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Opinion

Paul Wells: A poor choice of venue

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From Paul Wells on Substack

The Liberals wanted to beat Pierre Poilievre in the House of Commons. No such luck.

On Pierre Poilievre’s first day as leader of the Opposition, eleven months ago, the Liberals’ best available minister sought to frame the battle ahead.

“We are going to see two competing visions over the course of this session,” Randy Boissonnault said, largely ignoring Poilievre’s first question.

“The first is our government’s plan to support Canadians and those who need it most. The second is that of the Conservative Party and members of Parliament who would leave Canadians to their own devices.”

Boissonnault’s answer struck me at the time as the best available information about the Trudeau Liberals’ plan for Poilievre. It’s worth revisiting.

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At the time, late in September 2022, Poilievre had won a resounding victory over the rest of the Conservative leadership field. The Trudeau government had an opportunity to influence votes’ perceptions of the Liberals’ latest opponent. Many observers assumed the Liberals would do this through some sort of ad campaign, as Stephen Harper had done against Paul Martin, Stéphane Dion and Michael Ignatieff, and tried to do against Trudeau, always well ahead of an election.

Boissonnault was announcing the Liberals wouldn’t do this. The main parties’ “two competing visions” would become clear throughout “this session,” in the venue where life is divided into sessions: Parliament. (My procedure-wonk friends will remind me that a “session” isn’t a school year, it’s the space between a Throne Speech and a prorogation or dissolution. Still, a year is a good time for an interim check-in, and plainly things are happening.)

I’m going to say it hasn’t gone well for the Liberals. A stack of polls tells me so, but we don’t only need polls. The Cabinet has gathered in Charlottetown to hear from an academic who calls the state of housing in Canada “a crisis.”Meanwhile the guy who ran economic policy for Justin Trudeau’s government for seven years is calling affordable housing “the urgent economic need of today.” Imagine how many urgent economic needs we’ve heard about since 2015. Maybe the urgent economic need all along was to resist the urge to treat every need as urgent. Anyway the Liberals expected they could govern by picking issues that would work to their advantage. Instead an issue has been picked for them.

Poilievre made no secret of his own plan to use housing shortages to illustrate “two competing visions.” Every time he stood that day he repeated that housing prices had doubled under Trudeau. Boissonnault’s response was, in some cases, to ignore the question (“Mr. Speaker, let us talk about how people can pay their bills with our new dental plan”) and in others, to mention the day’s latest government policy: a one-time top-up to the Canada Housing Benefit, which would be worth $500 for people whose family income was under $35,000. The top-up began two months after Boissonnault spoke and ended three months after that, in March of this year. After that, Boissonnault and his colleagues would leave Canadians to their own devices, we might say.

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Why has the parliamentary session, as glimpsed since last September, been a bad choice of venue for the Liberals’ narrative of two competing visions? A few reasons.

First, most Canadians ignore Parliament. This trend has accelerated in the last eight years. Partly because the audience for just about any given thing in our society has declined as attention spans fragment. Partly because it’s increasingly obvious that the House of Commons no longer provides even occasional surprise. Stephen Harper and Jean Chrétien used to say surprising things. Not often. But they’d reveal a conversation they’d had, or announce a decision, or cleverly sabotage a question’s intended effect. This crew is earnest and general. Always.

Second, Poilievre likes Parliament more than Trudeau does. Not in the sense that he respects it as an institution. Neither of them does. The whole notion is quaint. But Poilievre looks forward to Question Period, rehearses for it, relishes its limited opportunities. Trudeau, who systematically demotes naysayers, has never believed he should have to put up with any in the middle of his workday.

It’s easy to understand a guy disliking Parliament. But disliking Parliament makes Parliament an odd choice of venue for making any kind of important case.

The third problem with the notion that an ordinary governing year would define Poilievre is that it allowed Poilievre to specialize while the government generalized. Any Canadian government has to manage the normal array of dreary files, the bilateral relationship with the U.S., the post-pandemic recovery, ports and bridges and health transfers and public-sector strikes. Not every day can be a message day, even for a government that tries to make its every act a message. That’s why governing parties often prefer to put the “governing” and “party” parts of their mission under distinct command structures.

It’s often said that in making his campaign team his governing team, Trudeau limited the effectiveness of his government. It’s increasingly clear the problem goes the other way too: How can a Prime Minister’s Office think clearly about politics?

The upshot is that while the Liberals have been fitfully defining their opponent he has been diligently defining them. It has gone better for him than for them. A new poll, by Abacus for the Toronto Star, shows that “more [respondents] think Poilievre is genuine than phoney, strong instead of weak, down to earth instead of elitist.” This will be vexing news for readers who think the Conservative leader is phoney, weak and elitist, but in politics the goal isn’t to believe your own beliefs really hard, it’s to get other people to believe them. Here the Liberals’ problem is much like their problem on housing: It’s as though they just realized they have a job to do.


A note to readers as an election approaches, whether that election happens in 2023, 2024 or 2025. If you have a strong emotional investment in anyoutcome in that election, this newsletter will certainly disappoint you. I’m not here to help Poilievre. I’m not here to defend Trudeau. I see qualities and flaws in each. I might even amaze everyone by mentioning the NDP, once or twice. This isn’t an artificial stance born of some mandate for “objectivity” or, worse, “balance.” I’m selling my opinions here. But my opinions don’t line up cleanly with the party lines in most elections and they won’t in this one.

Readers who are inclined to work fulltime to correct other readers’ opinions should remind themselves that the election won’t be won or lost in the comment board of the Paul Wells newsletter. Thanks, as always, for your support and interest.

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Business

Judges are Remaking Constitutional Law, Not Applying it – and Canadians’ Property Rights are Part of the Collateral Damage

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By Peter Best

The worst thing that can happen to a property owner isn’t a flood or a leaky foundation. It’s learning that you don’t own your property – that an Aboriginal band does. This summer’s Cowichan Tribes v. Canada decision presented property owners in Richmond B.C. with exactly that horrible reality, awarding Aboriginal
title to numerous properties, private and governmental, situated within a large portion of Richmond’s Fraser River riverfront area, to Vancouver Island’s
Cowichan Tribes. For more than 150 years, these properties had been owned privately or by the government. The Cowichan Tribes had never permanently lived
there.

But B.C. Supreme Court Justice Barbara Young ruled that because the lands had never been formally surrendered by the Cowichans to the Crown by treaty, (there
were no land-surrender treaties for most of B.C.), the first Crown grants to the first settlers were in effect null and void and thus all subsequent transfers down
the chain of title to the present owners were defective and invalid.

The court ordered negotiations to “reconcile” Cowichan Aboriginal title with the interests of the current owners and governments. The estimated value of the
property and government infrastructure at stake is $100 billion.

This ruling, together with previous Supreme Court of Canada rulings in favour of the concept of Aboriginal title, vapourizes more than 150 years of legitimate
ownership and more broadly, threatens every land title in most of the rest of B.C. and in any other area in Canada not subject to a clear Aboriginal land surrender
treaty.

Behind this decision lies a revolution – one being waged not in the streets but in the courts.

In recent years Canadian judges, inspired and led by the Supreme Court of Canada, have become increasingly activist in favour of Aboriginal rights, in effect
unilaterally amending our constitutional order, without public or legislative input, to invent the “consult and accommodate” obligation, decree Aboriginal title and grant Canadian Aboriginal rights to American Indians. No consideration of the separation of powers doctrine or the national interest has ever been evidenced by
the Court in this regard.

Following the Supreme Court’s lead, Canadian judges have increasingly embraced the rhetoric of Aboriginal activism over restrained, neutral language, thus
sacrificing their need to appear to be impartial at all times.

In the Cowichan case the judge refused to use the constitutional and statutory term “Indian,” calling it harmful, thereby substituting her discretion for that of our
legislatures. She thanked Aboriginal witnesses with the word “Huychq’u”, which she omitted to translate for the benefit of others reading her decision. She didn’t
thank any Crown witnesses.

What seems like courtesy in in fact part of a larger pattern: judges in Aboriginal rights cases appearing to adopt the idiom, symbolism and worldview of the
Aboriginal litigant. From eagle staffs in the courtroom, to required participation in sweat lodge ceremonies, as in the Supreme Court-approved Restoule decision,
Canada’s justice system has drifted from impartial adjudication toward the appearance of ritualized, Aboriginal-cause solidarity.

The pivot began with the Supreme Court’s 1997 Delgamuukw v. British Columbia decision, which first accepted Aboriginal “oral tradition” hearsay evidence. Chief
Justice Lamer candidly asked in effect, “How can Aboriginals otherwise prove their case?” And with that question centuries of evidentiary safeguards intended
to ensure reliability vanished.

In Cowichan Justice Young acknowledged that oral tradition hearsay can be “subjective” and is often “not focused on establishing objective truth”, yet she
based much of her ruling on precisely such “evidence”.

The result: inherently unreliable hearsay elevated to gospel, speculation hardened into Aboriginal title, catastrophe caused to Richmond private and government property owners, the entire land titles systems of Canadian non-treaty areas undermined, and Crown sovereignty, the fount and source of all real property rights generally, further undermined.

Peter Best is a retired lawyer living in Sudbury, Ontario.

The original, full-length version of this article was recently published in C2C Journal.

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Daily Caller

Trump urges Putin, Zelenskyy to make a ‘deal’

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From The Center Square

By 

President Donald Trump hosted President Volodymyr Zelenskyy at the White House on Friday afternoon, in hopes of inching Ukraine and Russia closer to peace.

Trump told the media Friday evening that the two had a “very good meeting, a very cordial meeting.”

However, the president said that he has told both Eastern European leaders to stop the war and “go by the battle line wherever it is or else it gets too complicated.”

“The meeting with President Volodymyr Zelenskyy of Ukraine was very interesting, and cordial, but I told him, as I likewise strongly suggested to President Putin, that it is time to stop the killing, and make a DEAL! Enough blood has been shed, with property lines being defined by War and Guts,” the president posted to Truth Social Friday evening. “They should stop where they are. Let both claim Victory, let History decide!”

The president pleaded with the leaders to stop shooting, “no more Death, no more vas and unsustainable sums of money spent.”

The meeting comes a day after Trump had a “lengthy” and “productive” conversation with Russian President Vladimir Putin, during which the two agreed to meet in Hungary.

One of the topics of interest during the bilateral meeting between Trump and Zelenskyy is Ukraine’s desire to purchase U.S. Tomahawk missiles.

During a news conference between the two leaders, they both emphasized their desire to reach a peace agreement. However, Zelenskyy underscored the need for more weapons, including the Tomahawks.

Zelenskyy suggested a trade between Ukrainian drones for U.S. Tomahawk missiles, which the president suggested he would be open to the exchange. However, the president appears to be reluctant to sell Tomahawks, potentially leaving the U.S. short in case they are needed.

The president indicated that the threat of Tomahawks may be bringing Putin to the table; however, he noted that the Russian president wants to end the war, acknowledging that “bad things can happen” with the missiles.

Overall, the president appears confident that he can solve the war. “I am the mediator president,” Trump told the media.

Trump addressed concerns that Putin is trying to buy more time in wanting to meet, which he acknowledged.

The president said he is eager to strike a peace deal between the two countries, noting that he thought the war would be easier to solve, adding that there is a lot of bad blood between the two leaders.

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