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’

They Are Inanimate … Dumb Objects.

 

Tools that is.

At least to me, but to my two sons-in-law (Ss-i-L), they are deserving of the utmost care, nay even love.

That said, I do have a favourite tool and that would be the ordinary hammer.

As I tell my Ss-i-L a hammer can be used for two useful purposes; it can build things up and tear things down. Indeed, when you think about it, that’s all one needs.

However, in the face of my non-interest in tools, come birthdays, father days, Christmas etc., my Ss-i-L take great delight in giving me tools – tools of all kinds.  I think secretly they do it for themselves since I am always getting them to “fix” something when they come over for family dinners.  So thinking ahead, they know that the what-you-ma-callit, will be at our home awaiting them.

But I get them back, when they get here and ask for the what-you-ma-callit, it cannot be found. I do not do it intentionally, all of my tools seem to go missing in action, sadly, even my hammers. (That is the reason I buy so many in a bid to have a least 1 findable if a need arises).

So now they are getting smarter, when they think they will be called upon to do some work, they  bring along their own tools.

But just this past Sunday, I caught the boys unawares. That is to say, without their fancy tools. Sunday afternoon saw the three of us parked in my garage putting together a BBQ – a BBQ that they had given to me which in itself warrants a Blog of its own – but I am of course dealing with tools today.

The instructions called for a screw driver with a certain type of head.  I pulled out my meagre tin can containing a few miserable tools which were not missing in action. J.F. picked up one and looked at it with disgust, he locked eyes with Oli and both looked like they had just lost their best friend.

“What’s wrong” I asked, “is it not the right kind”.

“Oh, it’s the right kind, but it is stripped and full of gunk”. 

“Oh, I was afraid, something was wrong”.

They keep trying but it is in vain.  I never have been particularly handy and it bothers me not in the least.

You know the adage, ‘measure twice …cut once’.

Mine is cut first and save yourself time.

It drives them nuts.

I also prescribe to the philosophy that if it is not worth paying someone else to do the job, the job is simply not worth doing.

And their tools are something to behold; huge tool boxes full of this, that and the other thing.  Names I could not even begin to pronounce.  But they know each and everyone one of them- clean shiny, and well oiled.

From time to time just out of fun, I ask them to leave their tools with me for a week ostensibly to finish up a job.  Well you would think I asked them to cut off their right arms.

I can’t blame them; give me a week and if the tools did not get lost, they’d be used and abused.

I remember one rare occasion when Oli did leave his tool box with me.  At some point that week I needed a tiny little screw driver … I had tried my hammer and my back-up - a kitchen knife, but neither worked …so I went to Oli’s box.

I never got round to returning the little thing to his box but when Oli arrived that Sunday the first thing he did was check it out and the second thing he did was to demand the return of his driver.

How would he know?  Amongst all those tools it took him but seconds to determine the tiny little screw driver was missing. 

I had to drop everything in order to keep peace in the family and eventually was able to find the missing item.  

I will keep on being me and I suspect my Ss-i-L will keep on being themselves – tools and all.

For their upcoming birthdays I think I will give them each a new hammer.  Might even get one or two for myself.

As I see it…

‘K.D. Galagher’ 

 

They Hate Harper … and it is …

 

Visceral … to the point of Irrational.

The “They” I am referring to include a good per-centage of the 2/3 rds of Canadians who, day to day, see themselves as being Liberal/NDP/Green.

As a known Conservative/Libertarian, I am confronted weekly by someone who takes joy in letting me know they do not like – that is to say,  Hate, Stephen Harper.

Had they read my Blogs, they would know that I am not his greatest fan, indeed, I have written that he should do the honourable thing and step down because I find it improbable that he did not know what his Chief of Staff was doing in the case of Mike Duffy.

But like I say, their hatred goes beyond reason.

Before I get to that though …

Let me spend a minute or two in regard to someone whom the term ‘hate’ might rightly apply, namely former Ontario Premier Dalton McGuinty.

Here is a man who single headedly did irreparable damage to our once great Province.  His successor, Kathleen Wynne, continues with that destructive in behaviour.

Economists tell us that Ontario will continue to under-perform – i.e. retain ‘have not’ status, until well into the 2030s and this assumes that Wynne and company begin immediately to turn the errant ship around. 

They won’t of course.

That said, I do not ‘hate’ McGuinty but I sadly disappointed in him. Even going back to when he was first elected Premier 10 years ago, he made 2 major promises and reneged on both:

First he promised to levy ‘no new taxes’ and immediately did was just that, and Second, he promised to provide significant aid to families with autistic kids and that was the last we heard from him on that important, humanitarian subject.

And then of course $billion dollar scandal after $billion dollar scandal.

But again, I do not hate the guy neither do I hate Wynne.

With that, let’s return to Harper.

I have pointed out in many of my Blogs what I see as his / his Party’s deficiencies, but I still believe he and his Party are better than the others.

Let me name but a few areas where I am proud to be a Conservative these days:

First, Canada is in many cases standing alone against world aggression and humanitarian atrocities and in that is filling in for our silent, pathetic President south of the border.

Our vanguard actions are several but is especially evident in defence of Israel and in opposition to Iran and more recently Russia. 

Harper, in regard to Sri Lanka’s injurious discrimination against their minority Tamils, was the only Prime Minister that boycotted the recent Commonwealth Summit held there. This was reminiscent to Mulroney’s sanctions against an apartheid South Africa. 

He has returned focusing on our History as a worthy endeavour.  As a student of history, I not surprisingly find this refreshing but I truly believe it is healthy for a nation to be aware of its roots or we will eventually find ourselves adrift in the present.

He has resisted the $Trillion Dollar Global Warming Scam – the greatest hoax to played on the world in our time.

He reduced the GST and allowed seniors to split their pension income with their spouses.

He is on record to the do the same for families with children.

And as a regular reader pointed out, his Government has kept Canada number 1 amongst the G-7 Nations since the financial meltdown of 2008 and yet the Haters have the temerity to say Harper has done nothing for Canadians !!

I could go on, but you get my drift.

So this past Saturday evening I was confronted with my weekly assault.

“I hate Harper” my friend said.

I responded “why is that”

“He has not done one thing to benefit Canada”.

Well my mind was going over the favourable items I mention above…my friend went on…

“Take minimum mandatory sentences for instance”.

“He as taken the right of sentencing from our judges”

(me) no he hasn’t, sentencing, like criminal law itself is a matter for Parliament to decide and not judges – Parliament gives judges a range of possible sentences and more recently has decided to impost minimum penalties in some cases because judges have too often shown themselves not to be up to the task.  (I will give you an example of an inappropriate sentencing below) 

“He is throwing too many people in jail and is costing millions in prison construction.”

(me)  Crime is down and prison populations have declined as our population ages.  The same has been experienced in other western nations most notably the United States.

“Violent criminals do not belong in jail because most of them are mentally ill”.

(me) most violent criminals originate with gangs and not the mentally ill.

(my wife Anne) and the mentally ill are living on the streets due to the McGuinty Government shutting down shelters for the mentally ill on mass.

(with this comment my friend merely blinked and carried on…let’s not get facts in the way of a good rant).

And now my story on why minimum mandatory sentencing is needed.

Several years ago my friends brother was out celebrating his Revenue Canada refund and when the clock hit midnight – his brother said he had to head home.  One chap with him – who the brother did not know – demanded that he buy him one more beer – the brother said know.

They offered him a lift home and on route the thug who had asked for another beer pulled out a handgun from under the seat and shot the brother cold dead.

The Thug got – 4 years and was out in 2.  Even if they had a minimum sentence for use of a handgun – he would have got 5 years … which even that is a joke.  He should have gone to the slammer for life.  Full Stop.

So when it comes to toughening sentencing this is another plus for Stephen Harper – but of course don’t try to tell that to the Harper haters.

All I ask of them is to keep their minds open at least as much as their mouths.

As I see it…

‘K.D. Harper’

SON OF TRUDEAU … Coming To Theatres

Near You,  Fall of 2015.

That dear reader is the election timing for the next Canadian Federal Election.  And Son of Trudeau of course is Young Trudeau, off-spring of the late Pierre Elliott. 

Currently, YT is the Leader of Canada’s 3rd Party the Liberal Party of Canada and on a few occasions I have written in support of his policies – for example, the decriminalization of marijuana.  (That war, dear reader, has been well and truly lost).

But I continue to refer to the young chap as YT since I know at heart that he is simply out of his league, drama teacher aside. 

No where is this more apparent than his comments given recently to an Iranian newspaper.

Here is what Justin had to say:

“ It’s important to talk to each other (Canada / Iran) and it’s especially important to talk to regimes that you disagree with and that disagree with you, and make sure that there is means of communications.”

Typical Obama tripe – whoops – I meant to say Young Trudeau tripe.

But in all seriousness, Obama could not have said it better and look where his talking has taken us.

Iran is on record as saying it wants to blast Israel from the face of the earth.  So what does YT expect to gain from talk with Iran; their agreement to just blast away half of Israel?

And, as I have consistently stated in numerous blogs, the greatest danger facing the world today is not Russian aggression but rather Iran obtaining the Atomic Bomb…and they are close, very, very close.

And nothing of a material value is being done to block their objective.

Except of course more talk?

In that regard it is indeed ironic that as one failure on the world stage will be bowing out .. Obama, another ‘talker’ … YT, may very well be assuming office.

And that is not that difficult to imagine – after all Obama, the worst president in American history was elected twice and McGuinty, Canada’s worst premier performed a three-peat. 

Hopefully by then, the US will find a President that is prepared to go beyond mere words and then should Young Justin prove successful, he can talk to himself. 

At least then he may find an audience who will listen.

As I see it …

‘K.D. Galagher’

 

 

Maybe It Is The Company One Keeps?

 

As in Laura Miller, former deputy chief of staff to the disgraced Dalton McGuinty and now Executive Director of the Liberal Party of British Columbia.

Here is what Dalton McGuinty had to say about his former staffers, including Laura Miller, just last week:

“In my office, it was my honour to serve alongside a hard-working and dedicated staff who, from top to bottom, were committed to the highest standards of public service.” 

And not to be outdone, and indeed to go one better, BC Premier Christy Clark had this to say about her Party’s new Director, Ms. Miller:

"She is a person of absolutely sterling character and she works incredibly hard for our party and for our province."  "She's a person of the utmost integrity and we're really, really lucky to have her in B.C."

But wait a minute, is this not the same Laura Miller whose significant other is no other than Peter Faist, the alleged ‘watergate type plumber’ who allegedly deleted the data on all 24 hard-drives in the Premiers’ Offices of Dalton McGuinty and Kathleen Wynne?

And was this not the same Laura Miller who had this to say to the all party committee investigating the Gas Plant Cancellation Scandal:

Mr. Victor Fedeli: I have the records now; don’t worry. We have them now. We know you’re in this up to your forehead in this gas plants scandal.

Ms. Laura Miller: I don’t really feel that I am, but thank you for that.

Mr. Victor Fedeli: Well, the 1,000 times you’re mentioned—you’re one of the pivotal people in this gas plant scandal, in the spin of it all.

Ms. Laura Miller: “Pivotal”?

Mr. Victor Fedeli: You’re organizing meetings about it.

Ms. Laura Miller: Can I quote you for my bio?

Mr. Victor Fedeli: Yes, you can.

Ms. Laura Miller: That’s great.

Mr. Victor Fedeli: It won’t be a very impressive bio when you’re talking about gas plant scandals—

I was unfortunate enough to hear this exchange on t.v. where it came across far worse than mere words on a page do.

I just wished I had been doing the questioning, I would not have been as polite to this ‘young miss’ as Victor Fedeli was.

And I say ‘young miss’ since no woman would have behaved in such a cavalier manner given the seriousness of the issue at hand … the waste of over $1,000,000,000 of tax payers’ money.

Indeed, I thought at the time of what two of my deceased Aunts would have done with her – Aunt Jean would have washed the little dear’s mouth out with soap, while my Aunt Ella would have given her head a good soaking in her ever present rain barrel.

But that is not all, last week before this same Queen’s Park Committee the Chief Cop investigating the scandal disclosed that Miller was one of 3  persons who have refused so far to be interviewed by him.  Not surprisingly, the other two were her said boyfriend and her former boss, David Livingstone for Chief of Staff to McGuinty.

And with that, I think again about McGuinty’s above words ‘hard-working and dedicated staff ….committed to the highest standards of public service’.

If young Laura’s above actions are examples of a ‘commitment to the highest standards of public service’, our standards have certainly taken a xxxx kicking in recent years.  (My apologies to my late Aunts … you and I know what they would have done to me).

As I see it …

‘K.D. Galagher’