheap shots at Steyn and Maclean’s his view, Wells’ actions were harassment in the process. The Ontario HRC in April of legitimate religious commentary and 2008 refused to proceed, saying it lacked teachings. More generally, Catholics contend jurisdiction. However, it “strongly condemned” that homosexuals have openly promoted the material and continued by noting that the hatred toward Catholics without being commission “is mandated to express what investigated by human rights commissions. it sees as unfair and harmful comment or conduct that may lead to discrimination.” The Apparently in August 2008, the commission federal HRC dismissed the complaint in June dropped the complaint against de Valk and 2008 after its head excoriated Maclean’s in a Catholic Insight and closed the case; de public letter to the magazine saying “hateful Valk remained responsible for $20,000 in words sometimes lead to hurtful actions legal expenses. Wells reportedly, however, that undermine freedom and have led to appealed the dismissal and in August 2008 unspeakable crimes.” Steyn responded to the asked for a new hearing in Edmonton, Alberta; Ontario HRC by noting that it had found him however, there is no record of further action.

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Although these illustrations of restricting free censorship. The most obvious form, in speech are more dramatic, lesser but still undisguised dictatorships, reflects the reality noteworthy of attempts to criminalize hurt that if you write or publish something the feelings continue ongoing. Hence: government finds offensive, you will be fired, harassed, beaten, jailed, or even killed for • A case in Saskatchewan in May 2013 your writings. Or if you are a publisher, your wherein a transgender woman was refused facilities will be destroyed or, through various permission to try on bridal gowns. The legal mechanisms, you will be prevented proprietor claimed the individual was a man from publishing and driven out of business. and that the prospective brides in the shop So you don’t write or publish such material. would be uncomfortable in the presence of Circumstances make for circumspection. a transgender person. In more polite societies, self-censorship is • A case in Saskatchewan in March often implicit; it is largely unspoken, disguised 2013 by an individual offended by the under “codes” for how particular issues are seasonal “Merry Christmas” messages on to be addressed and what words are used to programmable bus displays. The plaintiff describe race, gender, ethnicity, religion, etc. contends the message discriminates on the Upon occasion the editorial rules for individual basis of religion and creed. newspapers are published for the edification or amusement of readers. Such censorship • An Ontario case in November 2012 in which may be dismissed as “political correctness” a Muslim barber refused to cut a woman’s or “sensitivity,” but it is nonetheless real. You hair, claiming that his religion prohibited him don’t call a “spade a spade”—let alone label from touching a woman in this manner. it a “goddamn shovel and beat your subject Perhaps most depressing for free speech with it.” Thus in one context, self-censorship advocates was a March 2013 Supreme Court is simply a function of the Miss Manners decision upholding a Saskatchewan human school of professional writing. That is, a writer rights tribunal’s decision that distribution does not put into prose all that she knows. of Christian-based literature critical of This type of restraint derives from various homosexuality was hate speech. Judgment circumstances. Because that “all” is much more is that the decision will restrict speech by than could be published; it was provided “off the religious conservatives. An ancillary, albeit record;” it isn’t proved; it isn’t relevant—or if you equally invidious element, was that the truth burn your source, the likelihood of getting further of a statement was not relevant; in the court’s access to desirable information evaporates, not words, “Not all truthful statements must be just from that source but from others leery about free from restriction.” talking to you.

Self-censorship through intimidation and Self-Censorship harassment is the obvious objective of the charges brought before the human rights Of all censorship, self-censorship is both tribunals. The ground rules are so vague the most ubiquitous and the most invidious. that virtually any comment that can be In truth, anyone who writes practices self- depicted as “likely to expose a person or

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a class of persons to hatred or contempt” for the feelings of the Muslim minority… are actionable. Do you sneer at Toronto allowing sensitivity to and respect for others to Maple Leaf supporters? Suggest that it is come before free expression…If the cartoons unreasonable to “accommodate” wearers of offend members of the Muslim community it’s particular types of clothing? Comment to a a good enough reason to curb our quest for beer-bellied male that “Fat is not beautiful”? liberty for the sake of harmony.” A comparable Denounce Mormons as polygamists violating argument could be made for refusing to the rights of women? Presumably an offended publish photographs and descriptions of member of any of these groups could lay Holocaust extermination camps—they a claim against you. And when a particular offend the sensitivities of the now majority of group of injustice collectors are relentlessly Germans that had no connection with these litigious, the prudent person says, “I don’t 70-year-old events. need this; I have a life to live and their lives are devoted to trying to limit mine,” and But more honestly and bluntly, the refusal has subsequently makes no comment, fair or been driven by fear: editors and publishers are otherwise, about such individuals. Yes, it’s afraid of attack by Canadian Muslims, either the equivalent of the coward’s crouch, but it physical assault or juridical charges. They wards off gratuitous blows. have been intimidated into silence by Muslim threats, which have been made credible For Canada and other Western democracies, by murderous attacks on offending media, the most blatant recent illustration of self- e.g., the 2004 killing of Dutch filmmaker censorship has been the extraordinary Theo van Gogh by a Muslim fanatic, and unwillingness continued through the present other continuing assaults in Europe on those to publish or republish the 2006 Danish involved in the creation and publication of cartoonist’s depictions of . the cartoons. Even a South Park cartoon Publishers have hidden behind alleged in April 2010 implying that it would reveal concerns about offending the Canadian Muhammad concealed in a bear suit attracted Muslim community, arguing that what can be over-the-top reactions from Islamic protestors published need not necessarily be published. (the individual in the bear suit ultimately was As noted above, virtually nowhere other than revealed as ); but the producers of in the Western Standard (which now only South Park adopted a “discretion is the better exists online) did these cartoons appear, part of valor” approach in seeking to avoid despite their obviously newsworthy qualities. further controversy (and presumably loss of Publishers have justified non-publication viewers). as responding to community sensitivities, implying that the interests of the majority The media outrage directed at the March that would like to see the cartoons are best 2011 Rev. Terry Jones’s burnings of the Quran served by not letting them see the cartoons. was an additional over-the-top exercise in fear The epitome of such commentary was clothed in social sensitivity. Jones is a foolish demonstrated by Rabbi Dow Marmur, who sensation seeker, hoping to draw attention to argued that free speech could be “a different his marginal ministry by fostering outrage. A form of compulsion…” and that media should smarter tactic would have been to ignore him, not publish such material “out of consideration regardless of whether he was burning Qurans

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by the truckload—or perhaps suggesting icons in the United States, for example, the that those outraged purchase a Quran as an aforementioned crucifix in a beaker of urine illustration of free speech. (“Piss Christ”) or the dung-splattered depiction of the Virgin Mary have been criticized, but Subsequent frenzy was generated in 2012 have not prompted Christian riots or deadly by a 14-minute film trailer entitled (variously) assaults on the artists—and thus are “safe” The Innocence of Muslims and promoted albeit recognizably insulting forms of free but not produced by Rev. Jones. Again, the speech. The unending Islamic cartoon effort wildly disproportionate Islamic response to to depict Israel and the United States as a satirical description generated a “we don’t swastika-wearing ogres, hands dripping with go here” response (along with denunciations Palestinian blood, have gone virtually without of its producer) throughout the Western notice, lacking as they do either originality or world and prompted many countries to artistic merit; crude, but not clever. There is no block the video on YouTube. Reportedly, the Aislin, Mauldin, or Oliphant in this crowd. film couldn’t even find a venue in Toronto. The film was amateurish to the level that it Nevertheless, one might ultimately ask would embarrass a high school video studio Rabbi Dow Marmur whether staying silent course, but that didn’t matter to those willing simply allows tyranny to prosper; masters to suppress anything remotely offensive to adore the silent slave. Self-censorship is the Muslims. perfect solution for the tyrant; the slaves fasten their own chains and polish them with Comparable “artistic” insult to Christian rationalizations.

115 ALTERNATIVE NORTH AMERICAS 7 LANGUAGE AND DIS- CORD

“To know another language is to have a a bear to bicycle (or why would any self- second soul.” respecting bear permit itself to be so imposed (Folk adage attributed to Charlemagne) upon)?

And so it is for bilingualism. What is uch to their detriment, Canadians individually a skill that can bring great Mhave internalized bilingualism—two personal pleasure and satisfaction, widen official languages—as one of their defining intellectual horizons, offer profitable economic characteristics. Along with “single tier” health opportunities, and, inter alia, demonstrate care, Coach’s Corner on Hockey Night, and mastery of a difficult challenge has become a climate that the wise decided was better a virtually obligatory political and federal experienced from much further south, the bureaucratic requirement for professional legal mandate of two official languages for success. What should be a personal or public use has been enshrined as a national economic choice has become a restrictive totem. and limiting “or else” level demand to prove oneself to be a good Canadian. Americans observe the results and offer a passionate prayer that the Canadian example To be sure, one can appreciate intellectually does not come nigh us. the political and social labyrinth leading to Canadian adoption of two official languages. The results for Canada are akin to a bear Like so much of Canadian history, it has riding a bicycle. It is not that the bear rides been driven by the fear of the French fact. badly; nobody ever expects a bicycling bear (See Chapter 10 on U.S.-Quebec attitudes.) to be a Tour de Canada-level cyclist even if The founding French settlers in Quebec its performance were chemically enhanced. were sufficiently heavy on the ground and Rather the question is why would anyone ask the conquering British initially not sufficient

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in numbers—or sufficiently draconian in their However, Canadians, too squeamish to political impetus—to exercise the level of preserve their country by force of arms, fear ethnic cleansing in Quebec done, for example, that calling Quebec’s bluff might turn out not for in the Maritime Provinces. Instead, to be a bluff—and Canada would be divided the British essentially seized political and into at least two countries. Anglophone economic control of Quebec, slapped an Canada is not willing to make the “let the imposed English veneer on the region while erring sister go” gamble; that is, if Quebec expanding and dominating elsewhere across does not appreciate the benefits of Canada, the continent. They were largely indifferent regardless of what language is being spoken, to the Quebec francophone population and well, “Don’t let the door hit you on the way regarded them as irrelevant, “priest ridden,” out.” At least it is not yet willing to throw those hewers-of-wood and drawers-of-water. Those cards on the table. Hence, there is a national francophones who were upwardly mobile policy legislating two official languages and learned to “speak white.” extensive, expensive programs to implement the policy. It has never been possible for Canada to be a “melting pot” at the temperature level of Consequently, instead of leaving the mastery the United States demographic construct. If of French to personal or economic choice French Quebeckers were regarded as one of among anglophones and the mastery of two “founding nations,” then asking them to English to likewise inspired francophones, submerge voluntarily into English language Canada has chosen to inconvenience the and culture was not a politically viable 80 percent of its population that are not approach. Nor did they volunteer to do so. native speakers of French. It imposes the The consequence of this reality, subsequent requirement for French facility explicitly to Quebec’s “” in the 1960s on aspiring federal workers who wish to and now into the twenty-first century, has be full participants in Canadian federal been the grim appraisal and apprehension bureaucratic careers and implicitly on citizens that unless Quebec is appropriately appeased, who seek success in federal politics. And it it will declare independence. For their part, regularly floats new trial balloons (obligatory Quebeckers are intimately familiar with their bilingualism for Supreme Court justices and leverage and the potential for “profitable “secret shoppers” in Ottawa) to cram the federalism” and employ “knife at the throat” French fact further down the throats of the political blackmail to euchre the Rest of non-Quebeckers. Canada (ROC) into providing disproportionate financial and political benefits. Quebeckers The amount of time, money, and personal smile; the ROC frequently fumes. anguish expended by those native anglophones and allophones (individuals The consequences of the May 2011 federal whose native language is neither English nor election, which provided a governing federal French) who have pretzeled themselves into majority without requiring Quebec MPs, marginal French competence is inspiring—that are still being played out. The ostensibly is, as an example to avoid. Likewise, Canada’s “federalist” NDP now has more Quebec MPs losses in terms of attracting the political (59) than the Bloc Québécois ever held and and bureaucratic competence of those who appears to have taken up the Bloc’s cudgel in simply refuse to “play the game” or for whom demanding “more” for Quebec.

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language is an obstacle they care not to let alone obligatory. John Kerry’s reported address cannot be calculated but cannot fluency in spoken French was derisively be trivial. Bluntly, competent Canadians can dismissed during the 2004 presidential do very well economically outside of the campaign, particularly as French hostility significantly lower public service salaries and to U.S. foreign policy was the then-defining the hassles of bilingual angst therein. element of our bilateral relationship.

It would be as if, in the United States, one Learning a Second Language were required to play baseball and hockey to be a federal politician or bureaucrat. While one can play baseball anywhere in the United There is one easy way to learn a second States, hockey is essentially restricted to a language: be born with it. A child is raised limited section of the country in the North under circumstances where one language is and Northeast or to rich suburban areas spoken in the home and a second spoken not in the Snowbelt that can build hockey “on the street” and in schools, etc. Indeed, rinks at considerable expense. There is true accent-less facility in speaking a foreign not the slightest natural reason why a child language is virtually impossible after age growing up in the U.S. South or Southwest 10; hence Henry Kissinger, whose personal would desire to play hockey—it is a totally intelligence is unquestioned, speaks with a artificial sport for the region, requiring special pronounced German accent, having come to conditions to play at considerable expense. the United States as a teenager. So, obviously, those individuals living and Thus in Canada, individuals with the easy growing up in the North and Northeast natural mastery of both official languages would have natural advantages over those in have almost invariably been Quebeckers. the South and Southwest. Just as creating These are individuals such as Brian Mulroney, artificial, ice box conditions to play hockey in Pierre Trudeau, , and a legion of Florida, one must create artificial conditions to others, who expanded upon the opportunity learn French in British Columbia. of speaking one language with parents and It is the same reason why the United States siblings at home and the other at school resists reflexively pressures to, for example, and with playground friends to build a legislate Spanish as an “official language.” If comprehensive mastery in speaking both anything, the contrary attitude is dominant, languages. That sociological circumstance, and the impetus remains unrequited to amend combined with natural linguistic facility—as the Constitution to identify English as the sole not everyone can learn a second language U.S. official language. For the United States, regardless of opportunity—provided defining facility in Spanish, particularly for areas with political advantages. substantial numbers of Hispanic voters, has To be sure, there are those who are “gifted for become a politically useful tool. National languages.” One recalls Sir Richard Francis politicians such as George W. Bush and Al Burton, nineteenth-century British explorer Gore demonstrated rudimentary command of and adventurer, whose skill in quickly learning Spanish on the campaign trail; however, it was obtuse Middle Eastern and South Asian viewed as mildly polite rather than expected, languages was legendary. He was reported

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to have visited Mecca, speaking Arabic with Children do not want to be “different” in sufficient facility—when death would have this regard. Repeatedly, the children of been the penalty for discovery—to pass for U.S. diplomats return to the United States a native speaker. There are few among us speaking perfect another language perfectly— who would qualify at the Richard Burton level. and then “forget” it. Nor does the language Others are gifted at the level of the “three return upon later exposure to it in formal letter athlete” in high school sports or the educational circumstances as is often casually “natural” who can pick up a football for the assumed. One child learned Russian to the first time and throw a 50-yard spiral pass level of reading War and Peace; upon leaving or graduate in their mature years from high Russia, the child mastered Swedish. However, intensity contact (or collision) sports to play upon arriving in the United States, both of “scratch” golf after limited instruction. these languages were completely forgotten during the course of mastering English, as But it is incorrect to suggest that having well as retaining Chinese. Intelligence was learned one “second language,” it is easier irrelevant; the child obtained a PhD—and then to pick up another “second language.” It is became a diplomat. In another example, a overreaching to suggest (per ’s, child’s first language was French; a “nanny” Sorry, I Don’t Speak French) that French is accompanied the family to the United States the gateway to another language. As well as and spoke to the child only in French, while natural ability in language (which incidentally her parents spoke to her in French and is not connected with intelligence), learning a English. Upon the departure of the nanny, third language depends on the nature of the the family hired a friend of the nanny to third language. Is it also a “romance” Latin- continue French conversation; however, the based language, such as Spanish or Italian, child adamantly refused to speak French, and or one with no English connections (Russian), eventually, the family declined to force the and at what age you attempt to learn it? Is issue further. Although the child subsequently it “tonal” wherein a given word has different had French instruction in public schools, meanings depending on the tone with which ultimately at university, it was necessary to it is pronounced (Chinese, Vietnamese, and secure a certificate to the effect that the Thai)? Or is it structured in a manner with student had a psychological block against multiple forms of politeness (Japanese) speaking the language to obtain exemption that make mastery particularly difficult for a from the university requirement for spoken as Westerner? Does it have a different written well as written facility in a foreign language. form (Arabic, Chinese, and Russian) that Again, intelligence was not a factor; the child makes reading it a matter of memory rather finished first in the university’s engineering than phonetic pronunciation? Finally, the school with a dual degree in finance. ability to learn a language, even for those with substantial natural talent, declines with age. Slightly in contrast, another immigrant child And for some, it will always be the equivalent completely refused to speak the native family of chipping stone with your tongue. language and wanted to speak only English. The parental response was draconian: speak Additionally, there is an apparently natural our language or you don’t eat. The child was reluctance to speak a second language. stubborn—but hungry; the parents were

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adamant. After three days, the child acceded, Quebec household. , who spoke the parents’ language at home, English was advertised as fluently bilingual, was not; outside, and was fed. instead, she was clearly an intensely tutored individual with good vocabulary, accent, and Moreover, while a reasonably intelligent grammar, but lacked the comprehension and individual can learn to read a second easy appreciation of questions put to her in language through attentive study, speaking French. Most impressive was Jim Edwards, an the language is a very different requirement Alberta MP who probably had spent virtually and writing it with grammatical accuracy, all of his life as a unilingual anglophone. let alone with any degree of facility, is still Edwards, however, had sufficient linguistic more difficult. To demonstrate this point, talent to use what French he knew in “keep it there are only a handful of publicly prominent simple, stupid” constructions to communicate Canadians who can write in both English and effectively with the French-speaking audience. French with sufficient flair to be interesting Finally there was a unilingual anglophone who (and publishable) in both languages. These was a de facto vanity candidate known barely include Graham Fraser, the current Canadian to his family; he scarcely bothered to say Commissioner of Official Languages and “bonjour” as his French was nonexistent. high profile, much-renowned journalists such as Lysiane Gagnon, Chantal Hébert, But 15 and 19 years later, political William Johnson, and Jean-Francois Lisée. circumstances had changed considerably. With these individuals among the few representatives demonstrating real, “switch For the 2008 federal election, one could hitting” excellence in a profession in which juxtapose two highly intelligent and motivated being adept in both languages would be political figures: Prime Minister Stephen professionally and financially rewarding, one Harper and Liberal Party Leader Stéphane can be sure that official government prose is Dion. Of the two, Harper was close to even more pedestrian than the bureaucratic being a unilingual anglophone in origin, with norm. Or what is more likely, a native English peripheral French from standard academic speaker has his English-language text officially study. However, through intense “immersion” translated or comprehensively edited (and vice and steady effort, he had developed a solid versa for a native French speaker) for anything technical mastery if less than real fluency more important than an interoffice memo. in French. Nevertheless, he said what he wished to communicate and was understood Bears on Bikes accurately by French-speaking audiences. In contrast, Dion, before entering politics, On the Canadian political level, one can was an internationally known French scholar view all manner of “players.” The 1993 Tory and academic educated in France; however, provides a classic, his English suffered from being spoken by a albeit now somewhat dated, illustration. university professor who appeared to believe his One observer recalled there was a range of audience consisted of students who must master capability and fluency among the contenders its content for the forthcoming exam. It was appearing in Montreal. Among them, Jean convoluted and more than occasionally verged Charest was fluently bilingual, reflecting the on the impenetrable for the average listener. advantage of growing to maturity in a bilingual

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Reportedly, his French was also opaque. politically insensitive. Equally acerbic was his 1983 comment, “It is better to be sincere And in 2011 the major leaders, again Prime in one language than to be a twit in two,” Minister Harper but now contending with (referring to his own unilingualism and Pierre new Liberal leader and NDP Trudeau’s bilingualism). Again, it was widely leader , had bear-on-bicycle regarded as partisan rather than prescient. French. The most that can be said is that Ignatieff’s French may have been better than Almost as ineffectual in French was Reform was Dion’s English, but probably not better leader . A than Harper’s French. Moreover, it suffered thoughtful, highly intelligent systems analyst from being the cultured, non-Canadian by education, Manning, as an Albertan with no French acquired as a diplomat’s child. need to learn French as a child, did not. His Layton’s French was derided as “used car efforts to develop even marginal competence salesman” level, but it was Quebec-style from in French in later life as the Reform Party a Montreal childhood and hence engaging to leader were painful, costing him even the Quebeckers. Harper makes a ritual of starting minor chance of garnering Quebec support official public statements in French; this is a and providing those less thoughtful, but nod to Quebec sensitivities as well as part of more linguistically gifted, with easy points of the constant Tory campaign to gain support criticism. That it was akin to laughing at a in the province. (Perhaps he assumes that cripple was of no matter to the critics; politics Canadian English speakers are not listening is not quite a blood sport in Canada, but it anyway and tune it out.) might as well be.

But all of these bears can at least stay Another figure for fun in Canadian political life vertical—and the opportunity cost for this has been Joe Clark. Clark grew far beyond marginal capability is largely unexamined. his “Joe Who?” initial reputation of having come from nowhere to win the Tory party Fallen Bears leadership in 1976 and then (briefly) became the youngest Canadian prime minister in To some extent, determining those who 1979-80. Clark made monumental efforts never played the game because their skill to learn French; however, only his closest set was too weak even to get to the field is supporters ever regarded his facility as moving akin to proving a negative. However, there beyond the pedestrian. These efforts were are individuals who were personally brilliant directed politically at improving the Tory brand but ended by being effectively excluded from in Quebec, which was at the time totally politics at the highest level due to linguistic dominated by the Liberals’ fluently bilingual weakness. Most noteworthy of these is senior leader Pierre Trudeau. The results in the 1979 Tory politician , who served five election were two of 75 seats in Quebec for years (2008-13) as lieutenant-governor of the Tories (and one in the 1980 election). Clark Newfoundland. Crosbie famously responded is famously quoted as saying, “…when I went to a charge that he didn’t speak French by into politics I had to choose between learning noting that he didn’t speak Chinese either economics and learning French. And I chose but believed that he could communicate French.” (See Peter Brimelow, The Patriot his positions. This riposte was regarded as Game.) Considering the poor economic

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decisions he made in constructing his 1979 Stronach (MP 2004-08), the Tory/Liberal budget, which contributed to the collapse of changeling politician more noted for her social his minority government, and the unimpressive activity and “blond ambition” sustained by electoral results in Quebec in both the 1979 massive family wealth than by serious political and 1980 elections, perhaps he should have prospects. Although buoyed by massive studied economics. Or to put it another way, funding and rock-star level media attention would Canada have been better off if blunt to her personal characteristics, wardrobe, John Crosbie rather than charisma-challenged boy toys, etc., she appeared more to be a Joe Clark had been prime minister? distracting national amusement than a political figure with intellectual credentials. Indeed, one And Bears Who Never Bothered to illustration of her lack of serious thought to a Ride—and Don’t Bother Now political career during her young adulthood was her failure to obtain any significant It is perhaps as irrelevant to note that fluency in French despite an upper class Canada’s founding father Sir John A. Ontario education and multiple opportunities MacDonald was a unilingual anglophone as coincident with such an atmosphere. Prior it would be to note that George Washington to her withdrawal from Canadian politics—to would make an unlikely source of 30-second return to the family business where money sound bites on a twenty-first century does the talking in any language of its campaign trail. Or that Washington and choice—she gained no notable competence Jefferson should be retrospectively disqualified in French. from Mount Rushmore greatness because they owned slaves. By definition, times Love and Money change. Nevertheless, the iconic King and Lester Pearson There are of course two other incentives to had insignificant French capability, and the learning a language: love and money. much maligned John Diefenbaker spoke French that “dared not speak its name” so The number of young men and women who far as being taken out of the linguistic closet have found personal attraction a stimulus for was concerned. And while Canadians of learning to communicate in the language of one partisan persuasion or another might the other is legion. One of the classic methods say that it would have been just as pleasant for learning a foreign language is to have a never to have had one or another of these “sleeping” or “pillow” dictionary that enhanced prime ministers inflicted on them, they were linguistic facility as well as providing other prominent in Canadian and world history attractions. It remains more effective than the well within living memory. Would Canada best of Berlitz or Rosetta Stone audio tapes. have been better off without them had the Then there is money, a perhaps even implicit requirement for speaking French been more reliable stimulus—or at least one not imposed at the time when they were politically as subject to the temporary vagaries of prominent? passion. Learning a foreign language then A modern equivalent of some earlier French- becomes akin to learning a specific skill, challenged Canadian politicians is Belinda e.g., accounting or bookkeeping, operating a vehicle, keyboarding and mastering a

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computer program, or constructing a legal announced a campaign to encourage the use brief. These are skills that one expects will of French—to compete with Plattsburgh, New have lifetime utility and will offer extended York, for Quebec tourists. Or, as a Canadian returns for the immediate commitment or example, if you want a job in the Alberta oil investment in time and money required to fields, being a unilingual francophone won’t master the skill. Granted, they may not meet get you very far; indeed west of the Ontario the high end of business fluency, given that border is virtually barren land for French. the complexities of much of international business and finance require carefully agreed Given all these options, unless the Canadian contracts—in two or more languages— government plans to assign each French attested to by professional translators. speaker four to five English speakers to try the Providing coverage for those events falls “love” path for language learning, it might be to skilled simultaneous interpreters and better to focus on economic incentives. translators, who are much sought after for international organizations or business The Canadian Example transactions because they assure that the rough-and-ready linguistic semi-competence Canada has taken its tortured linguistic path of those involved has professional along two, essentially parallel tracks: the support that prevents expensive future civil service and the public education routes. misunderstandings. The legal basis is The Official Languages Act of 1969; in 2005, it was modified so Much more common, of course, is the casual the federal government is legally required familiarity with a foreign language that one to take “positive measures” to enhance might develop directly “on the job” with English and French linguistic minorities and incentives for expertise. In this regard, one assist their development. Since 2001, an sees signs in commercial establishments appointed minister for official languages noting, “XYZ Spoken”—with the presumption has served as a cabinet member to provide of a financial incentive for the employee further political weight to the effort to promote demonstrating that capability or at least a bilingualism. The 2005 revision of the act greater likelihood that an individual with this to promote “positive measures” has, the language skill would be hired. Illustrations of Commissioner of Official Languages noted such incentive-response are richly available. in his 2006-07 annual report, encountered One favorite is the young Hispanic male in an “a certain skepticism within official language Asian grocery store, who knew the Mandarin, communities.” This observation indicated that Cantonese, and Vietnamese names for the full “positive measures” is masterfully vague with range of esoteric Asian produce to respond an “all things to all people” intimation. Four to the needs of the store’s assorted clientele. additional years of working with the revised He was not ordered by regulation from the act appeared to generate little beyond further federal, state, or community government to studies and suggestions that more money master this information; he did so because it was needed, with the commissioner noting in was economically beneficial for him personally. his 2009-10 report that “federal institutions On a larger scale, the city of Burlington, continue to see linguistic duality as a burden Vermont, during the summer of 2011 rather than a value…” and “the series of

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obligations have yet to be transformed into proceeded undaunted. While federal support values that are cherished by the country...” In for language instruction is not a huge item in the 2012-13 report, the commissioner was the national budget, it is far from trivial. This more optimistic, but noted that even with the five-year effort was reasonably well-funded Official Languages Act in its fifth decade, with a commitment of $1.1 billion designed “it is still a challenge for some to recognize to fund initiatives, projects, and networks linguistic duality as a Canadian value and as of key players. The stated purpose was a key element in Canada’s identity.” And, of to “support the vitality of official language course, more money is needed. Whenever communities and promote English and has an organization declared it needed less French second-language learning…” In money? 2010 the commissioner admitted to being “disappointed” that Roadmap programs “were This structure is complemented by five year slow to start or are still not off the ground.” plans, which smack of twentieth-century However, the third “five-year plan,” the 2013- socialist planning. The initial five year plan 2018 Roadmap projected for $1.1 billion, starting in 2003 (Action Plan for Official kicked off in March 2013 with characteristic Languages) devoted $36.1 million for 2003- official optimism planning to focus on 06 and another $12.4 million for 2006-07. education, immigration, and community It had a wide range of objectives, including support. It claimed that “32 initiatives” were inter alia improving access to health care effectively implemented in the previous in the language of the minority; access to Roadmap. It projects the triumph of hope over justice in both official languages; education in experience. the language of the minority; and increasing bilingualism among Canadians age 15 to19 For 2005-06, expenditures for French and years old from 24 percent to 50 percent. English language education were $281 million Not to belabor the point, but Canadian (Canadian); additional provincial expenditures bilingualism in that age range nowhere near reportedly totaled $639 million. An October approaches such an objective, and indeed 2012 figure suggested that Ottawa spends the 2006 census recorded that bilingualism $1.5 billion annually and the provinces $900 had dropped approximately 2 percent to million on official bilingualism. Another Fraser 22.3 percent since the 2001 census. Another Institute estimate in January 2012 concluded federal survey in early 2012 stated that at 17 that bilingual spending totaled $2.4 billion percent, Canadians were no more bilingual ($1.5 billion by the federal government and than as recorded in the 1921 census—also provinces adding $900 million). One can argue 17 percent. And the 2011 census recorded whether accountability is perfect or whether a further decline in bilingualism (the first in there are “immersion basketball courts” being 40 years) from 17.7 percent in 2001 to 17.5 financed by some of this cash. On the other percent. At a minimum, the previously steady hand, the review of the Action Plan by the march to bilingualism has stalled as a feature former New Brunswick premier completed in of general domestic commitment. early 2008—which inter alia recommended $1 billion in financing for the next Action Nevertheless, the next five-yearRoadmap Plan—sank like a stone. The concurrent for Canada’s Linguistic Duality (2008-2013) recommendation for more attention to “arts

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and culture” would not have engaged the ranked as “poor,” including the Canadian Conservative government, and the Great Forces and the RCMP. The “report card” for Recession put paid to this semi-grandiose 2008-09 covered only 15 agencies—politely thinking (“multi-billion dollar boondoggle” was excluding Canadian Forces but still giving one unaffectionate comment). RCMP only a “C” (along with three other federal agencies). The 2011-2012 annual Progress in assuring bilingual capability within report did not indulge in naming and shaming, the public service can be a “how full or empty noting rather generalized results of “audits” of is the glass” assessment. Eighty percent various federal agencies, including Passport of the Canadian population in one CROP/ Canada, , Parks Canada, and Radio-Canada survey wanted senior public Industry Canada. Noteworthy was critique of servants to be bilingual. However, judgments the website which had “many from the commissioner suggest evasive shortcomings” in the balance of English and minimalism throughout the public service. French prompting a “huge” effort to rectify the The 2006-07 assessment noted that in 20 imbalance. years, the percentage of bilingual positions occupied by bilingual military personnel Perhaps one can set aside the costs of increased only from 37 percent to 47 percent. running the commission. Those critical of the There is no comparable statistic in the 2011- $10 million reportedly devoted to the Office of 12 report. However, one anonymous official the Commissioner of Official Languages bring was quoted as saying, “I just got my C level to mind the definition of a cynic as “one who [highest language proficiency level required knows the price of everything and the value for senior management]—now I’ll never have of nothing.” One can view the substantial to speak French again!” Somehow, that sums spent on fireworks or other was not supposed to be the objective of the elements representing national unity—from requirement. to the Winter Olympic Games in 2010—and pose the same question about And, indeed, in private conversation in mid- expense. 2013, a retired senior Canadian diplomat said bluntly that “bilingualism has failed.” The real question should not be expense, but His specific reference was to the Canadian results. And in that regard, there are serious diplomatic service; his solution was either (a) questions, both individually and for national begin comprehensive French education in unity. elementary school with no exceptions; or (b) require tested bilingual expertise as a condition On the purely bureaucratic front, the need for for entry into the foreign service or immediate facility in French results in endless struggle dismissal if the individual failed to learn by those marginally gifted in language to French in a specific timeframe. Presumably obtain certification at the appropriate level—a the judgment and remedy would apply to the level that once obtained almost immediately Canadian public service writ large. erodes. It is invariable in any bureaucratic structure, public or private, that employees On the “report card” 2006-07 Annual Report either (a) operate primarily in the language of by the Office of the Commissioner of Official the majority of those employed; or (b) operate Languages, five of the 37 rated agencies primarily in the language of their supervisor.

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To attempt to lay some administrative reflects the demographic reality that outside “discrimination” charge against a supervisor, Quebec, only 4 percent of the population for other than the most gross misconduct in is francophone. Thus there was no hope of language management is not professionally meeting the official objective under the 2003 productive. Action Plan of having half of all high school graduates bilingual by 2013. The 2011 census Nor does there appear to be the linguistic confirmed dismal projections. Although more equivalent of a “handicapped” exemption total Canadians can speak both languages, within the bureaucracy. That is, an exemption the percentage of bilingualism across Canada for the recognized psychological inability to fell from 17.7 percent to 17.5 percent. speak a second language with any facility, Perhaps even more important, outside regardless of the overall intelligence of the Quebec the number of public elementary and individual. Such an impediment is not “visible high school students learning French dropped minority” obvious or as physically blatant as 24 percent—from 1.8 to 1.4 million. The “seed being confined to a wheelchair or having a corn” for general, rather than elite, bilingualism guide dog, but it is still a handicap and one is not being planted. that goes unrecognized within the linguistic bureaucratic structure. Nor has the effort resulted in a greater availability of French speakers for the Thus, despite the high level of support and service industry. According to Graham resources that are available, the process Fraser in a 2008 commentary, there were is failing—if not definitively “a failure.” After 300,000 students in immersion training, more than 40 years of official effort and tens but organizations such as Air Canada had of billions in public expenditure, it is nowhere difficulty hiring bilingual service personnel. The near to the level of societal accomplishment impression is that French immersion is an elite that was hoped at inception. The bottom sport akin to taking “advanced placement” lines are stark: of 7 million Canadians for courses indulged in by those headed to whom French is their first language, 4 million university. And, unfortunately, the economic speak no English. Despite “it’s a good benefits for bilingualism appear marginal. A thing” responses to polling (in 2010 nearly 2010 study indicated that it was worth 3.8 60 percent favored bilingualism; nearly half percent salary increase for Anglophone males believed it is a unifying force for), in a 2006 working outside Quebec exclusively in English study, 54 percent of young people admitted (5.4 percent if working in both languages). to little or no contact with other official language group members and 68 percent Some Grim Examples have never participated in an event organized by a linguistic minority group in their region. To offer some shake-your-head-in- According to the 2006 census, 23 percent of despair examples of the bitter, expensive, Canadian teens between15 and 19 years old questionable ends of good intentions, (the age when bilingualism peaks following consider the following: extended schooling) were bilingual—a reduction from 24 percent in 2001. Outside • In July 2011, a Yukon court ordered the Quebec that percentage reportedly fell government to build a $15 million high from 16.3 to 13 percent, a figure that also school for 41 French-speaking students;

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• That same month, a federal court judge 2001 denouncing the costs and failures of the ordered Air Canada to pay $12,000 to a federal bilingualism program as “the god that couple because they did not get service in failed…it has led to no fairness, produced no French (and were given a Sprite when they unity, and cost Canadian taxpayers millions.” requested a 7Up); Perhaps attempting to illustrate this point, Harper’s sixth press attaché was effectively • In August 2011, “secret shoppers” financed sans French; however, he lasted seven months by the official languages commissioner before being replaced in April 2012 by a at a cost of $40,000 visited private bilingual officer as implicit recognition that Ottawa stores to determine whether one must placate the media in both official unilingual francophones could obtain languages. service. That such “tongue troopers” were playing “gotcha games” with private Quebec establishments having no obligation to provide bilingual service proved repellent. To be sure, the “Quebec” issue comes in Even the Heritage minister had to quickly many dimensions; it absorbs disproportionate distance the government (“It is not the amounts of Canadian socio-political energy. federal government’s business to police At times it appears as if every issue becomes the language in which private businesses a language issue: indeed, as if the only communicate with their customers”). But, “national” issue is language. And language— nevertheless, the 2011-12 commission the viability of the French language—remains report discussed the availability of French key to the culture of Quebec. service in Ottawa restaurants at length. But by making an immense political effort to Nor does there appear to be any limit to transform the rest of Canada into a collegial politicized “gotcha games” over bilingualism. “French friendly” zone, Canadians have Michael Ferguson, an exceptionally well- missed the point. Quebeckers really don’t qualified nominee for the federal auditor care about speaking French in the ROC; the general position, is de facto a unilingual ROC is a foreign country, whether or not anglophone. His professional status as New Jean Chrétien declared mountains in western Brunswick’s comptroller, auditor general, and Canada to be “his Rockies.” Quebeckers have deputy finance minister were irrelevant so far more than enough scenery of their own and, as the NDP and Liberal Party opposition were as a tourist, you “own” the scenery from the concerned. So in November 2011, Canadians Himalayas to the Grand Canyon as long as you had the spectacle of a “groveling bear” have a camera or video recorder. And if the attempting to plead that he would be diligent “locals” want your patronage, they’ll speak your in efforts to learn French and appreciated the language or be sufficiently accommodating importance of being able to communicate in with gestures or pantomime to get your money. both official languages. It was both petty and Canadians who have not traveled in Quebec unedifying, but instructive for anyone who outside of cosmopolitan Montreal miss the considers federal service. unilingual francophone reality; the rest of Thus, it is mildly amusing to recall a pre- Quebec can truly believe that it is a distinct politically correct rant by Stephen Harper in society and a “nation” with no Canada

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connection or content. What matters to In this regard, Quebec provincial authority Quebeckers is definitive control over language appears increasingly successful. Quebec’s in Quebec. That is, they wish to be able to control over immigration has facilitated this make the rules and enforce the rules to assure increase as well as the requirement that the total dominance of French within Quebec. immigrant children to attend French schools. Reportedly, between 1996 and 2006, It is not that Quebec francophones want to immigration increased 25 percent and, for make the province an English-free zone or the first time, more newcomers to Quebec to drive out the anglophone remnant with were speaking French rather than English as Canadian-style ethnic cleansing. No reputable their “default language.” The trend increased Péquiste will argue against the utility of between 2006 and 2011 with 58.8 percent English—or Spanish—fluency in developing of new immigrants speaking French as their the Quebec economy and technology for first official language. Although individuals the twenty-first century global environment. seeking ever-greater limitations on English However, they wish to have a very tame, speakers can cherry pick statistics to note the domesticated English—a technical tool, such percentage of French speakers declined in as “computer literacy,” deliberately learned Montreal, to unbiased observers the strength as a second language under societal control of the French language in the province and circumstances clearly limited and devised appears undiminished. by the francophone political establishment and implemented by the educational system. Nevertheless, Canada clearly fails to protect That means inter alia intense and continuing the English-speaking minority in Quebec. The restrictions on which—and whose—children limitations on English epitomized in “Bill 101” are permitted to receive primary or secondary are prima facia restrictions on the human public education in English. rights of English speakers. It would be an obvious human rights abuse if practiced in Intellectually, that position is defensible—for “Forgottenstan” but in Canada, it is politically an independent country. One recalls that incorrect to be critical of francophones for Libya, after overthrowing its monarchy in their restrictions on English speakers. The 1969, eliminated all street signs and other squawks by speakers are non-Arabic writing. There is no indication that simply ignored. The levels of hostility and post-Gadaffi Libya will reverse that action. And harassment directed at English speakers trying to traverse the Moscow metro without and the English language are persistent and some comprehension of the Cyrillic alphabet frequently verge on the risible. The Office can be daunting. Countries often have one de la Langue Française (OLF) is staffed official language and one official religion. with oafish officials who frequently appear And, indeed, if an individual wishes to live for to be channeling Peter Sellers’ “Inspector an extended period in Quebec, one should Clouseau” in approaching their activities anticipate working and living in a French- ostensibly to protect the French language speaking environment. Mastery of French, in Quebec: measuring the size of English particularly for an immigrant, should be a letters to assure that they are half the size primary objective; any other language should of French; prohibiting the import of matzah be secondary. “Success” in Quebec is spelled for Jewish holidays that lacked French on its “succès.”

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labels; prosecuting small shop owners for anglophone remnants in the province just left hiring unilingual Anglophones (using “gotcha” quietly. To them the Anglos will always be techniques that equated with entrapment); “Westmont Rhodesians”—rich and politically declaring that vintage advertisements for and socially privileged. Resentment and beers in an Irish pub are illegal. malice last more than a generation for a population whose automobile license plate There is a list of comparable petty incidents incorporates the motto (Je me souviens— that could fill pages, but they simply qualify “I remember”). And what do Quebeckers as silly to an outside observer. That the put- “remember?” You can be sure, it is not upon anglophones demonstrate their personal that 250 years of economic progress and contempt for OLF officials hardly helps once development in the province was primarily the spider webs of official regulation fall upon the consequence of English investment and them. There are accusations, charges, court entrepreneurial energy in a rule-of-law abiding cases, fines, and more legal expenses— democracy, but rather “conquest” in 1759. nothing spectacular, but simply the drip-drip- An analogy might be the attitude toward the drip of corrosive pressure on even the most Japanese language in Taiwan (ruled by Tokyo stubborn English speakers. The francophone from 1894 to 1945) and Korea (1910-45). expectation is that these recalcitrant types will Substantial numbers of second and third tier die, move, or sell their businesses—tomorrow Taiwanese and Koreans learned Japanese; if not today. however, post-1945 their interest in speaking it was minimal. But in a democracy, the Equally absurd to other observers are majority rules, and when the rights of the circumstances such as the ritualized frenzy English minority are not vigorously protected over the occasional appointment of an by the federal government in Ottawa, the anglophone to a senior position in the minority can “like it or lump it”—or leave. Caisse de Dépôt—and the media-bashing for selecting a unilingual anglophone as the More directly, the PQ government proposes interim manager of the Montreal Canadiens to modify further Bill 101 incorporating the (Les Canadiens de Montréal) in 2011. One basis for language rules and restrictions in suspected immediately that his status would Quebec with a “Bill 14.” In its mid-2013 form, be very temporary and trumpeted by his wherein it has passed the “second reading” failure to manage the Canadiens to victories in the National Assembly, it would, among rather than his inability to explain their defeats other provisions, extend French language in French. But with an 18-23, fifth place, non- requirements to smaller businesses, revoke playoff result, he was immediately replaced by the bilingual status of municipalities when a francophone who led them to first place in the English population drops below 50 their division in the 2012-13 season. percent, and discourage French students from attending English language community You don’t have to be up to your hips in a colleges. The issue will return when the Montreal winter snowstorm to feel the chill. National Assembly resumes. Although it is hardly official policy, a According to the 2011 census, Quebec native substantial percentage of the francophone English speakers number 600,000 (down population would be delighted if the

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100,000 since 2006), and constitute 7.7 But such an individual should never expect percent of the population. With desperate to rise to a senior position in a francophone- efforts, remaining anglophones have adopted owned corporation or be one of the “makers” bilingualism. Reportedly, 60 percent of in Quebec political life. Indeed, even native Anglophones are bilingual and the figure rises francophones not born or raised in Quebec to 80 percent for those between 18 and 34. City perceive social or political prejudice. Quebec is a niche market for Anglos with However, of the approximately 57,000 people narrowly defined parameters—akin to employed in public service jobs in Quebec the limited societal sector carved out for in 2002, Anglos held only 0.7 percent of foreigners in Japan. those posts (and that was a decline from the previous figure of 0.83 percent. Reportedly, No fools they: the anglophones have indeed Anglos represent approximately 25 percent of departed in significant numbers since the first the potential workforce in the province. And Parti Québécois government in 1976; these supposedly there are obligatory provisions in departures were accentuated by the traumas the Quebec Charter of Rights for employment associated with separation referendums in equity programs as well as hiring quotas. One 1985 and 1995. This exodus, particularly of can suppose that without such incentives the young and talented, reflects the reality there would be absolutely no Anglos in the that Quebec anglophones have an option in Quebec public service. the ROC. If you want to live as an anglophone in an English-speaking culture, well, drive Looking at their role in Quebec politics, there down the 401 to Toronto or move your capital were three native English speakers in the and expertise to Calgary, Vancouver, or the Liberal provincial cabinet of 2011, while in United States. Why fight a losing battle unless the 2008 cabinet, a immigrant masochism is your thing? was the only native English speaker. In the 2013 Péquiste government, however, there Canada’s failure to defend anglophone was not a single native English speaker— linguistic rights in Quebec also perversely and likely only one (Jean-François Lisée) hurt Quebec. The losses for Quebec come in who would qualify as fluently bilingual. This many dimensions; for example, the Quebec progression suggests the limitations of the requirement for professionals to work in English linguistic group in future provincial French limits potential immigration. One governments. A 2005 public opinion poll illustration of such a potential loss is seen in demonstrated that only 40 percent of the inability of a Quebec hospital or clinic to Quebeckers would find an anglophone recruit a U.S. citizen, an MD or PhD, board- premier acceptable. Clearly there are limits to certified radiologist, working, teaching, and “reasonable accommodation.” researching as an assistant professor of radiology at a prestigious university. One The point could not be clearer. If an might consider such a teacher or researcher anglophone has a special technical skill or as a leading molecule on the cutting edge of a defined corporate position—and wants to U.S.—indeed, global—radiology, and thus as live in Montreal, essentially working in his or someone who would be highly competitive her second language—fine. The city can be for radiology positions in Montreal’s medical comfortable in its metropolitan amenities. and research establishment. But it took 19

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years of university-level study, largely without Artificial Crisis vacation and enduring draconian hours of daily work, for the candidate to reach this level As an illustration of making something out of of qualification. Would Quebeckers expect nothing, the semi-tantrum thrown by French this professor to devote another year or speakers over the amount of French in the more to learning French—with the detriment 2010 Vancouver Winter Olympics opening of limiting direct medical practice and ceremony is classic. There was a perception research—to meet an additional non-medical that French got short-shrift, but no non- requirement? Since the professor’s credentials Canadian observer would have noticed much suggest many attractive options not requiring beyond the failure of the fourth leg of the language study, Quebec instantly becomes Olympic cauldron to rise into place. Perhaps uncompetitive. the dearth of French speakers (or those interested in hearing French) in Vancouver was The West involved? Or perhaps the planners focused on the reality that these games were global, We are well aware of the classic irritated not a rink for playing out Canadian linguistic Westerner who didn’t want to see French on reindeer games. Nevertheless, with much his cornflakes box—and the reported snippy, tut-tut head-nodding, the French fact was dismissive rejoinder by Pierre Trudeau to “turn enhanced for the closing ceremonies—and the cereal box around.” But the language again most of the world noticed only that this dispute for many Western Canadians is time all of the legs of the Olympic cauldron simply another illustration of how Ottawa performed as desired. But Canadian ability caters to Quebec and “disses” them because, to make a linguistic crisis over any topic is despite its burgeoning wealth from oil and legendary. gas exports, the population base west of Ontario remains small enough to have minimal Opportunity Costs parliamentary effect. Canadians devoted to bilingual education and Consequently, there are very few Westerners two official languages need to give serious who have any intellectual or social investment reconsideration to what appears to be more in French as an official language or view ideology than logic. One of the legacies of bilingualism as a “good thing,” other than Prime Minister Trudeau, himself a fluently in abstract terms. Interest in French, let bilingual child of an English-speaking mother alone facility in the language, is restricted and a French-speaking father, was noble, to a social elite (and federal employees even inspiring, in its objective: the concept of seeking promotion). In parts of the West, an officially bilingual country with both French interest continues in heritage languages such and English spoken, at least by government as Ukrainian as a residue from extensive officials, from sea to sea to sea. The ambition twentieth-century immigration and, in British was to enhance Canadian national unity—a Columbia, attention to Chinese and South conundrum from inception—by having French Asian languages as a reflection of more recent speakers feel at ease linguistically in every immigration and an element of outreach to part of the country. (The obverse of the Pacific region economies. coin: having English speakers comparably

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comfortable in Quebec has been less parliamentary majority will prevent near-term pursued.) repeat of this effort.

But fostering French facility throughout Nevertheless, the proposal that all Supreme Canada has proved far less effective than Court justices should be effectively competent the original aspiration. And the costs, both in both official languages would pose a financial and in sociopolitical terms, have been bizarre restriction on the Canadian juridical high. In efficiency terms, learning Spanish system. The argument that an individual is more useful in a hemispheric sense than appearing before the court should be able learning French. And while Chinese is the third to be understood when speaking his or her most widely spoken language in Canada, it native language by all of the attending justices is spoken by only 3 percent of the population flies in the face of the professional realities (while 22 percent speak French). Moreover, of most professions, let alone the law. At the effort to learn Chinese is disproportionate the Supreme Court level, the nuances being to the likely results: it is technically difficult examined require careful, extended review to master; less likely to be economically long after any oral presentation. One hires useful, since the Chinese one encounters professional interpreters—whose expertise is professionally are likely to speak English far in language—to bridge these gaps. The same better than you will ever speak Chinese; and challenges are faced by diplomats, who, as while there is only one serious form of English described earlier, will use interpreters in highly or French, the languages spoken in China structured negotiations where every word are more different one from another than the can be freighted with meaning that would be languages spoken in Europe. So studying irrelevant in casual conversation. Chinese is more of an affectation than a practical approach to language—perhaps Let all be clear about what such a French even an implicit rebellion against learning fluency requirement would entail on the High French. Court. Legal discussions at the Supreme Court level are complex and intricate. To Canadians are working hard to disadvantage refuse justices the assistance of an interpreter themselves further. In the spring of 2010, is the equivalent of insisting they must the House of Commons passed a private have 20/20 vision and not use corrective member’s bill that would make it mandatory lenses to read or not wear a hearing aid if that future Supreme Court justices be fluently auditory ability has declined. The result for bilingual, that is that they could understand Canada would be to stand the objective the oral arguments brought before them of jurisprudence on its head: knowing the without translation. At mid-2010, the Senate language would be more important than was considering the bill, and one senator knowing the law. privately expected it to pass on pure political correctness terms (despite admitting himself Essentially, to make fluent bilingualism a that although he had been raised and educated precondition for the Supreme Court would, in French, he would not be able to understand effectively, reduce greatly the pool of fully a complex legal brief). Ultimately, the prospective candidates—as well as raising bill did not pass—being beaten back by the question of who would do the testing. Conservatives in the Senate. The current Tory Just as interesting, who would be testing

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the English fluency of the three francophone Dwight Eisenhower (military service), and justices? And who would guarantee that they Jimmy Carter (farming), who had real lives understand a complex legal argument even that preceded politics. Likewise, the entry if they had passed some test? In support into politics by those such as billionaires Ross of the requirement, one lawyer claimed that Perot, Steve Forbes, and was interpreters had mangled his presentation not hindered by a requirement to speak, say, into the second language. Such a red herring. Spanish. And if Microsoft magnate Bill Gates Even if true, the answer is simple: spend eventually turns from philanthropy to politics, the money to get better interpreters and he would not require language certification translators. (but presumably he would be Microsoft certified). Of course, Canadians “don’t know It is an absurdly mischievous proposal. Were who they don’t know” through this implicit the Canadians not discussing the topic with exclusion—the individuals who look at the the intense seriousness that Canadians challenge of learning French at 52 and say devote to comparable trivia, in the absence “too late and too hard.” of real societal challenges, an observer might wonder whether every day is April Fools’ Day Even though it is akin to trying to prove a in Ottawa. negative, you don’t know what you never had.

Ultimately, the requirement for French facility An American Alternative as one of the “union cards” for federal political participation effectively precludes the vast percentage of those who devoted their early As a multiethnic, multiracial, multicultural, and mid-life careers to other areas. It tends multi-multi society, virtually from inception to confine a national political career to those the United States has had a wide array of who from the age of five want to be prime linguistic groups within its borders. It certainly minister—and devote their lives to getting the was never uniformly English speaking—and skill set necessary to compete at that level. most certainly is not so now. Historically, the Indeed, there is now a touch of contempt colonies encountered Native American tribes by media commentators for anyone has not speaking their own languages. New York pursued that route; a Canadian political career (New Amsterdam) was originally settled by on the national level demands competence in Dutch speakers. The “Pennsylvania Dutch” both official languages. were German—and at one point, there was a push to have German as an official language Thus starting late in Canadian federal politics in the colonies. Colonists also competed appears far harder than in the United States. with French-speakers in areas on the Atlantic For example, the U.S. pattern for political coast and Quebec as well as those spread activity is often that individuals build a career throughout much of the “old West” (land or reputation in one area, gain success, and between the seacoast and the Mississippi then, perhaps obeying their inner “Peter River) and in trapping and trading posts as far Principle,” consider public or elected service. as the Pacific Ocean. An important individual At the presidential level, U.S. domestic encountered by Lewis and Clark during their politics have been enriched by Woodrow expedition was the French “husband” of Wilson (education), Ronald Reagan (acting), their Native American guide Sacagawea. The

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French owned and the key port terms the level of proficiency in speaking and of New Orleans as well as the other states reading. Thus “1-1” is survival level (“Help, get comprising the vast “Louisiana Purchase” me a doctor” or “Where is the train station?”) until the territory was obtained by President and permits the individual to read a directions in 1803. To the south sign. The highest rating would be “5-5,” (Florida) and southwest (from Texas through which would mean that the individual speaks California), the dominated and reads at the level of fluency expected and, in many of these areas, had been from a native-born university graduate—a deeply embedded in government and culture level at which most of the population in “hard since the days of Spanish conquistadors’ language” countries could not themselves explorations in the sixteenth century. Russia achieve. These ratings were agreed among dominated Alaska until it was sold to the U.S. government agencies and comparable United States in 1867. testing standards were devised so that a “3-3” from the Department of Defense Language And yet, in a matter of years, no more than Institute at Monterey, California, was regarded decades, these languages and their sustaining as equal to the “3-3” from the Foreign governmental and cultural structures were Service Institute language training program swept away by English. It was not done by in Washington, D.C. The “3-3” signifies government fiat—nobody was forbidden from basic competence for communicating in the speaking their natal language, but English language. was the language of commerce and politics throughout the United States, and its mastery Additionally, while there are ratings identified was necessary for success. To be sure, for writing capability, the Department of State “Cajun French” was and is still spoken in does not test writing skills. There may be Louisiana, and Spanish persisted on a local U.S. diplomats who can write capably in a and family level even prior to the vast influx of foreign language, but it would probably be a legal and illegal immigrants from Central and consequence of earlier education or extensive South America and Mexico; however, those personal study and would not be the speakers of foreign languages accepted that consequence of State Department instruction. English was the medium of normal political and commercial exchange. So far as timelines for instruction are concerned, the State Department will provide U.S. Government Official more than 20 weeks of instruction for a Language Policy basic “world language” (for example, French, Spanish, or Italian) with the expectation that As can be appreciated from the U.S. laissez- at the end of that process, someone with faire approach to language use, there is no no previous exposure to the language and formal U.S. language policy. The one possible normal language capability should be able to equivalent is that operated by the U.S. reach a “3-3.” For a “hard language” (Chinese, diplomatic service. Arabic, or Japanese), an entering diplomat is first tested to determine innate language Following World War II, a board was ability (the test consists of a brief exposure constituted to study language requirements to an obscure language, e.g., Kurdish, that and ratings. These ratings specify in numerical

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nobody knows). For hard languages, a you have to say (“He had nothing worth diplomat usually spends approximately a year listening to in five languages”). Moreover, in language training in the United States and the U.S. diplomatic service is “faddish” in its then is sent to even more intensive language approach to the language of the era. Thus study in the area. Hence those studying a generation ago our best and brightest Chinese go to Taijing in Taiwan and Japanese were rushed through intensive Vietnamese to Yokohama; for Arabic there is training in language training by the hundreds with the Tunisia and other Arabic speaking countries, hope of winning hearts and minds in the rice depending on the diplomat’s anticipated paddies and villages. The utility of that skill assignment. Even at the end of that training, post-1974 was and remains marginal. Now a “2+/2+” would be an acceptable result the “flavor(s)” of the decade are Arabic or with the expectation that the individual Farsi or Kurdish or Pashto or Dari with the will continue private tutoring. The implicit implicit thought that if an ambassador can expectation from such a commitment is that speak on Al Jazeera, somehow our policies in an officer will spent a significant part of a Iraq and Afghanistan will be more acceptable career using that language. to the listening audience. But any al-Qaeda militant so influenced is not much of a Consequently, training is a major investment militant. And then there is always the separate by the U.S. government, often costing question of “which Arabic” to learn: Egyptian, hundreds of thousands of dollars in salary Saudi, North African, “street,” or “classical.” and infrastructure expenses. For the diplomat, Consequently, a cynic can always wonder the opportunity cost is the real disincentive whether in 2030 we will be taking crash associated with time spent in training (and courses in Hindi, Bengali, Punjabi, and Tamil. career opportunities are set aside while in training). While “hard language” training time A Worse Future is not counted against career limits, a U.S. diplomat’s career does not meander on for the length of a civil service career; rather it is Canadians seem to be operating under the more akin to that of a military officer with an blithe assumption that the essential nature “up or out” promotion system ending most of the Quebec-Canada conundrum will not diplomatic careers at the 20 to 25 year mark. essentially change or worsen. This is the sanguine “dermatology” analogy: the skin Nor does language facility necessarily pave aliment will never be cured, but it will never the road to diplomatic professional success. kill you—never kill you until it is a melanoma. Although one can enter the Foreign Service as Instead, Canadians might consider the slow a “unilingual Anglophone,” competence in one motion train wreck that is Belgium. Although foreign language is necessary for retention the country has stumbled along with three and promotion—and ostensibly competence official languages (French, Flemish, and in a second foreign language required for German) since its creation in 1836 following promotion to senior levels. Nevertheless, the the , it is increasingly old judgment persists that skill in multiple bitterly divided in economic and social terms languages may qualify you to be a headwaiter, between the French-speaking Walloons in but as a diplomat it matters more what the south and the Flemish speakers in the

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north. Brussels, the country’s capital, is instruction in the “second language,” they officially bilingual—as well as being the center were proud that they did not speak it at of EU bureaucracy. Slowly but steadily, the all. Having heard comparable comments country is separating into linguistic camps in in Canada, the Belgian experience can be its political and social life; for example, each instructive. political party has Flemish and French wings, While there are certainly still “Belgians” as do many nongovernment organizations. struggling to make their country functional, the In June 2007, elections resulted in linguistic for going their own way deadlock that persisted for more than six (à la Yugoslavia or Czechoslovakia) cannot months. The parties essentially disagreed be dismissed—and the potential for Wallonia on social transfers from the richer Flemish- becoming a region of France and Flanders a speaking north to the economically UN member is not trivial. disadvantaged (but once dominant) French-speaking south. This federal-level But Consider a Technological bickering reflects the petty mutual linguistic Alternative harassments in the communes when requests There are times when technology resolves a made in one language are met with studied moral or philosophical debate. Computerized indifference by officials speaking the other. software is providing translation both written In June 2010, the government collapsed and oral in various languages. At this juncture, over the linguistic rights of a small group of we see its limitations in voice menus on francophones in a clutch of Dutch communes telephones offering the caller information on the outskirts of officially bilingual Brussels in a language of choice; however, readily (imagine a prospective fight over linguistic available computer programs for the blind (or rights of anglophones in the Quebec ridings the sighted) are converting spoken instruction immediately outside Ottawa). The largest into written language. Likewise, optical party after the election called for the breakup scanners are putting written texts into oral of the country with an independent Flanders. form. And hand-held devices for the tourist After 541 days of negotiation, on December are generating limited vocabulary in a “foreign” 6, 2011, a governing coalition was created, language. Is the time too distant when but as of mid-2013 its long range survival unilingual speakers of different languages prospects are questionable. will “text message” to one another face-to- face and receive the translation in their own There is a cruel inevitability for the predictable language? Given the reality that listeners future of what some have called Europe’s perceive speakers to be untrustworthy to most successful “failed state.” Well over 30 the extent that their speech is accented, years ago Belgians would comment that a mechanical translator—even with limited while they had taken 12 years of academic vocabulary—could be invaluable on many personal and professional levels.

136 ALTERNATIVE NORTH AMERICAS 8 THE CANADIAN MILITARY AND DEFENSE OF NORTH AMERICA

oth Canada and the United States are painful. Canada has a magnificent military Bcaught in the amber of history. Over the history, replete with heroes and national generations our defense relationship shifted response to vicious global challenges. In from being “oldest enemies” to “closest friends,” both world wars, Canada, protected as it is with projections and expectations comparably by three oceans, could have hidden in the adjusted. equivalent of the global closet and done minimal or perfunctory military service (as was Yet these perceptions are again in the the case for South American powerhouses process of adjustment—and necessarily so. such as Brazil and Argentina). Instead, Until its recent commitments in Afghanistan Canadians not just rose, but seized and and coincidental modest defense budget embraced these challenges, bloody and increases, the last gurgles of the Canadian expensive as they became. military establishment were headed down the drain. Conservative government action Canada entered World War I in 1914; with a (building on Liberal commitments) put in a population base of 7.2 million, it put 600,000 “plug,” but it will take as long to refill as it into uniform, of whom more than 10 percent took to empty—even assuming that defense died (65,000) and another 150,000 were expenditures continue at projected levels. wounded. Thousands of Americans, scornful Unfortunately, mid-2013 predications of of Wilsonian neutrality disguised as morality defense budget reductions of up to $1 and eager to resist German aggression, billion strongly suggest otherwise. There is a joined Canadian units. In contrast, the United significant likelihood that the plug will again be States did not enter the war until 1917, spent removed with fatally “draining” consequences a good deal of time getting its act together, for Canadian defense. arrived in France proclaiming “Lafayette, we are here,” and claimed to have won the war For historians, the portrait is particularly when it ended a year later. That judgment

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is not to denigrate U.S. efforts, which were end of the war in Europe in May 1945. Indeed, heroic and probably pivotal for the Allied Canadian forces had their own landing beach victory, but to recall simply that Canada was on D-Day; U.S. and UK each forces had two. there first with the most. Indeed, it has been There was no question in Allied military circles persuasively argued that modern Canada of whether the Canadians were up to the job; was born with the combat victory on Vimy D-Day was not designed as politically correct Ridge. From a military point of view, the action tokenism with every ally getting its little patch on Vimy showed tactical creativity and an of sand to play war games. economy of force (and relatively low casualties in comparative terms) that suggested the Canadian forces operated closely with both Canadian military had advanced beyond the U.S. and British combat elements fighting butcher logic that seemed to impel European their way out of Normandy; 69 years later, combat commanders of the era. remaining Canadian veterans recall with pleasure their association with U.S. forces In World War II, Canadian efforts were, if during that period. To Canada fell the primary anything, even more impressive. From a base honor of liberating the . The population of 14 million, Canada put 1 million combination of that feat of arms and the into uniform—analogous to the 14 million hospitality shown by Canadians to the Dutch the United States brought under arms from royal family throughout the war has prompted a population base of 140 million. Canadian 69 years of warm memories reflected in beds armed forces were overwhelmingly volunteers. of tulips in Ottawa and an annual Dutch To be sure, galvanized by the Japanese attack commitment to decorate the graves of the on Pearl Harbor in 1941, U.S. forces had fallen in the Netherlands. high numbers of volunteers, but they were stimulated by the draft from 1940 onward, As the war ended in August 1945, Canadian and many men volunteered for military service forces were preparing for combat in the to give themselves somewhat more control Pacific against the Japanese. Their war had over their branch and circumstances of lasted almost six years. service. U.S. volunteer levels were nowhere as high as Canadian, which were not initially The High Point: A Summing Up connected to conscription. in 1945

Most Canadians are at least peripherally At the end of the war, Canada had by most aware of their combat contributions in World estimates the fourth strongest military force War II. To be blunt, some were disasters: in the world. It consisted of trained, effective inadequately trained and equipped troops combat divisions; a powerful navy that had dispatched to Hong Kong were swept up by kept the North Atlantic sea lanes open and the Japanese storm; a variety of still-debated included an aircraft carrier; and a heavy errors led to a bloody disaster in the raid bomber force that had devastated good parts on Dieppe. But subsequently, albeit slowly, of Germany in cooperation with U.S. and Canadian Armed Forces performed effectively British bombers. Moreover, there was a strong in ’s mountains and commendably in the production base, virtually endless natural post-D-Day fighting from June 1944 until the

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resources, and the technical and material The Downward Trail capability to produce nuclear weapons had the government chosen to move in this The Canadian military did not implode from direction. a million in uniform to 68,000 (mid-2013) Canada had punched far above its weight overnight. At one juncture during the early class. Its military contribution and combat days of the Cold War, Canada devoted close competence had bought Canada a significant to 50 percent of its federal budget to the role in the creation of the United Nations. If military, and with armed forces numbering it had pursued the option, Ottawa—albeit 120,000, was entitled to regard itself as not contending at the same military level as first among the “middle powers.” In 1950, the United States, the United Kingdom, or in response to the North Korean invasion the USSR—could have been a major global of South Korea, Canada joined a U.S.-led, military force throughout the second half UN-endorsed effort to repel the aggression. of the twentieth century. It would not have The much lauded Princess Patricia’s been cheap, but an analyst might imagine a Canadian Light Infantry provided a battalion 2013 Canada with population of 34 million that performed heroically and won a U.S. devoting the same percentage of its GDP to presidential unit citation. But Canadian military defense and security as France (2.3 percent participation was limited to a brigade, part in 2010) instead of 1.4 percent, with a variety of a British Commonwealth division; no one of extended range combat capabilities. But even conceived of sending a full infantry it did not so choose, and the intervening 68 division. Retrospectively, at least one historian years have seen a steady decline in military () dismissed Canadian action in capabilities to the point where its World War II Korea as driven by U.S. rather than Canadian combat competence is not even a dream. interests.

Throughout the 1950s, as examined in the Spring 2011 issued International Journal, Canadian politics were roiled by controversy over any level of defense spending. Major armament projects (the Avro Arrow) were cancelled, and there was serious debate over cooperating with the United States for North America’s air defense and maintaining a European military presence once Europeans began substantial Cold War-driven rearmament.

Nevertheless, throughout the Cold War, Canada participated in the NATO preparations for the defense of Europe. Often this effort appeared more dutiful than devoted. Nor was it proportionate Aislin, “oh, oh!”, oh, oh!, and other recent cartoons to the commitment conceivable, given its by Aislin, 2004

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GNP and population. That is not to imply that instead of a peace dividend (and reduction the Canadian air force unit and its infantry of defense expenditures), “peace is the and armor brigade were not combat effective dividend,” and the costs of defense must units. At one juncture in the late 1970s, this always be paid in advance. author observed a “Reforger” military exercise in Germany and visited the Canadian brigade While the Mulroney Tories reduced Canadian headquarters. The force and its commander Forces in accord with their concept of the demonstrated solid military competence. peace dividend, it was with the Chrétien Canadian Forces were counted upon by Liberals that Canada’s military forces hit rock other NATO allies as main line combatants bottom. Although after taking power in the that would be in the forefront of any slugging 1993 election, the Chrétien 1994 defense match with Soviet invaders. The grim white paper promised that Canada’s forces judgment of those who for a generation would be designed to fight “alongside the feared apocalypse in Europe was that we best; against the best,” this commitment was would “have to fight outnumbered and win.” breached before it was even contemplated Canadians would have been part of that for honoring. Facing substantial deficits, desperate, and fortunately avoided, struggle. the Liberal interest was budget reduction, and down went the CF: a $12 billion budget Little more than 20 years ago in 1993, dropped to $8 billion; personnel were shrunk Canada had major contingents assigned by one-quarter to 60,000 regulars. Two of inter alia in Cambodia, Cyprus, Somalia, the three service colleges and the National Bosnia, Croatia, Sinai, and the Golan Heights, Defense College were closed—so much along with approximately 5,000 Canadians for training the next generation of military still serving with NATO forces stationed in officers, let alone equipping it. (As the first Germany. Approximately, 10,000 Canadian Chrétien action was to cancel replacements service personnel were helping to maintain for already antiquated Sea King helicopters international peace and security. at a cost of $500 million in penalties. That by 2013 the Sea Kings were still flying— Subsequently, reduced budgets, 30,000 fewer and still not replaced—speaks more for the personnel, and serious sustainability problems creativity of mechanics than for coherent force limited Canadian participation in outside its modernization.) borders. Currently, other than its Afghanistan commitment (now substantially reduced Current Canadian Attitudes: to noncombat Afghan military and police training), Canada was no longer doing UN- Origins and Effects sponsored peacekeeping missions.

But with the end of the Cold War, there Canada at Base Is Anti-Military seemed to be a sigh of contentment from Ottawa has turned steadily away from military Ottawa. No more of this “standing on guard” commitments. No democratically elected for “thee” or for anyone in the Fulda Gap. No leader eagerly embraces the opportunity for more combat forces in Europe. And likewise war. Indeed, it has been noted (perhaps in a no particular appreciation of the sobriquet that stretch of rhetoric) that democracies have not

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made war upon each other. That judgment source of recent immigrants who instinctively may rather reflect more the lack of opportunity rallied to the Mother Country. Additionally, than political virtue, as democracies London was the intellectual and social capital historically have been relatively rare. In any of Canada; in 1914, the king was as much event, Canadian democracy has not only king in Toronto as he was in Manchester. turned away from war, but also from most activity that would be regarded as warlike. Francophone Quebeckers, with exceptions to be sure, did not feel the same visceral The essential element is the unresolved emotion. Never fully integrated socio-politically dichotomy that is “Canada.” A core element into Canada, they had little interest in “King of the is resented conquest, and Country” or supporting with their blood stemming from French defeat in 1759 on and treasure the overseas representatives the Plains of Abraham. The story of English of their oppressors at home. They had not (James Wolfe) victory and French (Joseph de endorsed Canadian participation in the Boer Montcalm) defeat has empowered English War and were consistent in their opposition to speakers and frustrated the French, who have Canada dragging francophones into fighting nursed grievance for over 250 years. French in Europe or elsewhere in the world. Defend speakers, and notably Quebec francophones, Canada against direct attack by a foreign never believed themselves to be full citizens invader? Mais oui. Certainly. But foreign of Canada (nor largely wanted to be), and excursions, non merci (thank you, but no English economic and political dominance thank you). of Quebec from “the conquest” to the “Quiet Revolution” beginning in the 1960s reinforced Nor did the vision of France under assault the condition. by German armies prompt francophone unity. The France of Clémenceau and Barrès As a consequence, neither of the world wars was not a mother country for Quebeckers. provided the impetus for Canadian national Indeed, the almost two-century separation unity that these wars did both for the United had left the dialect spoken in Quebec on the States (and for other of the Allies such as the verge of being incomprehensible to many UK and the USSR). Indeed, for Canada the European French speakers. This was the wars were immensely divisive. France that had abandoned them following the 1759 defeat and whose representatives On the one hand, anglophones saw the characterized Canada as “arpents of snow” “mother country” of England and the while choosing to recover various sugar- British Empire more generally as under producing West Indian islands rather than mortal attack. It was a duty, indeed a moral French North America. Moreover, twentieth- obligation, to resist German aggression. century France was essentially anti-Catholic Examining the documentation of the 1914 as a heritage of the French Revolution, era, even secondhand and filtered through which destroyed much of the ostensible the perceptions of others, reveals a blithe and Catholic presence in the country and naïve enthusiasm with moral and religious rigorously separated church and state. For roots to resist “the Huns” and assist England. French-speaking Quebeckers, the Catholic Moreover, the United Kingdom was a primary Church was dominant in every element

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of life. Its principal spokesman prior to There was no knowledge that standard World War II, Father Lionel-Adolphe Groulx, German anti-Semitism would become a expressed views that approached fascism Holocaust. But again, when the issue of in their antipathy to democracy and Jews. military service, and particularly conscription, Anglophones regarded Quebeckers as “priest- came into play, francophone Quebeckers ridden” and social commentators believed simply opted out. It was not their war. that the power of the over Prime Minister MacKenzie King’s evasive Quebeckers would be a sociopolitical given judgment of “a draft if necessary, but not into the indefinite future. necessarily a draft” sounded masterful in , but proved divisive in practice. The Thus when the question of military national referendum of 1942 on conscription conscription became a national issue, it was demonstrated this division by piling up solid strongly supported in and majorities throughout English Canada, but roundly opposed in Quebec during both world defeat in Quebec. The result was that the wars. Pressing forward with conscription to 1940 National Resources Mobilization Act fill up the ranks of those lost in battles on (NRMA) enlisted men for the defense of the Western Front, the draft of Quebeckers Canada—but not for overseas service. The was also accompanied by draft riots. With NRMA men, nicknamed “Zombies,” held fast much political anguish and maneuvering, a to their non-deployable status; despite social Military Service Act was orchestrated through pressures and inducements, they declined Parliament in August 1917. The protracted to volunteer for active overseas duty, which bureaucratic nature of notifying prospective after the 1944 D-Day landing and intense conscripts, resolving the cases of those combat (1,000 killed and wounded during the seeking exemptions (and almost all did), and first day on Juno Beach) became increasingly training, and dispatching the raw recruits, dangerous. Faced with a desperate need for altogether entailed close to a year of delay. reinforcements and a dearth of volunteers, Fortunately for Canadian unity, the war ended King eventually authorized compulsory before any significant number of draftees overseas service for NRMA members but only (fewer than 25,000) was dispatched to after massive political debate and wrenching Europe, let alone suffering the casualties that domestic disagreement. Again, as had been would have further embittered Quebeckers. the case in World War I, the fighting in Europe ended before any significant number of Circumstances in World War II were Zombies went to the front, and it was never comparable. Although the rush to the colors an issue for the Pacific war. in 1939 lacked the idealistic fervor that characterized the volunteers of 25 years More than 68 years after the war, bitterness earlier, it was once again, as noted above, remains among the ever-thinning remnants remarkable in its commitment. Despite the of the anglophone veterans toward the 60,000 dead of their father’s lost generation relative nonparticipation of Francophone and the expectation that the war would be Quebeckers—and toward the anglophone long and brutal, Canadians still volunteered. Zombies who remained out of the battle. The numbers of those who knew anything One side of the debate claims that King was about German-Polish differences were few. masterful in mitigating the potential for a

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disastrous domestic split with implementation Canada, as multinational and multiethnic as of an early draft. The other side counterclaims the United States, is unable to hark back that the bitterness simply exacerbated to shared national sacrifice and the valor anglophone belief that francophones can dine of individual soldiers as a force for national à la carte in Canada: scoop up benefits and unity. Instead, the world wars emphasized avoid sacrifices. rather than healed Canada’s fault lines. For example, it is clear that many Canadian As the veterans die, the memories fade soldiers despised Prime Minister King for his and the vitriol is less corrosive. There is a flaccid refusal to provide draftee support for bland conclusion that all of the “Greatest the volunteers. In an oft-forgotten vignette, Generation” veterans and nonveterans are soldiers, who were permitted under the to be appreciated and honored simply for electoral rules of the day to vote in any still existing. The historical reality, however, constituency, voted to defeat King in his riding continues to condition Canadian military during the 1945 election; it was a memorable, attitudes: Quebeckers remain uninterested in direct, and telling insult. It is inconceivable that foreign adventures. Quebeckers vehemently FDR would have been so personally rejected and overwhelmingly opposed the 2003 by U.S. soldiers. As a result, the wars are “Coalition of the Willing” assault on Iraq, and downplayed in Canadian history, appreciating their hostility to the Afghanistan commitment that they only exacerbated Anglo-Franco was the strongest of any element in Canada. divisions. And if you want to make the 60,000 dead from World War I and the 45,000 One of the classic themes in U.S. war movies dead from World War II into nonpersons, a and stories is the squad or platoon consisting reasonable conclusion would be that they may of the tough kid from inner city New York, be individually “heroic” but are not politically the farm yokel from Kansas, the “college important or worthy of serious historical boy,” the rich man’s son, the Jew/Catholic/ mention or consideration. Protestant, and an American Indian. Combat, hardship, sacrifice, and ultimately death, generate bonds of mutual loyalty; the story No Military-Political Leaders is the paradigm of the American melting pot. for Canada It is another way of demonstrating one of One of the abiding divides between Canadian our national mottoes, the Latin inscription E and U.S. history is the role of military figures (from many, one). One may pluribus unum in politics. A Canadian general has never smile at the artificiality of the construct, but it become prime minister; indeed, Canada’s was not without a grim reality; the life stories most trusted and admired military figure from of the handful of Marines who raised the flag World War I, General Sir Arthur William Currie at Iwo Jima included a Pima Indian, a French (1875-1933), who led the unified Canadian Canadian immigrant, a steelworker’s son, Expeditionary Force, was belabored by and a navy medic. They live today, forever the media in his subsequent private life by captured in bronze, overseeing Washington, persistent libelous attacks. No Canadian D.C., and the Arlington National Cemetery military figure emerged from World War II or (where three of the flag raisers are interred). the Korean conflict with a significant political There is no comparable Canadian story. profile. The most noteworthy Canadian

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military peacekeeper, Major-General Lewis no expectation that success in the Canadian MacKenzie, was unable even to be elected armed forces will have any political resonance. as a Member of Parliament and is reduced to There is no expectation that military service is being an acerbic critic of Canadian political a societal good thing directly correlated with and military policy. The most respected being a good citizen. contemporary Canadian military officer, General (retired), who served as As a consequence, the last Canadian prime Chief of Defense Staff (CDS), appears to minister to have had military experience was be deliberately avoiding electoral politics. Lester Pearson in World War I; he, at least, Placing Lieutenant-General Roméo Dallaire could appreciate the potential political utility of in the Senate is an illustration of tragedy armed force and he artfully developed it into not heroism; to some, it suggests that even peacekeeping. peacekeeping is futile; to others, it suggests Other than Pearson, Canadian prime that the Canadians of the Sam Steele era ministers have appeared to view the military would have died trying to save their troops with contempt or indifference. Most famous and those nameless Africans in a “forlorn of these was Pierre Trudeau whose adroit hope” charge. avoidance of military service combined with In contrast, the strong majority of U.S. apocalyptical tales of driving about Montreal presidents have had military experience, and on a motorcycle wearing a German helmet U.S. political history is replete with general- during World War II would have made him presidents. Some are obvious: George unfit for election as dog catcher in the United Washington, Andrew Jackson, and Ulysses S. States. Instead, Trudeau managed to avoid Grant. Others are more obscure: William Henry military service with the suggestion that he Harrison, Zachary Taylor, Rutherford Hayes, and hadn’t noticed how important the war was James Garfield. The most obvious of recent and, as a Quebecker, was essentially given a memorable U.S. soldier-president is Dwight “pass” by those unwilling to suggest that he David Eisenhower—the prototype for generals was unpatriotic, let alone cowardly. Panache who hope that stars will lead them to political with a cape substituted for campaign ribbons. mountain tops. Other U.S. presidents have Almost as amazing were the antics of Jean often had military, indeed combat experience, Chrétien, who in his long career as minister albeit not at the highest command levels: World of everything, never came near the defense War II-generation veterans who reached the ministry (and only tangentially in the dying presidency (, John F. Kennedy, days of the Turner government served as Lyndon Johnson, Gerald Ford, George H.W. foreign minister). Thus it was amusing to Bush) were all lower-ranking officers, and see him unable to put on a helmet correctly, interestingly they were all naval officers. but pathetic to hear his rationale for rushing It is not the case that military figures had no through a military cemetery in Germany in role in Canadian political life. Former Defense 2002, offering the excuse that if there had Minister Barney Dawson still brings quivers been Quebeckers buried there, he would have of satisfaction of Canadian supporters of a stopped. For a man who noted his brother’s strong military. Simply put, however, there is World War II military service with pride in Straight from the Heart, it demonstrated

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a cold indifference to sacrifice that was Canadian and U.S. society has changed as much an insight into current Canadian radically since World War II. To be sure, the psyche as into Chrétien’s soul. It would have “French fact” in Canada and the “Negro” in been so easy for Chrétien to have paused the United States were significant elements for a moment before a tombstone and said of the World War II populations, but both something like, “He was my brother’s age. societies were substantially white Anglo- What a loss.” However, it wasn’t important to Saxons in appearance and certainly in their Canadians (and thus not to Chrétien) that he socio-political attitudes during the first half of pay a few minutes of homage to those who the twentieth century. In the United States, died liberating victims of German aggression. African-Americans were largely excluded It was even less important for Chrétien, seeing from the armed forces and segregation was as they were not Quebeckers who had died. the norm. To review film footage of U.S. World War II combat forces in the 1950s In contrast, there is not a U.S. politician, from documentary Victory at Sea, or in recreated city councilor to president, who does not have docudramas such as Steven Spielberg’s Band it genetically imprinted on his soul that you of Brothers, is to recognize that the war was honor the dead. At its worst, this becomes disproportionately fought by white males. The wrap-yourself-in-the-flag posturing where the Tuskegee airmen have been dramatized for politician figuratively stands on the coffins of socio-political reasons (most recently in the the dead as a platform for promoting personal George Lucas film,Red Tails) as earlier were policy. At its best, it reflects the recognition Japanese-Americans in the 442nd Regimental that national security is a continuum. Death in Combat Team, but despite their heroics, both defense of national interest is never trivial, and were only a tiny percentage of U.S. combat freedom today came at the cost of sacrifices personnel. yesterday. Moreover, freedom tomorrow will be based on preparation to die in its defense That is not the case today. The United States’ today. Indeed, those observing and criticizing population exceeds 316 million-approximately U.S. foreign policy and military commitments 15 percent is Hispanic, approximately the should recall that the Pentagon is directly same numbers are African-American, and in line-of-sight from Arlington National another 5 percent is Asian. U.S. armed forces Cemetery. There is no senior military leader are now “all volunteer”; conscription has been in Washington who does not have that daily eliminated for a generation. Indeed, no young reminder—or who needs the 9/11 memorial adult reaching what used to be the age for at the base of the Pentagon’s southwest draft registration (18 years old) has lived under wall—to reinforce the recognition that even “the draft.” The depressing media collages of the most valid military action has harsh costs. photos of those who have died in recent U.S. Often it appears that today’s Canadian has combat activity show that death is shared: forgotten the point—or decided to outsource racially, ethnically, and now even by gender. the defense of Canada’s liberty. While there are certainly racial fault lines in U.S. society, and divisions between rich and Changing Societal Composition poor, the armed forces are widely seen as not only integrated, but also even-handed in their The racial-ethnic composition of both treatment of individual soldiers. At least so far

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as the U.S. military is concerned, the United until the Afghanistan experience there were States is a melting pot and a path for upward ever fewer numbers of veterans in Canadian social mobility for young men and women. In society and, even following Afghanistan, their national terms, military service is honored and role is peripheral rather than illustrative, let respected; eyebrows would not be raised in any alone inspirational. element of the U.S. population for a son—or daughter—who decided to enlist for military Canadians have also adopted an attitude that service, commit to officer training at university, or approximates that of the old Chinese maxim “re-up” or “go career” after an initial tour of duty. that “you don’t make good iron into nails, and you don’t make good men into soldiers.” Such is not the case in Canada. Substantial Following the extended CF experience in numbers of recent immigrants to Canada Afghanistan, there is greater popular respect come from countries whose military forces for military personnel—but no commensurate were instruments of repression rather than societal interest in military service. Thus an liberation. They have no interest in, indeed anecdotal account of a Canadian young active antipathy for, the armed forces. woman offered admission to the Canadian Recruitment is difficult, particularly among military academy at Kingston detailed the “visible minorities” and not even the Great reaction by her contemporaries as shock and Recession and positive societal attitudes even horror that she would consider such a toward soldiers serving in Afghanistan career. Although the story is some years old, stemmed departures from CF regular and it remains relevant. In contrast, an American reserve forces when legal commitments high school student admitted to West Point, were completed. Nor does academic Annapolis, or the Air Force Academy has instruction provide much in the way of positive won a prestigious honor reflecting admission reinforcement for those who may be favorably to an elite institution—whether or not inclined toward the military; history books contemporaries had any interest in a military have largely forgotten Canada in combat as career. effectively documented in Jack Granatstein’s Who Killed Canadian History?. Remembrance Day versus Veterans Day Moreover, the military is largely invisible in Canada, buried as it is in bases far from major Who are our veterans and what do they mean population centers. Its tiny size, manned for our societies? There is no more telling an primarily by long-term volunteers, means that indication of our varying bilateral approach to there are relatively few individuals who “show the armed forces than is demonstrated by our the flag” by appearing publicly in uniform, and management of ceremonies on November 11. these are limited to a few military bases and This event marks specifically the conclusion of their surrounding garrison ports and cities. hostilities between German and Allied forces There was even a media flap over uniformed in 1918, but more generally, honors those who CF members participating in new citizenship served in the armed forces. ceremonies. Likewise, the reserve forces (to be discussed in more detail below) are limited For many Canadians, participation in the in size and restricted by regulations that “Great War” marked their emergence as a discourage participation. The result is that nation forged in the combat surrounding

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the fighting over Vimy Ridge. For American scene, the role of the veteran in political and historians, the war is often regarded as the first social life has strengthened. Military service, or appearance of the United States as a world lack thereof, is always relevant in U.S. politics. power—and, perhaps with an iota of American self-importance, as the savior of Europe. Thus one of the most memorable political advertisements during the tumultuous Canadians commemorate November 11 as 2004 U.S. election campaign was the one “Remembrance Day.” Americans mark it as criticizing Senator John Kerry as created “Veterans Day.” And the difference is more by “swift boat” Vietnam veterans. With than nominal. For Canadians, until very a passion undiminished by the passage recently and Afghanistan-related, the day of 30 years, they charged that Kerry had appeared increasingly to be one of recalling betrayed them and their comrades by his something of dim and distant memory. The unsubstantiated accusations that U.S. soldiers overwhelming mass of the events of the were war criminals in Vietnam. There was world wars and the are so long an authenticity in their enduring outrage that ago and far away that they were almost the deflected Kerry’s effort to depict himself as societal equivalent at looking over that box a staunch defender of U.S. military security. of old toys in the attic that you put away The countercharge that President Bush had when puberty directed other interests. Or you evaded his Vietnam-era Air Force reserve politely listened to the tales that grandfathers requirements and not fully completed his (who you cannot imagine ever being young) commitments collapsed when the much- offer in abbreviated and sanitized form so advertised and claims by Dan Rather and they will not bore or shock you. Thus the CBS claims proved to be based on forged death of the last Canadian soldier who served documents. in World War I (he lived most of his life in the United States) in early 2010 was noted Subsequent voting patterns indicated that with quiet dignity, and the rapidly depleting a strong majority of veterans supported cohorts of World War II veterans have been President Bush (and one poll suggested that attracting “oral history” buffs. Afghan war vets 70 percent of the U.S. Armed Forces did so are respected individually without prompting as well). Likewise, veterans and active duty young Canadians to emulate them. military strongly supported Vietnam war hero Senator John McCain over Senator Barack For Americans, however, the “vets” are Obama in 2008 and Mitt Romney over immediately at hand—23.4 million (estimates President Obama in 2012. vary) of them who together comprise close to 10 percent of the U.S. adult population. Indeed, the selection of Senator Kerry as America’s wars and America’s veterans are Secretary of State and former Senator Chuck intimate parts of daily life. A long string of Hagel as Secretary of Defense prompted “little wars” and campaigns have filled the past head-shaking among veterans. The president 68 years: Korea, Vietnam, , Lebanon, had clearly selected birds that flew only with Panama, Gulf I and Gulf II, and Afghanistan. their left wings to preside over diminished U.S. Although the “greatest generation” associated roles in foreign and defense policy. with World War II is now passing from the In contrast, it was not only irrelevant but

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would have been regarded as ludicrous had 9/11 burning towers riveted in their minds—a the question of military service for Paul Martin, memory reinforced by the tenth anniversary Stéphane Dion, Michael Ignatieff, Steven commemorations of the attack, and again by Harper, Jack Layton, or even the Boston Marathon massacre in April 2013. been raised. And one doubts that Justin Canadians can’t understand why we won’t Trudeau’s and Thomas Mulcair’s lack of get-over-it, address “root causes” of terrorism, military experience has any relevance for the alter our approach to the Middle East, learn Canadian electorate. to love the United Nations, negotiate with the Taliban, and take our differences with bad One of the prominent sites in the Washington guys, e.g., Somali pirates, to the International area is the Arlington National Cemetery. Criminal Court. We can’t understand why Overlooking the city and surrounding the Canadians don’t understand. family home of Robert E. Lee, the cemetery holds the graves of 300,000, including Facing the Canadian Military President John F. Kennedy and his family members, as well as the Tomb of the Reality Unknowns. Advocates of a stronger Canadian Forces One noteworthy memorial in the cemetery was and enhanced military spending regularly cite erected in 1927 by the Canadian government polls indicating popular support for increased to honor Americans who had “served in the defense and security spending. These are Canadian army and gave themselves in the interesting, albeit largely irrelevant statistics. Great War.” Comparable language identifies Sometimes increased defense spending is Americans who died while serving with presented as an abstraction that postulates Canadian Armed Forces in World War II and the spending with a softball, friendly question. Korea. A cross, standing over 20 feet high Sometimes it is part of a list to suggest and incorporating a massive bronze sword, increased spending on motherhood topics lies less than 50 yards from the amphitheater such as health, education, infrastructure, incorporating the Tomb of the Unknowns. In etc. (greater defense spending then garners this era, Canada led the way in its military an endorsement but never by as large a response to aggression. Thus German attacks majority as other options). You do not see on European states in 1914 and again in 1939 questions that say, in effect, “Would you prompted an immediate, strong Canadian increase defense spending by reducing military reaction. In contrast, the United States money for health care?” Instead, the media was dilatory, indifferent, and at times outright emphasis is on waste, fraud, and abuse in hostile to participating in such combat. The military spending or scandal such as sexual British were imperialists and bullies; the harassment. Germans’ aspirations were “understandable.” Hitler was a posturing loudmouth with a funny There was a grudging societal acceptance moustache. Canadians of that day couldn’t that during the Canadian combat mission understand why we didn’t understand. in Afghanistan, which ended in mid-2011, Canadian Forces needed to be equipped at Now a significant number of Americans still first-team levels, but it was always rationalized awaken every morning with the image of the

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or defended as saving and protecting the defense budget. Such imperatives are individual soldiers rather than advancing a simply impossibilities. combat mission. The Canadian government was swimming upstream against popular A Military in Which Nobody Dies opinion for most of its 10-year Afghan combat effort; it will be interesting to see whether the Even more basic than money is commitment. public accepts any casualties stemming from Today, Canadians seem to believe that the its current role in training Afghan military and unlimited liability associated with military security forces. service is a meaningless paper abstraction. They no longer seem to recognize that military As of mid-2013, concern for problems such service—even intensive training for military as security and terrorism barely registers in duty—is hard and an inherently dangerous Canada. The April 2013 aborted terrorist activity. The maxim, “Train hard; fight easy,” attack against a VIA rail Toronto-to-New York seems to have totally disappeared from the train quickly departed from Canadian media. popular concept of the preparation required In contrast, events, reinforced by the Boston for Canadian Forces. Consequently, Canadian Marathon terrorist bombing, remain substantial public reaction to death on active duty problems for the U.S. population, despite the appears wildly disproportionate to the loss. economic imperatives that have loomed during There is a maxim that one death is a tragedy, the Great Recession. The primary concern but 10,000 deaths are a statistic. Canada by Canadian media often appears to be that now is so safe a society that any death Canadians not be inconvenienced by U.S. stimulates a media-driven outcry suggesting border and security controls. This point of view to all involved that no action is better than any tends to place the emphasis on what is the action if there is a chance that there will be a minimum required to placate that obsessive death, let alone a combat casualty. Uncle Sam rather than what is the maximum that can be done to safeguard U.S. and Therefore, while the “friendly fire” death of four Canadian domestic security. Canadian Forces personnel in Afghanistan in 2002 and the wounding of several others was Despite the anomaly of their Afghanistan wholly regrettable, even more regrettable, in commitment, Canadians are saying politely, historical terms (at least for the Confederacy), quietly, but in a clear Canadian way, that was that General Stonewall Jackson was they do not want and will not want for the killed by his own forces during the Civil War. immediate future any armed forces that would Or that General Leslie McNair (and several approach the capabilities of what Canada’s hundred U.S. troops) were killed by errant national GNP or technical and industrial bombs in World War II in Normandy. Or that competence would permit. Such a force U.S. forces shot down a British plane during would probably require expenditures on, say, the second Gulf War. Modern weapons have the level of those of France (2.3 percent of reached unprecedented levels of accuracy GDP vs. Canada’s 1.3 percent in 2012) and and lethality; we are virtually at the level that would probably need to be accompanied by to shoot is to hit is to kill. Therefore, the conscription to fill out the ranks of volunteers fact that in war “things happen” does not and prevent personnel costs from devouring excuse the level of confused, incompetent

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stupidity demonstrated by the Air Force pilot extremes into the realm of the ridiculous. In that bombed the Canadian patrol. So far as contrast, at approximately the same time assessing fault is concerned, it is virtually as the Chicoutimi , a U.S. nuclear impossible to second-guess armed forces submarine hit a hidden reef while submerged; personnel who claim that they believed they there were many injuries, and a seaman died. were threatened or under attack—regardless While the consequences for the submarine of the unlikely nature of the circumstances. commander were professionally dire, the But the degree to which it dominated remainder of the submarine fleet continued to Canadian press, with a nearly obsessive focus operate normally. on how and in what detail the United States apologized for the action, was baffling to U.S. Moreover, the Chicoutimi story morphed into observers. Likewise, the relentless attention a renewed discussion of whether Canada given each death during the Afghan conflict, was cheated in some manner by the UK in totaling 157 in 10 years (which one Canadian the nature of the arrangements for obtaining observer privately suggested was less than the submarines that also appeared hugely snowmobile deaths in the same period), disproportionate to the circumstances. seemed to suggest that Canadians were a The submarine saga continues, with the nation of professional mourners and grief Chicoutimi still sitting in dry dock, unrepaired, counselors. in mid-2013. The other three seem to spend At a comparable point in 2011, approximately their lives in long term repair; for example, in 1,650 U.S. troops had died in combat, some 2010 two were in that status, which meant of them doubtless by accident. In Afghanistan, that only one submarine, Corner Brook, the most prominent volunteer in the post-9/11 was in service in mid-2011. Unfortunately, military, professional football player Pat Tillman, in April 2011, Corner Brook hit bottom was killed by U.S. forces in a confused night- during an exercise, leaving it in an “extended time encounter ultimately determined to be maintenance period,” prior to entering an “friendly fire.” It was a personal family tragedy “extended docking work period” starting in and a national media story, but not a subject 2014. Windsor, which theoretically completed for detailed obsessive attention. its extended maintenance in December 2012, reportedly needs to replace a broken diesel In another example, Canadians obsessed generator, refitting in 2013, with an optimistic over the death of a single sailor in a smoke operational date later in 2013. inhalation accident on the submarine Chicoutimi. The investigation dry-docked the Although some may consider the Canadian entire submarine fleet for seven months from submarine force snake-bit, the dilatory October 2004 to May 2005 with a devastating maintenance and training regimes accentuate effect on training and readiness. During questionable operational decision making. this period, Canada’s coastline lacked the More generally, this obsessive concern over observational support that the submarines damage or injury in military activity apparently were providing. The extended dry-docking reflects a Canadian societal view that no level after the Chicoutimi accident, reflects a of risk is acceptable. For example, in April zero defects philosophy carried beyond 2005, the United States prepared a missile launch from Cape Canaveral; the missile

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payload was an unspecified intelligence armed forces must reflect the same level of satellite package. Following the launch, the nondiscrimination and as missile booster would splash down in the other government agencies. Nevertheless, North Atlantic far away from Newfoundland the supposed societal imperative that its oil platforms. But not far enough for then- armed forces reflect its racial, ethnic, and Newfoundland Premier Danny Williams, who linguistic composition flies in the face of a initially disregarded reassurances by U.S. volunteer force. If a country constructs its officials that the chances were one in 10 armed forces through draft or conscription, trillion that the booster could hit the Terra it can ensure that its forces reflect—down Nova floating platform or the Glomar Grand to the last decimal point—the sociology of Banks drilling rig. Nor was this a novel effort its population. But if it is an all-volunteer by the United States as there had been similar force, as is the case for Canada and the launches in the past, most recently in 1994. United States, those who want to serve will Not good enough: Williams first demanded volunteer. It may not be possible to entice, 100 percent certainty, so evacuations from let us say, McGill and Waterloo grads to the rigs were planned along with demands volunteer; Chinese and Islamic Canadians for U.S. government compensation for lost may not have the slightest interest in military production. Eventually the illogic of his almost service. Thus the suggestion by former CDS hysterical position appeared to dawn on Rick Hillier in 2005 that “we want to reflect the Williams—that and the unlikelihood that the oil face of Canada” was pious platitude rather companies would ever recoup the millions in than practical policy. If, of the then 61,534 losses they hypothesized overcame their “sky regular forces and 22,280 reservists only is falling” Chicken Little-ism. One wonders what 3.5 percent identified themselves as visible happened to all those intrepid Canadians of minorities (versus 13 percent in the overall bygone days who went forth to hunt whales in population), it is a matter of personal choice, kayaks, trekked to the North Pole, or went “over and Canadians should proclaim and champion the top” in World War I to assault Vimy Ridge. the consequences of choice.

A Socially Sensitive Service Nor is it always obvious that combat effectiveness is the primary objective of the All armed forces reflect their societies. If a Canadian Armed Forces. With the end of society is harsh and dictatorial, one will not the Afghanistan combat commitment, the find humanitarians responsible for training and prospect of “in harm’s way” combat recedes discipline. Russian military training for new ever further into the backdrop of the possible enlisted men is still characterized by beatings and the armed forces have become just and ritualized harassment. Historically, another ground for social experimentation. discipline has been brutal and brutally Consequently, military regulations make it a enforced on “the scum of the earth,” reflecting hate crime to harass a homosexual in the CF, Wellington’s reported dictum that he was not and women are accorded the opportunity sure whether British forces frightened the to participate in the combat arms (infantry, French, but they certainly frightened him. armor, artillery) of the Army and (regardless of the lack of space and privacy) in submarine Throughout “western” societies, the crews. There has been no comprehensive emphasis has increasingly been that the

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assessment of how these developments defense minister is rarely a politically will stand combat stress—but then again, powerful figure. The defense ministry is such an assessment may never have to not regarded as a stepping stone to party be undertaken. Indeed, the 2006 death of leadership or the position of prime minister. Captain Nichola Goddard, the first woman As noted earlier, there has been only one to die in combat, was played as a national Canadian prime minister who has served in tragedy—while media comment on the suicide that role, and historically there’s a dearth of of another female officer was as rapidly buried Canadian politicians who have served in both as the officer herself. Canadians refuse to military and political leadership roles. That accept the reality that if you send people in circumstance is a stark contrast to many harm’s way (even nice young women such as other parliamentary governments that have Captain Goddard), they may be harmed. judged that the expertise to govern is well demonstrated through service in portfolios Budgeting for Defense such as defense or foreign affairs. Indeed, and Security the one Canadian prime minister who served as defense minister was Kim Campbell; she held the post for only five months, more as a If 9/11 was a kick in the groin for the United “box checking” exercise to demonstrate that a States regarding defense and security, it was woman could be defense minister. Her results also at least a nudge in the side for Canada. as prime minister would not recommend In response, there was some impetus for the defense portfolio to those seeking the security spending, both under the Liberals training track for political leadership—and as well as the Conservatives. But there were, no woman has followed her in the last 20 of course, special Canadian perspectives years. For others also, defense appeared to involved. be a fast track to oblivion. In a depressing illustration of Canadian disinterest in continuity The Military as a Special Interest or expertise in the defense portfolio, defense Pleader ministers were defeated even when Liberals were elsewhere victorious: lost in Remorselessly over the decades, defense the 1997 election and in the 2004 budgets and the requirements of the Department election. Another, , distinguished of National Defense have become just one of himself by providing a research contract to a many players in the Canadian social safety net minimally qualified former mistress. And still system. Since there is no popular demand and another, John McCallum, though a brilliant a feeble national constituency for defense, it is economist, repeatedly demonstrated his not a sustained priority; hence, the DND stands ignorance of defense issues inter alia by in line along with Fisheries, Infrastructure, Health, being unaware of Canadian World War II Aboriginal Affairs, and every other interest group action at Dieppe and confusing Vimy with in the federal system. It appears impossible for a Vichy. Even a presumably adroit choice by Canadian defense minister to argue that the first the Harper government, retired Brigadier requirement of a welfare state is the defense and General Gordon O’Connor, encountered security of its citizens. charges of conflict of interest regarding his Partly as a consequence, the Canadian previous lobbyist career, which combined

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with getting at cross purposes with then CDS The 2005 Defense Budget General Rick Hillier, quickly ousted him from the DND to progressively lesser cabinet roles. Nevertheless, there were new billions for The recent (until July 2013) defense minister, defense announced and projected in the Peter MacKay, avoided fatal missteps despite February 2005 budget. Unfortunately, from no previous military-related experience; he its inception, the $12.8 billion looked like projected pleasure at being with the “boys,” a “more hat than cattle” exercise; it was a avoided food-fights with senior military officers sop to Cerberus rather than a commitment or DND senior bureaucrats, and flailed through to serious military rebuilding. Funding was the imbroglio over the F-35 purchase. Defense back-loaded over the five-year program and, was also a safe place for Prime Minister according to analysis, $10.2 billion of the Harper to park a former political rival. Rob $12.8 would not have arrived until 2008-10. Nicholson, who replaced MacKay, continues It was a sanguine soul, indeed, who would the standard of knowing nothing about have bet on the armed forces seeing any defense or security, having switched with significant percentage of that amount, given MacKay as justice minister. its dependence on continued economic good times and a Liberal re-election. Moreover, The Liberals’ Foreign Affairs Policy during the first two years of the projected Statement program, there was no new money for significant combat equipment. Nothing, for In April 2005, after years of consultation, example, for upgrading long-distance cargo redrafting, and (yes) “dithering,” the laboring aircraft. Additionally, the CF-18s were to be Liberal government Canadian foreign affairs reduced in numbers and retooled, but there establishment produced—a something. was no commitment to follow on aircraft. The 1994 “White Paper” was recognized as inadequate virtually as soon as written; The 2006 “Canada First” Defense indeed, senior Liberal staffers suggested Budget that long before Prime Minister Paul Martin assumed office, a new policy statement The Conservative government came to office was in preparation. It would have needed to with a historically and philosophically stronger be luminescent in its brilliance to justify the implicit commitment to national security. long delay, but instead it was pedestrian. This greater seriousness was reflected in the So far as the armed forces were concerned, budget. If at the beginning of 2001 the CF it repeated verities and platitudes about were approaching the last gurgle going down cooperation with the United States, NATO, the drain 10 years later, there was a modest and the UN. However, a major aspect of the but real revival—although arguably tenuous. policy statement was that it would require Since 2006, the government has initiated consultation and review. Instead, it was caught a major re-equipment effort to rebuild the up in the rush to the June 2005 election and Canadian Forces after the serious defense attracted barely a day of media coverage and cuts of the 1990s (termed a “decade of columnist commentary. darkness” by former CDS General Rick Hillier). This program involved the acquisition of specific equipment (main battle tanks, artillery,

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unmanned air vehicles, and other systems) which the government committed in 2010. to support the mission in Afghanistan. It also Every element of the purchase has been encompassed initiatives to renew certain attacked: sole (U.S.) sourcing; real costs over so-called “core capabilities” (such as the Air its lifetime; whether the plane was appropriate Force’s medium-range transport fleet of C-130 for Canadian needs; whether the zombie- aircraft and the Army’s truck and armored equivalent Avro Arrow should be brought back vehicle fleets). In addition, new capabilities from the dead. The purchase became one (e.g., C-17 Globemaster strategic transport element of the Liberal Party’s 2011 election aircraft and CH-47 heavy-lift helicopters) have mantra that the Conservatives wanted to been acquired for the Canadian Forces. spend on “jets and jails” but not on social needs. The Tory victory in the 2011 election • The program of capability renewal over the put paid to the prospect of immediately next 20 years aimed to: canceling the F-35 buy (a Liberal campaign promise); however, the ongoing anguish • increase the number of military personnel to regarding full-life funding and the decision to 70,000 Regular Forces and 30,000 Reserve refer the issue to a from-the-ground-up review Forces; committee demonstrates the absence of a • replace the Navy’s current support ships general Canadian defense consensus. with more capable vessels; Moreover, facing the political imperative • build 15 warships to replace existing to balance the budget prior to the next destroyers and frigates; scheduled election in 2015, the government must eliminate several billion dollars of • acquire new Arctic and offshore patrol expenditures. All federal ministries will suffer; vessels; replace the current maritime patrol however, with the de facto elimination of the aircraft with 10 to 12 new patrol aircraft; Afghan combat spending imperative, the DND budget is clearly in the cross-hairs. • order 65 next-generation F-35 fighter aircraft Information as of August 2011 on the “Report to replace the current fleet of CF-18 fighters; on Transformation 2011” conducted by retired • strengthen readiness and operational former Army commander Lieutenant-General capabilities; , identified major reductions in reservists, civilian employees, and other • and, improve and modernize defense areas still to be identified. The projection by infrastructure. observers suggests the DND budget must absorb $1 billion in reductions. But these figures are the equivalent of pie-in- the-sky projections. Getting real hardware with And some capabilities, such as Canadian real bodies to employ it will be quite another submarines, go virtually unmentioned. For question, especially with projected Great example, as noted above, following the 2005 Recession spending reductions to bring the accident that cost the life of one submariner, budget into balance. the four-vessel fleet was dry-docked for an extended period, and six years later its Illustrative of the difficulties has been the operational status was questionable with only intense controversy over F-35 purchases to

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one vessel (Corner Brook) operational. again be the “Royal” Canadian Navy and Air Force, is akin to lip sticking a beaver; nobody In Spring 2010, there was a bit of a Chinese in the current forces has served under the fire drill as the head of the Navy announced historic designation of “Royal”—and it costs ostensibly budget-driven force reductions money to do the relabeling. Armed forces consisting of mothballing half of the Navy’s derive their pride from military success, coastal defense vessels and reducing clear missions, leadership excellence, upgrades and operations of other vessels, unit coherence, and reliable and modern including frigates. Supposedly, this plan was equipment; what the label on the CF package to permit concentration on other work, inter reads is of tertiary import at most. alia, the virtually invisible submarine force that had gone totally unmentioned in most of the The Essential Canadian laudatory speeches surrounding the Navy’s 100th birthday celebration. Indeed, a cynic Defense Conundrum: The would see the Navy’s action as a pre-emptive Power of the United States strike akin to apocryphal U.S. budget-cutting proposals to close the Washington Monument The integers of the Canadian security equation or Lincoln Memorial to “save money” or are simple. Canada can afford what would be ending White House tourist visits to punish the an inadequate defense commitment for other U.S. public for the congressional “sequester.” countries in other geographic areas because it The reaction was predictable: a “Hell no!” from assumes that the United States will defend it. most corners of the Canadian politico-military spectrum and a hasty, we-need-to-review- In more elaborate form, Canadians have further type reaction from then CDS General concluded that no level of defense would . But the essential point of suffice to deter or defeat an aggressive this kerfuffle was that all services are flailing United States. Likewise, any threat to Canada to put the reductions monkey on the backs sufficient to pose a challenge to its territorial of other services and preserve their force integrity would also be a threat to the United structure and modernization program. States—and the United States would be forced (in its own self-interest) also to defend The bottom line in 2012 (before the 2013 Canada. Thus Canada can be inadequately budget announcements) ranked Canada defended at great expense or inadequately 14th worldwide in terms of total defense defended at nominal expense. It does not take expenditures of $22 billion (1.3 percent much actuarial logic to conclude that the latter of GNP and 1.3 percent of world defense is more efficient. This approach may not be spending); 67th in terms of the total size of its particularly heroic or even “fair”—but it is cost armed forces (including reserves); and 54th effective. And there are many, many other calls worldwide in terms of active duty personnel. from the Canadian population for services and There is no expectation that these figures will expenditure that can be addressed (albeit not endure, even with an ostensibly friendly and satisfied) from monies not spent on defense. supportive Conservative government. It may well be that no society can afford both a twenty-first century defense and security And the August 2011 renaming of certain establishment and a comprehensive social Canadian Armed Forces services to once

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safety net with national health care system— unique capability: a number of highly effective and the United States may be on the verge of light infantry battalions that are well trained, proving this hypothesis. For its part, Canada is equipped, combat-experienced, and intimately an experiment in how long a country can rely familiar with U.S. military doctrine and upon another for its defense and still retain practice. It was partly in appreciation of this territorial integrity and political independence. new Canadian competence that a Canadian was accorded command of the NATO aerial During much of the Cold War, Canada lived “protection” action against Libya in 2011. up to NATO basic responsibilities to the extent Unfortunately, the Canadian infantry battalions that it provided token force commitments to cannot be freeze-dried and shrink-wrapped alliance defense, albeit far below its potential. until needed; they must continue training and Even that level of effort has now ceased. operational readiness exercises to maintain The regular reports comparing the Canadian their capabilities. But one can be skeptical to percentage of GNP contributed to defense the point of cynicism that such attention will as slightly above Iceland have seemed to be devoted to them. amuse rather than embarrass Canadians. The presence of a Canadian as chairman What remains is a Canadian responsibility of the NATO Military Committee (General to demonstrate that no threat internal to Raymond Henault, 2005-08) was less a Canada becomes a threat to the United tribute to Canada’s military contribution than States. Threats external to the North American attributed to the reported irritation by other perimeter can be relegated to the United NATO members that the alternative candidate States. But Canada must act to assure that (a Dane) had supported U.S.-Coalition action homegrown or imported terrorists cannot use in Iraq. the country as a safe haven in preparation for attacking the United States. The classic Thus while there can be a budgetary surge illustration in this regard, of course as noted for defense spending designed to support earlier, is Ahmed Ressam, “the Millennium Canadian Forces in Afghanistan (and alleviate Bomber,” whose 1999 effort to blow up the some of the embarrassment associated with Los Angeles International Airport was aborted early equipment failures and the need to by an alert U.S. immigration official at the depend on the United States for more than border who detected explosives in Ressam’s occasional logistical support), it was a “one- automobile. Subsequently, there have not off” commitment. With the end of CF combat been comparably dramatic circumstances commitment in mid-2011, the government with the “Toronto 16,” largely dismissed as immediately projected budget cuts extending a gang that couldn’t shoot straight, and the rationale that balancing the budget to the prospective April 2013 VIA Rail aborted counter the Great Recession was a national terrorism event, ignored as entrapment imperative presumably greater than military almost immediately. Nevertheless, the modernization. murderous was highly hostile to the United States. For U.S. citizens, the These projected reductions will eliminate in effort expended by the Canadian media over short order the limited, but real, improvement the circumstances of Omar Khadr, held at in Canadian Forces capabilities. The Gitmo for killing a U.S. medic in Afghanistan, Afghanistan incursion created a relatively

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are bitterly amusing, given Canadian absence the Ogdensburg Agreement, which was the of empathy for the dead medic’s wife and result of an August 1940 meeting between family. Sending him back to a Canadian “club Canadian Prime Minister Mackenzie King fed” prison in September 2012 would qualify and U.S. President Franklin Roosevelt. as “good riddance to bad rubbish” if it did However, both feared that England was in not promise, upon his release, to provide extremis under Nazi attack and new defense Canadians with more arguments over the evil arrangements would be vital. The agreement of (U.S.) military action. inaugurated closer Canadian-American military cooperation and established the If they want to lie awake at night, U.S. security Permanent Joint Board on Defense (PJBD), officials can wonder over the whereabouts which became the senior advisory body on of the reported 41,000 illegal immigrants continental security. The main purpose of the into Canada who were issued deportation group continues to be providing policy-level orders as of 2008 (up from 36,000 in 2003), consultation on bilateral defense matters. but have disappeared. Where are they and Periodically the board conducts studies and what are their intentions? Can anyone blithely reports to the governments of the United assume that they simply seek economic self- States and Canada. betterment? Likewise, the repeated reports by the former auditor general regarding Currently, the board consists of Canadian and the insecurity of Canadian passports and American military and civilian representatives, the weaknesses of Canadian security at with small groups in each capital to support its every level leave those south-of-the-border activities. It is co-chaired by a Canadian and observers with gritted teeth. It is not that an American, meets semi-annually, alternating the United States lacks security failures on between each country and military services, multiple levels. But the United States cannot and is composed of diplomatic and military be forced to address remedial failures in representatives. Its meetings have served as Canada as well as within its own territory. a window on Canada-U.S. defense relations for more than seven decades during which Canada and U.S. Politico- time the board has assisted in coordinating military Structures bilateral military relations.

The United States and Canada have an The PJBD has examined virtually every intense and detailed political and military important joint defense measure undertaken relationship extending for more than 70 years. since the end of World War II, including Following are some of the elements of that construction of the Distant Early Warning relationship. radars, the creation of the North American Air Defense Agreement (NORAD) in 1958, Ogdensburg Agreement and the PJBD the binational operation of the underwater acoustic surveillance system and high- During World War II, essentially the UK passed frequency direction finding network, and the the baton for the defense of Canada to the decision to proceed with the North American United States—and reportedly somewhat Air Defense Modernization program in 1985. miffed British Prime Minister in the process. This move was epitomized by Nevertheless, one must recognize that

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the PJBD no longer carries the weight it Europe by 1991—cashing the peace dividend. once did; indeed, it verges on the pathetic. Had Canada not participated in the NATO The first U.S. chairman was Fiorello H. effort in Afghanistan starting in 2001, there LaGuardia, then mayor of New York City and could have been a serious argument that the a significant national political figure. In mid- Alliance was no longer relevant for Ottawa— 2011, almost three years into the Obama complementing the Alliance observation that administration, there still was no permanent Canada contributed little at Brussels. As it U.S. chairman, and it was not until the first is, Canada spurned the NATO Secretary- PJBD session in 2012 that a U.S. chairman General’s 2009 request to extend its military appeared. Moreover, without characterizing the role in Afghanistan; its continued presence credentials of the current incumbent, previous for training Afghan security and police is recent U.S. chairmen have been decidedly useful albeit marginal. Nevertheless, even this secondary figures—a characteristic matched level of performance provided Ottawa with by Canada. Neither capital has pushed some “corridor cred” at NATO headquarters for “A”-level representatives as chairman reflected in a Canadian being accorded and, certainly in the U.S. case, the delay in command of the 2011 NATO “no fly” exercise appointing a chairman was risible to the point over Libya. Nevertheless, today, Canadian of insult. Essentially, the PJBD continues interest in and concern for European defense more as a totem of the ongoing politico- is peripheral, and Canadian commitment military relationship than a vital component to future “coalitions of the willing” will be of it; eliminating the organization would be contingent upon prior UN authorization. interpreted as a negative bilateral “signal” Indeed, even continued NATO membership is rather than just the rational termination of an somewhat in question as Canadian authorities antiquated bureaucratic artifact. So the sides bristle at NATO urgings for military upgrades continue to grope for semi-meaningful projects while Ottawa sees no prospect of a revanchist and studies to occupy the board. Russia roiling European waters.

NATO Defense Industrial Cooperation

Canada has been a NATO member since A sometimes forgotten element of bilateral the creation of the Alliance, joining the civil-military relations is defense industrial United States more as an illustration of North cooperation. Just as U.S.-Canadian industrial American solidarity than in a real belief that cooperation is closely integrated, e.g., auto its military contribution to NATO would be manufacture, so also is defense production. determinative. Nevertheless, during the Canadian firms can bid on U.S. military height of the Cold War, it fielded a well- contracts and vice versa. A significant portion regarded combat brigade in Germany (the of the Canadian military equipment inventory author visited it during the annual “Reforger” is U.S.-built. NATO maneuvers in the late 1970s) as well as an air squadron, but Canada’s military A problem in recent years has been the U.S. contributions never matched what its GNP requirement that workers in certain projects potential indicated. Reflecting this minimalism, pass security clearances, even if not directly all Canadian combat forces were out of engaged in production. This requirement generated privacy concerns for Canada,

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and has limited some of its defense contract attacks in the United States both tested and opportunities. The other side of the ledger strengthened military cooperation between is Canadian reluctance to buy off-the-shelf the United States and Canada. The NORAD military equipment (particularly naval craft) if Agreement that entered into force on May 12, there is any conceivable possibility that they 2006, added a maritime domain awareness can be Canada-built (regardless of excessive component and is of “indefinite duration,” costs in the process). Even the most serious albeit subject to periodic review. The military needs (replacements for ancient Sky “indefinite” nature of the agreement ended King helicopters, rusted out naval vessels, the political reindeer games over renewal that a supply vessel) are indefinitely delayed for Ottawa tended to play when unhappy with essentially political reasons. The decision to other aspects of the bilateral relationship. purchase U.S. F-35s has generated storms Ottawa “sent messages” with the length of the of still continuing protest and criticism NORAD Treaty renewal; it exercised “leverage” from opposition parties, forcing detailed with picky-point revisions of treaty language. reconsideration of parameters for a follow-on This tiresome silliness reflected the reality that fighter, despite the financial offset benefits Canadians were willing to sacrifice NORAD of Canadian participation in the global F-35 effectiveness for a little politicized shin-kicking. production effort. This attitude prompts the impression that Canada regards its armed But the problem is more basic: NORAD is forces as a jobs program or a political football also less a vital element of bilateral defense rather than vital for national security and and security arrangements than an artifact of international relations. that relationship. Thus the famous Colorado mountain fastness housing NORAD against NORAD nuclear attack has been mothballed with operations relegated to presumably more As the most obvious illustration of bilateral efficient but less dramatic nearby facilities. military cooperation, U.S. and Canadian military forces have cooperated since 1958 on Although serious people do serious work at continental air defense within the framework NORAD with the objective of securing North of the North American Aerospace Defense America against a wide variety of threats from Command (NORAD). One can argue that states rogue and regular to airborne terrorists, the Canadians made a virtue of a necessity; in Ottawa the issues are political rather than the United States was going to defend itself security. Instead of having been able to use against any Soviet bomber attack over the impetus of a (never taken) no-cost-to- Canadian air space with or without Canadian Canada missile defense participation decision agreement. NORAD has given Ottawa a voice to modernize the NORAD agreement, the in the process. sides struggled to redraw their line-and-block organization charts to see just how Canada Administratively, NORAD is a joint command fits and what “need to know” restrictions will with a U.S. commander and a Canadian limit the participation of Canadian personnel. deputy. Agreement by national capitals The military reality is that technological is required for the appointment of the advances permit the United States to manage commander and the deputy. The military continental defense without Canadian response to the September 11, 2001, terrorist

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participation; NORAD is nice-to-have rather A country defended on three sides by fish and than vital. Indeed, one U.S. senior military with a benign neighbor on the fourth. officer at NORAD reportedly said that, on balance, Canada was just about paying the In conclusion, Canada—following its 1759 annual phone bill. Perhaps NORAD’s most absorption into the British Empire—has lasting responsibility will be tracking Santa passed a remarkably unthreatened 250 years. Claus on Christmas Eve. Some Canadian nationalists like to recall U.S. cross-border assaults during the Revolutionary A Summing Up War and the War of 1812. But while, indeed, U.S. military forces moved north of the border, they were not attacking “Canada.” Rather they Canadians say that the world needs more were attacking England, but it was easier to Canada. To be sure, the globe can certainly march to Montreal, Quebec City, and Toronto absorb a substantial number of additional than to London. states that are wealthy, technologically advanced, and unthreatening—saying Perhaps the maxim for Canadians remains “please” and “thank you” in foreign affairs. that basic rule of politico-military diplomacy: make your neighbors into your friends—and Indeed, fortunate Canada. keep your enemies far away.

160 ALTERNATIVE NORTH AMERICAS 9 SCENARIOS FOR A RE-ORGANIZED CANADIAN FORCE

anadian Forces may not be the Scenarios for the Canadian Cbest small army in the world as Forces some cheerleaders have trumpeted post- Afghanistan (the Israel Defense Forces, for Given the reality that Canadian Forces probably one, would beg to differ), but it is now better will not exist in a militarily significant capacity than it will be as Great Recession budgets within the foreseeable future, what manner play out. of military force should a foreign or American In mid-2011, a longtime Canadian political- observer contemplate for Canada? And by military official privately observed that Canada “militarily significant,” one means a personnel must decide what kind of military it wants and and equipment structure that would encompass what it wants to pay. It simply is not possible a force on the level of that existing prior to to maintain a scaled-down version of the U.S. the end of the Cold War: at least one modern armed forces. combat brigade (not the now apparently forgotten “peacekeeping” brigade highlighted That conclusion is and will be the maypole in the 2004 Liberal election rhetoric). Such a around which the Canadian Armed Forces unit would have a full assortment of modern, dance. (Recently renamed, both the high technology equipment to include armor, abbreviations “CAF” and “CF” continue to be artillery, and helicopter support with air transport used interchangeably.) But the CAF future to move that brigade quickly any place in the appears grim. world. The CF would then incorporate a “blue water” navy including submarines; an air force with modern fighter aircraft (F-35s, for example); and an extensive, well-trained and equipped reserve force.

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But, as suggested in the previous chapter, policy), mothballing, or sale and become such a force is as unlikely as palm trees on essentially a “brown water” fleet. There the streets of Yellowknife. What then are the certainly would be no submarines or resupply options? ships, and its vessels would concentrate on coast guard rescue, fishery protection, Over the past several years, there have been and anti-smuggling. High performance jet studies by the stack from trained professional aircraft would be eliminated; a certain number experts and qualified military analysts. The of transport aircraft could be retained but proposals have come from all directions in dedicated more for emergency domestic the . Many of them can be movement than for foreign deployment characterized as “viewing with alarm” and (for example, the newly purchased C-17s offering particularistic solutions for Canadian can always be rented to countries with defense and security. They include generic emergency need for heavy lift). Helicopters options that can be summarized as follows would concentrate on air and sea rescue, without the descriptions or labels necessarily and there would be no requirement for attributable to any particular source: combined arms interoperability between the air force and navy. The army would probably No Canadian Military retain one “traditional” anglophone and one francophone unit, say the Princess Patricia’s This position, by and large, comes from Canadian Light Infantry (PPCLI) and the Royal the left of the political spectrum. It has 22e Régiment “vingt-deux” (also known as longstanding Canadian pacifist roots (for the “Van Doos”), as well as the secret, highly example, Desmond Morton) and a persistent trained, special antiterrorism Joint Task Force semi-legitimacy starting with Canada 2000 2 (the U.S. Delta Force equivalent). A military presented immediately after the 1993 reserve force would be nominal; it would Liberal election (Janice Stein and others). It devolve into pre-war “social” militia units is the bête noir of those for whom a strong scattered throughout the country for those Canadian military is a baseline for being antediluvian males who want to “play soldier” Canadian. To be fair, the proponents of this and wear “dress uniform” for equally irrelevant position do not propose the total elimination holidays such as the Queen’s Birthday or of the Canadian Forces and every individual “Dominion Day.” wearing a military uniform. They are not proposing a Canadian Armed Forces along A substantial benefit would be the reduction the lines of forces in Iceland, , and in defense expenditures, perhaps in absolute Panama, which are all but totally disarmed. terms as well as in the relative percentage of They would simply create circumstances the federal budget. Canada would de facto where the Canadian Forces would be become a northern Costa Rica or a western incapable of any activity outside of light Iceland in real military capability. Nothing peacekeeping and street cleaning following would be expected of the Canadian Forces, heavy snowfalls in Toronto. and hence nothing would be asked. As an ancillary benefit, such a repositioning of the Under this scenario, the Canadian Forces CF would resolve the issue of the degree to would eliminate most of its navy either by which Canada should participate in “peace attrition (just continue the current “rust out”

162 ALTERNATIVE NORTH AMERICAS Scenarios for a Re-Organized Canadian Force

enforcement” exercises—the country simply Force would continue its close cooperation could not do so. with the U.S. Air Force through NORAD. The Army would emphasize force coordination The negative side poses a national character with U.S. army units, assuring inter alia an and international image issue question. To alert presence in the Arctic. There would be what degree can a country contract out its no need for new fighter aircraft or armored national security and defense to another while forces. CF-18s could be life-extended to remaining fully sovereign and independent? match the 50-year-old Sea King helicopters. How do the citizens of Panama and Costa Well-trained light infantry units capable of Rica feel about their implicit dependence on rapid deployment and internal security would the United States for national security? (It has be the primary Canadian Forces combat been a Don’t Ask, Don’t Tell question for these requirement. The residue of the extended countries.) Nevertheless, it has always been Afghanistan experience has generated puzzling to Americans that those Canadians significant numbers of trained, combat-tested, most hostile to the United States are those light infantry—a category of personnel always who are the most eager to reduce defense in short supply, which conceivably could be capabilities—and thus put Canada even more available for UN-authorized peacekeeping deeply in implicit thrall to the United States for operations (with compensation from UN its security and posit Canadian existence on coffers on a “ a battalion” basis). the continuation of a benign United States. The argument in favor of this approach is North American Perimeter that the United States and NATO do not need major Canadian naval, air, or infantry Perhaps one step above “no military” would units in their military planning. They don’t be a Canadian force that focused solely plan for any such forces now—primarily on the North American perimeter, in close because none exists beyond tokenism. conjunction with the United States and Any alliance-related threat within Europe reflecting the original objectives of the PJBD would either be an immediate challenge and and the 1940 Plattsburg agreement. Canada have to be addressed by forces in being or would eliminate its force projection plans; take so long to develop (a slowly cooling there would be no “blue water” navy and no Cold War II) that it would be acceptable for concern for long haul or heavy aircraft lift. Canadian participation in European defense If Canada were to participate in exercises to take years before it could provide a useful such as tsunami relief or peacekeeping, it contribution for NATO defense. would hitch a ride with U.S. military forces or rent cargo planes or ships as available. Under this logic, what the United States Alternatively, the recently purchased C-17s would desire from Canada primarily is its and C-130s (if not sold) could be retained help in securing borders with key attention and rented as emergency heavy lift in the to antiterrorism; this defense option would manner that the Russians have done with their perform that requirement at low cost. Antonov and Ilyushin heavy cargo aircraft. The approach may be making a virtue of necessity. Regardless of the 2006 “Canada The Canadian Air Force and Army would First” budget projections, given the Great concentrate on internal security. The Air

163 ALTERNATIVE NORTH AMERICAS Scenarios for a Re-Organized Canadian Force

Recession-induced budget cuts, it may be all directly associated with the Cold War and the Canada Forces will be able to accomplish now is antique. If global politics required when funding actually arrives. Indeed, the a balance of Eastern and Western forces, general conclusion is that the end of the Canadians were the least objectionable Afghan excursion will leave the Canadian NATO (or Western) force in Moscow’s eyes. army so exhausted that it will need some time That political point, coupled with residual (of undefined duration) before a significant military competence by Canada’s professional combat force can be regenerated. Such an military, made them effective peacekeepers. approach would also have the added virtue For at base, an effective peacekeeper is not of making it unnecessary to expend the a policeman in a khaki uniform, let alone an resources to repair or replace the equipment adult Boy Scout, but first and foremost a burned up in Afghanistan action. trained soldier.

The proposal is, of course, also an attempt to During the past several years, Canadian forces get credit for what Canada absolutely must do have still been frequently deployed overseas, in any event, to wit, assure the United States albeit not always as prominently or as that threats will not originate in Canada (or effectively (re: East Timor in 1999) as was the pass through without notice). case in the past. CF have served productively in Haiti in 2004 and 2010 (earthquake relief) The Peacekeeping Paradigm and more prominently in Afghanistan (first in and then in Kandahar) in what must Canadians occasionally leave the impression be depicted as vigorous “peacemaking” as that they invented “peacekeeping.” Indeed, for part of NATO stabilization and pacification decades following the commitment by Prime forces from 2002 forward. The result of these Minister Pearson to assist in the stabilization commitments subsequently was advertised of the Suez Canal, stemming from the British/ as the equivalent of force exhaustion French/Israeli action in 1956, Canadians for the units involved, engendering the were in the forefront of every exercise around strong recommendation that no near-term the world that could be characterized as deployments be made for those infantry or “peacekeeping.” To be sure, this commitment reserve elements most likely to be involved was useful, practical work that saved lives and carrying out the end of Canadian Forces assisted in maintaining peace. And Canada military commitment in Afghanistan from July was in it for the long haul. The classic case of 2011 onward. And indeed Canada has not an extended commitment was the Canadian engaged in significant peacekeeping since the battalion in Cyprus. Stationed along the end of the combat Afghan commitment. As “green line” separating Greek and Turkish of mid-2013, as far as UN deployments were Cypriots from the beginning of intercommunal concerned, Canada had dropped from first conflict in 1964, Canadian forces remained— place in 1993 with close to 5,000 deployed at considerable cost and a “tied down” personnel, to fifty-first with approximately 200 professional unit—until 1993. Canadian military and police operating under UN aegis. Another view, however, is that Canada’s preeminence as a provider of “peacekeepers” Nevertheless, a scenario for the Canadian was unique to a time and circumstance

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Forces that emphasized “peacekeeping” spending. They consider NATO more a would require its own decision structure. nagging nanny for a Europe that no longer Would Ottawa ever act unilaterally in faces threats (or threats Europeans should peacekeeping? Would Canada only participate be able to address without extra-continental in UN-directed or UN-authorized operations? assistance). They are pushing back, telling Would it continue to join NATO or “Coalition NATO planners that addressing Canadian of the Willing” style military efforts? The economic problems are more important than differences are not purely ones of political hypothetical military threats. choice. Were Canada to determine that it will only operate under UN-sanctioned missions, Nevertheless, at this juncture, Canada the requirement for combat proficiency appears to be backing into a force capability declines distinctly. Very few, if any, of the that would limit its actions to the “light anticipated UN-related crises need anything peacekeeping” of UN-authorized action. more than marginal combat skills. Indeed, a It was noteworthy in April 2010 that when couple of proficient combat infantry battalions the UN suggested that Canada supply a could probably have prevented the Rwanda senior Army officer to lead its peacekeepers genocide and stopped the killing (whatever in the Congo, Ottawa smartly declined— one labels the body count) in Darfur—or, for probably viewing it as a camel’s nose effort to that matter, rid the world of the thugocracy engage Canada in a long term “heavy lifting” in . Third World, semi-colonial exercise in a politico-military jungle swamp. military exercises along the lines of those Nevertheless, if Ottawa takes this course, performed by British imperial forces in the which hypothesizes reduced CF capability, it nineteenth century (see Byron Farwell’s Queen should be through conscious decision rather Victoria’s Little Wars) can still be done on than in a fit of absent mindedness. the cheap. Indeed, troops have just so demonstrated in Mali, and A Niche Market Military Western “boots on the ground” rather than As the cost of a twenty-first century military just air cover could have resolved quickly the (and even maintaining a late twentieth-century protracted effort to oust Gaddafi. military force) has risen, various armed forces However, if there is a continued desire to (and particularly those in NATO) have raised commit to NATO or U.S.-led peacekeeping, the possibility of specializing in selected where the participants might get their hands categories of competence rather than “wet,” the Canadian Forces would need to attempting to be cutting edge in every combat retain forces at NATO competency levels, if and noncombat military area. The proposal is not at the full technical quality of U.S. forces. a corollary to the “burden sharing” argument advanced within the NATO alliance during For what it is worth, many CF members view the height of the Cold War, with the United with disdain and despair the prospect of a States arguing that NATO members should return to peacekeeping as one step above make greater contributions in selected areas irrelevance, and would resist it vigorously. identified in an annual “report card” of their But at the same time, DND officials have tired armed forces. Just as all NATO members did of NATO importuning to increase defense not need to develop a nuclear capability if they

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were confident of a U.S. nuclear guaranteed retain the subs? Although after long delays “umbrella,” NATO members might begin to (in mid-2013 one of the four is now fully concentrate and develop special competence operational), they have clearly been fragile in specific areas upon which the entire alliance vessels functioning as “dry dock queens” could then draw. and training vessels. Projected future costs should prompt rethinking of their utility In one small example, the Germans developed balanced against other Navy requirements. a specialized chemical and biological weapons testing vehicle. On a larger scale, • Does Canada need “heavy lift” of the C-17 NATO purchased as an alliance a number or even the upgraded C-130 level? Is it of Airborne Warning and Control System important for Canada to be able to deploy command and control aircraft. And even Disaster Assistance Response Team more the United States has elected to provide quickly than was possible after the 2004 specialized elements for selected missions, tsunami? (In contrast, DART deployments to notably, logistic support, communications, Pakistan in 2005 and Burma in 2008, went intelligence, and “heavy lift” cargo aircraft more smoothly.) Is the increasing difficulty in rather than a full on-the-ground combat securing heavy lift aircraft, e.g., Soviet-era presence. Such was evident during most of Ilyushins, a sufficient stimulus to continue our “lead from behind” 2011 support of action the financial commitment of maintaining a against the government of Muammar Gaddafi C-17 fleet? Or should Canada be content to in Libya. seek contracts for heavy lift (or cooperate with the United States for joint deployments) Thus, if Canadians realistically determine that on an ad hoc basis? they cannot, in any cost effective manner, obtain a full range of military capability, they might ask • Does the Navy need warships at or beyond themselves serious questions such as: its current numbers? The projected costs for destroyer replacement and support vessels • Is an expensive advanced fighter are astronomical. Should it purchase heavy replacement for the CF-18 (of the F-35 transport ship(s)? Should it downscale to Joint Strike Fighter ilk) necessary for focus solely on coastal defense/security the defense of North America against and drop the capability for force projection foreseeable threats? Despite the ostensible into areas such as the Persian Gulf or commitment to purchase the F-35 in antipiracy action off Somalia? Should it end July 2010, repeatedly reemphasized in participation with the U.S. Navy in its current subsequent government statements, it is “Pacific pivot” preoccupation? hardly engraved in stone and now is under comprehensive review. • Does the Army need a modern tank? Despite its apparently successful use of • What do submarines add to Canadian second-hand Leopards in Afghanistan, defense capability? Is their interoperability does the Army need tanks at all or would an with U.S. naval forces and the provision armored gun unit such as the “Stryker” and of training for U.S. conventional sub- reinforced personnel vehicles suffice for the hunters necessary for the bilateral defense operations contemplated by the CF? relationship and sufficient rationale to

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• Should the CF concentrate on high-quality recouped with real operational effectiveness? light infantry battalions for specialized Or is it time to stop throwing good money roles and international missions—that is, after bad? create multiple versions of the PPCLI or the “Van Doos” for rapid deployment to world Nevertheless, one point is essential to problem areas? Its Afghanistan experience remember. Just as Canada no longer has has cycled upwards of 40,000 personnel heavy bombers or an aircraft carrier or through the combat zone (presumably some production capability of “Arrow class” fighter of that number deployed multiple times); this aircraft or perhaps even the design capability is a rather rare potential military asset. Such for future warships following the elimination an option might be less expensive than of the design team for City class patrol purchasing F-35s or maintaining C-17s, but frigates (as noted by military analyst Desmond personnel costs are annual and the training Morton), eliminating particular military and equipment necessary to assure that capabilities would be permanent. these infantry battalions are “world class” would not be cost free. Regrettably, the The Reserves current light infantry cannot be freeze-dried Regardless of the type of defense force that and shrink-wrapped to await a potential is ultimately accepted, Canada will need to requirement in 2020. examine its military reserve structure. • Abstractly, one could make an academic The concept of a “Minuteman” citizen soldier case for any-or all-of these structures may have been a viable defense philosophy for the CF, but a judgment should be in the eighteenth century, but is significantly undertaken as a conscious choice—and in less valid today. At the birth of the United close coordination with the United States. States (and in Canada during the War of Adopting the niche market approach, 1812), the farmer with his musket who knew however, would mean the permanent his neighborhood and local terrain could rally elimination of the military capabilities being with neighbors in a rough-and-ready defense dropped. There is, for example, no way to against an invader. Usually such militia was recover the capability to operate submarines virtually ineffective (a “rabble in arms”), unless once a sub fleet is dismantled. And, indeed, supported by “regular” trained forces, but even supporters of the original purchase of such a defense philosophy fed the political the four Victoria class UK submarines now fantasies of citizens—and had the additional have second thoughts as the effort to retrofit advantage of being cheap. If the Minuteman and upgrade the vessels (let alone convert militia could defend the country, there was no the subs to use existing torpedoes) has need for any beyond the barest numbers of been endlessly frustrating. The combination professional soldiers, who were suspect as of accidents, poor maintenance, extended mercenaries in any event. repair and upgrades has clearly sucked up disproportionate amounts of maintenance As Canada anticipated being defended by funding for minimal operational capability. British forces, the requirement for significant Is there a reasonable chance that the domestic forces was limited. Canadians with “sunk costs” over the past 15 years can be interest in military service were part of the

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British army. To be sure, there were local eventually emerge from the budget reduction? militia units, sometimes with British royal The answer is simply unknown. The Report on patrons (hence the “Princess Patricia’s”) and Transformation 2011, released in September honorary British colonels that persist into the 2011, hypothesized reducing the number of present. But it was and remains hard to take full-time reservists to the baseline of 4,500 such units seriously; they remind one more of and making them part-time workers. Such rugby or soccer clubs than organizations of action is still hanging fire as are most of the military professionals. fiscal-related decisions affecting the Canadian Forces. Although the concept of a defense force that is totally dependent on a citizen militia Assembling a reserve unit that can operate has evaporated, the need for an effective independently or coordinate effectively with a reserve force remains. Again, the basic issue regular force is difficult and time consuming. remains expense. While one may argue The most noteworthy U.S. example is the Gulf about the politico-social utility of giving the War I effort to bring the “round out” brigade citizen a stake in the defense of country, any of the 24th Infantry Division to full combat professional soldier would prefer to have a effectiveness. This unit, based in Georgia fellow professional at his side rather than a near the 24th with which it was supposed to partly trained amateur no matter how eager coordinate and work closely, was called to or motivated. But professionals are expensive active duty at the beginning of the Gulf War and reservists are relatively cheap. At their I crisis following the Iraqi . best, reserves can immediately transfer their The brigade was fully manned with equipment civilian expertise into military needs. Thus comparable to that of the 24th; its leadership an emergency room surgeon can become was motivated. However, it was unable to a battlefield MASH officer. A long distance meet requirements and an independent trucker can operate a 2.5 ton truck. An airline brigade was substituted for it when the 24th pilot can fly a comparable military cargo deployed. Eventually, all of the senior brigade plane. A civilian policeman can work as an officers and battalion commanders were MP. But there really is no civilian equivalent to replaced, but despite repeated training at the the infantry “grunt” whose military role is to National Training Center in Fort Irwin, California, work within a team to kill other people without the brigade was not regarded as combat ready personally dying in the process. when the war was fought and concluded in February 1991. Reserve strength in 2013 was reported at approximately 27,000 “paid primary” reserve Consequently, what Canada has done is forces including 4,600 Canadian rangers repeatedly dip into its reserves for volunteers based in the North, which was the objective or very small units for deployment and for the 2006 Canada First defense plan. Of construct units for “peacekeeping” exercises course this statistic does not address combat that are not standard units, but a pastiche effectiveness, which is a constant problem that has not operated together as a unit. The with reservists (as well as regulars) leaving unit commander can only hope that it will not the force almost as fast as they are recruited be stressed by real combat, wherein the lack and trained. What reserve force strength will of training and coordinated teamwork would

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prove fatal. It was a matter of considerable of the possible—politically, socially, and good fortune, combined with excellent economically. Thus no western democracy commanders and availability of air and artillery is considering the old paradigm of “universal support, that Canadian losses in Afghanistan military service.” Nor would a proposal for a were never catastrophic. During this effort, very substantial CF increase that required a reservists reportedly constituted up to 20 military draft be viewed as other than an “Air percent of the Canadian contingent. Farce” episode in Canada.

Unfortunately too many of Canada’s reservists But every so often an outside observer sees are still youngsters out on a lark and looking proposals that stimulate the question, “Is this to make a few dollars while playing soldier serious?” Such was the case in mid-2003 during the summer. It is not a situation when there was a flurry of military interest comparable to that which has prevailed in the around building Canadian aircraft carriers. The United States, where the service reserves and momentary spate of commentary on carriers the National Guard primarily are drawn from reflected the excellence of Canadian military soldiers who have completed an active duty thought; it was a product of long tradition and obligation. The United States has moved from education at fine military staff schools and reservists who were “a one-night-a-week and war colleges around the world as well as in two weeks in the summer” casual soldiers to a Canada. It reminded one of the intellectual post 9/11 component of the “total army” that effort expended during the Mulroney era is frequently called to active duty. on building a fleet of Canadian nuclear submarines; logical, lucid, and ultimately Thus the addition of a few more bodies—even irrelevant—really irrelevant from inception. a substantial reserve expansion—will not fix Canada’s reserves problem. There are two That is not to say that Canada could not obvious difficulties: (1) a Canadian reservist build, equip, staff, and operate aircraft can refuse to be called up; (2) on the other carriers (plural because political realities side of the ledger, if a reservist does respond would necessitate at least one for each to a call up, his job is not guaranteed by law coast). Canada is a first world, high tech, to be available to him upon his return. Both fiscally viable nation, capable of building of these restrictions must be eliminated for any military or civilian product that it has the Canada to have serious reserves of armed national desire and will to produce. Nuclear forces. weapons, intercontinental ballistic missiles, cruise missiles, stealth aircraft, long-range As a result, the reservists participating in CF bombers, precision guided munitions, and Afghanistan deployments were volunteers heavy armor are all within the capabilities of primarily motivated by pay and benefits. But Canadian industry and technology. Indeed, these observations may be irrelevant with Canada is a nation that could commit itself to projected reductions—not expansions—of put a Canadian on the moon (not as a payload Canadian military reserves. specialist hitching a ride on a U.S. or Russian spacecraft) and do so. Avoid the Risible But that would not be the Canada of 2013. As a subset of military scenario examination, every country has to remain in the realm Let us examine the aircraft carrier trial balloon.

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What would be required for a Canadian carrier, half those strength estimates would presumably let alone a carrier fleet, or any comparable require a massive increase in naval personnel. commitment such as noted above is not a In 2013, Canadian active duty naval strength feasibility study or a design team or a shipyard was 8,500 plus 5,100 reservists (a funded level or any techno-financial combination. What of 4,000 reservists). Reportedly, it was 1,000 would be required is a domestic attitudinal below authorized active duty strength—many of transplant reflecting virtually a 180-degree them in high tech specialties. reversal of current political views. Moreover, much of the technical and IT For example, an aircraft carrier is immensely expertise required to operate a carrier is complicated. It really is the cherry on the in short supply, not just in the military but ice cream soda of naval power. It is the also in the economy. The skills demanded culmination of how a maritime state has of carrier pilots are the highest of any flier; decided to project power at distances there is nothing more dangerous than landing beyond those reached by land-based aircraft. a jet plane on a carrier at night—unless it Unfortunately a carrier by itself is fatally is a nighttime landing in bad weather. And vulnerable. Without a comprehensive escort- those who hypothesize that the landing of screening-anti-sub missile defense group, a vertical takeoff and landing aircraft would be carrier is an instant invitation to send several easier may be daunted by the crash records billion dollars to Davy Jones’ Locker in the of Harrier jets and the testing of Osprey first minutes of serious combat. Thus each helicopters. Eventually the United States carrier requires an associated protective force got it right, but fatalities in the process were of combat and logistical support vessels. All not trivial (and Canadians are preternaturally of this force is designed to permit a rather allergic to any military personnel deaths). small number of aircraft to attack targets that As the last Canadian aircraft carrier was cannot be otherwise attacked. Thus, the first scrapped in 1970, that means that no one question for Ottawa would be, “What would now on active duty has any of experience in we do with an aircraft carrier?” Where would carrier operations. Canada be projecting this power and on behalf of whom? Would it be built to operate It is that kind of free-form thinking that would only in conjunction with the carriers of another convince the average Canadian citizen that nation, such as the United States (and thus the military was into a “toys for boys” fantasy not need the full panoply of combat and land seeking to play real world video games logistic components in a carrier battle group at vast taxpayer expense. Indeed, the carrier since the United States would supply them)? concept was viewed as so ridiculous that when the Conservatives during the 2004 While personnel strength depends on size and election suggested that the defense budget capabilities, a figure of 1,600 (the manning include a major cargo transport with the level of Soviet Kiev-class VTOL carriers) might capability for helicopters to land, the Liberals be a reasonable manpower estimate. Double derided what was a perfectly arguable option that number for a second carrier with perhaps for force deployment logistical support as “blue” and “gold” crews for each carrier so that proposing an “aircraft carrier.” the vessels could be kept at sea longer. Even

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The Budget Imperative Ending programs It may well be that despite its extended history Money is the mother’s milk of everything. of submarine operation and the acquisition Looking at the commitment to bring the in 1998 of four Upholder (now “Victoria”) federal budget into balance before the next class British submarines, Canadians will election, presumably in 2015, Canadian never get the subs to operate as they were observers hypothesize that at least $1 billion envisioned. Indeed, throughout the years, the will be extracted from the military budget. subs have rarely been in full operation—and Although in mid-2013, senior officials frequently most or all of them have been out continued to offer oral service to “Canada of commission. The announcement in April First” commitments (and even expanding 2013 that three would shortly be in service capabilities), such sanguine desires run onto simultaneously is beyond “once in a blue reality rocks. Career professionals skeptically moon” rare—and proved inaccurate. A variety await the reductions hammer to drop. Here of expensive, time-consuming activities are several areas for possible curtailment, (retrofitting torpedo tubes to use Canadian some of which were identified above: torpedoes) have severely limited operational availability. The impression has gradually, Stretching out equipment purchases indeed reluctantly, grown even among initial Such is the standard approach for militaries supporters that the subs may be lemons— across the globe. It is inefficient and ultimately simply not good value regardless of their more expensive, but it saves short-run scarce limited acquisition expense. Should Canada funding in hopes (or prayers) that later funding deep six (so to speak) its submarine program will be more readily available. Canadians may and get out of the business? be looking at the ambitious projected naval acquisitions (frigate replacement, support Reducing personnel ships, icebreaker) as bridges too far for the Instinctively, one might think that equipment current budget. is expensive but soldiers are cheap. Such judgment might have been the case when

Cancelling equipment purchases draftee conscript armies could be paid a Again the gimlet eye of accountants will pittance and simply dismissed to return be focused on the wide array of projected to civilian life at the end of their service. equipment purchases. Is a new main battle All-volunteer military forces, however, are tank a good fit with light infantry if it is not expensive. Recruiting personnel for 20- to expecting to encounter improvised explosive 30-year careers competes with civilian devices? A major rocket launcher system? professions (without the deterrent of A light assault vehicle? An icebreaker? What “unlimited liability” endangering their lives). equipment purchase (re)balance is necessary So the armed forces must budget not just for between CF military services when the Army present day salaries, but also for the amenities received the bulk of upgrade funding during required to maintain soldiers’ families and its Afghanistan decade? pensions following retirement. As returning to conscription is beyond imagination, Canada

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must continue to balance its reserve force funds the previous year). It remains an (and currently there are approximately 11,000 inexplicable circumstance. Although there are full time reservists) with active duty personnel explanations, there are no excuses for failing at approximately 68,000. One can easily to spend appropriated funds. The impeccable expect draw downs in what is already a small logic from budgeters is that “If they didn’t force compared with Canada’s population of spend it, they don’t need it.” over 34 million. Where Is Our Bilateral The F-35 Fighter Defense Relationship Headed? From one optic, the F-35 is a standard, next-generation replacement for aging F-18s Prior to the Canadian commitment in that are running out of lifetime for their Afghanistan (examined below), there was a airframes. Such is a normal albeit expensive steady decline in the Canada-U.S. defense development in twenty-first century armed relationship. Although the forms persisted forces and usually directed by military and the organizations met and coordinated, requirements. Thus, for most professionals, the real world commitments were increasingly F-35 acquisition is the ticket for participation hollow. Canadian refusal to join the in high-tech aircraft operations for the twenty- “Coalition” in action against Iraq was termed first century, as stealth capability will be a “disappointment” by the United States. necessary for combined operation with other Canada’s refusal to participate (without cost) NATO members. Cost figures remain dodgy, in defense of North America against ballistic however, and despite the government’s May missile attack was regarded as “puzzling.” 2011 election victory implicitly dismissing Each of these descriptions served as polite Opposition clamor against “jets and jails,” a euphemisms for a reality that had distinctly reduced if not eliminated F-35 force could damaged the bilateral security relationship. be a budget consequence. The cost issue is not inconsequential; it is a rare construction At that juncture, an analyst reached a point program or acquisition that comes in at where he stopped recalling when things budget and on time. Assuming the Canadian were worse and just hoped things would commitment to the F-35 continues, one not deteriorate further. And it isn’t as if the can be sure that the Opposition will make “best friends, like it or not” description of our another run at F-35 costs during the next relationship had not in the past emphasized election and belabor the program throughout the “not.” the intervening years. The forced review of Historically, from all appearances, Trudeau Canadian requirements, driven by costs and and Nixon sincerely loathed each other confused government explanations, may (indeed, no U.S. president seemed to garner ultimately re-endorse the F-35 purchase, but any respect from Trudeau, and he appears will not end the debate. to have been repugnant and irrelevant to his The challenge for resisting defense budget U.S. counterparts). John F. Kennedy and cuts is that CF returned $1.5 billion in Diefenbaker shared vituperative assessments unspent funds in 2010 (and also returned of each other. Lyndon B. Johnson virtually strangled Pearson over his critical Vietnam

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speech. Prime Minister Chrétien seemed to The Afghanistan Anomaly have a special predilection for disrespecting U.S. presidents; we regarded him as too trivial Canada’s almost decade long combat to be worthy of public rejoinder—he was commitment to Afghanistan was an virtually beneath contempt. At least President aberration; ultimately it may be characterized Bush and Prime Minister Martin avoided public as a “dead cat bounce” or the final galvanic polemics. By mid-2013, presidential-prime twitch of a dying establishment. Nevertheless, ministerial relations were congenial, albeit it was a real—and valued—contribution to not intimate, but President Obama had yet to coalition forces. Canadian participation as make the traditional state visit with an address part of the NATO force in Afghanistan began to Parliament. virtually with the beginning of the international effort to remove the Taliban government From 1939 until 1989, the United States and rebuild a viable country and persisted and Canada largely shared a common for most of a decade before ending in July threat perception. First fascism and then 2011 when it morphed into a training mode needed to be countered. One for Afghan military and security forces. But could debate when, where, and how, but the during its Afghan combat presence: 40 Joint need for reasonably coordinated effort against Task Force Two (Delta Force equivalents) these challenges was accepted. As noted personnel went in December 2001 and regular earlier, during World War II, Canada put one forces arrived in early 2002 and executed million of its citizens into uniform and built an combat missions in the south. From 2003- armed force that stood fourth in the world in 05, Canadian Forces were stationed in and combat power on land, sea, and in the air. around Kabul—essentially for local security Canada indeed “punched above its weight.” and rebuilding, with CF levels doubling to It was all downhill from there until post-2001 1,200 by end 2005. In early 2006, Canadian and the Afghanistan commitment; only a Forces transferred to Kandahar—a much badly misguided Canadian could think that in tougher mission; subsequently, a rotating politico-military terms Canada was anywhere battle group of approximately 2,000 was near its previous “weight.” Nevertheless, until deployed continually. In mid-2011, there were the end of the Cold War, the United States more than 2,500 Canadian Forces deployed could be confident that Canada would at in the entire country—one of the highest force least devote some serious effort to defense numbers in the Alliance. and put well-trained professionals with good equipment into the field. In late 2007, the Canadian government appointed a panel led by former Deputy Prime This is no longer the case. Stacks of studies Minister to review circumstances have recounted the past, present, and and make recommendations. The result projected decline of the Canadian armed was a caveated commitment to continue forces. Other than the Afghan anomaly, the combat presence until 2011. In March 2008, conclusion regarding the Canadian military Prime Minister Harper persuaded Parliament march to irrelevance was relentless. (including support from the Liberal Party) to endorse continued Canadian Afghanistan commitment until the end of 2011. That action took Afghanistan off the table politically during

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the October 2008 and May 2011 elections— could sustain significant combat losses—even much to the unspoken relief of both major among volunteers—irrespective of the military parties. and logistical challenges.

The circumstances that projected the Nevertheless, there were some positives from departure of Canadian Forces combat units the Afghanistan mission. by mid-2011 appeared clear but not definitive. While it was bruited about in early 2010 that As of 2011, extended numbers of the the United States had requested Ottawa Canadian Forces gained greater operational to extend its combat presence, that was and combat experience than has been the not the case. Although the United States case since the Korean War. Although figures would have been delighted to retain CF in an vary and certainly reflect multiple deployments active Afghanistan military role, Washington by some personnel, as many as 40,000 recognized the political constraints impinging Canadians passed through the Afghan on Ottawa. operations sector. Moreover, the experience was with NATO allies, particularly with U.S. At the annual military Conference of Defense forces. Our joint exercises and military Associations (CDA) meeting in Ottawa exchanges continued and improved. in March 2010, there was a trial balloon suggestion that a relatively small military The result has been a CF pride of training mission might continue. There was an accomplishment generating some members open-ended need for trainers for the Afghan to claim that the CF is “the best small army in military and Canadians were well qualified. the world”—a claim that would probably be And such was the role that eventually disputed by Israel’s IDF, but does suggest that emerged. At the minimum, as noted by they believe they are “back” (couch potato has Defense Minister Peter MacKay in mid-April arisen, lost weight, and shaped up). 2010, Canadians would continue to mentor In the process, Canada developed—almost the Afghan police—who probably need even by accident—a rather rare capability: trained, more attention than do the Afghan military experienced, well-equipped light infantry. And forces—until the end of the CF Afghanistan there is never enough of that type unit. Think presence in March 2014. what a couple of infantry battalions might have accomplished in pre-massacre Rwanda. Or in An Afghan Summing Up Darfur. Or in “ethnic cleansing” in the former There is societal ambivalence regarding the Yugoslavia. Or for that matter still might do CF. Canadians are proud of their armed against the Zimbabwe dictatorship or Somali forces, but essentially rejected the ambiguous pirate bases. Afghan mission. The fact that 155-plus Moreover, there was a modest CF renewal. If at soldiers died during a decade in Afghanistan the beginning of 2001, the CF were approaching (which would not have been a week’s worth the last gurgle going down the drain, a decade of wastage in twentieth-century wars) has later there was a modest but real revival. been disconcerting for Canadians to a degree Although replete with skepticism about the that raises the question whether Canada depth and duration of this revival, Canadian

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Forces are better for having it than not. undefended cliché is less and less relevant to our current defense relationship. For The essential question for Canada—and the indefinite future, the United States will Canadian—U.S. bilateral relations is what believe that it is threatened by militant happens next. terrorism, overt and clandestine. Or in the vernacular, “security trumps trade.” And while Can We Move On? Canadians may appreciate this concern in Some of those dismayed by Canada’s 2005 the abstract, frequently they have given an Missile Defense (MD) nonparticipation adopted excellent imitation of indifference. With his the “let’s move on” approach. Reminiscent rejection of missile defense participation in of the Monty Python hero who dismissed his 2005, Prime Minister Martin demonstrated shattered and dismembered body as merely that politics trumps security and created a ”a flesh wound”, they wanted to put MD major inhibiting factor for bilateral defense cooperation. Consequently, the United States behind them and concentrate inter alia on upgrading NORAD. Almost amusingly, in mid- has not dared to raise the MD question 2013 there were whisper stream indications again, albeit continuing and upgrading its that Ottawa might now be interested in anti-ballistic missile (ABM) deployments in MD—a shadow possibility driven by the public response to accelerated North Korean threats irrationality of North Korean leader Kim Jong- in 2013. Washington remains concerned over un. Any such Canadian interest, however, damaging a Tory government—even a majority would clearly need multiparty endorsement. government—by reopening a neuralgic issue And Washington will not be holding its breath that the Liberals and New Democrats could in anticipation. exploit. The result? A gap in continental defense and an even greater one in shared For its part, NORAD, which was renewed in security understanding. 2006 to an agreement of indefinite duration, could be usefully expanded to cover other Indeed, if one believes the media, Canadians continental defense elements and reorganized appear more worried that they may be to incorporate the Binational Planning Group. discomfited for 10 minutes by any new border Such an approach is so rational and logical procedures than by concern that terrorists that it sounds like the reasoning to justify may be using Canada as a home base. Canadian participation in MD; that is to Essentially, Canadians do not feel threatened say, that the logic is irrelevant. To be sure, by terrorism. And if 9/11 is replicated; it will there are bureaucratic tangles and resource be our fault, essentially for not being more commitments that would need resolution Canadian and addressing “root causes” as for a significant NORAD upgrading and one Canadian politician hypothesized in the reorganization, but they are excuses for immediate aftermath of the 2013 Boston inaction rather than defining obstacles. Marathon terror bombing. This attitude, reflected by steady levels of A Future of Indifference? anti-Americanism in public opinion polls, will eventually be replicated in comparable anti- The fact that we share a 3,500 mile Canadian commentary in the United States.

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Canadians should have no illusions that Canadian counterpart that the U.S. store was Americans will indefinitely consider them as open; that there was not anything in the way simply those polite people who drive south to of training, access, or equipment purchase Florida for winter vacations. Those who deal that was off limits to the Canadian Forces. In with Canadians professionally are well aware another instance, the Conventional Forces in of the virulent hostility from the chattering Europe (CFE) agreement of 1990 required the classes; they are more inclined to respond elimination of substantial numbers of tanks with a “Trudeau salute” than with apologies for and artillery. It provided, however, for those our policies. The “age of Obama” era of good who had to reduce their armor and artillery feeling is a blithe cover-up akin to cosmetics to transfer (or “cascade” it) to countries with over melanoma; it is unlikely to survive the first less modern equipment. Such less modern real problems of the bilateral relationship. equipment would then be destroyed to meet the CFE limits. This provision was viewed as Instead, Canadians by their defense funding an adroit mechanism to upgrade the combat choices are making it harder and harder for the capabilities of Greek and Turkish forces United States to cooperate with them in military that in some instances had Korean War terms. Despite facing “sequester” restrictions, vintage armor. In this process, a senior State U.S. technology continues to advance; our Department official approached Canada to forces in 2013 are far ahead of the forces that offer the Canadian Forces Abrams tanks—at fought in the first Gulf War, dismantled the no cost. Even “for free” Ottawa declined the Taliban regime in 2001, and destroyed Iraq in opportunity, presumably calculating that the 2003. Even when we desire to cooperate, it is improved capabilities were not worth the cost becoming more difficult every year to do so. given that the likelihood of ever using the The Afghan anomaly has mitigated this gap tanks in combat was minimal. Perhaps they on a tactical infantry level, as does the C-17 regretted having to borrow German armor purchase for heavy air cargo lift, but it will for Afghan use, but Ottawa never admitted rapidly attrite when Canadian defense spending regrets. returns to pre-2006 levels, forces are reduced, and equipment procurement gets deferred into Indeed, concurrent with the author’s service as the never-never. political minister-counselor at the U.S. Embassy in Ottawa from 1992 to1996, Canadian Forces For decades the United States has closely were no longer training in the field in larger cooperated with Canadian Forces on every than battalion-size units. There were command level. There have been endless military-to- post exercises, in which brigade level units military meetings and exchanges. Canadian were deployed “on paper,” but funds were not liaison officers have held senior positions in available for brigade level field exercises. Of the U.S. Army force structure; for example, course, that absence of practical training meant, both Generals Hillier and Natynczyk served in effect, that no Canadian brigades existed, as deputy commanders of III Corps. The new regardless of what the tables of organization CDS, General Thomas Lawson, came to his might have said. A major unit such as a position from being deputy commander at brigade is far more complicated than the sum NORAD. In one instance in 1992 then-Army of its individual units. Taking a brigade into an Chief of Staff General Gordon Sullivan told his operation without practical training for the entire

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organization would be akin to putting a racing individual arises from repose and starts doing automobile on the track having only tested its light exercises or offers to help with the yard carburetor, transmission and, brakes separately, work. But while you commend the activity, you but never assembled the entire automobile prior don’t expect it will persist. Somnolence is less to the race. stressful.

The U.S. defense establishment was on the As noted earlier, Canada simply assumes verge of giving up. For more than a decade, that the United States will defend it against our military attempted to keep its Canadian any significant threat because such a threat counterparts up to speed and maintain their would also endanger the United States. technological and tactical proficiency. It was Hardly heroic, but cheaper at the price. And hard slogging. After the first Gulf War, a senior Canadians continue to assume that the United U.S. Air Force officer said privately that all States will remain benign; consequently, the Canadian pilots contributed was to “bore essential elements of their sovereignty will holes in the sky.” Little was accomplished remain intact. to reverse that judgment. There is a point where patching Sea King helicopters, In private conversation with Prime Minister extending the life of C-130s, and reducing Martin in November 2004, President George CF-18 numbers to upgrade the remaining W. Bush reportedly noted that someday a U.S. few aircraft becomes not just inefficient but president (not himself to be sure) might wonder counterproductive. And the prospect of why we were defending a Canada that didn’t do obtaining the equipment projected for the its share. Subsequently, major U.S. media raised CF in the “Canada First” 2006 defense plan the same point. Then, the question subsided is fleeting—more likely to be an artifact of as it had for decades, and President Obama the budgetary fat years prior to the Great would never be so gauche as to belabor the Recession than to recession realities. topic, but it is a residual resentment about which Canadians should be aware. Thus we are hopeful, but not sanguine, that the Afghan anomaly will be sustained And it is clear that the Canadian population by Canadian Forces, permitting serious does not want to cooperate militarily with the professional military cooperation between our United States. It does not matter what the forces. Faced with no existential challenge— Canadian military might prefer—and indeed, and worn out psychologically by the Afghan there remains considerable professional commitment—the Canadian public is unlikely respect by U.S. personnel for the professional to support a strong defense budget. competence of their counterparts in Afghanistan and elsewhere, as well as regret The Free Loader Effect over the vicissitudes that they are enduring. However, their political masters have moved It has been decades since Canada has steadily to make cooperation improbable, if contributed to defense and security in terms not impossible. By making it more and more comparable to its GDP. There is a point, as difficult to find ways to cooperate, such as with the shiftless brother-in-law, when you with missile defense, the Canadian government know that he will never pull his weight and you discourages further military-to-military just “bear it.” You can be stunned when said initiatives. And with the end of joint action and

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operations in Afghanistan, meaningful bilateral Cold War, in arms control negotiations with effort will be harder to identify. Cooperation Soviet diplomats, they lied. We knew they does not have to be killed directly; it can wither lied; they knew we knew they were lying. But from lack of and inability to exercise, train, still they lied. Thus trust is not required for and share technology, tactical thinking, and discussion, negotiation, or even agreement. intelligence. After all, indirect confrontation is At the signature of the U.S.-Soviet treaty to the Canadian way. eliminate medium and shorter-range ground- based missiles, President Reagan offered Moreover, there is a parallel for NORAD in our “trust but verify” as the sobriquet to describe defense relationship with the . For our bilateral relationship. It remains a classic decades after World War II, we maintained summing up of Cold War reality. huge military bases at Subic Bay (Navy) and Clark (Air Force). They were frequently For the United States and Canada, at the regarded as absolutely vital lynchpins for U.S. opening of the second Gulf War with Ottawa force presence and power projection in the electing to be “unwilling,” there was a touch Pacific. And then our bilateral relationship of hurt anguish from a U.S. official to the deteriorated; the Filipinos became more and effect that Canadians and Americans are more politically difficult. Our need for the “family” and should face such challenges defense basing moved from “vital” to “nice together. Rather testily, a prominent Canadian to have” to “we can get along without them.” journalist retorted that we were not “family” Today, the Philippines play virtually no role and, indeed, not even friends. It caught in U.S. politico-military thinking or planning some American readers up short, but it was beyond some counterterror cooperation and a useful reminder that nations do not have vague musing over a role in the U.S. “pivot” genetically-linked blood lines, and economic to Asia. NORAD could follow the same partners need not be friends to have profitable path—not today or tomorrow, but as the U.S. relations. Churchill has been credited with the Armed Forces plan to assure they can protect quote, “There are no eternal friends or eternal the United States, they now have to start enemies…only eternal interests.” considering how to do so without NORAD. There has been a bit of blithe romanticism The United States has bilateral relationships from the U.S. side over our Canadian friends. in which there is no trust. There are states From the northern direction, there has been when, if their leader declared the sun had just pique and resentment. A mutual reality check risen in the east, we would immediately rush is long overdue. to a window to verify the point. During the

178 ALTERNATIVE NORTH AMERICAS 10 QUEBEC AS THE NEVER-ENDING PROBLEM

t is almost impossible, when looking at souviens” (I remember), makes the point every Ithe summer landscape of Canada or time one views a Quebec automobile license Quebec, aglow in what appears to be a plate. temperate European climate, to conceive of The result was an extended nonviolent it in January when snow arrives by the foot struggle by French Quebeckers to gain full and temperatures fall below any Western political and economic control over their European or U.S. experience. That is, it is affairs. It culminated successfully during impossible to conceive of a Canadian winter the “Quiet Revolution” of the 1960s, when during a Canadian summer unless you have francophones moved into key positions prior knowledge of the climate history. of power and influence, largely displacing Such is the same for Quebec sovereignty. English-speaking Quebeckers. But substantial numbers of Quebeckers deemed this level Quebec issues have been the constant of authority insufficient; they argued that conundrum for Canada. Addressing the their objectives could be obtained only by demands and differences of French-speaking complete independence. Whether they Quebec, home to approximately one quarter were labeled separatists, sovereignists, of the Canadian population, has been the autonomists, or some other designation, their quintessential challenge of federal Canada objective for the past generation has been to from inception. Quebeckers are part of create circumstances that would result in an Canada via British conquest in 1759—force independent Quebec. Toward obtaining this not choice—and more than 250 years of goal, there have been two referendums: in mainly benevolent (albeit sometimes despotic) 1980 and in 1995, the latter barely missing a control still has not convinced them to forgive majority at 49.4 percent. This outcome was and forget. The provincial motto, “Je me

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particularly frustrating for separatists, who for wished to kick the sleeping sovereignty dog. the past 18 years have sought mechanisms to create their particular millennium, thinking As if to characterize this circumstance, one “third time, lucky.” political observer termed Quebeckers as “fat and happy” (and Quebeckers are heavier than To Review the Bidding a Bit the Canadian average). Others continued to note that the generation-long obsession with “whether or not” independence for Thus in mid-2008, Canada and Quebec were the province had faded. In contrast to the enjoying a best-of-times epoch. Throughout expectation a decade ago and immediately the land, the economy was “to die for” with following the 1995 referendum that federal and provincial budgets balanced; sovereignty would grow in strength as more debts being reduced; taxes falling; inflation young francophones arrived on the scene and unemployment at or close to historic (and Anglophones died or left the province), lows; and the Canadian dollar the strongest in sovereignty has proved to be more “not a generation. Prosperity equals tranquility. Five their father’s Oldsmobile” than the political years later, the effects of the Great Recession vehicle they wish to drive into the twenty-first are still roiling the province’s finances. Canada century. Nevertheless, the “Canadian fact” has weathered the storm better than the lies more and more lightly on Quebeckers. A United States, and Quebec has done better December 2010 poll noted that more than 60 than much of the Rest of Canada (henceforth percent of the citizens regarded themselves referred to in Quebeckian terms as the as exclusively or first Quebeckers, and only “ROC”), but the economic climate can no 18 percent of the 18 to 24 year olds reported longer be depicted as the “best of times.” strong attachment to Canada.

In Quebec there was certainly a level of Hard core sovereignists have most assuredly discontent with various tax increases by the not surrendered their dreams, but they provincial Liberal government, the Parti Libéral have realized that now is not their time and du Quebec (PLQ). Premier Jean Charest nothing is possible until they regain power— had 70 percent unpopularity in mid-2010, real power beyond that of the very limited but at that point the government’s mandate minority government they secured in 2012. extended until December 2013. In such They take comfort in polls suggesting that circumstances, all the Official Opposition Parti around 40 percent of the electorate still wants Québécois (PQ) could do was gnash its teeth a sovereign Quebec; however, the desire for awaiting the next election. And without a PQ still another referendum is minimal—a position government to stoke the sovereignist furnace, persistent even among many sovereignty nobody in power was interested in the issue. supporters. Keeping activists engaged and hopeful during this extended interregnum, Consequently, in mid-2010, it almost particularly with the PQ in power, is a major appeared to be a “time out” for Quebec— challenge for sovereignist leadership. Faced Canada’s defining and often most volatile with the conundrum of desire and indifference, province. On both the sovereignty and the the core sovereignists have a simple answer: provincial political fronts, Quebeckers seemed hold a referendum and they will come—and to have stepped back from the fray. No one vote for independence.

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Appreciating this reality, however, the PQ the PQ espousal of “sovereignty” never leader, , announced in 2010 received an answer. Following his stunning that the PQ program upon election would no rise to Official Opposition status following longer include a near-term referendum on the 2007 provincial election, Dumont had sovereignty. That position was bitter medicine an unparalleled opportunity to promote an for Péquistes, but swallowed with no more alternative vision for the province—which he than a grimace. In mid-2010, separatist wasted, frittering it away with an unprofitable leaders projected a that would debate over “reasonable accommodation” defer a referendum call at the decision of the of immigrants into Québécois society. While leader. With that change, the PQ retreated to analysts recognized that the 2007 ADQ approximately the position occupied by Lucien ascendancy was partly attributable to the Bouchard, PQ leader and Quebec premier combination of Liberals disgusted by the following the failed 1995 referendum. Before failures of Jean Charest and the PLQ and calling a referendum, Bouchard insisted on Péquistes repulsed over their cocaine-using waiting for “winning conditions” (which never PQ leader, André Boisclair, the ADQ had eventuated). His successor Bernard Landry’s seized the electoral “lightning.” Success, commitment to a referendum “as soon as however, was catastrophic; the ADQ was possible” never came to pass either. unable to convert the lightning into productive political electricity and incinerated itself in the Nor did the prospect for a third force under process. Its National Assembly representatives the Action Démocratique du Québec (ADQ) were inexperienced and outmaneuvered by emerge as an alternative “national” option to both Charest and the third-party PQ. It went the separatist PQ. As a Quebec nationalist, into a political death spiral and, caught by a ADQ leader touted “autonomy” called in December 2008, was for Quebec—a term that remained carefully virtually annihilated. Dumont left the leadership undefined, but could be hypothesized to give to become a popular talk show host, and the Quebec all powers short of full independence. shards of the ADQ were incorporated into Quebeckers asking whether the “autonomy” the next “third party hope,” Coalition Avenir hypothesized by Dumont and the ADQ was Québec (Coalition for the Future of Quebec) a distinction without a difference so far as or CAQ.

Consequently, the PQ objective was minimalistic following the 2008 election. As the Official Opposition, it was preparing to govern once Charest and the PLG ran out their mandate, which technically lasted until late 2013. Privately, separatists appreciated that in democracies the Official Opposition eventually gets a chance to govern, and the PQ is a known (and reasonably trusted) quality with the electorate. The maxim remains that governments are not

Brian Gable, Globe & Mail

181 ALTERNATIVE NORTH AMERICAS Quebec as the Never-Ending Problem

beaten but defeat themselves. The Liberals Ottawa and simultaneously advance the were well down that path with tax increases arguments for an independent Quebec; (b) win and more putrid than usual, involving control of the province by electing a separatist construction and union scandals. Charest, National Assembly majority based on the one of Canada’s modern masters of landing Parti Québécois; and (c) hold a provincial on his feet while reinventing himself in mid- referendum that would win a majority. To be air, appeared to have expended his political sure the, elements of this trifecta were much equivalent of a feline “nine lives.” debated, particularly by provincial and national federalists who demanded adherence to Thus from the 2008 election forward, the federal laws (the ) and Canadian carrot of power beckoned the PQ—and they Supreme Court opinion regarding the type of wanted to seize a mandate strong enough to “clear” question that must be posed in any move toward sovereignty without frightening referendum and the dimensions of a “clear” the Quebec electorate in advance of an majority. Separatists insisted on the classic election. The PQ determined to concentrate “50 percent plus one” vote for victory. on its strengths: they were not the Charest Liberals; they were clean government experts On May 1, 2011, the separatists could and effective economic managers. At the hypothesize that they were making steady same time, separatist leadership believed progress toward the objective. Following the it could orchestrate (third time lucky?) a April 14 French language debate, a senior referendum victory. They viewed the current Quebec journalist simply conceded electoral federalist team of Stephen Harper, Peter dominance in Quebec to Gilles Duceppe and MacKay, , Thomas Mulcair, Jean the Bloc Québécois (BQ). The BQ held 43 Charest, Justin Trudeau, etc., as nowhere of Quebec’s 75 parliamentary seats, and the as capable as the 1980 and 1995 federalists Parti Québécois polled as the prospective (Pierre Trudeau, Jean Chrétien, Robert winner in the next provincial election. At Bourassa, , Daniel Johnson, the PQ party conference on April 18, PQ Jean Charest). Similarly, they believed their leader Pauline Marois, having just received old warhorses (Lucien Bouchard, Jacques a record-setting 93 percent endorsement Parizeau, Bernard Landry, Gilles Duceppe) of her leadership, pledged to push Ottawa would step into familiar traces and combined every day for new powers, and BQ leader with current PQ leadership could drive Gilles Duceppe, urging PQ support for BQ referendum victory. candidates, stated, “A strong Bloc in Ottawa. A PQ in power in Quebec. And everything And Then Came the Federal becomes possible.” Election of May 2, 2011 But then it all melted down.

Thus, until the federal election on May 2, At the beginning of the federal election 2011, the sovereignists’ chosen path was campaign, the BQ was the most popular three pronged: (a) maintain a bridgehead of federal party in Quebec. BQ leader Duceppe separatists in the federal Parliament to work was the most popular politician in the constantly to extract further benefits from province and was judged to have won the campaign’s French debate and had

182 ALTERNATIVE NORTH AMERICAS Quebec as the Never-Ending Problem

performed credibly in the English debates. been tried by the provincial electorate) Yet on May 2, 39 of the 43 BQ MPs were didn’t carry the baggage weighing down the defeated, including Duceppe, and mostly Tories and Liberals. So, just as Quebeckers by overwhelming margins in constituencies had switched in a trice from Liberals to where previously they had won repeatedly by Tories (1984) and Tories to BQ (1993), Ms. the same overwhelming margins. Not defeat: Fickle is now trying the New Democrats on annihilation. So what happened? There are a for size. And some elements of the NDP variety of explanations of assorted plausibility. platform and leadership rhetoric (finding “winning conditions” to satisfy Quebec • Quebeckers were seduced by Jack within Canada) were attractive. The BQ was Layton—that mustached “Smilin’ Jack,” never going to hold federal power in Ottawa, twirling his cane and cracking wise in car- by definition; in contrast, a federal NDP salesman French. Layton performed well in government might deliver the power and the mid-campaign debates garnering the autonomy that Quebeckers still want. But “politician I’d want to have a beer with” vote nobody owns Quebecker votes, they are and ultimately judged as “un bon Jack” (a only rented. good guy) in Quebecker parlance. The result was a tribal, sea-change move to “Jack” • Finally there is the fatigue factor. The BQ is rather than any ideological impetus. long years from its founding-father Lucien Bouchard dynamism; its Ottawa leadership • A second strain of thought is that Marois was gray, dutiful, and pedestrian rather and Duceppe overreached in their April 18 than dynamic; and Duceppe seemed a rhetoric. By reminding Quebeckers that a bit grumpy during the campaign and its BQ victory, followed by a PQ victory, would debates. Everyone had heard it all before— mean a return to the referendum wars, there was nothing new to be said. Yes, they their prospective countrymen’s reaction brought home some booty, most recently was to recoil in dismay. Having struggled the Harper commitment to repay $2.2 billion with the profoundly divisive and exhausting that Quebec had expended in harmonizing sovereignty issue for a generation, most federal and provincial sales taxes, akin to Quebeckers just don’t want to hear about payments recently made to Ontario and it any longer—although they may prefer British Columbia. But there is always a sovereignty if they could get it without going “what have you done for me lately” attitude through the agonizing political process to among voters (even if “lately” was last obtain it. The thought of years more “dental month), and new avenues for BQ action in chair drilling” prompted a “hell no, enough Ottawa were limited. already” reaction—and the quickie search for an alternative settled on Jack Layton and But in all honesty, nobody really knows. Are the New Democrats. Quebeckers “tribal,” making a corporate decision over the Easter weekend to take • Another tenet postulates that years of a “try it, you’ll like it” plunge and drink the largely invisible painstaking ground- Kool-Aid? Did they overshoot, wanting to laying work by the NDP finally bore fruit. send a cautionary message to the BQ rather Quebeckers are more “socialist” than other than throwing out separatist baby as well as Canadians, and the NDP (having never

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turgid bathwater? Have Quebeckers outgrown their May 2 totals. However, by mid-2013, the the formal separatist movement (analysts note NDP had sagged in the polls as Quebeckers steady declines in separatist votes in a series of were dissatisfied with NDP efforts for Quebec elections) becoming “nationalists” (whatever that in Ottawa. At 30 percent, they had fallen means) but not “separatists,” just as they turned behind the federal Liberals benefitting from a from the iconic Catholic Church in the 1960s? Trudeau-effect surge (38 percent) but still led the BQ (18 percent) and Tories (10 percent). The reverberations have not yet even begun to The volatility of the polls suggests they are settle; the election’s entrails will be pored over interesting but essentially meaningless. for decades by the ultimate graduate student PhD researcher. But Can the PQ Hold Together Even in Victory? After Effects: Duceppe The political upheaval did not conclude with At the beginning of May 2011, Gilles Duceppe the 2011 Bloc collapse. Demonstrating its was regarded as the most popular politician in proclivity to devour its leaders when they the province. Following May 2, his future came appear strongest, a number of Péquistes completely into question. And he has carefully denounced PQ leader Marois and left restrained from proclaiming a future direction, the party during Summer 2011 to sit as dismissing various media speculations and independents; the attrition continued over-heated boomlets that he was about to throughout the autumn. Ostensibly, their seize PQ leadership from Marois or seek to be complaints were prompted by Marois, who mayor of Montreal. Privately, he first indicated demanded party support for a bill prohibiting that he would take months (now moving law suits against a sole-bidder arrangement to toward years) to recalibrate his objectives— construct the new Quebec City hockey arena. particularly after an abortive role as political Taking the position without consultation, commentator on Radio-Canada evaporated Marois roiled party stalwarts who had been under intense criticism and inside-the-BQ- committed to intense discussion of such sniping generated questions regarding use issues. But more pertinently, the departure of BQ federal funding to support party work. of four hardline supporters of Quebec Duceppe may retreat into “special projects” sovereignty emphasized their dissatisfaction such as heading a PQ-created, 2013 with Marois’ slow march toward another province-wide “skills training, employment, referendum. Marois clearly attempted then and manpower” commission; he is being held (and continues now) to straddle the issue in reserve for any future referendum. with implicit commitment to a sovereignty referendum, but not moving to one so quickly And the NDP as to “scare the horses” of soft sovereignists more interested in good government than In the months immediately following the independence. Subsequently, two other election, Quebeckers seemed to have no PQ MNAs left the caucus—one reportedly morning-after remorse. Indeed, June 2011 because the party was talking too much about polling indicated variously 40—and even 50— sovereignty! percent support for the federal NDP with other parties falling further (BQ at 14 percent) from With draconian measures, including an

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unprecedented demand for formal loyalty according to separatist leadership, was oaths from the remaining PQ caucus once a passionate separatist seeking an members, Marois staunched the hemorrhage immediate referendum. But circumstances by autumn 2011 and regained control at change; Legault left the PQ and subsequently a party conference in early 2012. Some, cofounded his amorphous “Coalition,” which however, stunned by such action and repelled ostensibly seeks to assemble Quebeckers by her leadership style, declared that she regardless of their views on sovereignty in a could not survive as leader. They were wrong; vaguely center-right movement to address however, under any circumstances, the costs economic and societal issues. He is evasive for quelling this rebellion—even temporarily— on a referendum, initially indicating that it were severe. The PQ, which appeared odds- would not be held in his first mandate, but on favorite to replace a dead-man-walking later saying that he didn’t expect it within Liberal government, collapsed in the polls. the next 10 years. This vague approach has Jean Charest, having won three consecutive significant appeal as commitment to anything elections (one leading a minority government) that appears to be a near term referendum and becoming one of the great survivors has a poison pill effect on the proponent. of Canadian politics, appeared far past his best-before date. Some believed, however, Legault transformed his Coalition into a that Marois had gifted him with a “10th life.” formal political party in November 2011 and, A late June 2011 poll indicated that Charest momentarily, polls suggested that a Coalition had regained the lead among recognized Party combined with remnants of the ADQ parties. Defying run-out-the-clock logic that could pull more than 40 percent of the vote would have kept the Liberals in power until and sweep the province. But Legault was not late 2013, Charest plunged into an election an organizer, and party formation has been campaign in autumn 2012 and virtually seized a slow motion process; he conceived of a victory from defeat’s jaws. Not quite, but he “waiting for the wave” approach during the held the PQ to a minority government (54 2012 election—seeking the same tsunami that seats) to his 50, and only a fractional popular lifted the NDP to victory. But it didn’t happen; vote victory 31.95 percent to the Liberals’ the CAQ won 19 seats with 27 percent of the 31.2 percent. vote, holding the balance of power, but having little immediate political impact. In a mixed blessing for Marois, several of the hard core sovereignists decided not to run Bottom Line again, but her cabinet consisted of virtually all unilingual francophones of quality far below Hang onto your hats; everything remains in that of previous PQ governments. play regarding Quebec governance and, concurrently, the future of its sovereign The Third Party: Another Factor movement. in Play Ever since the 1995 referendum, separatists The other factor in play is François Legault have sought to create “winning conditions” that could convince a skeptical electorate that and his Coalition Avenir Québec. Legault is a businessman and former Péquiste who, a referendum would have a positive result. All concerned appreciate that desire for another

185 ALTERNATIVE NORTH AMERICAS Quebec as the Never-Ending Problem

referendum is minimal, but sovereignty retains relationship they enjoy with Canada. However, a baseline polling support of 40 percent plus, having twice leaped onto the “hot stove” of and polling also shows that citizens of the divisive referendum, the separatist “cat” is province regard themselves as “Quebeckers” currently unwilling to try again—even if the rather than Canadians. Consequently, BQ/PQ stove is cold. activists believe that “if we hold one, they will come,” and appreciate that while “Canada” A Separate Issue: has its virtues, an independent Quebec would The “Reasonable Accommodation” have more of them. Commission Accommodates Consequently, minority government is frustrating. But there is no hurry to force Inaugurated in 2007 and delivering a report a new election. The PQ has sagged in the in May 2008, the two-person Reasonable polls; the Liberals under new leadership Accommodation Commission was prompted have surged. So the PQ under Marois by increasingly fractious provincial debate over prevaricates—hoping inter alia that the the degree to which immigrants and religious (a public inquiry and cultural minorities needed to have their into potential corruption in the management special desires accommodated by Quebec of public construction contracts) will disinter society versus the degree to which they further Liberal scandal. Splinter separatist should accommodate to majority attitudes parties bled off approximately 8 percent of and practices. The , federalist the electorate in the 2012 election. The PQ anglophone Charles Taylor and separatist knows that without separatist unity there francophone Gérard Bouchard (brother of is no hope for a PQ majority, and without a former PQ premier Lucien Bouchard), held majority, no Péquiste government would risk a a series of hearings throughout the province referendum. to review attitudes toward girls wearing head scarves during competitive athletic events or Péquistes and sovereignists project a full facial covering for women when voting. long road back: First, one must unite the separatists—the PQ and Québec solidaire in The final report concluded that Quebec’s a productive electoral alliance. Next, one must francophone culture was not under threat and orchestrate an election at the most propitious the province should move toward becoming time, presumably combining revelations of a sophisticated cosmopolitan society. Liberal corruption at every level with further It offered a list of 37 often bureaucratic CAQ decline. With a majority government recommendations to make the province more, resulting from such an election, the Péquistes well, accommodating for non-francophones. must design rationales for a referendum by Although the report attracted less criticism making (unacceptable) demands of Ottawa in from francophone than might have been the form of greater fiscal support and benefits anticipated, its recommendations appeared that would justify a “back to the future” stillborn. One of the most obvious—removing referendum. Finally, separatists must convince a crucifix above the Speaker’s chair in the a majority of Quebeckers that independence National Assembly—was unanimously rejected will be better than the comfortable, well-paid by the Assembly. The intimation is that

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francophone will continue to pay politically argument that Canada exists as an agreement correct lip-service to welcoming immigrants between two founding peoples, French and (with Montreal as a genuinely cosmopolitan English, extends in Quebecker minds to the metropolis), but there are obvious limits judgment that there are only two relevant with the emphasis being that Quebec is a actors: Quebec (francophones) and everyone “French” rather than multicultural society. else. And Quebec continues to extract booty Such a condition makes it exceptionally from Ottawa almost without effort: the $2.2 difficult for sovereignists to “sell” their billion “harmonization” repayment for Quebec product to immigrants (who frequently decide adopting a harmonized sales tax (HST) 20 anglophone Canada is more appealing) and years ago, and the October 2011 federal problematic to young francophones with commitment to fund a new Champlain Bridge Montreal rather than Quebec hinterland roots. from Montreal to the South Shore is priced at $4 to $5 billion (but who’s counting?). Sovereignty Is Not an Canadian acceptance of French as an Abstraction official language legally equivalent to English throughout the country is the most Nevertheless, despite the patina of placidity, obvious manifestation of Québécois socio- the prospect of Quebec sovereignty is not a political power. It is akin to Welsh being an hypothetical abstraction. Sovereignty deferred official language in the British Parliament is not sovereignty denied. While the “near and throughout the United Kingdom as a death” political experience with the October consequence of Wales accepting English rule 1995 Quebec sovereignty referendum coupled with the Statute of Rhuddlan of 1284. Or a with the exigencies of the “Clarity Act” have more contemporary analogy might be having militated against resumption of the Canadian Spanish as an official language of the United national unity battle for 18 years—now longer States driven by the argument that Spain than the period between the first and second was also a founding nation in North America sovereignty referendums, the Canada-Quebec with its colonies in Florida, California, and the conundrum remains unresolved. There may Southwest. never be an independent Quebec or even another referendum. Both would be sanguine For its part, the United States need take no outcomes, for the United States as well as for immediate action. Moreover, a cool-eyed Canada, but neither is a “best bet,” and there appraisal of Quebec independence indicates are factors still extant that put Canadian unity that its dangers have been overstated. in jeopardy, if not in peril. Although the United States does not want an independent Quebec and must continue its What Quebec has managed is a masterpiece strong support for Canadian unity, it should of political jujitsu. It has leveraged a declining recognize that “the unresolved and determining demography into a guaranteed position of factor is and must be the will of the people of privilege of disproportional representation in Quebec.”2 the federal parliament and a de facto veto on every issue affecting its provincial interests. Its

187 ALTERNATIVE NORTH AMERICAS Quebec as the Never-Ending Problem

separatists seek to expand the substantive Quebec as the Never-Ending ramifications of “nation” to extract more Story cream.

For more than 200 years, “national unity” has • Plan C: Threats and penalties with been for Canada the equivalent of the old “partition” of Quebec as the ultimate stick saw about a dermatologist’s patients: They (e.g., “if Canada is divisible then Quebec never get better, but they never die. For many is divisible”). Prior to such draconian post- Canadians, it is an axiom that Quebec will sovereignty action is the politico-legal never separate from Canada. A Calgary man labyrinth epitomized by the “Clarity Act,” once epitomized the point by commenting, creating a set of legal hurdles, including “It’s an issue that has been around the block an undefined “clear majority” to an equally so many times...and never happens.”3 These undefined “clear question” regarding any citizens believe the long, shared Canadian juridical-approved separation. history, the prominent role Quebeckers play This intensive effort, developed by in national politics, and economic self-interest sophisticated politicians, lawyers, analysts, are decisive weights on the balance. While and pollsters slowly drove down the level of avoiding the implicit (and counterproductive) support for sovereignty from approximately arrogance of saying “never” in public, they 50 percent (depending on the pollster, believe that, regardless of how separatists the crisis du jour, and a waxing or waning fulminate, connive, and bluster, Quebeckers moon) to its current level of approximately remain essentially committed to Canada. It 40 percent (contingent on the same factors). is perhaps the political equivalent of spousal At such a lower percentage—which was belief in the fidelity of their martial mates. the level of support for Quebec sovereignty Consequently, a sanguine observer might prior to full involvement of separatist leader assume success from Ottawa’s current, Lucien Bouchard in the mid-1990s—the PQ national unity strategy: will not chance another referendum until it regains majority power. The United States, • Plan A: Hortatory cheerleading efforts by however, cannot be that confident. It must the Heritage Ministry’s Canada Information be intellectually prepared for a sovereign Office.4 Despite the egregious scandal Quebec—just as we must be prepared for revealed in juridical investigation of bribery a breakup of the European Union and a and malfeasance, the federal government reconstitution of the USSR under one name or continues efforts to make “Canada” more another. obviously present in Quebec. Near Death: The 1995 • Plan B: “Step-by-step” devolution as the carrots of flexible federalism and Sovereignty Referendum constitutional change are deployed. Prime Minister Harper’s endorsement of Quebec Thus although the past is never repeated, even as a “nation” and symbolic moves such as when it is forgotten, it is useful to review the a Quebec seat in UNESCO are choke-the- circumstances leading to the 1995 referendum cat-with-cream maneuvers. For their part, and its immediate aftermath. This condensed

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history and some aftermath provides For his part, Lévesque embraced a beau perspective for 2013 and future years. risque (a chance worth taking) with Ottawa for a rejuvenated Canada-Quebec The 1995 sovereignty referendum did not leap relationship. Ground down by eight years full-blown from Canadian politics. It was rather in power, however, the PQ lost the 1985 the culmination of 15 years of constitutional Quebec election to the provincial Liberals. wrangling and, more indirectly, the unresolved The Péquistes then forced a worn out, English-French dichotomy in Canada dating disheartened Lévesque from PQ leadership to James Wolfe and Louis de Montcalm and and replaced him with Jacques Parizeau, a their fatal encounter on the Plains of Abraham sophisticated economist and a passionate outside Quebec City in 1759. Indeed, Quebec advocate of Quebec sovereignty. The PQ sovereignty had become something of an started its long road back to political power and, academic question in the decade following although again defeated in 1989, improved its a 1980 sovereignty referendum. In this political position—all the while criticizing the referendum, driven by Quebec separatists, Canada-Quebec relationship. a soft, convoluted question postulating a vaguely defined “sovereignty association,” Meanwhile Prime Minister Mulroney between Canada and Quebec was handily and the Tories gave serious attention to defeated by 60 percent to 40 percent with constitutional revisions addressing Quebec’s majorities both francophone and anglophone concerns, inter alia, recognizing Quebec Quebeckers majorities against merely as a “” and providing a veto exploring such a status. over constitutional change. These proposals were wrapped into a legal package called The defeat badly chastened the PQ and its the (after a pristine founder-leader, René Lévesque. Although mountain lake on the outskirts of Ottawa re-elected in 1981, the Péquisite push for where the prime minister has a vacation Quebec sovereignty slid to the fine print home). The agreement was completed in of official manifestos. At the same time, 1987 and endorsed by Quebec, but Manitoba however, Quebeckers’ discontent with the and Newfoundland refused to agree before Canada-Quebec relationship rose as the the period for provincial agreement expired federal government under Prime Minister in 1990. Former Prime Minister Trudeau and Pierre Trudeau and his Justice Minister Liberal Party Leader Chrétien also vigorously Jean Chrétien, made substantial revisions opposed the agreement, arguing that the in the Canadian constitution, including its 1982 Constitution did not require alteration. official return (or “”) from the United After the collapse of Meech, having endorsed Kingdom over the objections of Quebec. this compromise, Quebeckers felt both Furious Quebeckers, attracted by campaign rejected and humiliated, and support for promises by Canadian Federal Tory leader sovereignty surged while anger at Chrétien Brian Mulroney to address their constitutional and the Liberals gained further impetus. grievances, punished the federal Liberals in the 1984 election, transforming the province from The aftermath of the Meech Lake defeat a Liberal preserve to a Tory stronghold—albeit brought a new figure to prominence: Lucien one sustained by PQ sufferance. Bouchard. A close friend of Prime Minister

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Mulroney from university days, Bouchard Tories in the 1984 and 1988 elections, the BQ followed a winding path through Quebec seized 54 of Quebec’s 75 seats, becoming a politic that eventually brought him into the parliamentary oddity: the “Official Opposition” Tory government, first as ambassador in to the Liberals. Quebec separatists for the Paris and ultimately as environment minister. first time had a prominent contingent in Disagreement over the Meech Lake Accord, Ottawa with a dynamic leader; they formed however, ruptured the Bouchard-Mulroney “loyal opposition” disloyally dedicated to the bond. Bouchard founded a federal-level dissolution of the country. separatist party, the Bloc Québécois (BQ), in July 1990 with a handful of former Tory and The massive Quebec separatist presence in Liberal Members of Parliament from Quebec, Ottawa began to force the “national unity” speaking as a rather lonely voice in Ottawa for question again into the unwilling public Quebec sovereignty. consciousness. And with the requirement for a Quebec provincial election pitting the Mulroney went back to the constitutional incumbent Liberals against the resurgent drawing board, expanding his efforts beyond Péquistes, Canadians had the opportunity Quebec to incorporate concerns from western to preview the coming battle over Quebec provinces, Canadian aboriginal groups, sovereignty. In contesting the October and other interest groups. The result of two 1994 election, the Liberals—under the new years of intensive public consultation and leadership of Daniel Johnson, the third in his negotiation was the family to be Quebec’s premier—struggled (named after the capital of Prince Edward against the burdens of nine years of Island where final-stage negotiations took incumbency and a weak economy. Johnson, place). Virtually all federal and provincial who could be described as “charisma- parties—both government and opposition—as challenged,” labored gamely throughout the well as economic, social, and media elites, campaign to transform the provincial election endorsed the accord. It had something for into a sovereignty referendum. everyone; unfortunately, it also had something that everyone disliked. In a nationwide For its part, the PQ maintained a focus referendum in October 1992, Canadians on Liberal failures and promised “good defeated the Charlottetown Accord by 54.4 government.” Johnson was partly successful: percent to 44.6 percent; 6 of 10 provinces, although clearly defeated in the National notably Quebec and all 4 western provinces, Assembly (77 to 44 seats), he lost the overall voted against it. popular vote by only 0.4 percent—44.7 percent to 44.3 percent, and clearly held the Following the defeat of Charlottetown, PQ to under a majority. Canadian domestic politics hit the fast-forward button and “constitutional fatigue” pushed Although he avoided concentrating on Quebec national unity from the public agenda. In the sovereignty during the campaign, PQ leader October 1993 national election, the Liberals Jacques Parizeau committed to a referendum annihilated the Tories (who fell from 177 seats within a year of his election, promising a to 2), but Quebeckers catapulted Bouchard vote on a clear choice of sovereignty for and the BQ into national prominence. Quebec. The PQ moved quickly, introducing Capturing the separatist votes “loaned” to the a draft law on its planned arrangements,

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but extensive public hearings during the In the initial stages of the official campaign, winter of 1995 did not generate significant the separatists came out stumbling. enthusiasm. Consequently, the commitment Mandatory debate in the Quebec National to an early referendum appeared to be an Assembly on the referendum question did uncomfortable box for separatists as polls not provide the anticipated lift for separatists. at this point suggested sovereignty would They mumbled about gaining a “moral victory” not win a majority. Separatists’ hopes were by finishing above 45 percent with a majority further damaged in December when Bouchard of francophone voters, and as late as October was struck by necrotizing fasciitis (“galloping 10 to 12, a Gallup poll had respondents gangrene”), resulting in the amputation of answering “yes” at only 43.5 percent.5 With his left leg. Although he recovered with three weeks to go in the campaign, however, remarkable speed, his personal commitment momentum began to shift. On October 7, to and physical reserves for an exhausting Bouchard was named “chief negotiator” for campaign were in question. the projected discussions with Ottawa in the event of a “yes” victory. Initially this move Throughout the spring, separatists struggled appeared the equivalent of naming Bouchard with formulations and timing for any as captain for the second voyage of the referendum, and polls hovered no higher Titanic, but for undecided Quebec voters, than the mid-40 percentile in support of Bouchard was everything that Parizeau sovereignty for Quebec. In June, however, was not. Bouchard pressed for a virage (turning), and orchestrated agreement among all separatists Bouchard’s zig-zagging political career to seek an economic and political association reflected the Quebeckers’ own ambivalences. with Canada. This agreement was internalized As the author of the virage, Bouchard in the official question announced September appeared willing to devise a new “partnership” 7, promising a formal offer to Canada for relationship with Canada rather than exploit “a new economic and political partnership” cynically the proposal as a mechanism for in the event of a “yes” vote, and setting the separation. (Subsequently, it appears clear referendum for October 30. that Parizeau intended to seize even a one- vote margin of victory to drive an independent For their part, the federalists were confident Quebec into reality.) of victory; public and private polls (in contrast to 1980) showed them clearly ahead. Ottawa And Bouchard was something else. Already hushed the federalists outside Quebec, as it the most popular politician in Quebec wanted to avoid inadvertent, emotionalized following the 1993 federal elections, his insult or give the separatists a rallying cry, as touched-by-death experience transmuted happened in 1990 when Brockville, Ontario, him into another political dimension. Almost rowdies stomped on a Quebec flag. Chrétien overnight, he galvanized the semi-moribund scheduled only a few “cameo” appearances separatist campaign into passionate action in Quebec. Federalists sneered at the characterized by crowds chanting “Lucien, provisions of the proposed Canada-Quebec Lucien,” and responding to him as if they were “partnership,” characterizing it as a divorce present at the creation, rather than a politician with bedroom privileges for Quebec. in a .

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The federalists were almost blown away. way for Bouchard to assume both roles in Earlier, they had been damaged when a early 1996. senior businessperson spoke of “crushing” the separatists. Then Finance Minister Paul And Its Aftermath Martin spoke of “a million jobs in question” in Quebec—an over-the-top suggestion In the intervening 18 years, the separatist high lampooned by separatists. Chrétien and tide has slowly receded. Separatists argue Johnson squabbled in public over the ultimate that if they had quickly returned to the fray status of Quebec. But the federalists fought with Bouchard as premier (and when polling back with passion of their own: Chrétien numbers suggested they could garner a addressed the nation, promising to keep majority), they would have been successful. “open all the other paths for change including But Bouchard, operating under “yellow the administrative and constitutional path,” light” caution, preferred to demonstrate to and the federalists orchestrated a massive, the Quebec electorate that he and the PQ pro-Canada rally in the heart of Montreal on were responsible, trustworthy custodians October 27.6 Public polls moved to the “too of the economy and the public interest. close to call” category, but on referendum day, Then, given such success and a renewed senior separatists were confidently predicting mandate, he would have the “winning victory while federalists declared separatist conditions” necessary to bring forward momentum had stopped. another referendum. Bouchard’s efforts, although well-directed toward balancing the On the night of the referendum, Canadians provincial budget, rationalizing health care, watched a red and blue fever bar across the and amalgamating metropolitan areas, were base of their TV screens as the “yes” vote not universally popular. started at more than 50 percent but slowly declined to 49.4 percent. With 93 percent of Although Bouchard handily won election the electorate voting, little more than 50,000 in 1998, he actually did so with a lower votes separated winners and losers. Despite percentage of the vote than the Liberals, the passion and commitment, the average now led by Jean Charest, the former head Quebec federalist took the victory (and of the federal Tories, and below both the separatist, the loss) calmly. There was less PQ’s previous margin of victory and the “yes” violence on referendum night than there might vote in the referendum. Although separatists have been after a hotly contested hockey might have argued that there was a reservoir match. of votes for independence in the third party, the ADQ, whose leader had previously Not so for Parizeau. Blaming “money and supported “yes,” Bouchard was disconcerted the ethnic vote” in a concession speech, a and discouraged by the result. Increasingly, perhaps “overly refreshed” Parizeau was bitter “nibbled by ducks,” as the PQ membership is in defeat. Federalists and separatists alike notoriously fractious in harassing its leaders, excoriated his outburst as racist and divisive. he resigned in 2001 and officially accepted Electing to jump before being pushed, responsibility for failing to lead the province Parizeau resigned as both PQ leader and to independence. Others noted Bouchard’s Quebec premier the next day, opening the historic volatility, having never stayed with

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the political parties he joined—even when he engage in both official languages. Her initial led them. Nevertheless, with his departure foreign travel to Paris and Scotland passed from the PQ, the separatists lost their with barely local mention. most charismatic leader, and Bouchard subsequently has remained politically Bouchard once said that if the Meech Lake unengaged, although active in private law agreement had passed, he would not be practice, high profile labor conflict mediation, where he was politically; that is, Quebeckers and community service. His statement would have found the revised federal-Quebec in February 2010 that while personally relationship acceptable. It is a measure of committed to Quebec independence, which Canada’s slow-motion crisis that English- he did not expect to occur in his lifetime (he speaking Canadians would be unlikely to was born in 1938), was a hard-to-explain- accept a renewed Meech Lake proposal, and away downer for separatists. separatists have said it now would not suffice for their objectives. Bouchard’s departure left a void that separatists have been unable to fill. Bernard Unfortunately, for long-term provincial Landry, his successor as PQ leader and tranquility, many of federalism’s “carrots” premier, was defeated in the 2003 provincial have a wilted look, and the ROC shows little election, never being able to achieve those interest in offering Quebec even more enticing elusive “winning conditions” although and unique benefits that would terminally providing governance that, even in defeat, deflate the separatist movement. Both the was positively regarded. Following his defeat, provincial Liberals and the Péquistes compete however, Landry also resigned leadership as Quebec nationalists; the Harper Tory and retired, thus removing the last prominent government (as did the Martin Liberals) have member of his generation of sovereignists extended greater financial and bureaucratic from active politics. Currently the PQ, benefits to Quebec (re: HST reimbursement following its dalliance with leader André and Champlain Bridge funding), but “enough” Boisclair, has a transitory air; its leadership, is never enough. And now the majority even after winning a minority government, is Conservative government does not need competent albeit uninspired. Quebec MPs to stay in power, further reducing incentive to cater to Quebeckers. One can puzzle over next-generation possibilities for sovereignty; current leader A federalist contrarian, however, would note Pauline Marois, although the first female that Quebeckers are essentially satisfied with in 2012, is not personally their current arms-length relationship with galvanizing. Her earlier flailing to regain control Ottawa, permitting them to extract benefits over a party that was fracturing retrospectively at minimal political cost; he would conclude still has more than a tinge of desperation. that sovereignty is moving from the “sleeping Moreover, although an ancillary point, dog” category to one in a coma heading for her ability to lead Quebec and project an hospice. international image suffers from being virtually a unilingual francophone as Quebeckers expect that their leadership will be able to

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Is French speakers and to those outside the Quebec a Nation Montreal metropolitan area. At best for them, the relationship with Canada is described as Although in 2007 Prime Minister Harper a “marriage of convenience, not a marriage introduced a parliamentary resolution of love.” It has been said that the opposite of identifying the Québécois as a nation “within love is not hate; it is indifference—and that is a united Canada,” this is a socio-political the emotion francophone Quebeckers extend construct rather than a juridical or legal to Canada. status. Indeed, it is another artful mechanism to persuade Quebeckers that independence Perhaps more importantly, rank-and- is unnecessary and that all francophone file francophone federalists are almost aspirations can be accommodated within invisible. Although 35 percent of Quebec’s the structure of Canada. It is hard to discern francophones voted “no” in the 1995 any long-term effect from the formulation: sovereignty referendum, they do not Quebeckers knew—and know—they are a advertise their preference for Canada. The “nation” without a requirement for Ottawa to absence of an articulate federalist rebuttal recognize it. by francophones and their low profile during events such as the July 1 Canada Day (in For much of the ROC, it was just another contrast to the “National Day” celebrations kowtow to Quebec. for St. Jean Baptiste on June 24) leaves the impression that the only opponents to Quebec It does not take much examination to sovereignty are the anglophone minority and recognize that in political science terms, those Quebeckers whose native language is Quebec qualifies as a nation-state. It has a neither English nor French (known in Quebec largely coherent population speaking primarily as “allophones”). This minority, combined a single language; a recognizable culture; a with the anglophone minority, nevertheless comprehensive body of law and legal tradition; constitutes only about 15 percent of Quebec’s definable borders; sophisticated political population. The fact is that francophone institutions; a viable economy; and effective, federalists have no realistic alternative except well-educated leadership. Many, if not most, Quebec—if they wish to live in the French of the “states” that gained independence culture and language. Although anglophones during the past 50 years lacked any could opt to depart, the overwhelming comparable qualifications—and still lack them. majority of francophone federalists would The anecdotal evidence is just as clear. The stay and come to terms with a sovereign hand of Canada lies very lightly throughout and separate Quebec. Hence, the silence most of Quebec. Outside Montreal, the federal of francophone federalist lambs implicitly maple leaf flag flies almost only over federal suggests the anticipation of eventual defeat institutions such as post offices. In the last (and willingness to accept it if necessary) generation, the majority of the population rather than quiet confidence that Quebec will has come to see itself as Québécois, not always be part of Canada. as “.” Canada is virtually It is useful for policymakers to keep these irrelevant to the average citizen of Quebec— points in mind. Although in mid-2010, polls and particularly so to the four million unilingual

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suggested that Canadians (and Quebeckers) • The youth who supported “yes” in the 1980 believed that Quebec will remain part of referendum appear to have supported “yes” Canada, such is not chiseled in granite. in the same percentages in 1995. They While “every little language doesn’t need did not become more “conservative” (i.e., its own country,” an independent Quebec federalist) over time. could come to pass. Such a state would be a nation of 7 million with substantial natural • Immigrants strongly support federalism, but resources and energy supplies. It would have immigrants are under strong pressure to a well-educated, energetic population with conform to Quebec standards; many leave sophisticated economic and fiscal systems, for anglophone areas. one that is export-oriented and comfortable Federalists continue to leave Quebec. If the with advanced technology. It would be the roughly 200,000 anglophones who departed United States’ fifth or sixth-largest trading Quebec since the mid-1970s had remained, partner. In short, Quebec would not be the 1995 “no” margin would have been much , Uzbekistan, Bolivia, Nepal, or stronger.8 The recent slight rise in anglophone some other developing-world, cringing basket numbers is an unconfirmed trend; anecdotally, case. An independent Quebec politically, the sons and daughters of the traditional socially, environmentally, and economically anglophone population have departed for would look more like Austria, Belgium, or opportunities west of Montreal. the Czech Republic in its problems and prospects. That is, Quebec would be a In mid-2013, the demography was little small “Western,” social democratic-oriented altered. Old Anglos are still dying; young parliamentary democracy with a viable, ones are still leaving. Francophone youth high-tech oriented, “green,” export-directed still support sovereignty, albeit not with the economy seeking to exploit its advantages passion or overwhelming majorities of the (such as proximity to the US market and mid-1990s. Separatist efforts to define the ability to deliver North American technology in limits of “reasonable accommodation” to French), but also vulnerable to the economic immigrant cultural attitudes often appear cycles of its larger trading partners.7 artificial rather than sincere. The impression remains that separatists believe the best Federalism’s Weaknesses Quebeckers are those born in the province— Persist but Are Somewhat Muted and born outside of Montreal.

Following the 1995 referendum, analysts Beyond demographics, however, other examined some demographic factors affecting negative forces exist for federalists. Prime the prospects for federalism in any future Minister Chrétien was profoundly unpopular referendum. They were not cheering: in Quebec; his successor as Liberal leader (Stéphane Dion) was equally reviled and • The elderly are disproportionately the next Liberal leader (Michael Ignatieff) federalists. They are dying. generated no traction in the province. Chrétien’s commitment to federalism, his • Youth votes are disproportionately history of opposition to Quebec’s desire separatist. They continue to join the for constitutional reform, and his “common electorate.

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man” personality made him English Canada’s opponents derisively when election looms. favorite Quebecker, but these factors sold badly in his home province. Although The New Democrats’ historic victory also does Chrétien is now deep into retirement, he is not provide a lifeline for federalism in Quebec. far from forgotten and certainly not forgiven. Many of the original 59 New Democratic MPs Regardless of whether one hated Pierre Elliott (now 57) were open separatists, with the Trudeau, one had to respect him. Dion had thinnest veneer of federalism. Although Layton Chrétien’s negatives without his relieving was a Canadian nationalist, NDP official sense of humor and political effectiveness. policy accepted that a referendum victory of Having been defenestrated from Liberal “50 percent plus one” would be sufficient for Party leadership following the 2008 election separation. And most NDP MPs will reflect disaster, he has no residual resonance in their constituents’ pro-sovereignty attitudes Quebec despite remaining as a federal MP. if they wish to be re-elected; by mid-2013, Nor did the subsequent Liberal leader, Michael slippage in NDP support (and commensurate Ignatieff, regain ground for federalists. His rise of both Liberals and the Bloc) indicated ostensible positives (“clean,” French-speaking, shallow support. Likewise, there were family—albeit distant—connections with the questions regarding the “roots” of NDP MPs province) were not beneficial. Even before the in their Quebec ridings, with many reportedly May 2011 election, Ignatieff was frequently failing to do the grinding constituency work viewed as a failure having mangled, inter alia, vital to assure re-election against humiliated relations with members of his Quebec caucus. Bloquistes seeking to regain their positions. Ignatieff’s instant departure for academia After the 1995 referendum, Ottawa was indicated essential disinterest in anything in viewed as having failed to deliver on its Canada other than obtaining power. Grappling promises of new benefits for Quebec. with regaining some semblance of political Quebec separatists dismissed the creation coherence, in early 2012, interim Liberal of a parliamentary veto and recognition of leader Bob Rae had the strength of good Quebec’s distinctness as trivial in comparison colloquial French but little on-the-ground to embedding these rights in the constitution. support outside traditional anglophone ridings. The devolution instituted under the Liberals, The ascent to the Liberal federal leadership notably workforce training, appears to be of Justin Trudeau (PET’s son) in March 2013 credited to Parti and Bloc Québécois pressure breathed new hope and new life into the rather than to Ottawa’s flexibility. Indeed, Liberals nationally and provincially. Canadians Quebeckers at the time were far more familiar and Quebeckers are still determining whether with “Plan C” elements such as “partition” he is “Just-in-time” to save the Liberals or strategies and Government of Canada support “Margaret’s son,” implying that even at 41, for Guy Bertrand’s idiosyncratic challenge to he is immature and mistake-ridden. He will the legality of Quebec’s referendum law than have two-plus years to transform doubtless with any “Plan B” “carrot” elements. charisma into electoral effect. Mid-2013 polls Moreover, there remains the legacy of the suggest that he is driving Liberal support “Sponsorship” scandal, albeit fading, which upward both federally and in Quebec, but came to public notice in 2004 and may have Harper’s Tories are current masters in defining permanently tarnished the Liberal brand

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among francophones. As it evolved through the Auditor General’s analysis and juridical The Role of the United States investigations under Judge ’s and the Quebec Nation Commission of Inquiry in 2005, there was substantial bribery and malfeasance in As readers will be aware—perhaps all too awarding contracts to advertise the virtues of well—the United States historically has paid for Quebec. Quebeckers little attention to Canada or Quebec. It is were disgusted with the corruption, but simply “up there”—the attic for the United even more infuriated by puerile efforts to States where bad weather is stored for bribe them with their own tax dollars. The winter release. Although Canadian historians implicit destruction, or at least the continued doubtless can recount the various statements heavy handicapping, of the federal Liberals by one U.S. politician or another, fuelled by in Quebec deprives Quebec provincial rhetoric or perhaps something stronger, to federalists of what was previously one of their the effect that a united North America was most reliable supporting pillars. The further inevitable, it clearly is not an objective that reduction in the 2011 election of a slim federal struck any particular resonance in the United Liberal contingent in Parliament demonstrated States; it was never a driving force politically, brutally that rebuilding efforts for the federal and certainly is irrelevant today. Certainly, there Liberals have not gained traction. The problem is no interest among U.S. conservatives for now appears to require long-term rebuilding adding 34 million liberal Democrat equivalents rather than simple remodeling with Justin to the body politic. Trudeau as its new leader. To be blunt, had the United States desired Accentuating the collapse of the Liberal Canadian territory from any point dating “brand” has been the grinding demoralizing from 1867 onward, it would have acted revelations emerging from the mid-2013 directly to seize it. Doubtless the effort would ongoing Charbonneau commission. The have been resisted by Canadians, but the sordid stories of corruption and payoffs have overwhelming likelihood remains that the entrapped a wide range of provincial Liberals, United States would have succeeded in a making their recovery prospectively more military attack. Whether such an aggressive difficult. The expectation is that Charbonneau action would have been wise, legal, moral, initially focused on municipal malfeasance, but or whatever, is beside the point. Our restraint more significant will be the review of provincial came from ourselves—not because Canadian ministries long under Liberal control. The military strength or global opprobrium would dominant Quebec figure of the past 20 years, have prevented this action. But somehow “Captain Canada” Jean Charest, was defeated Canadians always forget this point. in his own riding in the 2012 election, and has snuck away into something that can be And this restraint derives from our essential defined as retirement. His successor as leader principle of noninterference in the affairs of of the PLQ, , reportedly others (honored in the breach as some readers wants to bite into the poisoned apple of may believe) and the Wilsonian principle of self- constitutional issues, a position demonstration determination, that is, peoples have the right to more daring than discretion. choose independence—or not.

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To be sure our interest in our nearest preference would be that the commonwealth neighbors, Canada and Mexico, is greater stay as it is and that there not be a separate than it is in , Chad, or Mongolia. And Quebec province. But that’s a decision for just as Canadians have felt free to express the Canadians to make. And I would certainly their opinions over how the United States make no private or public move to try to should be governed, U.S. leadership is not determine the outcome of that great debate.”9 unwilling to make its point of view known either. Nevertheless, nonbiased observers can For this statement, Carter was taken to task, conclude that we have adhered reasonably notably by the U.S. press in a Washington well to both the principles of noninterference Post editorial that questioned “any statement and self-determination of peoples. that smacks of interference in internal Canadian affairs.” It further suggested that Certainly, given the global and historical Carter the citizen or even Carter the candidate alternatives, life beside the United States has could have a “personal preference,” but that been congenial. what Carter the president says assumes “the full weight of official American policy.” The Following is a brief review of recent U.S. editorial ended by counseling that Carter official positions regarding Canada. should have simply said that Quebec’s future is a decision for Canadians to make.10 The Carter Presidency (1977-1981) One obvious consequence of the developing Quebec independence movement was a What may be blithely called the modern classified U.S. interagency study completed era of the Quebec independence began, in August 1977, titled The Quebec Situation: so far as U.S. recognition of such, in the Outlook and Implications. Eventually, it 1970s with the rise of the Parti Québécois. became public knowledge when it was As the PQ phenomenon and its victory in obtained through a Freedom of Information the 1976 Quebec election was the first Act (FOIA) request by author Jean-François significant independence movement in North Lisée and incorporated in his 1990 book, In America for more than a century, it was the Eye of the Eagle. One can be sure that doubtless a subject of attention. And so, freedom of information requests on Canadian following meetings in Washington with Prime issues have been handled with much greater Minister Trudeau on February 23, 1977, care in subsequent years. President Jimmy Carter was asked in a press conference whether there was U.S. concern Although elements of the study are dated, over the future of a united Canada and there are some useful passages that are whether the United States could do anything still worthy of recollection. Thus in the final about it. sections on “U.S. Preference” and “U.S. Policy,” the language states flatly that “U.S. Carter replied that there was a great deal preference, as stated by the President, is a of U.S. concern and that he had “complete united Canada.” It continues confidence…in the sound judgment of the Canadian people.” He elaborated in the first “It is therefore in our interest of the U.S. statements that would become that Canada resolve its internal “the mantra” by saying, “My own personal problems. How this is done is of

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course primarily for the Canadians To the author’s personal knowledge, which themselves to decide, but we have one might take as indicative but not definitive, a legitimate interest in the result and the United States has not formally revisited must consider whether there is any this 1977 study. It has been neither endorsed positive policy in this regard that we nor gainsaid. To be sure, over the intervening can pursue.… decades there has been analytic reporting by the pound from the U.S. Embassy in Ottawa “It should also be kept in mind and our consulates in Montreal and Quebec that Quebec does meet generally City; nonetheless it appears the United accepted criteria for national self- States deliberately decided not to revisit the determination in the sense of ethnic assessment. Anecdotally, when the question distinctiveness in a clearly defined arose in 1995, the U.S. Embassy in Ottawa geographic area with an existing argued against such an assessment on the separate legal and governmental grounds that (a) the knowledge that such an system. There is also no question assessment was being done would leak; (b) regarding the basic long-term viability regardless of the judgments, the fact of such a of an independent Quebec in the study would imply that the United States was economic sense or in regards to its preparing for an independent Quebec; and (c) ability to be a responsible member of “sufficient onto the day is the evil thereof,” that the family of nations. The unresolved is, U.S. reaction to an independent Quebec and determining factor is and must would not be driven by any previous study, be the will of the people of Quebec.” but by political decisions at that time.

The study identifies the basic positions of the It is clear that the United States adhered to United States: the public positions identified in the policy study. When visiting Ottawa on April 23, “The U.S. considers the Quebec 1980, Secretary of State Cyrus Vance was situation to be one for the Canadians questioned regarding U.S. policy toward the themselves to resolve; forthcoming May 20 Quebec referendum. The “The U.S. considers Canadians secretary responded simply: “Our view is that completely capable of resolving the this is an issue which should be decided by question; and the Canadian people and will be decided by the Canadian people.” “The U.S. prefers confederation.” Not content with this statement, another In operating on these lines, the study proposed reporter tried again by asking if the United that the United States adhere publicly to States would recognize Quebec’s right to self- these positions (reflecting the February 1977 determination if it decided on independence. statements of President Carter) and privately No fool he, Secretary Vance characterized it as with Ottawa “reiterate its expressed willingness a “speculative” question on which he did not to consider ways we might be helpful on wish to comment. He continued by saying: “I the Quebec question…” if the Canadian have already stated that this is a question for government thought that would be useful.11 the people of Canada to decide.” He ended with a terse, “That is all I wish to say.”

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But Canadian reporters are persistent, not mention the word “Quebec” or touch and still another circled back to the issue on national unity. Instead, twice interrupted by suggesting that Secretary Vance was by hecklers (politeness being reserved for not going as far as President Carter had non-Americans), the speech addressed the done in expressing his interest that Canada politico-military challenges of the still frigid stay together. Staying on message, Vance Cold War to include the logic behind strategic emphasized that he was “not repudiating missile defense, comment on the possibilities anything the President said. I’m saying that of a free trade agreement, and movement this is a question for the Canadian people to toward an agreement on acid rain.14 decide.”12 While in their many conversations and Pretty clear. The emphasis was meetings, particularly at the “Shamrock noninterference and self-determination. Summit” in Quebec City in March 1985, there may have been private discussion of Quebec The Reagan Years (1981-1989) nationalism, it was not a subject reflected in Reagan’s public papers. But the short During the Reagan administration the Quebec judgment appears to be that Quebec was issue appeared resolved; the 1980 sovereignty- simply not an issue and fell into the “sleeping related referendum, even in elliptical form, had dog” category. been cleanly defeated. By 1985 the PQ was out of office, the federalist-oriented Premier The George H. W. Bush was in power, and impetus Administration (1989-1993) for sovereignty was at low ebb. Apparently stimulated at least in part by the This was also a period when the U.S. release of the previously classified 1977 U.S. secretary of state and the Canadian foreign study of Quebec in Lisée’s Eye of the Eagle minister met once or twice a year to “review analysis and the ongoing effort by Prime the bidding.” While presumably “Quebec” as a Minister Mulroney to review the status of topic was included as a tab in briefing books, Quebec within Canada, the issue resurfaced it surely did not feature in public comments during the Bush administration. or press conferences—at least not in readily available reference material. At least twice, the president addressed the topic. A typical meeting in October 1984, for example, highlighted discussion on the hot During a news conference with Prime Minister environmental topic of the era: acid rain. At Mulroney in Toronto on April 10, 1990, several points, both Secretary George Shultz President Bush was asked whether he was and Foreign Minister Joe Clark observed that concerned with the rise of independence it was possible to disagree without being sympathy in Quebec. In response, he disagreeable.13 commented: “I think, rather clearly, that’s a matter for Canada; and it’s not a matter that The topic was so far removed from day-to- would be helpful for me to involve myself day political realities that President Reagan’s in or the United States Government to be address to Parliament on April 6, 1987, did involved in. It’s the internal affairs of Canada.

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We have always enjoyed superb relations There is, however, a slight albeit subtle with Canada, and a unified strong Canada is variation between the April 10 and April 16 a great partner—has been, and will continue statements. That is, in the April 10 statement, to be. But I think it would be inappropriate to the initial remark focused on nonintervention comment further on a matter that is not an with the second statement referring to agenda item nor one that I feel comfortable the positive nature of the U.S. relationship getting into.15 with a strong, united Canada. In the April 16 statement, the emphasis is reversed. It Less than a week later, at a press conference opens with the stress on the “most cordial on April 16 with foreign journalists in relations with a unified Canada,” followed by Washington, President Bush was probed a commitment to noninterference in Canada’s twice on the Canadian national unity point. internal affairs.

The first question cited the declassified U.S. Whether anyone in the George H.W. Bush material to ask about current U.S. concerns administration reviewed the 1977 policy paper over its relations with Canada and Quebec. in detail, the results were still the same; that Apparently, half in jest, Bush responded is, national unity is Canada’s business, but the that the United States would “courageously United States prefers a unified Canada. One sit on the sidelines.” More specifically, he can detect a strengthening in the emphasis commented, “We have always enjoyed the of preference for a unified Canada. Thus the most cordial relations with a unified Canada… relations are described as “superb” and “most this is not a point at which the United States cordial” with a unified Canada depicted as ought to involve itself in the internal affairs a “great partner.” Nevertheless, President of Canada. And a few minutes later, when Bush’s most emphatic emphasis is on “keep pressed further by a journalist as to why the out of this issue.” United States was emphasizing its preference for a “strong, unified Canada” and what The Clinton Years (1993-2001) difference it made whether or not the United States dealt with a separate Quebec, Bush As Canada entered the last decade of the stressed that: “…It makes the difference that twentieth century, the prospect of renewed this is the internal affair of Canada. And I learned crisis over Quebec’s status within the Canadian something long ago: Do not intervene in the confederation was as visible as a slow motion internal affairs of another country. That’s pretty train wreck. The Mulroney government had hard sometimes. In this one, it’s easy.”16 exhausted itself with increasingly divisive efforts to resolve the Quebec-Canada relationship. Since George H. W. Bush did not address Both of these efforts, the Meech Lake Parliament, there is no formal text directly Agreement and the Charlottetown Accord, had addressing Canadian issues at the highest level. failed in memorable acrimony. Heading into Nevertheless, analysis of the foregoing media- 1993, the Tory government wasn’t “toast,” it directed statements is pretty uncomplicated: was cinders. And a Liberal government was as noninterference and self-determination. The likely to return to the constitutional wars as to first response by President Bush is somewhat seek to become “the 51st state of America” (to unstructured; the second appears to reflect a quote a prominent Liberal politician of the day). tighter briefing book type statement.

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That left the next step to Quebec that it was all well and good to say that sovereignists—and to be sure, they had a plan Quebec was an issue for Canadians to that they clearly communicated. Then-deputy decide, but “separatists took this to mean the PQ leader, Bernard Landry, spoke to a U.S. United States could live with any result, or diplomat of a “three part game.” First, defeat didn’t care, or secretly favored separation.”17 Mulroney; then defeat Liberal Quebec premier Ambassador Blanchard, as described Robert Bourassa; then hold a referendum. throughout his account, pressed (with the Thus there were no surprises associated with agreement of the Canadian government) for the game plan, and one unspoken subtext stronger formulations of U.S. support for the was to assure that the United States did not existing Canada. respond to developments from surprised ignorance or unscripted reaction. The The first element of this repositioning came question was whether the sovereignists would with President Clinton’s visit to Canada and be able to execute their plays. One recalls the his speech to Parliament on February 23, Vince Lombardi maxim with the 1960s Green 1995, in which he presented a relatively Bay Packers: he didn’t care if the opposition standard rendition of the mantra: “The United knew what plays he would run, he simply States, as many of my predecessors have believed that they could not be stopped. said, has enjoyed its excellent relationships with a strong and united Canada, but we Thus, during this 1992-95 period, the U.S. recognize…that your political future is, of government stuck with its basic mantra: “The course, entirely for you to decide. That’s what United States enjoys excellent relations with a a democracy is all about.” The statement strong and united Canada. Canada’s political was deliberately followed by a quotation future is, naturally, for Canadians to decide.” from President Truman’s 1947 address to Parliament: “Canada’s eminent position To repeat the point, the “mantra” language today is a tribute to the patience, tolerance, struck two themes: support for Canadian and strength of character of her people. unity and recognition that internal Canadian Canada’s notable achievement of national domestic issues are for Canadians to decide unity and progress through accommodations, (the Wilsonian concepts of self-determination moderation, and forbearance can be studied of peoples plus noninterference with Canada). with profit by sister nations.” And Clinton Analysts will note again the importance of concluded by saying, “Those words ring every placing our positive statement first. Likewise, bit as true today as they did then.”18 they may note that indicating that the decision was for “Canadians” to decide; the United During the day, President Clinton States did not indicate which “Canadians.” subsequently defused the virtually mandatory Although the U.S. preference was obvious meeting with the leader of the Official (for who would want to alter an “excellent” Opposition, Bloc Québécois leader Lucien relationship?), over the years the political Bouchard, by meeting with both Bouchard impact of the formulation was perceived by and Preston Manning, leader of the slightly some to have lessened. smaller Reform Party. The president did not engage in any substantive discussion Ambassador James Blanchard, as recounted with Bouchard and deliberately avoided the in his memoir, notably indicated his concern

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standard “grip and grin” photo. Later that united Canada. I think it is probably evening, at the formal dinner in the Museum useful for me to say that we have of Civilization, he concluded his remarks with very carefully cultivated our ties “Long live Canada! Vive le Canada!” with Canada and they’ve been very responsive in connection with all of In a departing press conference, the president those ties. I think we shouldn’t take declined further elaboration, noting in for granted that a different kind of response to a question the reality which was organization would not obviously obvious to all except the inquiring reporter, have exactly the same kind of ties. “I said everything I had to say yesterday, and And I don’t want to try to participate I think that most reasonable people reading in the internal debate there in any or hearing my words knew what I said and way, but I do want to emphasize processed it accordingly.” In response to the very, very important value that further prodding as to whether he preferred we place—the high value that we to see Canada united, Clinton commented, place on the relationships that “You can assume that I meant what I said we have with a strong and united yesterday.” Canada, as reflected by the kind of And so circumstances stood until well into personal relationships that I have the October referendum campaign. As noted with the foreign minister and that the above, through much of the summer and president have [sic] with the prime 19 early fall, the federalists believed themselves minister.” solidly in command of the argument, and Although the core of Secretary Christopher’s their belief was reflected in the polls. convoluted statement was the “mantra”— However, following Bouchard’s assumption essentially repeated twice—the new element of leadership in the referendum campaign, was the intimation that “we shouldn’t take for the polls tightened considerably, and U.S. granted that a different kind of organization language was adjusted further. would not obviously have exactly the same Consequently, during a Washington visit by kind of ties.” Presumably this sentence was then Foreign Minister André Ouellet—timed to imply that the many political and economic not accidentally for late October—Secretary of bilateral agreements with Canada would not State Warren Christopher outlined U.S. policy instantly apply to an independent Quebec. in somewhat more extended form in a press But the statement was opaque and lawyerly; availability on October 18: it could be read as the obvious—the relations between three countries would be different “I don’t want to intrude on what than the relations between two. But what that is rightfully an internal issue in reality would mean in practical terms was not Canada. But, at the same time, I even hinted. want to emphasize how much we’ve benefited here in the United States Understanding that the referendum issue from the opportunity to have the kind remained very much in doubt, on October of relationship that we do have at 25 President Clinton followed with an the present time with a strong and orchestrated response to a prearranged press

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question in a self-described “careful answer.” Federations Conference in Mont-Tremblant, Quebec. At this juncture, speaking on Echoing the 1947 Truman statement federalism generally, and with Quebec’s then- (cited above) in his address to Parliament, Premier Bouchard in the audience, Clinton Clinton spoke of Canada as a “model...of offered a further elaboration on the U.S. how people of different cultures could live perspective. The speech he delivered, which together in harmony.” While noting that the was significantly longer than his address referendum was “a Canadian internal issue to Parliament (and reportedly much of it for the Canadian people to decide” and “in composed extemporaneously), included a which he would...not presume to interfere,” traditional “mantra” style statement and the the president emphasized that “a strong and following excerpts: united Canada has been a wonderful partner for the United States, and an incredibly “…In the United States, we have important and constructive citizen throughout valued our relationship with a the entire world.” He continued that strong and united Canada…the “everybody’s got problems,” but Canada is partnership you have built between “a country that is really doing the right things, people of diverse backgrounds and moving in the right direction [and that] has the governments at all levels is what this kind of values that all would be proud of.” He conference is about and, ultimately, closed his remarks by stressing that Canada what democracy must be about …” has been “a strong and powerful” ally” and …”a great partner for the United States, and I “It seems to me that the suggestion hope that can continue.”20 that a people of a given ethnic group or tribal group or religious This was a strong, straightforward statement; group can only have a meaningful the positioning of the “noninterference” communal existence if they are an language is clearly subordinate to the positive independent nation—not if there is no views of a united Canada. Nevertheless, the oppression, not if they have genuine specific effect of this statement is unknowable. autonomy, but they must be actually As it was delivered on the same day that Prime independent—is a questionable Minister Chrétien and Bouchard addressed the assertion in a global economy where country, its effects were muted. Still, for those cooperation pays greater benefits who were conditioning their position on the in every area of life than destructive views of the United States, these were perfectly competition…. clear. And consequently the success of the “no” vote on October 30, 1995, has many “We have spent much of the 20th fathers claiming parentage. century trying to reconcile President Woodrow Wilson’s belief that different The Mont-Tremblant Codicil nations had the right to be free— nations being people with a common In the waning days of his presidency, on consciousness—had a right to be a October 8, 1999—less than a year before State and the practical knowledge the presidential election, President Clinton that we all have that, if every racial returned to Canada to address the Forum of

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and ethnic and religious group that problems of federalism and independence occupies a significant piece of land were drawn from current international not occupied by others became a problems, e.g., the former Yugoslavia, East separate nation—we might have 800 Timor, and various African tribal groups. Thus countries in the world and have a the speech could have been given anywhere very difficult time having a functioning in the world with federalism as its theme. economy or a functioning global Although there was a burst of fuss and polity. Maybe we would have 8,000. feathers in the media, subsequent reference How low can you go?... to it was rare.

“I think when a people thinks [sic] it Further Evolution of the should be independent in order to Formulation and the George W. Bush have a meaningful political existence, Administration serious questions should be asked: Is there an abuse of human rights? Is In effect throughout the George W. Bush there a way people can get along if presidency, the U.S.-Canada-Quebec they come from different heritages? issue returned to the proverbial “sleeping Are minority rights, as well as majority dog” status of the 1980s. We had many rights, respected? What is in the political, economic, social, and foreign policy long-term economic and security differences throughout the Bush incumbency; interests of our people? How are many went unresolved in the near term and we going to cooperate with our are equally unlikely of solution in the long neighbors? Will it be better or worse term. None, however, has involved national if we are independent, or if we have a unity. Canadian political developments, federalist system?... including continuation of the Liberals in power (succeeded by a federalist Conservative party “I think the United States and Canada in 2006), the passage of the “Clarity Act” are among the most fortunate endorsed by both Liberals and Conservatives, countries in the world because we and the election of a federalist party in have such diversity; sometimes Quebec put national unity as an issue aside concentrated, like the in the during the “Dubya” Bush incumbency. north; sometimes widely dispersed Although “asymmetric federalism” again within a certain area, like the diversity reared its head following agreement on health of Vancouver. We are fortunate funding between Ottawa and the premiers, because life is more interesting and and both the PQ and the ADQ advanced fun when there are different people views on Quebec’s position in (or out) of 21 who look differently….” Canada, the desire to return to constitutional revision was nominal. And with the PQ out This Clinton speech, however, had only of power, its preferences were politically short-term effect. Although at least implicitly irrelevant. directed at Quebec, there was but glancing reference to the province by name in the Consequently, the latest U.S. variant of the extended address. Instead, the examples of “mantra” rested quietly in briefing books

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and press availability folders. At the time of An analyst could conclude that the United a Quebec studies conference in November States returned to its basic position of 2004, it reportedly would have been stated approximately 15 years earlier. It eliminated along the following lines: “The administration’s the persiflage and convoluted linguistic position on Quebec’s constitutional status is elaboration in attempting to support Canadian that it is an internal matter for Canadians to national unity without opening itself to decide according to their own political and charges of interfering in Canadian affairs legal system. The United States has always or betraying essential principles of national valued its close and productive relationship self-determination. Our preference remained with a strong and united Canada. We greatly clear: noninterference and support for self- admire what Canada has achieved, and see it determination. as a model of how different people of different languages and traditions can work together in The Obama Administration peace, prosperity, and respect.” Although there is an almost genetic political There was not much that could be teased lust to revise the structures and formulations out of such language other than the general of previous administrations, the Obama observation that each administration wants administration as of mid-2013 had not to put its “stamp” on policy formulation. The significantly altered the previous scripted formula led with the non-interference and reaction, perhaps because there has been self-determination sentence that had been no requirement to deploy it. That said, the reduced in visibility for Clinton era language. administration has been neck deep in major Does “close and productive” vary significantly domestic and international problems from from “excellent” (Clinton’s parliamentary the moment the last echoes of the inaugural speech)? It is less effusive than Clinton’s speech left the Capitol steps. There are October 25, 1995, comments labeling Canada specific long-standing bilateral problems but “a strong and powerful” ally” and “…a great these are systemic, not existential. And the partner for the United States, and I hope that “Quebec sovereignty” issue is the equivalent can continue.” On the other hand, the final of a canister clearly marked “worms” that sentence reflects the tone, if not the exact there is no reason to decant. words, of Clinton’s Mont Tremblant speech by offering the United States’ great admiration Thus there is every reason to believe that for for Canada’s achievements and identifying it the near term, we will be prepared to deploy as a “model” for multicultural success. It still a bland statement reiterating the mantra reflects the basic 1947 Truman speech to of U.S. noninterference and Canadian self- Parliament. determination. The most recent of these blandness exercises was expressed by Subsequently, the “mantra” evolved further. As Assistant Secretary of State for Western of mid-2008, its baseline condensed language Hemisphere Affairs Roberta Jacobson conveyed, in effect, the following: “While following the 2012 Quebec election in stating, the U.S. has always supported a strong and “… the question of separatism and Quebec united Canada, this is a matter for Canadians have always been and will always be issues to decide.” to decide between Canadians and not issues on which the United States must decide. We

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therefore see little difference with respect The Essential (and Eternal?) to our relationship with the Government of Question: Do Quebeckers Canada, which remains strong.” Really Want Sovereignty? Retrospectively, Canadians noted privately that the United States “interfered” during the Let us assume that Quebeckers could 1995 referendum, but they appreciated that have independence if they really wanted it. it was done with finesse. At the same time, Although there are experts on the Clarity however, they subsequently remarked “this far Act who identify detailed requirements for and no further” regarding U.S. statements on sovereignty (including agreement by the Rest Canadian national unity. That said, the United of Canada), the government of Canada has States cannot now predict what Canadian said that if Quebec voted “yes” on a clear federalists would ask of Washington in some question, it would be virtually impossible to future referendum campaign. Canadians have prevent independence. Yet, a curious lack of told U.S. officials that U.S. interventions were emotion over the issue now exists in Canada definitive—a judgment difficult to quantify and Quebec. Oh, to be sure, the intellectual during a period when dozens of initiatives fibrillation remains sufficient to fill libraries, but were in play. And, as remarked above, the passion that creates (or sustains) nations success has a thousand fathers, so perhaps appears absent. No Quebeckers are willing the U.S. government shares in the paternity to commit “our lives, our fortunes, and our suit with implicit consequent responsibilities. ‘sacred honor’” for Quebec independence. Conversely, no can be Nevertheless, the United States can assume found in the ROC—no one who could say that at least some senior Canadians believed “liberty and union; now and forever; one and that U.S. action was pivotal and that, no inseparable” and not appear ridiculous. matter what party is in power in a sovereignty crisis, if there is a next time, they will Even less likely is revolution (or suppression of remember the White House phone number. a Quebec rebellion) by force of arms. Indeed, Assuming they will want more than the current such explosive violence might be American, “mantra,” the U.S. administration that next but it is not Canadian. And Canadians has to deal with the issue will need to make sometimes appear rather smug over their a careful calculation whether more open unwillingness to fight to preserve their country. intervention would be counterproductive, “No violence, please: we’re Canadian.” such as in the form of a legal “finding” that an independent Quebec would not qualify for One moves slowly to the conclusion that if the North American Free Trade Agreement Quebeckers could have everything they have (NAFTA). Some assume, perhaps blithely, that now and sovereignty, too, they would vote with sufficient rhetoric the U.S. government “yes” in a heartbeat. But if risks are involved— could assure a “no” vote. But the question if it would lower personal income, rile the arises whether that level of intervention would neighbors, interfere with Saturday hockey prompt the conclusion among Canadians that night, and so forth—they are less interested. Canada exists not on its own merits, but only As the proverbial old lady once said about because the United States wants it to endure. sex, “They can do anything they want to do

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so long as they don’t frighten the horses.” If that now, more than 20 years later, resulted in Quebeckers could get sovereignty without two countries prospering very nicely and with “frightening the horses,” such would be (to amicable relations. mix metaphors) “egg in their beer.” After all, Quebeckers are hardly a persecuted minority. Separatists will happily agree and make the As former BQ leader Gilles Duceppe once same argument, to wit, Quebec independence said, “Canada is not the gulag.” Indeed, would be good for both Quebec and Canada, Quebeckers like Canada; a Maclean’s poll giving each greater freedom to go their own in 1995 cited 91 percent of Canadians as ways without burdening or being burdened by believing Canada was the best country in the the other. world for people to live; and 83 percent of Francophones say that, for the moment Quebeckers were willing to make the same at least, they are going nowhere; having conclusion.22 What bothers Quebeckers is not obtained the “game” of essential political Canada and Canadians; but the relationship control of their province replete with heavy- between Quebec and Ottawa—that is, the duty fiscal support from Ottawa, they are federal-provincial relationship. content to let the “name” hang in abeyance. One prominent francophone journalist put it And this reality is what galls more than a few neatly, “Quebec is not Canada translated into federalists. They are supremely tired of the French.” The current arrangements simply still constant importuning litany for “more” that do not satisfy many Quebeckers, and the long comes from Quebec; separatists are neither term viability of Canada will remain in question grateful nor gracious in their demands. unless and until they are resolved. Particularly amusing (not) was a photograph at the time of the proposed “Coalition” in Let the Erring Sister Go? December 2009 between the New Democrats and the Liberals with implicit BQ support. But interestingly, just as Quebeckers—at The photo caught then-BQ leader Gilles least for the middle term—have appeared Duceppe moving forward with his hand more willing to remain as a “nation” within outstretched, a stance easily interpreted as Canada, the ROC appears more willing to “pay me now—and pay me later.” Nor has let them go. Individuals who would have the creation of a majority Conservative federal been regarded as high-church federalists government following the 2011 election five or 10 years ago now say quietly that the that does not require Quebec support (only political and economic distortions required for five Conservative MPs are Quebeckers) accommodating Quebec may not be worth significantly diminished the attention Ottawa the price. The 2007 reprinting of a small, directs to Quebec. Prime Minister Harper thoughtful book, Time to Say Goodbye, by has taken the “we don’t need you, but we Quebec anglophone suggests want you” approach (HST reimbursement that both Quebec and the ROC could live and Champlain Bridge funding), which in greater harmony as separate states. This demonstrates Quebec’s continued leverage. attitude is reinforced by those who suggest Although the Marois PQ minority government that Ottawa should investigate the parameters as of mid-2013 continued to maneuver to of the Czechoslovakia “velvet divorce” in 1993 further pressure Ottawa for greater financial

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support, it was still a muted effort designed francophones cheer the “Habs” (Montreal not to “frighten horses.” Canadiens hockey team) with reportedly the audience now standing and singing the Nevertheless, Alberta in particular believes Canadian national anthem when they declined that the transfer payments provided to to do so in previous years. These are small Quebec cost every Albertan thousands of straws in a gentle breeze that would not dollars per year. Quebec sovereignists bitterly survive a referendum maelstrom, but not dispute the statistics calculating how much previously blowing in the wind. Quebec benefits, claiming that they receive no more than they give to Ottawa in taxes. Nevertheless, in short, if a nation is not willing Illustratively, in an outburst of vitriolic vocal to fight to survive, it puts its future, even its irritation, the frequently irritated premier of existence, at risk with every referendum. Newfoundland and , Danny Williams, blasted Quebec in June 2010, claiming the What Would an Independent “tail is really wagging the dog, and it must Quebec Mean? stop.” Williams and Newfoundland and Labrador were engaged in a long-standing argument over hydroelectric production and It has been many years since a transmission fees (a 65-year contract lasting comprehensive national estimate was made until 2041 that significantly disadvantages of the effects Quebec independence would Newfoundland and Labrador). And while such have on the United States. As noted above, impatience does not lead to the conclusion the most widely known official estimate was that Canadians would happily say “goodbye” done in 1977 and inadvertently published in were a new referendum to arise, it suggests 1990 in Jean-François Lisée’s, In the Eye that Canadian unity may persist as much of the Eagle. If there is ever a “yes” vote in by apathy and lack of challenge than by a referendum, the results for Canada and the personal passions of its citizens. When Quebec will occur in slow motion rather than every benefit accorded Quebec is regarded in revolutionary lightning bolts and blood in the as obeisance to a spoiled sister rather than streets; they will allow time for comprehensive cheerful sharing of the family largesse, it is a U.S. assessment. Nevertheless, some bad omen for family harmony. baseline judgments are possible:

Indifference Quebec Is Not a Security Threat

Still there are those that have seen a modest In its early days, the potential for a PQ-run rebuilding of the sinews of national unity— Quebec becoming “a Cuba of the north” was or at least benign acceptance. The 2010 much bruited about. The PQ was depicted Vancouver Olympics was carefully designed as another variant of the terrorist Front de la and scripted (particularly following some Libération du Québec (FLQ) with a radical opening ceremony complaints) to balance socialist agenda. Others worried over a gap the use of both the French and English in North American air defense (NORAD) and languages, and Quebeckers were prominent a weakened Canadian commitment to NATO. medalists. Moreover, both anglophones and

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Time has eliminated such concerns. The Quebec does not have Canada’s strongest Soviet air threat no longer exists. Separatists economy; British Columbia and Alberta are in plausibly promised continued commitment better shape and, for all its circa 2013 prob- to NATO and NORAD. Indeed, any Quebec lems, Ontario remains Canada’s powerhouse military is likely to be small, lightly equipped, (Table 1). Nevertheless, Quebec’s budget has and focused on UN peacekeeping at the been balanced in the past and, as the Great maximum, as Quebec’s interest in military Recession ends, it appears reasonably sound. security that results in body bags has been Still, Quebec’s unemployment statistics, debt and remains marginal. levels, and taxes are above Canada’s aver- age. Nor is provincial governance particularly Quebec is Democratic efficient—but neither is it blatantly corrupt (al- though the Charbonneau Commission’s find- At inception, the PQ’s commitment to ings may alter this judgment), and the society democracy was questioned. Although the PQ and economy work relatively well. has social democratic roots and an element of social and labor activism, more than 40 Quebec’s commitment to free trade, as years of history have proved its democratic epitomized in the bilateral U.S.-Canada track record. It has won and lost elections, FTA and subsequent trilateral NAFTA, is a contesting them within the framework of political absolute—a sine qua non for an parliamentary democracy. The PQ has made export-oriented economy. Indeed, the PQ no calls “to the barricades.” Péquistes are can claim with considerable justification that political professionals and know that winning its support throughout the 1988 Canadian an election is just the first step toward losing election was pivotal for free trade, as both one subsequently—and vice versa. Liberals and New Democrats opposed such an agreement, and Quebec’s seats were vital Quebec Has a Solid Economy for Mulroney’s reelection. Quebec’s former premiers, Bernard Landry and Jacques

Table 1 Canadian Provincial Economies, 2011 (All monetary figures in Canadian dollars)

Ontario Quebec Alberta British Columbia GDP in billions (C$) 654.5 345.8 295.2 217.7 Growth (percent) 1. 8 1. 9 5.1 2.8 Unemployed 7. 7 7. 4 4.5 6.3 Percentage (2012)

Note: Figures demonstrate Quebec’s strong, but mixed, economic picture. To provide some perspective, Canada for 2011 had a 2.6 percent (constant dollar) growth and 7.0 percent unemployment in 2012.

Source: “Provincial and Territorial Economic Accounts

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Parizeau, were both sophisticated economists again have adhered to it. Still, Quebec and the drivers behind the PQ commitment begs the “what if” question and, while our to free trade—a commitment that has politicians have artfully avoided any public persisted after their retirement. Quebec’s speculation, that does not prevent non-official economic dependence on the United States citizens on both sides of the border from would be at least as strong as Canada’s. playing the “what if” game. Consequently, the separatists are notably twitchy over U.S. intimations that NAFTA entry To repeat: U.S. attitudes toward Canadian for an independent Quebec would involve unity are self-interested. Better the devil you “numerous, complicated legal issues” with “no know than two devils you don’t. There is no assurances on accession” for Quebec. more intermingled, absorbingly mutual, and complex international interrelationship than that between the United States and Canada; Prospects for violence are indeed, there probably are no elements of overblown our societies that do not relate to each other Some apocalypse-tomorrow scenarios (for in some manner. Attempting to recreate a example, Breakup by Lansing Lamont) have relationship would be endlessly complex, and suggested substantial violence attending a with the litigious attitudes that characterize separation of Quebec from Canada, but these both countries, one can be sure that we exercises appear more novelistic than realistic. would be sorting out the legal ramifications This is not to ignore the prospect of violence, of a breakup of Canada long beyond the but the specters of Bosnia intimated by some life expectancies of those who smashed the federalists are absurd. Is Canada less civilized crockery. Doing probate over the estate of than Czechoslovakia? Less rational than “Old Canada” while trying to manage relations Norway or Sweden? No. Far more likely would with successor states would be challenging. be intense negotiations, bitter hard feelings We have, even at the worst of times, an and recrimination, and a degree of economic effective working relationship with the Canada unease, lasting a generation. we know. Absent the massive depredations associated with the worst of regimes, we have But What If? been historically reluctant to call for change, let alone to urge the breakup of a country. So far as the United States is concerned, the past is prologue. No one should expect In that regard, doubtless we are conditioned significant change so far as bilateral policy by our historical experience of the Civil War, and “mantra”-style language. For more than which remains the bloodiest conflict in which three decades, the U.S. government has been we have ever engaged so far as the loss of remarkably consistent in its basic premises American lives is concerned. And the number that we hope that Canada will stay united of countries able to negotiate a “velvet (it is in our self-interest), but the country’s divorce” such as Czechoslovakia transmuting political future lies in its own hands. Mantra into Slovakia and the Czech Republic is fewer language has been fiddled, but several U.S. than those whose citizens vigorously and administrations of Democrats, Republicans, apparently cheerfully slaughtered one another Democrats, Republicans, and Democrats while separating, e.g., Pakistan and India and

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Yugoslavia’s shard states. Consequently, even An Interim Conclusion when elements of a country are rending their socio-political fabric, we have urged that they The United States has a strong and continuing resolve their problems and give national unity interest in Canada and Canadian unity. another chance. One U.S. objective in our bilateral relations Perhaps we are international marriage remains Quebec-Canadian stability. In this counselors rather than divorce lawyers. regard, it does not really matter which party is governing in Ottawa or what other points Were Canada to totter again to the brink, of discord or congruence exist in our bilateral the United States would again repeat its relationship. No nation works perfectly, and a concerns. If history is any guide, we would multicultural, multiethnic society has problems make statements (with intensive private inherent in its composition. Instinctively, the coordination with the federal government) United States sees parallels between itself designed to walk again the careful line that and Canada as alternative North American we navigated in 1995. Perhaps, we would societies; and it wants its northern neighbor dust off some of the old studies suggesting to “work” and to succeed in its experiment as that “things would not be the same.” And an implicit harbinger of fate of the comparable countervailing studies would appear saying, U.S. social experiment. That said, at times “things would be better.” But these are the even the best of friends or the most skilled type of studies that lawyers are paid to of counselors cannot make a relationship produce: you ask your lawyer to provide an function, particularly if one of the partners opinion supporting your position and you does not want it to do so or has given up on get what you purchased. What the reality the concept of the relationship. would be may or may not accord with the particularistic study. Just as it takes two to make peace but only one to make war, it takes two to make Nevertheless, while unenthusiastic about a relationship work, but only one to rip it countries dividing up, the United States has asunder. accepted de facto realities. Thus our relations with the states of the former Thus, although it is clear that a united are straightforward, as are our relations with Canada is in the U.S. interest, it is equally the broken crockery of former Yugoslavia, clear that the United States could live with a which demonstrate just how contentiously disunited Canada. Present and future U.S. unpleasant such separation can be. And, administrations should and will continue to be sure, if these countries chose to to express support for a united Canada, reassemble their smashed dinnerware, we but its dissolution would be a pity rather would not argue that it need not be done. than a global tragedy—and certainly not a catastrophic tragedy along the lines of those And there is no reason to believe that our one could name from the history of the relations with Canada, whole or in part, would twentieth or thus far in the twenty-first century. not follow a comparable form. And that is not to say that a separating Canada would At the same time, the Quebec versus Canada content itself with dividing into only two parts. contretemps demonstrates a duality that

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the United States must avoid: a section of the government of Canada should conclude the country that becomes an enclave for a that the United States government could play distinctive ethnic, religious, or linguistic group. a useful role.”23 Nevertheless, U.S. support for There is no issue that Canada encounters Canada cannot be open-ended and any U.S. that does not devolve into a Quebec-ROC administration should retain for its ultimate issue, and consequently Canadians expend guidance the assessment’s conclusion: “The disproportionate energy on the political unresolved and determining factor is and must equivalent of keeping two standing canoeists be the will of the people of Quebec.”24 from capsizing the craft. Thus if there is ever an independent Quebec, In the words of the 1977 policy assessment, Vive le Québec. If not and until then, Vive le the U.S. government should “reiterate [its] Canada and “Long Live Canada.” expressed willingness to consider ways [it] might be helpful on the Quebec question, if

213 ALTERNATIVE NORTH AMERICAS 11 REGARDING THE WEST: THE BEST OF TIMES AND ITS DISCONTENTS

s we move deeper into the second exuberance in Alberta that some would label Adecade of the twenty-first century, there “American.” Even more than that, others is a variety of observations to offer about the would say “Republican.” Wrong. Wrong on Canadian West and its wish for a revised both counts. Although there are certainly status in the Canadian political spectrum. close connections between the Alberta and The following discussion will avoid lumping U.S. economies, even closer than for much Manitoba and Saskatchewan into “the West” of the rest of Canada, Alberta economics and as these provinces can no more be described politics are very Canadian. Indeed, former as the “West” than Kansas and Iowa can be U.S. Ambassador James Blanchard has described under the same rubric as Colorado said that he tells Canadians that he simply and California. Thus this analysis, with an describes Alberta as a Republican state. occasional illustrative aside, will focus on Doubly wrong. Alberta is conservative only in Alberta and British Columbia. Canadian terms (just as the city of Victoria is warm only in Canadian terms). You will find But to put the question up front, analytic no mainstream Republicans that accept, for Americans wonder just how long the Canadian example, state-delivered health care, social West will endure its exploited, “second-class services, and rigorous gun control on the citizen” status in Canada? It is a curious type level that is acceptable to even the most of self-subordination or self-abnegation that conservative Canadians, including Albertans. may help illustrate the definition of “Canadian,” And there are no Canadian equivalents to but is remarkable none-the-less. a “conservative Republican” (let alone a “Tea Party” member) outside of physically Alberta über alles restrictive mental health facilities. And certainly no politically viable parties profess such policies, not even parties writing their There is a bounding economic and political manifestos with crayons.

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Despite the Great Recession, the current extraction facilities that drove pre-recession Alberta economy remains close to boom construction boom times are recovering, conditions and certainly will return even further and spending on social services such as to such as the economy resurges. It is fueled health and education remains up. Health by natural resource: oil and gas production care insurance premiums were eliminated is stimulated by the strength of the U.S. in January 2009. To ease the heightened economy with its almost insatiable appetite energy costs during the winter of 2000-01, for energy, regardless of the projections the provincial government authorized energy- from “fracking” that are pushing U.S. energy directed rebates. So substantial were these production to unprecedented levels. The payments that one individual noted that his Alberta economy has generated revenue that heating bill for that January was a $50 credit. pushed budget surpluses to startling heights Alberta continued these rebates, which ran prior to the 2009 recession. Episodic tensions through March 2009, but were subsequently in the Middle East (particularly involving Iran eliminated. and the ), OPEC’s desire to extract the last penny of price from its production, Nor is there any expectation that this boom is declining Mexican production, Russian oil a bubble. The worst recession in a generation, pressures on European clients, Nigerian did suppress demand somewhat in 2009 and instabilities, and Venezuelan political hostility prompted a decline in energy prices; however, combined with increased energy needs in as noted above prices have risen again albeit rising states such as China and India drove oil not (yet) to 2008 levels. Admittedly, oil and prices from the vicinity of $50/barrel in mid- gas have a boom-bust cycle, but the U.S. 2004 to “sky-is-the-limit” prices of more than demand for energy remains high and can be $140 in the summer of 2008. The recession anticipated to be high indefinitely. Alberta oil hammered them down, but in late August complements the increasing U.S. production 2013 they stood at approximately $106. of oil and gas through fracking. So also the opportunity of Asian markets will prompt As one of the most stable, efficient, and demand. And the prospect of an productive suppliers of energy, Alberta has pipeline to Atlantic Coast refineries is more obviously benefited and will continue to than a pipe dream. Development of alternative do so. An eventual agreement to build the energy sources and conservation remains in Keystone XL pipeline to the Texas Gulf Coast between never-never land and maybe-in-a- will provide an expanded, assured market generation in the minds and plans of those for Alberta indefinitely; options for who could implement it. Northern Gateway and Energy East pipelines simply reinforce the potential for profit. With The Bush 43 administration’s proposal for a expanding energy revenues prior to the 2009 continental energy plan that includes more recession, Alberta balanced its budget and pipelines from Alaska and continued serious eliminated in de facto terms its provincial investment to extract oil from the massive oil debt; it has no provincial sales tax, and it has sands deposits reflected deep and abiding a single rate tax on personal income at 10 U.S. interest, regardless of the fate of any percent. And there is more: unemployment specific plan or any U.S. administration. The is negligible in Canadian terms, “tar sands” Obama administration has never gainsaid

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the reality of U.S. requirements for secure Mainland. Finally, the fiscal rigor that the Ralph petroleum energy. Thus the protracted, Klein government instituted when coming to convoluted anguish over approving the office in 1993 was a model for responsible Keystone XL Pipeline has reflected Obama’s governance. It may have been making a virtue need to placate his environmental activist of necessity; however, the reasonable fiscal supporters rather than really consider the prudence that continued under Premier Ed costly, economically questionable alternatives. Stelmach has been a path-less-followed by U.S. energy needs will help keep the money (selected as Conservative party flowing—and Chinese and Indian need for leader and hence premier in October 2011). energy can both counter any slack and Her majority victory in April 2012 cemented keep prices high. We can assume that the Tory hold on the province, despite a ultimately the Keystone XL Pipeline will be deficit budget. Criticism from the conservative matched with pipelines to the East and West continues to stress the need Coasts, despite predictable screams by for greater fiscal rigor, which Redford has environmentalists and aboriginal groups, and been loath to follow, preferring to run a deficit demands from British Columbia and Quebec rather than cut spending. provincial governments for a slice of the pie. Earlier, however, Stelmach revised the rules Moreover, when one contemplates the regarding oil royalty payments (too much teeth magnitude of the 2010 Gulf of Mexico gnashing by oil companies), which delivers still oil spill, even if overhyped by screaming- higher income to the provincial government. with-alarm critics, it is hard to be critical of The royalty rules were adjusted to assist occasional problems in managing production conventional oil and give drilling incentives to from the oil sands. Alberta carefully avoided natural gas producers. The heavy “tar sands” schadenfreude over BP’s catastrophe; the oil producers now pay a price-linked royalty implicit comparison doesn’t have to be scale that in 2011 was projected to provide belabored—it is obvious. $8 billion in royalties compared with $1 billion prior to the royalty review. At points before Nor is the Alberta economy a “one trick pony.” the Great Recession, times were so good that While agriculture and cattle ranching are no the Alberta Treasury Board reportedly devised longer the mainstays they were in the early safe havens for projected surpluses so they twentieth century, they remain significant would be available for theoretical “rainy days.” economic contributors. Even the virulent With the end of the provincial debt, Albertans “mad cow” restrictions were ultimately lifted were polled in 2004 to determine what they (with remarkably little Canadian recognition or wanted to do with the new largess. No one appreciation of a Bush administration effort else in Canada has such a problem—or even taken against Democrat resistance or the can conceive of it. glum reality that these diseased cattle have permanently damaged the U.S. beef market in The economic success, however, is also Asia). Moreover, high tech firms are developing generating a kind of defensive irritation. in Calgary, and Edmonton now reportedly One manifestation of this attitude was a has the largest industrial concentration in the thinly disguised contempt in Alberta for the Canadian West, outstripping the BC Lower Canadian dollar prior to its rise in 2003-04

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and its 2007 to present surge (related to the in Alberta. They are forced either into “me- U.S. dollar reaching approximate parity and tooism” or ideologist stridency over supposed occasionally above). As the Canadian dollar institutional failures that underlie the generally declined in value to approximately US 65 cents perceived success. Consequently, when early in 2001, one proprietor sneeringly referred Albertans went to the polls in February to it as “the Canadian peso.” The announcer at 2008, the Tories won a smashing victory an evening performance of with 72 of 83 seats (up 10 from the reduced events rhetorically asked Americans in majority in the 2004 election) and pounded the audience, “How do you like our two for one both Liberals and New Democrats to shards. dollar?” Repeatedly there were references to It was particularly satisfying as it served as “two for one”—arithmetically inaccurate as they a transition from the era of iconic “loveable were—perhaps illustrating where Albertans albeit lamentable” Premier and anticipated at that time their dollar would settle. his replacement by a bland and surprising That this judgment proved inaccurate with the choice in , who proved sufficiently dollar’s resurgence in 2009-12 is less important adroit to outmaneuver several more widely than the observations that Albertans, secure known opponents in the leadership campaign. in their economic fortress, believe they have a However, to recall an aphorism by a former divine right to a strong dollar and the economic Ontario premier, “bland works.” benefits that such entail. Consequently, the Tory victory was particularly A separate concern has been the problem of irritating—not just to the dismembered success. Growth hurts—or at least it forces opposition that had hoped to take advantage infrastructure expenditures to address both of Stelmach’s perceived lackluster leadership, rising population (schools, hospitals, and but even more pointedly for the Rest of housing) and the consequences of massive Canada’s liberal chattering class. With ill- oil and gas extraction (road construction, concealed yearning, they predicted a “come water resource allocation, pollution control, downance” for the Tories who, in their view, and environment preservation). These are overly conservative and insufficiently expenditures are high cost—and some touchy-feely about the environmental Albertans, particularly in rural areas or consequences (and hence responsibilities) of associated with the Wildrose Party, are not becoming wealthy. convinced that they are necessary, let alone beneficial for them. Following her victory in the Redford’s 2012 victory reinforced this 2012 election, Premier Redford seems unlikely position—from the opposite direction. Alberta to reverse spending, but still must sort out may be conservative in Canadian terms, but Alberta’s fiscal-social priorities. not conservative enough in Wildrose Party terms. Personal dynamism evinced by Danielle Political Dynasty Smith, the Wildrose leader, was insufficient to budge the majority of Albertans who provided The Tories have done almost everything Redford with her majority victory. The Tory grip right and been lucky as well. These are on the province has now lasted more than 40 economic times that try men’s souls: that is, years. Given the feeble state of the opposition the souls of men and women in opposition to their political left and the recovering

217 ALTERNATIVE NORTH AMERICAS Regarding the West: The Best of Times and Its Discontents

economy, it looks like Tories—or certainly irritation with Tory fiscal and social policies “small c” conservatives of the Wildrose ilk— and Premier Stelmach. By mid-2010 it had will prevail as far as the eye can see on the assembled a four-member caucus in the electoral landscape. Perhaps more importantly provincial Assembly but also gathered popular for Alberta’s future, this run by the Tories support in polls that outdistanced not just demonstrates that Albertans are uninterested the traditional opposition parties, but also the in the ROC’s liberal agenda—they will not be government. Some long-time observers of hobbling their economic future; they sneered provincial politics predicted that the Tories’ at the federal Liberal 2008 campaign platform time had passed; others said the Wildrose program for “The Green Shift.” They will have Party’s prospects were oil-price dependent, to be beaten into line. but it could certainly become the Official Opposition. By mid-2011, some of the bloom That said, the Alberta Conservatives are not was off the “Wildrose”; it had sagged in the a fat and complacent party—yet. They slid polls and its election prospects were no in that direction under the last two terms of longer as rosy. Nor did it recover in early 2012 the Klein government, having their majority as ultimately reflected in defeat in the April trimmed in the 2004 election. The infusion election. Wildrose appears to be the victim of of new blood in the 2001 election failed to the reviving Alberta economy as well as adroit provide continued intellectual stimulus, even leadership by Tory Premier Redford. The party after electing representatives from Edmonton remains poised with 17 of 87 parliamentary ridings that the Tories had not previously held. seats as a strong opposition and predicts Lost in 2004, those ridings were regained sanguinely that its time will come in the next in 2008. Nevertheless, just as the Tories election. It is hard, however, to bet against reinvented themselves by instituting budget continued Tory dominance. cuts and stricter accounting when Klein first came to power, they believe that they will The Ralph Klein Years— continue to demonstrate adroit flexibility in A Retrospective changing circumstances and perpetuate their rule indefinitely. They effectively did just that Substantial credit for the Tory political when faced with the Wildrose threat from success lies with late Premier Ralph Klein. their right. Indeed, it is easier to resolve the He overcame an unprepossessing bulbous problems of success and wealth than those physique and a semi-alcoholic reputation of failure and poverty. The Tories have an in managing four consecutive victories unparalleled opportunity to build a model (including 2004). No intellectual—indeed province—the baseline question will be initially a high-school dropout who never whether they have the vision and coherence looked comfortable in a suit—Klein was well to do so. attuned to his “severely normal” electorate. He avoided hubris and side-tracked the But the Great Recession also prompted a social conservative enthusiasms (antiabortion, challenge to the Tories—one from the right anti-homosexuality, school prayer) of some in the form of the Wildrose Alliance Party. of his caucus. Moreover, his ministers were Wildrose surged in popular support in 2010, reasonably effective, and both he and fueled by ’s dynamism and his cabinet avoided the type of arrogant

218 ALTERNATIVE NORTH AMERICAS Regarding the West: The Best of Times and Its Discontents

corruption often associated with long exercise by increasing royalties (up 20 percent) and of political dominance. Obviously, Alberta’s counter the global warmers with a modest deep pockets permitted Klein to cover errors proposal to reduce carbon emissions 14 such as miscalculating the consequences of percent from 2007 levels by 2050—rather deregulating electricity by offering rebates to into the never-never than the here-and-now. consumers and struggling with expensive auto He stiff-armed the Stéphane Dion Green Shift insurance, but he also laid the groundwork for when it was released in Summer 2008— increasing privately supplied medical services and indeed, the Liberal plan would have (while denying that was his objective). distinctly damaged Alberta. Stelmach did not provide high drama, and what stagecraft he Personally, Klein had no national objectives— demonstrated ultimately did not satisfy the nor national vision. He was “provincial” in provincial audience. every sense of the word. Whether it was due to lack of ambition or an astute appreciation of Nor was Stelmach particularly adroit in his own limitations (including being a unilingual negotiating the Great Recession’s effects on anglophone), Klein was Alberta-directed, Alberta. He did some budget cutting, but devoted to the province, and dismissive of his essential tactic was to wait it out under Ottawa (once leaving a premiers’ conference the assumption that all bad things come to in Ottawa to visit a local casino). Politically, he an end. Alberta was sufficiently buttressed proved to be a “one trick pony” for Alberta— by reserve funds and future prospects that restoring fiscal integrity and reducing taxes. “less was more” so far as political action was While that feat was a “trick” that has evaded concerned. more sophisticated leaders elsewhere, Klein subsequently seemed to have nothing in Consequently, it was hard to tell when he mind beyond political, economic, and social headed into a fourth year in power (Stelmach drift—and finally wore out his welcome in the became premier in December 2006) where Conservative party when he mused about he was headed and whether he would staying still longer in office. know when he got there (or what to do if he so arrived). Perhaps recognizing both A Stelmach Advantage? his shortcomings and his lack of support, Stelmach announced in January 2011 he As a Klein-era minister, Ed Stelmach was would not seek a second term. This prompted probably better known for proposing to a leadership race with Stelmach as a very reduce highway maintenance costs by lame duck, largely over the degree to which reversing the fast and slow lanes than for fiscally conservative budget practices would inspirational or visionary proposals. He had be tightened further. Stelmach departed, a “steady Eddie” rather than “stellar Eddie” leaving the impression that he will be regarded reputation, which left critics arguing that his by history as a placeholder premier. objectives were marginal tinkering rather than responsive to the level of challenge they Redford Rules and Rolls, but Where Is perceived. She Going?

Pre-recession, he was sufficiently adroit to Having beaten back the Wildrose challenge in put a (gentle) squeeze on the oil companies 2012, Redford has yet to put a defining stamp

219 ALTERNATIVE NORTH AMERICAS Regarding the West: The Best of Times and Its Discontents

on Alberta. With the economy improving as provinces through indefinite distribution of its of mid-2013, little in the way of dramatic federal taxes. That attitude does not mean creativity is necessary. Her major efforts have that Albertans lack charity or reject the basic been devoted to pipeline battles: promoting concept of equalization payments. When the Keystone XL Pipeline in Washington he was premier, Klein specifically endorsed and dismissing BC Premier ’s equalization, and his successors have not demands for a cut of profits from any Northern criticized the theory either. But when decades Gateway deliveries. of employing this mechanism have not moved many of the Atlantic provinces or Quebec off Alberta Advantage Equals the dole (and Ontario was recently designated Canada Envy? a “have not” province), many Albertans believe that throwing good money after bad The combination of economic boom and is fiscally stupid to the point of being immoral. political stability has been labeled the “Alberta Nor, if they had spent much time thinking Advantage”; it is easy to see, however, that about it, would they have been amused the province could easily become the butt by Newfoundland and Labrador efforts to of “Canada envy” for those less fiscally continue to get equalization payments despite endowed. There are Canadians who think that growing oil wealth from offshore production. there is a gigantic sucking sound coming from Perhaps Albertans would not repeat former Alberta, pulling not just oil patch “roughnecks” Ontario Premier Mike Harris’ infelicitous and semi-skilled labor to the province, but judgment that the Atlantic provinces are akin skilled professionals as well. Indeed, the to a lottery winner wanting to stay on the dole, Alberta energy boom is now generating with their desire to retain present levels of competition for professionals from across equalization payments while benefiting from Canada for whom the traditional struggles new oil and gas wealth. They would, however, of the Atlantic provinces and the new rust- suggest that a child who has been supported belt unemployment in Ontario are daunting; through university and now has a good job Alberta oil smells like milk and honey. And should forgo further parental allowances. while there may have been a degree of reverse flow during the Great Recession, it was And the sums involved in the income versus temporary in nature. outgo of money from federal taxes over time are indeed enormous: they are assessed by Moreover, Alberta is making it easier for envy one admittedly prejudiced observer at $243 to come to the fore. Oil at $140 per barrel in billion through 2002. Another estimate by 2008 began to override the essential modesty the Alberta Finance Department stated that characterizing Canadians. There was a the province paid $14.1 billion more to the palatable irritation in Alberta with the ROC; federal government in 2010 than it received while its attitude was not quite “why don’t in services. Albertans recognize that this you find your own oil,” there was a sense money is gone forever, and it is money largely that Alberta’s political and fiscal attitudes are derived from irreplaceable natural resources virtuous, and Alberta deserves its wealth. that might otherwise have been directed— What it does not deserve (or appreciate) at least in part—to developing Alberta’s is the requirement to subsidize poor sister infrastructure and industry. It could have been

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further augmented the “rainy day” future fund, reasonably secure but always at risk of and for the more self-interested, directed into miscalculation. The majority Tory victory in their personal pockets for increased individual May 2011 provides a conservative federal spending. Or all of the foregoing. backdrop for Alberta interests, but the existential problem remains. In short, Alberta’s Consequently, Albertans are keenly sensitive political problems are in abeyance rather than to various schemes hatched in the nefarious in ascendance, but hardly eliminated. And the East to limit their economy and place various Tories will not be in power forever. restrictions on oil and gas production through “carbon taxes” or “emission controls.” The Indeed, as the Conservatives hold 27 of the Liberals’ 2008 “Green Shift” looked more like 28 federal ridings in Alberta, pulling better “Shaft” or “Shit” than any proposal within than two-thirds of the 2011 vote, opposition the realm of reason. Albertans see most parties such as the Liberals and the NDP have environmental and global warming rhetoric no interest in catering to Alberta concerns. as cant, either by the envious or the greedy. The Liberals have been road kill in Alberta They well (very well) remember the days of the ever since implementing the NEP, holding no (NEP) from 1980 to more than a tiny redoubt of seats in the most 1986 wherein estimates suggest that Alberta liberal area of the province (Edmonton), even lost between $50 and $100 billion through when the Chrétien governments owned strong artificial price constraints; the bankruptcy rate parliamentary majorities. Although the rule of in Alberta rose 150 percent. Thus Alberta is adroit taxation is to pluck the most feathers hardly amused at disingenuous criticism from from the golden goose with the least amount Quebec (rich in hydroelectric power but still of hissing, should the Liberals ever gain power benefitting from Alberta taxes via equalization either individually or in a coalition with the payments) about how Alberta should be more NDP, they would happily reduce Alberta into “green.” down pillows and prepare the province for roasting. The consequences of its economic success (“too much wealth”), along with the defeat of Does the West (or Alberta in the federal Conservative Party in June 2004 Particular) Want Out? following the defeat of the western-based Canadian Alliance (CA) in the November want more pogey—always. 2000 election, stimulated another round Quebec wants sovereignty— on a self- of intellectual and political analysis-angst defined basis. Prairie provinces want higher regarding the role of the West and individual farm supports. Having survived the 2010 provinces in the Canadian federation. The Winter Olympics, British Columbia wants to rise of the new Conservative Party of Canada keep recovering economically. And Alberta under Stephen Harper and his victory in wants...out? The citizens of Ontario and the the 2006 federal election mitigated, but federal officials in Ottawa must feel like the hardly eliminated the bases for Alberta’s proprietors of a boarding house filled with anxiety. Harper operated for five years on a fractious roomers. Is this just “Canada as tightrope balancing constraints of a minority normal?” Or are the plaints generally from the government whose day-to-day survival was West, but specifically from Alberta, temporarily

221 ALTERNATIVE NORTH AMERICAS Regarding the West: The Best of Times and Its Discontents

less pointed but still meaningful? deepened Western irritation from defeats in 1993 and 1997. Beyond Ontario’s western The short answer is “no.” Alberta and the border, the Liberals simply were not Canada’s West do not want to separate from Canada, “natural governing party”—and that fact become independent, or join the United was re-emphasized in 2000. Some basic States. They are, however, significantly statistics: the Liberals took 97 percent of alienated for reasons both attitudinal and Ontario’s seats but 16 percent of seats in institutional. These complaints have moved the West; they garnered 51 percent of the beyond the “cloud the size of a man’s Ontario vote but only 25 percent in the West. hand” but still are well short of Moreover, in the run-up to the election, many violence. Nevertheless, they are not trivial Westerners began to believe they had a and Canadians would be foolish to assume serious chance, if not of ousting the Liberals, that business as usual will keep the West at least of significantly reducing their majority satisfied. Likewise, assuming that the advent and perhaps even forcing them into a minority of a Conservative government in Ottawa has government. alleviated the problem is the equivalent of blithely disregarding an infection because it is To that end, the Reform Party devoted the covered by a bandage. better part of two years reinventing itself: national consultations, a new party name, First: Some Elections and How leadership race and a convention, and a new Alberta Got to Where It Is leader with a new platform. The result was designed to present the best of the West The 2000 and 2004 Federal Elections: to Ontario and Eastern Canada. Certainly Learning from the Past there were those who believed that Canadian Alliance leader could crack Although the elections of 2000 and 2004 are the Liberal stranglehold on Ontario. Day was now fading into “modern history” rather than young, bright, articulate, and bilingual. The contemporary politics, they remain interesting image was Young Lochinvar out of the West for their long-term effects on Alberta and the riding a jet ski, not a stallion. But those nasty West. Essentially, the period demonstrated old pros in Ottawa didn’t just toast him; they the revival of the Conservative Party and its cremated him before he even knew that the shift from a “progressive conservative” Eastern political heat was above room temperature. Canada outlook to a “conservative” Western direction. While the current Conservative This hurt. So much for the slogan “the West Party of Canada (CPC) is doubtless a centrist wants in.” It particularly hurt in Alberta, not party in Canadian terms, reaching out to all just that their “homie” had cratered, but that Canadians, with more total representation in the Liberals trashed Alberta in the process Ontario than from the West, its intellectual and with attack ads ripping Alberta Bill 11’s historical home now is Alberta, not Ontario or modest expansion of private health services, Quebec. with claims that provincial health services were headed toward two-tier medicine. Nor As is often the case for victory, it was rooted did it help that Prime Minister Chrétien made in defeat. The November 2000 election it clear that he preferred dealing with Eastern and the triumphant return of the Liberals

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politicians—as if Albertans had dung between the odds-on favorite to win the next election— their toes that showed when they fell off the whenever. So popular was Martin after the turnip cart on Parliament Hill. dour, increasingly unapproachable and Mafia- like godfather Chrétien, that he was bruited From the Ashes as a savior for the West and not just for Canada generally. Ostensibly knowledgeable Demonstrating a combination of remarkable observers predicted that Martin could win up patience and organizational skill, Stephen to 220 seats in the 308 seat Parliament, break Harper, the new leader of the Canadian out of the two-seat Edmonton rump and Alliance, orchestrated a union with the limited representation in British Columbia, and Progressive Conservative (PC) Party under resolve Canadian discontents over the energy Peter MacKay in December 2003. With that restrictions of the Kyoto Treaty. In passing, success—an objective sought by a series Martin might also discover a cure for cancer of Reform/CA leaders and long rejected on and teach Canadians how to grow sugar terms other than their own by a series of Tory cane in Calgary. It was pre-anointed secular leaders—Harper united the right. The effort sainthood for Martin. took the better part of a year. In mid-summer 2003, Harper spoke frankly and privately But the sponsorship scandal changed to one observer to the effect that while he Canadian history. Bursting forth with the hoped the unification of the Alliance and the release of Auditor General Sheila Fraser’s Progressive Conservatives would occur, he report in February 2004 was the revelation doubted that it would happen. He predicted that $100 million of $250 million in advertising that the mandarins of the old PC along with contracts to favored Quebec firms was the strictures of its party constitution and unaccounted for. The report unleashed a the Peter MacKay- agreement storm of criticism against all involved— against seeking unity would stymie unification and “all” were Liberals. Martin thrashed through the next election. desperately. He unleashed a series of “mad as hell” speeches about the scandal, This union was necessary, if not sufficient, dispatched prominent venerable Liberal war to make the center right in Canadian politics horses (Canada Post head and former Foreign competitive against the center left Liberals. Minister André Ouellet and Via Rail chief Jean The extended effort at unification and then Pelletier) to the knacker, and opened a gaggle the official selection of a new leader for the of investigations. Still Martin’s credibility had Conservatives lasted until April 2004. This taken a brutal blow. His repeated denials that process left little enough time to cobble he had known anything about the nature of together something resembling a political distribution of the contracts despite being platform and to make candidate selections finance minister and the most prominent before Prime Minister Martin dropped the writ Quebec MP sounded disingenuous at best— for his long-anticipated “get a mandate” post- idiotically ignorant at worst. Chrétien election. Political circumstances in early 2004 were curious—in retrospect, almost The election campaign was scheduled for surreal. Paul Martin, after what seemed an June 28, 2004. Although not absolutely ice age of waiting, had become Liberal Party required until the fall 2005, the earlier timing leader in December 2003 and, simultaneously,

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was viewed as a lesser evil since the multifold It was hard to characterize him as “scary,” investigations into the sponsorship scandal considering he was a man who appeared to could be put on hold. Nevertheless, the be comfortable in a barbeque apron entitled Liberals were distinctly hobbled entering the “World’s Greatest Dad,” and he didn’t infuriate campaign with the blood still coagulating from anyone by zipping about local lakes on a high- the internecine fighting between die-hard decibel Jet Ski scaring innocent fish. Looking Chrétienites and resurgent Martinites over as if he could build on Western votes and Chrétien’s ouster. Moreover, although Martin make serious inroads in a disaffected Ontario had pledged greater intraparty democracy (as a resurgent Bloc Québécois chewed and committed not to interfere in selecting away at Liberal strength in la Belle Province), candidates, he (or clearly designated Harper’s polls momentarily suggested a subordinates) manipulated nominations majority or at least a plurality. in Alberta and British Columbia as well as elsewhere throughout the country. Same old, But facing defeat and taking advantage of a same old. puzzlingly timed statement by Alberta Premier Ralph Klein that he would announce change Nevertheless, with the best economy in in provincial health policy two days after the decades; low unemployment, inflation, and election that could violate the Canada Health lending rates; a balanced budget; a reduced Act, Martin attacked Klein for favoring two- federal deficit; and increased social spending, tier medicine and demanded Harper similarly the election was the Liberals’ to lose. And denounce Klein. With devastating TV ads they lost it—well, almost lost it. For the first suggesting that the Conservatives were several weeks of the five-week campaign, surrogates for U.S. interests that would turn Martin appeared almost disoriented. His best the Canadian Forces into cannon fodder, end moments were out of the country: at the 60th official bilingualism, put women into purdah, anniversary of D-Day (despite suggesting that and weaponize every citizen, the Conservative Canadian forces had stormed the beaches bubble popped. Harper might not be of Norway) and earlier in a session with personally scary, but he became the front U.S. President George W. Bush. Martin was man “suit” for such redneck Neanderthals additionally sandbagged by Ontario Liberal (read Albertans). As one commentator said, Premier Dalton McGuinty’s announcement of a Canadians had a choice between fear and health care “premium” (and reduced services) loathing—and chose the Liberals sufficiently when he had campaigned on a promise not to to provide a strong minority government. But increase taxes without a referendum. Martin that did not expand their numbers in Alberta, needed that announcement like a drowning where only one of their two MPs entered man needs an anchor; it left the vital Ontario cabinet. electorate livid and disinclined to differentiate between local liars and federal liars—both The national results left the Conservatives were “Liebrals.” depressed, the West irritated, and Albertans angry. They believed that they had reinvented During this period, the Conservatives surged themselves, put forward a sophisticated by doing nothing. Harper generated the image “face,” and demonstrated that they were a of a solid, intelligent, and competent leader. valid alternative to the corrupt, dissolute,

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incompetent “Liebrals”. But not only could replicate Quebec separatists’ tactics to the Conservatives not defeat the Liberals, the advance Western interests. In his didactic results showed that the Liberals could not schoolmarmish manner (which subsequently even defeat themselves. was demonstrated on a national level), Dion deigned to instruct Stockwell Day on how Thus in two consecutive elections, Albertans to chastise Alliance members who might believed they had been “dissed.” Many show interest in separatist tactics. Day huffed came to the conclusion that the conservative defensively, when he might better have attitudes held by a majority of Albertans would suggested that Dion’s father, Léon Dion, was simply never be accepted in Ontario, let alone a master at devising “knife at the throat” in Quebec or the Atlantic provinces. It left political tactics to advance Quebec’s interests. Albertans with some hard thinking to do. The 2000 and 2004 elections had been doubtlessly There was a comparably sulky approach democratic, but doubtless depressing. Just as following the June 2004 campaign. Some the federal government is barely noticeable in in Alberta even floated a bitter booklet Quebec outside Montreal, the Liberals are an suggesting that Harper should return to endangered species in Alberta. Alberta and run for provincial Conservative leadership. But Liberal tactics at a vital point In this regard, however, some complaints from in the 2004 campaign process were tried and Alberta had a petulant, if not puerile tone. true: screw the West and take the rest. If there In 2000, Stockwell Day wanted Canadians is a choice between addressing the desires of to view Alberta as a model success story, Alberta or the needs of Ontario, no politician illustrating his ability to transform Canada in (other than perhaps an Alberta native) needs similar fashion. Hence, Liberals magnified a second thought. Still again there were howls hangnails into gangrene. That is standard of outrage over Liberal tactics, as if they politics; reference, during the 2000 U.S. were new and unprecedented, rather than presidential campaign, how the Democrats politics as usual. In the United States, the sought to transform the prosperous and comparable ritual is for the Republicans to effectively administered state of Texas into attack Democrats for being soft on security; a land whose hapless citizens strangled the Democrats reciprocate by contending in pollution while dying in wait for health Republicans want to eliminate Social Security services. If Texans weren’t so arrogantly self- for the elderly while catering to rich fat cats confident (and if their man hadn’t won), they and sponsoring soup kitchens for the poor. might have gotten publicly irritated. Albertans A number of maxims come to mind. One took personally what was only political. recalls the motto attributed to John and Robert Kennedy, “Don’t get mad; get even.” Nevertheless, Ottawa Liberals initially And even more salutatory, “Fool me once, responded to Albertan plaints after the 2000 shame on you; fool me twice, shame on me.” election with the warmth and sympathy of Conservatives in Alberta—and national— Darth Vader clones. Then-Intergovernmental looked twice fooled. Affairs Minister Stéphane Dion launched into a full hissy fit, not just about “separatist blackmail” but against anyone who suggested that Canada’s West might effectively

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January 2006: The Conservatives Seize the Liberal mandate for a fifth time would Government, but as a Minority endorse the sponsorship scandal and obvious Liberal leadership fatigue. The Conservative Historically, the Liberals as the “natural victory swept all 28 seats in Alberta and gained governing party” of Canada have been 10 seats in Quebec—but the latter victories defeated only when they totally exhaust their posed more of a problem for Alberta than its political mandate. Such an event can occur unanimous support for Harper. during the transition from a defining to a dithering leader or the emergence of a gag- The October 2008 Election: a-goat scandal that also reflects the sense of Building—Sorta—on Success entitlement associated with extended periods at the public trough. Managing a minority government is a tricky process, and the Conservative margin for During the June 2004-December 2005 error was the slimmest in Canadian history. Liberal minority government, the Tories The Liberals instantly consigned former gnawed steadily at Liberals’ and Martin’s Prime Minister Martin to their political credibility, seeking mechanisms to topple the dustbin, but then struggled to replace him. government. Martin, who likely would have The result was a political science classic been an effective prime minister if he had leadership convention in which the initial commanded a standard Liberal majority, often third choice maneuvered to victory. Happily appeared fecklessly adrift trying to operate a for the Tories, Stéphane Dion became the minority government. The extended juridical equivalent of a man with a “kick me” sign on review of sponsorship scandal and the his posterior starting with the antipathy he repeated questions associated with Liberal prompted among separatist Quebeckers, activity in Quebec further tarnished the Liberal but complemented by oft-impenetrable “brand” in the province, opening unanticipated English and a “Green Shift” economic and opportunities for the Harper Conservatives. environment plan as his campaign platform that ranged between inexplicable and Learning from their previous errors, the unacceptable. Conservatives ran a textbook campaign, while the Liberals assumed that they could repeat Harper was able to campaign blithely on a essentially the same tactics that won in 2004. “never been better” state of the economy, Thus the Conservatives immediately presented calling an election when the Great Recession a short, cohesive platform forcing the Liberals was dropping its first snowflakes for the to campaign on their issues. The Liberals coming blizzard. The Conservatives were assumed there would be Conservative errors able to deride the Green Shift as a “tax on and infelicities—but there weren’t. A holiday everything,” and Harper appeared to have campaigning break permitted Harper to pace a good chance for a majority government. himself, and he performed effectively in both But they bungled the opportunity. Despite English and French during the candidate having worked persistently to expand its 10- debates. seat beachhead in Quebec with additional funding and bows to provincial nationalism, In the end, Canadians in general and e.g., declaring Quebec a “nation” albeit within Quebeckers in particular decided that renewing Canada, the Conservatives still misread

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the Quebec psyche. Tough on youth crime for the opportunity. Indeed, it was forced proposals and cuts in cultural funding upon them by the conviction of Michael designed to play to ROC (non-Toronto Ignatieff and the Liberals that they could not chattering class) sensibilities were negatives do worse than under Dion and, sotto voce, for Quebeckers. The Conservatives held was the siren cry that a Tory plurality could their 10 Quebec seats, but the description be overturned by a Liberal-NDP coalition—at by one journalist following the 2006 election least one that implicitly would oust Harper. It as promising more in Quebec (French Kiss) was a catastrophic decision, resulting in the could now be depicted as One Night Stand. virtual destruction of the Liberals (worst ever The overall result was a strengthened minority finish in seats and voting percentage and (at 143 seats, 11 short of a majority) and the sliding to third place in Parliament). The abrupt worst Liberal defeat in a generation—a loss rise of the NDP to Official Opposition party of 29 seats to a total of 77. It was a limited status under its then-leader Jack Layton is a victory, but it could have been much greater phenomenon still being examined. Layton’s given the favorable conditions of a strong abrupt death in July 2011 left the party economy and a weak opponent. groping for adult supervision with, inter alia, 58 new MPs from Quebec stemming from So far as Alberta was concerned, the election the virtual annihilation of the Bloc Québécois was a wash; the Conservatives even lost (falling from 43 to four seats). an Edmonton seat to the NDP due to poor Conservative campaigning more than NDP A lackluster leadership race in early 2012 strength. The Conservative victory deflected selected Thomas Mulcair as the new head the worst of the prospective consequences of the NDP, but despite some success in of a Liberal victory, but its minority nature controlling a disparate caucus, his limited prevented federal government implementation political and parliamentary experience of greater safeguards for Alberta interests. showed. And he has adopted ritualized Moreover, Alberta had a huge bloc of Alberta-bashing, accusing Alberta of harming Conservative seats27 with some of the party’s Ontario’s auto and manufacturing industry and most experienced and capable MPs—but not denouncing the Keystone XL Pipeline during all could be accommodated due to the need a U.S. visit. Although not as dramatic as Al to construct a cabinet that was “national” in Gore’s depiction of the oil sands as an “open appearance. This circumstance generated sewer,” Albertans would be more likely to turn frustrations of its own and ultimately prompted to Justin Trudeau’s Liberals than the NDP. some of the Tories’ most able MPs to retire before the 2011 election. Nevertheless, it has not necessarily proved beneficial for Alberta to epitomize Prime And Now, Circa 2011, a Tory Majority Minister Harper’s lifelong ambition and provide blessed stability for the Canadian political Given the repeated failures to seize the “gold scene until the next scheduled election in ring” of a majority, many observers were 2015. The massive bloc of Conservative MPs skeptical that a Conservative majority would from Ontario exceeds Alberta’s caucus and happen. Although prepared for election (a consequently was accommodated with many minority government must be ready every of the key cabinet slots. Prior to the election, day), the Conservatives were not salivating

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a substantial number of the most-experienced recognized the limits of what can be achieved Alberta MPs declined, for a variety of personal in a minority government, they also know that and professional reasons, to run again— many of the basic conservative objectives depriving Alberta of stronger voices in caucus have not been addressed even with a majority: and cabinet. Albertans were certainly “present a “Triple-E” (equal, elected, effective) Senate at the creation” of the modern conservative remains in abeyance as no other provinces movement, but they are hardly reaping the have moved toward “electing” senators rewards of two decades of political activism that Harper would then appoint; the long and struggle. While obviously satisfied that gun registry was not implemented, and not “one of their own” in the person of Stephen abolished until April 2012 (and the requirement Harper is now guiding Canadian politics, to destroy records is still being appealed Alberta certainly senses that the West is by Quebec); and any protections against hardly providing the tenets and parameters for environmental restrictions on energy production the national game plan. are no more than words. While some of these objectives ultimately were likely to be realized The point to gather from this semi-historical by the Conservative majority government, recount of yesteryear’s pains and current notably the definitive elimination of the long prospects is that the “Alberta disadvantage” gun registry, prospects for other objectives are is inherent and institutional. It is built into tenuous at best. the Canadian political system. Starting with the 2006 CPC minority victory and now the Challenge and Response: current CPC majority government elected in Firewalls Versus a Strengthened Role 2011, Albertans may hope that the pressure in Canada—A Review of the Past as against them has relaxed, but the fragility a Message for the Future of this tranquility must be examined. It remains totally a function of the continuation The Gang of Six Builds a Wall of a Conservative government in Ottawa. Albertans are not “masters in their own Politics is important; economics is vital. A house,” and those with long memories recall January 2001 “open letter” to Premier Ralph that the solid Tory majority government under Klein by six conservative Alberta political Brian Mulroney was one for which they also activists (the “Sixers”) offered a vigorous had considerable hopes. And, indeed, the intellectual challenge to the core of the current elimination of the NEP was a substantial relief federal structure. Even at the time, individually (even if it took two years to be implemented). and corporately, the authors, including However, at subsequent points, the Thomas Flanagan, Stephen Harper, and Ted Mulroney government passed over Alberta Morton, were regarded as sophisticated and Western interests to cater to the larger observers of political reality in Alberta and Quebec constituencies. Indeed, they simply Canada. Their study was driven in part by took the West for granted in the effort to the frustrations associated with the 2000 devise mechanisms to bring Quebec into full Canadian Alliance electoral failure, but remains acceptance of the Canadian constitution. intellectually valid regardless of the impetus or subsequent political developments. Thus, while Alberta and others in the West

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Essentially, they examined the economic gains resonance with the general population; no and losses for Alberta from its relationship more than 10 to 15 percent of the population with the rest of Canada and proposed (in their view) held such attitudes, and those mechanisms to reduce the losses. Canada were the less educated element or a handful is a costly commitment for Alberta; the of rich ranchers and oil barons who thought provincial Treasury figures concluded that the to expand the relative size of their “frogs” by outflow per capita in federal payments for reducing the size of the pond. 1999 was $2,651 higher than the income. Future projections ran much higher and some Alberta government experts stated that estimated the outflow was as high as a $12 many of the proposals had been studied and billion in excess of return for 2004. Their set aside for fiscal reasons. For example, proposals, inter alia, to create a provincial the proposal to create an Alberta pension pension plan comparable to Quebec’s, collect plan founders on the “portability” issue; provincial personal income tax, pursue a Quebeckers infrequently relocate outside provincial health care regime, and substitute a their province, but Alberta residents can be provincial police force for the RCMP appeared expected to do so. A provincial police force fully within the realm of what is legally supplanting the RCMP would apply only to permissible under the Canadian constitution— rural areas since Calgary and Edmonton and still do. already had municipal police. Moreover, rural areas are sentimentally attached to their The drafters also argued, less convincingly, “Mounties” as part of Alberta’s historical that these changes may well be more efficient tradition. Nonsense, replied a “Sixer.” than current regimes. However, what they Portability is a technical point that can be created, along with the infelicitous description resolved; certainly some Quebeckers relocate of building a “firewall” around Alberta, was the and their pensions are adequately managed. appearance that the authors were interested Likewise, rural love for the RCMP is an urban less in greater bureaucratic efficiencies conceit. Polls showed considerable rural than in reducing Ottawa’s influence. It was dissatisfaction with their policing. Still, as something like “independence lite” in attitude. there was more than a decade until the next Nevertheless, greater local control is always contract renewal for the RCMP (2011), the satisfying—for locals—regardless of where it question was moot for the near term—but might lead and sometimes regardless of what may ultimately be more relevant as time it costs. À la Québec. passes, although in August 2011, it was renewed for 20 years. Separately, the RCMP Of course, Alberta independence is a hardy has its own issues as explored in Chapter 5. perennial in discussions with a certain percentage of the population. It is akin to (but During his 2001 electoral campaign, Premier less virulent than) the Quebec predilection Klein appeared to offer some vague sympathy for yearning for independence at no cost to to these proposals without endorsing them. Quebeckers. Within six months of the release “Sixers” took some comfort from Klein’s of the “firewall” paper, observers noted that absence of direct criticism, but an impartial this iteration of the autonomy push had observer would conclude that with his muted. Critics insisted that the ideas had no massive legislative majority and personal

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popularity, Klein could have implemented of federal taxes that Alberta would pay to such proposals had he desired. Consequently, Ottawa. Nor did it see economic advantages Klein’s deliberate avoidance of any positive in developing a provincial retirement plan, action was implicitly a rejection. Silence could arguing that the national plan that served not be spun into consent. Ed Stelmach, Alberta’s interests well. Replacing the RCMP as Klein’s successor, was not prompted with a provincial police force remained in even to examine “firewallism” for Alberta, let play at that point. After all, both Ontario alone embrace it. Nor can such activism be and Quebec have provincial police forces expected from Premier Redford—the sole demonstrating it can be done (and indeed was repository for incipient provincial nationalism the norm in Alberta some years ago). Again, lies within the Wildrose Party, which was more the decision appeared financially driven, with than a bit chastened by its 2012 defeat. proposals to review policing alternatives prior to the mandated 2007 cost review (which The Provincial Riposte: Greater Role in ultimately resulted in extending the RCMP’s the contract). Otherwise, the committee moved around the margins of suggesting, proposing, Nevertheless, to respond to the “firewall” as and urging views that—unfortunately for well as a further series of nagging problems Alberta’s interests—seemed unlikely to viewed as illustrating Ottawa’s impositions stimulate little more than a ho-hum from on Alberta (e.g., adherence to the Kyoto Ottawa. Nor was there any federal response, Treaty, the gun registry, the Canadian Wheat and the report’s conclusions and suggestions Board, and appointment of federal senators), have become another doorstop dimensioned Premier Klein announced in November dust-gatherer. 2003 the creation of a committee of elected legislators to address Strengthening Alberta’s At this juncture, Ottawa stands against Role in Confederation. The committee, led experimentation in health care—at least for by Edmonton Ian McClelland, produced a Alberta. As long as they were in power, the 69-page report released in August 2004; Liberals catered to the interests of central it reflected 13 forums held throughout the Canada and Quebec urbanites with its long- province that prompted more than 700 gun registry. Having sunk $2 billion into the citizen submissions, including letters, e-mails, system, they were more likely to adopt the and phone calls. To be sure, this level of U.S. Constitution’s Second Amendment response does not suggest that Alberta’s than admit the gun registry was a loser. The future relationship with the ROC was keeping Conservative decision to suspend penalties a significant percentage of the province’s 3.5 for noncompliance and finally eliminate the million population awake at night (or attentive registry completely did not end the overhang during the day). of compulsory compliance should the Liberals (or NDP) form the government; for their part, In the report’s 26 recommendations, the the Liberals are more likely to ban private “Strengthening Alberta” committee largely gun ownership entirely than significantly relax rejected the “firewall” proposals, primarily regulatory control. Moreover, the residue of for financial rationales. Thus collecting the the registry’s recordkeeping, etc., still faces federal income tax would simply add a layer of court challenges in mid-2013 (particularly provincial expense and not reduce the amount by Quebec, which has refused to comply)

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against the prospect that it will be destroyed. continue holding elections for nominees to Gun elimination proponents hope that the federal Senate is a procedure that seems the registry records will be mothballed (or designed to institutionalize frustration even after surreptitiously retained and concealed) when four such senators were appointed by Prime the registry is formally abolished rather than Minister Harper. definitively destroyed—awaiting a Liberal (or NDP) government. Nor was the Kyoto Treaty But it is the continued assault by officially disavowed (impossible with a Liberal environmentalists against the “dirty oil” from leader whose dog was named “Kyoto”), the “tar sands” that mainly continues to not even by Tories whose Kyoto-skepticism disconcert Albertans and serves as a thorn in was tempered by political pragmatism until their collective side. They are well aware that their majority made it possible to opt out of their wealth depends on energy production continued Kyoto Treaty adherence. Despite and export. The intensity of environmentalist legal attack by Kyoto proponents claiming activity focused against the Keystone XL and the government could not take such action Northern Gateway Pipelines to move Alberta without parliamentary consent, the courts oil sands crude to U.S. refineries and West beat down the challenge in July 2012. The Coast ports appears to have caught Alberta various climate change alternative approaches by surprise. Alberta now must contemplate touted following the G-8 Summits in June similar hysteria against the Energy East 2008 and December 2011 are not-in-my- project to the Atlantic Coast. Alberta was lifetime proposals. Canada’s decision to as gob-smacked as were Hydro-Québec withdraw was adroitly timed to avoid fiscal proponents of the massive “Great Whale” costs for its noncompliance with technical hydroelectric project in the 1990s when faced objectives in the . with implacable and adroit PR hostility that ultimately harpooned the project. The effectiveness of another report recommendation, that of opening a provincial Such conveyers of “” were so office in Ottawa, was instantly open to certifiably a good thing in Alberta eyes (a “no question. After all, there were 28 federal MPs brainer” for the prime minister) that opponents who, presumably, had some personal interest appear (to them) beyond wrong-headed in advancing Alberta’s institutional interests. If and more akin to delusional psychotics they cannot be effective advocates of Alberta than seriously motivated substantive critics. concerns, what was a branch office in Ottawa Although the battles to build the pipeline(s) going to accomplish? Even less could be appear winnable, the political costs will projected with a Conservative prime minister be enormous. Having to fight them was in Ottawa. And so in the end, that proposal, and continues to be disconcerting and left like the rest of the “Strengthening Alberta” Albertans concerned whether their economy report, went by the boards. Additionally, the was at risk from the vagaries of U.S. electoral suggestion that Ottawa should work to increase politics combined with U.S. environmental the numbers of Westerners in the civil service groups funding Northern Gateway opposition. smacked of a plea for a quota system and implies that Alberta residents are not otherwise competitive. And the recommendation to

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Tale of Two Albertans: Stockwell Although the CA improved both its MP Day and Stephen Harper numbers and voting percentage over 1997, the campaign was regarded internally as mostly a disaster. By mid-2001, Day’s caucus At mid-2013, there were still lessons to be was in full revolt, divided between new and learned from juxtaposing two Albertans: old MPs. Prime Minister and leader of the Conservative Party of Canada Stephen Harper with former The problem with replacing Day was “with Canadian Alliance leader Stockwell Day. It whom?” Not Preston Manning who, behind is not just success versus failure; while the his schoolmaster impression, was a tough limits of Day’s failure are now obvious, the leader, squelching revolts ruthlessly. A year outer limits of Harper’s success are still to be away from leadership had not made him more determined. flexible, more acceptable to Ontario voters— or improved his French. Who Is Day? Finally the search focused on Stephen Stockwell Day was a come-out-of-nowhere Harper, a former Reform MP then heading the man who accumulated an eclectic selection of National Citizens Coalition. After protracted life experiences, with better French than most effort, Harper first achieved leadership of the anglophones, but—perhaps significantly—no CA in 2002, then united with the Progressive university degree. Conservatives in December 2003, and finally led the rebranded “Conservative Party of Day almost single-handedly derailed Preston Canada,” the CPC, or “Conservatives,” Manning’s carefully orchestrated effort to lead in April 2004. the Canadian conservative movement from the Reform Party to a more inclusive Canadian Who is Harper? Alliance. Day’s defeat of Manning was almost the equivalent of throwing the father out of the We know Prime Minister Stephen Harper home that he built. That July 2000 victory was well; however, upon becoming CPC leader, probably Day’s political high point. much of the “prime minister persona” was still to emerge. Harper is all that he has been In a burst of bravado, Day urged Prime depicted: intelligent, articulate, principled, Minister Chrétien to call an election. One moral, and the epitome of family values. suspects that Chrétien could hardly believe his Indeed, he is what democratic societies good fortune: a neophyte had devised his own want for their political leaders. And, bluntly, trap and leaped into it. Day’s demonstrated both U.S. Republicans and Democrats could Alberta expertise did not translate to the benefit being led by individuals with such national scene; his campaign was plagued qualities. with unforced faults, and his fundamentalist Christianity led to what is still the most Harper is also a “small c” conservative memorable putdown in recent Canadian whose views are sometimes outside current political history: ’s sneer that Canadian thinking. Prior to his minority victory Day considered the Flintstones cartoon “a in 2006, some observers suggested he documentary.” lacked “fire in the belly.” As a man with a “life,”

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including small children, one might conclude Nevertheless, if Harper were a fundamentalist he honestly, albeit temporarily, pondered Christian, he could offer sophisticated re-entering the political arena in 2003 and intellectual critique of evolution theory resuming the struggle in 2004, when federal inconsistencies. He would never be caught in success postulated years of labor, often far literal Biblical interpretation that made Day a from family. figure of ridicule.

Harper’s life is more traditional than Stockwell Thus in his first national political campaign Day’s. Ontario born but university educated in 2004, Harper outperformed expectations. in Alberta, Harper had serious academic Conservatives faltered not because credentials and respectably conversant of Harper’s errors, but gaffes by other French. Part of Manning’s early Reform Party Conservative candidates and staff. The brain trust, Harper slowly separated from resulting 99 Conservative MPs were both Manning politically. Whereas Manning was success and disappointment. Uniting the a populist with a conservative bias, Harper right brought neither the number of votes is more a traditional Canadian conservative nor the electoral percentage projected from seeking reduced federal government, a mechanistic addition of 2000 Tory and CA enhanced national defense, strengthened totals. provincial powers, lower taxes, strong private enterprise, and emphasis on personal In opposition and during the 2005-06 responsibility rather than social welfare. campaign, Harper “grew” effectively. He benefited from national fatigue with the Harper is not “scary,” but it took two elections “Fiberals/Liebrals,” the gift-that-keeps-on- to convince the electorate that the Liberals’ giving Adscam scandal, and perceptions publicity was a canard. There is no indication Prime Minister Martin was far less the Harper is driven by acquisition; money is not a “promised land” leader than someone major motivator. And in circumstances where wandering aimlessly in undefined political opportunities for greed are legendary, he looks wilderness. Now less scary, showing as if he will keep his hands in his pockets and significant French capability Quebeckers his feet out of the trough. found attractive and adopting a facial rictus that passed as a smile, Harper secured a Essentially, Harper is both an intellectual workable minority government. (rare in politics) and an introvert (even rarer). Harper does not slap backs—and it would be During his five year minority (ending with a rare individual who would knowingly slap a May 2011 majority), Harper governed his. Harper is far from humorless, but his is a effectively. He kept very tight “message” wry, often self-deprecating style (“I became an control—a stance that persistently irritates economist because I didn’t have the charisma the media that thrives on high-level leaking, to be an accountant”). Harper has a gravitas confidential information, and intraparty that protects him against sneers equivalent infighting. Harper “doesn’t give a damn” about to being called “Stockboy Day,” but lacks the media hostility; he appears convinced that telegenic charm marking most successful Conservatives will never get fair treatment politicians in twenty-first century democracies. from the media and would rather be the proverbial hung goat than the pitiful shorn and butchered sheep.

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Substantively, Harper managed a limited But Harper is not an “Alberta First” prime agenda reasonably well. He persistently minister. The minimalistic result of “no harm outmaneuvered the frequently hapless Liberal done” during the Harper minority government leader, Stéphane Dion, and adroitly co-opted was not Alberta’s objective. Its hopes for his Liberals (fearful of an early election) to support majority are problematic. Alberta can expect policy objectives such as the extended military some basics: formal elimination of the long presence in Afghanistan. Following re-election gun registry, tough-on-crime measures, in 2008, Harper evaded a putative “coalition” skepticism on environmental action harming designed by Liberal, NDP, and Bloc interests Alberta’s oil resources. Harper’s ultimate that would have ousted his newly elected objective is to implant the Conservatives as government. He adroitly induced the governor the new “natural governing party” and, while general, the Crown’s highest representative Alberta’s interests are clear, they are not in Canada, to prorogue (suspend) Parliament defining. while he rallied public and political support, convincing the electorate that legitimate So What Have We Learned About Day parliamentary tactics would equate to a coup and Harper? for Canadians. He out-pointed Liberal leader What can we say retrospectively (and Michael Ignatieff who quickly stimulated prospectively) about Stockwell Day and buyer’s regret rather than the party activists’ Stephen Harper? enthusiasm. — Day was never as good as even his Subsequently, Harper guided Canada through original critics believed but, Harper was the initial years of the Great Recession better better. That is, Day was never as prominent than most countries’ leaders. Canadians in Alberta as implied. He would not have became more comfortable with him as he succeeded Klein had the premier fallen under presided over the 2010 Vancouver Olympics a bus during a binge. There is some sense he and the G8 and G20 ministerial summits. Both was saved by a provincial caucus system that were enormously expensive, but unmarred by concealed his errors from public exposure. terrorism. Retrospectively, he was a “bridge too far” as a Consequently, facing elections in May CA leader whose national inexperience proved 2011, Canadians decided Harper had no fatal. “hidden agenda.” With his implicit “it’s the Subsequently, Day showed more personal economy, stupid” campaign theme, Harper humility than might have been expected. ran a tightly scripted, zero defects, “boy in a Despite crushing election defeat and ouster bubble” campaign, letting others make the from leadership, he continued as an MP errors. Harper was deservedly victorious, and a sufficiently loyal Harper supporter to with masterly technical tactics as well as be trusted with important ministries, roles in substantive advantages. The result is a stable which he performed credibly. His decision not Canadian majority government after seven to stand for re-election in 2011 cost Alberta years of day-to-day minority government an articulate, experienced interlocutor in turmoil. government decision-making.

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In contrast, Harper rose above suggestions extended political relevance. In government, that he was a humorless, inflexible, dogmatic caucus discipline held throughout his second ideologue. He demonstrated “human mandate; Conservatives appreciated that touches,” for example, playing the piano and securing a majority required his leadership singing a Beatles song at a 2009 National Arts (and continued good luck). charitable event. Harper will never be a warm, fuzzy schmoozer, but calm competence is Moreover, Harper has remained lucky. In 2009 a respectable image for Canadian voters, the Opposition created a coalition that could especially in parlous economic times. have ousted Harper barely two months after the election; instead, Harper persuaded the — Harper has survived his worst mistake(s). governor general to prorogue Parliament. Harper’s early circumstances reflected Likewise, through adroit parliamentary more good luck than good management, maneuvers and popular indifference, he as media focused on Chrétien-era scandals skated past doggy issues, e.g., official and Martin’s efforts to run Canada. Harper knowledge of mistreatment of detainees also benefited during his first mandate from transferred to Afghan authority. During the a unified, disciplined caucus and “best of 2011 election, the Liberals and the New times” economics. Conservatives recognized Democrats inveighed against Tory budgets for Harper was (and remains) their last best “jets and jails,” but their criticism never gained chance, first for near-term and now for traction.

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An Interim Conclusion “steady as you go” economics, a balanced budget expected by the 2015 election, with The Stockwell Day saga perfectly illustrates the realization that Canada’s fortuitous escape the “Peter Principle.” Day exceeded his from the worst of 2008’s Great Recession may competence as party leader; however, not be duplicated should “double dip” financial descending several levels, as foreign affairs crises of global magnitude hit the United critic, he shamed the Liberals into designating States and the EU. a prominent group as a terrorist organization. As Public Safety minister, he managed highly Following their 2011 catastrophe, the media-politicized internal security challenges Liberals can no longer credibly argue they such as the “thickening” of the U.S.-Canadian are Canada’s “natural governing party”— border and the Omar Khadr Guantánamo particularly if their choice of Justin Trudeau imprisonment, without incident. He reminds as leader provides another turkey for Tory an observer of Joe Clark in his post-prime election celebration. Nevertheless, 60 percent minister incarnation as a loyal foreign affairs of Canadians support non-Tory alternatives. minister for previously bitter rival Brian In recent visits to the polls, the electorate Mulroney. seemed more convinced that Liberals needed more “penalty box” minutes than Harper continues to grow as party leader they were delighted with Tory governance. and prime minister. As a minority government The 2011 majority victory represents hard- prime minister, he more than held his own. earned respect of the electorate. There is no He initially had many positives supporting judgment yet on the longer term meaning of him, including the best economy in a the 2011 election—only questions. Is there a generation, social and provincial tranquility Liberal in Canada’s future? Has the NDP had (no near-term Quebec sovereignist action), its career year election? Has annihilation of and an Opposition leader perceived as the Bloc Québécois put paid to separatists weak. Much good fortune continued in his as a force in Ottawa? Will the Conservatives second mandate; the Great Recession was encounter voter fatigue in 2015 after holding a hammer blow to the economy, but not of power for nine years? sledgehammer dimensions that battered U.S. and most Western democracies. In the end, Harper may fall short. He faces The government avoided fiscal scandal, new challenges based on Senate malfeasance orchestrated parameters for honorable and restive caucus members pressing social withdrawal from combat in Afghanistan, and conservative agendas. His key long-term improved relations with the United States. political objective is to eliminate the Liberals Having another weak Liberal leader in as a viable party and transform Canadian Opposition helped. politics into a “left” versus “right” dichotomy. Conceivably, even without Jack Layton’s In his opening months as majority prime charismatic leadership, the NDP could minister, Harper delivered what he promised become the “left” alternative either through throughout his political life: a tough-on-crime combination or co-option with the Liberals or package, elimination of the “long gun” registry, further political evolution. Or the Liberals, in federal fiscal support for political parties, and mid-2013 enjoying a next generation “Trudeau another run at Senate reform. It would be

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mania” with “Just-in-time” Justin, could rain further exploitation of mineral resources, on Harper’s carefully orchestrated 2015 and fibrillated over the possibility of offshore parade. oil drilling while retaining in place sufficient anti-business and pro-labor union laws and Harper now confronts both the “be careful regulations to discourage industrial investment of what you ask for as you may get it” reality and limit tourism. and the rare opportunity to become one of Canada’s historic prime ministers. Prior to the current “Liberal” governments of and Christy Clark The Other West: administration, political instability seemed to British Columbia be British Columbia’s hallmark. With seven premiers in the 10 years leading to 2001, the province had a serious problem with At times the Canadian province located political continuity and a yo-yo effect in the farthest west appears to be “California brand of politics adopted. Political scandal North”—a land of enormous wealth and unfortunately drove several of the group from potential with a heavy sprinkling of “fruits and office (, , and nuts,” in keeping with the snide description ) and badly scarred Campbell’s of California. British Columbia leads government. British Columbia has not yet Canada in marijuana production and its per elected a movie actor as premier, but the capita consumption. Asian immigration to movie industry continues to thrive despite Vancouver and its environs stretch Canadian having “400 rainy days per year” (as once multiculturalism. The “French fact” lies so uttered by a character in the classic television lightly on the land that it might as well be science fiction suspense series “X-Files”). nonexistent; if you heard someone speaking French, it would more likely be a French Setting the Stage Politically—Some tourist than a Quebecker. The effort to make Background the Olympic 2010 Winter Games visually bilingual was an affectation—and done so The NDP was reelected in June 1996 on poorly for the opening ceremonies that it the strength of new leadership (Glen Clark) generated a mini-scandal, requiring politically and a set of promises (balanced budgets) correct somersaulting to place French more that almost instantly were revealed as prominently in the closing ceremonies. lies; as such, it was the proverbial “dead man walking” for the final three years of its One might characterize British Columbia mandate. Forced to resign after a variety of as the province of the future—and then criminal charges relating to corrupt practices cynically suggest that it always will be. Indeed, (which were ultimately dismissed after much like California, British Columbia is easy to controversy), Clark eventually was replaced caricaturize. Until the election of the Gordon by , who offered various clean Campbell Liberals in 2001, the province government actions and cabinet shuffles, seemed to revel in its excesses and imply that combined with personal integrity. However, for all of its wealth and potential, it was in a by then it was too late. In May 2001, the NDP self-defeating downward spiral that scorned took a historic beating, losing all but two its natural resource industries, prevented

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of the 79 seats in the provincial assembly. holiday in Hawaii in January 2003, which At points during the campaign, it appeared featured a memorable “mug shot” of the possible that the Liberals would win every dazed premier. All such, combined with seat, but two ridings (that according to one political infighting, took its toll. The problems observer would not elect just a “yellow dog” of managing a massive majority at times but a “dead dog” if it had an NDP label) appeared to be as daunting as being in supported their incumbents. opposition.

Dosanjh also lost his seat and immediately Although Campbell’s ministers appeared resigned as NDP leader, ultimately to surface to be intelligent and motivated, at the rebranded as a federal Liberal, winning a seat three-year mark in his mandate, many still in the 2004 federal election and subsequent lacked command of their portfolios. With appointment as Health Minister. He continued the expectation of victory for at least the in noisy opposition within the federal three years running up to the 2001 election, parliament after the Tory 2006 and 2008 Campbell had the opportunity to recruit an “A victories (where he won his riding by 22 votes) Team,” and he appeared to have done so. But before being swept aside in the Tory 2011 an initial burst of effort by the Liberals seemed landslide. to bog down almost before it started.

During the 2001 campaign, Gordon A Second Victory Campbell promised a massive compendium of commitments and said that he expected Nevertheless, in the “two-term” tradition of to be held accountable for them. The most most modern governance, Campbell was dramatic of his initial actions was a 25 percent accorded a second, albeit substantially reduction in the provincial income tax—a reduced, mandate, in 2005, falling from move designed to stimulate the economy. He 77 to 46 seats. Having surrendered the implemented a comprehensive government parliamentary right to call an election at shakeup and provided his ministers with will, BC elections were then “set” on a four- detailed letters of instruction, a primary year cycle. The Campbell government did objective being cost reductions essentially make progress during the mandate: the everywhere except in education and health provincial finances moved back into surplus, budgets. Nor did he miss scoring on some employment was up, and some personal easy popular targets such as eliminating taxes were reduced. photo radar-enforced highway speed limits. Good for a Three-peat Initial reactions were positive, but quickly soured as the continued effects of recession Managing to evade the worst consequences meant more budget deficits. Spending cuts of the Great Recession, the Liberals won a were more effective in stimulating labor third mandate in May 2009. The Liberals also opposition than balancing the budget. There gained seats (to 49) as a consequence of an was still another round of criminal charges overall expansion of the provincial assembly. over corruption and scandal within the The opposition NDP also gained, but ruling party. There was also a DUI conviction essentially the popular vote splits remained following Campbell’s arrest during a Christmas the same. BCers were not ready to return the

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NDP to power, and unwilling even to give the snatch-defeat-from-jaws-of-victory by the Greens representation. NDP resulted in a fourth mandate for the Liberals in May 2013. Post-election Campbell, however, eviscerated himself by witlessly adopting a harmonized Just Who Are the Liberals? sales tax (HST) for the province, combining the existing provincial sales tax (PST) and To begin, BC Liberals are not to be confused the national goods and services tax (GST). with federal Liberals, although from time to The problem for Campbell and the Liberals time they pretended to be such to secure was that he had opposed such an HST federal Liberal government support for during the 2009 election. The tax, beloved by particularistic interests. One such time was economists, was loathed by the population when they desired Ottawa’s support for their who were not amused by tax increases on winning bid for the 2010 Winter Olympics. many items previously excluded in the PST Essentially, however, until the 2013 election, but now taxed in the HST. Popular fury drove BC Liberals were all who opposed the NDP, the Liberal’s polls to never-before-seen depths from the center to the right. and prompted referendum and recall efforts against the HST and key Liberal members To be sure, there are a few “real” Liberals, of the provincial assembly. With his back remnants of those who rose to Official against the wall, Campbell was able to read Opposition status in 1991 with the collapse of the inscribed writing; he resigned in November the Social Credit party and the NDP victory. 2010 and was replaced by Christy Clark, who However, those Liberals and their stormy became premier in March 2011 after winning petrel leader Gordon Wilson were quickly the Liberal leadership the previous month. submerged by a wide variety of conservatives Clark had formerly been prominent in the who were looking for a respectable vehicle Liberal government, rising to deputy premier, with which to oppose the NDP. Many but left in 2004, ostensibly to spend more ostensible Liberals are Tory supporters on time as a single mother with her young child. the federal level, and Campbell kept a careful The seven-year absence from internecine distance from Ottawa-brand Liberals (while politics seems to have sanitized her for a insisting that his candidates and prominent “clean” return to Liberal leadership. party members not campaign in the federal elections). Likewise, the provincial Liberals To add insult to injury for the departed worked hard to avoid being involved in the Campbell, the BC electorate “recalled” the 2004, 2005-06, 2008, and 2011 federal HST in an August 2011 referendum. It takes elections, insisting that its members play in time to unscramble an egg; however, Clark federal or provincial politics, but not both. announced that the former PST would be reinstituted by March 2013. At that juncture, In keeping with this image, Campbell was all Clark could do was hope that BC residents eclectic in managing relations with Ottawa: he had short memories and considerable was a provincial politician rather than a federal forgiveness. Although in early 2012 polls player. Following Campbell’s 2001 victory, suggested the Liberals had exceeded their Prime Minister Chrétien sought to “make nice” shelf life, an effective Clark campaign and a with a premier who was not a militant socialist.

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Although Ottawa certainly recognized the powerful members of a Martin government, conservative hue of the provincial Liberals, whose subsequent problems were not Chrétien dangled the prospects of federal attributable to BC politicians. Moreover, NDP support as a quietus for provincial criticism gadfly entangled himself of Ottawa. For his part, Campbell realized in shoplifting a $64,000 ring, ostensibly that British Columbia had more than enough to present to his companion; Robinson problems and, following a quick trip to Ottawa avoided serious legal penalty, but soon after immediately after election when he met with permanently departed politics—and that, the federal Liberal caucus, he stuck to his too, was clearly a benefit for the Liberals and provincial knitting. indirectly for British Columbia (and Canada). Nevertheless, the province has hardly shed To a degree, the federal Liberals strengthened its Conservative label. Seventeen of 36 MPs their position in British Columbia prior to and were elected as Conservatives in 2006 and during the 2004 election; they again inched 22 in 2008 (when the Liberals collapsed to up in 2006, while the Tories lost several seats. five seats). The Tories lost a seat in the 2011 Almost immediately, however, a key Liberal, election while the Liberals fell further to two , defected to the Tories to seats, illustrating that while urbanites and become minister for international trade. multicultural immigrants may be voting Liberal or NDP, the heartland of the province is not. During the 2004 federal campaign, in contrast with their criticism of Alberta, the Ottawa backed British Columbia’s efforts to Liberals didn’t demonize British Columbia reverse U.S. duties on softwood lumber and or Campbell (after all, regardless of how promised assistance for the 2010 Winter marginal a Liberal Campbell might be, he Olympics, which flailed in the throes of event was still a Liberal). They were rewarded with preparation. Ottawa’s support has continued an increased contingent of MPs, growing from under the Harper government and British five to eight, including the aforementioned Columbia managed to pull out an international Dosanjh. Moreover, the temporary unpopularity success for the Olympics despite a dearth of snow of Campbell actually may have helped the during opening ceremonies and key events. federal Liberals (in contrast to the drag effected by the Ontario and Quebec-ruling Liberals) since Assessment of Gordon Campbell: Campbell was regarded as more a Conservative Low-Key Leadership than a Liberal. Gordon Campbell was not in the BC tradition Additionally, the Liberal delegation from British of flamboyant leadership. After decades of Columbia was clearly stronger. Five of the high-decibel, high-profile leaders such as eight Liberal MPs became cabinet members W.A.C. “Wacky” Bennett and Bill Vander Zalm, and the weakly performing, septuagenarian let alone a cutting edge socialist such as Glen Sophia Leung stepped aside for a stronger Clark, Campbell in comparison was almost candidate, avoiding a nomination fight. a man in a gray flannel suit. As mayor of Also, the flak-catching lightening rod, David Vancouver, he developed a reputation of being Anderson, was dropped from cabinet. The more a man of business interests rather than “star” candidates, Dosanjh and Industry a man of the people. Minister David Emerson, were prominent advocates for British Columbia and were

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Campbell’s defeat in 1996, when the Liberals “first past the post” voting system with a won a plurality of the popular vote, infuriated convoluted “single transferable vote” that many, who believed that he had led a would lead to a proportional distribution of lackluster campaign. seats according to the percentage of votes a party won in the balloting. The referendum Nevertheless, Campbell persisted. He narrowly failed, there was no repeat in 2009, improved his political parliamentary skills, and no further effort to revive it for the 2013 managed the disparate elements of his party election. It appears to be a bad idea whose adroitly, and succeeded in publicizing a more time has passed. sympathetic life story. If still not a warm and fuzzy figure, when elected he was no longer During his third mandate, which ended with viewed as robotically aloof or artificially his resignation in November 2010, Campbell populist. On the other hand, with seven endured rather than excited. His fatal attraction premiers in 10 years, maybe dull competence to the HST, which he had scorned during the was regarded as a virtue—even in British 2009 election, infuriated the BC electorate. Columbia. Still, his victory was probably only a reflection of the virtually total animosity shown Despite the Clark for Campbell switch and toward NDP leadership in the late 1990s. the subsequent Clark against-all-odds victory, the Liberals do not resemble an Alberta Tory- Even at his zenith, some observers remained style dynasty. Still, the Liberals skated past skeptical. Campbell’s survival as the apparent vulnerability replete with “it’s time for Liberal leader indicated the Liberals’ and a change” campaign rhetoric at their 12-year New Democrats’ weaknesses rather than mark of governance in 2013. Four more years Campbell’s strength. Indeed, when Campbell will make for a noteworthy run in government. ran into his disastrous drunk driving charge in January 2003, he survived partially because The NDP Looked Dead but the there was no alternative leader “waiting in Zombie Lived the wings”. Profuse apologies, alcohol abuse Retrospectively, 1996 is one of those rare programs, and many mea culpas later, BCers instances when it would have been better remained puzzled that a man whose father’s for a party to have lost rather than won an alcoholism and suicide had profoundly scared election. As the NDP retained office without a the Campbell family could have abused popular vote plurality, benefiting from Liberal alcohol himself. Nevertheless, while Campbell versus Reform vote splits in key ridings, it survived politically, he cannot be said to had no margin for error. In contrast, had ever have fully recovered. The image of the they won, the Liberals would have had to straight-laced Campbell with a sickly smile struggle through the “Asian flu” recession in a police mug shot horrified rather than and a U.S. economic downturn with a largely humanized. inexperienced group of parliamentarians. Their Politically, Campbell’s second term appeared mandate would have been narrow, and the to reflect the old Ontario Tory maxim that NDP accorded extensive ground to criticize. “bland works.” Perhaps the most dramatic Moreover, the NDP would have avoided element of the Campbell government was the catastrophes such as the “fast ferry” fiasco extensive campaign to replace the traditional and confrontations with the federal Liberals

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that cost them funding for a Vancouver resigned in December 2010 after seven years as convention center and a profitable lease for leader and was replaced by from the the Nanoose torpedo testing facility. And it party’s left wing in April 2011. is far less likely that Glen Clark would have become embroiled in the shady conflict of Nevertheless, during this period, the Liberals interest charges that forced his resignation. demonstrated that they could withstand That is not to say that the NDP would have anything except success. The grinding won the 2001 election, but it might at least recession, the intensity of union opposition have been in position to serve as a vigorous and confrontation, media skepticism, opposition alternative, instead of being Campbell’s personal missteps (including the reduced to two seats. drunk-driving arrest), and assorted Liberal party scandals brought the NDP back After the 2001 election, the NDP appeared to from the dead. First, it was no more than a be virtually the political equivalent of Carthage heartbeat beneath the lawn, but by 2004 after the Punic Wars with : army the NDP actually was leading the Liberal annihilated, population enslaved, fields sowed Party in the polls (despite their subsequent with salt. The NDP was not just defeated, it defeat), and Ms. “What’s Her Name?” (Carole was disgraced; not decimated, annihilated. James) was rated as a better leader than Reduced to a caucus of two and lacking Campbell, despite never having been elected parliamentary status as “Official Opposition,” to anything. By mid-2010, the NDP regarded the NDP received a certain amount of funding itself as well-positioned to win the 2013 and the right to question the government, but election, benefiting from, if nothing else, the its position was very humble. In equivalent fatigue factor dogging the Liberals and the circumstances, the Saskatchewan Tories general popular desire for rotation of parties renamed themselves the . in office. Then they defenestrated James who For a period, “NDP” was the party “that dared had midwifed their rebirth. not speak its name” in British Columbia—or at least not without the expectation of derision. With this maneuver, the NDP also proved to be able to endure anything except prospective Moreover, the NDP’s two parliamentarians, success. In a 2013 electoral defeat that Joy MacPhail and , were hardly stunned every professional observer and bosom buddies politically or personally. proved every pollster wrong (they went Indeed, MacPhail announced that she would back to muttering over their mathematics not continue as party leader and intended and blaming the voters), the Liberals won. to leave Parliament. After a leadership race Perhaps they demonstrated that you still among unknowns, was chosen need someone to beat someone, and Dix to direct the party in November 2003. She is was not “someone.” Indeed, he proved a accorded considerable credit for campaigning perfect illustration of the Peter Principle effectively in 2005 and bringing the NDP back where a capable, nerd-type introvert, more to political relevance with 33 members in the comfortable with numbers and briefing legislative assembly; she further improved its books, was forced to his obvious discomfort standing to 35 in the 2009 election. That proved to pretend to be an extrovert. He adopted a insufficient for the always-fractious NDPers; she “front runner” stance and professed to run

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a “positive” campaign saying no evil about leader in the May 2011 election. Christy Clark (even when she ran a red light with her child and a reporter in the car). Throughout this period, prime Green Instead, he did worse: he reinforced the candidates in British Columbia were giving paradigm of NDP tax-and-spend ideology, a fighting chance in specific BC provincial saying that he was going to raise taxes and ridings, but none was successful. For her implement environmental reviews so stringent part, Carr flailed provincially, and the Greens that they would de facto prevent pipeline fell electorally in 2005, reflecting the NDP construction and new resource exploration. resurgence. She resigned and was replaced in For her part, Clark was relentlessly negative October 2007 by , who in six years toward Dix saying, that he was untrustworthy never made a mark, announcing in August and would damage British Columbia’s still 2013 that she would resign. Sterk’s Greens recovering economy. Dix’s implosion in the pulled a lower percentage of the 2009 vote May 2013 campaign leaves his fate unknown; than the Greens won in 2005, and had still perhaps he qualifies for “dead man walking” fewer votes in 2013. Nevertheless, the Greens status despite presenting a brave face to won their first provincial assembly seat in the disaster. 2013 election in a Victoria riding, and the victor, Andrew Weaver, became the obvious No “Green Machine” for candidate for Green leadership. British Columbia Indeed, the failure of the Greens is partly Conceptually, British Columbia with its a reflection of the political reality that now intense concerns over the environment, everyone is trying on “green” as the color of energy development, pollution, and now the era—or at least a pale shade of it. Nobody climate change should be congenial to Green has to lament, as does Sesame Street’s movements. During the 2001 election, the Kermit the Frog, the difficulties of being Greens’ program of radical environmentalism green. When Premier Campbell implemented presumably attracted enough disgusted a in July 2008, increasing the NDPers to puff up their 12 percent of the price of gasoline, that decision increased vote, but they won no provincial assembly the popularity of the NDP opposition, which seats. Observers at the time also suggested immediately instituted an “ax the tax” plan. that the Green leader, , did not The effort to promote the federal Liberals’ “grow” during the campaign and predicted Green Shift, if anything, made the Campbell she would not become a significant political carbon tax even less popular, despite offsets force. Nationally, the Greens struggled to and tax rebates ostensibly designed to make become more than a granola-munching bunch the tax revenue neutral. And the “true Greens” of tree-huggers and sought to develop a more have not been able to seize ownership sophisticated platform, including - of the topic, leaving them with continued type planks. While they were active in British support “a mile wide and an inch deep.” All Columbia and nationally throughout Canada in these contortions have led to one elected the 2004 federal election, they elected no one; representative, first in federal Parliament they repeated this outcome in 2008 before and now in British Columbia. Perhaps when breaking through by electing everyone is “green,” in reality nobody is.

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The Economy Has Finally Recovered unionized and hostile. Consequently, every but Did Not Spin on a Dime attempt to cut spending has been met with significant demonstrations. The Liberal During the NDP years, British Columbia government went nowhere near as far as moved from being a “have” province to “have the Klein government in Alberta did in 1993 not” status and began receiving transfer in restructuring and reducing spending; the payments from Ottawa in 2002. Needless to result remains very expensive governance in say, this was embarrassing for BCers, but the province. it was a development that the Liberals had predicted and were able to lay at the NDP’s Moreover, while all agree that the business door—and that was certainly better than not climate is significantly more positive under a having the money. decade of Liberal government, initially there was more promise than performance. Despite Unsurprisingly, the provincial finances were intimations that the Liberals would consider in even worse shape than announced before offshore drilling for oil and gas, it now appears the 2001 election. A “fast ferry” project, which further away than the next millennium given developed and procured at enormous cost the Deepwater Horizon Gulf of Mexico oil spill. a number of high-speed ferries for intra- There is a vague intimation that environmental provincial travel, proved totally unworkable; ideologues might accept natural gas drilling ultimately, they were sold at enormous loss. (gas won’t spill), but their antipathy to a Energy exports were not as high as in 2000, pipeline that might bring “dirty” Alberta oil to and the slothful U.S. economy immediately the pristine West Coast for export to China post 9/11 hurt since British Columbia’s remains epic. Building a Northern Gateway symbiosis with the United States is a key to its Pipeline will require Herculean effort—and economy. Expenses, particularly from health perhaps will end with analysts recalling that care, which in July 2001 were $400 million Sisyphus ended crushed beneath the rock over budget, escalated further; although the he never could get up the hill. Likewise costs could be blamed on the NDP, they still problematic is the proposal to turn Kinder had a depressing effect on the economy. Morgan’s Pipeline that would bring additional Likewise, the Liberals’ 25 percent tax cut Alberta oil to the Vancouver area (and drained revenues, but its stimulating effect predictably opposed by environmentalists, was slow to come. Nonetheless, gradually, as First Nations, and municipal councils). the economy across the continent improved following the 9/11 shock, it also improved in Although the Liberals attempted to make it British Columbia, and generally the province clear that the province is “open for business,” was regarded as having “turned the corner” investment remains in short supply. British after 2005. Still, by 2008 with a United States Columbia may be “open,” but it’s short on heading toward “Great Recession” dimensions customers—and the off-and-on recessions and housing decline in the offing, exports have not helped. Disagreement on hardy such as lumber plunged, and the economy perennials, such as softwood lumber and performed badly in 2009 with recovery still energy costs, has continued. Pipeline battles slow in mid-2013. are another barrel of cold water on economic investment. BC government employees are heavily

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Frankly, the softwood lumber imbroglio supposed to turn sometimes leads into a cul- appears destined to persist until North de-sac. Over the long run, the now-victorious America is clear cut. At essential issue is the Liberals under Christy Clark still hope to persistent U.S. assertion that the Canadian import the Alberta formula of restraints on (mostly BC) lumber industry receives government spending plus incentives for government subsidies at the federal and business to restore prosperity. It is the right provincial level that allow it to conduct foreign formula, but could take years to implement, trade at below-market rates. The U.S. tactic and even the freshly victorious Liberals may has been to ignore adverse WTO and NAFTA not endure long enough to see it. decisions on softwood and to pursue further legal options. That U.S. tactic has frustrated The Core of the Problem for the the BC lumber industry to the extreme, as Canadian West forestry continued to decline and sawmills closed. On the U.S. industry’s side, it was A handful of additional seats in parliament cheaper to hire more lawyers and drag out the projected for 2015 are irrelevant—even larger argument than to modernize equipment. The numbers will be going to Ontario. As long as eventual agreement on softwood in October Ontario has more MPs than the total of the 2006 orchestrated by the Harper government West—and it will until Western population is and the George W. Bush administration greater than Ontario’s—Ontario will have more engendered as much irritation as satisfaction. political influence than the entire West. And It was largely viewed as a reloading break that says nothing about the political weight of rather than a ceasefire, and starting in early Quebec, with almost as many parliamentary 2008, the sides were back in court with still seats as the Western total, and with further more disagreement over implementation. seat increases due for 2015 that are “political” Decimation of BC forests by pine beetles rather than demographically justified. further depressed the industry but generated There is nothing in the Canadian political large amounts of ostensible “damaged” timber structure, including a Supreme Court selected for export, but there remains no obvious by the ruling party that protects provincial solution either to the beetles or the trade rights. For all practical purposes, the battles. The depressed U.S. housing market, “notwithstanding” clause of the constitution driven by the sub-prime mortgage crisis, has is a dead letter in Alberta, as illustrated beaten down exports still further and the legal by Premier Klein’s reluctance to employ it battles have continued. (See Chapter 12 for short of a popular referendum of undefined further details.) dimensions on a specific issue. And then In essential economic terms, British Columbia there’s a commensurate reluctance by Klein’s is a “have” province; it has natural resources, colleagues and successors in other Western scenic vistas to die for, and a vigorous provinces to employ the notwithstanding population that assures it will be one of the clause. Of course, you cannot force global success stories of the twenty-first individuals to defend themselves; some slaves century. In tactical terms, however, it has learn to love the clanking of their chains. been a very long street for the Liberals, and Tangentially, Ottawa means less and less the “corner” around which the economy is to the West; and Harper’s Conservative

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government has sought to enhance provincial that if the West wanted more influence, the autonomy further. For Westerners, Ottawa answer is simple—elect more Liberals. How generates regulations and obstructions brilliant and insightful! However, taking that rather than answers. Citizens are looking suggestion to extremis, assume that all 308 to provincial governments to provide MPs were Liberals (or Tories for that matter). their highest priority needs in health and In such an instance, the interests of Ontario education. Before the Great Recession, and Quebec would still massively outweigh federal contributions to health services were Western interests. Bluntly, in other words, projected in 2010 to be 11 percent of Alberta electing more Liberals or Tories would solve expenditures; government officials claimed nothing essential for the West. they could manage the full costs themselves, if necessary. The First Ministers’ conference The combination of a lack of political in 2004, an event that brings together success on the federal level and the reality of premiers with the prime minister, ostensibly economic exploitation has left the West with was directed to fixing Canadian health care an “attitude.” Such is in partial abeyance given for a generation. That was feckless from a Tory majority government, but remains an the get-go. And health care costs continue underlying socio-political factor for the region. to rise faster than inflation; the thought of In the West, a December 2000 poll indicated returning in 2014 for another round of health that 53 percent of Alberta respondents said care confrontation excited no enthusiasm their province was treated worse than other or prospect of collegial agreement. provinces. In contrast, only 37 percent of Consequently, British Columbia and Alberta Quebeckers and 12 percent of Ontarians felt welcomed the surprise Ottawa decision that disrespected. Nevertheless, this judgment health care funding post-2016 will be linked to did not then affect Alberta’s and British inflation and population increases and money Columbia’s commitment to Canada, as distributed to provinces without detailed other polls indicated stronger than average federal spending restrictions. attachment to Canada. A more recent, June 2010 Maclean’s, poll reported that 62 Nor does the approach as proposed by percent of BC residents thought their province Warren Kinsella in early 2001 offer much had less than a fair share of influence on comfort. To many, it sounds like “a lot of “important national decisions.” whining ...by a bunch of losers.” Although Kinsella has passed into the blogosphere, But at this juncture, all of the theoretical his attitude remains extant among the solutions would appear to require amending federal Liberals and New Democrats. Hence the constitution and hence reducing the 2001 suggestion by then-Minister of the powers of the currently advantaged Interprovincial Affairs Stéphane Dion, who provinces. Proposals include some method of said that the Liberals can’t change their proportionate representation instead of first- policies just because 75 percent of the West past-the-post election, Senate reform, or even voted against them because that would be splitting Ontario into five provinces. None of unfair to the 25 percent that supported them. these approaches appears feasible—definitely Rather disingenuously, the Liberals suggested not a good near-term bet.

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A Cautionary Note for the owners, such as Alberta... it would be unwise Canadian West to underestimate those forces that would want to develop such a plan.” A more current Being large, rich, and powerful is wonderful. version was the trash talk about Alberta’s oil Being small, poor, and weak is pitiful. But sands by then Quebec Premier Jean Charest, being small, rich, and weak is dangerous. In then Ontario Premier Dalton McGuinty, geopolitical global terms, the Persian Gulf and then Toronto Mayor David Miller at the states were akin to paraplegics in solid gold December 2009 climate change world summit wheel chairs. The surprise wasn’t that Kuwait in Copenhagen. And NDP leader Thomas was “mugged” by Saddam Hussein in 1991; Mulcair’s musings in 2012-13 over Alberta oil the surprise was that he waited as long as he resources stimulating the “Dutch disease,” did and was so clumsy about it. driving up the Canadian dollar, and talking about environmental controls that remind Currently, even in the Great Recession, Alberta of the NEP. Talk about gnawing the Alberta falls into the “fat and sassy” category, feeding hand! with no sales tax, low unemployment, the projected lowest provincial income taxes, Is this paranoid thinking? The realists say rebates to handle increased energy costs, a that Ottawa and Canadian politicians of manageable provincial deficit, and, de facto, all ideologies recognize that Alberta must no provincial debt. As soon as the recession be a major engine for Canadian economic ends, there will be surpluses as far as the eye success, given the faltering auto and general can see, permitting additional investment in manufacturing industry in Ontario and the education and health services to boost the decline of seafood and softwood lumber “Alberta advantage” still further. Boom, boom, extractive industries in the Atlantic provinces boom. Enviable; very enviable. And still they and British Columbia. Consequently, Ottawa complain, mutter Canadians in the East? will do nothing to damage this golden-egg- laying goose. One major research institution, For Alberta, the great bête noire is the when quietly approached by business Trudeau Liberals’ 1980 Natural Energy representatives to determine what Ottawa Program, which in their view robbed them might do to extract more revenue from Alberta of the benefits of the energy boom of the à la the NEP, professed that it could not day. Liberals tell them to “get a life”—the determine what could be done. NEP ended more than 25 years ago, and NAFTA rules prevent a comparable predation. To a degree, the Chrétien-Martin Liberal Alberta, however, has the skittish feeling of governments in Ottawa tried to stay out of a spouse abused years ago who accepts the way. The federal government made no intellectually that it was an aberration, but objection to Klein’s energy-focused visit to believes viscerally that it could happen again. then U.S. Vice President Cheney in 2001, The point is reinforced by individuals such and facilitated meetings with senior Mexican as the late Alberta Premier , energy officials. Nor was there a significant who in a February 16, 2001, op-ed noted that federal reaction to Klein’s criticism of the “it’s not beyond the talent and ingenuity of Bonn codicil to the Kyoto “Global Warming” federal mandarins to design quite a different agreement. But Canadian adherence to the policy...to hive off revenue from resource

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Kyoto Treaty went forward all the same with dagger point. Relations with Premier Dalton ratification completed in 2002. One can McGuinty’s Liberals were far from perfect argue that Canadian reservations made its during the Martin incumbency, but McGuinty provisions effectively inoperative and that as needed Ottawa’s financial support, was not long as the United States refused to agree, getting it from the Tories, and would have federal authorities would not seek to impose cooperated with a Dion Liberal government restraints on Canada that would damage in Ottawa. In contrast, Harper, elected from competitiveness. Conversely, they could cite a Calgary riding , at a minimum appreciates 2004 polls to the effect that Alberta reportedly Alberta’s political and economic needs and then endorsed Kyoto objectives. At the same would not do the province gratuitous damage. time, Canadian officials were hardly front and center at the December 2009 Copenhagen Martin, however, demonized Klein during the “climate change” extravaganza. Canada 2004 federal election; Klein was not amused garnered a “fossil” award for recalcitrance and relations were not improved by having regarding that meeting’s objectives. In Martin present at the 2005 Calgary Stampede Alberta, such a designation would probably implicitly to flip him “the bird” (and a few be regarded as the equivalent of a Medal of pancakes) while raising money from Liberal Honor. Ottawa’s December 2011 withdrawal supporters. Klein made his irritation clear from the Kyoto Protocol generated frenzy from by skipping the last two days of the First the liberal left, reinforcing Alberta’s suspicions Ministers’ conference in 2004, intimating that that Kyoto is really directed against them. those discussions were feckless posturing (as they were) and that he preferred to spend Essentially, the Liberals and the NDP have a his time more productively (if not profitably) long history of failure with Alberta. Despite in a local casino. By the 2006 election, all of Chrétien’s teary-eyed exultation over “his the Liberal seats in Alberta were history. Dion Rockies” when expressing love for Canada, was constrained to using his 2008 presence his emotion did not extend very far in Alberta. in the province just for fund raising—visiting Following their 1993 sweep of the country, Alberta in the course of selling the Green Shift the Liberals held a handful of seats in the to talk to the Liberal choir and raise money for Edmonton (“Redmonton”) area but it was a the funds-short Liberals. For their part, some lonely bastion against rising Reform, Alliance, media suggest that since Alberta has the and Conservative tides that steadily eroded carbon, it must pay the tax. until only the maverick held an Edmonton seat on personal credence having Of greater concern for Alberta was Liberal nothing to do with his ostensible Liberal party leader Stéphane Dion’s commitment to designation. And currently the sole NDP “The Green Shift”—a complex energy, tax, representative appears to be an exception, environmental, and economic plan introduced pointing to the rule of aberration rather than in June 2008. The plan, which doubled as a serving as a beachhead for any NDP surge. significant portion of the Liberals’ campaign platform in the 2008 federal election, Nevertheless, Chrétien was able to use Ralph presumably would have been implemented Klein to offset Mike Harris’ Ontario 1999-2003 had the Liberals won the election; it would Tories, when Ottawa-Ontario relations were at have put significant additional tax burdens on

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Alberta’s energy production. The proposal, The American Answer which was excoriated as a “carbon tax” and depicted by others with deleted expletives, It is not as if the relationship of small or thinly could have substantially damaged Alberta’s populated areas to large, densely populated economy by discouraging the investment regions is a politically unknown phenomenon necessary for extracting oil from the oil sands. in North America. The United States faced the Whether the Dion Liberals would have been issue at inception. The American question was as cavalier in government as they appeared how to persuade states such as Rhode Island, in opposition is now an irrelevant question; Delaware, New Hampshire, and Georgia to however, with no representatives among the join political and economic powerhouses such 28-member Alberta caucus, Liberals had no as Massachusetts, New York, Pennsylvania, incentive to go easy on Alberta when Dion and Virginia. The compromise is a widely foresaw the carbon tax as the source of funds known political science classic: a Senate in for Liberal social spending. which each state has two representatives Nor did Michael Ignatieff, Dion’s successor balances a House of Representatives whose as Liberal leader following the 2008 election, numbers are determined by population. The learn from invidious experience of his result has been workable, but hardly perfect. predecessors. While he made a stab at saying Indeed, for Americans, the specter of the right words regarding the value of the is a historical constant. oil sands for Canada’s economic future, he Throughout much of U.S. history, the West then gainsaid such a position by stating that was underpopulated with its natural resources he wouldn’t permit transshipment of oil to exploited by Eastern-dominated banks and the West Coast by pipeline for sale to Pacific extraction industries. Populist movements Rim countries. That statement was simply akin to comparable Canadian movements gratuitous shin-kicking, as the likelihood of a roiled the political surface at the turn of the pipeline to the coast was hardly imminent at twentieth century. William Jennings Bryan that point and still is problematic, but keeping epitomized this Western alienation and thrice the option open—when you are not even in led the Democrats to defeat espousing the power—is useful. But the Liberals still don’t then-popular populist causes of the day. seem to have grasped that point in their political-economic commentary following the Those who follow U.S. politics closely 2011 election—nor does the NDP. know that Western are mostly “red” states that predominately support Republicans Nevertheless, if Alberta anticipates “tough and complain bitterly about “Washington.” love” now, just wonder how much sympathy Their laments are most pointed when central Canadians, who are suffering from ever activist Democrats hold the presidency and rising energy bills and $1.24/liter fuel prices in issue expansively restrictive land use and mid-2013 (down from $1.50, pre-recession), environmental regulations. These Democrats would offer them if Ottawa devised some neat care as much for Western (Republican) fiscal gimmick (call it Green Shaft Mark II) to concerns as Liberals care about Western extract more eggs from the golden geese in (Reform, Canadian Alliance, Conservative) Calgary to deal with the ramifications of a concerns. Occasionally there are even silly “double-dip” recession.

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season media reports of one tiny jurisdiction most trivial part of a Senate’s authority; it was or another voting to “secede” from the United not until 1914 (under the 17th Amendment States; they are bleats for attention to local to the Constitution) that the United States grievances. Their ultimate power and defense elected senators by popular vote. The keys lie in the Senate where 23 states (with almost for Senate power are equality in numbers half the Senate votes) can be classified as and political authority. Without such political small in population. With this potential power restructuring, Alberta and other parts of the and the absence of anything like serious party West will always be open to exploitation; they discipline, every U.S. vote is a “free vote,” and are dependent on the good will and restraint small states are able to bargain to protect of to limit the level of their their interests. As a result, there are legislative exploitation. The West is “down” and “out” limits to the extent that Washington can ignore by definition; the question is whether Central or exploit them. Canada will refrain from kicking them?

In that regard, the Canadian West must Western Independence recognize that it will be structurally disadvantaged—forever, or at least as long For most Albertans and Canadian as the current federal political structure westerners, independence is the crazy endures. The proponents of the “Triple-E uncle in the attic—a guy who is paranoid Senate” (equal, elected, effective) appreciate when he should merely be neurotic. They that reality, but in the absence of basic do not seek independence; their history is constitutional revision, there will never be tied to the rest of Canada by the natural a Triple-E Senate. Indeed, those in Alberta westward expansion of explorers, settlers, who are electing senators-in-waiting with the and immigrants. They did not become part hope that the prime minister will continue to of Canada through conquest; there is no appoint them from such a list are chasing a irredentist or minority language element chimera. Even when occasionally successful, hoping to regain lost independence. They such as with the Harper appointments of Bert are Canadians because, well, because they Brown in April 2007, in January are. Nevertheless, as is the case for Quebec, 2012, in January 2013, and Scott various geographic sections of Canada Tannas in March 2013, it would lead to still could quite readily qualify as independent greater frustration. Does Alberta want to have states. Both Alberta and British Columbia, the right to elect as many senators (6) as either together or separately, would quite Newfoundland (also 6)? Or to recognize that easily qualify for the full panoply of powers the combination of (10), New as independent, self-sufficient, “first world” Brunswick (10), (4) and nation states. The basics of clearly defined Newfoundland would elect five times as many territory, coherent population, extensive senators (30) as would be Alberta’s allotment? natural resources, economic development, To hypothesize that election would be a step internal security, and democratic “rule of law” forward would be relevant only for those that epitomized by effective government would just believe walking into a cul-de-sac is going to be checkmarks to be noted, not obstacles get you somewhere. Indeed, “election” is the to be overcome so far as independence is

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concerned. One could easily see them as be exercised, reflecting a reality that cannot members of the United Nations in 2050, if not be denied. The reverse of this coin should be earlier. recognition by Ottawa that there are upper limits to Western complaisance, and the It would be useful for Canadians as well as Ottawa federal government is closer to hitting Albertans to note these realities for what they this ceiling than in the past. are—an option and a potential that may never

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The Traditional Politico- socialist government control with social safety Economic View net expenditures driving its federal budgets into dangerous debt and deficit. At one point in the mid-1990s, described Canada as a third-world economy he U.S.-Canada economic relationship with the intimation that the country was in Tis characterized by an exponential dangerous economic straits. The Canadian difference of 10 to one. The ratio pertains both dollar (the “loonie,” curiously named after the to the massive difference in our populations diving bird embossed on one side of the dollar (approximately 313 million to 34 million coin) began to resemble its nickname plunging as of mid-2013) and the commensurate at its lowest to 61 cents against the U.S. disproportion of our economies. Canada dollar in January 2002. has struggled against this reality and sought greater appreciation of its economic strength Canada’s industrial operations were both bilaterally and internationally. But when characterized by significantly lower most foreign ministries have a “North America productivity than U.S. counterparts. Its banks Bureau” within which Canada is the appendix and banking procedures were regarded as to relations with the United States, it is an lagging in the utilization of sophisticated uphill battle to obtain this recognition. debt instruments and borrowing techniques. Its stock markets were more risky for a Traditionally, Canada has been regarded conservative investor. Higher personal and unfairly as more a “hewer of wood, drawer of corporate taxes, along with the absence of a water” in style rather than an advanced, high- tax write-off for interest on home mortgage tech manufacturing and industrial economy. It loans, were also viewed as depressing the has been characterized as rather stodgy when Canadian economy. it wasn’t described as suffering from semi-

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Furthermore, Canada has struggled with United States has not exercised the political some success against being characterized as dominance that its military strength could a “resource economy” (or a “branch office” easily have accorded. Areas that are rich economy relative to U.S. manufacturing and weak do not usually end in benign firms), but such a description is closer to relationships with overwhelmingly powerful reality than Canadians would like to believe. neighbors; History suggests that they such Highly successful, cutting-edge firms were areas are - quickly incorporated by their purchased by U.S. investors who then moved neighbor(s), perhaps through direct military their most creative elements to their U.S. conquest or by a “referendum” crudely operations. Repeatedly, the best and brightest manipulated by the neighbor. And when 85 from Canadian universities and business to 95 percent of the Canadian population and finance circles ended up in the United lives within 50 to 100 miles of the U.S. States. For some, the money was irresistible; border, many with family ties in the United for others, it was the R&D opportunities. Still States, annexation would barely have been other de facto expatriates in the arts believed a hiccough. Happily, that action has not that success came only when competing happened; there has been no aggression, on the biggest stage—and that platform although more than a lunatic minority of was in Hollywood, not Toronto. Staying in Canadians voice suspicion over any action Canada suggested a lack of imagination or by or proposal from Washington that it can ambition, almost a provincialism—unless interpret as leading to “loss of sovereignty.” you were hindered by the mediocre English demonstrated by most francophones and Individuals and nations rarely are grateful consequently forced to make “lemonade.” for a congenial persistent reality that they have come to take for granted. How many Nevertheless, being a resource economy is Southern Californians awaken and say, “How not necessarily a bad position, particularly wonderful that it is a beautiful day”!? But when your resources are in vast and the United States qualifies as “Goliath” in increasing demand—and give no indication of today’s world, and Goliath is not only unloved, being limited in the foreseeable future. Being but looks a bit silly complaining about the the world’s largest supplier for the world’s absence of affection. largest market is an enviable position—even in a recession—and the Great Recession has The historic anomaly persists because the barely dented Canada’s foreign markets. United States is the United States and is not one of the aggressive combines that have Canadian Negotiating Tactics marked history and notably characterized the twentieth century. Canadians can rest easily in their beds—and profit from the relationship. Historically, there has been a variety of ap- Consequently, there has been a sense in proaches available for Canadian weakness to Ottawa that in bilateral economics, the deal with U.S. strength. United States may be the 800-pound Theoretically, Ottawa could simply be gorilla compared to Canada’s 80-pound grateful that Canada has survived, that the chimpanzee, but the chimp can outwit,

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outmaneuver, and generally manipulate the Yet there are a number of illustrations in which relationship to its advantage. It can even poke Canada extracted a better deal than the the gorilla upon occasion—so long as its economic factors might have suggested. pokes avoid blatant stick-in-the-eye actions. The Auto Pact In so doing, Ottawa has invariably sent its “A Team” to the negotiating table. It is not so The Auto Pact, officially known as the United clear that the United States has always done States Automotive Products Agreement, was the same. There has been in Washington signed in January 1965 between President an attitude that “if you can’t get along with Lyndon Johnson and Prime Minister Lester the Canadians, it is your failure rather than Pearson. It eliminated tariffs on cars, trucks, theirs.” Being “tough” on the Canadians gets buses, tires, and automotive parts. The little political resonance compared with being agreement also ensured that automobile tough on Mexicans, “south of the border” production in Canada would not fall below denizens, or perceived major competitors 1964 levels. The move headed off a pending such as the Japanese or Chinese. Thus “auto war” with the United States, which was the implicit stance is that the United States poised to claim that Canadian manipulation should be able to leverage its economic of tariffs related to “” in power without being blatant about it, and automobiles violated the General Agreement Canada plays the “poor little me” card to on Tariffs and Trade. perfection. There has never been a bilateral agreement the result of which has not left the The immediate result was a vastly expanded Canadians complaining about the outcome, North American production schema with an international decision favoring the construction of much larger production United States that was viewed as correct or facilities in Canada to produce a single vehicle judicious, or a U.S. proposal characterized as for distribution throughout North America. fair. For a U.S. observer, it is tiresome but true. Thousands of jobs were created at increased wages and higher labor productivity; automobile costs for Canadian purchasers fell. Previously, only 7 percent of cars made in Canada were exported to the United States, but following the Auto Pact, exports rose to 60 percent by 1968. A previous trade deficit was reversed, and Canada benefitted from an export surplus in the billions of dollars.

Naturally, Canadian critics whined. The jobs were primarily “blue collar” jobs and not the administrative and R&D positions that remained in the United States. In truth, there is no evidence that without the Auto Pact, the Canadian Brian Gable, Globe & Mail, 2011 auto industry would have thrived or even

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survived any more than the Canadian aircraft The Civil Aviation Agreement industry survived. Indeed, by the 1960s, there “Open Skies” were no indigenous Canadian auto producers, but rather adjuncts of U.S. producers. In the mid-1990s, civil aviation between the United States and Canada, if not quite Instead, the thousands of jobs that were at the level of the Wright brothers, was not created benefitted Canada (and these were significantly better than the Charles Lindberg jobs not created in the United States). era of passenger flight. Virtually every Canadians would not have purchased frequent traveler between the countries had significantly fewer U.S. automobiles had this horror stories of convoluted flight schedules, agreement not come to pass. The existing extended delays in transit, limited seating, and tariffs were not prohibitive, and the U.S.- obscure rules preventing convenient travel. produced vehicles of that era were highly attractive. The suggestion that Canada might Ambassador James Blanchard described have partnered with Japanese or European some such flights inBehind the Embassy automakers is an unknowable hypothesis, but Door: between Ottawa and Boston, “an awful has a chimeric aspect to it as it is doubtful propeller plane…It looked smaller than the that Japanese or European manufacturers one used in Casablanca, was jam-packed would have found the small Canadian with 33 people, and reeked of the lavatory.” population base of the period attractive—if Another example was found in the five-and- they didn’t also have access to the United a-half-hour “marathon” style of air travel States. between Ottawa and Washington, requiring a flight to Toronto, a plane change to fly to Ultimately, we can argue that the Auto Boston, and then a flight to Washington— Pact was good for the old “Big Three” where one could “put in a claim for missing U.S. automakers by providing production luggage.” Other paths sent travelers through efficiencies in a slightly larger market; Syracuse to reach Ottawa. There were no however, it deprived the United States of direct flights between the capitals. thousands of good, middle class jobs—and the taxes that those workers would have paid The explanation was simple: Canadians were to the U.S. Treasury. terrified that easy access for U.S. airlines to Canadian cities would bankrupt the essentially Prior to the Auto Pact’s cancellation in 2001 noncompetitive Air Canada. Although the as a violation of World Trade Organization airline was no longer a crown corporation, rules, it was technically overtaken by events— Transportation Ministry bureaucrats continued in the form of the NAFTA, which eliminated obstructive, uncooperative protective behavior requirements for Canadian content in vehicles designed to prevent any agreement. And, sold in Canada. Nevertheless, production indeed, they were successful. According facilities throughout Ontario and Quebec to Blanchard, by 1994 there had been 13 continued to benefit Canada greatly until the unsuccessful efforts to update the agreement still ongoing Great Recession and production over the previous two decades, including contractions that damaged the automobile three in the previous 10 years. The United industry throughout North America. States had, in effect, given up—at least flight conditions were better than in the 1960s when

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passengers were forced to fly to a border city systemic, reflecting the differences between and then change planes to a national airline most Canadian lumber production (many for the rest of the flight. areas operating with government support mechanisms) versus U.S. free enterprise The combination of vigorous pressure by production. There are, for example, no the politically well-connected Blanchard difficulties with Canadian lumber produced and a “time has come” attitude within the under free enterprise in the Atlantic provinces. community and among Consequently, it would be feckless to recount tourism promoters eventually generated the backs-and-forths of this dispute. enough impetus to force agreement in time for its signature during President Clinton’s Nevertheless, the current agreement visit to Ottawa in February 1995. And, at that, (extended in January 2012 through 2015) the new agreement was initially a far better came into effect in October 2006. It agreement for Canada than for the United was an agreement resulting more from States. While Canada had immediate access exhaustion than conviction. At its (admittedly to all U.S. cities, concomitant unlimited U.S. oversimplified) core, it addressed difficulties airline access to Montreal and Vancouver was stemming from the expiration of a bilateral deferred for two years and for three years agreement signed in the early-1990s. The to Toronto. Of course, American carriers United States had then placed unilateral tariffs could have immediately flown to Yellowknife, and export limits on Canadian lumber; Canada Quebec City, , and Winnipeg. rejected these and won NAFTA rulings in dispute resolution panels. Conversely, the In the greater scheme of economics, the United States won WTO decisions that agreement certainly boosted bilateral Washington regarded as more pertinent— passenger travel. In the first three years, and urged a negotiated settlement. Canada travel grew 37.2 percent (versus 4.3 percent claimed it had won the legal case and in the three previous years). Ultimately, Air declined to negotiate. The issue remained Canada’s opportunities to fly anyplace where unresolved and heated, engendering it could obtain landing slots in the vast U.S. intemperate remarks by then Prime Minister market, including tourist destinations such as Paul Martin for several years until flaring Miami, Honolulu, Los Angeles, and Las Vegas, tempers cooled and the 2006 agreement was provided far greater financial potential than hammered out. U.S. access to the Canadian market. On the other hand, senior U.S. officials could now The essence of the agreement was the fly directly to Ottawa, mixed blessing as that imposition by Canada of restrictions on its might be for U.S. airlines. softwood lumber exports, with steep tariffs as the consequence if agreed-upon limits were The Softwood Lumber Agreement exceeded. Export fees collected previously by the United States were to be returned. A And then there was/is/will be softwood skeptic would say that it was an agreement lumber. When a dispute’s duration precedes that could have been secured years earlier the creation of Canada, it is likely to if the sides had been willing to accept the persist until North America is clear cut obtainable rather than the ideal agreement. into desert. Indeed, it may be essentially

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But as it was, the agreement hardly generated one concerned whether Canada failed to a pause in the disputes. curb its exports sufficiently as required by the agreement’s “surge” mechanism, and The approach devised from the October the second dealt with federal and provincial 2006 U.S.-Canada softwood agreement programs to aid the forestry industry. The was an attempt to depoliticize the issues. If disputes were resolved by the London Court differences could not be resolved bilaterally in 2008 and 2009—both in favor of the United within set periods of time, they would States. In one, the court ruled that Canada be addressed by the London Court of violated the lumber agreement in its eastern International Arbitration (otherwise known as provinces but not in western provinces. In the “London Court” operating under “London the second, Canada was judged to have rules,” although there is no actual or physical breached the lumber agreement by failing court). to calculate quotas properly and specific provinces were directed to pay an additional According to one account in 2007, there export charge. were at least 24 different NAFTA, WTO, or Court of International Trade actions involving The disputes continue. In 2011, Ottawa the then ongoing softwood lumber dispute, agreed to levy small export charges on not including the prospect for two U.S. softwood shipped from Ontario and Quebec constitutional cases as well. Unfortunately, after an arbitrator ruled the two provinces had a NAFTA dispute panel decision does not breached the deal. “trump” a WTO decision (nor vice versa), and the opportunity for extended appeal In 2011, the United States accused Canada means that prompt decisions simply do not of violating the agreement by underpricing happen. Nor do the decisions come with an wood from trees killed in the massive pine enforcement mechanism. The protracted beetle infestation in British Columbia. That differences are not a consequence of issue went to arbitration, and in January 2012 structural failures within the NAFTA provisions; Canadians expressed confidence that Canada indeed, NAFTA and its side agreements came would prevail—despite its lack of success with a variety of specific, thoughtfully devised in previous claims. This time Ottawa won, dispute settlement mechanisms, including five with the London Court deciding in July 2012 formal dispute settlement mechanisms. Nor that the United States had not conclusively have they been without success; for example, proved a link between the lower costs and during its first decade of operation, a number the increased volume of ostensibly damaged of specific cases were resolved through timber. consultations under “Chapter 20” (General Dispute Settlement) and eight of 23 actions There is an aphorism that while marriages are initiated under “Chapter 11” (Investment). made in heaven, the maintenance is done It was the “Chapter 19” (Antidumping and day-by-day on earth. Thus it is with bilateral Countervailing Duties) disputes that have been agreements. To continue the “marriage the most contentious. maintenance” analogy, the existing NAFTA dispute mechanisms are capable of managing Thus two technical points in the softwood the “who takes out the garbage” level of agreement were in play for the 2007 disputes: disagreement but not the “shall we sell the

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house, quit our jobs, and move to Patagonia” of bile and diatribe. It often appeared more issues. These arguments—of which softwood an exercise in national pride and political lumber is only the most recent—simply must posturing than real economic concern. be addressed at the political level where, after all of the resolvable elements of the dispute There are other continuing sources of anguish have been chewed over by technical experts, which are not addressed in this review. They the bag carriers are politely escorted from the include the matter of Pacific Coast salmon, conference room and the political decision- which essentially is the problem of too many makers decide that which is to be decided, fishers chasing too few fish—with aboriginal making the compromises that have associated fishing rights thrown into the mix, and potential political costs. that of intellectual property rights, wherein Canadians managed to escape and evade That is not to say that political leaders take modernized regulation through a variety of any pleasure in the political risks involved in “oops” parliamentary miscalculations. Twenty- making decisions on these contentious issues. first century intellectual property regulation, To avoid the political risks, they seek better particularly concerning the Internet and bureaucratic mechanisms. More generally, controls over films, video and music were long the disputes illustrate that it is cheaper to hire in the offing for parliamentary action and finally lawyers than to adjust economic practices. passed in July 2012—at long last putting And in truth, for the softwood lumber issue, Canada in compliance with the 1996 World the Great Recession-depressed housing Intellectual Property Organization (WIPO) construction market has also reduced the Internet Treaty. However, U.S. personal and impetus to “fix” something that works, industry losses over the past decade have albeit not perfectly. In another dimension, been massive. Canada got a profitable free it illustrates the immense complexity of ride in this regard. balancing costs from privately-owned timber and primarily publicly-held forest resources. Likewise when bovine spongiform encephalopathy (BSE), commonly known as But regardless of the dimensions of any tariffs mad-cow disease, appeared in Canadian or heated charges of subsidies, the vagrant herds in 2003 and the United States closed question remains: if the U.S. actions are so its border to Canadian cattle, the Canadian invidious, why does Canada continue to sell to reaction was outrage at the border closure— the United States? Ottawa was not compelled not outrage at the failure of Canadian under force to ship lumber south. A turned livestock ranchers to adopt the precautions back would be a more appropriate reaction to implemented in the UK and the United States. outrageous U.S. behavior, coupled with more The Canadian mad cows effectively destroyed vigorous exploitation of Asian markets. Thus for the United States its Asian beef export Canadian whinging seems to be over the size market for most of a decade, at a cost of of the profit they make from the trade—and billions, with neither an apology for their every seller always wants more. livestock mismanagement incompetence nor any thought of compensation for the Nevertheless, one could also conclude that lost U.S. markets. Nor has there ever been the game has not been worth the candle when Canadian interest in instituting the type considering earlier high level expenditures

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of comprehensive testing for BSE that dollar was close to par with the U.S. dollar— characterizes Japanese slaughterhouse highest since 1967; the federal budget was practice. The 2005 Bush administration balanced; debt was declining; taxes were decision to reopen the U.S. border in 2005 to being reduced; inflation was low; the economy export of young Canadian cattle (at not trivial was growing; bank borrowing costs were low; political risk for the administration) garnered and trade was increasing. barely an acknowledgement beyond the “it’s about time” type comment—the same This statistical array was good enough that the level of response to the Korean reopening Conservatives were able to campaign on such of its market to Western hemisphere beef numbers. They ignored the overhanging prospect in January 2012. But when, in February of recession and held to that tactic, despite 2011, another mad cow case was detected the squawks of the opposition. Thus, in effect, in Canada, health officials blew it off—an they denied that said recession would affect approach suggesting to cynical observers not Canada—and would win. They still had only a so much that the testing system was working, minority government after the 2008 election, but but that ranchers had adopted the “shoot, they had increased their parliamentary strength shovel, and shut up” maxim that had been and percentage of the vote. promoted by Alberta Premier Klein. Cover During the next three years, marked by the up and ignore rather than control seemingly May 2011 election in which the Conservatives is the Canadian way—at least where beef is won a majority, the Conservatives were able concerned. to argue convincingly that the Canadian Perhaps Canadians might consider some of economic model shielded Canada from these tariff and trade difficulties as a “defense the worst of the Great Recession—adroitly tax” payable to the U.S. Treasury as implicit blowing off their disingenuous 2008 compensation for massive and continuing predictions that the recession would not U.S. defense expenditures for North America. affect Canada. Their management of the “it’s the economy, stupid” maxim was largely the The Recession Codicil basis for their majority victory, although they were ably assisted by Liberals’ campaign incompetence and feckless leadership, The Great Recession has been good to combined with a career year for then NDP Canada. leader Jack Layton. Nonetheless, opposition parties had a hard time arguing that the That assessment does not suggest that these Tories had not done respectably in economic are the best of times for Canada, but relatively management. They were reduced to speaking—and certainly relative to the United contending that other countries (for example, States—Canada has done very well, “thank you.” Australia) had better countered the Great Of course, “relatively” remains a relative Recession, and Canada’s relative economic term and doubtless Canadians would prefer strength was a consequence of earlier Liberal to be back in the good old days of, say, actions in banking and tax policy—and the October 2008, before the rigors of the Great Tories had made things worse by reducing Recession were fully appreciated. At that taxes. The current NDP Official Opposition point, unemployment was at 6.1 percent— continues to claim that taxes (particularly on almost the lowest in 30 years; the Canadian

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the “rich” and corporations) should be raised the endurance of its current good fortune. and that there should be no job cuts in public Ultimately, these fortunes remain closely service positions. tied to the U.S. economy; it is hard to see long-term prosperity without commensurate Nevertheless, the Canadian economy U.S. recovery—and the disappointing 2012 continued to hold its own—and even improve. Canadian employment figures and projected As of December 2012: unemployment 2013 GDP growth may be harbingers of stood at 7.0 percent—a half point lower underlying economic problems. At best, the than the United States; the Canadian dollar Canadian economy is stagnating. Perhaps the remained close to par with the U.S. dollar; rooster crowed at a false dawn? the federal budget was not balanced and debt had grown, but the government made Thus there was a touch of misguided hubris in economically feasible projections for balance Canadian public commentary and of crocodile before the next (2015) election; taxes had not tears in Canadian statements of concern increased (and were scheduled for further over the U.S. economy. The governor of the reductions); GDP had grown by 1.8 percent predicted in January 2012 albeit down from 2011; inflation was 1.5 that it would be “a number of years” before percent; bank borrowing costs remained low; the U.S. economy recovered, and concluded, and trade was growing over 2010 figures for “In fact, they are not in our opinion ultimately 2011 had exports up 11.8 percent, imports up going to get back fully to the U.S. we used to 9.4 percent). know.” At approximately the same time, Prime Minister Harper spoke at Davos, Switzerland, Consequently, Ottawa has been taking rather and appropriately touted Canadian economic noisy satisfaction in its current status, which, success while condescendingly concluding if not quite of the rooster crowing for-having- that “…each nation has a choice to make. invented-the-sun-rise dimensions, is certainly Western nations, in particular, face a choice outside its normal patterns of deference. The of whether to create the conditions for growth self-congratulations over the appointment of and prosperity, or to risk long-term economic the governor of the Bank of Canada, Mark decline. In every decision, or failure to decide, Carney, to the head the Basel-based Financial we are choosing our future…” While he did Stability Board, may seem to some the not directly instruct the United States to equivalent of being proud of getting command pull up its socks, the message was blunt. A of the Titanic post-iceberg, but no Canadian considerably less subtle approach, epitomized previously held the position. Likewise, in Brian Lee Crowley’s The Canadian Century: Europeans enduring lectures on fiscal probity Moving Out of America’s Shadow, claims by Canadian Finance Minister that Canada has the formula for economic may find themselves assuming a rictus that success. It reminds one of the 1904 statement passes for a smile. by Canadian Prime Minister Wilfred Laurier that “Canada will fill the twentieth century.” The current Canadian condition is not quite Perhaps Canadians believe that better late akin to the classic sneer levied against the (even a century late) than never. rich boy born with a silver spoon in his mouth, but it can raise questions regarding

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Some Current Twists of the transporting heavy crude oil through the Knot: The Energy Conundrum Keystone XL Pipeline to U.S. refineries (or westward through the prospective Northern Gateway Pipeline), the only question for U.S. Energy concerns was access to the energy.

Most Americans have no concept of who On a personal note, this author, with more supplies their energy so long as the lights than 30 years as a U.S. diplomat, occasionally turn on when they flip the switch and there may have “drunk the Kool-Aide.” Hell, for is fuel at the gas station pump. Few realize some issues, there were times when I would Canada is the largest supplier of energy to the have eagerly stirred the mixture. United States. Virtually all types of Canadian “standard” energy are consumed in the Admittedly, during my career, I was fortunate. United States: oil, gas, hydropower, nuclear. Issues that roiled the Foreign Service and For decades, Canada’s major concern had antagonized some colleagues were those been getting its energy to U.S. consumers. that I supported. But the hoary sobriquet The United States supplied much of the initial remains that a diplomat is an individual sent financing for exploiting Alberta’s oil and natural overseas to lie for his country—and a diplomat gas when Toronto banks were skeptical. vigorously propounds the line transmitted as Texas oil expertise was intimately engaged in instructions from the capital, or resigns. Alberta oil. It was Albertans who suffered (and Thus I sympathized with the pretzel positions Americans who sympathized) when Prime into which the Department of State was Minister Trudeau’s 1980 NEP devastated forced by its official announcement in January Alberta’s exports by forcing sales at below 2012 to reject the Keystone XL Pipeline. world costs. The NEP saga taught Albertans a And I was grimly amused at the “lead from lesson about federal control of energy (backed behind” stance adopted by a White House by their support for NAFTA rules that now that made the earlier decision to reject the prevent such controls) while strengthening State Department’s original recommendation. the obvious interlock between Alberta energy “Stick it to State” was all but trumpeted by the production and U.S. energy consumption. current announcement. Amusingly, the Texas and Alberta oil connection continued into the twenty-first It was a travesty of a decision; one that failed century when air travel from Washington, the sniff test. D.C., to Calgary was routed through Dallas. It was the reddest of herrings to announce U.S. reliance on Canadian energy has grown that the Department of State, having spent steadily over the years, almost unnoticed until upwards of three years verifying that there environmental activists chose the Alberta oil would be no environmental damage from sands as the “hill” on which they have pitched the original environmental study, was unable their standard of hostility to carbon-based energy. to endorse an alternative that deliberately skirts the ostensibly ecologically fragile Enter the Keystone XL Pipeline Sand Hills of Nebraska. That type of artful symbol manipulation is what lawyers and Until the highly political battle emerged over

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diplomats are paid to produce. The original So Prime Minister Harper expressed environmental assessment was doubtless “profound disappointment.” But he had seen accurate; the December 2011 White House this before when, in 2008, a free-wheeling decision to defer a decision until 2013 was economist in Obama’s campaign pooh- a transparent exercise to skip past the poohed the campaign promise to revisit November 2012 election. NAFTA. Harper knows the reality of “politics as usual” in a democracy. But Congress got clever—perhaps too clever by half. In a budget bill, it included In mid-2013, however, the issue remained the requirement that the president decide undecided. Once again, the Department of on the pipeline by the end of February 2012, State produced an environmental assessment, with narrow constraints on the grounds for taking into account revisions in the projected decision. course of the pipeline in Nebraska, to announce in effect that there would not be Flipping Congress the “bird,” the significant environmental concerns. The administration refused to use the time, president continued to prevaricate, tossing making its announcement more than a month new clunkers into the media winds regarding before the congressional deadline (talk about Alberta’s need to assure the pipeline did not contempt for congressional prerogatives). It increase greenhouse gases and scoffing at the beggars the imagination to apprehend that if projections of jobs associated with pipeline such an assessment were a national priority, it construction. couldn’t be done in two months. (Anyone who has ever been involved in military planning Arguing with environmentalists on this knows what can be done in two months, and issue is akin to wrestling with a pig. The pig participants and cognoscenti offered a silent loves it—and you just get dirty. Oil from the snicker at that excuse.) Alberta fields is neither “dirty” nor “ethical” nor “blood.” It is just a carbon-based energy What the president proved was that as long source that is anathema to environmentalists. as he is in office, he will not be influenced by It is irrelevant whether oil will be imported Congressional pressure. His original decision by tanker ships rather than transported by to defer a KXL decision into 2013—and now pipeline. It is irrelevant that upwards of 80 well into 2014—was adroitly political: placate pipelines already cross the U.S.-Canada the vital environmentalists in his reelection border. It is irrelevant that oil shipped by coalition while deflecting the wrath of blue tanker rail cars is no safer than pipelines (refer collar workers and union members by tossing to the July 2013 Lac Mégantic disaster, for them the sop to Cerberus of an implied example). The Alberta oil fields are the “hill” positive endorsement after his reelection. on which this generation of environmentalists has chosen to stake their flag and fall on their President Obama hoped to exercise the swords. Clearly, they seek to do to the Alberta same escape and evasion mechanism by fields what they have done to nuclear power— suggesting that TransCanada could apply make it so difficult to build new power plants again—and presumably wait until after the through endless litigation over environmental 2012 election for a response. But for then, impact statements, safety regulations, and “shut up and go away.”

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rejection of sites for disposing of used nuclear trading relationship with the whole of the fuel, that proponents are frustrated for European Union. Until interrupted by the decades, if not forever. Great Recession, bilateral trade grew steadily. Without question, there are massive numbers And even if the United States ultimately of jobs on both sides of the border dependent approves the Keystone XL Pipeline, on trade and industries that profit substantially you can be sure that the heavily funded from the cross-border relationships. environmentalist opponents will extend their effort into the courts, seeking legal injunctions For some observers, this vigorous growth about any and everything (remember the “snail exemplifies and justifies the 1988 bilateral darter” and the “Northern spotted owl”?). Nor 1988 Free Trade Agreement and the 1993 can one rule out terrorist-style attacks on the trilateral North America Free Trade Agreement. pipeline construction; “eco-terrorism” exists The critics claim that bilateral trade would and security during and after any construction have grown extensively without either FTA or will have to be comprehensive. NAFTA; they can be dismissed—unless they can prove a negative. We cannot stop time in Canada is well advised to push its Northern its tracks, turn back, and try the alternative Gateway and Energy East pipeline route of no free trade. What is clear is that alternatives, where at least circumstances the cries of alarm from the “antis” simply did are not subject to the fickle fates of U.S. not come to pass. Canadian waters remain politics. Regardless of the obstacles posed undisturbed, i.e., there are no U.S. plans by aboriginal concerns, protracted (often for draining Lake Superior or other shared U.S.-funded) environmental reviews and border lakes to irrigate Arizona; the Canadian , issues over paying the price for universal health programs continue with their BC government acquiescence, and legal marginal competence. Canadian publishing challenges, the Northern Gateway Pipeline and cultural industries continue to be capable will be a Canadian decision. Likewise, the of producing gems such as Porky’s and projected Energy East Pipeline to east coast Porky’s II. Moreover, Canada continues to Canadian refineries promises potential be able to prevent competition by foreign cell flexibility in marketing, but can predictably phone providers and keep its market cozy for expect environmentalist obstruction every inch expensive homegrown products; somehow, of its length. cell phone service is protected as “culture.”

The Greatest Trading Of interest, however, is how much Relationship in the World this massive trading relationship has overwhelmingly benefitted Canada—with only minimal notice of this fact taken by the One of our bilateral shibboleths, akin to the American electorate. Canada has run a trade “longest undefended border,” has been the surplus with the United States for more than proclamation that the United States and 25 years: its trade surplus with the United Canada have the largest bilateral trading States rose from $21.7 billion in 1985 to a relationship in the world. To be sure, but… peak of $78.5 billion in 2005 (closely followed The sheer numbers are indeed massive, by $78.3 billion in 2008). Although the Great although the United States now has a larger

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Recession hammered down trade (merely to topics, despite Canada’s constant lamentation a $21.6 billion deficit in 2009), trade has been over nonevents, such as going-nowhere recovering steadily, reaching positive growth congressional “Buy America,” legislative of $32.5 billion in 2012. proposals—when Canadian provincial restrictions are more onerous. This represents a stealth U.S. deficit that has not been accorded the attention that A sidebar to trade is investment. Here, also, our massive trade deficit with China has the open-border relationship has prompted attracted, although one might suggest that very substantial bilateral exchange. The United on a per capita basis, the Canadians benefit States is the largest investor in Canada; at considerably more than the Chinese. It is the end of 2010 (most recently available almost amusing that we are willing to be stung figures), U.S. direct investment was more by “good guy” Canadians without substantial than $306 billion, or about 55 percent of comment while fulminating over Beijing’s total direct investment. However, Canadian actions. We say nothing over the Canadian investment in the United States was also very trade rules that limit U.S. dairy and poultry substantial: the fifth largest at $206 billion. exports and raise the costs of these products But while proportionally Canada invests far for Canadians—all to benefit a handful of more per capita than the United States, one Quebec and Ontario dairy farmers. We left only hears complaints from Canadians about it to Canadian western grain producers to U.S. investment. There is never recognition fight the monopolist , about what U.S. investment is providing in which evaded free trade provisions and jobs (and consequent tax payments). Perhaps resulted in some Canadian farmers facing it is just part of the game, but Canadian public prosecution for selling their wheat directly to relations reactions—like Canadian football— U.S. purchasers. The United States issues are more irritatingly different from ours than no economic challenges to Ottawa on such attractive.

264 ALTERNATIVE NORTH AMERICAS 13 SHIBBOLETHS

very country has shibboleths. They bulky expensive equipment and substantial Eare those inexplicable elements to numbers of players operating under ever more which a society appears wedded but that, complex and arcane rules. But the virtual despite explanation, remain opaque to national holiday associated with the “Super outside observers. An example might be the Bowl” (and its distinctly odd Roman numerical idiosyncratic selection of one sport or animal labels, XLVIII for 2014’s 48th anniversary of to become nationally defining, when other the event) contend with baseball’s “World alternatives would appear equally, if not more Series” for TV viewers. compelling. In contrast, a sport such as soccer (“football” Why, for example, have Americans, renowned in the world outside North America) is fast, for speed and efficiency, fastened on a simple, requires minimum equipment, and slow, complex game such as baseball as can be played by a “normal size” individual, our national sport? Myths abound over its male or female. At its base, it doesn’t require inventor and geographic origins, and most more than two players and a ball—at least of these legends have been debunked in for a practice; even one player working alone one way or another. Nonetheless, Abner can develop many elements of the game Doubleday and Cooperstown, New York effectively. Soccer is played globally with (home of the Baseball Hall of Fame), are enormous, sometimes riotous and violent essential elements for U.S. national myth— fan enthusiasm, while neither baseball nor complete with a national celebration over the North American football has anywhere near last All Star Game in Yankee Stadium in July comparable resonance. Despite repeated 2008. Granted, baseball’s (partial) eclipse by efforts to bring soccer to the United States, football—a faster collision sport—also requires it still has the odor of a hot-house plant with

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professional leagues regularly being launched, Canadians go into regular frenzies of only to collapse. Its major constituencies professed fear that the United States will suck are Latin American expats and “soccer them dry. Indeed, it was amusing to watch the moms” who fear for their children’s expensive tempest in the dovecot when, in August 2008, orthodontic constructions in collision sports. a Montreal suggested that Quebec could generate $65 billion in gross revenue Consider also our choice of the bald eagle as with astute export of a small percentage of its the national bird. Ben Franklin’s choice would renewable fresh water. have been a wild turkey. Would Americans have been more like Canadians had we Even more amusing is a society with what was chosen as a national symbol a rather pacific, absent throughout most of human history, — edible animal? potable water, now ignoring its exceptionally safe and pure urban water supply—created at And, perhaps more socially compelling, the cost of untold billions of dollars—to guzzle why have Americans made the Second designer water from plastic bottles. While Amendment right to bear arms a societal at the same time professing commitment to definer—despite substantial human tragedy “green” attitudes and action, Canadian bottled costs, too often repeated, and the clear desire water drinkers waste the hydrocarbons of most who normally define cultural norms to transmuted into plastic and then puzzle over limit such rights? We blow past Columbine, how to recycle them. The simple answer is Virginia Tech, and Newtown with little more to just drink “eau de Rideau” from the tap, than PR blips. Do we envision Minutemen unless they are convinced that the 2000 leaping to arms to repulse invading Klingons? Walkerton, Ontario, malfeasance by water employees is a Canadian custom. But these are for others—particularly Canadians—to parse when examining For an American, the Canadian water myth American mores. verges on the ridiculous. To be sure, there are water constraints on development, notably In contrast, the following commentary will in the U.S. Southwest; however, the focus in examine some of the Canadian mysteries that the United States has been on conservation leave outsiders (or at least U.S. outsiders) and recycling, rather than attempting to engaged in head scratching. transport vast quantities of water over thousands of miles. Indeed, the combination Water of engineering obstacles and gigantic costs leave those below the southern border Canadians obsess over water. One would think simply shaking their heads at the Canadian them to be characters in Frank Herbert’s series “suck us dry” conceit. And the likelihood that of novels based on the planet Dune, where the United States, which hasn’t been able each drop of water was precious, corpses to break ground for a new nuclear power were rendered down for their water, and tears plant in more than 30 years, could navigate were a significant tribute to the dead. an environmental impact statement of the dimensions to bring such a water transport The reality is that Canada has the world’s project to fruition is minimal—at least before greatest reserves of fresh water. Still,

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Arctic ice totally melts. Why, today we an “invasive species” problem. For years, probably couldn’t even build the Hoover U.S. proposals for comprehensive filtration Dam outside of Las Vegas, Nevada, given the systems were rejected as a rising Devil’s Lake invidious effects that it had on the environment threatened more and more U.S. lakeshore when originally constructed. property. Ostensibly resolved in 2005 with a $15 million filter system to address And the years of effort to obtain internal phantom concerns, this expensive “fix” at agreement for the Keystone XL Pipeline least prevented frustrated U.S. citizens from (despite tremendous economic benefits for the dynamiting barriers between the lake and a United States) illustrates the unlikely nature of river to permit the necessary drainage. any massive pipeline complex for transporting Canadian water. The thought that the United States would require Canadian water exports was one of Despite 100 years of cooperation in water the arguments against ratifying the FTA and management (the Boundary Waters Treaty later the NAFTA accord. That nothing of the between the United States and Canada sort has eventuated for 20 years after the marked its centennial in 2009), its success implementation of NAFTA, that Canadian lakes in dispute resolution and oversight of the remain pristine, and rivers flow unsullied from chemical, physical, and biological integrity sea to sea to sea, has not mitigated concern of the Great Lakes Basin ecosystem seems in the slightest. It is ideology, not logic that peripheral to many Canadians. drives the critics’ views.

Otherwise rational Canadians rhapsodize over The baseline reality is that all the NAFTA their water and have gone to considerable requires is that if—if— Canada decides upon length to reinforce their laws continually to bulk exports of water, such exports would prevent any bulk export of Canadian water. also available to the United States. Although exporting water in small plastic bottles was regarded as acceptable, that More seriously, what is needed is a realistic approach may also be eliminated given the North American appreciation of the best current “green” criticism of “designer water.” use of a renewable natural resource for the Of course the verbal exercise is also one of twenty-first century. Consequently, we need the arrows in the anti-Americanism quiver. thoughtful, non-ideological review, study, and For the NDP and acolytes of Maude Barlow professional evaluation of these resources. For and , if Canada has something, the example: United States must by definition covet it and seek to cheat Canadians out of it. • Was the sewage disposal process for the city of Victoria—sending sewage untreated While barely a Canadian notices that Lake out to sea—still appropriate for the twenty- Winnipeg is one of the most polluted bodies first century? Will the proposal for $1 billion of water on the continent, Canadians almost worth of treatment facilities be worth the annually play frenzy games over the potential expense? Or since, as of mid-2013, are for an overflowing Devil’s Lake in North all concerned still flailing about regarding Dakota to drain into the Red River system. timing, facility placement, etc. Will it ever get Such drainage theoretically would create done?

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• To what extent is Great Lakes water with dulcet tones of background music, but renewed by regular rainfall and incoming neither is it a cost-free good. river flow? To what extent? How much of the lakes is “old” water, that is, not regularly Goods and Services Tax replaced?

• At what point could St. Lawrence River The Canadian national goods and services tax water flowing to the Atlantic be diverted is an amazing phenomenon. It is desperately or used to fill super tankers? Is it really, desired by those seeking to put another hand however, a giant sewer the closer it gets in the taxpayer’s pocket and desperately to the Atlantic, with pollutants that make it deplored by said taxpayer. Canadians unusable for human consumption? What regularly suggest that the United States could about the waters flowing out to sea in all solve its debt and deficit problems with a GST other areas of the Canadian coast line—the (and a hefty increase in taxes on gasoline). Arctic, as well as the Atlantic and Pacific? In point of fact, the GST is uniquely Canadian • What are the respective U.S. and Canadian and would be impossible to implement rights to respective percentages of the in the United States. Any member of Great Lakes that share bilateral borders— Congress voting for it would face rebellion Superior, Huron, Ontario, and Erie? by constituents at the next election (and each member faces the voters every two • What is the potential market for water, at years, hardly enough time for fury to abate). what price, and in what sections of the Even facing the vast deficits from recent world? We may come eventually to the point and projected social welfare commitments, where water, if not at the price of oil, may be members of Congress were not seduced by a highly attractive commercial commodity. the blandishments of massive new revenues Do we refuse to export it regardless of the (and the trial balloons by economists) to fund price? these expenses using a GST equivalent. On April 15, 2010, the U.S. Senate in a • Could the United States place a massive nonbinding 85-13 vote denounced the dam at the head of Lake Michigan (totally concept of a value added tax and “a massive within U.S. borders), drain it to the last drop, tax increase that will cripple families on fixed send its waters south, and plant crops on income and only further push back America’s the lake bed? economic recovery.” The essential point to this list of questions Indeed, if the GST were intended to destroy is the need for continental agreement on a political party, one would not expect water conservation with accurate pricing for its creators to use it to destroy their own residential use versus agricultural use versus party—but that was the result. The Tories industrial use. Just as there is total lifetime implemented the GST in January 1991 as a costing for new products, our societies need a replacement for the manufacturers sales tax, financial appreciation of the costs of municipal which at least for the public had the virtue water delivery and sewage treatment. Water is of being hidden and buried within the total not some mystic source of life to be discussed cost of the product. The Tories, however, in

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a fit of masochistic intellectual purity, insisted love child (or at least the beloved child) of a that the tax should be clearly identified as plethora of economists and commentators who something added to the cost of the product stressed its utility for reducing unnecessary at the time of purchase. This approach consumption and argued that any tax resulted in the circumstance that every time adjustments should made in income taxes. you bought something taxable (there are a number of exceptions), you have an in-your- Equally amusing was that during the 1993 face slap of an additional 7 percent (on top election, nary an economist or journalist of the provincial sales tax for most provinces) (Liberal-lovers as they were) had a good word that frequently adds 15 percent to the original to say for the GST. None defended the Tories purchase price. for implementing it; and none offered any of counter-criticism for the Liberal criticism of its In the 1993 election, the Liberals excoriated virtues. But if the scary Tories wanted to (and the Tories for the tax at jackhammer decibel then did) reduce it, they are misguided in the levels that resonated with most voters. While eyes of the economists. never saying so directly (and, to be sure, the party platform “Red Book” carefully With massive revenue surpluses projected circumscribed their position), the Liberals at more than $10 billion for 2008, the clearly gave the impression that they would Conservatives obviously won their bet: eliminate the GST. Indeed, one of their shining voters liked the prospect of tax reductions. lights, Sheila Copps, went over the line in Tone-deaf politicians such as Liberal leader promising its elimination—a commitment that Stéphane Dion, who mused publicly in 2008 ultimately prompted her to resign and run about restoring the GST to previous levels, again successfully. must have had a genetic death wish (or been channeling former Tory Prime Minister But lo and behold (surprise, surprise) having Brian Mulroney). On the other hand, Dion’s won election, the Liberals learned to love commitment to a “Green Shift” carbon tax the GST. Although the tax was tweaked with suggested that he believed in the maxim of exceptions for some products and paybacks “Tax me, I’m Canadian.” for low income Canadians, it was retained. The GST simply generated too much money (as is Never giving up on a bad idea, the Liberals the case for the “Employment Insurance” tax) were forced during the Great Recession and for a government to surrender it. during the 2011 election campaign to lament that if the Tories had not reduced taxes, Thus it was a delightful exercise in political the country would have had more funds to one-upmanship to see the Conservatives, counter the drop in tax revenue. Of course during the 2006 election commit specifically this implies that the citizen’s income is really to reducing the GST by two points over two the government’s—and returning money to years and then implement these reductions citizens is bureaucratically sinful. Instead, when in power. Hoisted on their own petard, the reality is the likelihood that additional GST the Liberals were forced to defend what revenue would not have been “saved” by debt they had so vigorously assailed in the past reduction but rather spent on “worthy” projects and to belabor the Tories for reducing the such as universal child care, which would have tax. Indeed, the GST turned out to be the continued to be funded at even greater debt consequence during the Great Recession.

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Moreover, to compound their problems, a would argue doesn’t require projection number of provinces have “harmonized” beyond the Arctic Circle. (Who really cares (combined) the federal and provincial sales about the Afghans, let alone the Libyans, taxes. Ostensibly more bureaucratically Malians, or Syrians?) Do you need firefighters efficient, taxpayers quickly figured out that until something valuable starts to burn? most would be paying higher taxes. Voters Emergency medical services until there in afflicted provinces (British Columbia and is a medical emergency? Or expending Ontario) battled back, seeking a chance funds for search and rescue operations for to endorse (or reverse) a “harmony” that individuals foolish enough to put themselves generates taxpayer discord. The October deliberately in harm’s way for their own 2011 election in Ontario, in which the sporting amusement? Is society to be taxed opposition Tories promised modification of the for the private benefit of individuals seeking an HST, resulted in a minority Liberal government adrenaline rush? not likely to change the HST. However, BC dissenters forced a referendum regarding the Taxpayers in any society can ask serious HST in August 2011 and “recalled” the HST, questions about the need for many fiscal with the original tax structure resuming in April commitments, and citizens argue constantly 2013. To know it is to loath it. over the appropriate distribution of their funds. Particularistic interests are part of politics, But for the United States, a national sales tax perhaps its essence. (perhaps in some adroit disguise) may be in our future also. It is the last deep pocket into But more largely, one can be puzzled over which government has been unable to shove the constant green eye shade mentality about a hand. basic government expenses. What is the cost of an election? A criminal investigation? An investigatory commission? Travel within The Price of Everything and the Canada by young diplomats? Value of Nothing It is hard to see the point of these apparently It is hard to build a case for waste. Not ritualistic questions. Whatever the expense, even those who are hip deep in the public it is announced with dismay by the media. trough benefiting from “earmarks” (in the Never is a price tag published with a “This will U.S. system), or directed contracts artfully be money well spent” conclusion. designed for uniquely qualified bidders, Presumably Canadians want free and fair believe that they are cheating the system. elections; if so, someone must pay for them. After all, they too are taxpayers and thereby We assume that Canadians do not want believe that the taxpayers are benefiting from a polling sample to determine leadership, their work. regardless of the presumed accuracy of the In truth, certain services, until they are pollster. Would Canadians prefer that elections needed, are considered unnecessary be funded totally by private individuals with expenses. Most obviously, the Canadian no government contributions? Or, conversely, Armed Forces absorb considerable public that the government should prohibit all private funds to project force that many Canadians

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or nongovernmental funding and provide a of the sponsorship imbroglio, one could read severely limited amount of public funds to media commentary to the effect that the cost each candidate? But perhaps the cost of a of the commission would be greater than the democratic election run by honest officials who funds misappropriated. Or that the various protect the legitimacy of each citizen’s ballot investigations and parliamentary probes of is beyond price. Or if you think that freedom is the Mulroney-Schreiber relationship were expensive, investigate the costs of tyranny. disproportionately expensive. Or that the money expended on the protracted Air India A subcategory of election expense is the bombing investigation and trial was excessive. ostensible horror regarding voter identification. And doubtless the costs of Quebec’s long- In elections throughout the world—honest running Charbonneau Commission will come elections that is—the value of a rather into question. But these reactions beg the small number of votes has repeatedly basic question: what is the value of justice? been demonstrated. Think 1995 Quebec Do Canadians want no investigations at a referendum. Think Florida 2000 presidential cost greater than the presumed losses from election. In each of these events, the shift of alleged criminal action? Isn’t the question a relatively tiny number of votes would quite really one of investigatory competence rather literally have changed history. Yet Canadians, than cost? Perhaps purchasing political favors who appear innately hostile to clear, verifiable is expensive—and not done by exchanges of voter identification with explanations that currency at noon in front of the Peace Tower boggle the imagination imply that they would as witnessed by TV cameras—and therefore rather put the integrity of their elections necessitates detailed review by skilled at risk than to inconvenience an individual actuaries of those records carefully designed voter. The suggestion that voters would be either not to exist or to obfuscate evidence of intimidated by having to verify their identity is bribery or misappropriation of funds. an insult to Canadian voters—we have seen media reporting where citizens of foreign And then there was the 2009 kerfuffle over lands braved gunfire and explosive attacks funding newly minted Canadian diplomats for to register their vote. Are Canadians so orientation travel in Canada. The intimation pusillanimous that encountering the standard was that only those who already had such polite official is more experience should become diplomats. intimidating? Is asking for identification to vote How “penny wise” can one be? Limiting a more privacy intrusive than a search at an diplomatic career to those with the money airport? Or is it really that each political party to travel when young would restrict the expects to be able to cheat more effectively diplomatic corps to the well-to-do (and by manipulating election voter lists than their sending diplomats abroad with little on-the- opponents, and thus has a vested interest in ground appreciation of their country reduces exploitable errors? Do more of the dead vote their effectiveness). Tory than Liberal—or vice versa? The classic definition of a cynic is someone What is it about the cost of an investigation who knows the price of everything and the or public inquiry that is so bothersome? value of nothing. In this regard, sometimes Repeatedly, during the Gomery investigation the words “Canadian” and “cynic” appear interchangeable.

271 ALTERNATIVE NORTH AMERICAS 14 CONCLUSION: TELLING THE TRUTH IS NEVER EASY

elling truth to weakness can be as (even when one dares to proffer it) and long Tdifficult as telling truth to power. experience has illustrated this rejectionist attitude, consequently, such advice is often It is tedious and often self-defeating to attempt not given. to tell the weak why they are so. Or to tell them that their weaknesses and errors are damaging Honest give-and-take of this sort is an their relationships with others, strong and element of the U.S.-Canadian bilateral weak alike. It is even harder to induce them relationship that has been particularly lacking. to “understand” and accept the validity of the This breakdown may be inadvertent; based views of the strong. Instead, the weak tend to on an assumption that the easily congenial assume that weakness is equivalent to virtue relationship of the past has persisted into (and strength equivalent to vice). Trying to the present and is a prologue for the future. convince the weak to get up off the politico- Indeed, it is a result of a relationship implicitly military equivalent of a reclining couch and take based in the misapprehension that “you’re just action to become stronger—at least a little like us.” While “just like us” has many points stronger—is not for the easily discouraged. The of validity for Canadians and Americans, weak are defensive, angry, and often delusional the similarities can conceal as much as they about the causes and consequences of their reveal. The resulting benign neglect is still weakness. They may know that they are neglect, and the neglected are seldom grateful weak—and even regret it—but rationalize their for indifference from others. Moreover, neglect weakness away with denial. renders the neglected unlikely to adjust their They are as unwilling to accept guidance as thinking or their actions. an adult child is unwilling to accept criticism, Sometimes the neglected are irritated over counsel, or direction from a parent. Since the neglect, thinking that the United States recommended action often is not taken

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“takes them for granted.” In reality, Canadians have hamstrung decision-making regarding should feel grateful that circumstances have the extent of social services and government been sufficiently tranquil to warrant benign expenditure versus the level of taxation and neglect. Few countries have been “happier” debt. Bilateral relations with Canada have not following intense U.S. involvement in their been a primary priority; “sorry about that.” affairs, regardless of whether that involvement was aimed at ridding them of a brutal military It is clear that the majority of Canadians conflict or due to a social or economic does not agree with current U.S. perceptions disaster leaving the country in ruins. Also, of the international threat and distinctly Canadians have taken the relatively placid disagree with many of the economic, social, U.S. attitude toward their country somewhat political, and military approaches fostered by as a given. Historically, however, it is rare that U.S. perceptions of reality. Indeed, when a a relationship between a weak, rich country contemporary poll revealed that approximately and a strong, powerful neighbor has ended 60 percent of Canadians believed the with the weak member of the pair not only United States was a greater threat to peace retaining its independence and wealth, but than Iran, the relationship had moved from also paid fulsomely for its products, and neighborly disagreement into ritualized defended at no cost to its citizens. animosity—regardless of what official position the government might adopt. So you want In fact, Canadians should offer a nightly Iranians as your neighbor(u)rs? Or North prayer (in both official languages) for their Koreans, perhaps? southern neighbor. Indeed, Brian Mulroney is attributed as having said that he awakened At the same time, Canada’s relative success every morning thanking God for living next in avoiding the exigencies of the Great to the United States (and linked it with the Recession generated a level of popular suggestion that the United States should offer arrogance regarding the perceived U.S. similar thanks for Canada). Somehow one failures in this regard. “See,” Ottawa says, doubts that either Canadians or Americans “you need to listen to us and learn from adhere to Mulroney’s advice. our example.” A bit of Canadian puffery was predictable, but there is a touch of the The most senior elements of U.S. leadership fable regarding the bullfrog attempting to have been otherwise engaged throughout inflate itself to the size of the bull. And that most of modern history. They were addressing attitude was more likely to lead to Canadian the existential struggles of World War II and comeuppance than American emulation. the Cold War, mounting various military Indeed, given recent (mid-2013 statistics), expeditions (reflecting badly or well on “America is back.” Bluntly one doubts that the U.S. perceptions of its national interest); twenty-first will be any more Canada’s century and, post-9/11, attempting to understand, than was the twentieth. counter, and defeat Islamic-directed terrorism without devolving the effort into a war against The vague congeniality between border area Muslims everywhere. Simultaneously, during citizens and their longstanding amicable the Great Recession, U.S. leaders struggled personal relationships buffer what seems with existential domestic differences that to be a growing underlying distaste verging on aversion. A U.S. citizen can regret this

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circumstance (and even rationalize it as the power as a minority for more than five years lingering consequence of visceral hatred for during the conceptual development of many President George W. Bush), but there seems of these foregoing analyses. It had limited more glee than regret over U.S. problems, an political leeway domestically and attempted all but reflexive schadenfreude when a U.S. to avoid confrontation (at ever rising domestic policy fails or flails. Indeed, one remembers political cost) over specific issues. We have an axiom from boyhood that “the greatest yet to see how the implementation of a joy is the malicious joy one takes from the majority Tory government following the May misfortunes of those you have envied.” 2011 election will fully evolve. And in mid- 2013, the Tories may already be focusing on That Canada lacks the capacity to be a direct the fight of their lives to win the 2015 election threat to the United States is of minimal against both resurgent Liberals and hard- comfort to Washington. Unfortunately, it does charging New Democrats. Consequently, both not lack for opportunities to be a neutral or countries appear more to be nibbling around negative actor either bilaterally or multilaterally. the edges of problems rather than vigorously Ottawa is clearly conscious of the old British engaging them. But whatever evolves, it axiom of having neither eternal friends nor will be something different in our bilateral eternal enemies but having eternal interests. relations; certainly different from the last Tory Consequently, our areas of bilateral concord majority that ended in 1993. are primarily those in which Canada’s self- interest is the driver. The T-shirt motto The primary positive of the Tory minority (and distributed by the Canadian embassy (“Got now majority) is that there is less gratuitous your back”) generates more concern rather manure-throwing just to see the cow pies than comfort: should the United States worry splatter. When the U.S. Embassy in Ottawa about Canada plunging its tiny dagger into an opens its doors each working day, it doesn’t exposed area at a time of its convenience? have to shovel away the odor of the day. Thus, Washington endures the ritualized Best Friends, Like It or Not shin kicks, e.g., proclamations of Canadian sovereignty over the Northwest Passage. The United States rejects this claim clearly The description of our bilateral national but does not belabor it; accepting Canadian relations, reportedly crafted by a Canadian, sovereignty over the international waters that we are “best friends, like it or not” has of the Northwest Passage simply will not the codicil that in much recent history “we happen. Period. were definitely in anot portion of the cycle.” It has been more a “Cold Peace” than a Cold Likewise, the United States endures the War following the changing of the guard in whinging over the alleged vicissitudes Washington in January 2009, but it would be a associated with enhanced border security and mistake to accept absence of active animosity the tiresome Canadian indifference to U.S. as an attitude of amicable accommodation. concerns over protecting U.S. military forces and maximizing their combat effectiveness. At best, Canada offered a modest respite Ottawa’s May 2008 endorsement of under the Conservative minority government the fatuous cluster bomb treaty (while that took power in January 2006 and retained

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hypocritically carving out an exception reports that “mad cow” disease persists in allowing its forces to be protected by U.S. Canadian herds—and that the consequent forces using these weapons) is only one such international perception of “mad cow” action. That Ottawa touts its sponsorship infection in U.S. herds largely destroyed our of the antipersonnel mine treaty and the Asian beef export market. Indeed, at one International Criminal Court, each of which point, it so badly damaged our relations would distinctly endanger and limit the U.S. with South Korea that riots over presumably armed forces and leave U.S. officials at risk infected (but perfectly safe) U.S. beef almost from ideologically driven judges throughout brought down a pro-U.S. government. the globe, reflects the trivial navel-gazing (Canada, of course, paid no attention to its nature of Canadian diplomacy rather than its responsibility for this contretemps.) principled virtue. One is no longer amazed that others desire our soldiers die to accord Likewise, there is no appreciation that with their principles—especially when they softwood lumber has been a troubled export have no equity in the issue, but it doesn’t for more than a century and that the core of reduce our contempt for their self-righteous the problem is a systemic difference in how nattering. public and private forests are managed in Canada and the United States. If Canada One is amused by Amnesty International’s really believed the United States is as unfair as charge in October 2011 that Canada should its rhetoric proclaims, it could keep the lumber arrest and prosecute former president at home or sell it elsewhere. George W. Bush for “war crimes and torture.” That Canadians seriously debated Indeed, one would be hard pressed to find the issue illustrated how unserious the any example in Canadian media in which society remains. So far as war crimes are U.S. foreign policy is viewed positively or our concerned, individuals such as Major General economy or society are not depicted as in Lewis MacKenzie (in the former Yugoslavia) some manner threatening to Canadian (or and Lieutenant-General Roméo Dallaire (in global) interests. We don’t progress beyond Rwanda) could be subjected to such charges. the “even a blind pig finds an occasional Eventually, Canada will experience efforts to acorn” level of being accorded credit—if put this shoe on its foot (i.e., the investigation that. One might think that it reflects Ottawa’s of the 2011 Canadian military action against parliamentary attitudes on an international Libya) and see how it pinches their virtue. level: the United States is the “government” and Canada is the “Official Opposition”—and But we do not expect appreciation, let alone the role of the opposition is simply to oppose. public recognition, for the many elements And when an opposition has no near-term of our bilateral relationship that go smoothly chance of becoming the government (think and to Canada’s benefit. If 95 percent of NDP, Liberals, and greens), it has no incentive our massive trade relationship is untroubled, to be responsible. Canada has as much then Canada focuses on any element that is chance of being a global power as the Greens not evolving to its pleasure. Thus there is no have of governing the country. recognition that the United States accepts Canadian beef imports despite the regular Consequently, the United States has not again advanced the baseline proposal for

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continental missile defense, a set of systems, truly “conservative” action that they might radars, and missiles that testing indicates undertake. This political reality means that is steadily more effective. During their U.S. security concerns in international minority reign, we did not ask the Tories to relations may prompt quiet sympathy of the contemplate political suicide by endorsing the “all support short of real assistance” nature, no-cost proposal that the Liberals ultimately but little more, particularly if U.S. action is spurned; even a free gift was too expensive taken without the UN’s blessing. Conservatives for them and equally costly for Conservatives will be as nationalistic as Liberals regarding to contemplate. Nor are we likely to approach their particularistic economic and border the majority Tories, having determined that we security problems, if only to defend their can pretty much do what we require without left flank and to satisfy their business and Canadian participation. The semi-psychotic economic backers. ballistic missile blustering of Pyongyang’s Kim Jong-un has justified U.S. concerns, but All concerned can hope that Quebec and not prompted any new approach to Ottawa. quiescent remain coterminous. And if Canadian fears rise over prospective North Korean ICBMs, it will be up to Ottawa Learn to Love the Liberals or to come to us hat in hand. Nevertheless, NDP-Liberals? we are not so ungracious as to suggest that since the Canadians reject participating in The shrill expectations from left-leaning such continental defense, they should state media that sooner or later the “natural (and we can conclude) that we should not governing party” of Liberals or some new, defend them if a rogue missile heads for upgraded, combined edition of such will Vancouver. Eating your cake (by rejecting a return to power, provides a clear cautionary nefarious U.S. proposal) and having it too note for U.S. analysts—of whatever political (implicit expectation of U.S. defense in such coloration holding power in Washington. emergency) is characteristically Canadian. Without question, the Opposition will return A continued Tory government will generate to power; rotation of parties in power is the a “more of the same” bilateral outcome, natural circumstance in democracies (Alberta regardless of which party is in power in aside), and professionals recognize that the Washington. The 2011 Conservative majority moment of electoral victory is the first step on victory was a brilliant technical triumph the road to ultimate electoral defeat. Parties combining political (Tory) competence wear down; leaders begin to bore rather against (Liberal) incompetence against a than inspire electorates. The corrupt (and backdrop of economic uncertainty. It is a there are always some) become blatantly solid rather than massive majority and may corrupt or create a drip, drip effect of trivial be a “one off” victory given the ideological “hangnail” scandal that the Opposition can appreciation that approximately two-thirds tout as gangrene requiring amputation. And of the Canadian electorate lies to the left of a government, regardless of how ostensibly center in the political spectrum. In light of this secure and adroit its management, is always bent, the “Conservatives” are conservative at the mercy of “events” that offer the only in Canadian terms and thus limited in Opposition the chance to “seize the day”

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and win a defining election (which always foreordained, so some bidding review is useful. comes at the wrong time). If one doubts such a projection, consider the fate of the In mid-2008, Canada was enjoying close to post-sponsorship scandal Liberals, who the “best of times.” Federal and provincial transformed a “Liberals as far as the eye budgets were in surplus, overall debt was can see” political landscape into an electoral declining. Inflation and interest rates were wasteland over the course of four elections. steady and low; unemployment was at virtually record lows. Taxes were being cut, but Sometimes changes improve the optics of government expenditures were up. Exports relationship; sometimes they improve the were strong; the market for Canadian energy substance. U.S. bilateral relations improved appeared limitless. The value of the Canadian with France under a Sarkozy government; dollar was at a generational high-water mark. also with Germany (Merkel), South Korea (Lee and Park), and with Italy (Berlusconi). The national unity issue was at low ebb. But these are “conservatives.” And already Certainly these were “to die for” days for any our relations with a France under Hollande government. The summer of 2013 was very have cooled. We cannot expect to benefit good, if not at 2008 standards. What the comparably from a revived Canadian Liberal economy will resemble when the Opposition or NDP or united Left victory. The normal eventually gains power probably will not circumstance for Liberals in power is that be so glorious, but if 2013 projections are they pursue the worst possible relations with correct, Canada will have a solid, productive, the United States that will not result in direct sophisticated economy even if a new retaliation. Consequently, preparing for an recession eventuates. Opposition government—whether in 2015 It would be snide—and inaccurate—to or (many) years down the road—is a useful suggest that the Opposition or the Liberals intellectual exercise. No matter how well one would transform this silk purse into sows’ has “gamed” a change in national leadership, ears. A “Green Shift” entailing some there are always surprises; however, it is variant of a carbon tax, if implemented, possible to reduce the intensity and number will provide serious challenges for the of these unpleasant unexpecteds. There will Canadian economy; the suggestion that it always be “unknown unknowns”—but at least would be revenue neutral continues to raise reviewing the “knowns” is useful. eyebrows. The elements of such a proposal, whether it be “cap and trade” or some other Liberal Domestic Policy environmentally correct device with its focus Certainly any Canadian government, Liberal, on disproportionate “soak the rich” taxes NDP, or Conservative, will be conditioned by for Alberta, hold the seeds for renewed and the state of the economy. If the 2008 downturn, accentuated Western alienation. now labeled by economists as The Great To be sure, circumstances will differ Recession, ends without serious, long-term depending on which opposition party wins consequences, the Tories likely will be able to an outright majority or might govern, for prolong their 2011 victory into another mandate example, in a coalition. Their domestic in 2015. But Conservative success is not choices regarding taxation, expenditure, social

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services (health care, education, and civil Consequently, the Liberals and the NDP rights), energy expenditure, environmental would not be at all unhappy to see NAFTA regulations, infrastructure investment, and “reopened,” whether by a U.S. administration many other topics are for Canadians to boxed into and driven by election-year enjoy—or endure. Also, without belaboring the Democratic Party promises or by their own point, the economic recovery in the United electoral victory. They have reached the point States has struggled and is still some distance where the agreement’s virtues are taken for from pre-recession dynamics, but ultimately, granted, such as attitudes toward public Canadian economic progress is tightly tied utilities: pure water and regular electricity to U.S. economic success. (Still, from the are givens and only the costs are discussed. constant carping by Canadian media, one Thus the Bush administration suggestions would think that the United States deliberately for further harmonization in the Security and created the post-9/11 defense-security Prosperity Partnership were viewed with great environment to justify massive deficit spending skepticism; and the Obama administration and prompted the Great Recession simply to variants did not attract much support by discomfit Canadian export industries). Opposition politicians. The benefits of free trade are societal in their dimensions and On many other topics, however, a Liberal or without partisan support; the liabilities, NDP government’s decisions may have foreign notably job losses in specific industries and affairs consequences for bilateral relations. communities, are individually inflicted and These include: those doing the suffering are politically potent voters—particularly among those voters who NAFTA and “Free Trade” may support the Liberals or the NDP. Every Liberals, particularly their nationalistic, NDP- closed factory is a consequence of exterior leaning elements, are essentially skeptical (U.S./NAFTA) malicious evil, not uncompetitive of free trade, both in its original FTA and its productivity. subsequent NAFTA editions. It suffers from the It is less clear what the Liberals and the NDP “NIH” (“not ”) syndrome, as free want than what they don’t, but the essence trade is a Tory rather than a Liberal concept. appears to be less U.S. presence in Canada If business likes it (and labor doesn’t), there in the form of U.S. business ownership and must be something wrong. If all of the greater Canadian freedom to cut off trade in prescient predictions of doom in 1988 and areas that would specifically disadvantage again in 1993 (end of Canadian health care, the United States, such as energy sales. submerged Canadian culture, commercial They would also want free trade in lumber, high-volume water sales) have not eventuated, eliminating the convoluted softwood disputes it is because of the critics’ vigilant fulminations and mandatory arbitration and dispute prevented them—not because their criticisms resolution. And if renegotiation fails, the were wrong in every particular. And if bilateral Liberals have an ironclad reaction—blame the trade increased under NAFTA, it would have United States for recalcitrance and arrogance. anyway—with or without the FTA or NAFTA— By definition we can never be correct. and now lost Canadian manufacturing jobs are the real consequence of NAFTA.

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Energy Policy and Climate Change exports to Asia is problematic. If pandering to environmentalists doesn’t scuttle the concept, it Nobody south of the border should forget is a fascinating national unity project akin to trans- the Trudeau-era National Energy Program. Canada rail or highway systems for a nation in This program effectively ended Alberta’s first which north-south linkages with the United States energy boom and subordinated western markets are often more prominent. Canadian and Alberta interests to those of Ontario and Quebec. It cost the Liberals A Liberal could conceive of such a project— any significant representation in Alberta for funded by a “carbon tax” that would both a generation; however, having had nothing lessen Canadian dependence on the U.S. to lose in the province for a generation, the market and generate construction jobs Liberals can turn Alberta into a whipping boy outside of Alberta’s oil sands. It would be a (or a goose ready for ROC roasting) without useful distraction from scuttling the Keystone turning a feather. XL Pipeline (or even a clever complement to building KXL for which the Liberals and the The degree to which the Liberals continue NDP could take credit). to float “carbon tax” type proposals, as epitomized in the Green Shift; or tinker with Simultaneously, the Liberals and the NDP “cap and trade” proposals, which they also could limit U.S. investment in and ownership endorse; or suggest they would oppose and control of Alberta energy projects. pipelines from Alberta to the Pacific coast and are implicitly hostile to the Keystone Placing further environmental or political XL and Energy East pipelines; reflects that constraints in the construction of any pipeline they have no constituency in Alberta and south of the Arctic would probably kill the minimal support in other energy-exporting project. Keystone XL Pipeline authorization provinces. The NDP adopts the same attitude decisions, despite ostensible decisions in with the environmental twist that “tar sands” 2014, will be fought in court and thus will projects damage “Gaia.” As responding remain in question for years. The Opposition to “global warming and climate change” is would delight in giving the United States the pet rock of the decade, politicians seek a “one in your eye”—and providing the devices to most benefit themselves and environmental and conservation lobby a their constituencies. There is an old political thrill—by forcing the suspension of such saw about taxation that goes, “Don’t tax projects. me; don’t tax thee; tax that guy behind the Concurrently, a Liberal or NDP government tree,” in other words, the group(s) not in your could assure that a major natural gas pipeline, perceived circle of support (“the rich” or “big such as the Mackenzie Valley Pipeline to move business” or “oil barons”). For the Liberals gas from the Beaufort Sea to Alberta, does and the NDP, oil companies and Albertans are not happen. “behind the tree.”

Coincidentally, the still-embryonic Energy East A Liberal Foreign Policy proposal to build a massive east-west pipeline across Canada both to benefit eastern Canada But while domestic policy can have foreign interests and provide options for energy policy consequences, it is even more

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important to examine prospective Opposition whatever the label may be on the military foreign policy directions. Although it may be package. But peacemaking is not cheap. blithe and with the intimation that the NDP will never exercise power, we will take as a Recently, following Canadian participation premise that an NDP government will act as in air action against the Gadhafi Libyan Liberals-in-a-hurry so far as foreign policy is government, prominent Liberals such as concerned. and touted “Responsibility to Protect” (R2P) as the In that regard, the policy papers from the 2006 proposed paradigm for Canadian foreign Liberal leadership convention still are useful policy. Where such would lead, other than guidelines. While such papers are invariably token participation in UN or NATO authorized ephemeral and subject to “where you sit action, is unknown. is where you stand” revisionism once their issuers assume power, they are nonetheless In truth, while defense (along with diplomacy indicative of attitudes that will condition policy. and development) is one of the legs of any From these and other sources, such as former foreign affairs tripod, the Liberal constant Prime Minister Chrétien’s March 2013 speech, on defense has been lip service rather than we might hypothesize the following elements real service. It reflects the popular Canadian of a Liberal foreign policy: modern myth to the effect that they do good works (peacekeeping) while other less virtuous Peacekeeping states (read United States) do War Making.

Occasionally the Liberals project the air Would that it were otherwise; were it obvious that they (channeling Lester Pearson en that Liberals were strong on defense, former passant) invented peacekeeping. During the Canadian Forces (CF) Chief of the Defense Cold War, it was useful to nod in Canada’s Staff General Rick Hillier’s observation that direction in this regard; recognizing that there the Liberal government’s regime had been a were instances when Canadian forces were “decade of darkness” for Canadian defense more acceptable in certain disputes, (e.g., would not have prompted such fury by the Cyprus) than U.S. or Soviet troops would be. Liberal defense critic of the time. After all, the Peacekeeping was a niche market matching Montreal Liberal Convention resolution on Canada’s niche capabilities. peacekeeping in December 2006 admitted the “…funding decline of the 1990s, which The countervailing point, however, was always led to rusted out equipment and a shortage that “peacekeepers” were not civilians in of personnel.” Instead, a likely Liberal foreign uniforms. One U.S. Army chief of staff noted policy would be “defense lite” and no one— that “first, a peacekeeper had to be a good in or out of NATO—should expect Liberals soldier.” The primary requirement was combat to support combat operations outside UN effectiveness, not social worker or labor endorsement absent a Klingon invasion of the conciliator skills. But in the light-housekeeping North American continent. type of peacekeeping done before the end of the Cold War, this reality was lost in Canada. Indeed, it would not be a betting man’s Since the end of the Cold War, “peacekeeping” risk that the 20-year plan envisioned in the has become “peacemaking” in reality— baseline 2008 Canada First Defense Strategy

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would be implemented in a Liberal or an NDP support declined when casualties rose. government. More likely would be the charge Consequently, Canadians were delighted at that various projected equipment purchases the all-parties agreement at the beginning were for “gold-plated Cadillac” machines— of 2008 that committed Ottawa to withdraw and then cancelled. Such would be a re-do forces in 2011. The subsequent recalibration of the Liberal attack on and subsequent of the CF presence after mid-2011, to cancellation after their 1993 election victory eliminate a combat role and focus solely of an EH-101 helicopter purchase. That the on military and security force training, was contract cancellation cost $500 million; and the maximum that one could expect from that it had to be redone a decade later was Ottawa—and even persisting in the 2014 no matter. Even the most myopic can see withdrawal deadline would be questionable the harbinger of such policy in the Liberals if a military catastrophe resulted in significant constant denunciations of the costs of a casualties among trainers. projected F-35 purchase and trumpeted warning that it will be reviewed when Liberals To be blunt, there were few U.S. officials who gain power; this is the real story of Liberal would have bet their pensions on continued defense policy. Should Liberals or the New Canadian military participation in Afghanistan Democrats come to power in the 2015 under a Liberal or NDP government. The election, one could easily project a radical Liberal-Tory commitment in February 2008 to restructuring of such commitments. remain in Afghanistan until 2011 had a “fingers crossed behind the back” sense to it when Afghanistan made. Happily for Canadians, the U.S. force surge pushed the CF out of the line of fire; Canadians remain deeply ambivalent about for the final year of their ostensible combat their participation at other than a “boy scout” commitment, Canadians were killed more level in Afghanistan. It is an unknown country, by accident than purposefully. The current far away from Canada without a significant training role should be almost as safe as representation among Canada’s hyphenated- garrison duty in Germany or Fort Wainwright. ethnic minorities and pressure groups at home to beat the drum for Canadian involvement. The essential puzzle is how a country that has Moreover, while the U.S. population clearly lost approximately 150 military personnel over remembers that the 9/11 terrorists were 10 years will be able to sustain any foreign trained in al-Qaeda camps protected by the commitment involving tombstones or body Taliban regime, Canadians have no such bags. The costs of the Afghan commitment visceral touchstone. Hence, despite pleas would not have been weekly wastage in from feminists on behalf of Afghani women any previous war—and all involved were and those who want children to be able to fly volunteers. (As a point of comparison, there kites in Kabul, participation with other NATO were 598 homicides in Canada during 2011.) members in military stabilization, even with a UN mandate to do so, was an abstraction. Middle East Yes, UN-NATO participation had a feel-good A Liberal or NDP government will be more abstraction, but body bags were concrete “Canadian traditional.” That is, such a facts and the polls were blunt: Canadian government would manifest a less perceived

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tilt to Israel. It would be far more willing the Canadian political spectrum (and in mid- to support Palestinian and Lebanese (but 2013 was more popular in Canada than in the not or Hezbollah) views that they United States). The exigencies of U.S. foreign are at least as much sinned against as policy are more likely to generate Liberal sinning regarding regional conflict. The Tory brickbats than bouquets in short order. government did not condemn Israeli action in May 2010 against the “peace flotilla” headed On topics where U.S. and Canadian to Gaza, nor did it criticize Israeli West Bank objectives might align, e.g., a non-nuclear housing policy in 2011; a Liberal or NDP Iran, a denuclearized North Korea, or a two- government would not have hesitated to do state Palestine-Israel solution, a Liberal or so. Moreover, Foreign Minister John Baird NDP government in Ottawa would be sure to made nice with senior Israeli leadership insist that diplomacy—under the aegis of the while visiting and Tel Aviv in April United Nations—is the only route to follow. 2013, and created a flap by meeting with And also there would be a push for the United the justice minister in East Jerusalem. Thus States to engage diplomatically with North any renewed fighting on the Lebanese-Israel Korea, Iran, , and—of course—recognize border or dramatic Israeli action in Gaza Castro’s Cuba. would prompt a Liberal cry for immediate As for our direct bilateral relations, one would ceasefire—particularly by Israel, but not from expect reluctance at best on those difficult the government. It is also a not politically topics that never go away. There will never correct, but not irrelevant political calculation be a “yes”; it will at best be “yes, but”—with that the Islamic-Canadian voting bloc is now emphasis on the “but,” as in: larger than the Jewish-Canadian contingent— and money is less important in Canadian than • Secure borders? Postpone any in U.S. politics. For the United States, support implementation of a reliably secure of Israel is simply “right” by definition and personal identification document as long as campaign funds are irrelevant. possible by arguing that it is technologically immature, too expensive, privacy invasive, Relations with the United States and really just reflects U.S. paranoia when we should merely be neurotic. The elements Minimalism in the U.S.-Canada relationship of the 2011 perimeter security agreement will be the guideline even with Washington’s would be denounced as impinging on reelected Obama administration. Thus we Canadian sovereignty—and wildly expensive could anticipate resumed criticism along to boot. The essential hope is that sufficient the lines of the Chrétien-Martin government delay will make it all go away (the unspoken regarding virtually every element of U.S. fear is that anything untoward that foreign policy: global warming and climate happens could be traced to Canada). The change, Iraq, Iran, North Korea, the Middle Liberals and the New Democrats are more East, missile defense, arms control, the role concerned over Canadians inconvenienced of the UN and the International Criminal at border crossings than concerned over the Court, etc. Such would have been particularly safety of the United States. If the Liberals pointed with a President John McCain or a and the NDP are not disconcerted over the President Mitt Romney; whereas President 2006 Toronto 17 terrorist group planning or Obama has enjoyed a honeymoon across

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the 2013 effort to bomb the Via rail Toronto- supportive of Israel, affectionately embrace to-New York City train, they are beyond UN objectives and the International Criminal convincing. Court and land mine treaty, ratify Kyoto and implement “cap and trade,” terminate the • Incarcerated terrorists? Attitudes by the missile defense program, accept the Iranian Liberals and the NDP toward Omar Khadr and North Korean nuclear programs, or relent was that his rights were violated by being in the effort to foil terrorism. The Obama held at Guantánamo, and that the trial at administration is for all practical purposes which he pleaded guilty was unfair, and as committed to these verities as was the by connotations that he has been tortured Bush administration. The elimination of U.S. or that anything less than due process combat forces in Iraq at the end of 2011 Canada-style is the moral equivalent of still leaves behind substantial U.S. military torture. His return from durance vile in power (wearing “civvies” as contract training the United States has provided him the personnel) to defend our interests in the equivalent of Order of Canada honors; the country and separately deployed elsewhere in objective will be his quick release from the region (for example, in Kuwait). To a similar whatever Club Fed prison where he may be degree, nation building in Afghanistan may be serving his residual sentence and a lucrative a generation-long task. It will be bloody and book contract and speaking tour. The brutal—with the chattering classes baying widow and orphaned children of Khadr’s for defeat—but will end with circumstances victim will always be irrelevant. that can be judged as satisfactory, albeit not “victorious,” for NATO Coalition forces. Retrospectively reviewing the Maher Arar case, the Liberals and the NDP would Added to these problems are, inter alia, a suggest that the only time former Public revanchist Russia, a self-assertive China with Safety Minister Stockwell Day was right about unrequited interest in regaining Taiwan and anything was when he rejected U.S. evidence performing pushy naval activity ratcheting up excluding Maher Arar from entry to the United obscure territorial disputes, an “Arab Spring” States. They would ignore any results from that is more likely to become an Islamic deep activities such as a Canadian connection with freeze with a wilted a garden of democratic prospective British terrorists, or the criminal blooms, an Indian-Pakistani interlock of convictions of the “Toronto 17” (other than bottled scorpions, and various Latin American a chuckle over a vision of a headless Harper states that have decided that Venezuela has had the “17” plans succeeded). the formula for the future. None of these problems looks amenable to the soft power Conclusion solutions so beloved by Liberal and NDP true The essential problem for a Liberal or NDP believers. foreign policy is that there is less and less with This leaves areas for relevant and useful which to connect it with the United States. cooperation with a Liberal or NDP government It is hard to imagine a U.S. foreign policy, decidedly limited. whether directed by the bluest Democrat or the reddest Republican, that would be less

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So What Do We Do? a generation fabricating hopes, dreams, and convoluted rationales for securing legal sovereign control over these international The easy course would be to do nothing. With waters. Ottawa, like it or not, should stop all of the problems cited above for the United deluding itself. The United States does States, both domestic and external, decanting not and will not accept Canada’s claim to another can clearly marked “worms, species sovereignty over these waters. No country Canadian” will take more fortitude than the accepts Ottawa’s contention for sovereignty bilateral norm. over the passage. The United States would Nevertheless, essentially we need more gain nothing by ceding its rights under confrontation and less avoidance. Not all international law to free passage—and would sleeping dogs should be left to lie; eventually, place its current naval military operational they start to clutter up the porch with all flexibility at risk to the vagaries of Canadian involved more concerned with tripping over political exigencies. It really doesn’t matter them than addressing the reasons why they what Canada might “promise”—if it held are lying there asleep in the first place. sovereignty over these waters, it could cancel any agreement in a heartbeat or create delays Starting with Boundaries in the right of passage, regardless of whether they stem from concern over radioactive Good fences do make for happier neighbors. pollution of the environment from nuclear- It is not as if there are Alsace-Lorraine- powered warships or disturbance to mating category problems with Canada (or an beluga whales. equivalent of Mexican irredentist claims over the U.S. Southwest and California). But there Border Control are missing pickets, sagging posts, need-a- coat-of-paint requirements that are not being The United States and Canada simply must mitigated by ignoring them. It matters less have greater confidence that the border is as how these longstanding issues are addressed impermeable as law, technology, and official than that they be addressed: coin toss, direct effort by trained personnel can make it. negotiations (sequential or as a package), This is a movement northward problem, not formal legal arbitration, Hague international just a travel southward issue, but it is a real court, or some individualized mix-and-match problem and regular, little-reported incidents approach. Some appear trivial on their face make a pointed statement. However, they are (Machias Seal Island), others look as if they ignored in mass media because they haven’t were left-overs that slipped through the crack become a “12/12” or something comparable. after a 2:00 a.m. end to negotiations; still Whether or not Canadians believe that Uncle others (Beaufort Sea) now are becoming more Sam is psychotic over security when he pointed with prospective oil reserves in play. should just be paranoid, they need to cater But the essence remains: get them out of the to his condition. The last circumstance that diplomatic file folders and get them resolved. Canadians should desire is that a “12/12” be traced to terrorist bases in Canada. We will An ancillary but prominent issue is the be looking for scapegoats, and Ottawa needs Northwest Passage. Canadians have spent to be able to demonstrate that it made every

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effort to put “belt and suspenders” on every Canadian Military security problem. The Canadian Armed Forces spent most of We can hope that the 2011 “Beyond the the past 50 years in steady, well-documented Border” agreement will eventually “thin” our decline. Although there have been periodic thickening border with better intelligence efforts to get the “couch potato” into at sharing and bureaucratic coordination. We least a light exercise routine (and the current can hope. But it is just as likely that unknown Canada First Defense Strategy is such an unknowns will lead both to insignificant effort), skeptics…are skeptical. Canada improvement and continued frustration, rather has implicitly outsourced its defense to the than a positive outcome. Life along the border United States and appears willing to accept will never again be as it was on 9/10/2001— the bilateral and international consequences Canadians have to grin and bear this reality. associated with maintaining a trivial military capability. Unfortunately, national defense Coincidentally, every Canadian media story is not a national commitment; instead, the over how beastly we are to nice boys such Liberal Party and the NDP implicitly campaign as Omar Khadr and how put-upon Canadian against any military commitment beyond light travelers are in dealing with U.S. Gestapo- peacekeeping. No Liberal party leader since style border security will be battened upon by Lester Pearson has had active military service U.S. critics as evidence that Canadians are (and Pearson’s was in World War I). Indeed, essentially indifferent (beyond lip service) to the Liberal icon of the twentieth century, U.S. security. Pierre Trudeau, viewed the armed forces with contempt, and Chrétien’s ignorance A corollary issue becomes that of immigration was legendary. Consequently, Canadian and refugees. Both Canada and the United defense strategy predictably yo-yos, with States are nations of immigrants; the similarity Tories attempting to stretch the envelope largely ends at this point. The United States, when in power and Liberals assuring that the plagued by a porous southern border, has envelope is never mailed. For its part, the who-knows-how-many illegal immigrants. NDP barely has progressed beyond its historic Although prospectively much more commitment to withdraw Canada from NATO manageable, Canada has created a growing and NORAD. problem for itself—and for the United States— by allowing illegal immigrants a wide range As a consequence of the Afghanistan of social and legal services while claiming to commitment, the Canadian Army significantly be refugees who fight against deportation. improved; the odds, however, are that The result is that tens of thousands of such desperate efforts from the Great Recession to individuals have disappeared and may well bring the budget into balance will eviscerate pose a security problem for the United States its new strength. Modernization is expensive; as well as for Canada. For its part, Canada citizens are more concerned about social largely ignores those who flout deportation or services. Moreover, Canadians are loath to departure orders—assuming that they have use their new CF combat capability, and it is a slipped into the United States and can be use-it-or-lose it reality since trained individuals forgotten by Ottawa. and units blunt their “edges” and retire without passing along their expertise. We expect the

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CF to again lie down on the couch—comfort Canada. If Canadians would not shed blood rather than commitment. to preserve their national unity, why should Washington care how many there National Unity might be 50 years from now? Among the great international tragedies of the past 100 Somewhere in the Canadian psyche lurks years, the dissolution of Canada (presumably the psychotic suspicion that the United peacefully in a Czech-style “velvet divorce”) States is salivating at the thought of rending would rank rather low on the list. It would be Canada into pieces and appropriating the more on the level of, “Gee, that’s too bad,” nice parts with energy resources. Denials than “Oh God, this is ‘never again’ horrible.” are hopeless, of course (in their minds we Indeed, a good number of the component would lie about our intentions), but surely geopolitical elements of Canada have the 150 years of inaction on our part should technical qualifications to be nation states make some impact. Our point is not that themselves. Such might be the ultimate we want parts of Canada—we want neither affirmation of Irish rock star Bono’s remark 34 million Canadians who believe they are that “the world needs more Canada.” entitled to unaffordable social services in general, nor a northern-most rust belt state in Ontario. Already having one prospective Canadian Vagaries: Crime and set of language problems with Spanish- Punishment, Language, and speaking citizens, why would we seek to Human Rights burden ourselves with another self-referential, long-indulged language group such as Canada is instructive on the topics of criminal the francophones of Quebec? Rather it is justice, official language requirements, and the objective of the foregoing material to human rights. However, it is instructive in warn Canadians that they have created a the form of examples to avoid rather than political construct epitomized by political emulate. The degree to which Canadians structures in both Quebec and in the West fail to punish those worthy of punishment that are breathtakingly fragile. Canadians are is breathtaking; the absence of capital blithe about the spun-glass nature of their punishment is less an example of exalted confederation. The political straitjacket that humanitarianism than a constant affront to the defines parliamentary practice leaves the memories of the murdered. A US mind reels rich but weak provinces to be exploited and at the thought of the next Timothy McVeigh dependent on the self-imposed limitations (the Oklahoma City bomber) or the next John of large provinces such as Ontario. It could Muhammad-Lee Boyd Malvo (Washington, be blown away by a single well-focused D.C. snipers) or the Boston Marathon Bomber demagogue. Tsarnaev brothers escaping to Canada and claiming political refugee status, transforming While the United States has no interest in an the Canadian legal system into a pretzel independent Quebec—or fragmentation of while the United States fumes over delays in other elements in Canada—neither should extradition. And there are enough illustrations Canadians believe that the United States of Canadian refusal to extradite for the United has a special stake in preserving a united States to be confident that a Liberal or NDP

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government would enjoy ripping feathers from slander and libel. Canadian human rights the eagle. commissions on federal and provincial levels may have had best-of-intentions origins; The societal commitment to bilingualism however, they have become instruments of (French and English) is ostensibly a persecution, prompting self-censorship at vast noble effort to generate national unity by expense for those charged in tribunals that accommodating the “French fact” at every are characterized by irregular, extrajudicial official level throughout the country. The rules and proceedings. result, however, is endless expense and artificial effort by individuals to qualify in the Concluding Comment language of the “other.” After a generation of high-minded exertions, there is only limited substantial accomplishment in that regard, There is much to be said regarding U.S.- and, as of 2011, a smaller percentage Canadian relations that has not previously of Canadians are bilingual than existed been said or glossed over. The twentieth previously. But there remains intense sniping century did not turn out to be Canada’s if a unilingual individual gets a prominent century, as Wilfred Laurier predicted in 1904 federal position. In real terms, Canada is no (and not even Teddy Roosevelt made so more bilingual than it was a century ago; boastful a claim for the United States). Nor is however, the policy effectively assures that the twenty-first century likely to be the century virtually no unilingual individual can start late in of Canada; despite the latest exegesis in The Canadian federal politics and expect to learn Canadian Century, no one is so predicting. the second language well enough to compete Historians may conclude that the twentieth against those born bilingual or learning the century was that of the United States—but, second language in their youth. Moreover, then again, no American is projecting U.S. language becomes a constant source of global dominance in 2099. societal division (as well as an irritant for those The foregoing manuscript should not be whose “native” language is neither English regarded as mean-spirited; indeed it may be nor French). Every politico-economic issue “spirited” in its comment and observation and concurrently turns into a language issue. The critique, but there is no injurious or uncaring slow motion train wreck that is Belgium could intent. Canada and the United States share be a harbinger for Canada’s future. much in common, as has been examined Lastly, although Canada is unquestionably in Uneasy Neighbo(u)rs, while maintaining generally respectful of human rights, its defining differences that are instructive rather restrictions on free speech are becoming than destructive. As we move more deeply invidious. The U.S. philosophy that into the twenty-first century, we will continue controversial speech should be met with our mutual learning process with far more to countervailing opinion does not have be achieved from concord than from discord. comparable resonance in Canada. There, But we must not fear to grasp the nettles; the definition of “hate speech” appears to be opportunity can be sharply pointed—even more “I don’t like what you are saying,” or painful—but still proffers advantage to those “You hurt my feelings,” than legally actionable who reach forward to grasp.

287 ALTERNATIVE NORTH AMERICAS Annex PRESIDENTS AND PRIME MINISTERS: CANDID VIEWS

A Summary of the won a smashing election in 1993, renewed its Recent Relationship majority victories in 1997 and 2000, and held on to power with a minority government in the 2004 election. The 1993 election, in effect, annihilated Canada’s founding party, the uring the past 25 years, we have had Progressive Conservatives, dropping it from Da healthy dollop of both the good and a majority of 169 seats to two; it is hard to the not-so-good in our bilateral relationship. find a defeat in a democratic country that was In the early 1990s, an observer could honestly more all-encompassing. In 1993, the Tories say, with only minor caveats, that the bilateral had encountered a perfect storm in politics: relationship was “never better.” Subsequently, the end of a normal mandate running nine one had to refer to the sobriquet that Canada years; personal leadership failures ranging and the United States are “best friends, like from hubris to sleaze; a sharp recession; a it or not.” And from 2001 to 2008, we were hated and highly visible new tax on goods largely in the “not” portion of that cycle. The and services; and an idealistic effort to 2008 election of President satisfy Quebec interests within the Canadian (and his 2012 reelection) has been a game federation, ending instead with intense changer—at least perceptually—and his bitterness and even deeper national divisions. conjunction with a quietly conservative government under Prime Minister Stephen The subsequent Liberal majority victories were Harper has minimalized discord. won both on positives and negatives. First, Jean Chrétien could continue with being “not During this 25-year period, there have been Brian Mulroney” (or for that matter “Mulroney four U.S. administrations and four Canadian in skirts” as he characterized short-term governments. For Canada, the majority of the Prime Minister Kim Campbell). The “small c” era was dominated by the Liberal Party, which

288 ALTERNATIVE NORTH AMERICAS conservative alternative to the Liberals was obtaining a majority in May 2011. Faced with fragmented between the remnant Tories and the exigencies of the Great Recession as well the Western-based Reform and Canadian as its minority status, the Tories maneuvered Alliance parties. The solely Quebec-based very carefully for five years with relatively separatist Bloc Québécois made it even easier uncontentious proposals while seeking to for the Liberals—as the experienced “natural create circumstances that would give them governing party”—to dominate the political a majority. Having obtained what they have scene. so vigorously sought while strengthening their politico-economic bilateral weight in the But victory was not only the consequence of process, their effective use of this majority will a fatuous or fragmented opposition. Canada be a separate challenge and a new era for had benefited from one of the great economic Canadian politics. It has not been since 1993 booms of the century, and the economic that the Tories had a majority, and two years upswing permitted the Liberals to balance the into a four-year majority mandate, it is still budget and concurrently reduce the national unclear what the party’s next objectives, other debt. Simultaneously, they reduced taxes than reelection in 2015, will be. Or whether while lower interest rates and very low inflation simply surviving until 2015 will suffice. also pushed down the unemployment levels. Throughout the 1990s and into the twenty- Under these varying circumstances, first century, the Liberals also operated an presidents and prime ministers have had ostensibly scandal-free government with the mixed relations. prime minister projecting a “clean Jean,” little- guy-from- image that effectively Bush the Elder and Mulroney belied underlying realities. A close personal relationship complemented This happy circumstance began to erode an easy substantive period in bilateral with the fractious transition from Chrétien relations. The U.S.-Canada Free Trade to Chrétien’s finance minister, Paul Martin, Agreement between George H. W. Bush and (the political equivalent of Chrétien’s Brian Mulroney was gearing up; the follow-on defenestration). Martin was immediately North America Free Trade Agreement, which plagued by a toxic combination of residual included Mexico, was in negotiation. Canada rejection by Chrétien loyalists, a complex provided support for U.S. action in Panama bribery and fundraising scandal tarring the and sent military assistance to reverse Iraqi Quebec federal Liberals, and a revived aggression against Kuwait. conservative movement that stitched together the Reform and Progressive Conservative Clinton and Mulroney/Campbell parties into the Conservative Party of Canada (the CPC, who are still regarded as This year-long stretch between November “Tories”). Although Martin eked out a minority 1992 and October 1993 was a time government in 2004, he was defeated in 2006 of transitions. There were no personal by Stephen Harper, who won a very narrowly disconnects between senior leaders; although based minority government and a stronger Mulroney clearly would have preferred a but still minority mandate in 2008 before finally reelected “Bush 41” to Bill Clinton, he made no public comment. Clinton’s generally

289 ALTERNATIVE NORTH AMERICAS congenial nature eased any personal despots from Haiti and restored “democracy” interaction, and his unfamiliarity with foreign as epitomized by Jean-Bertrande Aristide. It is affairs was not a bilateral problem. The easy to be a soldier in the summer. new Democratic administration was getting control of the levers of authority; there was Internally, Canada wrestled with its national no U.S. ambassador in Ottawa until August existence. The Mulroney failures to rectify 1993, demonstrating the priority Washington Quebec’s concerns about its role within placed on bilateral relations. For their part, Canada, as epitomized by abortive Meech the Canadians were consumed with the Tory Lake and Charlottestown accords, prompted leadership campaign to replace Mulroney with a separatist resurgence. First came the Kim Campbell and then their federal election. defeat of the federalist Quebec government in 1994, and then a provincial referendum Clinton and Chrétien in 1995, which, if successful, would have led to Quebec independence. The United The personal relationship between Bill Clinton States weighed in discretely, but clearly in and Jean Chrétien never reached Bush- favor of Canadian unity; Ottawa was quietly Mulroney intimacy levels, but was congenial appreciative—it asked and we delivered. enough for reciprocal official visits (Clinton to Other potential domestic issues were set Ottawa in 1995 and Chrétien to Washington aside; by happy coincidence, the economy in 1997) and casual golf matches that were all was booming and all boats were rising with but closet affairs (and deliberately no public the surging economic tide. “fishing buddy” relationship). The prime minister could never resist pointed political jabs at the Bush and Chrétien president, but these infelicities were noted only by specialized “Canada watchers.” U.S. Republicans and Canadian Liberals are not natural friends; historically, circumstances Substantively, the bilateral relationship have conspired to keep the disconnects continued to drift, but it drifted in calm seas. somewhat hidden, but the relationship The end of the Cold War meant that previously between George W. Bush and Jean Chrétien neuralgic East-West issues from arms was not one of those instances. The personal control to “third force” initiatives were passé. relationship was stiff at the start and strained Apartheid in South Africa had ended. The at best until Chrétien resigned in December Sandinistas in Nicaragua and the rebels in El 2003. By making clear during the 2000 Salvador had been defeated and democracy campaign that they preferred “President had broken out in Latin America. Events were Gore,” the Liberals alienated a conservative even hopeful in the Middle East, as reflected Republican administration even before the in the 1993 Oslo Accords and slow progress get-go. Chrétien’s essential skepticism in Palestine-Israel negotiations. Coincidentally, towards the United States was repeatedly the crises that arose were third tier in global illustrated in reflexively hostile non sequiturs importance, regardless of local bloodshed: when discussing other topics. The extended we addressed the disintegrating Yugoslavia calm in foreign affairs collapsed as Foreign jointly; we failed by omission in Rwanda’s Minister Lloyd Axworthy’s soft-power legacy massacres; we ousted a set of traditional continued to irritate.

290 ALTERNATIVE NORTH AMERICAS While the U.S. global perception changed largest in the world, continued to rise almost following 9/11, Canadian adjustment to without pause to a level of $2 billion per day. this new reality was significantly less than To be sure, the rolling laundry list of trade vigorous. Chrétien implied that the United disputes continued—more a reflection of States was at least partly at fault for the attack the size and complexity of the relationship (apparently we were not kind and gentle and local interests than demonstrating enough to suit his sensibilities). To protect ideological difference. Hence the sale of their own interests, Canadians plodded Canadian softwood lumber to the United through heightened border security, immigrant States has been in dispute since prior to control, and terrorism alerts. They left the Canada’s founding, and probably will continue continued impression that they resented until North America has been clear cut. The tossing even sops to Cerberus and that emergence of “mad cow” disease based responding to U.S. antiterrorism requirements on the positive tests for bovine spongiform was the equivalent of placating a somewhat encephalopathy (BSE) in Canadian-origin demented uncle who controlled a valuable cows had potentially expensive solutions such legacy. For their part, nice Canadians would as universal testing of all slaughtered cattle or never have terrorists do nasty things to them. could be “jawboned” with efforts by lobbyists and diplomats to convince officials worldwide Buttressed by UN and NATO endorsement, (particularly in Asia) that the remaining risks Canada joined the United States in military don’t justify massive expense. To no surprise, action in Afghanistan, but bilateral disconnects the latter approach was adopted—and on foreign policy came to a head over Iraq eventually (at political risk that was ignored policy and Canadian refusal to participate by Canadians) Bush ended the boycott of in the “willing” coalition to remove Saddam Canadian beef. Hussein from power. Criticism from Ottawa became increasingly pointed—reflecting, It was doubtless amusing to President Bush to be sure, a national consensus that the that he ignored the “iron law” of Canadian- United States was headed precipitously in U.S. electoral politics proclaimed by Prime the wrong direction. For its part, Washington Minister Chrétien during President Clinton’s was willing (if not happy) to accept Canadian address to Parliament—that no U.S. president nonparticipation, but it insisted on recognition who had not addressed Parliament ever had of our right to make decisions that we been reelected. Bush got his second mandate perceived to be in our interests. The Liberals in the 2004 election. enjoyed (and continue through the present to enjoy) a hardly muted “I told you so” Bush and Martin when no weapons of mass destruction were discovered, and the United States flailed From the U.S. perspective, Paul Martin had about in what appeared at the time to be a the enormous starting advantage of not being bottomless morass. Jean Chrétien. On foreign affairs, the United States was willing to move forward and agree Happily economics did not follow foreign to disagree on Iraq, while cooperating anew policy over the cliff. The bilateral trade on emerging problems such as restoring relationship, long the most important and democracy (again) in Haiti and stabilizing

291 ALTERNATIVE NORTH AMERICAS Afghanistan. Unfortunately, in relatively short pressing our preference that Ottawa continue order, the Martin government squandered the its commitment. The relationship was a potential for improved relations, inter alia, by “working” one. refusing to participate in the missile defense of North America after sending mixed signals Obama and Harper indicating basic bilateral accord. And during his 2006 reelection battle, Martin leaned Barack Obama is a game changer so far as heavily on traditional tiresome anti-American Canadian attitudes toward the United States themes that further bruised the bilateral are concerned. No longer afflicted with Bush relationship. the Barbarian, Canadians could lament that they didn’t have a visible minority, sartorially Economics, however, were less politicized; elegant leader equivalent to Obama. Indeed, they were handled by technocrats around well after Obama mania chilled out in the election interludes. United States, Obama remained highly popular in Canada—as much for what he was Bush and Harper (not Bush) as for what he did. During 2009, visuals were everything: a quick winter trip to If Liberals want to have the worst relations Ottawa, playing tourist in the Byward Market, with the United States that will not prompt a backpat for Harper were sufficient. Harper actively damaging countermeasures, may have the charisma of a wooden Indian, Conservatives want the best relationship but no matter, Obama had sufficient quantities that will not cost them the next election. for both of them. Joint effort on subjects such Recognizing this reality (and appreciating, as Haiti earthquake relief was easy. albeit regretting, the toxic nature of Bush’s personality and politics for the Canadian Steady cooperation (and Canadian NATO polity), the United States asked very little from leadership in 2011 of efforts to depose Libya’s the Harper government. If anything, it was erstwhile Muammar Gaddafi) has smoothed simply pleased not to have to shovel clods of the previous edgy relationship with the manure (figuratively) from its embassy doors Liberals. The Obama cookie (a ghastly sugar on a daily basis. The absence of gratuitous cookie with a red maple leaf) remains popular insults from the Canadian government in Ottawa’s Byward Market. lightened bilateral relations. Meetings at North American Summit sessions (along with While the United States certainly desired Mexican leadership) actually were congenial, stronger border security and Canadian although the match between “” Bush military participation in Afghanistan after July and “accountant” Harper was not particularly 2011, it had more than enough problems close. The United States was quietly pleased (Iraq, Iran, North Korea, revanchist Russia, with the April 2006 indefinite extension of the and the Great Recession) to preclude any NORAD agreement, and refrained from raising focus on the tertiary bilateral problems with any question regarding Canadian participation a neighbor, according them no trouble. in continental missile defense. We anticipated The Conservatives’ majority government the projected Canadian withdrawal from victory in May 2011 has further eased Afghanistan, regretting that decision without relations. The Tories now had the authority to make decisions in such areas such as

292 ALTERNATIVE NORTH AMERICAS intellectual property and “thinning” the border Israel, distancing from involvement in Syria, with the “Beyond the Border” continental rejection of Iran obtaining nuclear weapons perimeter security agreement without facing capability, and expanding trade agreements. an immediate election prompted by the Presumably, Harper might have preferred Opposition seize-the-moment opportunism. Mitt Romney, a philosophical conservative in the 2012 election, but he was far too adroit And while Obama did not make the ritualistic to let preferences show. Obama qualifies as first-term address to Parliament, thus the known “devil,” and Harper viewed the further invalidating the need for such a visit Keystone XL Pipeline imbroglio as a temporary to be reelected, neither did Harper make hitch rather than a defining disconnect. a state visit to Washington). Nevertheless, However, the failure to name a U.S. Obama’s and Harper’s personalities are not ambassador to Ottawa more than six months actively discordant, and reciprocal state after Obama’s second inaugural, and the visits (following a Keystone XL Pipeline nominal nature of the Canadian ambassador decision) are still possible. Foreign policy in Washington meant that any problem could views largely coincide: strong support for fester before being addressed at senior levels.

293 ALTERNATIVE NORTH AMERICAS NOTES

1 The text will use “Canadian Forces” areas of federal responsibility—for example, (CF) and “Canadian Armed Forces (CAF) manpower training, forestry, and tourism— interchangeably that could be devolved or transferred to provincial authority. On the complementary 2 U.S. Government assessment of “The “Plan B” track (which I have relabeled “Plan Quebec Situation: Outlook and Implications:” C”), senior Government of Canada officials The entire text is included as an appendix implied that a section of Quebec could in Jean-François Lisée, In the Eye of the remain with Canada, such as that inhabited Eagle (Toronto: Harper Collins Publishers Ltd, by aboriginals in the North, should Quebec 1990), p 301. act to leave Canada. Under the rubric, “if 3 Mary Nameth and John Pifer, “All of Nothing,” Canada is divisible, Quebec is divisible,” Maclean’s, October 30, 1995, p 32. English-speaking Quebeckers also have advanced formulae for separating parts of 4 Responding to the referendum shock, Ottawa Montreal and the Ottawa suburbs from an struggled to devise further approaches independent Quebec. to address Quebec concerns and to fulfill commitments made by Prime Minister 5 Andrew Phillips, “The Bouchard Factor,” Chrétien during the referendum campaign. Maclean’s, October 23, 1995, p 11. The result was classic “carrot and sticks.” 6 Anne McIlroy, “Bouchard Has Made Them Intensive internal review devised a series of Believe,” , October 29, 1995, p positive inducements informally labeled “Plan A3. A” (which I have relabeled “Plan B”) which included parliamentary action recognizing 7 That Quebec can be characterized as a Quebec as a “distinct society” and creating nation could be concluded from the litmus a set of regional vetoes over constitutional tests of state power outlined in a number of (with Quebec as a “region”), and identifying standard international relations texts, e.g.,

294 ALTERNATIVE NORTH AMERICAS Notes

Hans J. Morgenthau, Politics Among Nations Reagan 1987, Vol. 1, January 1-Jul 3, (New York: Knopf, 1967). More specifically, 1987, U.S. Government Printing Office, however, the U.S. government concluded as Washington, D.C., 1989, pp 336-41. such in the 1977 intelligence assessment; 15 Public Papers of the Presidents George Bush see Lisée, In the Eye of the Eagle, p 301: 1990, Vol. 1, U.S. Government Printing Office, “It should be kept in mind that Quebec Washington, D.C., 1990, p 484. does meet generally accepted criteria for national self-determination. … There is also 16 Public Papers of the Presidents George Bush no question regarding the long-term viability 1990, Vol. 1, U.S. Government Printing Office, of an independent Quebec…” and p 299: Washington, D.C., 1990, p 506-09. “…Quebec would certainly be a more viable state than most UN members…” 17 James Blanchard, Behind the Embassy Door, Sleeping Bear Press, Chelsea, Michigan, 8 As well as impressionistic judgments, 1998, p 199. Montreal’s La Presse, November 25, 1995, published a poll indicating that 57 percent 18 Public Papers of the Presidents William J of 18-34-year-olds voted “yes”; 54 percent Clinton, 1995, Vol. 1, January 1-June 30, of those ages 35-54; but only 38 percent of 1995, U.S. Government Printing Office, those over 55. Extrapolating these numbers, Washington, D.C. 1996, p 254. the poll suggested “yes” would get 50.8 19 James Blanchard, Behind the Embassy Door, percent in 2001 and 52 percent in 2006. Sleeping Bear Press, Chelsea, Michigan, (Such projections were never tested.) 1998, p 238.

9 Public Papers of the Presidents, Jimmy 20 Public Papers of the Presidents William J Carter, 1977, Vol. I (January 20 to June Clinton, 1995, Vol. 2, July 1-December 31, 24), U.S. Government Printing Office, 1995, U.S. Government Printing Office, Washington, D.C. 1977, p 223-224. Washington, D.C. 1996, p 1,678.

10 Washington Post, February 26, 1977, p A12. 21 Public Papers of the Presidents William J Vol. 2, July 1-December 31, 11 In the Eye of the Eagle, Jean-François Lisée, Clinton, 1999, HarperCollins Publishers Ltd, 1990, pp 301. 1999, U.S. Government Printing Office, Washington, D.C. 2001, p 1,734-40. 12 U.S. Department of State Bulletin, Vol. 80, #2039, June 1980, pp 21-3. 22 Ross Laver, “Mood of a Nation: Looking Inward,” Maclean’s, January 2, 1995, p 11. 13 U.S. Department of State Bulletin, December 1984, Vol. 84, #2093, pp 55-6. 23 From the 1977 U.S. government study cited by Lisée, In the Eye of the Eagle. pp. 301-2. 14 Public Papers of the Presidents, Ronald 24 Ibid.

Preface and Introduction

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BIBLIOGRAPHY

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Chapter 2 Unsettled Boundaries

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Alaska Boundary Dispute: Information and Better, Getting Worse, and Holding Steady…” Much More from Answers.com, July 23, October 6, 2011, http://www.ijhc.org/rel/ 2008, http://www.answers.com/topic/alaska- news/2011/111006_e.htm. boundary-dispute. Kerley, Ernest L. and Goodman, Carl F., “The , “Shell: No Beaufort Sea Gut Dam Claims—a Lump Sum Settlement Drilling in Arctic for 2011,” February 3, 2011, Disposes of an Arbitrated Dispute, 10 http://finance.yahoo.com/news/Shell-No- Virginia Journal of International Law, http:// Beaufort-Sea-afp-844337881.html?x=0. heinonline.org/HOL/LandingPage?collection=j ournals&handle=hein.journals/vajintl. Bonham, Kevin, “Hoeven Pushes for Canada to Remove Road Holding Back Floodwaters,” McKenna, Barrie and Scott, Norval, “The Grand Forks Herald, INFORUM, May 7, Energy Up There,” Globe and Mail, July 24, 2009, http://www.inforum.com/event/article/ 2008. id/239807/ . The Oxbow, North Dakota State Water Brown, DeNeen L., “U.S. Reacts to Canada’s Commission, “West Devils Lake Outlet Begins Concern on Border Policy, Washington Post, Operating,” May 2012, http://www.swc. November 1, 2002. nd.gov/4dlink9/4dcgi/GetContentPDF/PB- 2163/May12.pdf. Byers, Michael, “Canada’s Man in Washington Brings Expertise to Water File,” Toronto Star, Porter, Reid, “API: Permit Process in Alaska’s September 8, 2009, http://www.thestar.com/ Beaufort Sea Shows Need for Greater comment/article/691303. Efficiency, August 4, 2011,http://www.api. org/Newsroom/beaufort-permitting.cfm. Canada Treaty Information: View Treaty, “Exchange of Notes Between the Government U.S. Environmental Protection Agency, of Canada and the Government of the United “The Great Lakes Water Quality Agreement States of America Constituting an Agreement 1978,” July 22, 2009, http://www.epa.gov/ for the Final Settlement of Claims Relating to greatlakes/glwqa/1978/index.html. Gut Dam,” http:www.treaty—accord.gc.ca/ text—texte.aspx?id=100454. “Summary of U.S. Environmental Protection Agency, “Great Decisions by International Tribunes including Lakes: Basic Information,” May 23, 2011, 4.2.8 Gut Dam Case—Decisions of 1968 http://www.epa.gov/greatlakes/basicinfo.html. Rendered by the Lake Ontario Claims Wikipedia, s.v. “Beaufort Sea,” accessed Tribunal,” http:www.fao.org/docrep/005/ April 7, 2008, http://en.wikipedia.org/wiki/ w9549e07.htm. Beaufort_Sea. ConocoPhillips, “Conoco Phillips in Canada,” Wikipedia, s.v. “Jay Treaty,” accessed January April 9, 2008, http://www.conocophillips.ca/ 12, 2012, http://en.wikipedia.org/wiki/Jay_ About+Canada/Operations/FarNorth/index.html. Treaty. International Joint Commission: Canada and Wikipedia, s.v. “Machias Seal Island,” United States, “Great Lakes Health: Getting accessed April 7, 2008, http://Wikipedia.org/

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Wikipedia, s.v. “CFMETR, Nanoose Bay,” Canadian Press, “Is Canada Becoming accessed June 11, 2008, http://en.wikipedia. Dependent on Temporary Foreign Workers?” org/wiki/CFMETR,_Nanoose_Bay. June 26, 2013, http://www.cbc.ca/news/ canada/story/2013/06/26/temporary-foreign- Wikipedia, s.v. “United States Non-ratification worker. of the UNCLOS,” accessed July 4, 2010, http://en.wikipedia.org/wiki/United _States_ Canadian Press, “Work of Saskatchewan nonratification_of_the_UNCLOS. Radiologist Questioned,” May 21, 2009, http://www.ratemds.com/ ______, “PM Makes Return to Arctic to social?q=node/36678. Strengthen Sovereignty Claims,” National Post, November 9, 2010, http://www. Carpay, John, “Canada’s Broken Policies Puts nationalpost.com/news/makes+return+Arcti Real Refugees Last, National Post, May 16, c+strengthen+sovereignty+claims/3423025/ 2011. story.html#ixzz14nVNmeLG. CBC News, “Mexicans, Czechs Will Need _____, “NOAA Ship Fairweather Maps Aid Visas to Visit Canada,” July 13, 2009, http:// Shipping Through Bering Straits,” NOAA www.cbc.ca/Canada/story/2009/07/13/visas- Public Release, July 20, 2010, http:www. mexicans-czechs-refugee.html. eurekalert.org/pub_releases/2010-07/nh- nsf07201.php. CBC News, “Most Canadians Cool to Temporary Foreign Workers, Poll Says,” _____, “Large Variations in Arctic Sea Ice,” December 10, 2012. EurekAlert. http://www.eurekalert.org/pub_ releases/2011-08/uoc-lvi080211.php. Central Intelligence Agency, The

Chapter 4 Immigrants and Refugees

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World Factbook, https://www.cia.gov/ Cohen, Tobi and Press, Jordan, “Canadian library/;publications/the-world-factbook/ Immigration by the Numbers,” Postmedia rankorder/211. News, November 2, 2011.

Chase, Steven, “More Economic Immigrants Collacott, Martin, “Immigration Is Not the Key,” Taking Advantage of Fast Track,” Globe and Ottawa Citizen, September 25, 2008. Mail, November 2, 2011. Conference Board of Canada, “Labor: Cherry, Paul, “Four Arrested in Botched Productivity Growth,” 2013, http://www. Border Crossing,” The Gazette, July 9, 2008. conferenceboard.ca/hcp/details/economy/ measuring-productivity. CICS News: Canada’s Immigration News Source, “Nationals of 29 Countries to Require Corrigan, Edward, C, “Safe Third- Biometrics to Enter Canada,” December 10, country Agreement Federal Court Ruling 2012, http://www.cicsnews.com/?cat=304. Overturned by Federal Court of Appeal,” Inside Immigration 2008 (2), CBA National CICS News: Canada’s Immigration News Citizenship and Immigration Law Section Source, “Immigration Canada Announces that Newsletter, http://decisions.fca-caf.gc.ca/ Over 100,000 International Students Entered en/2008fca229/2008fca229.html. Country in 2012,” February 28, 2013, http:// www.cicsnews.com/?cat=304. Dhillon, , “It’s Been a Difficult Year, but Vancouver’s Tamil Migrants Would Do It All Citizenship and Immigration Canada, Again,” Globe and Mail, August 12, 2011. “Backgrounder: Safe Countries of Origin, 2010,” June 21, 2010, http://www. Dunn, Mark, “Passport Fraudsters Should Be cic.gc.ca/English/department/media/ Turfed: Poll,” , August 2, 2011. backgrounders/2010/2010-03-30b.asp. Fantoni, Beatrice, “Supreme Court Asked to Citizenship and Immigration Canada, Allow Extradition of Khadr’s Brother to U.S.,” “Backgrounder: 2007 Annual Report to Postmedia News, July 29, 2011. Parliament on Immigration,” June 21, 2010, http://www.cic.gc.ca/English/department/ Fitzpatrick, Meagan, “Refugee Bill Passes media/backgrounders/2007/2007-10-31.asp. Final Hurdle in House,” CBC News, June 11, 2012, http://www.cbc.ca/news/canada/ Citizenship and Immigration Canada, montreal/story/2012/06/11/pol-immigration. “Canada Issues Record Number of Visitor Visas in 2012,” , 2013, http:// Foot, Richard, “Chief Justice Supports www.cic.gc/english/department/media/ Criticism of Kenney,” National Post, August releases/2013/2013-02-20.asp. 13, 2011.

Citizenship and Immigration Canada, “The Friessen, Joe and Luk, Vivian, “The Refugee System in Canada,” November 26, Newcomers Numbers Game: Jason Kenney’s 2012, http://www.cic.gc.ca/english/refugees/ Balancing Act, Globe and Mail, July 19, 2011. canada.asp. Gazette Montreal (Editorial), “Fraudsters Cheapen Canadian Citizenship for All,” The Gazette, July 25, 2011.

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Godfrey, Tom, “Family Fights Deportation: Landers, Ann, “Happily Childfree: Childfree Canadian-born Son Won’t Get Care He Needs Living in a Family Friendly World. “If You Had It in Uruguay, The , February 6, to Do Over Again-Would you have Children?”, 2008. Copyright 2001-2010 Happily Childfree.com, http://www.happilychildfree.com/ann.htm. Goldstein, Lorrie, “Gaming an Insane System,” Toronto Star, July 18, 2010. Lanthier, Sarah, “Sexualité et vie universitaire,” (addressing status of Laetitia Angba), http:// Goldstein, Lorrie, “Stopping Phony Refugees: www.larotonde.ca/?p=885. Detain All Claimants Up to a Year,” Toronto Sun, July 21, 2011. .com “La Jeune Laetitia Angba Remercie Tous Ceux Qui L’ont Aidée à Rester Hennel, Leah, “Immigrants Cost $23B a Year: au Pays,” La Presse Canadienne, February Fraser Institute Report,” National Post, May 23, 2008. 17, 2011. Levitz, Stephanie, “Only 12 Citizenships Human Resources and Skills Development Revoked after 18-month Fraud Crackdown,” Canada, “Canadians in Context-Immigration,” , February 28, 2013, July 18, 2013, http://www4.hrsdc. http://www.ctvnews.ca/canada/only-12- gc.ca/[email protected]?iid=38. citizenships-revoked-after-18-month.

Human Rights Research and Education Levitz, Stephanie, “Tories Reverse Course, CentreRefugee Forum, “By the Numbers: Tighten Up Foreign-Workers Program, The Refugee Statistics,” University of Ottawa, Canadian Press, April 29, 2013. April 5, 2012, http://www.cdp-hrc.uottawa. ca/projects/refugee-forum/projects/Statistics. Ligya, Armina, “Most Canadians in Favor php. of Limits on Immigration: Poll,” Postmedia News, http://www.vancouverdesi.com/news/ Immigration and Refugee Board of Canada, nridiaspora/most-canadians-in-favor. “Immigration Appeals,” July 8, 2013, http:// www.irb-cisr.gc.ca/eng/media/info/Pages/ Majeed, A., “Refugee Reform Bill Given iadfacts.aspx. Speedy Final Approval,” National Post, June 15, 2010. Ivison, John, “41,000 Rejects Lost in Our Midst,” National Post, May 7, 2008. Mamann, Guidy, “Change to Refugee Reform Bill Is Troubling Immigration,” Metro Canada, Kagire, Edmond, Leon Mugesera Says June 21, 2010, http://www.metronews.ca/ Genocide Was Not Planned,” Rwanda Today, Calgary/comment/article/558036-change-to- April 19, 2013, http://www.theeastafricanh. refugee-reform-bill-is-troubling. co.ke/Rwanda/News/Leon-Mugesera-says- genocide. Mertl, Steve, “Canada Struggles to Deport Foreign-born Man Who Made Most Wanted Kauri, Vidya, “Supreme Court Decision on List,” Daily Brew, February 10, 2013, http:// Congolese Refugee Brings Canada in Line ca.news.yahoo.com/blogs/dailybrew/canada- with International Standards,” Globe and Mail, struggles-depart-foreign. July 19, 2013.

302 ALTERNATIVE NORTH AMERICAS Notes

Naumetz, Tim, “Mass Detention of 300 Tamil Slyom, Catherine, “Immigration Backlog a Migrants Cost $18 Million, Says Canada Major Challenge: Minister Hints Applications Border Services Agency,” The Hill Times, May Be Capped, The Gazette, July 23, 2011. February 14, 2011. Stanford, Jim, “Canada’s Productivity Pemberton, Kim, “New Federal Rules Numbers Reveal a Real Structural Weakness,” Dramatically Cut Number of Refugee Globe and Mail, June 16, 2008. Claimants,” Vancouver Sun, , 2013, Terrill, Steve, “Rwanda News: Leon Mugesera http://www.vancouversun.com/news/federal+r Arrives from Canada,” , ules+dramatically+number+. Global Post http:// www.globalpost.com/dispatch/news/regions/ Perrin, Benjamin, “Trafficking in Persons & africa/120126/rwanda-news-leon-mugese. Transit Countries: A Canada-U.S. Case study in Global Perspective, Metropolis British Thespec.com, “Survey Suggests Canadian Columbia, Working Papers Series, April 2010, Hearts Hardening Toward Immigrants,” The http://mbc.metropolis.net/assets/uploads/ Spectator, October 30, 2012, http:// files/wp/2010/WP10-05.pdf. www.thespec.com/news-story/2170973- survey-suggests-canadian-hearts. Postmedia News, “Immigration Having Negative Impact on World’s Nations: Poll,” Todd, Douglas, “The Changing Face of Postmedia News, August 4, 2011. Canadian Diversity,” Vancouver Sun, January 7, 2012. Raj, Althia, “Immigration Numbers Won’t Jump Drastically: Kenney,” Postmedia News, Tomlinson, Kathy, “BC Woman Wants ‘Fake’ July 19, 2011. Husband Deported,” CBC News, June 14, 2010.

Royal Canadian Mounted Police, Project Tomlinson, Kathy, “Insiders Say Canada Seclusion, “Human Trafficking in Canada,” ‘Scammed’ by Foreign Worker Industry,” CBC News, April 29, 2013. March 2010, http://www.hopeforthesold.com/ wp-content/uploads/2011/04/SECLUSION_ Wattie, Chris, “Kenney Outlines Changes Unclassified_EN-Final-version.pdf. to Canada’s Citizenship Guide,” Postmedia Showler, Peter, “Bill C-31—Fast but Not As News, May 17, 2011. Fair: Major Changes to Canada’s Refugee Wikipedia, s.v. “Canada and Iraq War System,” Maytree Conversations, http:// Resisters,” accessed June 22, 2010, http:// maytree.com/blog/2012/03/bill-c-31-fast-but- en.wikipedia.org/wiki/Canada_and_Iraq_War_ not-as-fair-major-change... Resisters. Showler, Peter, “Detained Tamils Case Wikipedia, s.v. “Canadians of Convenience,” Exposes Canada’s Brutal Refugee Policy,” accessed June 22, 2010, http://en.wikipedia. Ottawa Citizen, April 18, 2011. org/wiki/Canadians_of_convenience. Skelton, Chad, “Ship Brought 25 Tamil Wikipedia, s.v. “Illegal Immigration in Tiger Terrorists to BC Shores, Report Says,” Canada,” http://en.wikipedia.org/wiki/ Vancouver Sun, June 21, 2010. Immigration_to_Canada.

303 ALTERNATIVE NORTH AMERICAS Notes

Wikipedia, s.v. “,” Blatchford, Christie, “Deal Tries to Hush Up accessed June 18, 2010, http://Wikipedia. Disgrace of Caledonia,” Postmedia News, org/wiki/Immigration_to_canada. July 11, 2011.

Wikipedia, s.v. “Jeremy Hinzman,” accessed Blatchford, Christie, Helpless: Caledonia’s June 22, 2010, http://en.wikipedia.org/wiki/ Nightmare of Fear and Anarchy, and How Jeremy_Hinzman. the Law Failed All of Us, Doubleday Canada, 2010, p258. Wikipedia, s.v. “Leon Mugesera,” accessed February 1, 2012, http://en.wikipedia.org/ Brethour, Patrick and Stueck, Wendy, wiki/L%C3%A9on_Mugesera. “Special Prosecutor to Reopen Dziekanski Investigation,” Globe and Mail, June 29, 2010. Wikipedia, s.v. “Mahmoud Mohammad Issa Mohammad,” accessed May 28, 2013, http:// Canadian Press, “Dziekanski Death at Hands en.wikipedia.org/wiki/Mahmoud_Mohammad_ of RCMP a Homicide, BC Coroner Rules,” Issa_Mohammad. April 8, 2013, http://www.cbc.ca/news/ canada/british-columbia/story/2013/04/08/ Wikipedia, s.v. “MV Sun Sea Incident,” bc-dziek. accessed April 26, 2013, http://en.wikipedia. org/wiki/MV_Sun_Sea_incident. Canadian Press, “Omar Khadr Moved to Edmonton Jail after Threats on Life,” May Woodward, Jon, CTV News, “Laibar Singh 29, 2013, http://www.cbc.ca/news/canada/ Speaks About Life after Canada,” July 20, story/2013/05/29/omar-khadr-moves- 2009, http://www.ctvbc.ctv.ca/servlet/ edmonton-prison.html. ArticleNews/local/CTVNews/20090720/bc_ exit_strategy Canwest News Service, “Bernier Demands Review of Training Manual,” January 19, 2008. Workpermit.com, “Canadian Immigration Sued for ‘Immoral’ Termination of Visa Applications, Canwest News Service, “Report Finished January 24, 2013, http://www.workpermit. into Tasering, Death of Polish Immigrant at com/news/2013-01-24/canadian-immigration- Vancouver Airport,” May 20, 2010. sued. CBC News, “Air India Case Marred by Yeates, Neil, “Canada’s Immigration Model: ‘Inexcusable’ Errors,” June 17, 2010, http:// What Can Be Learned?” Center for Strategic www.cbc.ca/Canada/story/2010/06/17/air- and International Studies, April 20, 2013. india017.html.

Chapter 5 Crime and (Lack of) CBC News, “Despres Not Criminally Punishment Responsible for Neighbours’ Deaths,” March 5, 2008, http://www.cbc.ca/Canada/ Amernic, Jerry, “Canada Protected the Rights new-brunswick/story/2008/03/05/despres- Olson’s Victims Didn’t Receive,” National decision.html. Post, October 3, 2011. CBC News, “Homicide Rates in Canada Rise Bellett, Gerry, “Alleged Ring Thief Has More 7%,” December 4, 2012, http://www.cbc.ca/ Than 50 Convictions,” Vancouver Sun, March news/canada/story/2012/12/04/homicides- 7, 2008. statistics-canada.

304 ALTERNATIVE NORTH AMERICAS Notes

CBC News, “L’Affair Grand-Mere,” January Flanagan, Tom, “It’s No Time to Be 25, 2006. Complacent About Doing Time,” Globe and Mail, April 15, 2010. CBC News, “Mayerthorpe Inquiry to Begin in January,” July 19, 2010, http://www. Francis, Diane, “RCMP Is in Dire Need of an cbc.ca/canada/calgary/story/2010/07/19/ Overhaul,” , December 6, 2007. mayerthorpe-inquiry-rcmp-deaths.html. Fraser, Keith, “Robert Dziekanski’s Death CBC News, “U.S. Deserter Deported to ‘Most Traumatic Thing in My Life,’ Says Colorado: Army Official,” July 15, 2008, Teary RCMP Officer Charged with Perjury, http://www.cbc.ca/canada/british-columbia/ The Province, , 2013, http://www. story/2008/07/15/bc-robin-long-deportation-ex. theprovince.com/news/Taser+death+Mountie +tells+perjury+trial. CBC News, “RCMP Has ‘No Interest’ in Discussing Harassment Suit Settlement,” CBC , “Spearchief Will Not Be Deemed News, May 17, 2013. Dangerous Offender,” CW Media Inc., Feb 10, 2011, http://www.globalnews.ca/spearch CBC News, “What Worries Critics about ief+will+not+be+deemed+dangerous+offend Omnibus Crime Bill,” CBC News, March 6, er/42966. 2012, http://www.cbc.ca.news/canada/ story/2012/03/06/f-bill-c10-objections.html. Godfrey, Tom, “Wanted for U.S. Sex Assault, Man Allowed to File Refugee Claim,” QMI CTV News, “McGuinty Rules Out Use of Agency, November 28, 2011. Sharia Law in Ontario,” September 12, 2005. Goldstein, Lorrie, “Hug-a-Thug Crowd Should Crawford, Alison, “Long-time Mountie Read Stats,” Toronto Sun, October 22, 2009. Chosen as Next RCMP Commissioner,” CBC News, http://www.cbc.ca/news/;politics/ Goldstein, Lorrie, “The Real Deal on Crime: story/2011/11/15/pol-rcmp—commissioner. Our Crime Rate Is Alarming, if You Know What html. It Means,” Toronto Sun, July 31, 2011.

Crowley, Brian Lee, “Claims of Wholesale Goldstein, Lorrie, “Stats Are a Crime: The Americanization of Our Criminal Justice Real Numbers on Canada’s Crime Rate Tell a System Highly Exaggerated,” The Hill Times, Shocking Story,” Sun Media (Toronto Sun) September 19, 2011. Graveland, Bill, “Bad News for Ronald Demers, Julie, “Canada Record Suspensions: Smith: Bid to Abolish Death Penalty Fails Bill C-23 Updates to the Pardon System,” Again in Montana,” The Canadian Press, June 18, 2010, http://simonborys. March 13, 2013, http://www.huffingtonpost. wordpress.com/2010/06/18/canada-record- ca/2013/02/13/ronald-smith-montana- suspensions-bill-c-23-updates. abolish-death.

Department of Justice Canada, “Costs of Gray, Jeff, “After Nortel Verdict, RCMP’s Crime in Canada, 2008,” http://www.justice. Fraud Unit Racks Up Dismal Conviction gc.ca/eng/pi/rs/rep-rap/2011/rr10_5/pl.html. Record,” Globe and Mail, January 14, 2013, http://www.theglobeandmail.com/report-on- business/industry-news/the-law.

305 ALTERNATIVE NORTH AMERICAS Notes

Greenberg, Lee, “Arenburg Found Fit to Stand Humphreys, Adrien, “Man Who Confronted Trial,” Ottawa Citizen, March 25, 2008. Intruder Charged,” National Post, August 3, 2011, http://digital.nationalpost.com/epaper/ Greenberg, Lee, “Arenburg Found Guilty of showarticle.aspx?article=1d4763fc-0095- Assaulting Officer, May 22, 2008. Ottawa Citizen, 4fdb-a076-8.

Greenberg, Lee, “Schizophrenic Killer Jeffrey Jones, Tamara, “Beyond the Border of War,” Arenburg to Be Released and Returned to , March 17, 2008. Canada a Free Man…Again,” Ottawa Citizen, (Moncton Forums), September 7, 2009. Kenny, Colin, “Does the Government Truly Want to Fix the RCMP?” The Ottawa Citizen, Grohsgal, James and Anber, David, “Violence June 9, 2013. Silences Netanyahu,” September 10, 2002, http://media.www.mcgilltribune.com/media/ Kenny, Colin, “Give the Next RCMP storage/paper234/news/2002/09/10/News/ Commissioner a Chance,” The Ottawa Violence. Citizen, August 30, 2011.

Gunter, Lorne, “The Cops Have a Double Kenny, Colin, “RCMP Harassment Claims the Standard on Gun Safety,” National Post, Tip of the Iceberg,” Ottawa Citizen, August 1, October 5, 2011. 2012.

Gunter, Lorne, “Crown and Police Still View Kuitenbrouwer, Peter, “David Chen Trial: Gun Owners as Criminals,” National Post, Charged Chinatown Grocer Made Earlier August 3, 2011. Shoplifters Wait for Police for Hours,” National Post, October 7, 2010. Gunter, Lorne, “Gun Control Harassment in Canada,” Edmonton Sun, January 12, 2013, Kuitenbrouwer, Peter, “Judge Finds David and LiveLeak.com, http://www.liveleak.com/ Chen Not Guilty; or, The Grocer Wore Grey,” view?i=6c4_1360381660. National Post, October 29, 2010.

Gunter, Lorne, “The Two Colours of Canadian Levant, Ezra, “Master Media Manipulator: Justice,” National Post, January 4, 2012. Chief Spence Knew What She Was Doing,” QMI Agency, January 5, 2013. Gunter, Lorne, “Why Hang Ian Thomson for the ‘Crime’ of Protecting Himself?” National Luke, Kim, “Canadian Police Agencies Post, February 1, 2012. Suppressing Data on Race, Says Criminology Study,” Copyright 2012 AAAS, EurekAlert!, Gurney, Matt, “Protecting the Lawful Citizen,” February 2, 2012. National Post, January 25, 2011. Macdonald-Laurier Institute, “Is Crime in Haagen, Ragnar, “Truth and Reconciliation Canada Really Declining? MLI Study Questions Commission Hearings Underway in P.A.”, StatsCan’s Numbers,” February 21, 2013. News Talk 650 Radio,http://ckomcom/story/ truth-and-reconciliation-commission-hearings- Makin, Kirk, “Canadians’ Views on Crime underway-pa/41970. Are Hardening, Poll Finds,” Globe and Mail, January 22, 2010.

306 ALTERNATIVE NORTH AMERICAS Notes

Mulgrew, Ian, “It’s Finally Official: the RCMP Truth and Reconciliation Commission of Is Dysfunctional,” Vancouver Sun, December Canada, October 5, 2011, http://www.trc.ca/ 17, 2007. websites/trcinstitution/index.php?p=3.

Pardy, Gar, “Another RCMP Report for the Wells, Paul, “Jason Kenney Strikes Back,” Pile,” Ottawa Citizen, December 27, 2007. Macleans.ca, August 19, 2011, http:// www.2.macleans.ca/2011/08/19/the-minister- Platt, Michael, “Crime Stats Meaningless: Dips strikes-back/. in Violence and Theft Mean Little to Victims Crying Out for Serious Justice,” , Wikipedia, s.v. “Abdullah Khadr,” accessed July 24, 2011. October 3, 2011, http://en.wikipedia.org/wiki/ Abdullah_Khadr. Platt, Michael, “Grade 7 Student Briar MacLean Was Reprimanded for Tackling a Wikipedia, s.v. “Crime in Canada,” accessed Knife Wielding Classmate,” Calgary Sun, May July 1, 2010, http:///en.wikipedia.org/wiki/ 30, 2013. Crime_in_Canada.

Press, Jordan, “Supreme Court Upholds Wikipedia, s.v. “Grand River Land Dispute,” Sentences in Mayerthorpe Mountie Deaths,” accessed October 5, 2011, http:// National Post, August 25, 2011. en.wikipedia.org/wiki/Grand_River_land_ dispute. Press, Jordan, “Top Court Ends U.S. Bid to Extradite Abdullah Khadr,” Postmedia News, Wikipedia, s.v. “Idle No More,” accessed November 3, 2011. July 23, 2013, http://en.wikip;edia.org/wiki/ Idle_No_More. Royal Canadian Mounted Police, “2008-2009 Integrated Market Enforcement Program Wikipedia, s.v. “Indian Residential Schools Annual Report,” http://www.rcmp-grc.gc-ca/ Truth and Reconciliation Commission,” pubs/imets-eipmf/2009-eng.htm. accessed October 5, 2011, http:// en.wikipedia.org/wiki/Indian_Residential_ Royal Canadian Mounted Police, Schools_Truth_and_Reconciliation_Com. “Backgrounder: Integrated Market Enforcement Team Program,” October 21, Wikipedia, s.v. “Ipperwash Crisis,” accessed 2011, http://www.rcmp-grc.gc.ca/imet-eipmf/ June 28, 2010, http://en.wikipedia.org/wiki/ backgrounder-information-eng.htm. Ipperwash_Crisis.

Soupcoff, Marni, “Caledonia + 2,” National Wikipedia, s.v. “Jeffrey Arenburg,” accessed Post, March 4, 2008. February 12, 2013, http://en.wikipedia.org/ wiki/Jeffrey_Arenburg. Taylor, Malcolm, “Activists Urge Ottawa to Ditch Army-Deserter Policy, for National Post Wikipedia, s.v. “Mayerthorpe Incident,” files, Post Media News, October 16, 2010, accessed June 29, 2010, http://en.wikipedia. http.//www.nationalpost.com/news/Activist org/wiki/Mayerthorpe_incident. s+urge+Ottawa+ditch+army+deserter+poli cy/3683022/story.html. Wikipedia, s.v. “Mayerthorpe Tragedy,” accessed October 3, 2011, http:// en.wikipedia.org/wiki/Mayerthorpe_tragedy.

307 ALTERNATIVE NORTH AMERICAS Notes

Wikipedia, s.v. “Robert Dziekanski Taser Atlasshrugs, “Canada in Landmark Move Incident,” accessed January 8, 2012, to Kill ‘Hate Speech’ Law,” July 5, 2013, http://en.wikipedia.org/wiki/Robert_ http://atlasshrugs2000.typepad.com/atlas_ Dzieka%C5%84ski_Taser-incident. shrugs/2013/07/canada-in-landmark.

Wikipedia, s.v. “Shawinigan Handshake,” Baklinski, Peter, “Great Day for Freedom: accessed June 29, 2010, http://en.wikipedia. Canadian Senate Axes Section 13 ‘Hate org/wiki/Shawinigan_Handshake. Crime’ Provision,” June, 27, 2013, Lifesitenews.com, http://www.lifesitenews. Wikipedia, s.v. “Theresa Spence,” accessed com/news/great-day-for-freedom-senate- June 30, 2013, http://en.wikipedia.org/wiki/ axes-section. Theresa_Spence. Bawer, Bruce, “Canadian Supreme Court Worthington, Peter, “Giving War Criminals the Kills Last Hope for Free Speech,” Israpundit, Boot,” QMI Agency, August 1, 2011. March 3, 2013, http://www.israpundit.com/ archives/53252. www.VoiceofCanada.ca, “University of Waterloo Apologizes to Christie Blatchford: Blatchford, Christie, Helpless: Caledonia’s “freedom to Speak and to Learn Is Nightmare of Fear and Anarchy, and How Fundamental,” www.VoiceofCanada.ca, Truth, the Law Failed All of Us, Doubleday, Canada, Justice and the Canadian Way, November 2010, p258. 17, 2010, http://voiceofcandad.wordpress. com/2010/11/17/university-of-waterloo- Blizzard, Christina, “Human Rights appologizes-to... Commission Is Out of Control,” Toronto Sun, May 7, 2008. Yourk, Darren, “RCMP Officer Killed in Nunavut,” Globe and Mail, November 6, 2007. Boesveld, Sarah, “Gender Vs Religion: Woman Refused Haircut by Muslim Barber Zajac, Ronald, “Teen Who Choked Woman, Highlights Problem of Colliding Rights,” 80, to Death, Gets 7 Years,” QMI Agency, National Post, November 30, 2012, http:// July 17, 2013. www.amren.com/news/2012/12/gender-vs- . Zickefosse, Sherri, “Serial Rapist Released religion-woman-refused Without Rehab,” , March 8, Boissoin, Stephen, “Canadian ‘Human 2008. Rights’ Commissions Bear Down on Christian Clergymen,” October 1, 2008, ______“Enforce the Law,” National Post, http:// January 2, 2010. stephenboissoin.blogspot.com.2008/10/ canadian-human-rights-commissions-bear. . Chapter 6 Human Rights and Wrongs html

Abearsrant, “Where Is the Money Going on Canada Legal Information Institute, “Criminal First Nations Reserves?”, December 29, 2012, Code: Part VIII: Offences Against the Person and Reputation,” http://abearsrant.com/2012/12/where-is-the- http://.canlii.org/ca/sta/c-46/ . money-is-going-on-first-nations-reserves. sec319.html . html#x2kQyz3qFGf1gsAY.99 “Catholic Insight Responds to Human Rights Complaint by Homosexual Activist,”

308 ALTERNATIVE NORTH AMERICAS Notes

LifeSiteNews.com, December 20, 2007, Jones, David T, “Human Rights: Reviewing http://www.lifesitenews.com/ldn/2007/ 2012 Globally and in Canada,” Hill Times, dec/07122008.html, on March 21, 2008. June 3, 2013, [email protected].

Corren, Michael, “Hate Debate: Zealots Kay, Jonathan, “Human Rights Commissions Have Too Quick to Complain to Human Rights Had Their Day,” National Post, March 6, 2013. Commissions,” Toronto Sun, February 9, 2008. Levant, Ezra, “Enlightenment, Please: Supreme Court Plunges Us Back into Dark Curry, Bill, “Tories Threaten to Drop Native Ages,” QMI Agency, March 2, 2013. Human-rights Bill, Opposition Amendments Unsupportable,” Globe and Mail, April 15, Levant, Ezra, “Free Speech? It Appears 2008. Guest Speakers at Synagogues Now Have to Register Their Opinions in Advance with DeBow, Michael, and others, “The Case for Police,” QMI Agency, May 4, 2013. Partisan Judicial Elections,” Federalist Society, Levant, Ezra, “What a Strange Place Canada January, 1, 2003, http://www.fed-soc.org/ Is,” , January 21, 2008. publications/detail/the-case-for-partisan- Globe and Mail judicial-elections. Mansur, Salim, “Assault Goes Beyond De Valk, Alphonse, “Open Letter to the Violence,” Toronto Sun, January 19, 2008. Honourable Robert Nicholson, Minister of Marmur, Dow, “Proper Curb on Freedom of Justice,” Catholic Insight, September 9, Expression, Toronto Star, March 9, 2008. 2009, http://catholicinsight.com/online/ editorials/article_927.shtml. Morgan, Anna, “Courts Not the Place to Fight Hate,” Toronto Star, February 17, 2008. Flanagan, Tom, First Nations? Second Thoughts, Montreal, Quebec, McGill-Queen’s O’Neill, Katherine, “Retrial of Native Leader University Press, 2000. Called ‘Vindictive,’” Globe and Mail, February 2, 2008. Gunter, Lorne, “Alberta’s Gauntlet of Bias,” National Post, January 14, 2008. “Silencing Offensive Ideas Has No Place in Human Rights Law,” Vancouver Sun, February Gunter, Lorne, “The Right to Be Loathsome: 26, 2008. Censoring Hossain Would Be Just as Unprincipled as Censoring Levant or Steyn,” Steyn, Mark, “I Have an Idea for You, National Post, February 1, 2008. Cronenberg,” MacLean’s, March 24, 2008.

Gunter, Lorne, “Run Afoul of the Rights Police, Toughill, Kelly, “Censorship Not the Answer,” Lose Your Home,” National Post, February 3, Toronto Star, January 26, 2008. 2011. Urback, Robyn, “Backlash Has Already Begun Human Rights Watch. Selections on Canada. Against Alleged Discriminatory Bridal Shop: http://www.hrw.org/doc?t=americas&c=Canada, Leave the Human Rights Commission Out of on March 19, 2008. It,” May 6, 2013, National Post.

309 ALTERNATIVE NORTH AMERICAS Notes

Vere, Peter, “The Latest News on the HRC org/wiki/Canadian_Human_Rights_ Controversy,” Catholic Insight: Features, Commission_free_speech_contrv March 21, 2008, at http://catholicinsight.com/ , s.v. “Canadian Islamic Congress online/features/article_784.shtml, on March Wikipedia 21, 2008. Human Rights Complaint,” accessed June 14, 2010, http://en.wikipedia.org/wiki/Mark_Steyn. U.S. Department of State, County Reports on Human Rights Practices for 2007, Wikipedia, s.v. “Grand River Land Dispute,” Washington, D.C., U.S. Government Printing accessed June 15, 2010, http://en.wikipedia. Office, 2008. org/wiki/Grand_River_land_dispute.

U.S. Department of State, County Reports Chapter 7 Language and Discord on Human Rights Practices for 2009, Adler, Charles, “On Bilingualism—$40Gs for Washington, D.C., U.S. Government Printing Secret Shoppers No Bargain,” , Office, 2010. QMI Agency August 5, 2011. U.S. Department of State, County Reports “Anglophone Menus Not Acceptable, Say on Human Rights Practices for 2010, Quebec Language Groups,” CBC News, Washington, D.C., U.S. Government Printing November 8, 2007. Office, 2011. 2006-2007 Annual Report, Two Official U.S. Department of State, County Reports Languages, One Common Space: 40th on Human Rights Practices for 2011,

Washington, D.C., U.S. Government Printing Anniversary of the Official languages , Office of the Commissioner of Official Office, 2012. Act Languages, Minister of Public Works and U.S. Department of State, County Reports Government Services Canada 2007, Cat. No.: on Human Rights Practices for 2012, SF1-2009, ISBN: 978-0-662-06825-9. Washington, D.C., U.S. Government Printing 2008-2009 , Office of the Office, 2013. Annual Report Commissioner of Official Languages, Minister Wagamese, Richard, “The Value of Residential of Public Works and Government Services Schools,” The Ottawa Citizen, May 7, 2008. Canada 2009, Cat. No.: SF1-2007, ISBN:978- 0-662-69801-2. Warren, David, “Political Correctness in Canada—Or Else,” The Ottawa Citizen, 2009-2010 Annual Report, Office of the September 8, 2009. Commissioner of Official Languages, Minister of Public Works and Government Services Warren, David, “Victims of the Revolution,” Canada, short version released on May 25, The Ottawa Citizen, January 16, 2008. 2010, Cat. No.: SF1-2010, ISBN:978-1-100- 51585-4, http://www.ocol-clo.gc.ca/html/ Wente, Margaret, “The Case of the Smelly ar_ra_2009_10_e.php. Lunch,” Globe and Mail, February 3, 2011. “Bilingualism Given Short Shrift by Research Wikipedia, s.v. “Canadian Human Rights Funding Agencies, Watchdog Says,” The Commission Free Speech Controversy,” Canadian Press, January 9, 2008. accessed June 14, 2010, http://en.wikipedia.

310 ALTERNATIVE NORTH AMERICAS Notes

Brimelow, Peter, The Patriot Game, p3, Gunter, Lorne, “Time to Bid Official Toronto, Ontario: Key Porter Books Limited, Bilingualism Adieu…” QMI Agency, October 1986. 27, 2012.

Canadian Heritage-Report on Government of Hamilton, Graeme, “As Montreal’s Canada Consultation on Linguistic Duality,” Demographics Shift, Anti-Anglophone http://www.pch.gc.ca/pc-ch/conslttn/lo- Sentiments Make a Comeback,” National ol_2008/lord/index-eng.cfm. Post, January 13, 2012.

CBC News, “Bilingualism Declines for lst Time Hayday, Matthew, “Lord Report on Official in 40 Years,” May 28, 2013, http://www.cbc. Languages,” March 20, 2008, http:// ca/news/canada/ottawa/story/2013/05/28/ pamplemoose.blogspot.com/2008/03/lord- bilingualism-canada-decline.html. report-on-official-languages.html.

“Court Orders Yukon to Build $15 Million Harper, Stephen, “Canada’s Not a Bilingual School for 41 Francophone Students,” Country,” Calgary Sun 2001, reprinted National Post, July 28, 2011. Toronto Sun July 15, 2011.

Dougherty, Kevin, “Ball Dropped on French Hebert, Chantal, “French Still an Abstraction Study: Dumont,” The Montreal Gazette, in Much of Canada,” Toronto Star, December January 25, 2008. 5, 2007.

Dougherty, Kevin, “CAQ Will Support a “Irish Pub Not French Enough for Language Modified Bill 14,” TheMontreal Gazette, April Police,” CTV.ca News Staff, February 15, 24, 2013, http://www.montrealgazette.com/ 2008. life/will+support+modified_Bill/8287819/story. Jaimet, Kate, “Account for Bilingualism Cash: html. Fraser,” The Ottawa Citizen, December 20, Field, Dick, “The Report—A 2007. Multi-Billion Dollar Boondoggle,” April 5, 2008, Johnson, William, “The Latest Target: http://www.canadafreepress.com/index.php/ Anglophones,” , January article/2507. 31, 2008. Fraser, Graham, “French Can Open Up the World,” The Citizen, February 11, 2008. Korski, Tom, “Under Official Languages Act, Canada’s No More Bilingual Than It Was a Fraser, Graham, Sorry, I Don’t Speak French, Century Ago,” Hill Times, January 16, 2012. Toronto, Ontario: Douglas Gibson Books, McClelland & Stewart Ltd., 2006. Macpherson, Don, “A Vermont City Gets the Message on Customer Service,” The Gazette, Friesen, Joe, “French Alive and Well in August 11, 2011. Canada, Official-Languages Watchdog Says,” The Globe and Mail, October 30, 2012, Macpherson, Don, “Half of Anglos Send Their http://www.theglobeandmail.com/news/ Kids to French Schools,” The Gazette. politics/french-alive-and-well-in-canada- official.

311 ALTERNATIVE NORTH AMERICAS Notes

Macpherson, Don, “The Languages Scott, Marian, “French Gains Ground Among Commissioner Defends Quebec’s Anglos,” Newcomers,” The Gazette, May 10, 2013, June 23, 2012, http://www.montrealgazette. http://www.montrealgazette.com/news/ com/life/Macpherson+languages+commissio French+gains+ground+among+newcome ner+defends+Quebec+anglos/6826656/story. rs/8357411/story.html. html#ixzz1ycSti8A8. Smith, Teresa, “Parlez-vous Francais— National Post Editorial Board, “Unnecessary in and Should It Matter?” Postmedia News, Either Official Language,” May 27, 2010. November 5, 2011.

National Post, “An Unnecessary Language “Speaking of Waste,” National Post, February Test,” November 2, 2011. 9, 2008.

Office of the Commissioner of Official Webster, Normal, “Oh Joy! Just What Quebec Languages, Annual Report 2011-2012, Cat. Needs: Another Language Crisis,” The No.:SF1-2012, IAAN: 0382-1161 Gazette, February 17, 2008.

Persichilli, Angelo, You Can’t Legislate Culture Wikipedia, s.v. “Language Demographics or Language,” The Hill Times, July 18, 2011. of Quebec,” accessed July 21, 2013, http://en.wikip;edia.org/wiki/Language_ Plante, Caroline, “As Quebec National demographics_of_Quebec. Assembly Breaks for Summer, Bill 14 a Hot Topic,” Reporter, June 14, 2013, http:// “You Can’t Engineer Language,” National globalnews.ca/news/643514/Quebec- Post, December 28, 2007. national-assembly-breaks-for-summer-bill-14- is-hot-topic/. Chapter 8 The Canadian Military and the Postmedia News, “Bilingual Spending Costs Defense of North America $2.4 Billion Per Year,” Postmedia News, and January 16, 2012. Chapter 9 QMI Agency, “Bilingualism Rates Leveling Out Alternative Scenarios for the in Canada While Increasing in Quebec,” May Canadian Forces 28, 2013. Berton, Pierre, Marching as to War, “Quebec Language Police Nab Montreal Bar Doubleday Canada, 2001, pp200-01. for Vintage Posters,” CBC News, February 14, 2008. Brennan, Richard, “41,000 Illegal Immigrants Gone Missing,” Toronto Star, Roadmap for Canada’s Official Languages May 7, 2008, http://www.thestar.com/ 2013-2018, March 2013, http://www.pch. news/canada/2008/05/07/41,000_illegal_ gc.ca/eng/1363882822690. immigrants.

Schrank, Delphine, “Belgians Limp Along, Byers, Michael, “16 Billion for the Wrong Hobbled by Old Language Barriers,” Planes,” Toronto Star, July 18, 2011. Washington Post, January 30, 2008.

312 ALTERNATIVE NORTH AMERICAS Notes

Campion-Smith, Bruce, “Military Hiring Spree 24, 2013, http://www.defenseindustrydaily. ‘to Reflect Face of Canada’,”Toronto Star, com/sub-support-contract-creating-canadian. April 15, 2005. Granatstein, J.L., “There’s No Life Like It? “Canada and UN Peacekeeping,” Peace Tell Us More, Mr. Harper,” National Post, Operations Working Group, October 2009, September 17, 2008. http://peacebuild.ca/work-groups-peace- operations-e.php. Granatstein, J.L., Who Killed Canadian History, A Phyllis Bruce Book, HarperCollins Canada News, “Navy, Air Force to Get Back Publishers Ltd, 1998. Old ‘Royal’ Names,” August 15, 2011. Hedgpeth, Dana, “Lockheed in $9 billion Jet Canadian Press, “Military Will Need Break Deal with Canada,” Washington Post, July 17, When Afghan Mission Ends: Canadian Army 2010. Chief,” March 9, 2009. Jones, David, “The Summer of Canadian Caribbean Journal Staff, “Canada Sending Content—2011,” Foreign Policy Research New Deployment to UN Peacekeeping Mission Institute , August 15, 2011. in Haiti,” Caribbean Journal, June 19, 2013, http://www.caribjournal.com/2013/06/19/ Kenny, Colin, “A Fusillade of Words,” Ottawa canada-sending-new-deployment-to. Citizen, April 21, 2010.

Chrétien, Jean, Straight from the Heart, Key MacKenzie, Lewis, “The Real Story Behind Porter Books, Limited, Toronto, Ontario, 1985, Srebrenica,” Globe and Mail, July 14, 2005, Chapter 1, p. 14. http://www.mail-archive.com/serbian_way@ antic.org/msg00008.html. Chung, Amy, “Canada’s Top Soldier Stands Behind Cost-Cutting Report,” Postmedia Morton, Desmond, Understanding Canadian News, September 1, 2011. Defence, Penguin/McGill Institute Book, Toronto, Ontario, 2003, p191. CTV News Channel, “Deployment of Canadian Peacekeepers to Haiti a ‘Small but Positive’ National Defense, Marketwire, “HMCS Gesture to UN,” June 20, 2013, http://www. Windsor Returns to Sea,” December 14, cigionline.org/articles/2013/06/deployment- 2012, http://www.forces.gc.ca/site/news- of-canadian-peacekeepers. nouvelles/news-nouvelles-eng.asp?id=3979.

CTV News.ca Staff, “Report Outlines $1 Billion National Post Editorial Board, “Our (New) in Cuts to Military,” August 19, 2011. Military, January 16, 2010.

Daubs, Katie, “Canadian Navy Has Wrong Pratt, David, “Re-thinking the Reserves,” Torpedoes for Subs,” Toronto News, April 9, Ottawa Citizen, March 29, 2011. 2011. Wattie, Chris, “In May, 2007, Stephen Harper Defense Industry Daily, Defense Program Tells Our Soldiers that We Can’t Set Arbitrary Acquisition News, “Victoria Class Submarine Deadlines for a Pullout. In Sep, 2008, He Does Fleet Creating Canadian Controversies,” July Just That,” Reuters, September 18, 2008.

313 ALTERNATIVE NORTH AMERICAS Notes

Wikipedia, s.v. “List of Countries by Military Hebert, Chantal, “Will Olympics Change Minds Expenditures,” accessed July 30, 2013, in Quebec?” Toronto Star, March 10, 2010. http://en.wikipedia.org/wiki/List_of_countries_ by_military_expenditures. Jacobson, Roberta, Interview with La Presse, September 29, 2012, http://www.lapresse. Wikipedia, s.v. “List of Countries by Number ca/international/etats-unis/201209/29/01- of Military and Paramilitary Personnel,” 4578779-lelection-du-pq-ninquiete-pas- accessed July 27, 2013, http://en.wikipedia. washington.php. org/wiki/List_of_countries_by_number_of_ military_and_paramilitary_personnel. Jones, David T, “An Independent Quebec: Looking into the Abyss,” The Washington World Federalist Movement—Canada, Quarterly, Spring 1997, Volume 20, Number “Canada and UN Peacekeeping,” July 2012, 2. www.worldfederalistcanada.org. Jones, David T, “The Summer of Canada’s _____, “PM Unveils Canada First Defence Content—2011, Foreign Policy Research Strategy,” May 12, 2008, http://pm.gc.ca/ Institute E-Note, August 2011. includes/send_friend_eMail_print.asp?URL=/ eng/media.asp&category=1& Lamont, Lansing, Breakup: The Coming End of Canada and the Stakes for America, W.W. Chapter 10 Quebec as the Never Ending Norton & Company, 1994. Problem Legault, Josée, “ADQ’s Decline Is Good News Canada Press, “Quebec Opposition Upset for the Liberals,” Montreal Gazette, June 20, after Gilles Duceppe Lands PQ Government 2008. Gig,” March 28, 2013, http://news. Macpherson, Don, “Quebec Culture Places nationalpost.com/2013/03/28/Quebec- Hockey Over Politics, Opposition Over opposition-upset-after-gilles. Power,” Montreal Gazette, April 16, 2011. CBC News, “Let’s Move on, Says Quebec Poliquin, Daniel, “Get Ready for the Next Accommodation Commission,” May 22, Referendum,” Ottawa Citizen, May 12, 2010. 2008, http://www.cbc.ca/Canada/montreal/ story/2008/05/22/qc-accommodation.html. Radia, Andy, “Philippe Couillard, Quebec’s New Liberal Party Leader, Calls for New CBC News, “Quebec Sovereignty Debate Round of Constitutional Talks, Canada Settled: Poll,” May 18, 2010. Politics, March 18, 2013, http://ca.news. Gordon, Alastair, “Canada Should Be Prudent, yahoo.com/blogs/canada-politics/philippe- and Plan for Quebec’s Separation, National couillard-Quebec-liberals. Post, April 19, 2011. Reuters, “Canada: Newfoundland Says Grenier, Eric, “Justin Trudeau’s Quebec Quebec Is a Hazard,” Washington Post, June Poll Numbers Suggest He Could Win Back 10, 2010. Province from NDP,” The Huffington Post Scott, Marian, “Quebec Still Comes First in Canada, April 26, 2013. Identity Survey,” Montreal Gazette, December 29, 2010.

314 ALTERNATIVE NORTH AMERICAS Notes

Scowen, Reed, Time to Say Goodbye: The Case Court Rules,” July 17, 2012, http://www. for Getting Quebec Out of Canada, McClelland huffingtonpost.ca/2012/07/17/canada-kyoto- & Stewart Inc., Toronto, Ontario, 1999. protocol-withdrawal-court-ruling_.

Statistics Canada, The Daily, “Provincial CBC News, “Alberta Tories Invoke Closure and Territorial Economic Accounts, 2011,” on Bill 11,” May 3, 2000, http://www.cbc. November 19, 2012, http://www.statcan. ca/news/canada/story/2000/05/03/health_ gc.ca/daily-quotidien/121119/dq121119a- alta000503.html. eng.htm. Fowlie, Jonathan, “Gordon Campbell: Wikipedia, s.v. “List of Canadian Provinces HST Will Be Economic Stimulus for BC,” and Territories by Gross Domestic Product,” Vancouver Sun, June 30, 2010. accessed May 21, 2013, http://en.wikipedia. org/wiki/List_of_Canadian_provinces_and_ Free Alberta.com: For An Independent territories_by_gross_domestic. Alberta, July 21, 2008, http://www.freealberta. com/transfer_payments.html. Wikipedia, s.v. “List of Canadian Provinces by Unemployment Rate,” accessed June 27, Hoekstra, Gordon, “Dix’s Pipeline Flip-flop 2013, http://en.wikipedia.org/wiki/List_of_ Key Factor in Election Outcome: Union,” Canadian_provinces_by_enemployment_rate. Vancouver Sun, May 18, 2013, http://www. vancouversun.com/business/;pipeline+flip+flo Chapter 11 Regarding the West: The p+factor+election+outcome Best of Times and Its Discontents MacDonald, Ian, L, “Oil Patch Reeling from Alberta Finance and Enterprise: Economics, Unfair Attacks,” The Montreal Gazette, July Demography and Public Finance, “Albertans 18, 2010. Net Contribution to Confederation,” December MacLeod, “BC’s Economy in Decline,” 8, 2010. TheTyee.ca, June, 28, 2013, http://thetyeee. Alberta Energy: Natural Gas Rebate ca/News/2013/06/28/BC-Economy-In- Program—Frequently Asked Questions, July Decline/ 18, 2008, http://www.energy.gov.ab.ca/ Rhoads, Christopher, “Canada Slips on Oil’s NaturalGas/758.asp. Slide,” The Wall Street Journal, February 18, Alberta’s Tax Advantage in Canada, 2008, 2009. http://www.finance.alberta.ca/publications/ Smyth, Michael, “Just How Big Was Gordon budget/budget2008/tax.pdf. Campbell’s HST Lie,” The Province, April 18, Bailey, Ian, “Jane Sterk Stepping Down as 2010, http:www.theprovince.com/life/hold+yo BC Green Party Leader, Quitting Politics,” ur+breath+waiting+list/2921392. The Globe and Mail, August 13, 2013, http:// Wikipedia, s.v. “British Columbia General www.theglobeandmail.com/news/british- Election, 2009,” accessed July 25, 2010, columbia/jane-sterk-stepping-down-as-bc. http://Wikipedia.org/wiki/British_Columbia_ Canadian Press, “Canadian Government general_election,_2009. Has Right to Pull Out of Kyoto Accord, Wikipedia, s.v. “Carole James,” accessed

315 ALTERNATIVE NORTH AMERICAS Notes

July 21, 2008, http://en.wikipedia.org/wiki/ Pipeline Appealing and Has a Politically Carole_James. Important Spinoff,” QMI Agency, August 5, 2013. Wikipedia, s.v. “Politics of British Columbia: First Decade of 21st Century,” accessed July Martin, Eric and Argitis, Theophilos, “Canada- 20, 2008, http://en.wikipedia.org/wiki/Politics_ U.S. Softwood Lumber Agreement Extended of_British_Columbia. Until 2015,” http://www.businessweek.com/ news/2012-01-23/canada-u-s-softwood- Chapter 12 The Economics lumber-agreement-extended-until-2015.html. of Inequality News Desk, “Canada Finds BSE in Alberta Auto Pact, Auto Pact-eNotes.com Reference, Dairy Cow,” March 5, 2011, http://www. http://www.enotes.com/topic/Auto_Pact. foodsafetynews.com/2011/03/canada-finds- bse-in-alberta-dairy-cow/. Canada News, “Canada’s Unemployment Rate Up to 7.5% in December,” http:// Office of the United States Trade www.tradingeconomics.com/canada/ Representative, “Canada: U.S.-Canada Trade unemployment—rate. Facts,” as of August 8, 2013, http://www.ustr. gov/countries-regions/americas/canada. CBC News, “In Depth: Auto Industry,” August 21, 2006, http://www.cbc.ca/news/ Office of the United States Trade background/autos/. Representative, “Statement by the Office of the U.S. Trade Representative in Response Crowley, Brian Lee, Clemens, Veldhuis, The to Decision in Third Softwood Lumber Canadian Century: Moving Out of America’s Arbitration,” July 18, 2012, http://www. Shadow, The Macdonald-Laurier Institute, Key ustr.gov/about-us/press-office/press- Porter Books, Toronto, Ontario, 2010. releases/2012/july/ustr-statement-response. Foreign Trade—U.S. Trade with Canada, Perimeter Security Economic “Trade in Goods with Canada: 1985-2011,” Competitiveness, “Bilateral Relations: http://www.census.gov/foreign-trade/balance/ Canada-U.S. Trade and Investment, http:// . c1220.html actionplan.gc.ca/en/page/bbg-tpf/bilateral- Fuss, Melvyn and Waverman, Leonard, relations-canada-us-trade-and-investment. “The Canada-U.S. Auto Pact of 1965: An Reuters, “Canada, U.S. Extend Softwood Experiment in Selective Trade Liberalization,” Lumber Agreement,” January 23, 2012, http:// National Bureau of Economic Research, www.reuters.com/article/2012/01/23/us-usa- Inc., Series NBER Working Papers with lumber-idUSTRE80M20T20120123?fee. number 1953, http://ideas.repec.org/p/nbr/ nberwo/1953.html. Statistics Canada, “Canada’s State of Trade: Trade and Investment Update 2012,” April Harper, Stephen, “Statement by the Prime 30, 2013, http://www.international.gc.ca/ Minister of Canada at the World Economic economist-economiste/performance/state- Forum,” January 26, 2011. point/state_2012_p... Levant, Ezra, “Freedom Oil: Energy East U.S. Chamber of Commerce, Global

316 ALTERNATIVE NORTH AMERICAS Notes

Intellectual Property Center, “Canada Enacts US rates during the period 1996-07-15 to Copyright Reform Legislation,” July 5, 2012, 2005-07-15, http://bankofcanada.ca/rates/ http://www.theglobalipcenter.com/canada- exchange/can-us-rate-lookup/ . enacts-copyright-reform-legislation/. Chapter 13 Shibboleths U.S. Department of Transportation, Office of Aviation and International Economics, Capital Regional District, “Core Area “The Impact of the New US-Canada Aviation Wastewater Treatment Program,” http://www. Agreement at Its Third Anniversary,” February crd.bc.ca/wastewater/madeclear.htm. 1998, ostpxweb.dot.gov/aviation/intav/ CBC, “Victoria Gets Funding for Sewage canada2.pdf. Treatment Plant,” July 16, 2012, http:// U.S. Department of State, Background Note: www.cbc.ca/news/canada/british-columbia/ Canada, December 22, 2011, http://www. story/2012/07/16/bc-victoria-sewage.html. state.gov/r/pa/ei/bgn/2089.htm. Clifton, Rodney A, “Residential Schools: U.S. Lumber Coalition, “About the Softwood Another View,” National Post, May 31, 2008. Lumber Agreement,” (2011), http://www. DeSouza, Raymond, J, “Two Sides to the uslumbercoalition.org/general.cfm:page=4. Story,” National Post, June 11, 2008. Wikipedia, s.v. “Canada-United States Krauss, Clifford, “U.S. and Canada Reach Automotive Products Agreement,” accessed Deal on Draining Lake,” New York Times, January 20, 2012, http://en.wikipedia.org/ August 7, 2005. wiki/Canada%E2%80%93United_States_ Automotive_Products_. Partridge, John, “Quebec Think-Tank Favours Water Exports,” Globe and Mail, August 27, Wikipedia, s.v. “Canada-United States 2008. Softwood Lumber Dispute,” accessed January 25, 2011, http://en.wikipedia.org/ Thomas, Ken, “U.S. House Committee wiki/Canada%E2%80%93United_States_ Approves Great Lakes Compact to Protect softwood_lumber_dispute. Water Source,” July 31, 2008.

Wikipedia, s.v. “Copyright ,” Wente, Margaret, “Commentary: Who’s Truth? accessed June 12, 2013, http://en.wikipedia. What Reconciliation?” Globe and Mail, June org/wiki/Copyright_law_of_Canada. 12, 2008. s.v. “Open Skies,” http:// Wikipedia, Wikipedia, s.v. “Indian Residential Schools en.wikipedia.org/wiki/Open_skies. Truth and Reconciliation Commission,” accessed May 11, 2010, http://en.wikipedia. Yahoo News, “Bank of Canada Governor Says org/wiki/Indian_Residential_Schools_Truth_ U.S. Economy May Never Fully Recover,” The and_Reconciliation_Com… Canadian Press, January 22, 2012, http:// ca.news.yahoo.com/bank-canada-governor- Yaffe, Barbara, “Respect and Sincerity Mark says-us-economy-may-never-164300314. day of Apology in Commons,” Vancouver Sun, June 12, 2008. _____, “Can$/US$ Exchange Rate Lookup,” Bank of Canada, Highest and Lowest CAN/

317 ALTERNATIVE NORTH AMERICAS ABOUT THE AUTHOR

David T. Jones is a retired senior Foreign Service officer; he served as political minister counselor at the U.S. Embassy in Ottawa from 1992 to 1996). While on active duty with the Department of State, he was a specialist in politico-military affairs, notably for NATO issues, military base negotiations, and nuclear arms control. He was also foreign affairs adviser for two Army chiefs of staff.

In retirement, Jones has continued research and writing on U.S.- Canadian bilateral issues and foreign affairs, publishing more than 700 articles, columns, and reviews, for International Journal, Québec Studies, Policy Options, Ottawa Citizen, American Diplomacy, Hill Times, and Foreign Service Journal, among others, including a twice- monthly paired viewpoints (“David vs David”) with former Canadian Member of Parliament David Kilgour, with whom he co-authored Uneasy Neighbo(u)rs: Canada, the USA, and the Dynamics of State, Industry, and Culture (John Wiley, 2007). Jones edited and co-authored The Reagan- Gorbachev Arms Control Breakthrough (New Academia, 2012), assessing the negotiations and consequences of the 1987 INF Treaty eliminating U.S.-Soviet intermediate-range nuclear missiles.

Jones has the standard “wall of respect” array of awards and commendations, which he does not display. His proudest accomplishment is maintaining an almost 50-year marriage featuring three children and two grandchildren.

318 ALTERNATIVE NORTH AMERICAS 319 ALTERNATIVE NORTH AMERICAS 320 ALTERNATIVE NORTH AMERICAS INDEX

9/11 and Canada 291 security requirements post-9/11 20–1, 24 and security threat perception 15–19

A-B Line dispute see Dixon Entrance and Seaward boundary dispute aboriginal peoples in Canada see First Nations Action Démocratique du Québec (ADQ) 181 ADQ see Action Démocratique du Québec Afghanistan Canadian commitment in 148–9, 156, 173–5, 281 Ahenakew, David 107 airliner bombings Air India Flight 182 87 Northwest Airlines Flight 253 (Christmas day bombing attempt) 5–16 airline-related security, American 18–19 identification requirements 20 Alaska and Beaufort Sea dispute 30 Alberta economic and energy boom in 215–17, 220 and National Energy Program 221, 247, 261 question of separatism 221–2, 229, 250–1 role in Canadian Confederation 230–1, 247–9 see also 228–30 allophones 117, 194 American West see Western United States Amnesty International 275 anti-militarism, Canadian 140–3 Arar, Maher 87, 283 arbitration as solution to border disputes 36–7 Arctic Council 47–8, 52-3 Arctic Oil & Gas Company 50

321 ALTERNATIVE NORTH AMERICAS Arenburg, Jeffrey 96–7 Arlington National Cemetery 143, 145, 148 Assadourian, Sarkis 4 Auto Pact (1965) 254–5 Axworthy, Lloyd 280, 290 Axworthy, Tom 52–3, 280

Baucus, Max 4 Beaudoin, François 88 Beaufort Sea maritime boundary dispute 29–30 solutions to 39 Belgium language policy 135–6 Bernardo, Paul 91 Berton, Pierre Why We Act Like Canadians 1–2 “Beyond the Border and Regulatory Cooperation” 6–7, 22, 285 see also perimeter security bilateral relations, U.S.-Canada see United States-Canada relations bilingualism in Canada 8, 116–18, 287 opportunity costs of 131–3 promotion of 123–7 biometric passports 21–2 Black, Conrad 97–8 Blanchard, James 202, 214, 255–6 Blatchford, Christie 82, 84 Bloc Québécois (BQ) 117, 182–3, 190, 196, 202 border and boundary disputes, U.S.-Canada 7, 284 history 24–6 see also inland waters disputes, U.S.-Canada; maritime boundary disputes border security, U.S.-Canada Canadian indifference 11 issues and challenges 6–7, 284–5 North American perimeter approach 163–4 prospective Liberal policy, and U.S. concerns 282–3 U.S. attitudinal changes 14–19 border, U.S.-Canada social and economic fluidity 12–14 Borovoy, Alan 111 Bouchard, Gérard 186 Bouchard, Lucien 181, 189–90, 191, 192–3, 202–3 Boundary Waters Treaty (1909) 42

322 ALTERNATIVE NORTH AMERICAS bovine spongiform encephalopathy (BSE) and Canadian cattle industry 258–9, 291 BP PLC 29, 39, 216 BQ see Bloc Québécois Bre-X gold mine swindle (1997) 87–8 British Columbia economic recovery 244–5 Juan de Fuca Strait dispute 33, 41 softwood lumber dispute 245, 256–8 see also politics of British Columbia British Columbia Liberal Party 237–41 British Columbia New Democratic Party 237–9, 241–3 BSE see bovine spongiform encephalopathy Bush, George H.W. and Mulroney relationship 289 see also Bush presidency (1989-1993) Bush, George W. 4, 49, 147, 177, 275 and Chrétien relationship 290–1 and Martin relationship 291–2 see also Bush presidency (2001-2009) Bush presidency (1989-1993) official position on Quebec situation 200–1 Bush presidency (2001-2009) official position on Quebec situation 205–6 Business Development Bank of Canada 88

CAF see Canadian Forces Campbell, Gordon 237, 238–41, 242, 243 Campbell, Kim 120, 152, 290 Canada economy of 252–3 idiosyncrasies 265–71 investment in U.S. 264 negotiating tactics of 253–4 number of nonimmigrant visitors to 60–1 perception and criticism of U.S. 3–6, 10 Rest of Canada and Quebec situation 208–9 U.S. perception of 10–11 U.S. resentment towards 177–8 see also ; specific provinces, e.g. Quebec Canada Border Services Agency (CBSA) 69 “Canada Experience Class” program 61 Canada-United States relations see United States-Canada relations Canadian Alliance 222-3, 232 Canadian Arctic sovereignty see Northwest Passage

323 ALTERNATIVE NORTH AMERICAS Canadian Armed Forces (CAF) see Canadian Forces Canadian Forces (CF) at crossroads 8–9, 285–6 current Canadian attitudes towards 140–50 lack of federal commitment to 155–6 lack of societal interest in 146 participation and contributions in World Wars 137–9 post-World War II 139–40 proposed modernization of 153–4 reorganization scenarios 161–7 societal composition of 151 Canadian Human Rights Act (1977) 109 Canadian Security Intelligence Services (CSIS) 87 “Canadians of convenience” 74 Canadian West see Western Canada Canadian Wildlife Service (CWS) 34-5, 40 Cannon, Lawrence 48 capital punishment 94, 101, 286 CAQ see Coalition Avenir Québec Carr, Adriane 243 Carter presidency official position on Quebec situation 198–200 Catholic Insight (magazine) gay rights controversy 112 cattle industry, Canadian outbreak of mad-cow disease 258–9, 291 Caza, Tracy Lloyd 91 CBSA see Canada Border Services Agency Cellucci, Paul 5, 52 CF see Canadian Forces Charbonneau Commission 186, 197, 210, 271 Charest, Jean 118, 120, 180, 181, 185, 192–3, 197, 247 Charlottetown Accord 190, 201 Chertoff, Michael 20 Chicoutimi accident 150 Chinese immigration to Canada 65 Chrétien, Jean 85–6, 88, 97, 140, 144–5, 173, 189, 191, 192, 195–6, 222–3, 232, 239–40, 248, 291 and Bush Jr. relationship 290–1 and Clinton relationship 290 Christopher, Warren 203 civil aviation agreement, U.S.-Canada see Open Skies agreement, U.S.-Canada Clark, Christy 220, 237, 239, 243

324 ALTERNATIVE NORTH AMERICAS Clark, Glen 237, 240, 242 Clark, Joe 28, 121–2 Clinton, Bill and Chrétien relationship 290 and Mulroney relationship 289–90 see also Clinton presidency Clinton, Hillary 20, 49 Clinton presidency official position on Quebec situation 201–5 Coalition Avenir Québec (CAQ) (Coalition for the Future of Quebec) 181, 185 ConocoPhillips 29 conscription in Canada 138, 142 Conservatives (Alberta) see Progressive Conservative Association of Alberta Conservatives/Conservative Party of Canada (CPC) 2000 federal elections 222–3, 225 2004 federal elections 223–5 2006 federal elections 226 2008 federal elections 226–7 2011 federal elections 227–8, 240 “Canada First” defense budget 153–4 implementation of goods and services tax 268–9 U.S.-Canada relations under 274–6 “notwithstanding” clause 245 proposals for revisions vis-à-vis Quebec 189–90 Copps, Sheila 269 Couillard, Philippe 197 court system, Canadian see judicial system, Canadian CPC see Conservatives/Conservative Party of Canada crime in Canada capital punishment 94, 101, 286 and punishment 80–1, 90–1, 286–7 rate of 79–80 Crosbie, John 121-2 CSIS see Canadian Security Intelligence Services Currie, Sir Arthur William 143 Cutler, Lloyd 28 CWS see Canadian Wildlife Service

Dallaire, Roméo 144, 275 Day, Stockwell 222, 225, 283 and Harper compared 232–6 defense see also headings beginning military ...

325 ALTERNATIVE NORTH AMERICAS defense budgets, Canadian 2005 153 2006 153–5 imperatives of 171–2 defense industrial cooperation, U.S.-Canada 158–9 defense ministers, Canadian 152–3 defense relationship, U.S.-Canada cooperation 157–60 future of 175–8 status of 172–5 Department of National Defense (Canada) 152 Derwinski, Edward 28 Despres, Gregory 98–9 De Valk, Alphonse 112 Dion, Stéphane 111, 120–1, 196, 225, 246, 248–9, 269 diplomatic service, Canadian bilingual capability within 125 Dix, Adrian 242–3 Dixon Entrance and Seaward boundary dispute 31–2 solutions to 39–40 Dosanjh, Ujjal 237, 238, 240 Duceppe, Gilles 148, 182–3, 184, 208 Ducros, Francine 5 Dumont, Mario 181 Dziekanski, Robert 86–7

earned parole 92 economy of Alberta 215–17 of British Columbia 244–5 of Canada 252–3, 259–60 of Quebec 210–11 Edwards, Jim 120 elections see federal elections Elliot, William 88 Emerson, David 240 energy boom in Alberta 215–16, 220 Liberal policy on 279 National Energy Program of Canada 221, 247, 261, 279 NDP policy on 279 oil and gas potential in Arctic 49–50 oil and gas potential in Beaufort Sea 29, 30, 39 oil pipeline battles 215–16, 244 oil royalty payments 216 U.S. reliance on Canadian energy 261

326 ALTERNATIVE NORTH AMERICAS Energy East Pipeline 215, 263 English language in Canada see bilingualism in Canada environmentalism and Alberta 231 equalization payments and Alberta 220–1 equidistance 29 extradition 75, 95, 98–101 Ezokola, Rachidi Ekanza 71–2

F-35 fighters controversy over Canadian purchase of 154, 159, 172 federal elections 2000 222–3 federal elections 2004 223–4, 240 federal elections 2006 226 federal elections 2008 226–7 federal elections 2011 227–8, 240 and Quebec sovereignty issue 182–4 firearms registry, Canadian 230–1 firewall letter see Alberta Agenda First Nations and Canadian law and order 83–5 fisheries jurisdiction Dixon Entrance dispute 31–2 Gulf of Maine dispute 27 fishing rights dispute, U.S.-Canada see Pacific salmon fishing rights dispute foreign policy, Canadian 2005 Liberals statement 153 prospective directions under Liberals, and U.S. concerns 279–83 Foreign Service, United States language policy 134–5 France maritime boundary dispute with Canada 27–8 free speech restrictions in Canada 8, 81–2, 105–6, 287 French language domination in Quebec 126–30 see also bilingualism in Canada

gay rights 112 Goddard, Nichola 152 goods and services tax (GST) (Canada) 268–70 government spending Canadian perspective on 270–1

327 ALTERNATIVE NORTH AMERICAS The Great Lakes Water Quality Agreement 43–4 Great Recession in Canada 259–60 Green Party of British Columbia 243 Green Tax Shift 221, 243, 248–9, 277, 279 GST see goods and services tax Gulf of Maine boundary dispute 24, 27 Gut Dam damages 42–3

Hagel, Chuck 147 harmonized sales tax (HST) 239 Harper, Stephen 5, 22, 48, 120, 121, 153, 173, 194, 221, 223, 226, 228, 232–5, 236–7, 248, 262 and Bush Jr. relationship 292 and Day compared 232–6 and Obama relationship 292–3 hate speech in Canada 81–2, 106–9 and human rights tribunals 109–13, 287 Hillier, Rick 144, 151, 153, 176, 280 Hinzman, Jeremy 76, 100 Holocaust denial 108–9 Homolka, Karla 90–1 HST see harmonized sales tax Hughey, Brandon 76, 100 human rights in Canada 7–8, 11, 102–3 human rights tribunals, Canadian 109–13, 287 human smuggling into Canada 65–6 human trafficking into Canada 65

ICJ see International Court of Justice “Idle No More” protest movement 84–5 Ignatieff, Michael 121, 195, 196, 227, 249 IJC see International Joint Commission illegal immigration and immigrants 64–5, 285 and Canadian court system 67–73 immigration and immigrants Bill C-4 66 Canada’s need for 55 Canadian attitude towards 59 Canadian statistical figures 54–5, 61 frauds 63–4 inadequacy of Canadian practices 7, 54 introduction of economic-focused immigration system by Canada 62–3 language requirements in Quebec 128 U.S. attitude towards 59 see also illegal immigration and immigrants

328 ALTERNATIVE NORTH AMERICAS Immigration and Refugee Board (IRB) (Canada) 68, 72, 76 Imona-Russel, William 72 individual action as solution to border disputes 37–8 inland waters disputes, U.S.-Canada 42–4 internal security, Canadian lapses and failures 85–6 weaknesses in 16–17 International Convention on the Law of the Sea 49 International Court of Justice (ICJ) 26, 27, 33–4 International Joint Commission (IJC) 42, 52 international security Canadian participation 10–11 see also Afghanistan IRB see Immigration and Refugee Board

Jacobson, Roberta 206–7 James, Carole 242 Jay Treaty (1794) 42 Jedwab, Jack 59, 67 Jones, Terry 114–15 Johnson, Daniel 182, 190 Juan de Fuca Strait’s Seaward Extension dispute 32–3 solutions to 41 judicial system, American 104–5 judicial system, Canadian 103–4, 105 and illegal immigration 67–73 and language competency 132–3 see also law and order, Canadian “just in time” immigration system 62

Kennedy, Edward 19, 35 Kennedy, Gerard 76–7 Kennedy, John F. 144, 148, 172 Kenney, Jason 66, 67, 72 Kerry, John 4, 118, 147 Keystone XL Pipeline 215, 216, 261–3 Khadr, Abdullah 99–100 Khadr, Omar 96, 156–7, 236, 283 King, William Lyon Mackenzie 122, 142–3, 157 Kinsella, Warren 232, 246

329 ALTERNATIVE NORTH AMERICAS Klein, Ralph 218–19, 220, 224, 228, 229–30, 248 Korea/Koreans Canadian military action in 139 immigration to Canada 65 Kwan, Jenny 242 Kyoto Protocol Alberta’s reservations against 231, 247–8

LaGuardia, Fiorello H. 158 Landry, Bernard 104, 181-2, 193, 202, 210 language policy of Belgium 135–6 of Canada see bilingualism in Canada of U.S. 133–5 law and order, Canadian 78–9 enforcers of see police, Canadian and international justice 98–101 and multiculturalism 82–5 resistance to efforts to toughen criminal law 91–2 and self-defense 93–4 and U.S. justice 94–8 see also judicial system, Canadian Layton, Jack 121, 148, 183, 227 Legault, François 185 Levant, Ezra 111 Lévesque, René 189 Liberals (British Columbia) see British Columbia Liberal Party Liberals/ 2000 federal elections 222–3, 225 2004 federal elections 223–5, 240 2005 foreign affairs policy statement 153 2006 federal elections 226 2008 federal elections 226 2011 federal elections 227 domestic policy of 277–8 and firearms registry debate 230–1 and goods and services tax 269 history of failure in Alberta 221, 248–9 National Energy Program implementation 221, 247, 261, 279 opposition to Meech Lake Accord 189 personalized attacks on U.S. activity 5 prospective foreign policy of, and U.S. concerns 279–82 prospective U.S.-Canada relations under 276–7, 278–9, 282–3 see also “Sponsorship” scandal Liberals (Quebec) see Parti Libéral du Quebec Lougheed, Peter 247 lumber industry, Canadian see Softwood Lumber Agreement

330 ALTERNATIVE NORTH AMERICAS McCain, John 5, 147, 282 McGuinty, Dalton 224, 247, 248 Machias Seal Island dispute 33–5 solutions to 40–1 MacKay, Peter 153, 174, 182, 223 McKenna, Frank 5 MacKenzie, Lewis 144, 275 Maclean’s (magazine) Canadian Islamic Congress complaint 111-12 MacPhail, Joy 242 mad-cow disease see bovine spongiform encephalopathy Manning, Preston 121, 202, 232, 233 maritime boundary disputes Canada-France 27–8 U.S.-Canada 27, 28–35 U.S.-Canada, solutions to 35–41 Marois, Pauline 181, 182, 183, 184–5, 186, 193 Martin, Keith 110–11 Martin, Paul 175, 177, 223–4, 226, 248 and Bush Jr. relationship 291–2 Meech Lake Accord 189 Middle East prospective Liberal/NDP policy towards 281–2 military see also headings beginning defense ... military, American societal composition of 145–6 military, Canadian see Canadian Forces military cooperation, U.S.-Canada 157–60 military deserters, American 75–6, 99–100 extradition issue 100 military reserves, Canadian 167–9 missile defenses Canadian nonparticipation 175 Mohammad, Mahmoud Mohammad Issa 72 Mont-Tremblant Codicil 204–5 Mugesera, Leon 71 Mulcair, Thomas 148, 182, 227, 247 Mulroney, Brian 4, 46, 88, 118, 189–90, 200, 228, 273 and Bush Sr. relationship 289 and Clinton relationship 289–90 multiculturalism and Canadian law and order 82–5

331 ALTERNATIVE NORTH AMERICAS NAFTA (North American Free Trade Agreement) 38, 255, 257–8, 263, 267 and independent Quebec 207, 210, 211 and Liberals 278 and NDP 278 National Resources Mobilization Act (1940) 142 national unity, Canadian federal strategies for 188 and practice of bilingualism 131–2 and U.S. 286 U.S. official position on 197–207, 211–13 and World Wars 141, 143 see also Quebec sovereignty NATO (North Atlantic Treaty Organization) “burden sharing” principle 165–6 Canadian participation and contribution to 156, 158 National Energy Program (NEP) 221, 247, 261, 279 navy, Canadian operational status of submarines 150, 154–5, 171 NDP see New Democratic Party NEP see National Energy Program Netanyahu, Benjamin 82 New Democratic Party (NDP) and Alberta 227, 248 and American deserters 76 allegation of insider trading 88 Middle East policy 281–2 prospective U.S.-Canada relations under 276–7, 278–9, 282–3 and Quebec 183, 184 Quebec sovereignty policy 196 see also British Columbia New Democratic Party Nicholson, Rob 153 NORAD (North American Aerospace Defense Command) 157, 159–60 North American Aerospace Defense Command see NORAD North American Free Trade Agreement see NAFTA North Atlantic Treaty Organization see NATO Northern Gateway Pipeline 215, 244, 263 Northwest Passage 7, 25, 45–6, 274 Canadian claims over 46–7 economic and commercial potential of 48–50 legalities of 47–8 U.S. position on 50–1, 52, 284

Obama, Barack 5–6, 22, 147, 173, 215–16, 262, 282 and Harper relationship 292–3 Obama presidency official position on Quebec situation 206–7

332 ALTERNATIVE NORTH AMERICAS The Office de la Langue Française (OLF) 128–9 The Official Languages Act (1969) 123 Ogdensburg Agreement 157 oil and gas see energy Oka crisis (1990) 83 OLF see The Office de la Langue Française Ontario 2000 and 2004 federal elections 222 Abdullah Khadr case 99–100 First Nations and law and order 83–5 Human Rights Commission 110, 112 Open Skies agreement, U.S.-Canada 255–6 Oregon, Treaty of (1846) 32

Pacific salmon fishing rights dispute 258 in Canada 162–3 pardon for criminal offences 90–1 Parizeau, Jacques 104, 189, 190–1, 192, 211 Parrish, Carolyn 5 Parti Libéral du Quebec (PLQ) () 180, 190 Parti Québécois (PQ) 180, 181–2, 184–5, 186, 189, 190–1, 192–3, 209–11 Paulson, Bob 88 peacekeeping Canadian commitment and contributions to 164–5 prospective Liberal policy 280–1 Pearson, Lester 122, 144, 164, 254, 285 Pembina Dike and Devils Lake dispute 43 perimeter security 6–7 negotiation challenges 22–3 proposal for 163–4 prospective Liberal policy 282–3 Permanent Joint Board on Defense (PJBD) 157–8 personal information protection privacy issue, Canadian concerns 16, 18–19, 23, 271 Pettigrew, Pierre 47 Phelan, Michael 73–4 Pines, Robert 28 PJBD see Permanent Joint Board on Defense PLQ see Parti Libéral du Quebec Point Roberts (Washington) 13, 32

333 ALTERNATIVE NORTH AMERICAS police, Canadian allegations of inaction during Six Nations land dispute 83–4 use of force 89–90 see also Royal Canadian Mounted Police political asylum 16–17 see also refugees; Ressam, Ahmed political leaders, American 273 and military service 144, 147 political leaders, Canadian and military service 143–4, 147–8 politics of Alberta 2000 and 2004 federal elections 224–5 2006 federal elections 226 2008 federal elections 227 2011 federal elections 227–8 “firewall” letter 228–30 issues 220–1, 247–9 premierships 217–20 politics of British Columbia Greens 243 NDP years 241–3 overview of 237–40 see Quebec sovereignty PQ see Parti Québécois Progressive Conservative Association of Albertadominance of 217–20 pro-natalist policy 56–8 provincial autonomy 245–6 public services, Canadian bilingual capability within 125–6 punishment in Canada see crime in Canada

Quebec 9 attitude towards World Wars 141–2 economy of 210–11 exclusion of “separatist” judges from federal system 104 federalism in 195–7 immigration to 59–60 language policy 117, 127–31 opposition to conscription 142 opposition to overseas military service 143 The Quebec Situation: Outlook and Implications 198–9 Quebec sovereignty 1995 referendum 188–93 and 2011 federal elections 182–4 effects on U.S. 209–12 overview 179–82 post-2011 federal elections 184–6 Quebec nation 191, 193, 194–5, 197, 226–7 unresolved issue of 187–8

334 ALTERNATIVE NORTH AMERICAS radio frequency identification (RFID) in identification documentation 21–2 RCMP see Royal Canadian Mounted Police Reagan presidency official position on Quebec situation 200 Reagan, Ronald 46–7, 97, 133 “Reasonable Accommodation” Commission 186–7 Redford, Alison 216, 217, 218, 219–20 121, 222, 232 refugees and Canadian processing and adjudication system 70–3 claimants 65–6, 68–70, 98 Remembrance Day 146–8 residency rules violation of 74–5 Ressam, Ahmed 11, 15, 16, 156 RFID see radio frequency identification Robinson, Svend 240 Roosevelt, Franklin 157 Roosevelt, Theodore 287 Royal Canadian Mounted Police (RCMP) institutional, attitudinal and bureaucratic issues 85–9 proposal for replacement in Alberta 229, 230

“safe third country” 73–4, 101 Saint Regis Mohawk Reservation (Akwesasne) 42 San Juan Islands boundary dispute 26 San Miguel and Miquelon boundary dispute 27–8 Scott, Douglas 86 second language acquisition 118–22 incentives for 122–3 security see airline-related security; border security, U.S.-Canada; internal security, Canadian; international security security threats post-9/11 14–19 self- 113–15 self-defense under Canadian law 93–4 separatism Alberta 221–2, 229, 250–1 Canadian West 221–2, 250–1 Quebec see Quebec sovereignty

335 ALTERNATIVE NORTH AMERICAS Shell 30, 39 Smith, Danielle 217, 218 Smith, Ronald Allen 95 social issues (Canada) 7–8 see also bilingualism in Canada; crime in Canada; human rights in Canada Sofaer, Abraham 28 Softwood Lumber Agreement (2006) 245, 256–8 Spearchief, Keegan 93 Spence, Theresa 84–5 “Sponsorship” scandal 88, 196–7, 223 statutory release 92 Steer, Walford Uriah 67 Stelmach, Ed 216, 217, 219, 230 Sterk, Jane 243 Steyn, Mark America Alone 111–12 Storseth, Brian 111 Stronach, Belinda 122

Tamil Tigers immigration to Canada 65–6 taser use 86–7, 89–90 taxes and taxation see goods and services tax; Green Tax Shift; harmonized sales tax Taylor, Charles 186 technical expertise of immigrants question of validation of 63 technology use in translation 136 in travel documentation 21–2 terrorism and terrorists Canadian attitude towards 6, 11, 16–17, 20–1, 148, 149, 175, 282–3, 291 and Canadian refugee process 72 U.S. views 14–19, 156–7 see also Khadr, Abdullah; Khadr, Omar; Ressam, Ahmed Tillman, Pat 150 Toews, Vic 23 trade relations, U.S.-Canada 263–4 travel documentation Canadian concerns 21–2, 282 U.S. requirements 20–1 Trudeau, Justin 84, 148, 182, 196, 197, 227, 236–7

336 ALTERNATIVE NORTH AMERICAS Trudeau, Pierre 11, 118, 121, 131, 144, 172, 189, 227, 285 “Truth in Sentencing” bill 91–2

unemployment in Canada 60 United States (U.S.) attitude towards immigration 59 Canadian immigration, problem for 75–7 and Canadian law 94–8 Canadian perception and criticism of 3–6, 10 concerns about Canadian defense 155–7 effect of mad-cow disease outbreak in Canada on 258–9, 291 effect of Quebec independence on 209–12 energy needs 215–16 investment in Canada 264 perception of Canada 10–11 position on Canadian Arctic sovereignty 48–51 position on Quebec nation 197–207, 211–13 reliance on Canadian energy 261 resentment towards Canada 177–8 security threat perception 14–19 United States-Canada Automotive Products Agreement see Auto Pact (1965) United States-Canada relations “benign neglect” 272–3 current overview 288–9 negotiating tactics of Canada 253–4 prospective directions under Liberals/NDP 276–7, 278–9, 282–3 under Conservatives 274–6 see also specific areas e.g.defense relationship, U.S.-Canada U.S.-Canada Safe Third Country Agreement 73–4 use of force in Canada 86–7, 89–90 U.S. Fish and Wildlife Services 35, 40

Vance, Cyrus 199–200 Veterans Day 146–8 violence during Six Nations land dispute 83–4 see also terrorism and terrorists Volpe, Joe 4 volunteer military, Canadian in World Wars 142 voter identification 271

war casualties Canadian reaction to 149–50 water resources Canadians’ perception of their 266–8

337 ALTERNATIVE NORTH AMERICAS Western Canada and need for federal political restructuring 250 problem for 245–6 and question of separatism 221–2, 250–1 see also Alberta; British Columbia Western Hemisphere Travel Initiative (WHTI) 20 Western Standard (magazine) Mohammad cartoons controversy 111, 114 Western United States perception of alienation 249–50 WHTI see Western Hemisphere Travel Initiative Wildrose Party of Alberta 216, 217, 218 Wilkins, David 48 Williams, Danny 151, 209 Wilson, Gordon 239 World Wars Canadian military participation and contributions in 137–9

Yukon Act (2003) 30

338 ALTERNATIVE NORTH AMERICAS