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Frontier Centre for Public Policy

Canada’s elites suppress freedom of speech on indigenous matters

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From the Frontier Centre for Public Policy

By Peter Best

Under section 2 of the Charter of Rights and Freedoms, Canadians are guaranteed freedom of thought, belief, and expression. These freedoms are fundamental in our democratic society. In fact, an official government commentary on the Charter states: “In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.”

Given this claim, it is, indeed, a mystery why free speech is protected when people say  that Israel’s policies and practices towards the Palestinians are “racist,” but not when they say that Canada’s policies and practices towards Indigenous peoples are “racist.”

When it comes to Indigenous issues, our academic, media, and political elites have a Charter of Rights free speech blind spot. They refuse to allow contrary minded, but enlightened Nelson Mandela-like beliefs to be voiced unless those people want to be labeled as “racist.” Only a few brave souls have been willing to be pillarized by transgressing this “sacred” boundary.

This writer went over this line when he arranged a Chapters book-signing for There Is No Difference, a book that advocates for the greater integration of Indigenous people into Canadian society, only to have the event cancelled by the bookstore  who chose silence over free speech. Surprisingly, only one mainstream journalist, Barbara Kay in The National Post, defended my free speech rights.

But I am not alone.

A few years ago, Senator Lynn Beyak dared to say that some good came from residential schools, a view that is, in fact, reflected in the Truth and Reconciliation (TRC) Report, and was shared by eminent Indigenous author and residential school student Basil Johnston in his book, Indian School Days.

For making defensible assertions, Senator Beyak was excoriated by politicians from all parties, and mocked by editorial writers as an ignorant rube. In 2019, she was kicked out of the Conservative caucus, and shortly after she resigned from the Senate.

Associate Professor Frances Widdowson was exercising her “academic freedom,” but, nevertheless, was fired from Mount Royal University in 2021 for challenging the Indigenous status quo. In doing so, the university proved that its core mission was to protect the feelings of Indigenous people and not to challenge fallacies and uphold truth-seeking in a free and open debate.

The same year, an Abbotsford B.C. high school teacher, Jim McMurtry, was fired for saying that most Indigenous children who died in residential schools died because of diseases like influenza and tuberculosis. Even though this fact is reported in the TRC Report, it did not save Mr. McMurtry from unceremonially losing his teaching career.

In 2024, the mayor of Quesnel B.C., Ron Paull, was censured and the nearby First Nations bands boycoted him because his wife — a private citizen in her own right — handed out copies of Grave Error to friends and acquaintances. This book is a scholarly challenge to the “cultural genocide” claimed by the Kamloops Indigenous band.

Also, in 2024, a Manitoba school trustee, Paul Coffey, faced pressure to resign for publicly echoing what Senator Beyak had said a few years earlier.

These cases — and many others — clearly illustrate that no government official, no member of a provincial or territorial legislature, and few mainstream academics and journalists will defend contrary-minded “heretics” exercising their right to free speech, a right that is enshrined in the Canadian Charter of Rights and Freedoms.

In fact, few mainstream news media outlets reported on these stories in a dispassionate and professional way. The CBC, for example, consistently emphasizes the “hurt feelings of the aggrieved,” making their outrage the focus of their reporting. In no media reports has the CBC mentioned the Charter of Rights and Freedoms, implying that Charter protected freedom of speech is no longer relevant in their reporting on Indigenous matters.

Hurt feelings, of course, are irrelevant to academics and journalists because the search for truth always involves controversies that hurt the feelings of some people.

Even more outrageous, the federal government has actively demonized Canadians who challenge misinformation about Indigenous people by proposing to make it a crime for people to engage in what it calls “residential school denialism.” As a result, people who care about the best interests of Indigenous peoples but have contrary-minded views, are afraid to speak up for fear of being called “denialists,” as if they were denying the European Holocaust.

Nevertheless, many Canadians believe that the proper way to advance reconciliation with Indigenous people is to phase out the dependency relationship that has grown since the Indian Act was enacted in 1876. Many also think that Indigenous peoples should be equal with other Canadians—no better, and certainly no worse.

Some Canadians even believe that Canadian governments should not support the United Nations Declaration on the Rights of Indigenous People (UNDRIP) that creates a strong “consult and accommodate” hammerlock on the development of Canadian resources. Similarly, many believe that the “nation to nation” relationship is polarizing citizens leading to ruinous economic and social policies for both Indigenous bands and Canadian society.

Unfortunately, the vast majority of Canadians realize that it is best to keep thoughts like these ones to themselves.

Our elites have breached their fiduciary responsibilities to Canadians. It is a tragedy that they do not encourage other viewpoints. In this respect, Peter Wehner correctly says: “The truths to be discovered are complex and many-sided, and the only way to get to them is by engaging with contrary ideas in a manner approaching dialogue.”

It would be in the best interest of Canadians, if our elites shed their hostility towards those who disagree with them. But to do this, they need to develop the confidence and open-mindedness that the French philosopher Montaigne implied when he wrote: “When I am contradicted it arouses my attention, not my wrath. I move towards the man who contradicts me; he is instructing me. The cause of truth ought to be common to both of us.”

But in discussing Canadian Indigenous issues, the Canadian elites are inexplicably unwilling to grant to others the same Charter of Rights-free speech presumptions that they keep for themselves when they support “anti-Zionists” shouting obnoxious statements and insults. When they do this, they are dividing Canadians, losing our trust, and increasing the grave harm to all Canadians but especially to Indigenous Canadians.

 Peter Best is a retired lawyer in Sudbury and the author of There is no Difference which argues that Canada’s laws should be changed to make all Canadians equal under the law, regardless of race.

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Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

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From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

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Frontier Centre for Public Policy

Cowering before carbon

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From the Frontier Centre for Public Policy

By Elizabeth Nickson

Despite turning this back this spring, South Dakota continues to be under attack by a freshly born green corporation, Summit Carbon Solutions, funded by China’s Belt and Road initiative, and you, through the Green New Deal provisions buried in the last debt ceiling deal, to pipe “carbon,” from the oil fields to some obscure part of the Dakotas and bury it. The “people” may “rise up” and demand it be shuttered, and all they do is crawl away and try again.

There can be no more stupid waste of money than this. But even some of our bravest politicians, including Kristi Noem, Pierre Poilivere and Danielle Smith in Canada cower before the almighty (anti-)carbon lobby and rabbit on about sequestering it. It is an industry into which thieves flood because it means you loot the public purse at the beginning through Green New Deal giveaways, and then for all perpetuity because of the tax advantage. People have been so scarified by the word, they do not know what it means anymore, they nod enthusiastically.

So let’s refresh: carbon = carbon dioxide. Plant food. Your outbreath. The thing that makes life on earth habitable. The thing they are trying to introduce into Mars to make it habitable. In order to terraform Mars, you need carbon dioxide.

A policy researcher friend tried to track down the annual billions, trillions over the last thirty years, that the U.N. and its various satellites have given of your money to “climate change” mitigation outfits in the Global South. The money vanishes, nothing happens, it’s stolen. She google-earthed one heavily PR’ed outfit, only to discover that it didn’t exist, just a pile of sand. These projects are payoffs to an army of activists placed at every weak point in the system. If the projects exist, they don’t work. Both the Guardian and Harper’s have done extensive work on the fraud of “climate mitigation.” Carbon sequestration is a scam meant to steal public money.

Yeah, this oughta work.

This time, Kristi Noem is facing down an activated people who are fit to be tied, protesting and signing petitions. This is generally taken as “the people’s voice” in the enviro business and must be obeyed. But not, apparently, when you are fighting “green.” This time, Summit Corporation is barreling through people’s farms, breaking into their barns, threatening ranchers with armed guards, and generally behaving like the WEFer army Trudeau sent to brutalize the truckers. This is a new iteration from the One World Government, anonymous Kevlar-coated mercenaries in the heartland.

So it is that the carbon dioxide pipeline in North Dakota is receiving rapid approvals and aggressive eminent domain clearing overturning the years, even decades it takes to clear a pipeline. The first thing Biden did was cancel the Keystone XL pipeline. It was protested by the activist army that moves into any hot spot, the leaders of which are paid well to lead the chaos. But in this instance, the carbon pipeline is being protested by actual residents fearing actual harm. Co2 is an unstable gas, unlike oil and natural gas. Co2 pipelines explode and kill people. They blow up in part because the technology is not sorted out, unlike petroleum engineering. But never mind! It’s virtuous. It’s fabulous, it must be done, whether you like it or not.

I know! Let’s overturn democracy. Writes Pipeline contributor Steven F. Hayward in the Claremont Review of Books:

The most overwrought, assertive climate change activists have a “transformative” agenda to halt and reverse global warming. The problem is that there’s no evidence voting majorities in any modern democracy are willing to be transformed by Green New Deals or other, even wilder schemes. And if the people reject the climate agenda? There must be ways to enact it despite them. There may even be ways to insist that this thwarting of the popular will is, in fact, a more noble rendering of democracy than mere government by consent of the governed.

He quotes Ross Mittiga, the author of “Political Legitimacy, Authoritarianism, and Climate Change,” asking whether we must sacrifice democracy to save the planet:

Satisfying this standard may entail elevating the status or power of experts in the political process by, for instance, affording them a salient consultatory role or even some kind of veto power over legislation…. One can imagine a “Supreme Court of Climate Experts,” tasked with evaluating, modifying, or striking down legislation to the extent it exacerbates the climate crisis or contributes to other grave forms of environmental destruction.

Observes Steve: “This hardly differs from the parade of authoritarian horrors offered elsewhere in the article.”

Oops.

Alas, all over the U.S., activists are attempting to override both political and judicial process placing their judgment above democratic process, and their pet judges agree. Usually local farmers, ranchers, rural businessmen and women are rolled flat by out-of-state lawyers and money from movie stars, but this time, the victims have constitutional lawyers. The South Dakota Freedom Caucus is fighting back and Gov. Noem is caught. Approving this pipeline will mean money for her coffers from Summit, jobs, albeit temporary; no doubt, federal funds will be held back until she approves it. You can read the Caucus’ extensive legal argument here.

Even the Sierra Club thinks carbon capture is fraudulent:

The fact that the 45Q tax break for carbon capture and sequestration specifically states that enhanced oil recovery [EOR] counts as sequestration means that these companies could get paid twice for the same carbon— first, via the tax break for capturing and shipping it, and again when they sell it for EOR. “The bottom line,” says [Richard] Kuprewicz, “is if you’re trying to get CO2 in the atmosphere to reduce global warming, but you’ve created this huge market incentive to drive and generate more oil recovery, that may be in conflict with getting rid of CO2 in the atmosphere… We’re getting ahead of ourselves on pipelines,” he says. “For billions of dollars you can make smart people do incredibly stupid things.”

Carbon capture is a gold rush, the gold being public money. Exxon Mobil just bought a carbon capture company.  Certainly it knows of the dangers and inefficacy, but such virtue signaling makes them look good. Summit Corporation is another dishonest outfit prospecting for free public money.

Opposition mounts. The South Dakota Public Utilities Commission has announced it will hold hearings on their pipeline in September. Three days ago, Daniel Horowitz of The Blaze asked why Noem was dragging her heels about calling a special session of the legislature to deal with the “carbon-capture” threat.

This problem has been festering for quite some time, it’s just that the governor thought she’d be able to quietly skate by enabling Summit Carbon Solutions and Navigator CO2 to do the dirty work while not overtly endorsing their project. Noem’s reluctance to call a session comes on the heels of her refusal to support the existing bill in the regular session. The governor is pretending like this issue is just beginning and that lawmakers need to send some new legislation for her to review. But she is very familiar with House Bill 1133, introduced by Rep. Karla Lems. There’s nothing to review; it’s a one-paragraph bill. It simply makes it clear that eminent domain can only be used for a pipeline that actually produces a public good, not merely captures carbon. Done.

Can’t we just box it and ship it?

In Illinois, through which carbon pipelines are planned to flow, a state senator has proposed a moratorium on carbon capture pipelines to address safety concerns.

McClure said the pipeline issue was first brought to his attention by some of those who live along the path of Heartland Greenway. He said he was concerned about the potential for a pipeline rupture similar to one that happened in Satartia, Mississippi in early 2020, when 45 people were hospitalized and 200 were evacuated. The carbon dioxide sucked the air out of the surrounding area and caused gas-using vehicles to fail, according to reports.

“When you have a pipeline that’s that big [and] that will stretch across so much rural area, how on earth would emergency folks be able to get to a rupture in time to help people?,” McClure said.

We have to stop throwing our future into the great green maw.

Elizabeth Nickson is a Senior Fellow at the Frontier Centre for Public Policy. Follow her on Substack here.

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