Today Chief Justice Beverley McLachlin was a guest on CTV's Question Period with host Kevin Newman. Unfortunately, unlike the US Supreme Court justices who judging by Fat Tony Scalia's verbal diarrhea and habit of foul and threatening gestures from flipping the bird to Sicilian death threats, she was limited to discussing platitudes about the difficulty of access to justice for normal non-one percenters and that the Charter was becoming a "mature" document. She apparently isn't allowed to discuss the recent atrocious ruling that overturned the lower court ruling invalidating the Etobicoke Centre election of Ted Opitz thus restoring Mr. Opitz to his seat by now only six votes, instead of the previous 26. I wrote about his a couple days ago. Today Robin Mathews has weighed in with his analysis of this further attack on the democracy that USED to prevail in Canada before the Harper Government (tm) began the conversion to Chinada. As usual Robin connects many of the dots, showing how the prorogations, GG Johnson, the Oliphant Inquiry and the robo-calls and the "in and out" scam are all parts of the same general multi-front attack on Canadian Democracy and Canadians.
The Supreme Court of Canada
Drives A Dagger Through The Heart
of Canadian Democracy.
by Robin Mathews
The betrayal of Canada by four judges of the Supreme Court of Canada
trumpets the collapse of one of the primary protectors of Canadians – Canada’s
highest court. The decision of the four judges to deny the challenge presented
by Boris Wrzesnewskyj concerning the 2011 election in Etobicoke-Centre is
irrational, irresponsible … and it may be much more.
Canadians must see that the protectors of their freedoms, of their democracy,
are falling like ten pins before their eyes. The Supreme Court of Canada is
just one of the protectors now gone.
Wake Up. Canadians, Wake Up!
Let us be crystal clear on that matter.
Let us remember two points.
The first is that the case before the Supreme Court of Canada was taken
on a SAMPLE count of voting. If all the
polling stations could have been examined, hundreds more ‘bad votes’ would have
been counted. The judges ignored that
fact. The judges ignored the cost to an ordinary citizen that a full count
would have involved. Shame on them!
The judges could have ordered Elections Canada to count the ‘bad votes’
in every polling station in the constituency.
They didn’t. In addition, the judges permitted Borys Wrzesnewskyj to pay
more than $300,000.00 to undertake a court challenge fundamental to Canadian
democracy. Shame on the judges of the
Supreme Court of Canada! Shame on them
The second point is that the judges could have taken a crystal clear
High Road and ruled - that for the protection of Canadian Democracy in these
special circumstances – a by-election must be held.
The judges of the Supreme Court of Canada should have stated over and
over and over and over in their decision that “free elections” must be without
taint, without taint of any kind. That
decision would have forced a clean-up of election practices in Canada. Fast! Instead,
the decision handed down has given the Stephen Harper forces license to
continue practicing election fraud.
Talk about the 1%!! The four
judges were so far away from the needs of the people, from what is called
‘natural justice’, from the fundamental and basic meaning and intention of the
Canadian Charter of Rights and Freedoms, from all that the Common Law has meant
in democracies for centuries, and from what Canada essentially means to
Canadians that one has to ponder just who or what the four believe they are
Already the Harper Conservatives have been convicted of Election Fraud!
The Harper Conservatives ADMITTED GUILT in the 2006 election, admitted to using
68 CONSTITUENCIES to funnel funds illegitimately through the system. The Harper
Conservatives fought Elections Canada in court for five years before admitting
guilt and to having practiced ELECTION FRAUD IN 2006. And now they are accused
of major Election Fraud (the Robocall Scandal) in the 2011 election. More on that farther on.
Fools and charlatans are saying – “The Supreme Court ruling has come
down on the Etobicoke-Centre election challenge. Accept it and move on.”
I say the ruling has come down -
Do Not Accept It! It is a tragedy for the nation. It is a betrayal of Canadian Democracy. I am
saying do not accept the ruling from the Supreme Court of Canada. I am saying hire planes and fly gigantic
banners across the country carrying the names of the four judges who betrayed
Canada and Canadians. Marie Deschamp.
And Rosalie Abella. And Marshall Rothstein. And Michael Moldaver. Write on the banner: “They hate us”. Memorize
their names. Tell your children that if they are bad, they will grow up to be
like those people who betrayed Canadian democracy. Write the judges letters.
Smother them with letters of protest.
The Stephen Harper forces rule by deception, deceit, betrayal, secret
pacts, election fraud, suborning of public officers, and every other betrayal
of democratic trust they can finesse.
Still, in the face of those facts, Canadians believe that we have
antiquated and rarely-used protections of our democracy – which are there in
times of need. Canadians must awaken and
realize the protections are falling like ten pins – and that Canada is closer
than it has ever been to open civil violence in the struggle to protect
democracy in the country.
(1) One of the most important, most rarely used, “antiquated” protections
of the democratic freedoms of Canadians rests in the powers of the Governor
General to refuse prorogation of parliament (the dissolving of parliament on
the request of the prime minister) and to refuse the passage of bills passed in
the house by ‘majority’. Those powers
have been violated, stolen, kidnapped, raped by Stephen Harper.
On December 4, 2009, Harper dragooned Governor General Michaelle Jean
into a prorogation in order to avoid a coalition that would have run him out of
power. She may have been an ignoramus
about Constitutional matters in Canada, but her failure
was gigantic, nation-destroying, and unforgivable. Then on December 30, 2009
she permitted another prorogation to Harper so that he could avoid facing the
charges that he cooperated in torture and abuse in Afghanistan. Michaelle Jean’s failures are almost beyond
belief. “But,” you say, “she didn’t
That cannot be said of the present Governor General who was a Dean of
the Faculty of Law at the University of Western Ontario. David Lloyd Johnson “understands” all too
well. He was – by a very strange
coincidence - a Harper Conservative, and by another strange coincidence was
appointed by Stephen Harper to shape the terms under which Justice Oliphant
would investigate the relation of Karlheinz Schreiber and Brian Mulroney. Key question was the huge amount of bribe
money floated in the Airbus Affair (purchase of 34 planes by Air Canada). In 2007 Schreiber alleged “secret
commissions” were paid to Brian Mulroney – and Stephen Harper had to act fast
(to cut off all chance of revelation).
By a strange coincidence he appointed David Lloyd Johnson to shape the
terms – and terms were crafted that prevented the Inquiry (2009) from examining
the key and central Airbus facts or from recommending criminal investigation
All went well for Stephen Harper. Mr. Justice Oliphant came as close to
calling Brian Mulroney a serial liar as he could do. But he didn’t go near the Airbus bribery
facts. And very shortly after David Lloyd Johnson was, by strange coincidence,
named Governor General of Canada. But
that is not all.
(2) In December of 2011 the Federal Court of Canada ruled the Harper
legislation to gut the Canadian Wheat Board was illegitimate because the
government had ignored a requirement to have a vote of Wheat Board
members. Nonetheless, David Lloyd
Johnson, legal expert and Governor General, signed the illegitimate bill into
law, and, since, has said and done nothing to challenge that illegitimately
The Governor Generalship in Canada, many Canadians will insist, is now
a farce and a fraud.
(3) The Supreme Court of Canada, they will declare, is now a farce and
a fraud. Elections Canada …?
(4) Elections Canada is failing massively on the investigations into
Robocall fraud in the 2011 election and into the accusations against Harper MP
Dean Del Maestro who, according to court documents, filled out a false return
with Elections Canada and made an illegal contribution to his own campaign. The
chief and hard-working enforcer of Elections Canada rules, William Corbett,
recently resigned before the end of his term. Why? Why?
His replacement is an ex-ombudsman for National Defence, Yves Cote. On
his leaving the post with National Defence, the Armed Forces magazine Esprit de
Corps damned him with faint praise. Clearly the conclusion might be he was NOT
an effective ombudsman there. Marc Mayrand, Canada’s Chief Electoral Officer,
has expressed confidence in Cote – which the rest of Canadians need not have.
Look at Elections Canada. When the Robocall Scandal broke – and
widespread investigations were absolutely necessary – Marc Mayrand should have
taken public platform and asked for an immediate $10 million from the Harper government to conduct
full and complete investigation. He
should have refused to take no for an answer.
He should have told Stephen Harper publicly that after the Conservative
Party admission of Election Fraud in the 2006 election the $10 million must be
forthcoming. He should have been willing
to fight tooth and nail for the funds to investigate. He wasn’t.
Elections Canada is taking too long on the Robocall investigation. It is taking too long on the investigation of
Dean Del Maestro. What is going on at
Elections Canada? Is it, too, collapsing
before the neo-fascist Harper onslaught?
(5) Readers cannot say that - despite those things - all is well
because we have Parliament, the House of Commons with a dynamic Party System at
work. We do not have those things. The only person fighting Harper corruption
with any credibility is Elizabeth May, the only Green Party MP. Thomas Mulcair
and Bob Rae are empty, nearly useless ciphers, pretending the Canadian
parliament is fine – and is not facing its greatest threat in history.
Thomas Mulcair and Bob Rae should be undertaking every blockage ruse
they can invent in Parliament. They should be before audiences all over
Canada. They should be organizing,
wherever possible, applications for injunctions against Harper actions. They should be visiting the Governor General
to force his hand about signing legislation illegitimately passed. They should be openly preventing House of
Commons business from proceeding. They
should be loudly and publicly visiting every provincial premier and Opposition
leader in Canada. They should be using every tactic they can discover, invent,
or imagine to force Canadians to see the crisis their democracy is facing, to
force the Mainstream Press and Media to inform Canadians.
We do not have defense of Canadian
democracy in the provincial legislatures. As Stephen Harper rapes the Canadian
parliament, as he pushes through a secretly designed, oppressive destroyer of
provincial powers – the Canada-China Foreign Investment Promotion and
Protection Agreement – no provincial premier will get a court order demanding
ratification be cancelled until full information has been given, full debate
has been conducted, and amendments put forward by interested Canadian
The decision has been made to destroy the democratic challenge made by
Borys Wrzesnewskyj concerning an (almost certainly improper) election in
Etobicoke-Centre. The four Supreme Court of Canada judges responsible, Marie
Deschamps, Rosalie Abella, Marshall Rothstein, and Michael Modaver cannot be
condemned strongly enough, and those judges cannot be openly criticized often
enough, publicly, frequently, tirelessly.
The decision has been made, we are told. Now we must ‘accept it and move on’. That advice comes from … you can guess who
gives that advice.
Don’t heed it. Don’t accept it. Don’t move on. Fight the decision in every way you can fight
it. If the Supreme Court of Canada is willing to destroy democracy in Canada,
Canadians must be willing to destroy the Supreme Court of Canada.