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Doubling Down on Missing the Mark

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By Chris Gardner

President, Independent Contractors and Businesses Association

Earlier this year, public opinion research company Leger published the results of a nationwide poll. One result stood out: 70 per cent of Canadians agreed with the statement: “It feels like everything is broken in this country right now.”

To young people, families and business owners struggling to buy or stay in a home, find a doctor, pay for gas and groceries, hire people, worried about how unsafe our streets have become, or having to navigate a never-ending web of red tape to get projects approved, a deep sense of helplessness has set in.

Over the past few years, Canada’s long slow decline has become the subject of an avalanche of scrutiny and by every measure of social well-being and economic competitiveness, Canada is coming up short among its global peers. Canada’s ability to generate opportunities and long-term prosperity for its people is now at serious risk.

But anyone reading the 9th budget of the Trudeau Government looking for some relief from the big challenges that Canadian families and entrepreneurs are facing, will come away sorely disappointed.

It seems that every day there is a new report telling Canadians what they already know – buying or staying in a home has never been harder in this country. Just last week, RBC reported that it is the ‘toughest time ever’ to afford a home and that the share of household income needed to cover ownership costs is now 64% in Canada and an almost inconceivable 106% in Vancouver and 85% in Toronto.

CMHC estimates that we need to build 800,000 homes a year between now and 2030 to meet demand, while CIBC says it’s closer to 1 million. Keep in mind that in 2023 we built about 230,000 new homes.

With the shortage of people across every part of our economy now acute, a central question asked by many is ‘who will build all these homes?’. Our labour markets are undergoing a seismic shift – absent immigration, our population is flat-lining and will start to decline. Indeed, in B.C., in 2022, for the first time ever, natural births exceeded natural deaths – and it happened again last year.

Part of the answer is immigration. However, our immigration system is failing us. Last year we added a city the size of Calgary to our national population, and we are on track to do the same in 2024. Two major challenges have emerged. First, we have failed miserably to assess the skills gaps in our economy – doctors, nurses, technicians, teachers and trades workers – and attract them to Canada. Case in point: only 2% of all permanent immigrants in 2023 will pursue a career in the construction trades. Second, the torrid pace of our population growth is crushing affordability and overwhelming the infrastructure in our major centres. In 2021 there was a total of 1.3MN non-permanent residents in Canada; today we have 2.6MN. We must find a better balance – attract the people with the right skills to power our economy and in numbers that our schools, hospitals, transit systems and housing stock can reasonably absorb.

Canada has a remarkable competitive advantage in its natural resources – energy and minerals in abundance and in high demand. And, harnessing them provides some of the highest paying jobs in the country. Budget 2024 offered barely a passing reference to this enormous potential for Canada. No one should be surprised. Leaders from Germany, Japan and Greece have visited Canada and received the diplomatic equivalent of a cold shoulder at the suggestion that Canada supply their economies with much needed energy. One federal minister stated that Ottawa is ‘not interested in funding LNG projects.’ He missed the point completely – no one was asking Ottawa to fund anything; they simply want Ottawa to get out of the way.

Finally, last year, the CD Howe Institute reported that for every dollar that an American business spends on training, technology and capital – the essential ingredients for innovation – a Canadian company invests 58 cents. Business investment in Canada from 2015 to 2023 ranked 44 out of the 47 most advanced economies, according to the OECD. This matters because the more innovative Canadian firms, the more they spend on upskilling their people and on adopting new technology, the more they can increase the size of paycheques for workers. Canada’s lagging productivity is to the point where the Deputy Governor of the Bank of Canada said, “You know those signs that say, ‘In an emergency, break the glass?’ Well, it’s time to break the glass.”

After reading the budget it’s hard not to come away with the feeling that Canada is not a serious country, and the Trudeau Government is incapable of addressing the big challenges facing the country.

Why do so many people feel like everything in this country is broken? Because so much is breaking all around us.

Chris Gardner is the President and CEO of the Independent Contractors and Businesses Association.

The Independent Contractors and Businesses Association (ICBA), the largest construction association in Canada, represents more than 4,000 members and clients. ICBA is one of the leading independent providers of group health and retirement benefits in Canada, supporting nearly 170,000 Canadians, and the single largest sponsor of trades apprentices in B.C. ICBA is Merit Canada’s affiliate in B.C. and Alberta. www.icba.ca

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Over two thirds of Canadians say Ottawa should reduce size of federal bureaucracy

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From the Fraser Institute

By Matthew Lau

From 2015 to 2024, headcount at Natural Resources Canada increased 39 per cent even though employment in Canada’s natural resources sector actually fell one per cent. Similarly, there was 382 per cent headcount growth at the federal department for Women and Gender Equality—obviously far higher than the actual growth in Canada’s female population.

According to a recent poll, there’s widespread support among Canadians for reducing the size of the federal bureaucracy. The support extends across the political spectrum. Among the political right, 82.8 per cent agree to reduce the federal bureaucracy compared to only 5.8 per cent who disagree (with the balance neither agreeing nor disagreeing); among political moderates 68.4 per cent agree and only 10.0 per cent disagree; and among the political left 44.8 per cent agree and 26.3 per cent disagree.

Taken together, “67 per cent agreed the federal bureaucracy should be significantly reduced. Only 12 per cent disagreed.” These results shouldn’t be surprising. The federal bureaucracy is ripe for cuts. From 2015 to 2024, the federal government added more than 110,000 new bureaucrats, a 43 per cent increase, which was nearly triple the rate of population growth.

This bureaucratic expansion was totally unjustified. From 2015 to 2024, headcount at Natural Resources Canada increased 39 per cent even though employment in Canada’s natural resources sector actually fell one per cent. Similarly, there was 382 per cent headcount growth at the federal department for Women and Gender Equality—obviously far higher than the actual growth in Canada’s female population. And there are many similar examples.

While in 2025 the number of federal public service jobs fell by three per cent, the cost of the federal bureaucracy actually increased as the number of fulltime equivalents, which accounts for whether those jobs were fulltime or part-time, went up. With the tax burden created by the federal bureaucracy rising so significantly in the past decade, it’s no wonder Canadians overwhelmingly support its reduction.

Another interesting poll result: “While 42 per cent of those surveyed supported the government using artificial intelligence tools to resolve bottlenecks in service delivery, 32 per cent opposed it, with 25 per cent on the fence.” The authors of the poll say the “plurality in favour is surprising, given the novelty of the technology.”

Yet if 67 per cent of Canadians agree with significantly shrinking the federal bureaucracy, then solid support for using AI to increasing efficiency should not be too surprising, even if the technology is relatively new. Separate research finds 58 per cent of Canadian workers say they use AI tools provided by their workplace, and although many of them do not necessarily use AI regularly, of those who report using AI the majority say it improves their productivity.

In fact, there’s massive potential for the government to leverage AI to increase efficiency and control labour expenses. According to a recent study by a think-tank at Toronto Metropolitan University (formerly known as Ryerson), while the federal public service and the overall Canadian workforce are similar in terms of the percentage of roles that could be made more productive by AI, federal employees were twice as likely (58 per cent versus 29 per cent) to have jobs “comprised of tasks that are more likely to be substituted or replaced” by AI.

The opportunity to improve public service efficiency and deliver massive savings to taxpayers is clearly there. However, whether the Carney government will take advantage of this opportunity is questionable. Unlike private businesses, which must continuously innovate and improve operational efficiency to compete in a free market, federal bureaucracies face no competition. As a result, there’s little pressure or incentive to reduce costs and increase efficiency, whether through AI or other process or organizational improvements.

In its upcoming budget and beyond, it would be a shame if the federal government does not, through AI or other changes, restrain the cost of its workforce. Taxpayers deserve, and clearly demand, a break from this ever-increasing burden.

Matthew Lau

Adjunct Scholar, Fraser Institute
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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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