In Monday’s report (CBC: Politics) on the Supreme Court selection process, reporter Julie Van Dusen repeated an oft-cited myth about the court – that a prime minister, specifically our current prime minister Stephen Harper, will have little opportunity to radically change the court since the next mandatory retirement date isn’t until 2013.
Ms. Van Dusen might be surprised to learn that in each of the past three decades, over 1/2 of the court has been replaced over that 10 year period. Now that is turnover. Why?
Simple – Supreme Court justices often retire well before their mandatory retirement date, frequently moving on to other areas of interest. Indeed, with the replacement of Justice Major, already in this decade more than one half of the court has turned over.
Every change that Prime Minister Harper makes is therefore of legitimate concern to court-watchers, and ought to be, for modifying the nature of the court has always been one of Stephen Harper’s hot-button topics. History says that if Harper manages to extend the longevity of his minority government, and/or (as many Conservative insiders expect) is able to come back with a majority next time, he’ll preside over a period of significant turnover in the court.
This is of course exactly what Stephen Harper has always dreamed of. Mr. Harper believes our Supreme Court is “making law”, not merely applying the law – which, in his eyes, makes the court activist. He, along with many Conservatives including Justice Minister Vic Toews, wants to change all that.
Many would disagree with Harper’s judgement of the court, but regardless of where one stands on the issue, its important to understand that Harper is likely to have much more opportunity to change the court than is commonly believed.
Most people simply don’t realise how much turnover occurs over a relatively short span of time, and are thus more complacent about changes to the court selection process, or the makeup of its members, than they ought to be.
(Originally published by The Hill Times, February 20th, 2006)
While out of power, Conservatives hailing from both founding parties worked apart, and then together, ultimately to fashion a single party and a set of policies designed to bring back to Canadians an ethical and accountable government. We said we’d do things better. We’d clean up the mess. We’d treat Canadians with the respect they deserve.
Yet within hours of being elected, by appointing to Cabinet David Emerson and the unelected party insider Michael Fortier, Stephen Harper substantially broke four established party policies, one specific campaign promise, over a decade of Conservative policy development, and the trust of many Conservatives and most Canadians.
Our party’s principles state that we believe in the democratic process, so it’s of no surprise that Conservatives are rightly questioning why Stephen Harper is violating a basic tenet of our party as one of the first official acts of his government.A “grown-up” government works with the cards it is dealt and strives to earn the trust of the people and a better result in the next election. A “grown-up” leader of the government does not conspire to violate voter’s trust in the democratic process.
Michael Watkins
Vancouver, B.C.
(The letter-writer is a card-carrying member of the Conservative Party.)
On Sunday, along with 50 or so others, my children and I participated in a protest rally in front of David Emerson’s constituency office (2148 Kingsway – see you this Sunday at 2pm). The protest generated a tremendous response, which is unsurprising, given the extremely negative reaction from the public in the riding of Vancouver Kingsway. Drivers along Kingsway even stopped and signed petitions; a few joined the volunteer roster. Well done!
I spoke with organizers from both the Liberal and New Democratic parties – there appears to be a cross-partisan move afoot to unite efforts in opposition to what Emerson did and what Harper made possible. Count me in.
Just before heading out to the rally I managed to have my say on CBC‘s Cross Country Checkup where I reiterated my challenge to other Conservatives to speak out against Stephen Harper’s violation of 4 party policies, 1 campaign promise, and over a decade of conservative policy development and thought. A complete archive of the show is available from the CBC as MP3 audio.
One caller noted that Emerson had support from the BC business community. True, but beside the point. There isn’t a mythical “Riding of BC Business Community” on Election Canada’s list! While land developer and 2010 Olympic Committee Chair Jack Poole, Sam Sullivan – Mayor of Vancouver (a one-time rumoured candidate for the Conservative Party), and the heads of the Vancouver Board of Trade and BC Chamber of Commerce have voiced their support for David Emerson, none of them actually live in the riding.
Vancouver Kingsway residents are not alone on this issue – independent polls continue to demonstrate broad empathy from Canadians across the country:
Most Canadians want byelection, poll
62% in Survey: David Emerson should quit and go to the polls in Vancouver-Kingsway
OTTAWA—A majority of Canadians believe David Emerson should “immediately resign” his Vancouver-Kingsway seat and run under the Tory banner in a by-election, a new opinion poll suggests.
Sixty-two per cent of Canadians polled said the former Liberal industry minister—who defected two weeks ago to the Conservatives to become international trade minister—should submit his political future to the will of the votes once again.
The survey, conducted last week for CanWest News Service and Global News, polled 1,000 Canadians and is considered accurate to within 3.1 percentage points, 19 times out of 20.
The sentiment that Emerson should resign and face a by-election was highest in Atlantic Canada and Quebec where, respectively, 70 and 65 per cent of those polled felt he should submit to the judgment of the voters.
Only 55 per cent of those surveyed in Alberta felt it was necessary that Emerson campaign again for his seat.
”It would appear to be more than a fly in the ointment or a flash in the pan,” John Wright, senior vice-president of Ipsos-Reid, said.
The Ipsos-Reid poll agrees with and builds upon the clear picture of sentiment here in the riding and in British Columbia. According to a poll of only Vancouver Kingsway residents, conducted by The Mustel Group—which incidentally had the most accurate BC polling results of any during the last election:
Of all respondents, 42% voted Liberal, 24% NDP and 14% CPC. Of those that voted Liberal, 23% voted for the candidate, David Emerson, 62% voted for the party. To the question, “Would you vote for David Emerson if ran as a Conservative candidate?”, the result was an astonishing 11% yes and 76% no.
The conclusion—that Emerson is less popular than his party—is in fact backed up with a pre-scandal poll as well. Just before the 2006 election campaign got underway, noted pollster Mustel Group conducted a survey of Vancouver Kingsway residents and discovered that David Emerson was in fact less popular within the riding than the Liberal party itself.
“Perhaps as further evidence of the relatively low profile of David Emerson amongst voters in his riding, 90% could not name a single accomplishment since being elected to the riding.” Mustel Group president Evi Mustel
Emerson’s former colleagues released the full details of a Mustel poll they had commissioned before the election to underscore the basic truth: Emerson was unelectable without his party’s full endorsement and backing. This certainly explains Emerson’s very partisan campaign style and rhetoric, as does the history of the riding which has generally sent either a NDP or Liberal MP to parliament. Only once – back in Diefenbaker’s days – has a Conservative represented Vancouver Kingsway.
As Liberal point-man in British Columbia, Emerson was frequently heard extolling voters to strategically vote Liberal to prevent Conservatives from gaining power. Emerson cited specific Liberal programs that would be scrapped under Conservative rule, such as the Liberal child-care plan. The flip-flop Liberal-Conservative also warned voters here that he’d never seen a right-wing government come to power without savaging social programs.
Without such fiery rhetoric, and his promises to uphold the Liberal platform and social programs (which are popular in this riding), Emerson would not have been elected; instead, NDP candidate and former riding MP Ian Waddell would be travelling to Ottawa on our behalf.
Now, as a Conservative cabinet minister, Emerson is required by Stephen Harper’s code of conduct rules to support all cabinet initiatives, including destroying programs that Emerson had sworn to protect while running as a Liberal.
What Harper enabled, and Emerson did, is tantamount to committing fraud.
Apologists for Stephen Harper and David Emerson continue to beat on the dead horse that somehow ignoring the voters in Vancouver Kingsway is good for the citizens of Vancouver Kingsway. Is it any wonder that voters don’t have trust in their politicians?
Our so-called leaders need to be reminded that the people are their bosses.
I reverentially look upon the people they are perfect Sovereign judges of all things without appeal. Edmund Burke
Stephen Harper and David Emerson: The people spoke during the election, yet you chose not to listen. The people continue to speak. How long will you insult the people of this riding, and the people of my party, by ignoring us? How long will you insult our country by ignoring basic principles of democracy that date back hundreds of years to the Magna Carta? There can be no taxation nor representation without consent of the people.
Mssrs. Harper and Emerson, the people have spoken and they continue to speak. We have not granted you our consent; the criticism we have for your actions is not superficial; we, not the BC business community, are the people who matter most. This issue will continue to dog your tenure, however brief, day after day after day, until you both do the right thing.
Oh Canada, the people of Vancouver Kingsway are standing guard for thee.
A mere sampling of the press which Harper’s appointment of David Emerson has generated:
Feb 20: (AP) Emerson protestors to lobby the PM
VANCOUVER—Dozens of constituents were joined by Liberal party faithful who worked on David Emerson’s re-election campaign, in yet another protest in Vancouver. They called yesterday for the international trade minister’s resignation. [Campaign advisor] Chalmers says he plans to call the Prime Minister’s Office today, and invite Harper to Vancouver-Kingsway to discuss the issue with constituents.
Feb 19: (CKNW/AM980) Campaign mounts to unseat David Emerson
(VANCOUVER) The people of Vancouver-Kingsway have formed an official campaign against MP David Emerson’s defection to the Conservatives. The official campaign includes lawn signs, petitions and door-knocking to get their message to Ottawa.
Feb 20 (VANCOUVER SUN) Emerson apology fails to assuage protesters’ anger
VANCOUVER—Embattled Trade Minister David Emerson reacted to continuing criticism this weekend over his switch to the Conservatives by promising to send a letter of apology to all of his constituents in Vancouver Kingsway, and by acknowledging he was politically naive not to anticipate such an uproar.
“I’m still not much of a political person, as perhaps you can now tell,” the former Liberal MP told CTV‘s Question Period on Sunday. “I’m not the sharpest political knife in the drawer, I quite freely admit that.”
That’s far from correct. Mr. Emerson has operated at the highest non-elected levels of political power in BC for almost two decades. Twice a deputy minister in the Socred government of Bill Vander Zalm, Emerson has since held the top job in very political positions – BC Ferries, BC Trade Development Corp, Vancouver International Airport Authority – as well as being CEO of Canfor, Canada’s largest lumber producer. Emerson has been on the board of numerous crown corporations and public companies. Mr. Emerson has stick- handled many political issues in the past – the only reason he’s failing at it now is that Harper’s decision to appoint Emerson, and Emerson’s decision to accept, is indefensible.
Feb 19: (TORONTO STAR) From a funeral to a marriage in one day
In his brief career as a Liberal, David Emerson declared that he would be “Stephen Harper’s worst enemy.” So it has proved.
Harper’s cynicism, in breaking his campaign promises about ethics in his first decision as prime minister, and Emerson’s opportunism, in switching parties the day after he won election, are simply breathtaking.
Feb 19: (CNEWS) Liberal campaign workers join Emerson protest
Anya Fraser demonstrates outside of MP David Emerson’s constituency office in Vancouver, B.C. on Sunday. (CP/Vancouver Sun- Ian Smith)
Feb 19: (CTV) ‘I certainly have a clean conscience’: Emerson
The Vancouver-Kingsway riding where Emerson was elected has been a Liberal stronghold for more than a decade. In fact, the third-place Conservative candidate in the January election only received 18 per cent of the vote. The last time a Conservative won the seat was in the Diefenbaker landslide of 1958.
Feb 18: (WINNIPEG SUN) Voters pick party as well as candidate
In Canada’s parliamentary system, people run for office under the banner of a registered political party or they run as independents. The vast majority of candidates run under a party name and the party has to be registered with Elections Canada. Most importantly, the party name is right on the ballot. So when you vote for John Smith of the Libertarian Party, you are voting for both John Smith and for the Libertarian Party. It says so right on the ballot.
Feb 17: (GLOBE AND MAIL) Layton revives anti-defection bill
Last night more than 500 people filled an elementary school auditorium in east Vancouver, continuing the call for Mr. Emerson to resign.
Conservative supporter Mike Watkins said he has fought for years to have an accountable government.
“Someone has to be bold. This is about principle and ethics and Conservatives have been fighting to do that and I’m disappointed that we are going back on that,” said Mr. Watkins, who lives in Mr. Emerson’s riding. ”I’m here to convince other Conservatives to speak out because it’s the right thing to do.”
*Feb 17: (VANCOUVER COURIER) Emerson defection serves his big money constituents *
Emerson’s seamless and shameless move to a cabinet position demonstrates party ideology is as rubbery, and ultimately as dispensable, as political principle. His appalled reaction at the subsequent outcry also suggests his representation of Vancouver Kingsway was more image than reality.
Feb 17: (BRANDON SUN) Feel more cynical? You and me both
I’ve got to be honest Im feeling very stupid these days. The deal Stephen Harper and David Emerson made has really thrown me for a loop. Let me tell you why Im so down in the dumps.
Last month, I voted positively. While I was disgusted with the Martin Liberals and their haphazard approach to governance, I was also very open to Stephen Harpers remarks about accountability and integrity. Those remarks resonated with me and I think with many of you.
Harper promised accountability and went so far as to promise an accountability bill.nd so I voted for something and not necessarily against something else. Today, thanks to the complete lack of integrity shown by Conservative Stephen Harper and Liberal/Conservative David Emerson, I feel like someone made a fool of me.
Feb 12: (CANWEST) Angry protesters fail to sway Emerson
People jammed the auditorium, and there was a pressing overflow crowd throughout the two-hour rally. Participants lined up to sign an NDP-sponsored petition calling on MPs who cross the floor to quit and face a byelection.
Mike Watkins said Tories in the riding are concerned with Emerson’s defection because of the ethical issues it raises. “They’re quite upset, but they’re in a position where they can’t vocalize their displeasure,” Watkins said.
Watkins said he was struck that voters supporting all parties came up to speak to him afterward. “I don’t think it was a rent-a-crowd,” he said. ”It was an honest expression of what’s going on in the riding.”