by The Honourable A. Brian Peckford
May 29, 2023
Notes Of My Speech We Unify Conference —May 26-28, 2023–Reclaiming Canada —Victoria, BC.
A.
Is It possible to restore our democracy?? There are some who do not even believe that our democracy has ben damaged or that we are on the verge of losing it altogether.
So, first one must acknowledge we have a problem and can define it. Some of the elements of this definition are:
—-my own personal experience —denied an opportunity to speak at a public school and public university, and my views to be deliberately ignored by media—denied my right to travel —
—-our PM breaking our conflict of interest law 5 times and still is PM and a MP—no accountability
—unconstitutional lockdowns, mandates
—the corruption of science
—-governments controlled by law breaking big pharma,
—flawed PCR test , known by all governments, now an historic relic—no accountability
—the lie of a false safe and effective mantra—-no accountability
—tens of thousands of covid vaccine injuries in our country and thousands of deaths , ignored by the authorities —no accountability
—-our chief Justice, and PM denigrating the truckers convoy without one shred of evidence—-no accountability
—-our Conservative leader of the opposition demeaning a freedom fighting MP from Europe and criticizing his own caucus for meeting such a democrat .
——three so called covid inquiries , all ethically and morally wanting—-no accountability
——NDP leader and Party supporting a corrupt administration
——22% of Canadians 18 and over do not have a regular heath care practitioner—
——2012 second last of 11 industrialized countries on health care , below average on affordability, last in terms of performance vs spending—-
——23 in world on ease of doing business, 122 of how long it gets to get a electrical permit ,
——innovation —-US is 2nd and Canada 13–
——debt increased 10 times in 40 years
——mainstream press in the pocket of the governments
And this is a short summary . Yes , we have a problem
B.
Dr. Charles Lugosi has presented the specific legal constitutional issues , the Charter of Rights and Freedoms being abused—-the preamble being ignored, or mangled —-section 1 of the Charter re-ordered to fit the Government narrative —-
Politically and Constitutionally it will take a huge effort!
Right now Constitutional Change is virtually impossible .
Provinces have succumbed to the federal money and violated the division of powers provisions of our constitution. This means that getting the 7 Provinces needed to make Constitutional Change is not possible. They are fearful of losing the thirty pieces of silver. And then there is the problem if one could open the Constitution the debate over what needs to be changed , added omitted etc——
It’s not new but the so called pandemic has put things in focus and some of us have awakened.
Federal intrusion into areas of exclusive jurisdiction began many years ago
Note that in 1958—-The Progressive Conservative Party announced —-
JANUARY ~ The Progressive Conservative government more than doubled hospital construction grants provided through the provinces.
Hospital construction grants were also extended to two new areas-renovation of exist- ing hospital facilities and to residences for internes.
Grants were raised from $1,000 to $2,000 per bed for active treatment beds.
Grants were raised from $1,500 to $2,000 per bed for chronic, convalescent, mental and TB beds.
Grants were raised from $500 to $750 per bed in nurses’ residences.
New grants of $750 per bed were provided for internes’ residences.
New grants for renovations were provided up to one-third of total cost.
There were subsidies for the coal industry of BC and Alberta
These are areas of exclusive jurisdiction of the Provinces ! So the health agreements of today have a long history preventing ,now , Constitutional amendment.
Calls for help / solutions from other sources are unrealistic —the Governor General , and/or the UK Parliament are often cited . But—-
The Constitution Act of 1982 states :
‘2 No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.’
Ironic indeed that the very independence we were seeking in 1982 is somehow being turned on its head when we achieve it.
Then there is the notion of Canada not being a sovereign nation and just some Corporation defies history and our very practice/ behaviour every day, paying municipal , provincial , federal taxes and globally being recognized as a Sovereign State.
C
So what I propose is a two step process for restoration of our democracy
- What can be done now ——under the existing Constitution .
- If that is successful this could lead to agreement of an agenda for Constitutional Change some years from now or at least have the Charter preamble and section 1 restored to their true meanings .
My first step entails the elements of my Magna Carta of last year .
But there has been no movement on this . None .
The present parties in the House of Commons seem uninterested in making their country work better and be honest.
And there is no ground swell for real change in the country at large—witness the re- election of the mainstream parties in Provinces including the two largest Provinces , where the Provincial Governments there were forced to have the Military assist in managing nursing homes and their reports were a damning indictment of health mismanagement on a grand scale.
Let me break down the main elements that could see improvement if there was a willing political class and a united ethical public organization even under the present system and move us some distance towards democracy again——
A. Honesty —Ethic—
Robert J. Kennedy Jr first point in his program to be President of the USA—Governor DeSatis has referenced honesty and ethics in his opening remarks in announcing his Presidential bid.
—-political parties publishing annual audited financial statements on their websites and at their party meetings
—-amending the conflict of interest legislation covering MP ‘s and all Provincial Legislators where any MP, MLA that contravenes the act according to the Ethics Commissioner or a Court of Law cannot serve in that Parliament.-
——law makers cannot at he same time be law breakers
B.
Parliamentary Supremacy —
—overhaul the Emergencies Act to put Parliament and parliamentary committees in control of actions taken in any emergency
—— parliamentary more power to parliamentary committees
——reduce the size and power of the PMO and PCO—
——eliminate the use of omnibus bills
——reduce time for private members bills to be voted upon
——De-centralize the Federal Government bureaucracy —2016–Federal Government Ministries—24 of 30 chiefs of staff from Ontario or Quebec —
——2016 —41% of Public Service of Canada worked out of National Capital Region —45 years earlier —25%
——Central agencies of Government versus Parliamentary Agencies -more power to Parliamentary Agencies and Parliamentary Officers like The Auditor General, Parliamentary Budget Officer, Privacy Commissioner, Ethics and Conflict Interest Commissioner .
——Lobbyists —over 8000 in Ottawa——-many of whom represent powerful corporate interests, and special interest groups—-their power must be eliminated .
—public service is like a ‘huge whale that cannot swim —quote from Donals Savoie ‘s book ‘Democracy In Canada’ —the Disintegration of Our Institutions .
C.
Judiciary —
—have become policy makers, the sole role under the constitution of the legislators—they have usurped our parliamentary, representative, responsible democracy —the judicialization of our system.
—Hon. Romeo Le Blanc , former trudeau sr Cabinet Minister and former Governor General told Donald Savoie , author of ‘Democracy In Canada’ —-‘Lawyers are the only people in the world who can regain their virginity: all you have to do is appoint them judges.”
Judiciary in 2008 ruled on Education Policy in New Brunswick , then later in the same Province on Health Policy and in 2012 on education policy in British Columbia and many other policy areas.
—-Now denying our rights in the Charter of Rights and Freedoms of 1982.
—-candidates for superior court positions across Canada must appear before Parliament for questioning and be approved by Parliament—secrecy has to stop.
D. Education —-
— Many of our present legislators have never read the Charter of Rights and Freedoms
—few Canadians know how our county is governed
—-all public schools in Canada and other schools approved and supported by Governments must be mandated to have a Civics subject in Grade 8 and in every higher grade beyond that grade until graduation.
D. Sovereignty
—-Canada must remain a sovereign nation
—special legislation to reject any power, authority, by any international organization including the World Economic Forum over any aspect of Canada’s jurisdiction as a sovereign nation .
—all international trade agreements or treaties will only be agreed to by Canada if the country’s full sovereignty is maintained.
E. Balanced Budgets—-
——Federal Per Capita Net debt in 1986-7 was $10,000—20121-2 -over $30,000.
——New Legislation to make deficit financing illegal unless in a given year there is a parliamentary led study demonstrating an emergency exists that demands a one year deficit.
All of this can be done now——no Meech Lake Accord—no Charlotte Accord —-no separatist referendum ——
Just plain old ‘using the system we have’——and a citizenry willing to come together to do it—-
Why do we seek things that are impossible ——now .
Why do we reject things that are possible, probable —can be done under existing laws?? NOW.
We don’t have to criticize anyone, just get together to see that who ever is in power Federally and Provincial , that we come together as a people, voters , citizens and demand peacefully these changes .
Simultaneously , we can agitate for the longer term —with having Judges faithful to the Constitution —-interpret —not legislating —-
this is perhaps the greatest violation of our constitution——by the very people who are suppose to be last bastion to protect it ——
And then Constitutional Change if demonstrably necessary ——but remember if present trends are allowed to continue whatever the wording it would not matter—-given how the present wording has been ignored, misrepresented , and mangled.
So our challenge is to take action on the important things that we have the power to change —now.
If we are unable to grasp this and do it under the existing Constitution what chance is there to change the Constitution later, something far more problematic??
Trying to do the impossible now is a fantasy —-and leaves us a helpless democratic cripple——
One is almost tempted to pose the question :
What or who is behind this inaction to do what’s possible now ?
Two books recommended:
A. ‘Turtles All The Way Down ‘—Vaccine Science and Myth—Edited by Mary Holland and Zoey O’ Toole
B. ‘ Surveillance Capitalism ‘ , The Fight For A Human Future At The New Frontier Of Power, by Shoshana Zuboff
