Democracy Crisis In Canada

An Open Letter to His Excellency the Right Honourable Governor General of CanadaDavid Johnston C.C., C.M.M., C.O.M., C.D.

Excellency,

Canada is in crisis.  Citizens need you to exercise your authority and preserve our system of responsible government.

Canadians have become aware that, amid scandals and anti-democratic activity, Prime Minister Stephen Harper intends to request proroguing of Parliament in early June.  In as little as two weeks, the Prime Minister intends to silence debate, thus avoiding answering for his government’s actions. 

If successful, this will be the third occasion Prime Minister Harper has used prorogation avoid responsibility.  In 2008, PM Harper used prorogation to avoid a non-confidence vote.  In 2009, he used it to avoid answering for the Afghan Detainees scandal.  Now, he appears set to use prorogation to duck questions regarding his Chief-of-Staff buying a Senator, among other issues.

The Government of Stephen Harper has become the least-democratic and least-responsible government Canada has had.  Its offences against democracy are varied and numerous: Charter Rights violations; intimidating advocates; bullying government employees; terminating bureaucrats for exercising their duties; hindering or halting investigations; and much more. 

PM Harper denies the core principle of responsible government - that government be responsible to Citizens.  His actions have shown contempt for Canadians and for our democracy.  Stephen Harper uses omnibus budget bills to avoid debating legislation; even as Parliament readies to vote on the current budget, we still lack information on Budget 2012.  This Government stalls or blocks Access To Information requests, hides behind legal privilege, and, in the new Budget, will restrict Citizens from participating in public hearings.  The Conservatives routinely move committee discussion behind closed-doors, away from our scrutiny.  This Government has repeatedly refused to provide information on multiple issues, from the treatment of Afghan detainees to the cost of new fighter jets.  It has shut down departmental archives, thereby preventing Citizens from checking facts.  The Harper Government is now moving towards direct control of the Canadian Broadcast Corporation, thereby eliminating a key public accountability service.

The Conservatives have implemented frightening restrictions on our civil service.  The new Code Of Conduct policy requires all employees of the Government of Canada to be loyal to the Harper Government; to not speak against it, even in private; and to obtain approval for public statements.  Failure to comply results in loss of employment.  This policy not only violates our Charter Rights to freedom of thought, belief, opinion and expression; it also violates the Canada Labour Code, as it prevents union members from disagreeing with the government.  This Duty of Loyalty policy has already seen extensive use against our scientists and librarians.  And recently, civil servants received emails linking them to the Harper Government’s Economic Action Plan, and inquiring how they will vote in future - an obvious attempt at voter intimidation, and a gross offence against democracy.

The Harper Government has also targeted Canada’s volunteer sector for loyalty.  The Canada Revenue Agency has notified charities that engaging in activities deemed ‘political’ will cost them charitable status.  Not-for-profits risk audits for similar activity.  Step by step, this government is stifling dissent, stamping out discourse, and erasing the rights of Canadians.

This government is acting against the best interests of Canadians, is refusing to be responsible to the Citizens, and appears bent on creating an autocracy in the person of Stephen Harper.  The Loyal Opposition is unable to hold this Government to account.  PM Harper has engineered and manipulated the Senate to guarantee his domination. Citizens who protest are either ignored by Harper or targeted for intimidation.  The voices of Canadians are being silenced.

We cannot simply wait two years for election day.  By then, irreparable damage will have been done to our democracy.  Stephen Harper will have made it difficult, if not impossible, to oppose him.  In two more years, we may no longer have elections at all.

Excellency, Canadians need you.  Citizens cannot themselves legally stop this Government.  Action must be taken now to preserve democracy.  Otherwise, our future is bleak.

As a Citizen, I humbly request, Excellency, that you discharge the duty entrusted to you: to preserve our democracy.  I request that you exercise your authority as Head of State for Canada to remove from office those who have violated the sacred trust placed in them by Citizens.  Please, restore balance to our system. 

Do not prorogue parliament and permit another loophole-escape from public accountability; ensure that we Citizens learn the truth. 

Under Section V of the Letters Patent, please remove from office such Senators, Ministers, Members of Parliament, or other individuals - of any party - who have acted against Citizens, who sought personal gain over duty, or who have otherwise disgraced the values of responsible government and democracy. 

Withhold or withdraw Royal Assent from any and all legislation which runs counter to the Charter, or to the principles of democracy. 

Act within your power to lift policy and legislative restrictions on dissent and discourse, as all Citizens should be able express their political views without fear of retribution.

When Citizens have been able to review the actions and behaviour of those who act in our names, and when democratic balance has been restored, please dissolve Parliament that Canada might have a proper, free, and fair election. 

As you noted recently, Excellency, a Governor General’s reserve powers are rarely used, but are of supreme importance to preserving democracy.  The time to act has arrived.  Canada needs you.  Democracy needs you.  We Citizens need you.

Please, save our democracy.

Respectfully,

Jeff Rose-Martland

Citizen of Canada

For their own good.

Whatever happened to pro bono publico? The idea that lawyers would do work to help the public in order to ensure equality before the law and to help individuals who could not afford to pay them? Where did that concept go?

 Last August, the GG said law firms in Canada donate less than 3% of their time to this fundamental legal ideal. 3%? You could have knocked me over with a feather. Because, as near as I can tell, that might be a couple of firms using ALL of their time, while the rest don't do any pro bono work.

 Because I've been pitching a simple case for a veteran who was mistreated. There is nothing complex or convoluted and it should be able to be resolved with a few letters written. I've approached dozens of lawyers and SIX pro bono societies. Response rate? 1. Not 1%, 1 response. And repeated querying of the societies supposedly dedicated to doing this work has not resulted in a single word. In my experience, the GG's estimate is grossly overinflated.

 Which leads me to suspect that every negative thing said about lawyers may be true. Because if not one will step up to help an impoverished veteran, then the profession really believes pro bono pocketo.