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Aristotle Foundation

At Toronto Metropolitan University medical school, some students are more equal than others

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READ THE REALITY CHECK

By Bruce Pardy

 

 

A new Aristotle Foundation Reality Check from Queen’s University law professor Bruce Pardy details how Canada’s courts reinterpreted even the clear equality clause in the constitution to read in anti-individual “equity.” That hollowed out a founding Canadian principle of equality before the law.

Canada’s newest medical school will select students not for their ability, but their identity.

Great, as if Canada’s healthcare system wasn’t bad enough already.

The school, which opens next fall at Toronto Metropolitan University, will reserve 75 per cent of its seats for Indigenous, Black, and other “equity-deserving” groups including 2SLGBTQ+. These students will need an undergraduate GPA of only 3.3 on a 4-point scale, and maybe not even that; for comparison, the University of Toronto medical school’s average accepted GPA is 3.95.

Able-bodied straight white students can’t apply for these seats. It’s TMU’s affirmative action school for doctors who can’t get in on their merits. Canada now has full-blown racial and gender discrimination. How did we get here? The Supreme Court of Canada is largely to blame.

Last year, the U.S. Supreme Court brought race-based admissions at American universities to an end. Harvard University, among others, preferred Black and brown students to Asian and white ones in the name of “diversity.” That practice, the court declared, violated the Equal Protection Clause of the U.S. Constitution. Equal protection “cannot mean one thing when applied to one individual and something else when applied to a person of another color.” In the United States, equal treatment under the law is a constitutional requirement.

But not in Canada. “Every individual is equal before and under the law,” says the Canadian Charter of Rights and Freedoms, “and has the right to the equal protection and equal benefit of the law without discrimination …” But the Supreme Court of Canada has long insisted that the clause does not mean equal treatment but equity.

Equity, also known as “substantive equality” or “equality of outcome,” means treating different groups differently. It means applying standards and granting rights to compensate for perceived advantages, disadvantages, strengths, and weaknesses. Equity is a right granted not to individuals as individuals, but to members of groups.

Equal treatment and equity are opposites. The law cannot apply the same laws and standards to everyone and also adjust them depending upon the group. As Friedrich Hayek put it, “From the fact that people are very different, it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either the one or the other, but not both at the same time.”

So what happened? The Supreme Court of Canada did not decide its first case under the equality provision, section 15(1), until 1989. In the interim, the federal government established a Royal Commission on Equality in Employment, also known as the Abella Commission after its commissioner Rosalie Abella. Abella, now retired, would later become the most activist judge on the court. The commission’s report, released in 1984, recommended employment equity policies in the federal government and in federally regulated companies, and led to the passage of the federal Employment Equity Act in 1986, which required affirmative action programs that gave preference to candidates from some groups over others.

The Act did not bind the Supreme Court’s interpretation of the Charter, but it was newly in place when the Supreme Court heard the case of David Mark Andrews, a British citizen and permanent resident of Canada, and a qualified lawyer, who challenged a British Columbia requirement that lawyers be Canadian citizens. In its 1989 decision, the court struck down the requirement. Justice William McIntyre wrote, “… a law which treats all identically and which provides equality of treatment between “A” and “B” might well cause inequality for “C,” depending on differences in personal characteristics and situations. To approach the ideal of full equality before and under the law… the main consideration must be the impact of the law on the individual or the group concerned…”

The court has been doubling down on equity ever since. Unlike the American Constitution, the Charter contains an exception to its equality guarantee. Section 15(2) allows for programs of affirmative action that discriminate against members of some groups to promote the fortunes of others. It was meant to be an exception, but the Supreme Court has made it the general rule.

In Canada, the Charter may not even apply to university admission policies (because universities are not governments), but human rights codes do. Like section 15(1) of the Charter, human rights codes promise a right to equal treatment. But in accordance with the Supreme Court’s equality jurisprudence, human rights have come to mean equity too. In 2022, the Ontario Human Rights Tribunal said that white people cannot claim discrimination. “An allegation of racial discrimination or discrimination on the grounds of colour,” it wrote, “is not one that can be or has been successfully claimed by persons who are white and non-racialized.”

Thanks to the Supreme Court, equality rights have become weapons wielded by preferred groups to demand more lenient standards and advantageous outcomes. In Canada, some people are more equal than others. Remember that next time you’re waiting to see your newly minted doctor.

Bruce Pardy is executive director of Rights Probe, professor of law at Queen’s University, senior fellow with the Aristotle Foundation for Public Policy, and author of the new report “A Right to Unequal Treatment”.

Know about the Dorchester Review?

You should.

Our friends at the Dorchester Review have printed excerpts of The 1867 Project—Why Canada Should Be Cherished, Not Cancelled. In addition to such fine selections, their quarterly has other terrific historical work.

Check them out here.  

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Aristotle Foundation

We need an immigration policy that will serve all Canadians

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By Michael Bonner

A new ministry should be held responsible for ensuring we’re letting in people who will further our economic interests, and that infrastructure can keep up

Canadians deserve an immigration system that serves the national interest. This is exactly what we once had when most Canadians agreed with the economic and cultural arguments in favour of immigration.

For a long time, Canada avoided the sort of backlash seen in many places abroad. But the economic argument for immigration has collapsed during a time of stagnant wages, housing shortages and high youth unemployment. Likewise, cultural arguments about diversity and multiculturalism have given way to doubts about our ability to integrate newcomers.

Now, half of Canadians believe immigration harms the country. And according to a 2024 survey by the Environics Institute, 57 per cent of Canadians agree that too many immigrants “are not adopting Canadian values.”

In response, the Trudeau government began to reduce immigration targets and tinker with eligibility requirements. It was especially wise to reinstate caps on the Temporary Foreign Worker Program (TFWP), which many employers abuse to keep wages artificially low.

But Canada’s immigration system requires fundamental reform, with a sharp eye on integration — both economic and cultural. This reform will become increasingly urgent amidst a backdrop of deglobalization, domestic protectionism and falling birth rates.

Other countries will be motivated to hold onto as much of their own populations as they can, so we cannot count on a large and mobile cohort of educated professionals and low-wage workers for much longer. Canada must remain open to immigration, but immigration cannot be our only source of economic and population growth.

The federal government should begin by ending easy access by immigrants to the lower end of our labour market in nearly all sectors of the economy. That means phasing down and eventually eliminating the TFWP, except in limited areas such as seasonal agricultural work. High-wage, high-skill immigration should continue, but in lower numbers.

Meanwhile, governments should use incentives (tax credits, etc.) to encourage businesses to invest in domestic skills training and develop their workforces. Business, government and post-secondary institutions must work together to integrate domestic and international students into a general industrial strategy.

This means creating a pipeline of engineers, researchers and scientists for jobs in areas such as high-end manufacturing, robotics, batteries and advanced engineering. In short, we must gain much better control of immigration and ensure that it serves the national economic interest.

To make it all happen, Ottawa should create a new “population” ministry, formed out of every existing federal ministry and department that deals with immigration, housing, the labour market and family formation (such as Employment and Social Development Canada and the Canada Mortgage and Housing Corporation).

Of course, this is no small task and would take time. But the main policy areas (immigration, housing, labour, parental benefits and population growth) must be viewed as a single system, and a single ministry must be held accountable for the success or failure of future reforms.

In consultation with the provinces, this new ministry would be required to keep immigration at a manageable level, taking into account the state of infrastructure, housing and integration services, along with labour market needs. Artificial Intelligence could be a useful tool in helping predict labour and housing shortages before they happen.

This consolidated ministry would favour high-skill, high-wage immigration above all other categories. And, like some other countries, the ministry would be required to publish total immigration numbers, along with all other relevant population and labour-market information, as part of every federal budget, to ensure maximum transparency.

This ministry would also work with the provinces to develop pro-natal strategies to stabilize or, ideally, reverse the decline in domestic birth rates. This should be informed by successful policies implemented by our peers abroad.

Incentives could include cash bonuses, tax breaks, awards, more generous leave and other signs of public esteem for parenthood. Meanwhile, governments across the country must remove regulatory hurdles and revisit post-war mass production and prefabrication, in order to increase the supply of new housing.

Canada’s immigration policy has failed Canadians. But if properly managed, a new population policy, which includes immigration, can be a powerful force for nation-building and help create and maintain a prosperous and orderly society in an increasingly uncertain world.

Michael Bonner is a senior fellow at the Aristotle Foundation for Public Policy, a former senior policy advisor to a federal immigration minister, former director of policy to four Ontario ministers and the author of “Repairing the Fray: Improving Immigration and Citizenship Policy in Canada.” 

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Aristotle Foundation

The University of Saskatchewan is on an ideological mission

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By Peter MacKinnon

The program is part of an ideological crusade within our universities, one that includes identity-based admissions and faculty appointments, and discourages those who differ from speaking out or taking issue with its direction.

It needs to end

I must disclose my background here; I was employed by the University of Saskatchewan for 40 years including 13 years as president. The institution’s distinctive origins combined the development of liberal education with a responsibility to build the province’s agricultural industry, and it did the latter with world-class agricultural programs and research institutes, and with faculty and students of many backgrounds from around the globe.

Now, we are told, the academic personnel in this worldly environment require mandatory training on racism: an Anti-Racism/Anti-Oppression and Unconscious Bias Faculty Development Program. It is compulsory; those who decline its offerings will be shut out of collegial processes previously thought to be their right as tenured faculty.

It was earlier reported that the program emerged from collective bargaining at the initiative of the university’s faculty union; if so, this does not relieve the administration from responsibility; it signed the collective agreement.

“Program” is a euphemism. It is a propaganda module in which scholarly expertise and balance will not be found. It does not appear that the instructor has a university academic post and the program’s ideological hue is revealed in the two required readings, one by Idle No More co-founder Sheelah McLean whose theme is that the success of Saskatchewan’s white people is built on “150 years of racist, sexist and homophobic colonial practices.”

The second is by five “racialized” faculty who claim that Canadian university systems are rigged to privilege white people. Dissent, contrary views or even nuance are neither expected nor tolerated here. Opinions that are different are not on the reading list.

One participant, a law professor, was invited to leave after 30 minutes because he did not lend his voice to its purpose and orientation; he revealed that he was present because it was required. The purpose of the program is indoctrination and there is no room for dissent.

The program is part of an ideological crusade within our universities, one that includes identity-based admissions and faculty appointments, and discourages those who differ from speaking out or taking issue with its direction.

It is not present to the same degree in all of these institutions, but it is visible in most and prominent in many. It disparages merit, distorts our history and rests on the proposition that a white majority population has perpetrated a wide and pervasive racist agenda against others. It takes its conclusions as self-evident and not requiring evidence. It is authoritarian and intolerant, and should have no place in institutions committed to excellence and the search for truth.

The question, of course, is what is to be done. There is a view that “this too shall pass;” it is a fad that will recede in time.

But we must note, these are public institutions supported by tax dollars, and by the contributions of time and money by alumni and supporters. We should not tolerate their politicization and sidetracking of the academic mission in favour of the ideology on display here. The pushback should begin with governments and extend to others who care about these vital institutions.

But first the ideology must be recognized. There is no public uproar and little clamour from within the institutions; dissenting professors and students fear that negative professional and personal repercussions may follow. University-governing bodies stand down or away, not wanting to be involved in controversy. Resistance must come from outside the institutions: governments must insist that the propaganda must end, and they should be joined by alumni, supporters and the general public. The credibility of our universities depends on their willingness to say no.

Peter MacKinnon has served as president of three Canadian universities and is a senior fellow at the Aristotle Foundation for Public Policy. Photo: WikiCommons

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