FELDSTED: We have built an enviable legal framework for democratic rule of our society, but in practice ignore the rules we have created

Positive? Ambitious? Hopeful?
Most Canadians would think not

The Justice Committee is dominated by Liberals.

The Liberals are dominated by Trudeau.

Ipso facto, we have been watching a PMO directed stage play. The script calls for civil servants (Butts, Wernick) to be given equal status to Cabinet Ministers.

The plot is thin, but twofold.

First, deny that repeatedly asking the former Attorney General (Jody Wilson-Raybould) to revisit her Lavalin decision and to allow a deferred prosecution agreement is not “pressure”. No sleep deprivation, waterboarding, torture, or anything else to see here folks.

Second, make this all about saving jobs. The government can be forgiven for bending the rules and bullying cabinet ministers to protect people from losing their livelihoods.

While Wilson-Raybould was muzzled by a partial lift of confidentiality clauses, Butts, elevated to an inappropriate status, was free to comment on everything Wilson-Raybould could not address. Butts was not constrained by cabinet confidentiality while Wilson-Reynolds was. There has been no comment by the opposition or in the media on that committee procedural failure and flaw. Procedural fairness was ignored.

One of my readers put it succinctly:

I keep waiting to hear someone say “Cut! That’s a wrap people.” and find out this is a made for TV movie.  This whole thing stinks of the old boy’s club from “A Few Good Men”, the behind the scene games of “Jason Borne” and the saga of a women verses big power in “Erin Brockovich”. I can only hope that like in the movies, the underdog rises and puts corruption in place. 

Anything short of an independent inquiry by a politically neutral person empowered to subpoena witnesses and have them testify under oath will not bring out the truth.

What our system lacks is truly independent watch dogs.

The Ethics Commissioner, Parliamentary Budget Officer, Elections Commissioner, Lobbying Commissioner and a (new) Justice and Legislation Commissioner should all report to the Governor General, not to Parliament and the Governor General, not the government, should make the appointments to these posts.

In our system, a majority government can impose its will which is dangerous without independent and non-partisan oversight. A majority government can bury or ignore recommendations made by watch dogs reporting to parliament. We have dozens of reports and results from inquiries gathering dust in the parliamentary library as evidence of the government of the day burying recommendation for improvement.

While balanced Standing Committees (50% government, 50% opposition) would help, opposition parties have fallen into a trap of opposing everything rather than providing constructive criticism, and alternative solutions, to problems. Decades of opposition members being obstructive rather than constructive raises the prospects of balanced committees resulting in getting nothing done, which is no better than having legislation rammed through.

We have spent nearly eight decades developing a dysfunctional federal governance system that is not compatible with our constitution. We give lip service to concepts and principles such as the rule of law, equality of persons, equality before and under the law, ethical, open and transparent governance, gender equality and so on.

We have built an enviable legal framework for democratic rule of our society, but in practice ignore the rules we have created.

Political parties, the powers behind the scenes and parliamentarians have no incentive to change from the familiar and safe environment they have created for themselves. That environment does not serve Canada or Canadians. We will not see change until electors and taxpayers open a dialogue on the flaws they see and demand change.

There is a reason why discussion of politics is considered politically incorrect. The political class is protecting its turf. They do not want us to dig into what they actually do and criticize what we see. We need to get involved and upset some apple carts. The alternative is to keep being treated like tax serfs whose income governments can seize at will through taxation. That is not accountable or responsible government.

Take 10 minutes to review this jurist’s assessment of Butt’s presentation to the Justice Committee. It will shed light on many Lavalin issues: https://youtu.be/vNCZnVu7Zp4

John Feldsted

Political Consultant & Strategist

Winnipeg, Manitoba