Duffy Finally Going to Trial

Whispering in the Wind (WITW 37) July 23, 2014

The RCMP has concluded its investigation into the Mike Duffy affair and last week charged Mike Duffy with 31 counts of breach of trust, bribery and fraud.  The charges relate to Mr. Duffy’s actions while he functioned as Senator in good standing, province of Prince Edward Island (a four year timeframe).  In a television interview and just after the RCMP charges commented that he welcomed the opportunity to clear his name in a court of law and was confident that the 31 charges would be proven to be unfounded and unwarranted.  Mr. Duffy will formally respond to the charges on September 16, 2014.  In one respect the RCMP charges against the “suspended” Senator brings some resolution to one major element in what has been labeled the Senate Expenses Scandal – a scandal involving numerous administrative issues in the Red Chamber and numerous sitting Senators and their feeling of entitlement.  For Mr. Duffy, it is now up to the judicial process to determine fact from fiction; political intrigue from political conspiracy and yes, the very real possibility of high stakes political cover ups.  For the moment little can be added to the RCMP allegations other than it’s going to take a long time to be assessed, judged and juried.  From my perspective and it is only a gut feeling, I feel that the results of the Mike Duffy trial will have major impacts and consequences on how Canadians will be governed in the future.  Two issues jump out as needing immediate comment:

The 31 Charges Framed by the RCMP

The 31 charges laid by the RCMP are understandably wrapped in legal jargon but in essence it comes down to Mike Duffy being charged with:  One count each of fraud and breach of trust related to his residency expenses (2 counts).  Nine counts of fraud and nine counts of breach of trust for expenses unrelated to Senate business (18 counts).  Four counts of fraud and four counts of breach of trust related to the awarding of consulting contracts (8 counts).  One count each of bribery, fraud on the government and breach of trust related to a $90,000 payment to Mr. Duffy from Mr. Wright.

What is confusing about the 31 charge; two thirds (20 of the 31 charges) relate to expense judgements made by Mr. Duffy regarding residency and unrelated business expenses, these expenses should have been rejected, (or at least flagged) by the appropriate administrative body within the Senate that deals with reviewing Senator expenses.  Many, many months ago Mr. Duffy indicated that the expenses he claimed followed the acceptable rules of play in the Senate at the time the expenses were incurred – to apply a new set of rules to his historical expenses is unjustified and unacceptable protocol. In the end I do not think the issue of expenses will become a major factor in any judgement for or against Mr. Duffy – if Mr. Duffy is found guilty of the expense related charges a good number of other Senators will have to be charged as well. 

Regarding the charges of fraud and breach of trust for hiring outside consultants, very little information is known as to the nature of the consultancy work undertaken, so at this point in time no further comment is necessary. 

As to the bribery, fraud and breach of trust charges related to the $90,000 cheque to Mike Duffy from Nigel Wright (then chief of staff to Prime Minister Harper) is, in my view, the king pin issue in the Duffy charges that involves Prime Minister Harper himself and a number of his handlers.  The first question posed by many observers:  Why is Nigel Wright exempt from charges for writing the $90,000 check, while Mr. Duffy is being charged for accepting it?  For the moment legal experts are discussing two different federal laws – Section 119 and 121 of the Criminal Code of Canada which indicates that it is an offence to accept funds for a benefit and the Parliament of Canada Act which makes it an offence to give money to a senator. 

Mr. Duffy has speculated that the trial will begin in the spring of 2015 and he will be able to discount all charges and identify the real circumstances and culprits. 

The Next Federal Election

There was never a doubt in my mind that the next federal election was take place in October, 2015.  Nevertheless, a couple of weeks ago I received an e-mail from a good friend living in eastern Canada where he described a rumor circulating about the possibility of a federal election being called earlier than originally scheduled – largely because of the anticipated rejection of the Keystone pipeline proposal to ship Alberta bitumen to Texas and a general downturn in the Canadian economy.  With Mr. Duffy being as confident as he is to show his innocence, the real circumstances of the scandal and the real culprits – so an earlier, spring  2015 election is in the cards and would be most beneficial for Prime Minister Harper and the Conservative Party of Canada. Who knows?  

Canada's Employment Disaster, a Reality!

Whispering in the Wind (WITW 36) July 16, 2914

Summer is here and it’s hot – ideal for a relaxing golf game or enjoying a leisurely family barbecue – so who in their right mind would want to talk about the various screw-ups in Ottawa?  Well people are talking politics and a good number are furious with Mr. Harper and how he is dealing with the country’s employment development programs

Canada’s Employment Strategy Not Working

The Canadian economy lost close to 10,000 jobs in June over May – and the national unemployment rate rose by a tenth of a percentage point to 7.1 percent – Alberta’s unemployment rate rose three tenths of a point to 4.9 percent.  Saskatchewan is the only province operating at full employment, its unemployment rate at 3.9 percent.  What is particularly disturbing is the country’s youth unemployment rate.  For those seeking work between the ages of 15 and 24, the unemployment rate is over 13 percent nationally (over 17 percent in Ontario and about 8 percent in Alberta).   

Canada’s Current Employment Development Strategy a Disaster

An important element in Prime Minister Harper’s economic development strategy was to meet the immediate investment needs of the resource development sector, specifically in western Canada.  To accommodate the employment needs in the booming resource sector Mr. Harper’s government relaxed the important and necessary restrictive measures attached to the decades old Temporary Foreign Workers Program (TFWP).  After the rules were relaxed by Jason Kenney things have gone downhill to the extent that a good number of businesses are now dependent on the TFWP for their very existence. 

The Temporary Foreign Workers Program (TFWP) has become a debacle, creating a problem without an easy solution.  Officially it is estimated that there are 338,000 temporary foreign workers in Canada (as of December, 2013), some have estimated the figure to be closer to 500,000 but who knows, there are no exit controls placed on the workers once their visas expire.  It is also estimated that there are something like 25,000 businesses that are highly reliant on TFWP with over 1,100 businesses having over half their employees classed as temporary foreign workers.

A Final Few Thoughts

Recently Minister Kenney made changes to Canada’s Temporary Foreign Workers Program and demanding employers using the TFWP follow the rules.  Unfortunately there has been no discussion on the consequences of the policy as it was (is) being implemented.  From my perspective I would like to make two points.  First the government is clearly establishing a “slave” class of worker and there is no turning back.  Secondly, the longer term consequences of Mr. Harper’s employment initiatives and the likely impact these initiatives will have on Canada’s respected work ethic – particularly amongst Canada’s young people who are now only adjusting to a new reality.      

Alberta's Non-Campaign

Whispering in the Wind (WITW 35) June 25, 2014

The lazy days of summer are upon us and you know what that means:  at every fair, rodeo, picnic, golf tournament you can expect to see politicians smiling, shaking hands and posing for pictures – for them there is a very serious side to their presence, measuring the political mood of the electorate.

Alberta PC Leadership Contenders Seeking Attention

Jim Prentice, Ric McIver and Thomas Lukaszuk are in a not-so-bitter, in-party race to lead Alberta’s Progressive Conservative Party and de facto premier, Province of Alberta.  Brought about by the unfortunate resignation of Premier Allison Redford, the election of a new Progressive Conservative leader will take place in September and that means the three contenders will be attending a lot of fairs, rodeos and social gatherings at the constituency level.  For Alberta’s opposition parties, they continue to harp on the theme that Alberta Progressive Conservative Party has been in power far too long (43 years) resulting in the party becoming a party of “entitlement” – some in opposition have gone a step further and are painting Jim Prentice, the front runner in this current leadership campaign, as a man who embodies “entitlement” in a negative way and points out that while a minister in Ottawa spent exorbitant amounts of money on travel.  With something like 45 of the 58 PC MLAs supporting the Jim Prentice campaign the inner circle is suggesting that Mr. Prentice is a shoe-in for September’s election.  Unfortunately that is not the game being played and the three contenders are not being given the opportunity to explain their vision for the province and how they would guide the province’s government – and that’s what I’m waiting for.

Here’s An Idea ….

As I have already said; there is a lack of meaningful discussion of issues and policies facing Alberta by Alberta’s PC leadership candidates, they are busy defending themselves against accusations and unfounded innuendos posed by the media and the opposition parties, so here is an idea:  invite these three very capable contenders to come out to Smoky Lake and explain themselves to the grassroots.   As good hosts we would offer them some relaxation (a round of golf on one of Alberta’s most challenging golf courses) and some excellent Ukrainian food served by some of the town’s most loving, ethnic cooks.  After appropriate libation, the candidates will be given sufficient time to offer their policy views and visions for Alberta.  If not Smoky Lake, where else?

        

Nation Building - the Good, the Bad

Whispering in the Wind (WITW 34) June 18, 2014

Nation building has gone into reverse gear in a number of countries around the world – let’s make sure the discord and havoc associated with political separation and voiced by the misguided thoughts of extremist wing-dings doesn’t penetrate Canada’s “nation building” pursuits. 

The goings on in the Ukraine, Syria, Nigeria, Iraq, Kenya are extreme examples where political and social governance has all but collapsed, with bandit groups (militia) advocating separation and roaming about creating destruction and bloodshed, without showing any sense of morality, law or civil order.  In other countries where there is a greater sense of law and order, there is still “separation anxiety” where regions and specific cultural groups, within a nation-state, feel that political separation into city-state regions is the only solution for the plight of their region’s constituents.

Referendums in Venice, Scotland and Catalonia

 Last March about two million residents of the Veneto region of Italy voted in a “straw- vote” for separation – 89 percent voted in favor of separation.  Veneto’s president, Luca Zaia – who is in favor of separation from Italy – intends on holding an official referendum in the region.  Italy’s central government in Rome rejects the unofficial, on-line vote as madness and claims Italy as indivisible.   Scotland, as a part of the United Kingdom, will be settled in September, 2014 – a simple majority vote will determine whether Scotland becomes an independent state with the terms already negotiated.  In a previous referendum held in the 1970s the Scottish independence movement won by a very narrow margin but no further action was taken.  Catalonia, Spain will be holding its separation referendum in November, 2014.  The Spanish government is rejecting the Catalonia initiative saying that any separation referendum must be taken throughout the Spanish nation-state and not just in a specific region.

Referendums in Quebec, Canada

In the province of Quebec two referendums have been undertaken over the years related to sovereignty only to be rejected by the voting electorate in Quebec.  In 1980, the Quebec electorate rejected sovereignty association with 58.56 percent of the voting public voting no to sovereignty.  In the 1995 referendum, the Quebec electorate rejected independence on a sovereignty-partnership with a much narrower margin, 50.58 percent rejected a sovereignty partnership.  In the 2014 election the separatist PQ party lost the election in large part because they couldn’t detail how they would negotiate a separatist state with the Canadian government.  In the end the issue of referendums became moot as the PQ lost the election to the Liberals who are cautiously willing to work within the Canadian framework – does that mean Quebec, under Premier Couillard, is now willing to discuss true nationhood and sign onto Canada’s 1967 constitution?  One final thought about Quebec and the separation movement.  During the 2014 election there was a lot of discussion about the terms of separation and even some discussion about the unique status of the Montreal region of Quebec – should the Montreal region become an independent city state?   

Anybody Fit to Rule Canada?

Whispering in the Wind (WITW 33) June 11, 2014

Political decision making is almost always framed and judged within a specific time frame – in Canada, at the federal level, the time frame is between now and the next federal election.   Actually, the Harper, Mulcair, Trudeau campaign to win the hearts and minds of Canadians began some fourteen months ago when Justin Trudeau was elected leader of the Liberal Party of Canada.  No doubt in my mind, in the early days of Mr. Trudeau’s leadership, Mr. Harper had only one objective in mind:  make the 2015 election campaign all about the economy and only about the economy.  Mr. Mulcair had two objectives in mind: consolidate his power base in Quebec and corner the prime minister in the Senate scandal.  Mr. Trudeau’s strategy in the first six months of his reign wasn’t to espouse any great policy initiative, it was to criss-cross the country, flex his muscles and look youthful.  All in all things went well for the prime minister in that the economy didn’t collapse.  For the leader of the official opposition he emerged as an outstanding parliamentarian and that was about it.  The leader of the third party, all he could muster, he became Canada rock star without showing any political stripes.  As an old family man I always looked forward to the month of June, it is the month for report cards: 

Report Card – Steven Harper

Prime Minister Harper has had a rough go of it in the last year or so with a good deal of his troubles resulting from his own secretive management style.  His refusal to be more forthcoming in the House of Commons regarding the Senate scandal has left many questioning his management style and speculating personal role in the matter.  In terms of economic leadership matters, one can’t ignore Mr. Harper’s (and Jim Flaherty) role in keeping the country out of a major recession, nevertheless things have run amok more recently, all related to the Harper government’s administration of the country’s Temporary Foreign Workers Program – the changes being considered, no matter what they are, will have very serious consequences on those businesses that have become dependent on the program as it was administered.  Adding to Mr. Harper’s economic pain are the precarious pipeline decisions in both Canada and the United States.  Mr. Harper’s approach to Aboriginal education was an excellent strategic move and could have gone a long way to improving aboriginal conditions and relations for generations to come – unfortunately Mr. Harper (and the former grand chief of the Assembly of First Nations) misjudged the political landscape within the Assembly of First Nations and the result; major, dangerous setback for aboriginal relations with the federal government.  Mr. Harper’s skirmishes with the Supreme Court of Canada (the nomination process, the reference case on Senate reform), demonstrates a lack of understanding of the country’s constitution and the limitations placed on a prime minister with a majority government – clearly Mr. Harper failed in his power play.

 

Report Card – Thomas Mulcair

In the past year Thomas Mulcair has been described as an exemplary parliamentarian.  Mr. Mulcair must consolidate his power base is in Quebec where Mr. Harper and the Conservatives are not a major political factor – his major challenge in Quebec will come from Justin Trudeau and the Pierre Elliot Trudeau legacy.  Mr. Mulcair is prime ministerial material but has two major flaws.  Mr. Mulcair is leader of a left wing party and there are no signs of him trying to move the New Democratic party toward the center of the political spectrum.  Second, Mr. Mulcair and the New Democrats have persistently called for the abolition of Canada’s Senate.  Mr. Mulcair has to eat his words and make some recommendations regarding the rejuvenation of the Senate – Mr. Mulcair has to face political reality.

Report Card – Justin Trudeau

In just one year Justin Trudeau has moved from being a gaffe prone rock star to being the serious contender for Canada’s top political job, prime minister of Canada.  Just a few months ago Mr. Trudeau undertook a bold move regarding the Liberal Senators and by edict declared the Senators independent – a move that gained him considerable respect in political circles and demonstrated guts and imagination.  More recently, Mr. Trudeau’s contradictory statements regarding the Liberal party’s so-called “open” and free nomination process, except that all potential candidates had to be pro-choice candidates, has shown a Trudeau that hasn’t thought things through and cannot think on his feet when facing a camera.  In my view Mr. Trudeau comes across as a man who is too loose in his demeanor and doesn’t take things too seriously – a position that might be attractive to the younger voter, but for guys like me, the approach is a sign of political immaturity.

A Final Thought 

If none of our political leaders pass the Shaske test, then who is going to lead this great country we call Canada?  Stay tuned!