A blog to give a voice to our concern about the continued erosion of our democratic processes not only within the House of Commons and within our electoral system but also throughout our society. Here you will find articles about the current problems within our parliamentary democracy, about actions both good and bad by our elected representatives, about possible solutions, opinions and debate about the state of democracy in Canada, and about our roles/responsibilities as democratic citizens. We invite your thoughtful and polite comments upon our posts and ask those who wish to post longer articles or share ideas on this subject to submit them for inclusion as a guest post.
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Sunday, September 6, 2015

A Study in Tyranny (Part 3)

2 Men & A Country : Harpers Nemesis

A guest post by Pamela Mac Neil

The laws you have are a direct result of the Government you have. Whether they remain laws or are struck down, depends on whether you have a democracy or not. Shortly after Harpers appointment of Judge Nadon for a Supreme Courts judge, a Toronto Constitutional lawyer Rocco Galati challenged this appointment in federal court. The first person to ever challenge a PM's appointment for a Supreme Court judge. Galati won. The Supreme Court ruled that Harpers latest appointee to that court, was not legally qualified for the job, they found Nadon's appointment unconstitutional. Harpers response to the Supreme Court decision, was to launch a smear campaign, by saying he refused to take a phone call from Supreme Court Chief Justice, Beverley McLachlin, implying that she tried to directly interfere in Nadon's appointment, while the matter was before the court, when that was patently false. In response to Harper's smear Galati said,
"I am shocked by the depravity of the PM, in now making these ridiculous statements, with respect to the chief justice, who is a person of integrity and has every right to raise this issue" The issue being whether a supreme court appointee is legally qualified. Galati is also contesting a number of bills put forth by Harper and his CONs, including bill C-51. of which Galati says , " It chills, censors and criminalizes free speech, free association and constitutional rights of assembly and what it creates is a modern day gestapo. He goes on to say, "German and Italian versions of C-51, were passed in the 1930's. This is quite clearly a fascist and dictatorial piece of legislation and appeasment of it is unacceptable."

In another more far reaching case Galati is representing the Committee on Monetary and Economic Reform (COMER), two Canadians William Krehm and Ann Emmett along with COMER are challenging The Bank of Canada. A bit of background. The Bank of Canada was established during the great depression. The Bank was to be owned by the people of Canada, and responsible to parliament and was to promote the economic and financial welfare of Canada. One of it's functions was making loans to federal, provincial and municipal governments at no or very low interest rates, which then were returned to the people of Canada through the treasury. Galati filed a lawsuit on Dec 12th, 2011 in Federal Court to try to force a restoration of The Bank of Canada to its mandated purpose. The two Canadians and COMER want The Bank of Canada to provide free or low interest loans to the Federal, Provincial and Municipal Governments as provided for in The Bank of Canada Act. Until 1974 The federal government use to borrow no or low interest loans from The Bank of Canada. Now governments borrow all of the necessary money (apart from any bonds they may sell to the public) from private banks at the going rate of interest.
"Canadians are economically burdened with the resultant debt-servicing charges because The Bank of Canada no longer makes use of its prerogative in the interest of the Canadian public." The Canadians and COMER plead for declarations that would restore the use of The Bank of Canada for the benefit of Canadians and remove it from the control of international private entities whose interests and directives are placed above the interest of Canadians and the primacy of the constitution of Canada. There has been minimal said about this case from the MSM, because according to Galati's sources Harper and the feds have sent word that the MSM is not to discuss or write about this. Being the good obedient servants that they are, with the exception of a few, they haven't.

Rocco Galati representing COMER is also challenging something other then how The Bank of Canada issues loans to Canadian governments and it is something more insidious and wide spread then in Canada. It actually is the global economic infrastructure of the US and Europe. It is Neoliberalism. It is a major part of American foreign policy, so Rocco Galati will have more then Harper and his CONs closely watching him, he'll have the US and Europe along with the Neoliberal institutions of The IMF, The WTO and the World Bank, keeping a close eye on him. Whether he is aware of this or not, I don't know, but if he does know, and my guess is that he does, he will proceed ahead, hopefully starting the dismantling of the Neoliberal doctrine in Canada. Harpers blue print for acquiring power, Neoliberalism, is being challenged at its most fundamental legal level, implicitly questioning, if Neoliberalism is constitutional. Harper who has no philosophy, only a Neoliberal doctrine combined with Evangelical fundamentalist beliefs is no intellectual match for Rocco Galati. So, yes, I'm sure, Harper is watching very, very closely. Galati is showing the power of the law and the constitution that supports that law in Democracy. So two of the things that Harper hates the most, the law and the Constitution are being used to pull the Neoliberal foundation out from under him and the man who is doing the pulling, Rocco Galati is now probably Harpers number one enemy.

"The Conservative Government is playing fast and loose with the law"
and continues Galati, "the constitution doesn't belong to any government. It belongs to the citizens and it's there that we find our protection." " In Canada, the constitution, as well as federal, provincial and territorial laws, protect our human rights and fundamental freedoms." It was only with The Charter of rights and Freedoms that human rights in Canada were protected in the written constitution. "Harpers flawed bills are deliberately put forward to challenge the Supremacy of The Charter of Rights and Freedoms." Without a sound legal system a small group or even a single person can take control of an entire country. The rule of law defines democracy. It is the foundation on which our rights and freedoms rest. Never before have we had a PM like Harper who wants to destroy that foundation. If not the rule of law, then what? The rule of Harper?

Harper neither believes in the natural laws, that govern the universe, nor does he believe in the man/woman made laws, particularly constitutional law, that govern a democratic country, which is why he is not so much against science and democracy but rather against the thinking that gives rise to science and so too the thinking that gives rise to democracy. This is Harpers war on reason, on the very foundation of thought. Two men, Harper and Galati. One, Harper, the PM of Canada,who wants the power to govern, without the consent of those being governed. Harper knows that the Neoliberalism that he fully embraces, cannot be systematically implemented, without the collapse of the rule of law in Canada. Under Neoliberalism, it is the free markets that are the ultimate arbritator of right and wrong. No charter of Rights and Freedoms needed!
"Under Harper, a tightly knit, smoothly operating Neoliberal propaganda system has been installed in Canada." And installed for the most part in secrecy. Harper is attempting to create a legal system that is not focused on justice, but on creating laws that will give him more power. It is only fitting then that the other man Rocco Galati, be a constitutional lawyer. The constitution says that the Charter takes priority over all other legislation in Canada, because it is part of the Supreme Law of Canada. It applies to all government action, so governments must take the Charter into account, in developing all laws and policies. So when Harper presents fascist legislation like bill C-51, now a law, Galati will show that this law violates the rights or fundamental freedoms guaranteed in the Charter. The Supreme Court will more then likely, declare the law invalid because it conflicts with the Charter. What's a dictator to do? Where and who has the real power here? The power is in the constitution and with the man, Galati who is using that constitution to stop Harper. That's real power, because it is grounded in reality. Rocco Galati is using the law the way it should be used, to fight corruption and injustice and isn't it interesting the person who Galati is doing legal battle with, whose actions are unjust and corrupt is our very own Prime Minister Stephen Harper.

Harper and his CONs have developed a life of their own, disassociated from Canadians. A criminal Cabal holding complete unaccountable power. From where I'm sitting, the only thing standing, between us and Harpers dictatorial agenda, if he gets 4 more years, is Rocco Galati and the few others like him.
"Where the law ends tyranny begins"

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Lorne said...

Well-said, Pamela. One can only take encouragement from the fact that there are still people like Rocco Galati in the world, people who refuse to bow to the anti-democratic and neon-liberal forces that engulf us. Such individuals show us that resistance is not futile.

Unknown said...

Thx Lorne. Rocco Galati is everything Harper isn't and that is Canada's gain.

Frank A. Pelaschuk said...

Extremely interesting and well-written article as well as extremely alarming. Rocco Galati's efforts are heroic and deserve recognition. While I have written on the Nadon affair, I must admit to being oblivious to COMER and its challenge to the Bank of Canada until this article. I am grateful to you for bringing it to my attention, Pamela. Is it too late, now that Harper's taken us down this road? Not as long as voices such as yours are heard.
I don't know enough about Galati, but I would think that is for such as he that monuments should be built.

Unknown said...

thx for your kind comments Frank.Rocco Galati is a very interesting man. He came he as a child from Italy in 1959. He openly talks about the white anglo-saxon rejection , particularly certain immigrant groups. I went to catholic schools and many Italians came over in the late 50's. I went to school with alot of italian kids and saw first hand how some of the teachers were racist toward them. It was alien to me, because although I come, in part anyway, from a very anglo saxon family on my fathers side, he and his family loved italian culture
and many of them married italians, so I have many cousins, with last names like Corsini and Palango. My parents were not racists, quite a feat I realized when I got older, because many from there generation were. I find galati a fascinating man. His independence both intellectually and personally is what impresses me.