There Goes The Supreme Court Of Canada Again…but this time it got it right

 

This Friday we finally got the long awaited ruling from the SCC in regard to the Government’s Reference on how to Reform or Abolish the Senate.

And you know what?

The Court got it right …they stuck more or less to interpreting the law rather than making it. 

As you know, I have been highly critical of the way in which matters of social importance have been handled by our courts rather than where they should be dealt with - in our Parliaments.

But in the Reference at hand the top court did what it should do – it looked at the state of the law – i.e. our Constitution and concluded rightly that in our Federation, the Provinces must be involved in the process.

As a Rule of Thumb, you can usually tell when the Courts exceed their jurisdiction in this important area; its when they rule that something can be done – i.e. gay marriage.  And conversely, you can usually tell when they act within their jurisdiction, it happens when they say something cannot be done – as in the Reference Case.

In the first instance they are making new law and in the latter instance they are interpreting the law which as I have said on many occasions is their prime function.

But with its decision we are left with an anachronism – an appointed Senate belonging to the 19th Century and not now.

I have made my views abundantly known as to what I think needs to be done with the Senate – Abolishment.  And the Court has stated that such an action would require unanimous approval of all 10 provinces.

Hard to accomplish but not impossible:

If I was Harper I would go to each Premier behind closed doors and first say to the Have-Not ones – if you want your federal transfer payments to continue – climb on board.  To the few Have Provinces I would find a way to bribe them in some other fashion – but would not find any, in that small group, intransigent.

The same process could be used if Harper wanted to Reform the Senate (i.e .have it made elected) and the hurdle is less onerous - 7 provinces with 50% of the population.  

But I would not recommend the Reform route; the last thing Canada needs is a second chamber with a mandate.  It would merely result in gridlock ala the USA.  Plus under our Constitution the Provinces have their own rights and responsibilities so they do not need any special protection at the federal level.

What we do desperately need though is a functioning House of Commons.  Right now they are but trained seals of the Prime Minister’s Office.  They need to have Committees with teeth and ample research capacity.  MPs need to be able to represent their constituents as much as their party.

Money saved on dissolving a useless Senate could be used to jump start the Reform of the House.

If though we continue to go on as we are, nothing of substance will be done to correct the democratic deficit which is afflicting our system of government.

As I see it …

‘K.D. Galagher’ 

 

OKAY YOU BE THE JUDGE …

 

This past week, the RCMP announced that it did not have sufficient evidence to lay charges against Harper’s former Chief of Staff in regard to the latter’s gift of $90,000 to now suspended Senator Mike Duffy.

So I am throwing it over to you to decide, on the known facts, whether or not charges should have been laid.

First of all, Harper has stated that he fired his Chief of Staff for making this $90k payment.

Then we have the former Chief of Staff admitting that he gave this money to Duffy, a sitting legislator, to enable him to repay monies owing to the Senate which the Senate said were improperly paid to Duffy.

Then we found out that upon receipt of this $90k payment the Senate amended its draft report concerning Duffy to make it less offensive.

Then Duffy himself admitted that he lied to the public as to the source of $90,000.

So with that in mind, I recite the definition of bribery, ‘money given to influence the judgment or conduct of a person in a position of trust’.

How would you rule?

Not to influence your decision, but of note, Democracy Watch, a non-partisan advocacy group, is now actively considering the launch of a private criminal prosecution given the reticence of the police to do so.

That said, the greater issue in all of this for me is what I perceive to be a growing lack of respect for police forces in our society.

First of all, the RCMP, as well as the OPP, appear to have become politicized.

My faith in the RCMP first took a tumble in the infamous RCMP barn burning fiasco during the FLQ crisis of the 60s and 70s.  More recently I have to question why the RCMP felt it necessary to announce at the height of the 2006 federal election that it had launched a criminal investigation against then liberal finance minister Ralph Goodale? 

Even as a Tory I was offended by their egregious lack of discretion. 

And as for the OPP why did has it allowed native terrorists to run amuck at Caledonia to this very day, even to the point where it disobeyed Judge ordered injunctions directed at them to move against the natives?

And then you have the trigger happy city police forces too often killing mentally disabled people… bringing guns to a knife fight.

Police Forces losing our trust through bad decisions; Judges making laws rather than interpreting them; if respect is on the decline for them, whom can we trust?  Our politicians?

In all of this … something appears to be rotten in the State of Denmark or should I say in the State of Canada.

As I see it…

‘K.D. Galagher’

Between a Stone and a Hard Place …

 

As in Keystone Pipeline.

The little fellow currently in the White House has, as you know, once again delayed approval for the Keystone Pipeline intended to transport Alberta Oil  to Texas refineries.

First, I am not at all surprised by this … I believe in my year to come review I said that this is exactly what would happen.

The guy – the little fellow in the W.H. is a disaster in all things, so why not in regard to the Pipeline too?

He would rather enrich Arab Sheiks who fund Muslim Terrorists, than buy oil from America’s best friend and ally. 

Many had thought that with the current threat from Russia, the little guy would now be forced to get North American energy in safe order … but no.

And why so?

First the little guy is thick … he cannot help being stupid; second, he does not want to offend his Hollywood friends and other Eco Nuts who adamantly oppose Keystone.

So where does that leave us in Canada?

The best thing we have going for us economically are the Oil Sands – but thanks to Obama we cannot get it to the States – our natural consumer.

Bsut not only that, US eco wackos are funding anti oil sands initiatives here in Canada.

Ergo my comment of being between a stone and a hard place.

Simply stated … we are scuppered.

So what to do Galagher?

I am glad you asked.

If I were the Prime Minister, I would impose the War Measures Act and push through the Alberta Pipelines to the West and East on a war footing.

And technically we are at war … with Al Qaeda and the cold war with Russia has returned with a vengeance. 

With our manufacturing sector in steep decline, we can no longer afford to let such an asset as our Oil Sands continue to underperform.

If the Courts rendered injunctions, as surely they would, I would simply ignore them in the same fashion that McGuinty ignored court ordered injunctions against native terrorists in Caledonia.

Our oil and gas assets are simply too valuable to continue to waste… the time has come to get them to new markets and when the US comes cap and hand to get in on the action, we’ll simply say to them – you are a day late and a dollar short.

So Sorry.

As I see it…

‘K.D. Galagher’