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Frontier Centre for Public Policy

The Worrisome Wave of Politicized Prosecutions

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Unusual punishment: The 2022 truckers’ protest at the Coutts, Alberta border crossing (top) led to charges against four men (bottom left to right), Chris Carbert, Tony Olienick, Jerry Morin and Chris Lysak; Morin and Lysak were held in custody for almost two years while the other two are still in prison. (Sources of photos: (top) The Canadian Press/Jeff Mcintosh; (bottom) CBC)

From the C2C Journal

By Gwyn Morgan

Shaping criminal charges, bail decisions or prison sentences around an accused person’s political or religious beliefs is utterly odious – a hallmark of tinpot tyrannies and totalitarian hellholes. Such practices have no place in any constitutional nation, let alone a mature democracy that presents itself as a model to the world. But that is increasingly the situation in Canada, writes Gwyn Morgan. Comparing the treatment of protesters accused of minor infractions to those of incorrigible criminals who maim and kill, Morgan finds a yawning mismatch that suggests political motivations are increasingly a factor in today’s criminal justice system.

On January 29, 2022, a small convoy of trucks headed down to the U.S. border crossing at Coutts, Alberta to join in the nationwide protests against the Covid-19 vaccine mandate that the Justin Trudeau government had recently imposed on cross-border truckers – the very people Trudeau had previously described as “heroes” for delivering food and other essentials in the depths of the pandemic. Joined by many locals in pickup trucks and farm machinery, the truckers’ border protest turned into a full-scale blockade that would last 17 days. Just as it appeared to be settling into an extended stalemate, heavily armed police tactical teams swooped down upon several locations and arrested 14 protesters, charging four with the ominous crimes of conspiracy to commit murder (of police officers), mischief, a raft of weapons offences and uttering threats. These were bewildering accusations given the overall context of the event.

As the blockade almost instantly dissolved given that none of the protesters wanted to be linked to potentially violent offenders, the four men – Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick – were locked away. Lysak and Morin spent 723 days – nearly two years – in pre-trial custody, 74 of which Morin was kept in solitary confinement. Finally, after their new lawyer, Daniel Song, filed a Charter of Rights and Freedoms application demanding that the courts re-examine the case, the Crown suddenly accepted a plea deal on much lesser firearms charges. One month ago – on February 6 – Morin and Lysak were abruptly released. But they had already served the equivalent of a typical sentence for a serious crime in Canada – manslaughter or assault, say. Hard-working tradesmen with young families, Morin and Lysak will never get those two years back. Carbert and Olienick remain in prison and still face the full raft of charges; their trial is to begin in May.

Contrast this with the recent case of a mother and daughter – Carolann Robillard and Sara Miller, 11 – who were fatally stabbed in a horrific random attack outside an Edmonton school. Their accused killer, Muorater Arkangelo Mashar, had a long criminal record of assaults, assault with a weapon and robbery; he had been released from custody 18 days prior to the murders. Such events are no longer exceptions in Canada’s criminal justice system. They’re not cases of someone “falling through the cracks” – getting out due to a glitch or individual act of incompetence. They are routine. This is how things are now done in Canada. Vancouver police, for example, catch and release the same criminal offenders over and over, sometimes close to 100 times, because they always make bail.

By contrast, the four Coutts protesters were repeatedly denied bail despite having no criminal records. For this reason, social media users raised the possibility that they were, in effect, political prisoners being persecuted for having stood up so defiantly against the vaccine mandate and embarrassing Trudeau. Just a week or so following their arrests, over 3,000 km away on Parliament Hill, the Trudeau government moved against a peaceful protest that was breaking no significant laws other than, possibly, some municipal noise ordnances and parking bylaws. Police arrested and incarcerated four prominent protesters whom there was no credible basis to imprison and hold without bail. Of the four, Chris Barber was released within a day. Pat King and George Billings, however, were denied bail despite facing only minor mischief charges; they would spend months in jail. Billings eventually pled guilty to one charge and was released, while King’s trial has yet to begin.

Political prisoners: At the Freedom Convoy protest in Ottawa (top), police arrested (bottom left to right) Chris Barber, Pat King and George Billings; Barber was released but King and Billings were denied bail despite facing only minor mischief charges. (Sources of photos: (top) Maksim Sokolov (Maxergon), licensed under CC BY-SA 4.0; (bottom left) Public Order Emergency Commission; (bottom middle) Calgary Herald; (bottom right) The South Peace News)

The treatment of the fourth prominent protester was especially egregious. The day before police wielding the draconian powers of the federal Emergencies Act moved in to forcibly break up and disperse the Ottawa protesters from Parliament Hill and Wellington Street, they arrested a woman who had journeyed across the country to serve as co-organizer and spokesperson for the protesting truckers. Tamara Lich, a Métis grandmother from Alberta, was criminally charged with “one count each of mischief, intimidation, obstructing a highway and obstructing a police officer, as well as five counts of counselling others to commit those same charges.” It’s hard to imagine how this petite, soft-spoken woman could “obstruct police or intimidate” anyone. Handcuffed between two towering federal police officers, Lich was placed in solitary confinement in a dungeon-like cell with a tiny window 5 metres above her head.

Section 515 of the Criminal Code of Canada covers Judicial Interim Release – the formal term for bail – and states in part: “…the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.” The Criminal Code also specifies that bail should be granted with the fewest conditions possible and should consider the person’s background, criminal record and any threat their release might pose to the public.

Lich spent two weeks in jail and was then released under strict and stifling bail conditions that went beyond what is typically imposed even on accused bank robbers or murderers, including a prohibition against using social media and orders not to communicate with anyone associated with the convoy. That summer, the Justice Centre for Constitutional Freedoms selected Lich as the 2022 recipient of its annual George Jonas Freedom Award “in recognition of her outstanding dedication to the cause of freedom.” At the awards ceremony in Toronto, Lich was photographed with another person associated with the convoy. She was then rearrested in Alberta, handcuffed and shackled, and flown back to Ottawa. She spent another 30 days in prison before again being released on bail after a different judge ruled that there had been “no significant interaction” at the awards ceremony – though the judge did not strike any of the oppressive bail conditions themselves.

Convoy organizer Tamara Lich, a Métis grandmother from Alberta, was put in solitary confinement on charges of mischief and “intimidation” then released with draconian bail restrictions; she was later re-arrested after a gala in Toronto (right) and sent back to jail for 30 days. (Sources of photos: (left) X; (right) Facebook/Stacey Kauder)

Around the same time, Randall McKenzie, a habitual offender charged with weapons violations and assaulting a police officer, was set free with no conditions other than periodically reporting to his parole officer. On December 27, 2022, Ontario Provincial Police Constable Greg Pierzchala was murdered in an ambush-style attack; McKenzie and his girlfriend stand accused of the horrific crime. Again, such events now occur with sickening regularity. Just three months previously, habitual violent offender Myles Sanderson went on one of Canada’s worse-ever rampages, stabbing 10 people to death, including his own brother, and wounding another 18 on the James Smith Cree Nation in Saskatchewan. Over the years Sanderson had racked up the impossible-sounding total of 125 criminal charges plus numerous parole violations, but had been again let out because a parole board member deemed he “will not present an undue risk to society.”

In stark contrast to the treatment of freedom protesters, hardened criminals such as (left to right) Muorater Arkangelo Mashar, Randall McKenzie and Myles Sanderson have been routinely set free with no enforcement of their bail conditions, and then go on to commit more horrific crimes. (Sources of photos: (left to right) Global NewsThe Hamilton SpectatorCBC)

In contrast to Mashar, McKenzie, Sanderson and many hundreds of other criminals, it is inconceivable that Tamara Lich could be considered a risk to anyone. She has no criminal record. And under Canada’s warped justice system her Indigenous background should have worked to her advantage in providing even lighter than normal treatment. Lich would probably recoil at asking for such a thing, but the Crown and court are obliged to consider it.

All of that went out the window in Lich’s case, however. In opposing bail at one of her several such hearings, Crown Prosecutor Moiz Karimjee told the judge the government might well seek a prison sentence of 10 years – something never previously imposed in Canada for a mischief charge and fully in keeping with sentences for murder, bank robbery or violent sexual assault. It is difficult to avoid concluding that people in high office wanted the court to teach Lich and the others a lesson – and send a message to dissidents across the country.

Whether or not there has been direct political interference, Canada’s justice system is no longer entirely trustworthy. Just two months after the forcible takedown of the Ottawa protests, no less a figure than Richard Wagner, Chief Justice of the Supreme Court of Canada, described the Freedom Convoy protest as “the beginning of anarchy where some people have decided to take other citizens hostage.” It was a grotesque exaggeration, but it wasn’t all that Canada’s highest-ranked impartial jurist had to say. “Forced blows against the state, justice and democratic institutions like the one delivered by protesters,” he declared, “should be denounced with force by all figures of power in the country.” Who outside a dictatorship even talks that way?

Supreme Court Chief Justice Richard Wagner speaks during a welcoming ceremony, Thursday, October 28, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Lich’s trial, together with that of convoy co-organizer Barber, finally began last September in the Ontario Court of Justice. It was expected to finish by mid-October but has been taking much longer. After adjourning in December, it resumed in January but was interrupted again after one day. Further hearings are to be held this week. The completion date is uncertain due to limited court time and the tenacious, tireless defence by the formidable Lawrence Greenspon, which appears to have rattled the prosecution.

Tamara Lich, Pat King, George Billings, Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick have spent a cumulative total of more than 3,200 days in jail – nearly 9 years – and this total will climb further because two of them remain in prison awaiting trial. Meanwhile, Canada’s bail laws continue to allow violent habitual offenders loose after just a few days in custody, while the parole system leaks like a poisonous sieve.

One of the cornerstones separating a democracy from a dictatorship is the prohibition of government interference in the judicial process. But in 2013, the then-aspiring political leader Justin Trudeau stated, “There is a level of admiration I actually have for China[’s]…basic dictatorship.” Even worse, Trudeau named China as the government he admired most in the world. Since then, Canadians have been given reason to believe he meant this literally.

Punishing dissent: The treatment of the freedom protesters under Justin Trudeau’s government seems disturbingly similar to the behaviour of totalitarian regimes in China, Russia and the former Soviet Bloc. Shown at top, Chinese Christians (left) and Uyghur inmates (right) jailed in China; at bottom, political dissidents in Russia (left) and Kazakhstan (right). (Sources of photos: (top right) The Guardian; (bottom left) Ilya Pitalev/RIA Novosti; (bottom right) Epa-Efe/Igor Kovalenko)

Given the facts at hand, given the Prime Minister’s venomous rhetoric against his opponents, given his repeated ethical lapses, and given that he has interfered in at least one prosecution before, it is hard to escape the conclusion that Lich and the others are political prisoners being persecuted at the behest of the Trudeau government. Whether this is due to key players in the justice system reading the implicit signals and acting accordingly, or due to direct interference, we cannot say – and might never know for sure. Either way, Canadians should be revolted. One thing we do know: news of yet another murder or egregious assault by a violent offender out on bail will come all too soon.

Gwyn Morgan is a retired business leader who was a director of five global corporations.

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Don’t be fooled by high-speed rail

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From the Frontier Centre for Public Policy

By Randal O’Toole

Rail advocates admit that trains can’t compete with airliners over long distances or with cars over short distances but claim there is a middle distance – supposedly around 150 to 800 kilometers – in which rail has an advantage over its competitors. That would be true only if the trains were almost 100 percent subsidized.

The Canadian government is considering spending $6 billion to $12 billion to introduce what it calls “high-frequency trains” between Toronto and Quebec City. Though some media reports have described these as high-speed trains (which generally means trains capable of going 250 kilometers per hour), they won’t be. Building such a rail line would easily cost $60 billion and probably much more.

Passenger-train advocates argue that Canada needs to join the international race to have the fastest trains in the world. But this is a race Canada can afford to lose because the country has something that is faster and far less costly: jet airliners.

High-speed trains were already obsolete in 1964, when Japan started operating its first bullet trains. Six years before that, Boeing had introduced the 707 and Douglas the DC-8, both of which cruised four times faster than the early bullet trains and twice as fast as the fastest trains in the world today.

Aside from speed, airliners also have a huge cost advantage because they don’t require a lot of expensive infrastructure between cities. While airports are infrastructure, the only infrastructure airliners really need are paved runways and perhaps a Quonset hut for ticket agents, baggage handling, and a waiting room—which is all that some of Canada’s more remote airports have.

Today’s big-city airports with huge concourses, shops, and jetways were built up over time and mostly paid for out of ticket fees. In contrast, rail advocates want taxpayers to put up tens of billions of dollars before a single wheel turns in the hope that trains that are slower than flying, less convenient than driving, and more expensive than both will somehow attract a significant number of travelers.

Rail advocates admit that trains can’t compete with airliners over long distances or with cars over short distances but claim there is a middle distance – supposedly around 150 to 800 kilometers – in which rail has an advantage over its competitors. That would be true only if the trains were almost 100 percent subsidized.

Air Canada and its competitors currently offer more than three dozen flights a day between Toronto and Montreal with fares starting at $118, less than 25 cents per passenger-kilometer. Fares on VIA Rail Canada averaged 68 cents per passenger-kilometer in 2022, and more than half of its costs are subsidized. People are simply not going to ride high-speed trains in large numbers if those trains cost far more than airlines, buses, or driving.

Amtrak’s only high-speed train, the Acela, collected fares of CN$1.80 per passenger-kilometer in 2022, and while Amtrak claims it covers its operating costs, all of its infrastructure costs are paid for by taxpayers. Amtrak brags that it carries more passengers in the Washington-New York corridor than the airlines, but cars and buses in this corridor carry well over 10 times as many intercity passengers as Amtrak.

The other argument rail advocates make is that high-speed trains will offer shorter downtown-to-downtown times than airlines in some markets. But most people neither work nor live downtown. Toronto and Montreal each have three commercial airports and residents are more likely to be near one of those airports than downtown.

Finally, rail proponents claim that high-speed trains will emit fewer greenhouse gases than cars or planes. But as usual they ignore the construction costs—that is, the billions of kilograms of greenhouse gases that would be emitted to build a high-speed rail line. It is likely that operational savings would never recover this cost, especially since it would be far less expensive to power jets and automobiles with biofuels.

One thing is certain: building high-speed or even high-frequency rail will require lots of workers. Far from being a benefit, Canada is currently suffering a labour shortage that is not expected to end soon. If the government decides to spend billions on a rail line, it will only make the costs of housing, cars, and just about everything else rise even faster.

China, Japan, and Spain have practically wrecked their economies by spending too much on high-speed trains. Just because other countries are foolishly building high-speed rail lines doesn’t mean Canada should do so any more than the country should spend billions on other obsolete technologies such as telegraphs, electric typewriters, or slide rules. Taxpayers should tell the government not to waste money on such boondoggles.

Randal O’Toole is a transportation policy analyst and author of Building 21st Century Transit Systems for Canadian Cities. (20 pages) March 12,2024.

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Frontier Centre for Public Policy

The tale of two teachers

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From the Frontier Centre for Public Policy

By Jim McMurtry

Some have criticized me for stating that the good, as well as the bad, of residential schools should be recognized. I stand by that statement…. Others have criticized me for stating that the Truth and Reconciliation Report was not as balanced as it should be. I stand by that statement as well.

At L.A. Matheson, a high school in Surrey, B.C., a poster in Annie Ohana’s classroom suggests society is too moralistic about sex work, the quote coming from an avowed Satanist. National Post writer Jamie Sarkonak described her classroom in this way: “The walls are covered with Social Justice posters. Some of them sloganeer about ‘decolonization,’ others ‘inflame racial politics.’” Ohana drapes herself in a Pride flag and speaks openly of her pansexuality as well as her subscription to wokeism, identity politics, Social Justice, and DEI.

In March Ohana appeared on CTV after being roundly criticized on X by an Ottawa teacher, Chanel Pfahl, the latter chased out of the profession a few years ago for questioning Critical Race Theory. Ohana said that Pfahl “seems to be making a lot of assumptions that were simply based on misinformation, lies, and in fact, puts myself and other teachers and students and my community in danger.” She also argued she was teaching about “critical thinking” and creating “empowered citizens that can speak up for themselves.” A Canadian flag hangs forlornly in her classroom, atop it is scrawled, “No pride in genocide.”

So far, she has faced no direct consequences for her political position or trying to indoctrinate her students. Indeed, she has won three teaching awards.

I, on the other hand, was walked out of my classroom and career for suggesting the only thing buried in Kamloops was the truth. In the eyes of my employer, I had put students and the community in danger by saying students who died while enrolled at a residential school did so from disease and not murder.

Northrop Frye wrote in The Great Code that the aim is “to see what the subject means, not to accept or reject it.” There is nothing wrong with the teaching of either me or Ohana as long as we are not steering students toward belief. In a 100-page investigation report on my teaching, an assistant superintendent of the Abbotsford School District wrote:

It in my view cannot be overemphasized that Mr. McMurtry having no knowledge of his students and more particularly whether any of these students had Indigenous descent in making his comments that provoked a strong student response and which was contrary to the school’s message of condolences and reconciliation. Regardless of his intent he left students with the impression some or all the deaths could be contributed to ‘natural causes’ and that the deaths could not be called murder or cultural genocide.

My fault was that I didn’t promote a “message of condolences and reconciliation.” Not only was this message never communicated to teachers, the message runs counter to the educational aim of seeing what a subject means. The message is also that the deaths of at least some Indian residential school children were attributable to murder, for which there is still no evidence.

Senator Lynn Beyak was the first prominent Canadian to wade into the increasingly turbulent waters of Indian residential schools. Labelled a racist and facing the prospect of ejection from the Senate, she retired in 2021 from her senate position but not from her convictions.

Some have criticized me for stating that the good, as well as the bad, of residential schools should be recognized. I stand by that statement…. Others have criticized me for stating that the Truth and Reconciliation Report was not as balanced as it should be. I stand by that statement as well.

George Orwell wrote in 1945 in an introduction to Animal Farm, “At any given moment there is an orthodoxy, a body of ideas of which it is assumed that all right-thinking people will accept without question. It is not exactly forbidden to say this, that or the other, but it is ‘not done’ to say it.” Queen’s law professor Bruce Pardy wrote last year: “A new standard of practice is emerging for Canadian professionals: be woke, be quiet, or be accused of professional misconduct.”

Annie Ohana is a better approximation of that mythically average teacher than I. Most teachers appear woke or know enough to be quiet and go along, standing for land acknowledgments, using individualized pronouns with students, speaking of gender identity and sexual orientation, distinguishing students based on race, reading Social Justice books over literary classics, and accepting revisionist history. They go to school wearing the right colour for the occasion: rainbow, pink, orange, red, or black. At staff meetings they are woke and quiet.

I am an avatar of Lynn Beyak, standing outside the orthodoxy and condemned by “all right-thinking people.” Our issue is also the same. Indian residential schools were not the genocidal project that federal members of parliament voted as a genocide on October 27, 2022.

The Truth and Reconciliation Commission, headed by two Indigenous men and a woman married to an Indigenous man, travelled for six years across Canada, and heard from 6000 former students. The Commission’s bias was evident in its final report:

Physical genocide is the mass killing of the members of a targeted group, and biological genocide is the destruction of the group’s reproductive capacity. Cultural genocide is the destruction of those structures and practices that allow the group to continue as a group. States that engage in cultural genocide set out to destroy the political and social institutions of the targeted group. Land is seized, and populations are forcibly transferred and their movement is restricted. Languages are banned. Spiritual leaders are persecuted, spiritual practices are forbidden, and objects of spiritual value are confiscated and destroyed. And, most significantly to the issue at hand, families are disrupted to prevent the transmission of cultural values and identity from one generation to the next. In its dealing with Aboriginal people, Canada did all these things.

What the final report does not mention is:

o   the educational value of the schools;

o   the alternative was no education at all in remote areas where a day school was not feasible;

o   that both Indigenous chiefs and parents saw them as a treaty right and petitioned to keep them open into the sixties;

o   that parents had to apply to send their children to residential schools;

o   that the mandatory attendance which began in 1920 was to go to school (one-third going to day school, one-third to residential school, and one-third never going to any school);

o   that the schools took in orphans and served as a refuge for children and in some cases adults who were abused on the reserve or without the necessities of life; and

o  that many former students testified their time there was the happiest in their lives.

My natural allegiance is to fellow teachers, and I don’t doubt that Annie Ohana and others within the Critical Social Justice educational movement teach their students about critical thinking and create empowered citizens that can speak up for themselves. However, such critical thinking should also be directed against the orthodoxy these teachers are imposing on captive groups of students. As well, if their students are indeed empowered citizens, they should come to their own conclusions, no matter the ideological perspective of their teacher.

 Jim McMurtry, PhD, was formerly a principal of Neuchâtel Junior College in Switzerland and a college lecturer, but mostly he was a teacher. He lives in Surrey, B.C.

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