Ontario’s free speech policy is a good start, but it doesn’t go far enough

Universities must protect free speech or risk losing their government funding.

That’s the crux of a policy unveiled last week by the new Progressive Conservative government in Ontario, Canada. It’s a much-needed step in the fight against the campus censorship that’s become so rampant across North America.

Every taxpayer-funded post-secondary institution has until the new year to “develop and publicly post its own free speech policy” based on the University of Chicago principles, the government said.

Since being minted in 2014, dozens of American schools have adopted the Chicago principles, which affirm that “debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral or wrong-headed.”

None in Canada has, though not for lack of need.

Last year, the University of British Columbia set out to develop its own statement affirming free speech, but after eight months published one that was anything but.

“We must hold in balance concurrent legal and moral responsibilities regarding freedom of expression while providing a respectful, constructive and inclusive environment for all,” the final version said.

This is vexing because of how often campus censorship thrives under the guise of fostering “inclusivity.” When it comes to open debate, these spaces are often as exclusive as can be, depending on what you believe.

It was only last fall when Lindsay Shepherd, a teaching assistant at Wilfrid Laurier University in Waterloo, Ont., was reprimanded in a closed-door witch trial for daring to show a clip from a public affairs television show of Jordan Peterson debating gender identity.

Laurier eventually exonerated Shepherd when its president conceded “numerous errors in judgement” took place in the meeting—including the existence of the meeting.

The only consequences for the school’s attempt to shame and bully a student into submission on ideological grounds came about from the public relations crisis the incident created. That only happened because Shepherd covertly recorded the session.

Laurier would be a lot more reticent to trample on academic freedom if its grant money was in jeopardy.

Ontario’s approach demands that schools ensure free speech not only for faculty and students, but also guests on campus.

Critics have called this approach heavy-handed, arguing free speech isn’t all that free when the state is forcing it. If this was at a private college, I’d agree.

However, these schools are owned and funded by the government, so they should be expected to uphold the same freedoms government is obliged to safeguard.

Unfortunately, Ontario courts have disagreed in recent years. The Ontario Superior Court of Justice has twice ruled that student unions are private non-profits and should be allowed to set out whatever regulations they want.

The judges neglected to consider the monopolistic power student unions are given by administrators to govern student life. If you want to book a speaker or convene a club, you have to go through a student union.

Last year, the University of Ottawa refused to ratify a pro-life club on campus, claiming its mandate was not compliant with the student union’s pro-choice stance.

It was the same university whose provost sent a letter to Ann Coulter in 2010 to “inform” her that “promoting hatred against any identifiable group would not only be considered inappropriate, but could in fact lead to criminal charges,” in advance of an upcoming talk, which ended up being cancelled minutes before it was set to begin after protestors mounted to such a point police could not guarantee anyone’s safety.

A fire alarm was pulled, registration tables were flipped, and entrances were blocked.

In 2010, this was outrageous. In 2018, it’s expected. For that reason alone, it’s easy to say universities—and many of their students—have failed when it comes to free speech.

Clubs that don’t meet certain ideological standards are denied ratification. If they become sanctioned clubs, they’re denied space for events. If they get the space, they have to contend with thousands of dollars in “security fees.” If they manage to do all that, one tug of a fire alarm gets the event cancelled anyway.

This is the all-too-common progression on campuses lacking a commitment to free speech.

The new Ontario policy forces administrators to protect free speech, but doesn’t go far enough when dealing with student unions, only requiring schools “consider” yanking financial support from student groups that don’t play ball.

The Canadian Federation of Students said in a statement that the Ontario government is “forcing (universities) to pick a side in what is a deeply important public debate.”

The “debate” CFS chairperson Nour Alideeb is referring to is that of free speech, which shouldn’t be much of a debate at all on a campus.

Her statement underscores why the policy is so important in the first place. It’s lamentable government must step in to protect free speech, but doing so is the right move.

Discount Maxime Bernier at your peril

A part of me feels as though I’m spending too much time writing and talking about Maxime Bernier and his exit from the Conservative Party. But, at the same time, it’s one of the most interesting–and potentially disruptive–episodes of Canada’s politics for several years.

While I will endeavor to diversify, I also won’t apologize for shining the necessary light on this, especially as what it is Bernier is creating continues to become a bit more clear. In my Loonie Politics column this week, I look at Bernier’s fundraising success right out of the gate, and also the polling that’s showing he’s making an impact. As I note, there’s no guarantee he’ll maintain that support for the next 13 months, but it’s a start that should worry the Conservatives.

You can read the full column at Loonie Politics, for which you can pick up a discounted subscription by using the promo code ‘Lawton’.

A Nanos poll, commissioned by the Globe and Mail, found Bernier’s as-of-yet-unnamed party enjoys 17 per cent support among Canadians, with 12 per cent unsure.

This is far from majority — or even minority — government territory, but it’s a strong enough showing for him to be a spoiler for the Conservatives, or, if the number increases, a potential official opposition leader.

What Bernier is able to accomplish electorally will depend not only on his support, but also the distribution of it.  He’ll be able to win votes in Quebec that are generally closed off to conservatives.  His support in Alberta will be strong.  In Ontario, where Conservatives sometimes win with razor thin margins, he has the potential to sabotage the Conservative Party of Canada’s path to a majority.

Anyone telling a pollster this far out from an election that they’ll vote for Maxime Bernier’s party irrespective of its name, platform, candidates and debate performance is either a diehard supporter or someone merely flirting with an exciting, new anti-establishment party.

A fuller picture of what the party is all about will help cement new supporters, but it may also lose support from the fair-weather types who so readily boarded the Bernier bus.

This is all to say that no one should count him out.  Not Andrew Scheer, not the media, and not the Liberals.

This isn’t a prediction, but a warning.  Ignoring or downplaying grassroots movements is an easy way to look like a fool.

Maxime Bernier’s “party bomb”

I had the great pleasure of joining my friends Bob Metz and Robert Vaughan, hosts of Just Right, last week to discuss what the gentlemen have accurately characterized as Maxime Bernier dropping a “bomb” on Canada’s political establishment, which I wrote about here.

One of my great frustrations with traditional radio is how rarely one gets the opportunity to delve into issues at length during quick segments, so I was glad to get the full hour with Bob and Robert.

As a conservative who both appreciates the principled views of Maxime Bernier and the importance of political party unity, Andrew Lawton joins us for a discussion about the potential consequences of this incredible development. Having recently represented Ontario Premier Doug Ford’s Progressive Conservative Party in London West during Ontario’s last election, Andrew shares his views on the perpetual balancing act faced by political parties on the ‘right.’

Have a listen at this link!

Trudeau reveals gun-grabbing ambitions in mandate letter to Bill Blair

I can’t say I’m surprised, but that doesn’t make it any easier to stomach. In this week’s Loonie Politics column, I tackle the quiet announcement—buried in a 1,780 word letter—that the government will be exploring a national handgun ban.

You can read the full column at Loonie Politics, for which you can pick up a discounted subscription by using the promo code ‘Lawton’.

It was 18 years ago that Charlton Heston famously said the government would have to pry his guns from his “cold, dead hands.”  So memorable was the line that most have forgotten its preamble, which now applies to Canadian politics.

Moments earlier in his speech, Heston issued to gun owners a call to action, in the face of concerns presidential candidate Al Gore would curb gun rights, if elected.

“Will you remain silent?”, Heston asked.  “I will not remain silent.  If we are going to stop this, then it is vital to every law-abiding gun owner…(to) show up at the polls on Election Day.”

Canadian gun owners just got their call to action — from Justin Trudeau, oddly.

On Tuesday, the Prime Minister’s Office released its mandate letter for Bill Blair, laying out what Trudeau expects the former Toronto police chief to accomplish in his new role as Canada’s first Minister of Border Security and Organized Crime Reduction.

At least we know what Blair is supposed to be doing now.  For weeks, he was a minister-in-name only, existing without a mandate, a staff, or even an office.  I’ve heard of make-work positions, but this was a no-work position.

I was quite critical of this a few weeks ago, though now that I see the job description I find myself longing for the days when he didn’t have one.

Bernier’s move is about principles, but that doesn’t mean it will work

Maxime Bernier is either a foolhardy narcissist or the last remaining principled man in politics, depending on who you ask.

‘Mad Max’ left the Conservative Party of Canada last week, calling it “intellectually and morally corrupt” and vowing to launch what he posits as a true conservative alternative.

The move was spurned by almost all of official Canadian conservatism’s figures, including Jason Kenney, who served alongside Bernier as a minister; Stephen Harper, who twice appointed Bernier to cabinet; and Tony Clement, who was one of a small number of caucus members to endorse Bernier’s leadership bid last year.

I highlight these condemners in particular because they’ve all played a role in Bernier’s success as a politician. More importantly, they were all part of the tense—but necessary—uniting of the right in Canada just 15 years ago. Kenney also brought together both of Alberta’s conservative parties last year, and will most likely be the province’s next premier as a result.

A fractured right elects Liberals. It’s that simple. However, party splits have also been instrumental in reconnecting purportedly right-of-centre parties with their conservatism and their grassroots. This process requires several electoral losses along the way.

Preston Manning’s Reform Party did it for the federal Progressive Conservatives, just as the Wildrose Alliance did it for Alberta’s PCs. Both PC parties were governed by dysfunction, elitism, and statism at the times of their dissolutions. Frankly, I don’t see a parallel between them and Andrew Scheer’s Conservatives.

Bernier clearly disagrees. His announcement seemed inevitable, in many respects. The press conference—coinciding with the kickoff of the Conservative convention in Halifax—was the climax of an increasing alienation of Bernier from the party he almost became the leader of just 15 months ago.

A few weeks back, when Bernier was taking aim at Justin Trudeau’s cult of diversity, Scheer publicly condemned what he described as “identity politics” from Bernier.

After that, the writing was on the wall. Bernier was either going to leave caucus or get kicked out of it. Either way, his future wasn’t in that party.

I thought Scheer was wrong when he issued the statement, just as I thought he was wrong to eject Bernier from shadow cabinet earlier this summer over disagreements about supply management.
I defended Bernier in both of those instances. I also endorsed his leadership bid last year, though I wasn’t unhappy with Scheer’s victory (the party’s untenable position on dairy cartels not withstanding.)

Bernier says his exit is about principles. To Scheer and company, it’s simply ego. This is most likely a deeper and longer-standing rift that is only entering the public fray now.

If what comes next is about the issues, Bernier will be a credible force. His commentaries that attracted the ire of the Conservative establishment have, in my view, been spot on. I just wish it was the Conservative Party of Canada saying these things. Or, at the very least, not opposing them.

Whether or not this is true, Bernier’s departure sends a message that the Conservatives are no longer the oft-cited big tent party.

I was happy with a CPC bearing Andrew Scheer’s consensus-building, Maxime Bernier’s free market bona fides, Lisa Raitt’s experience, Michelle Rempel’s acuity, and Deepak Obhrai’s scarves. Stephen Harper forged a successful coalition with room for social conservatives, libertarians, and red Tories alike.

Much of that cohesion was illusory though. Instead of welcoming diversity of expression on contentious subjects, the Conservatives have historically pushed anything remotely controversial off the table in pursuit of ‘common ground’ policies like lower taxes and less red tape.

Bernier threatened the status quo by refusing to go along with positions at odds with those a free market-supporting party should be championing.

While supply management is hardly the most pressing concern in Canadian politics, it’s illustrative of the pandering that dominates all parties’ politics. It’s not as easy to ignore the giant quota-laden cow in the room now that supply management is central to a looming trade war with the United States.

I’d have more sympathy for the CPC’s support of supply management if all the MPs supporting it publicly also did so privately. Many do, but many don’t. I’ve had first-hand conversations with several caucus members to that effect.

This made it all the more uncomfortable for them to be forced, by Bernier, to defend it.

Bernier could either fall in line or walk away. He did the latter, risking his political career in the process.

Whether one supports or opposes this new party, it’s difficult to interpret it as anything less than a principled stand. Suppose Bernier stayed in the party and Justin Trudeau won re-election, proving Scheer to be as lacklustre as Bernier charges. Bernier could swoop in with a “Told ya so,” and present himself as a natural replacement.

This will be all but impossible now—especially if his party performs well enough that it can be blamed for a Conservative loss through all-too-familiar vote-splitting. That’s assuming, of course, Bernier is able to put together a 338-person slate with enough bench strength to be a viable and capable conservative party. With no caucus members preparing to flip—at least at this point—he’s got his work cut out for him.

Bernier must avoid his new party becoming a concession prize for unsuccessful CPC nomination contestants.

Depsite the lack of establishment support, he has momentum and grassroots support. While Twitter is (thankfully) not real life, the buzz for Bernier’s party is significant, especially if he can leverage it into fundraising and a solid ground game.

Bernier needs to prove he’s more than just an army of one. Scheer needs to prove the contrary. If anyone can pull it off, it’s Mad Max.

They call him that for a reason.