C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 12 CONTENTS

An Endless Cycle Of Despair PAGE 1 Brian Giesbrecht No one will disagree that there’s something terribly broken with Indigenous child welfare in Canada. But is the solution for the rest of the country to give up caring about native children altogether? That’s the plan behind new federal legislation that aims to “fully Indigenize” child welfare services. Drawing on his own deep experience with the tragic consequences of the current system, former provincial court judge Brian Giesbrecht reveals why Ottawa’s new approach will simply perpetuate Canada’s long history of failure to protect native children from the real causes of family dysfunction.

The Commissioner Of Canada Elections Vs. : A Faux Pas De Deux PAGE 8

Grant A. Brown Secret video recordings. Former counter-terrorism policemen interrogating a lone journalist over his recent book and promotional lawn signs. Insults and accusations of bullying. Potentially draconian fines and even jail time over spending $501 or more on a perfectly legal service that thousands of businesses use daily. Grant A. Brown chronicles Act I of the tragicomic battle between free speech warrior Ezra Levant of and the Commissioner of Canada Elections – and warns that free speech rights for all of us are again under threat.

A Political Giant Passes the Torch PAGE 13 Paul Stanway The expression “he’s earned his retirement” could have been written for . The party-founding Canadian political original, onetime Leader of Her Majesty’s Loyal Opposition, prolific author and tireless public affairs commentator has accomplished enough for any five regular folks. He’s nearly 78, has grandchildren, a ranch and loves to ride horses. But with distant echoes of the early Roman republican Cincinnatus or the late Roman emperor Diocletian, crises of the state and confusion among the citizenry press upon him. So Manning finds himself doing double-duty as the most politically experienced member of ’s Fair Deal Panel and launching a nationwide tour to promote his new book aimed at the current problems of democracy and in Canada. Paul Stanway reviews.

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Each month, C2C Journal prepares a selection of its best articles for publication in this easy-to-read, printer-friendly layout published by PressReader. For our complete lineup of stories, please visit c2cjou rnal.ca An Endless Cycle of Despair

By Brian Giesbrecht

ester Desjarlais had a short and difficult hanged himself in his own backyard. The details of Lester’s life and Llife. Born on the troubled Sandy Bay Sadly, only in death did Lester receive death revealed a shocking picture of Reserve in Manitoba’s Interlake district, the attention he deserved in life. A incompetence, corruption and neglect at by the time he died at age 13 Lester had provincial inquiry into the circumstances Sandy Bay. Lester’s entire file at DOCFS’s been abandoned several times by his of his suicide was called and, as a offices mysteriously disappeared, never to mother, habituated to underage drinking, Manitoba provincial court judge at the be recovered. The tribal chief interfered gas-sniffing and petty theft and repeatedly time, I was asked to preside. The results with the local police investigation into assaulted, both physically and sexually. He are as shocking today as they were three Lester’s death – in fact the “bogeyman” was once tied to a post in a schoolyard and decades ago. who had violated Lester so disturbingly in sodomized by a local child molester known The inquiry was scheduled to last the schoolyard was later revealed to be the as the “bogeyman.” one day. But as the evidence piled chief’s brother. A local teacher was also

The cumulative effect of the Liberals’ Bill C-92 will be to completely estrange native children from the norms, expectations and regulatory oversight that exist for all other children in Canada. We will soon have two entirely separate child welfare systems: one for native kids, and one for everyone else.

As a result of his mother’s severe up regarding the egregious failure of alleged to have sexually assaulted Lester alcoholism and dysfunction, Lester had everyone connected to Lester to protect at school. Not only was this complaint been apprehended several times by him from harm – his family, the Sandy Bay ignored, but it turned out this teacher Dakota Ojibway Child and Family Services community and its leaders as well as local was previously stripped of his teaching (DOCFS), an Indigenous-run child welfare and provincial child welfare authorities − certificate due to sexual offences against service. It was in 1988 while living at his it became obvious more time would be children at another school in B.C. When third foster home in two years as a ward required. The hearings eventually lasted presented with this information, the school of DOCFS that Lester, severely depressed 40 days over two years, with testimony board chose not to fire him, but merely from the multiple traumas of his brief life, from 62 witnesses. reclassified him as “consultant.”

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 12 Judge Brian Giesbrecht’s inquiry into the death of Lester Desjarlais revealed a shocking tale of neglect, incompetence and corruption on the Sandy Bay Reserve; it also argued against further devolution of native child welfare.

As the inquiry’s scope broadened, many and families marks the first direct federal to create its own individual standards and other witnesses came forward from other involvement in native child welfare in mechanisms. And those services will be reserves to testify about similar situations over half a century. With this new law, provided almost entirely by Indigenous of child abuse, neglect and a smothering which came into effect at the beginning of agencies such as DOCFS. Most code of silence. Lester Desjarlais was not January, the scope of devolution will be significantly, it will become much more an isolated case. “The problem of sexual greatly expanded. In order to claim the difficult – perhaps impossible in many abuse on Indian Reserves is a problem of native child welfare system has been fully situations – for any agency to apprehend epidemic proportions,” I wrote. “Children Indigenized, the Trudeau government will native children from dysfunctional homes are victimized first by abusers, and then now allow every First Nation in the country and place them in protective foster care. by the very institutions that are expected All such cases will now be subject to a test to protect them.” of “cultural continuity”, a new criterion not A major contributing factor in Lester’s applicable to children elsewhere in the death, I concluded, was the recent policy country. The cumulative effect of these of “devolution.” For reasons of political new requirements will be to completely expediency, the provincial government estrange native children from the norms, had shifted responsibility for child welfare expectations and regulatory oversight that services onto fledgling local Indigenous exist for all other children in Canada. We agencies such as the DOCFS. Yet these will soon have two entirely separate child organizations lacked the competence and welfare systems: one for native kids, and experience to carry out their appointed one for everyone else. tasks, especially when doing so prompted However virtuous it may sound to pushback from reserve leadership. With all have fully off-loaded native child welfare this before me, I called for a stop in further onto Indigenous responsibility, Ottawa’s devolution until it could be established that latest move will almost certainly make Indigenous children were not being put in things worse for native children at risk. harm’s way. Instead, devolution continued Indigenization of child welfare cannot apace. be considered a real fix, but rather a Now, it’s about to get much worse. Last cultural fig leaf – a way to cast blame on year, prior to the federal election, the non-Indigenous Canada and colonialism Liberals passed controversial legislation while ignoring other, far more serious remaking Indigenous child welfare across and pressing pathologies at work. By Lester Desjarlais’ life story is movingly told in the Canada. Bill C-92 An Act respecting First 1998 book Flowers on my Grave by Ruth Teichroeb. overlooking the true causes of the Nations, Inuit and Métis children, youth Indigenous child welfare tragedy in favour

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 2 of a convenient political narrative, Alongside a variety of we do a grave disservice to administrative shifts allowing Indigenous children. The rest of for greater Indigenous control Canada should brace itself for over child welfare, the bill’s more heartbreaking stories like most significant item is adding a that of Lester Desjarlais. new duty of “cultural continuity” to the familiar tension between A complicated and sensitive social the best interests of children and undertaking the rights of parents in deciding whether a child should be Since the 1960s Ottawa apprehended. Such a communal has largely left the delivery obligation to Indigenous culture of Indigenous child welfare is designed to make it far more services to the provinces. Bill difficult for anyone – Indigenous C-92, pushed through in the Fully Indigenizing child welfare: The federal Liberal government announces the authorities included – to remove passage of Bill C-92 last June; the new law took effect in January 2020. run-up to last year’s federal children from dysfunctional election, thus marks a dramatic shift, with to recognize the real forces behind these homes, particularly in favour of a stable Ottawa now setting national standards statistics. Instead of taking a hard look at home off-reserve. While this might reduce all provinces must follow. This has the realities of Indigenous child welfare, the number of children in foster care, it spurred predictable complaints from the and why the Lester Desjarlais case is, won’t necessarily make their lives any provinces over new spending obligations tragically, far from unique, the federal better. That’s because the overwhelming as well as federal intrusion into an area government prefers to blame all current reason for the dysfunction – the high rate of provincial responsibility. has problems in the native file on the lingering of alcohol and drug abuse on reserves – is announced it will challenge the new damage of colonialism. The preamble to ignored. law’s constitutionality, while Manitoba’s the legislation, for example, references the While some have family minister has decried the lack of “harm, including intergenerational trauma, implemented policies to deal with alcohol prior consultation and calls the changes caused to Indigenous peoples by colonial and substance abuse in a responsible “unacceptable.” Lost within these manner, binge drinking and interjurisdictional disputes, however, alcoholism among Indigenous is the question of what the changes people remains a serious issue will mean for some of Canada’s on and off reserve. In the long- most vulnerable children. ago past, this received substantial Child welfare is among the attention from white and native most complicated and sensitive authorities alike. During the 1873 of all government social welfare treaty negotiations with North-West functions, balancing as it does Territory Lieutenant-Governor parents’ rights to raise their own Alexander Morris, for example, children with society’s obligations Ojibway chiefs in Northwestern to protect children at risk. This Ontario explicitly asked that “no task is made all the more difficult ‘fire-water’ should be sold on their by complicating factors such as reserves.” Morris complied. The poverty, unemployment, addiction also once banned the and isolation – all of which are sale of alcohol to First Nations. More common on many First Nations recently, the impact of alcoholism Former Crown Prosecutor and Indigenous writer Harold Johnson argues reserves. According to the 2016 that addiction and FASD are central to understanding family dysfunction on on reserves has been dealt with in Census, Indigenous children make reserves. detail by several noted Indigenous up 7.7 percent of all Canadian children policies and practices.” The proposed writers, including Calvin Helin and Harold aged 0-14, yet account for more than remedy is to deliver full responsibility for Johnson. half of all children in foster care in private child welfare to individual First Nations. A Woodland Cree from homes. Such an imbalance demands A washing of hands, so to speak. This and a Crown prosecutor for many years, attention from all Canadians. It is a national ignores the lessons offered by this Johnson makes the provocative claim embarrassment. country’s long and complex history of that half the Indigenous people known Unfortunately, Ottawa’s new bill fails native child welfare. to him locally have died, either directly

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 32 or indirectly, from and a death toll from alcohol abuse. “I accidents and violence can’t stay silent any in which alcohol was longer. I cannot with inevitably the decisive good conscience factor filled the pages bury another relative,” of the small town he writes in his 2016 papers,” Fry writes book Firewater: How of his experience on Alcohol is Killing my reserves. He criticizes People (and Yours). white authorities for “I cannot watch any their paternalism longer as a constant as well as native stream of our relatives leaders for their come into the justice inability to control the system because of rampant alcoholism the horrible things destroying their own they have done to communities. each other while Ottawa’s intrusion into native child welfare is complicated by the new requirement of “cultural continuity.” Lacking formal they were drunk. The means to apprehend suffering caused by alcohol, the kids with None of this is intended as a cultural neglected children, agents such as Fry Fetal Alcohol Spectrum Disorder (FASD), or racial slur. Sober Indigenous parents relied on their own judgement to decide the violence, the poverty, the abandoned are as capable of providing outstanding which children needed to be removed from children, the mental wards and the care for their children as any other group, their families. John Siebert, a researcher emergency rooms, the injuries and the and addictive parents of other races are for the United Church, has similarly illnesses and the loss of hope and the similarly destructive to their children. observed that residential schools “were suicides have all piled up within me to the But widespread parental alcohol abuse used primarily for child welfare purposes point that I must speak.” on and off reserves, and the interrelated – that is to say, most of the children in the Johnson laments that the complicated pathologies of FASD, are scientific facts schools were sent there to protect them tragedy of alcohol abuse on reserves is and must be tackled head-on. Attempts from abuse and neglect in their family for cultural and political reasons generally to deal with these issues indirectly or by homes.” The 1967 Caldwell Report into avoided in official reports or media second-hand measures have only added conditions at residential schools found treatments. The 1996 Royal Commission to these problems. The historical record of that 80 percent of the students at eight on Aboriginal Peoples’ lack of attention is failure is clear. Saskatchewan schools were there due to particularly noteworthy. As Johnson notes, “a welfare need of the family.” however, FASD – brain damage caused From ad hoc use of residential schools to the The role of residential schools as by maternal alcohol consumption during Sixties Scoop flawed substitute for a properly functioning pregnancy – is central to the perpetuation child welfare system helps explain the of dysfunctional families on reserves. From the late 19th to the mid-20th experiences of many former students. It has been estimated that nearly two- century, when the now-reviled residential While not excusing the abuse or other thirds of Inuit women in Arctic Quebec schools were in full operation, it was problems that occurred within their walls, drink during pregnancy. A recent academic common practice for federal officials to it should be recognized that federal officials study identified five demographics in use these schools as a safe haven for were attempting to offer native children a which FASD is most prevalent worldwide. children who were not receiving proper form of state protection similar to what Indigenous children under the care of care at home. In many cases an Indian was available to non-Indigenous children welfare agencies lie at the intersection of Agent would contrive to protect children at at the time. This imperfect system came to several of these categories. FASD was risk by sending them to school. an end when the residential schools were also identified as a potentially significant A moving description can be found in phased out in the late 1950s and early factor in the Lester Desjarlais inquiry. Alan Fry’s novel How A People Die. While 1960s. Of course the problem of parental Contemplating a comprehensive solution using the tools of fiction, Fry’s book is alcoholism – and the need to protect their of Indigenous child welfare problems deeply informed by his work as an Indian children – did not disappear. without first recognizing the devastating Agent in rural B.C. throughout the 1950s The provinces filled the gap. Granted effects of FASD and parental alcoholism and 1960s. “Men fought with their wives, limited jurisdiction to provide some child seems inconceivable. families broke up, children were neglected welfare services on reserves in 1951, in

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 42 the 1960s they took over full responsibility. reads a report marked APPREHENDED, mom,” she writes. The tension between the Ontario signed an Indian child welfare dated 1974… doctrine of “cultural continuity” and the best agreement with Ottawa in 1965, Manitoba ‘Mother was single mother with chronic interests of a child is readily apparent in a year later. Now, for the first time, alcoholism and no means to adequately Clair’s story. Indigenous children were to be offered care for children as she was frequently As with the residential school system it the same care and protection as all other hospitalized due to drinking,’ reads an replaced, neither can the Sixties Scoop be children in Canada. entry from 1975, signed by another social judged an overall success. In his recent

Famed Indigenous singer Buffy Ste. Marie was born on a reserve and raised by loving adoptive parents in Massachusetts who encouraged her to understand and appreciate her ancestry. There was no racist or sinister plot behind the Sixties Scoop — and allegations of cultural genocide are entirely libellous.

Having taken on this responsibility, worker. ‘The house is so deteriorated that apology for Saskatchewan’s out-adoption however, provincial child welfare workers it is not possible to return the children at of an estimated 20,000 Indigenous children were often appalled by the conditions the present time.’” from the 1950s through the 1980s, premier they encountered on reserves. Part of Scott Moe admitted these children were this can be ascribed to culture shock, Clair goes on to describe how she “caught between two worlds.” Cultural but another significant factor was the was sexually abused by a “man from alienation and loss of familial connections high rate of chronic alcohol dependence my community.” Her sister was similarly had a severe impact on many. Yet it among Indigenous parents. Faced with must also be acknowledged that out- what they considered a pressing need adoption was another sincere attempt by to rescue children from problematic government officials to discharge their situations, provincial child welfare agencies duties towards neglected children. encouraged the large-scale adoption of And not every case can be judged a native children by non-native families, what failure. Famed Indigenous singer Buffy Ste. is now called “The Sixties Scoop.” Marie, for example, was born on a reserve A moving personal look into this era in the Qu’Appelle Valley of Saskatchewan can be found in a 2015 memoir by native and raised by loving adoptive parents in writer Annie Margaret Clair, Family secrets Massachusetts who encouraged her to after the Sixties Scoop. Clair, a Mi’kmaq understand and appreciate her ancestry. from the Elsipogtog First Nation in New There was no racist or sinister plot behind Brunswick, was a ward of the state from the Sixties Scoop – and allegations of age three; between 1973 and 1981 she cultural genocide are entirely libellous. lived in ten different foster homes off the Rather, it was a policy motivated by the real reserve. As an adult, she requested a copy The "Sixties Scoop" was a response by provincial need to rescue children from dysfunctional child welfare workers to chronic alcoholism and of her entire child welfare file in an effort dysfunction on reserves: Saskatchewan-born situations. And that need still exists. Indigenous singer Buffy Ste. Marie was adopted by a to piece together her childhood. As she family in Massachusetts. dramatically recalls: The Sixties Scoop devolves − literally and abused. She recalls that when she tried figuratively “I undo the papers from the stack and to talk to adults on the reserve about lay them out in chronological order. Month the attacks, “The first thing they’d say Out-adoption was eventually abandoned by month, year by year; it’s like laying out was: ‘Gepuniegsuwe!’ or Would you stop in favour of devolution as provincial child pieces of a puzzle, the full image of which lying!” Her mother later died in a house fire. welfare authorities relinquished most should be a version of a young me. “Growing up I was mad and angry at the of their authority over reserves to local ‘The children were left alone, mother has world. I didn’t like that I was taken away Indigenous agencies such as the DOCFS been gone five days and has not returned,’ from the love I could have gotten from my in Manitoba. As a sitting judge, I watched

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 52 as this policy unfolded in real time. wards. Meanwhile, FASD takes its toll on during previous eras. Advocates assured provincial reserves, generation after generation. When devolution began, it was common governments that as newly formed Many of the Indigenous organizations for Indigenous agencies to declare that no Indigenous agencies opened up and given responsibility for child welfare were native babies would ever be apprehended Indigenous leaders gained more control, initially incapable of protecting native kids. from maternity wards. Parental and cultural the old problems would ease. Appropriate Training and education among staff were rights would trump the rights of children cultural influence would inevitably reduce dramatically different from the provincially- at risk. This belief is further embedded in the number of children in care. Some run agencies and these problems were Bill C-92 through its “cultural continuity” even claimed chronic Indigenous welfare exacerbated by dysfunction and corruption requirement. Yet Indigenous child welfare problems would disappear altogether. I within other reserve institutions, including officials have lately come to realize that once expressed my skepticism to a highly school boards and local government, leaving a newborn baby with his or her placed welfare bureaucrat. He candidly, if as the Lester Desjarlais inquiry painfully mother can be so fraught with risk that naively, responded: “How could it possibly illustrated. Again, this is not a racially- immediate apprehension is the only safe be worse than the current situation?” motivated accusation; the size of many option. As it turned out, it could. To the story reserves’ polity leaves them especially That was the situation in the high-profile of Lester Desjarlais, we have added the prone to conflicts of interest and nepotism. G (DF) case, in which a Winnipeg-based equally tragic stories of Tina Fontaine, The problem of “small democracies” is Indigenous child welfare agency tried to Phoenix Sinclair, Serenity and Devon detailed in University of academic detain an addicted pregnant mother for treatment. She had previously given birth to several brain-damaged babies, yet Regardless of who is in charge, the root the ultimately decided that detention violated the causes remain: addiction, family breakdown mother’s rights and, hence, was unlawful. and poor community oversight. It has even The child, and many others since, was therefore consigned to a fate of painfully become common for Indigenous child low chances. welfare workers to be criticized for making After more than 30 years on the bench, it was clear to me that governments and the same difficult choices that federal and agencies have very little control over how provincial child welfare workers once made parents actually care for their children, or the eventual outcomes. Child welfare during previous eras. workers, Indigenous or non-Indigenous, are all motivated by a deep desire to do what is best for children under their watch. Freeman, to name just a few of the better- Tom Flanagan’s 2016 study Corruption and If a child has become a permanent ward of known entries from a long list of despair. In First Nations in Canada. the state, it is almost certain that his or her Manitoba, approximately 90 percent of the Today, staff at Indigenous-run agencies home life was thoroughly and irreparably province’s 11,000 children under the care are much better credentialed and the dysfunctional. Accordingly, the only way to of a child welfare agency are Indigenous, organizations more professional. After remedy the high number of native children either on or off reserve. The biological several decades of devolution, the care in foster care is to tackle the root cases. parents of these children are often provided to children at risk is now largely Family dysfunction on reserves is not the themselves products of an Indigenized equivalent to provincially-run child welfare fault of child welfare agencies. The blame child welfare system. agencies. Yet the statistics continue to lies with parents and their communities. And because off-reserve adoption has worsen. Indigenization alone is clearly not It is this difficult reality that the federal been so severely discouraged, many sufficient to remedy the massive problems government was trying to cope with using children are placed in temporary foster care facing Indigenous children. Regardless of residential schools, and the provinces with instead of with permanent families. This who is in charge, the root causes remain: the Sixties Scoop. Given the subsequent means that when they reach adulthood addiction, family breakdown and poor failure of devolution to remedy the they are often left to fend for themselves, community oversight. It has even become situation, it is impossible to imagine a without any reliable family supports. This common for Indigenous child welfare further push to sever native child welfare is one major reason why the majority of workers to be criticized for making the from the rest of the country will yield the homeless people on Winnipeg’s streets same difficult choices that federal and desired results. are believed to be former child welfare provincial child welfare workers once made

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 62 provided to children in the rest of Canada, is simply untrue. And blaming colonialism or other past injustices is a triumph of the victim narrative that will put more Indigenous children at risk. “If we allow ourselves to believe the victim story and we live by it, we become victims,” Harold Johnson writes in Firewater. “And victims can never fix their own situations.” Every Canadian should be deeply concerned about the welfare of Indigenous children, for every child in Canada Taxpayers are on the hook for an estimated $8 billion due to a controversial Canadian Human Rights Tribunal deserves the same opportunity to live, be ruling on native child welfare services last year. loved and to thrive. A new federal formula for failure Sowell once said: “Have we reached the ultimate stage of absurdity where some If Canada truly wishes to reduce the people are held responsible for things that number of Indigenous children in foster happened before they were born, while care – and all Canadians have a stake others are not held responsible for what in this outcome − we must start by they are themselves doing today?” emphasizing the importance of sobriety, While Ottawa has said it will appeal parental responsibility and family stability the tribunal ruling – a position reiterated, among all citizens. Instead, Ottawa has if somewhat reluctantly, by Trudeau chosen to place the blame for native child during last fall’s election campaign – the welfare failures on past injustices such as government is already making plans to colonialism and institutional racism. offer its own compensation package. An extreme manifestation of this thinking Given NDP leader Jagmeet Singh’s is the Canadian Human Rights Tribunal moralistic posturing during the campaign ruling that last September ordered Ottawa demanding that the full $8 billion be paid to pay up to $40,000 to each First Nations without question, combined with the child who was placed in foster care. political realities of a minority government, The same compensation is to go to any taxpayers should brace for impact. parents or grandparents whose children Want or grandchildren were taken away, and to What every child deserves kids who were refused essential services. The tribunal argues the government After an absence of many decades, to See deliberately underfunded child welfare the federal government is returning to services on reserves; had government the field of native child welfare. And its simply spent more money, it apparently solution to the manifest problems in this would have been unnecessary to remove area is based on dangerously flawed More? these children from their biological parents. thinking. Presenting further Indigenization The hard reality is that the tragedy of native as a cure-all assumes the system’s flaws child welfare is almost always a matter of to date have resulted from issues outside parental attention, not financial resources. native control. This is simply not true. At its Subscribe to The total payout required is estimated at a core, the Indigenous child welfare system our email list staggering $8 billion. is broken because so many Indigenous Beyond the sheer size of this amount, families are broken. Until this is recognized here. the underlying logic is perverse. Indigenous and confronted, it will be impossible to parents who properly cared for and raised make progress. their children, on or off reserve, will get Alleging it can be fixed by an nothing while the worst parents are in line administrative switch, or by excusing native for a fabulous payout. As the renowned communities from the duties expected of African-American social theorist Thomas households and the standards of care

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 72 of whether there was to be an election.” And “of course” subsection (e) allows “the transmission by an individual, on a non- commercial basis on the Internet, of his or her personal political views.” Phew! Individuals retain their free speech rights, such as they are. But we sure wouldn’t want anyone monetizing political commentary in competition with the approved, bought- and-paid-for media exempted in ss. (a). Anyone who knows Ezra Levant of Rebel News even a little bit will appreciate that these amendments to the Canada Elections Act constituted an irresistible red flag. Levant wrote a new book last year, The Libranos, and released it during the pre-election period. He then promoted it in a variety of ways, including by distributing lawn signs looking conspicuously like the kind political candidates litter the countryside with every few years. The The Commissioner of Canada Libranos (reviewed here by Barry Cooper in C2C Journal) darkly depicts Prime Elections vs. Ezra Levant: A Faux Minister and senior ministers on its cover. The inside is as Pas de Deux hard on today’s Liberals as one would expect Levant to be – that is to say, he says they’re just as bad as the old, 1980s By Grant A. Brown and 90s versions. It didn’t take official Ottawa long to notice. In a letter dated December 9, 2019, Rebel News was advised by the n December 2018, Parliament passed So Bill C-76 severely limits what third Commissioner of Canada Elections that it IBill C-76 into law by a vote of 257-0. A parties can spend, and forces them into was under “administrative investigation” for longstanding adage holds that mischief an arduous process of registration and the distribution of the lawn signs promoting is afoot whenever laws are enacted submitting filings with Elections Canada Levant’s book. The letter hints, without unopposed. And so it is with the Elections if they spend more than $500. Unlike the expressly stating, that Levant offended the Modernization Act. previous law, the new one applies not only Act by timing his book’s release to coincide The “modernization” includes more to the five-week campaign itself, but to the with the election period, and by spending stringent requirements on what might be two-and-a-half-month pre-writ period. For more than $500 on lawn signs to promote construed as election-period “advertising” any media outlet or politically interested the book without registering as a third party by so-called third parties. That is to say, organization that wishes to use its own with Elections Canada. Ostensibly, the by any Canadian who isn’t a professional money to get its message out, that is a Commissioner was responding to a public politician or lucky enough to own or write rather long time. complaint about Levant’s promotional opinion pieces for a legacy news media Exceptions to the prohibitions are found activities. The letter requested a meeting at outlet. Politicians of all stripes like to in section 2(1). Subsection (a) allows Elections Canada headquarters in Ottawa control the message, and never more so editorials, debates, speeches, interviews, to assist the investigation. than during an election period. They don’t columns, letters, and commentary. like pesky third parties queering their pitch Subsection (b) allows “the distribution of A faux pas de deux with inconvenient narratives, let alone a book, or the promotion of the sale of allow them to expend financial resources a book, for no less than its commercial Levant obliged “under protest” – after in the hopes their message will reach a value, if the book was planned to be splashing the news across the Rebel site wider audience. made available to the public regardless and summoning his supporters to figurative

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 82 Canadians still recoil against. The other has dedicated an array of bureaucratic resources to enforcing a law that is so whimsical, vague, self-contradictory and ultimately oppressive that some are comparing it to soft Stalinism. And so far, the enforcers seem to have identified just one target: Levant’s Rebel News. To official Ottawa, he must seem irresistible as Canada’s new "Lets-not-have-any-bothersome-third-party-political-debate-during-an-election" law: An excerpt from the Elections Modernization Act, unanimously passed by Parliament in December 2018. well. His enemies – and, when they’re not battle. Late last month he travelled to and a censor”, declares their investigation studiously ignoring him, mainstream media Ottawa and met with two investigators, who “unlawful” and “unconstitutional” and asks commentators – deride him as far-right, alt- were retired RCMP officers with 59 years whether one of them needs to step out “to right and even anti-Muslim. So among the of experience between them. According get permission from your mom” to release bien pensants, he’s an easy and obvious to Levant, they are both former terrorism the complaint. When one of them says he’s target. And his book did go after the prime investigators. They didn’t come off terribly not “the lead investigator”, Levant calls him minister, who was just re-elected. well: alternately defensive, dismissive “the sandwich boy.” He declares them and and evasive. Scowling one moment and the process “un-Canadian” and threatens The process is only part of the punishment – smirking the next, the investigators even to write “a chapter about you two fellas in the penalties are real looked and sounded eerily similar. The the next edition” of his book. duo seemed unready to do business, often Among the most revealing exchanges Some might well consider Levant’s futzing about shuffling papers, looking at is when Levant says, “I’m just asking you response to the Commissioner’s letter and their shoes or picking at their fingernails to confirm that not a single, other, loving behaviour during his interrogation to be as Levant spoke. They didn’t control the book of Trudeau is being investigated.” largely hyperbole, including inflated claims meeting, or get to the heart of the matter. The investigators, of course, do not answer about the nature of the investigation, the None of this would normally see the light – while revealing they know of “over 24 injustices of the process, and the direness of day. We know all this, however, because books that were published around that of the consequences, all in order to raise Levant secretly recorded the meeting, then period.” Denouncing Ottawa’s “bureaucrats funds and increase his profile as a freedom quickly posted it to the Internet (where it and their blackface boss”, Levant declares fighter. The Act’s penalties, however, are was promptly reposted on widely read U.S. that he will dedicate himself and all his no joke – and are all the more menacing sites) and had himself interviewed about guile and resources to “smashing this law.” for their vagueness. the experience on Rebel News. A half- Observers of the Canadian political In one place the Act specifies a hour portion of the secret recording can scene are witnessing a faux pas de deux: maximum fine of $2,000, three months’ be viewed here. a pair of characters stumbling around to imprisonment, or both. Elsewhere it reads It is vintage Levant. The investigators the amusement of partisans on each side. $5,000 plus six months. In still another seem flustered and bamboozled by Levant, Both are compromised and, at times, seem spot it talks about a penalty five times the who asks them more questions than the almost clownish. There is a deadly serious amount by which the accused’s expenses other way around. After they refuse to point behind this dance, however. exceeded the permitted amount. And that’s provide the original complaint against One party – the “third party”, as it were – just the beginning. If Levant violated the Rebel News, Levant denounces the is standing up for free speech rights but has Act with intent, he might face criminal “secret” document and theatrically refuses almost unquestionably broken the letter charges, exposing him to a fine of up to to disclose his own name, declaring it too of the new law – indeed, initially admitted $50,000, five years’ imprisonment, or both. a “secret”. He calls one of them “a bully to doing so. This is something millions of Canada’s Elections Act as amended

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 page 92 Publishing a book critical of the Trudeau Liberals is apparently allowed, publicizing it is not. The Libranos book cover (left) and the controversial lawn signs that got Levant into trouble. over the years is so convoluted and he would hang himself. Ottawa scoop, “No one will believe how duplicative, so scattered in its provisions, That they fell for Levant’s underlying bad [kangaroo courts] are unless they that it would be almost impossible for tactic is stunning. As cursory perusal of the see it with their own eyes.” (Of course, his the average layman to navigate. It isn’t public record would reveal, not only does interrogation wasn’t actually a trial just yet.) clear, for example, whether Levant’s case Levant seemingly live for these kinds of If one takes the investigators at their would be seen as a single overall event, fights, he loves using the unforgiving eye word, Rebel News stands accused of a subject to a single penalty. Arguably, of the camera to discredit overbearing mere “administrative offense.” This term Rebel News could face a separate fine authorities. Back in 2008 Levant insisted does not appear in the Act, however; for each unlawful act: not registering, not on video-recording the Alberta Human its use seems to suggest the criminal appointing a financial agent, not setting Rights Commission’s interrogation of provisions were not being invoked. Playing up a separate bank account, not filing him over his publication of the infamous psychological games with the “suspect” in reports. Pretty soon, you’re talking real “ Cartoons”, gaining so much this case is hardly called for. Why not just money. And any formal punishment comes public sympathy that the tables turned on come right out and ask for an admission on top of the time, stress and legal fees the investigators. of the key elements of the offense? It’s of mounting a defence, a situation others He’s also well aware of the U.S. not as though Levant is shy about defying have aptly described as, “The process is conservative activist James O’Keefe’s government speech codes. And why not the punishment”. Then again, it might also Project Veritas, which carries out just ask for the records you want Levant be a huge fundraising opportunity – not surreptitious recordings by undercover to turn over, or subpoena them, and get without some justification. journalists to expose nefarious activities. on with it? Bureaucracy will bureaucratize; but this (In this vein, Levant held back what Bureaucratic work expands to consume investigation reached absurd proportions he earlier this week before Levant even had time to hire was billing as “part lawyers. The Commissioner assigned two” of the secret no fewer than five people to the matter: recording, which he three lawyers and the two former RCMP promised contained investigators. A cynic might suspect these the “worst parts”.) two were eyeing retirement and took a job That our elections at Elections Canada to wind down their investigators failed careers with a few years of relaxed, easy, to anticipate a similar no-pressure bureaucratic work before move on Levant’s their overly generous public pensions part seems farcically kicked in. Maybe it was an act; maybe obtuse – but proved their investigative strategy was to appear highly enlightening for diffident and give Levant as much rope as the public. As Levant A rebel with no shortage of causes: Ezra Levant at work stirring the pot at he wanted to take, in the expectation that later declared of his Rebel News.

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 10 2 the budget allotted to it. Levant, for his part, strongly worded and makes a number of were defeated or the losing leader stepped was playing to the crowd. His complaints claims that have yet to be tested. down. about the process being a “Star Chamber Moreover, there is no difference that is illegal” seem exaggerated. He isn’t Another serious state encroachment on our of principle between releasing and being investigated for writing a book critical freedoms promoting a book about a political party or of Trudeau – not technically, at least. And leader during an election campaign, and on its face, he did break the law. Nor is The far more serious question underlying publishing a string of newspaper columns Levant entitled to know the identity of his this petty investigation is whether the law about a political party or leader during accuser; that legal right comes after one as it stands is an unconstitutional limit an election campaign. And such outlets has been charged. Different rules apply in to the Canadian Charter of Rights and are allowed to advertise their existence the investigation stage, throughout. The and perhaps Levant government-subsidized knows that. It’s not the CBC certainly doesn’t investigator’s job to go dark; nor the Globe explain or defend the and Mail. The exemption law. Further, unlike in in subsection (a) is his previous ordeal 12 much broader than years ago, due process that in subsection (b), appeared to be followed which is arbitrary and here. Levant was told discriminatory against he could have a lawyer book authors and present. publishers. Every author The odour of selective and every journalist enforcement hangs over should be concerned Not his first rodeo: A screen shot from Levant’s much-viewed video of his 2008 Alberta Human the affair, however. Rights Commission interrogation. with the overreach of Perhaps the seeming Parliament here – as inconsistency is simply because those Freedoms’ protection of free expression. should every engaged citizen. on the right don’t formally complain about The Act’s exception that is carved out for For smaller media outlets, including people on the left breaking an obtuse, books, and for the advertising of books, online ventures, the new law is a particular oppressive law that conservatives think seems too restrictive of the free exchange problem. On June 30 of last year – the shouldn’t be on the books to begin with. of ideas, as well as needlessly damaging start of the pre-writ period – C2C Journal Then again, how would we know? to content producers’ freedom to reach faced this very situation. The publication Earlier this week, Levant fired off a Canadians, and their freedom to take in decided to follow the law to the letter. The

That two former RCMP anti-terrorism sleuths with 59 years’ experience between them fell for Levant’s underlying tactic – the secret video recording – is stunning. As cursory perusal of the public record would reveal, not only does Levant seemingly live for these kinds of fights, he loves using the unforgiving eye of the camera to discredit overbearing authorities. lawyer’s letter to the Commissioner arguing whatever information interests them. Journal suspended promotional spending the probe was “irreparably tainted” by the From a purely commercial point of view, on articles that were not merely about the investigators’ conduct, which it alleged the best time to release and promote a election campaign, but that so much as had not followed due process protections, book about a political party or leader is mentioned any federal politician, party, law, and that Rebel News’ promotion of The right before an election campaign. No proposal, policy, event or controversy, even Libranos met the exemptions provided in writer would spend months researching one in which the primary subject matter the Act and, therefore, had not violated and writing such a book and time its was provincial or municipal. the law after all. Like nearly all of Levant’s release for just after an election, because It needs to be clear that Bill C-76 does public communications, the letter is no voter would be interested if the party not merely forestall new or additional

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 11 2 promotional spending. C2C Journal was law should not stand in any respectable already spending a certain amount to society. promote its full range of articles, including For these reasons, I think there’s a good chance the law under which Levant is being investigated will be struck down as an unreasonable limit on political speech in Canada. But it’s not certain. The Canadian judiciary is not a reliable defender of free speech; a judge might decide a “more nuanced” decision is better than a principled one. A court might well hold that the law against publishing a book to coincide with an election is unconstitutional, while upholding restrictions on how a book can be promoted during the period in question. Presumably, the analogous restrictions on Major Crimes Unit, Ottawa-style: Commissioner of other “third-party” outlets would also stand. Canada Elections Yves Côté assigned three lawyers That would be unprincipled and wrong; that and two former RCMP investigators to the case of Enjoy The Libranos lawn signs. doesn’t mean it can’t happen. The more important lesson in all of this is those about federal politics. The election- that, if you value freedom of expression, if period restrictions forced the publication you value freedom of the press – including your to reduce these activities. This even of non-traditional media – it is never a extended past election night, as the bad time to express your concerns over Journal needed to re-register with its social the limitations. It doesn’t matter how you media advertising vehicles. Perhaps this voted; all parties are to blame, for all of read? kind of thing is just what the governing them and all the MPs present supported party intended; it’s difficult to see every the current law. Former Conservative MP opposition MP feeling the same. (now People’s Party of Click here and sign Canada leader) is the only member to Bill C-76 is absurd at its heart express disapproval – but even he did not up for our email show up to vote against them. newsletter Like many other outlets, C2C also encountered the conceptual absurdity at And donate here the heart of the law. A media venture, think- to help us tell more tank, advocacy group or solo journalist or activist can spend any amount of money stories on producing content and running its business throughout the election cycle. It can hire staff, give them raises, buy computers, move to nicer digs, design a new website, and so on, without limitation. It can increase the amount of content it produces. It can even increase its pace of “free” communication, like e-mail blasts. And if that outlet is fortunate enough already to have a large, established audience, its influence could be significant throughout the election period. But try spending money directly to gain or grow your audience – even $1,000 – and you could end up in the slammer. Such a

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 12 2 A Political Giant Passes the Torch

By Paul Stanway

ver the past few months Canadian Do Something! (you can pre-order it on is a how-to guide for revitalizing Canadian Oconservatives have been inundated Amazon here) is clearly not intended to democracy and Canadian conservatism with advice on how to broaden their voter be a memoir, but it is a history of sorts, by somebody with enormous hands-on appeal, get “woke” and generally haul spanning Manning’s political education experience of both, at the provincial and themselves into the 21st century. Some of over six decades from his youth as the son national levels. it has even come from conservatives. Very of an Alberta premier (Ernest Manning of “What can be done to strengthen little has been as practical or insightful as the movement), to Opposition democracy and party performances in that contained in a new book by Preston the years going forward?” Manning asks Manning on the “realignment” of Canadian rhetorically in his introduction. “This

18.99 USD conservatismPRAISE FOR PRESTON and MANNING’S the overall DO SOMETHING! strengthening “A how-to for anyone who wants to make a difference” book endeavors$24.95 CAD to provide answers to

SOMETHING! DO –

of “ThisCanadian book is a ‘how to’ for democracy. anyone who has asked, ‘How can I make a difference?’ precisely such questions.” Each chapter Preston Manning has provided 365 practical, step-by-step calls to action for “Democracy in Canada is in Doregular Something! people who want to get involved 365 in their ownWays democracy.” You Can alsodeep trouble.” comes with a list of suggested –RONA AMBROSE, FORMER INTERIM LEADER OF THE –PRESTON MANNING StrengthenCONSERVATIVE Canada, PARTY isn’t OF CANADA. specifically about actions for the reader, and Manning

“Few leaders have done more to bring fresh talent into the democratic arena than Politicians, legislatures and parliament are widely thePreston Conservative Manning, and he’s not done Party’s trying! In this timely,current thought-provoking leadership explains their purpose: “These action book, he offers hundreds of ways that individuals can make contributions to the mistrusted. Canadians do not see their issues and political lives of their communities and the nation as a whole.” concerns reflected in the priorities of the people PRESTON MANNING served as a member of the Canadian contest or the state of Canadian unity in the lists are not presented merely for the Parliament from 1993 to 2001. He founded two new politi- –SENATOR LINDA FRUM elected to serve them. The rise of populism is one cal parties—The and the Canadian wake of last October’s election. But there symptom ofpurpose a crisis. Others are low ofvoter turnoutsstimulating discussion. They Reform Conservative Alliance—both of which became the “The 365 ideas in Do Something! set out a reform agenda that will inspire civic and an increasingly vicious public sphere. It is official opposition in parliament and laid the foundation for engagement for years to come!” time for Canadians to repair and strengthen their the present day Conservative Party of Canada. He is the is much here on the tensions between are accompanied by specific pleas for –IAN BRODIE, FORMER CHIEF OF STAFF TO PRIME MINISTER author of (1991), Think Big: My Adventures democracy. It is time to Do Something! in Life and Democracy (2002), and Faith, Leadership, and In this riveting and inspirational book, author Public Life (2017), and is the Founder of the Manning Centre what Manning calls “reactionary” and PRESTON MANNING the conservatively inclined reader to Do and parliamentarian Preston Manning calls on for Building Democracy. In recognition of his contributions “Preston Manning has thought more deeply for longer than almost anyone in to Canadian public life, Manning has been made a member Canadians of all beliefs and allegiances to renew “pragmatic”this country about how toconservatism revive both our troubled democracy and and the uncertainthe recent Something!” There are 392 of them, as it of the Queen’s Privy Council for Canada, a Companion of fortunes of its conservative wing. The second project, indeed, is integral to the first. their nation’s democracy and the ideas, processes, the , and the recipient of honorary degrees Canada needs a contestable politics, and conservatives, if they wish to make it so, and institutions that support it. Drawing on a from numerous universities. He and his wife Sandra divide upwelling of . So it’s a turns out. their time between Calgary, Vancouver, and a family ranch would do well to listen carefully to the advice of one of their last great statesmen.” lifetime of public service, he offers 365 practical in Saskatchewan. timely book–ANDREW in more COYNE, COLUMNISTways than one. ways that readersManning can get involved and hasmake a been a productive writer Visit us on the web at difference, in their communities, on the national sutherlandhousebooks.com “These are dark times for democracy. But we can save it by resurrecting our stage, or around the world. YouCanadian talentcould for respectful probably debate. Preston Manning fill hasCalgary’s devoted his life new over the years, a career that has included a “There is an old saying,” writes Manning, “that to creating spaces where real dialogue can unfold and, in this book, he shows centralus that by fighting library for ideas, rather with than just attackingdeep our opponents, and we learnedcan a Canadiannearly optimist is someone 400-page who believes collaboration with former change this country.” things could be worse. But I am an optimist who opinions–CHRISTY on CLARK,the FORMERstate PREMIER of democracy OF B.C. and, believes theOntario future can be better Premier if enough of us Mike Harris, VISION for resolve to make it so.” $18.99 USD / $24.95 CAD ISBN 9781989555255 as one of Canada’s most accomplished90000 > a Canada Strong and Free. His last book,

@ sutherlandhousebooks political thinkers, Manning could certainly FOREWORD BY REX MURPHY Faith, Leadership and Public Life, was

Printed in the U.S. 9 781989 555255 Copyright © 2020 The Sutherland House Inc. have added to the pile. But in addition published barely two years ago, and to to being an observer of politics, he has Manning devotees many of the themes been a practitioner at the highest level, in Do Something! will be familiar. It’s a and those familiar with his life will not be Leader in Ottawa, to conservative elder weighty if not downright daunting list that surprised to learn that the Reform Party statesman. The history is the framework includes better equipping Canadians of Canada founder goes beyond theory to tell us what he’s learned and what he to understand and participate in their to offer detailed, practical approaches to believes but, most of all, to challenge all democratic institutions, the difference heal what ails democracy in general and those armchair critics to get involved. between political movements and political conservatism in particular. Hence the title. At its heart, Do Something! parties, looking beyond simplistic left-

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 13 2 right labels to redefine politics for the 21st century, winning the global ideological battle against Chinese state-capitalism, the obligations of citizenship, and most of all the mechanics of governing the massive and complex country we call home. Much of this book is an update and expansion of those themes, with the addition of Manning’s thoughts on social media, identity politics and what some see as the intrinsic threat of populism. As a lifelong student of history and politics, particularly Canadian politics, he provides badly needed historical and moral context. If you are unsettled by the CBC’s “narrative” of populism as an alien, Son of a premier, founder of a movement: Preston Manning (r) and his father, Alberta Social Credit leader Ernest existential Trumpist threat to democracy, Manning (l). for example, you will find comfort (or at the least useful context) in Manning’s “uprisings” can be unsettling, and indeed time to time to disrupt the political status timely reminder that populism has been a can go badly off the rails. But he believes quo.” feature of Canadian politics of all stripes that in a healthy democracy they also play This is vintage Manning. During for generations. As he writes: an important role in broadening public his years leading Reform he was debate, expanding our rights and freedoms habitually portrayed by major media and “Historic examples of populist uprisings and, in the process, turning radicals into “progressive” opponents as a reactionary in Canada include the farmers’ movement legislators. “Canadian populism has blast from the past with expired beliefs of the 1920s and 1930s that created the demonstrated both a capacity to advance and, often, as a sinister Evangelical with Progressive Party of Canada, and elected progressive ideas that the establishment a hidden agenda (entire books centred farmers’ governments in Manitoba, Alberta initially opposed and on occasion a on that calumny). This is a massive and and, briefly, in Ontario. These, in turn, laid capacity to moderate the extremism of unforgivable misreading of the man. the foundations for the Great Depression some of its own leaders,” he writes. In reality Manning has always been a parties of the Cooperative Commonwealth He cites the women’s Temperance disrupter of the status quo, an innovator and a challenger of conventional wisdom. As a conservative he values the past and If you are unsettled by the CBC’s “narrative” of populism its lessons, but primarily as waypoints as an alien, existential Trumpist threat to democracy, towards the future. As he puts it, “You can get ahead further when you get a run at you will find comfort (or at the least useful context) in it, when you know the political history of Manning’s timely reminder that populism has been a your country, your people, your party, and feature of Canadian politics of all stripes for generations. your constituency, than when you start from where you’re presently standing, as if politics did not really begin until the day Federation (CCF), a predecessor to the Movement of the late 19th century, which you discovered it and entered the field.” New Democratic Party (NDP), and the in the 20th morphed into a more general Manning’s particular constituency is, of Social Credit Party. In fact, it may be agenda demanding women’s rights. Often course, Western Canada. From his teens argued that western Canada had more noisy, sometimes violent, the achievement on he has been driven to work on behalf of experience in the 20th-century with populist of the vote for women is now accepted as that region, culture and people. That work movements, movements which expressed a major milestone in the development of led him to become an important architect of themselves through new political parties our democracy, and its elected leaders modern Western Canadian conservatism – including the Reform Party of the 1980s recognized as heroines. The real danger individualistic, practical, confident, tolerant and 1990s, than any other part of North from populism, argues Manning, lies – and that view pervades this book as it America.” in ignoring or misunderstanding these has all his writing over the years. So it’s no “bottom-up outbursts of political energy surprise that a chapter of Do Something! Manning recognizes that such from rank and file people which erupt from is devoted to the current unhappiness in

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 14 2 Alberta and Saskatchewan. attempting Re-Confederation now might be writes. “I understand and feel the pain He provides an excellent synopsis of “a bridge too far”, as the idea presupposes of western alienation that is prompting the history of Western grievance. This some interest in Ottawa (not to mention separatist sentiments among many of my ranges from the creation of Alberta and a dash of good faith) in overhauling our friends, associates, and supporters as Saskatchewan in 1905 over the objections creaking federation. His caution seems much or more than anyone in the province of local leaders, who feared the weakness well-placed. Thirty-odd years ago, in or the federal parliament. Yet if forced to built into such division and had asked the decade following the patriation of choose, separation or re-confederation, I Ottawa to create one big province, to the the Constitution from the U.K. by prime vote for re-confederation and will dedicate economic frustrations of the present day. minister , a Manning-led my remaining years to help bring it about, Manning concludes that, “As generations campaign to democratize the Senate not just for the benefit of my home province of disaffected westerners can attest, the foundered on general lack of interest and but for the lasting benefit of all Canadians.” flaws are embedded in the economic opposition from entrenched factions. For Manning, good ideas don’t die. structure of the federation, our national Undaunted, he seems prepared to have Sometimes you just need to persevere, political institutions, and often in the another go. “Members of my family have hold tight to your beliefs, wait for the complacency and condescension of the been intimately involved with Alberta and right time – and try again. Last summer, so-called Laurentian elites.” As the opinion federal politics for eighty-five years,” he Manning resigned from his executive polls attest, that’s a view lately embraced by a huge number of Westerners, leading many to question the very future of the federation. Even so, the architect of “The West Wants In” – the Reform Party’s slogan and agenda – has not given up on Canada. As is characteristic for Manning, he looks for and finds the glimmer of hope, the potentially positive outcome:

“The country now has seven conservative-oriented provincial governments with more than 50% of the population, sufficient to fundamentally amend the constitution if there was concurrence from the federal parliament. Just maybe some of those elected to the Populism is no anomaly in Western Canada: even the NDP began as a socialist grassroots populist movement, the CCF. 43rd parliament will come to believe that the weakness and divisiveness of the current situation calls for nothing less than Re-Confederation: the convening of federal-provincial meetings, not unlike those once held in Charlottetown and Quebec City, to hammer out a new set of terms and conditions (not necessarily constitutional) for uniting and strengthening Canada for the remainder of the twenty first century.”

Could “Re-Confederation” become the big idea that unites Canadian conservatives in a quest to modernize our democracy? Such swinging for the fences is another regular Manning theme and, indeed, “Think Big” was one slogan during some of the Manning on the campaign trail with candidate Deborah Grey in 1997, who had been the Reform Party’s first MP. Reform years. Manning acknowledges that

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 15 2 conservation and political conservatism:

“Yet conservative political parties on both the federal and provincial levels have been slow to develop and promote a positive, pro-active conservative position on environmental protection and instead have largely adopted a default position characterized by opposition to the environmental positions of liberals, social democrats, and greens. This posture seriously damaged the Conservative Party of Canada’s chances of winning support in the 2019 federal election, especially support among young people and electors in our largest cities. Thus one of the major Following his time in electoral politics, Preston Manning founded a centre and foundation, retiring this year. challenges facing Canadian conservatism going forward is that of rethinking and functions with the Calgary-based the conservative and the reactionary repositioning itself on the issue of Foundation for Democratic Education and (although detractors love to equate environmental protection, including that the Centre for Building Democracy, which the two). The reactionary mind is one of climate change.” he had created when he left federal politics that is reflexively backward-looking, and which bore his name until this month. yearning (idealistically, in a perverse Manning himself is a strong proponent Was he truly hoping to retire once and for sort of way) for some non-existent past- of a “market-based” approach to all? Was he clearing the decks perhaps to paradise. The archetypical conservative, conservation, although he’s quick to focus on the one issue that has dominated while temperamentally resisting rapid point out that the allegedly market- his political life – the West’s place in and wholesale change, nevertheless based policies of the Trudeau Liberals Confederation? Or, as circumstances appreciates the long centuries of gradual are primarily attempts “to generate new changed and the conflicts in federal corrective change that produced our revenue” by a government that neither politics worsened, did the one become present society. trusts nor believes in the effectiveness of the other? Manning’s experience and “The conservative family also includes the marketplace. He laments that left-of- focus on the practical will be a welcome people who, because they wish to centre parties have “seized the moral high- addition to the debate and, probably, a distance themselves from reactionary ground” on environmental issues and sees strong counterweight to the airy talk of an conservatives, adopt a pragmatic lots of room for conservatives to develop ostensibly easy separation from Canada. conservatism without any guiding practical and effective policies that would Do Something! says nothing specific principles. A kind of conservatism that do less damage to the economy and more about the Conservative Party’s current in its sensitivity to shifting electoral good for the environment. leadership contest, and it would be preferences, changes in direction with More broadly, Manning does not accept surprising and out of character for him to every political wind that blows. It is the the widespread notion that “progressives” get actively involved. Having said that, as attempt to bring together these two must be given all manner of advantages noted, Canadian conservatives are being apparently conflicting viewpoints which in the public arena because their motives urged by all and sundry to think about who will determine the future of Canadian are considered idealistic and above they are and what they stand for. Having conservatism – not in the distant future reproach, while anyone advocating spent the better part of his life thinking but over the coming few years.” individual freedom, free markets and about this, who better than Manning to less government involvement in our lives offer some advice “for the purpose of Is there a better way to describe the generally is assumed to be self-serving, renewing and strengthening the capacity policy confusion that last October caused out to impose their views on everyone of Canadian conservatism to better serve the Conservative Party to fumble a golden else, and uncaring about the environment the people of Canada.” He has much to opportunity to unseat the Liberals? One or the welfare of their fellow citizens. This, say about the tensions plaguing modern area of particular confusion was climate Manning suggests throughout this book, is conservatism, including this: change. As Manning points out, however, pure bunk, and conservatives must not be there is nothing fundamentally incompatible intimidated by it. “There is a stark difference between between the principles of environmental Do Something! offers so much of value,

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 16 2 to make it so.” Preston Manning is a serious, moderate and prudent Canadian elder statesman in an age of unserious politics dominated by instant analysis, shallow opinion, excessive emotionalism, virtue signalling and denunciation of opponents. Those of us less optimistic than he might fear that Canada is in danger of being overwhelmed by the regional and philosophical issues that divide us, the challenges spiralling far beyond the abilities of our current leaders. Manning acknowledges that faith in democracy is being sorely tested. “The current practice of democratic politics is not producing stellar or exemplary governance in much of Europe or Australia,” he writes. “And then there is the Canadian example Preston Manning speaks in the House of Commons in 1993. of the seeming inability of democratic governments elected on the basis of style from its discussion of “the polarization felt by millions of Canadians in Alberta rather than substance to even recognize let of public political discourse” and the and Saskatchewan who may not have alone effectively address the major issues increasingly partisan nature of politics to its elected Liberal MPs but whose wellbeing of the day.” description of the responsibilities of elected is still partly the federal government’s Despite all of that, Manning’s office. On partisan politics, for example: responsibility. That response must confidence in democracy and the ability “Partisan candidates running for office and recognize “justifiable demands for reform of conservatives to lead a renewal of politicians in opposition can get away with of the equalization formula, unobstructed faith in politics and public service never taking sides on a particular issue and even transportation corridors to the Atlantic seems to waver. For him, it’s just a adding to the conflict that characterizes the and Pacific, immediate construction of matter of determination and hard work. public square in a free society. But once the Trans Mountain pipeline expansion, As he writes: “The biggest single thing one becomes part of a government, the and an administrative agreement limiting we can do to strengthen the competitive larger and more difficult task becomes the federal spending and taxation in areas position of citizen-directed democracy in reconciliation of conflicting interests by of provincial and joint jurisdiction (such non-coercive means.” as environmental protection) without the Manning, of course, has never been consent of the affected provinces.” One in government (more’s the pity), but in suspects these suggestions will feature that one short paragraph he captures in the report of the Fair Deal Panel set the central paradox of our increasingly up last November by the adversarial politics: You must fight along government and of which Manning is partisan lines to form government but, a member. The panel’s report is due in once elected, you find yourself responsible March. for an entire electorate of “conflicting The challenges facing our federation are interests”. This includes individuals, groups daunting. Manning never underestimates and regions who didn’t vote for you and them in this complex and wide-ranging may even actively despise you, but whose book, but neither does he underestimate views you must take into account. One the ability of Canadians to grapple with and suspects our current prime minister may overcome them. “There is an old saying even now be grappling with this urgent that a Canadian optimist is someone who requirement of statesmanship, or at least believes things could be worse,” Manning we can hope so. writes in the folksy mode with which friends Inevitably, Manning lays out what and supporters have long been familiar. “I he believes would be an appropriate am a Canadian optimist who believes the Preston Manning retires leaving a legacy of vision, response from Ottawa to the distress being future can be better if enough of us resolve determination hard work — and enduring hope.

C2CC2CJOURNAL JOURNAL | FEBRUARY 2020 pagepage 17 2 our times is to clearly identify its principal deficiencies and vigorously implement reforms to address them. In other words, Do Something! Do many things to make citizen-directed democracy great again.”

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