Quotulatiousness

February 11, 2021

“… the entire Canadian constitution boiled down to the government saying, essentially, ‘trust us'”

Filed under: Cancon, Government, History — Tags: , , , , , , , , — Nicholas @ 03:00

Andrew Potter on the interesting and almost certainly unCanadian notion that the Prime Minister actually accept responsibility for things that happen on his watch:

Former Prime Minister Jean Chrétien speaking at the “No to the war in Iraq: 10 years later” colloquium, 15 March 2013.
Detail of a photo by Gopmtl1 via Wikimedia Commons.

The late UBC law professor Wesley Pue once remarked that the entire Canadian constitution boiled down to the government saying, essentially, “trust us.” He was speaking in the wake of the release of the Hughes Report into the APEC affair.

A refresher: In 1997 it was Canada’s turn to host the annual APEC summit, a free trade and cooperation gabfest for countries in the Pacific Rim. Prime Minister Jean Chrétien decided to hold the meeting on the campus of UBC. Given that it is probably one of the most gorgeous pieces of real estate in the country, Chrétien probably thought he was being a good host. But some UBC students objected to the presence of Indonesian dictator Suharto at their school, and so they marched, held up signs, blocked campus roads and exits, chanted slogans, the usual student protest stuff.

Chrétien was clearly embarrassed, and orders went out from the PMO to clear the roads. The Mounties started telling students their campus was now a “Charter-free zone,” arresting a bunch of them. In a notorious incident captured by CBC cameras, RCMP Staff Sgt. Hugh Stewart walked amongst the students hosing them down with pepper spray. (Asked about the incident at a press conference, Chrétien made a joke.)

The only proper investigation into the affair was led by commissioner Ted Hughes, who issued his report in the summer of 2001. Hughes found that the RCMP had behaved by turns incompetently and unprofessionally and that they had systematically violated the Charter rights of the students. Further, Hughes found that they had done so under direction from the PMO — in particular at the behest of its director of operations, Jean Carle. While Chrétien himself escaped direct censure (Hughes could find no evidence that Carle had acted on Chrétien’s explicit orders), Pue pointed out that the fundamental principle of responsible government requires that the prime minister accept responsibility for what happened. Yet Chrétien did not. He neither accepted personal responsibility, nor did he throw Carle under the bus. Instead, what happened was typically Canadian: the matter simply went away.

The APEC affair serves as a useful reminder of a fundamental truth about our system of government. As Pue noted, there are virtually no effective parliamentary or legal checks on a prime minister’s authority, and as a result it is pretty much impossible to hold our executive branch to account. We need to just trust them.

[…]

It’s worth rehearsing all of this because we are going through a rather extended “just trust us” phase in Ottawa. After shuttering parliament last spring, ostensibly to focus their energies on fighting the COVID-19 pandemic, Justin Trudeau’s Liberals spent the summer dreaming of “building back better” while fighting a ferocious rearguard action to keep MPs from finding out the truth about payments to Trudeau’s family by a charity. Trudeau has since spent the better part of the last six months governing by press conference from the front steps of his cottage, but even as the extreme levels of federal spending continue, and even as scandals and reports of gross mismanagement pile up, the Liberals have been brazenly testing the waters for a spring election.

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