Posts in Magna Carta
Up the Brocks

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For over a decade I've had the privilege of being associated with the Brockville Rifles, despite my own complete lack of military service, thanks initially to Brigitte and I spending a weekend "embedded" with the Brocks as journalists on an urban warfare exercise at Fort Drum and then both of us being made honorary members of their officers' mess.

It's a remarkable experience and one I wish more Canadians knew about. The Brocks are a "reserve" regiment. They train citizen-soldiers who, if they see active service, will do so seconded to other regiments. Even in World War II, with massive mobilization, the Brocks were "feeders" to the Stormont Dundas and Glengarry Highlanders, themselves now also a reserve unit. But that doesn't make them second string.

In the first place, members of Canada's dozens of reserve units are a vital supplement to the regular forces in places like Afghanistan, serving on equal terms. But in the second, they are a crucial link between citizens and the military.

It is impossible to overstate the importance, over many centuries, of that link. In the free countries of the Anglosphere, security has never been primarily the responsibility of military professionals, dedicated as they are. Indeed it has always been understood that for the military to see itself as separate from society, an elite answerable to the state not to their fellows, is a dangerous step toward tyranny. By contrast for citizens to see the military in themselves and vice versa, as with the police, is part of a healthy body politic.

The reserve-based citizen-soldier connection is also important because it helps maintain awareness and appreciation among citizens of the need for readiness in an uncertain world and an understanding that national defence is not "someone else's problem" but that of their neighbours, their colleagues, their relatives and themselves. Including readiness to respond to domestic emergencies whether natural or man-made.

Over the years I've had the opportunity to write about the reserves on a number of occasions including in Reader's Digest after another embedded exercise, at Petawawa, in which Brigitte and I even got to ride in helicopters and wave honey-soaked rations at a mama bear. (OK, that was just me, and not on purpose.) And I've been privileged to speak to the Brocks' annual mess dinner. But it's difficult to convey the special world of the reserves to those not familiar with it.

So when I got a newsletter concerning the 150th anniversary celebrations for the regiment, I thought "This really is a remarkable window into the community of the Brockville Rifles." Not just the community within the regiment, but the larger community of current and former members and their civilian friends and supporters. So I contacted them to ask whether it would be appropriate to share it and they said to go ahead. Here it is: (you can also view it here)

[pdf-embedder url="http://www.thejohnrobson.com/wp-content/uploads/2016/06/150th-Mass-email-letter_June-2016_Final.pdf"]

If you read the letter, I think most of you will get a sense that something unfamiliar but clearly wonderful and important is going on here. And I hope you'll consider getting to know the reserves in your own town, city or area, and to understand just how important the citizen-soldier is not just to our defence but to our way of life. Up the Brocks! And happy 150th.

King Justin

In my latest column for the National Post I argue that Trudeau manhandling MPs was not just rudeness to colleagues. It was an assault by the executive branch on the legislature and, therefore, on Canadian citizens, who elect MPs to control the government on their behalf. One more reason we urgently need to fix our Constitution. Please back our documentary project and help us show the way.

Be counted... or else

Today I got this envelope from Statistics Canada saying "2016 Census: Complete the census - it's the law." (Equally rude in French: "Recensement de 2016: Répondez au recensement - c'est la loi".) I am told the government is the servant of the people. But this peremptory tone, giving orders without even a pretence at "please," is not how a servant speaks to a master. Quite the reverse. Remember how all the right people were shocked and appalled when the Harper Tories got rid of the long form census? Without accurate data, they complained, social scientists would find it hard to engineer satisfaction of the human units to a sufficient number of decimal places. Which I always found rather an odd conception of the proper role of government and of its abilities. And look how they talk to us now that it's back.

The smart set make a lot of fuss about "evidence-based decision-making". But a decision to trust the intelligence or benevolence of government doesn't seem to me to be based on much sound evidence. Not even the personal stuff I have to provide or else, according to this envelope that just marched into my house, waved a pair of handcuffs at me and started shouting questions.

Judges please be nice

An odd piece in today's National Post by former federal justice minister and attorney-general Peter Mackay laments that "Over the last decade, the Supreme Court has often seemed at odds with elected governments over legislation designed to emphasize enforcement of the rule of law and reflect the public demand for greater accountability." The complaint is not odd given how often the Court was at odds with the ministry in which he served or given how often Courts do now make law. What is odd is that he offers no remedy.

In the piece, which I'm not linking to because I can't find an online version, he complains that judge-made law seems not to meet the needs of the situation: "Lost in the activist celebration in some circles are the basic facts. Recidivism rates in some areas of our justice system are on the rise and public confidence in our system is waning and turning victims in particular away from reporting." And he notes that judges increasingly go beyond their mandate to strike down blatantly unconstitutional law to override decisions made by legislators elected in campaigns in which those issues were thoroughly debated. But his argument seems to be mostly against the substance of what judges are doing, not the process.

To be sure, his concluding paragraph says "Today one branch encroaches on another over mandatory minimums or truth in sentencing. Let the next activist victory not be at the expense of society’s most vulnerable." And the first part seems to point to rebalancing our constitution. But the second seems to me to be a plea to judges not to misuse their mighty new powers.

I say "activist" victories should not be at the expense of society's elected representatives, and of the right of the rest of us to control government and set the terms under which it operates. All three branches of government, that is. Which is why, again, we launched our "True Strong and Free" project to fix the constitution, including restoring balance with respect to the judiciary rather than just begging judges to be nice to us.

 

Johnson v Obama on Brexit

A nice piece in today's Daily Telegraph advocating Brexit and criticizing Barack Obama's intervention in the debate (on which I commented recently), by London mayor and long-time columnist Boris Johnson. He says that "to stay in the EU" is to consent "to the slow and insidious erosion of democracy in this country". He's exactly right. And if the pro-EU campaigners aren't exactly aware of it, they certainly hold a worldview that categorizes genuine self-government as an irritating obstacle to progress rather than vital to preserving a decent society. There is no European Magna Carta and it matters. And if we want to maintain the foundations of individual dignity and enterprise that have made Canada what it is, we need to recapture our own sense of the enduring importance of self government and an awareness that, to the extent that "progress" and liberty are antithetical, we should choose liberty.

So close, and yet so far

A curious intervention by Barack Obama in Britain’s debate over leaving the EU. It’s not odd that he supports them staying in. He would. But it’s odd that for once he got the premise so right though as usual he got the conclusion so wrong. After a ritual nod to Britons’ right to decide their destiny for themselves, the American president launched into a rightly derided and probably counterproductive attempt to cajole and bully them into submerging their sovereignty in the European Union, including threatening their access to American markets with a claim that a genuinely independent Britain would go to “the back of the queue” for a trade deal, well behind the EU. So much for the special relationship, I guess.

I find Obama's performance more than usually curious because his effort to flatter the British drew on the shared values that underlie that special relationship: “As citizens of the United Kingdom take stock of their relationship with the EU, you should be proud that the EU has helped spread British values and practices – democracy, the rule of law, open markets – across the continent and to its periphery.”

He’s quite right about the first part. Those are British and subsequently American, Canadian, Australian and New Zealand values. Government in the Anglosphere, as we argued in our Magna Carta documentary and will in the “True North and Free” project currently under way, is dramatically different even from government in the more politically pleasant parts of Europe, let alone the rest of the world. And Obama isn’t normally sensitive to such matters, to put it mildly. But he went on to say “The European Union doesn’t moderate British influence – it magnifies it.” And that’s completely wrong.

The EU isn’t democratic. It’s not tyrannical. But it is bureaucratic, centralized and unaccountable. It stands more for rule by law than of law, in the vital sense of fair, stable rules that arise from the people and protect their right to make their own choices. And it stands for government meddling not open markets. I do think the British example has made Europe better over time; even France, let alone Germany, has to some extent been embarrassed into creating more responsive and less repressive governments. But both also made impressive efforts to crush British liberty by force. And neither have embraced the common law system under which governments emanate from the people organically rather than standing majestically, or stodgily, above them.

Obama then claimed that “A strong Europe is not a threat to Britain’s global leadership; it enhances Britain’s global leadership. The United States sees how your powerful voice in Europe ensures that Europe takes a strong stance in the world, and keeps the EU open, outward looking, and closely linked to its allies on the other side of the Atlantic. So the US and the world need your outsized influence to continue – including within Europe.” Which is utter bosh.

Britain’s influence in the world has dwindled dramatically since it joined the European Economic Community, forerunner to the EU, back in 1973. Not only because it joined. But it was part and parcel of turning away from the glorious heritage of liberty that had made this damp, chilly foggy group of islands a hyperpower economically, culturally and militarily and also the “Mother of the Free” described in Land of Hope and Glory. Worse, Britain’s influence in Britain has dwindled, as law, regulation, and even jurisprudence come increasingly from the alien continental system.

For over a thousand years Britons decided their destiny for themselves, via a Parliament that controlled the executive in a way not even Europeans managed and nobody else really even tried. That is the system that spread to the United States as well as Australia, New Zealand and Canada. And precisely because democracy in the desirable sense, rule of law in the desirable sense and open markets in the genuine sense are British values, they should leave the EU.

Europe is so close to Britain. And yet it is so far away. And so is Barack Obama.