Peace Order Good Government

An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.

The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.

Was Canada's Dominion experiment of 1867 an experiment in political domination? Looking to taxes provides the answer: they are a privileged measure of both political agency and political domination. To pay one's taxes was the sine qua non of entry into political life, but taxes are also the point of politics, which is always about the control of wealth. Modern states have everywhere been born of tax revolts, and Canada was no exception. Heaman shows that the competing claims of the propertied versus the people are hardwired constituents of Canadian political history. Tax debates in early Canada were philosophically charged, politically consequential dialogues about the relationship between wealth and poverty. Extensive archival research, from private papers, commissions, the press, and all levels of government, serves to identify a rising popular challenge to the patrician politics that were entrenched in the Constitutional Act of 1867 under the credo "Peace, Order, and good Government." Canadians wrote themselves a new constitution in 1867 because they needed a new tax deal, one that reflected the changing balance of regional, racial, and religious political accommodations. In the fifty years that followed, politics became social politics and a liberal state became a modern administrative one. But emerging conceptions of fiscal fairness met with intense resistance from conservative statesmen, culminating in 1917 in a progressive income tax and the bitterest election in Canadian history. Tax, Order, and Good Government tells the story of Confederation without exceptionalism or misplaced sentimentality and, in so doing, reads Canadian history as a lesson in how the state works. Tax, Order, and Good Government follows the money and returns taxation to where it belongs: at the heart of Canada's political, economic, and social history.

For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.

From award-winning author Michael Adams, Could It Happen Here? draws on groundbreaking new social research to show whether Canadian society is at risk of the populist forces afflicting other parts of the world. Americans elected Donald Trump. Britons opted to leave the European Union. Far-right, populist politicians channeling anger at out-of-touch “elites” are gaining ground across Europe. In vote after shocking vote, citizens of Western democracies have pushed their anger to the top of their governments’ political agendas. The votes have varied in their particulars, but their unifying feature has been rejection of moderation, incrementalism, and the status quo. Amid this roiling international scene, Canada appears placid, at least on the surface. As other societies retrench, the international media have taken notice of Canada’s welcome of Syrian refugees, its half-female federal cabinet, and its acceptance of climate science and mixed efforts to limit its emissions. After a year in power, the centrist federal government continues to enjoy majority approval, suggesting an electorate not as bitterly split as the ones to the south or in Europe. As sceptics point out, however, Brexit and a Trump presidency were unthinkable until they happened. Could it be that Canada is not immune to the same forces of populism, social fracture, and backlash that have afflicted other parts of the world? Our largest and most cosmopolitan city elected Rob Ford. Conservative Party leadership hopeful Kellie Leitch proposes a Canadian values test for immigrants and has called the Trump victory “exciting.” Anti-tax demonstrators in Alberta chanted “lock her up” in reference to Premier Rachel Notley, an elected leader accused of no wrongdoing, only policy positions the protesters disliked. Pollster and social values researcher Michael Adams takes Canadians into the examining room to see whether we are at risk of coming down with the malaise affecting other Western democracies. Drawing on major social values surveys of Canadians and Americans in 2016—as well as decades of tracking data in both countries—Adams examines our economy, institutions, and demographics to answer the question: could it happen here?

In this startlingly original vision of Canada, renowned thinker John Ralston Saul argues that Canada is a Métis nation, heavily influenced and shaped by Aboriginal ideas: Egalitarianism, a proper balance between individual and group, and a penchant for negotiation over violence are all Aboriginal values that Canada absorbed. An obstacle to our progress, Saul argues, is that Canada has an increasingly ineffective elite, a colonial non-intellectual business elite that doesn't believe in Canada. It is critical that we recognize these aspects of the country in order to rethink it's future.