Saturday, April 17, 2010

Overhauling Canada's failed refugee system

The London Free Press
By Rory Leishman

Immigration Minister Jason Kenney has moved quickly and effectively to improve Canada’s grossly inept refugee system. However, there remain several other fundamental reforms to Canada’s lax immigration procedures that are urgently required to safeguard national security.
When Kenney took over as immigration minister in October, 2008, close to half of the refugee claimants pouring into Canada were coming from just two countries – Mexico and the Czech Republic. That was plainly ridiculous. The overwhelming majority of these asylum seekers were economic migrants with no valid claim to refugee status.
So why did they come to Canada under the pretence of seeking asylum? The answer is evident: Word got around in Mexico and the Czech Republic that Canada’s screening system is so slow and cumbersome that it takes years – up to 10 years in come cases – from the time a bogus asylum application is made until the culprit is deported.
Meanwhile, asylum seekers are entitled to free legal counsel to process their claims as well as full health and welfare benefits. The estimated average cost of failed asylum claims to Canadian taxpayers is close to $50,000.
In 2008 alone, Quebec received close to 6,000 asylum seekers from Mexico at a cost to Quebecers of $171 million. According to the independent Immigration and Refugee Board of Canada (IRB), 90 per cent of these claims were bogus.
That did not sit well with the Quebec government which demanded that Kenney take action to stop this scandalous waste of taxpayers’ money. He responded last June, by imposing visa requirements on all visitors from both Mexico and the Czech Republic with the result that refugee claims from these countries have slowed to a trickle.
Most of Canada’s immigration lawyers protested. They benefited hugely from the old system that allowed more than 10 times the number of asylum seekers per capita into Canada than into the United States.
Some church groups and other non-governmental organizations that assist in the resettlement of refugees in Canada have also decried Kenney’s crackdown on bogus asylum seekers. The leaders of these organizations would do better to concentrate their efforts on helping genuine refugee claimants from oppressive countries like Iran and the war-torn regions of Africa who have suffered terribly and face a real threat of persecution, torture and/or death should they be forced to return to their home country.
Imposing visa requirements on the Czech Republic and Mexico was only a stop-gap measure. Now Kenney has followed up with a comprehensive plan for overhauling the refugee system that aims to give quick protection to genuine asylum seekers while discouraging bogus claimants from relatively safe countries and expediting the removal of migrants who worm their way into Canada under false pretences.
It remains to be seen how effective the new system will be. Of primary concern is the threat of terrorism. The vast majority of the thousands of immigrants and asylum seekers who enter Canada every year from terrorist-producing countries like Afghanistan, Pakistan, Algeria and Morocco are not screened for criminality or security.
In the current issue of C2C – Canada’s Journal of Ideas, James Bissett, former executive director of the Canadian Immigration Service, contends: “All prospective immigrants of the Muslim faith should be interviewed to determine if they hold extremist views and if so, they should be refused entry. The politically correct criticism that such a policy would be racist or religious profiling should be set aside in the interests of public safety.”
Currently, Canada annually takes in more than 250,000 immigrants and asylum seekers. Bissett points out that “the volume of immigration is so high, the practice of individual interviews and counselling of immigrants has been carelessly abandoned. This, in itself, is a confession that immigration in the past 25 years has become primarily a question of numbers at the expense of all else -– including the safety and security of Canadians.”
The conclusion is inescapable: To safeguard Canadians, the Harper government must either vastly increase the resources available to screen immigrants and asylum seekers; or substantially curtail the number of people migrating to Canada from terrorist-producing countries.

Saturday, March 20, 2010

Benedict a leader in fighting sexual abuse

The London Free Press
By Rory Leishman

In a rare display of political courage, British Prime Minister Gordon Brown defied public opinion in Britain, by reiterating his firm opposition to the legalization of euthanasia.

In England, as in Canada, the law now clearly provides that anyone who aids, abets or counsels another person to commit suicide is guilty of a criminal offence punishable by imprisonment for up to 14 years. In Britain, a recent poll found that more than 80 per cent of the people believe this law should be amended "to allow some people such as doctors and/or close relatives to assist a suicide in particular circumstances."

Brown disagrees. In an article in The Daily Telegraph on Feb. 24, he noted that many people who support assisted suicide are misinformed. They do not understand that a patient already has a right in law to refuse any medical treatment and that the law as applied by the caring professions "supports good care, including palliative care for the most difficult of conditions."

Having worked with his wife as a volunteer in a hospice, Brown attested: "I know in my heart that there is such a thing as a good death. And I believe it is our duty as a society to provide the skilled and loving care that makes it possible; and to use the laws we have well, rather than rush to change them."

Granted, the quality of palliative care in Britain, as in Canada, is sometimes woefully inadequate. Brown warns that legalizing assisted suicide is not the answer: It would "fundamentally change the way we think about mortality.

"The risk of pressures – however subtle – on the frail and the vulnerable, who may feel their existences burdensome to others, cannot ever be entirely excluded. And the inevitable erosion of trust in the caring professions – if they were in a position to end life – would be to lose something very precious."

Over the past 80 years, the British Parliament has many times considered and, after thorough consideration, rejected proposals to legalize assisted suicide. That does not sit well with Debby Purdy, a woman afflicted with multiple sclerosis. In an attempt to do an end run around Parliament, she appealed to the courts for a ruling that she has a human right to know that her husband will not be prosecuted if he helps her to kill herself by traveling to a legal euthanasia clinic in Switzerland.

In the similar Rodriguez case in 1993, the Supreme Court of Canada came within one vote of striking down the Canadian law on assisted suicide on the grounds that handicapped Canadians have an equality right to assistance in killing themselves. The British courts are not so high handed: In a ruling last August for the Lords of Appeal in Purdy, Lord Hope of Craighead stated: "It must be emphasised at the outset that it is no part of our function to change the law in order to decriminalise assisted suicide. If changes are to be made, as to which I express no opinion, this must be a matter for Parliament."

Nonetheless, Lord Hope ordered Keith Starmer, the Director of Public Prosecutions in England and Wales, to clarify the guidelines governing the prosecution of persons who assist in a suicide. In compliance with this order, Starmer issued a new set of guidelines last week that were welcomed by Purdy but stopped well short of providing her with the assurance she was seeking.

That's as it should be. Crown prosecutors have no more right than the courts to fail to uphold the law as enacted and intended by Parliament in compliance with the Constitution.

Brown is heading into an inevitable general election within the next few weeks. Win or lose, he can at least have the satisfaction of knowing that in dealing with the vital issue of euthanasia, he exercised his best judgment about what is right and best for the British people rather than allow his conduct to be governed by the latest vagaries of misinformed public opinion.

Saturday, March 06, 2010

British PM repudiates euthanasia

The London Free Press
By Rory Leishman

In a rare display of political courage, British Prime Minister Gordon Brown defied public opinion in Britain, by reiterating his firm opposition to the legalization of euthanasia.

In England, as in Canada, the law now clearly provides that anyone who aids, abets or counsels another person to commit suicide is guilty of a criminal offence punishable by imprisonment for up to 14 years. In Britain, a recent poll found that more than 80 per cent of the people believe this law should be amended "to allow some people such as doctors and/or close relatives to assist a suicide in particular circumstances."

Brown disagrees. In an article in The Daily Telegraph on Feb. 24, he noted that many people who support assisted suicide are misinformed. They do not understand that a patient already has a right in law to refuse any medical treatment and that the law as applied by the caring professions "supports good care, including palliative care for the most difficult of conditions."

Having worked with his wife as a volunteer in a hospice, Brown attested: "I know in my heart that there is such a thing as a good death. And I believe it is our duty as a society to provide the skilled and loving care that makes it possible; and to use the laws we have well, rather than rush to change them."

Granted, the quality of palliative care in Britain, as in Canada, is sometimes woefully inadequate. Brown warns that legalizing assisted suicide is not the answer: It would "fundamentally change the way we think about mortality.

"The risk of pressures – however subtle – on the frail and the vulnerable, who may feel their existences burdensome to others, cannot ever be entirely excluded. And the inevitable erosion of trust in the caring professions – if they were in a position to end life – would be to lose something very precious."

Over the past 80 years, the British Parliament has many times considered and, after thorough consideration, rejected proposals to legalize assisted suicide. That does not sit well with Debby Purdy, a woman afflicted with multiple sclerosis. In an attempt to do an end run around Parliament, she appealed to the courts for a ruling that she has a human right to know that her husband will not be prosecuted if he helps her to kill herself by traveling to a legal euthanasia clinic in Switzerland.

In the similar Rodriguez case in 1993, the Supreme Court of Canada came within one vote of striking down the Canadian law on assisted suicide on the grounds that handicapped Canadians have an equality right to assistance in killing themselves. The British courts are not so high handed: In a ruling last August for the Lords of Appeal in Purdy, Lord Hope of Craighead stated: "It must be emphasised at the outset that it is no part of our function to change the law in order to decriminalise assisted suicide. If changes are to be made, as to which I express no opinion, this must be a matter for Parliament."

Nonetheless, Lord Hope ordered Keith Starmer, the Director of Public Prosecutions in England and Wales, to clarify the guidelines governing the prosecution of persons who assist in a suicide. In compliance with this order, Starmer issued a new set of guidelines last week that were welcomed by Purdy but stopped well short of providing her with the assurance she was seeking.

That's as it should be. Crown prosecutors have no more right than the courts to fail to uphold the law as enacted and intended by Parliament in compliance with the Constitution.

Brown is heading into an inevitable general election within the next few weeks. Win or lose, he can at least have the satisfaction of knowing that in dealing with the vital issue of euthanasia, he exercised his best judgment about what is right and best for the British people rather than allow his conduct to be governed by the latest vagaries of misinformed public opinion.

Monday, March 01, 2010

Mounting attacks on freedom of religion

Catholic Insight
By Rory Leishman

Faithful Catholics should brace themselves and their children for tougher times ahead as atheistic politicians become ever bolder in their attacks on freedom of conscience and religion.

In England, Prime Minister Gordon Brown's Labour government recently introduced a sweeping, new Equality Bill that subjects churches to a wide-ranging ban on discrimination in employment. Speaking on behalf of the Catholic Bishops of England and Wales, Archbishop Peter Smith of Cardiff denounced the proposed law on the ground that it could be construed by the courts as requiring the Church to hire women, practising homosexuals and transsexuals as both priests and lay employees.

John Sentamu, the Anglican Archbishop of York, likewise objected to the legislation. During debate in the House of Lords, he observed: "Noble Lords may believe that Roman Catholics should allow priests to be married; they may think that the Church of England should hurry up and allow women to become bishops; they may feel that many churches and other religious organisations are wrong on matters of sexual ethics. But if religious freedom means anything, it must mean that those are matters for the churches and other religious organisations to determine in accordance with their own convictions."

On January 25th, the House of Lords amended the Equality Bill to exempt churches from the ban on discrimination in employment. Then, on February 1, Pope Benedict XVI weighed in on the controversy, urging the English and Welsh bishops to maintain their opposition to legislation that imposes "unjust limitations on the freedom of religious communities to act in accordance with their beliefs."

That was enough for Brown. On February 2, his office disclosed that the government would not attempt to ram the original Equality Bill through the Commons over the objection of the House of Lords.

Meanwhile, freedom of religion is likewise under systematic attack in Canada. In 2008, the Ontario Human Rights Tribunal held that Christian Horizons, an evangelical Christian organization that cares for handicapped persons, had no right to fire an employee for entering into a lesbian relationship in violation of her promise to uphold the agency’s morality code.

Now, Catholic schools are under pressure. In a memorandum on June 24, former Ontario education minister Katherine Wynne, a lesbian, advised all publicly funded school boards in the province, Catholic and secular, that each "board’s workforce should reflect the diversity within the community." She made no reference to the historic right of Catholic Boards to favour committed and practising Catholics in hiring teachers -- a policy that is currently the subject of a complaint to the Ontario Human Rights Tribunal by a non-Catholic teacher who was refused employment by the Wellington Catholic District School Board.

Wynne also summoned all Ontario schools to "discuss and address" homophobia, and to assure that "everyone in our publicly funded education system – regardless of background or personal circumstances – must be welcomed and accepted."

Faithful Catholics do not need any admonition from Wynne to oppose unfair discrimination against homosexuals. In a statement issued in 2004, the Ontario Conference of Catholic Bishops deplored the higher rates of suicide among homosexual students and underlined “the right of each student to be free of harassment, violence or malice in speech or action."

Of course, the Catholic schools are also supposed to affirm that homosexual acts are "intrinsically disordered." Does imparting this teaching of the Church conform with Wynne's decree that all students, including sexually active homosexuals, "must be welcomed and accepted" in all publicly funded schools?

That, to say the least, is open to doubt. Wynne made no reference in her memorandum to the provisions in the Ontario Human Rights Code and the Constitution of Canada that are supposed to guarantee the right of Catholic schools to govern themselves in accordance with the teachings of the Catholic Church.

In a cabinet shuffle on January 25, Ontario's nominally Catholic Premier Dalton McGuinty removed Wynne from the education ministry and replaced her with Leona Dombrowsky, a Catholic with seven years of experience as chair of a Catholic school board. Let us hope and pray that Dombrowsky proves to be more supportive of the aims of Catholic education than her secular predecessor.

Saturday, February 13, 2010

Canada's fiscal advantage

The London Free Press
By Rory Leishman

According to the latest governmental estimates, Canada is heading toward a record federal budget deficit of close to $56.9 billion. That's disturbing, yet Finance Minister Jim Flaherty has good reason to insist: "This country looks so great compared to most of the other western industrialized countries."

Consider, for example, the United States. President Barrack Obama is projecting a gargantuan budget deficit of $1.56 trillion deficit in 2010. That amounts to 10.6 per cent of the country's entire economic production, far higher than the corresponding Canadian ratio of just 3.8 per cent.

Flaherty projects that as the economy recovers and government revenues increase, the government of Canada will be able to eliminate the federal budget deficit over the next five years without having to resort to tax increases or any major spending cuts. While some experts consider that view unduly optimistic, no one thinks that Canada is in serious fiscal trouble.

The same cannot be said for the United States. The Economist magazine has warned: "Mr. Obama’s budget reveals a road-map to fiscal catastrophe." Correspondingly, in a news analysis headlined "Deficits May Alter U.S. Politics and Global Power," the New York Times reported: "By President Obama's own optimistic projections, American deficits will not return to what are widely considered sustainable levels over the next 10 years... His budget draws a picture of a nation that like many American homeowners simply cannot get above water."

Britain is in even worse shape as the Labour government of Prime Minister Gordon Brown is running up a government deficit of no less than 14.2 per cent of GDP. Meanwhile, after years of reckless deficit spending, the socialist government of Greece is hovering on the brink of outright bankruptcy.

What accounts for Canada's relatively good fortune? The Liberals deserve much of the credit. In 1998, former Liberal finance minster Paul Martin ended 27 consecutive years of deficit spending, by means of a series of major tax hikes and spending cuts. In doing so, he set the basis for 10 straight years of budget surpluses that lifted Canada out of the kind of serious debt crisis now confronting the United States and Britain.

However, it was those same Liberals that got Canada into fiscal trouble in the first place. When Pierre Trudeau took over as prime minister in 1968, he inherited a budget surplus. But when he left office in 1984, his government ran up a record peacetime budget deficit of close to nine per cent of GDP.

The Mulroney Conservatives made only a half-hearted attempt to rein in deficit spending. Even so, the opposition Liberals made matters worse, by strenuously objecting to any major spending cuts that the Conservative government might propose.

Martin was more fortunate. In his struggle to eliminate the deficit, he got considerable support from Reform Party leader Preston Manning, who kept urging the Liberals to slash spending.

The current Liberal leader Michael Ignatieff has been less consistent. Just a few months ago, he was admonishing the Harper Conservatives to increase deficit spending even further as a means of stimulating the recession-bound economy. Yet now, he decries the size of this year's federal budget deficit.

Last week, Ignatieff announced that a Liberal government would introduce a national child-care system. "We will find the money, because it seems to me an excellent investment," he promised. "I am not going to allow the deficit discussion to shut down discussion in this country about social justice."

We have heard that line before from Trudeau as well as big spenders in the United States, Britain and Greece. In all cases, such folly has led to a debt crisis that compels major cutbacks, not increases, in government spending on social programs.

It will be interesting to see how Ignatieff reacts to the new federal budget due next month. Should he decide to bring down the Harper government on the ground that it is not proposing to spend enough on new social programs, he could lead the Liberals to a calamitous setback in the ensuing federal election.

Monday, February 01, 2010

The twisted morality of godless academics

The Interim
By Rory Leishman

Why are most pro-life activists Christians?

Udo Schuklenk, professor of philosophy and Ontario Research Chair in Bioethics at Queen’s University, thinks he knows the answer: The pro-life position is so irrational that it is only likely to be espoused by fanatics who look to the Bible as the ultimate authority on all questions of faith and morality.

Schuklenk is an atheist. He rejects God and dismisses the Bible as an irrational product of “the human imagination dating from pre-scientific and often barbaric eras.”

Like most atheists, Schuklenk bridles at the suggestion that there is no reason to be good without God. In the introduction to a recent collection of essays, 50 Voices of Disbelief: Why We Are Atheists, he writes: “The absence of God does not mean that we are lost at sea as far as living a meaningful life – a life that is worth living – is concerned. Secular ethics has much to offer to those of us who have chosen to live an ethical life.”

Perhaps so, but Schuklenk begs the central question: Why should anyone chose to live an ethical life without God? No atheist has come up with a satisfactory and compelling answer.

Christians have always read the Bible in the light of reason. Guided by both reason and revelation, they have rationally and logically concluded down through the centuries that all human life is sacred from conception to natural death.

In support of the atheist position that reason alone is a sufficient guide for people who chose to live an ethical life, Schuklenk cites Practical Ethics by Peter Singer, the notorious atheist and professor of philosophy at Princeton University. Yet Singer commits numerous outrages in this book, including the suggestion that the mother of a handicapped baby should have no compunction about killing her baby before or after birth.

In defence of this proposition, Singer argues that “birth does not mark a morally significant dividing line.” He adds: “Neither the fetus nor the newborn infant is an individual capable of regarding itself as a distinct entity with a life of its own.”

On both of these points, Singer is right. But, alas, he fails to draw the only reasonable conclusion: that regardless of cognitive ability, all human life is sacred.

Instead, Singer advances the diabolical argument that there is nothing inherently wrong with either abortion or infanticide, because preborn and newborn babies lack “characteristics like rationality, autonomy and self-consciousness.”

Schuklenk likewise argues that the value of human life is a function of cognition. In 50 Voices of Disbelief, he chides Christians for opposing death-dealing embryonic stem-cell research on the ground that embryos “have no central nervous system, no brain, no capacity to suffer.”

Within a few weeks after conception, the developing human being has acquired all these characteristics, but that is of no account to Schuklenk. He supports abortion. In his opinion, not even pain-suffering babies in the womb have a right to life.

Schuklenk sometimes seems almost unhinged in his implacable hostility to Christianity. He charges: “To organized Catholic Christianity, fetuses are of greater value than real people. I never understood how organized Christianity justifies discarding adult women’s lives during birth, if there is a conflict.”

That, of course, is complete nonsense. The Catholic Church does not regard fetuses as of greater value than so-called real people. Moreover, in those vanishingly rare circumstances such as some cancers of the uterus where a physician can only save the life of a pregnant woman by a procedure that will kill her baby, the Catholic Church holds in accordance with the traditional principle of double effect that the physician who acts to save the life of the mother does not commit an abortion.

As the Ontario Chair in Bioethics at Queen’s University, Schuklenk should be aware of such basic moral distinctions. His woeful ignorance of the pro-life position is a disgrace.

Schuklenk rails against churches for allegedly supporting "special rights for religious health care professionals in law." He says: "A consequence of this view has been that the personal preferences of individual professionals are prioritized over the needs of individual patients to receive professional services.”

As it happens, Section 1 of the Canadian Charter of Rights and Freedoms guarantees freedom of conscience and religion to all Canadians, not just health care professionals. By clear implication, Schuklenk suggests that the laws and the Constitution of Canada should be amended to require all nurses and physicians, regardless of their religious and moral convictions, to assist a patient in perpetrating an abortion.

Schuklenk also denounces churches for opposing physician assisted suicide. “This is surprising,” he writes. “If at the end of a decently lived life we would go to heaven and enjoy eternal life, why are they fighting our earthly death so vigorously?”

Such a puerile argument would be unworthy of a high-school essayist. Yet Schuklenk is held in such high esteem by his academic peers that the Royal Society of Canada has chosen him to chair its “Expert Panel on End-of Life Decision Making.”

The panel is supposed to advise the public on the “various pros and cons of decriminalization of physician-assisted death from well-reasoned ethical and legal standpoints.” With the group headed by Schuklenk and stacked with other like-minded intellectuals, the outcome is a foregone conclusion.

Such is the twisted morality of godless academics who presume to eat the fruit of the tree of the knowledge of good and evil. To paraphrase William F. Buckley, Canadians would surely be better off governed by the first 1,800 people in the Ottawa phone book than by the 1,800 members of the Royal Society of Canada.

Saturday, January 23, 2010

Changing the law from the bench

The London Free Press
By Rory Leishman

In a two-to-one ruling on January 15, the British Columbia Court of Appeal held that Parliament has no constitutional authority to prohibit drug addicts from injecting themselves with illegal drugs in a public health clinic. With this bizarre decision, the Court has undermined the entire bans on drug possession and drug trafficking in the Controlled Drugs and Substances Act.

The immediate focus of the case is Insite, a notorious health clinic in the drug-infested, east side of downtown Vancouver, where nurses and paramedical staff help drug addicts to inject themselves with heroin, cocaine and other illegal drugs. According to the trial judge, "No substances are provided by staff. It goes without saying that the substances brought to Insite by users have been obtained from a trafficker in an illegal transaction."

The British Columbia Ministry of Health established Insite in 2003 as an experiment in the supervised injection of illegal drugs, the first of its kind in North America. To enable the clinic to operate, the minister of health in the Liberal government of Canada at the time granted Insite a temporary exemption from the federal bans on illegal drug possession and trafficking.

Former Conservative health minister Tony Clement served notice in 2007 that he planned to terminate the exemption. "Allowing and/or encouraging people to inject heroin into their veins is not harm reduction," he said. "We believe it is a form of harm addition." He insisted that instead of fostering the injection of dangerous and illegal drugs, the medicare system should save the lives of addicts by concentrating on drug treatment and rehabilitation.

Backers of Insite fundamentally disagree with this policy. Having failed in their political efforts to maintain the exemption for Insite, they appealed Clement's decision to the courts, and won.

In a ruling on May 27, 2008, Mr. Justice Ian Pitfield of the British Columbia Supreme Court overturned Clement's policy. He continued the exemption for Insite on the ground that the Controlled Drugs and Substances Act violates the right to "life, liberty and security of the person" in section 7 of the Canadian Charter of Rights and Freedoms to the extent that the bans on drug possession and drug trafficking prevent addicts from safely injecting illegal drugs in a public health clinic.

Now the British Columbia Court of Appeal has likewise upheld a continuing exemption for Insite. In reasons for the Court, Madam Justice Carol Huddart opined: "A supervised drug injection service does not undermine the federal goals of protecting health or eliminating the market that drives the more serious drug-related offences of import, production and trafficking." In a concurring opinion, Madam Justice Anne Rowles similarly argued that application of the provisions on drug possession and drug trafficking in the federal narcotics law to Insite "would have the effect of putting the larger society at risk on matters of public health with its attendant human and economic cost."

In dissent, Madam Justice Daphne Smith pointed out that if other provinces take advantage of the immunity granted to Insite in this case, "supervised injection sites could be opened in every city across Canada. The creation of 'enclaves' where illicit drugs may be brought for intravenous drug use, without the potential for prosecution, could eviscerate the efficacy of a criminal law validly enacted by Parliament that seeks to address the broader context and consequences of illicit drug use across the entire supply chain."

Note that instead of discussing the principles of the law and the Constitution, all of these judges are debating the wisdom of the policy adopted by the Harper government to uphold the comprehensive ban on the possession and trafficking of illegal drugs in the Controlled Drugs and Substances Act.

Upon further appeal, will the Supreme Court of Canada likewise maintain the exemption for Insite and amend the federal narcotics law? That remains to be seen.

Meanwhile, it’s clear that our appeal courts are still infested with arbitrary judicial activists who have no compunction about changing the law to suit their personal policy preferences.