Harper’s hate for the Charter
One of the tenets of Stephen Harper’s Conservative party, like its predecessors, the Reform party and the Canadian Alliance, is a populist belief in “majority rule” when determining minority rights. This mindset is contemptuous of the Charter of Rights and Freedoms, which it scorns as leading to “judge-made laws” or “judicial activism.”
It’s not surprising that in 2012 the Harper government chose to spend millions of tax dollars fêting the anniversary of the War of 1812 while ignoring the 30th anniversary of the Charter. Simply put, today’s Conservatives have never liked the Charter, a major legacy of Pierre Trudeau. In fact, at the first convention of the new Conservative party, lapel buttons were distributed emblazoned with “It’s the Stupid Charter.”
Mr. Harper’s views reflect his Reform-Alliance roots and are diametrically opposed to the views held by successive leaders of the PC party that it consumed. Former prime minister Joe Clark said one of the strengths of the Charter was that it codified Canadian instincts of fairness.
Fairness was at the heart of Brian Mulroney’s 1988 Multiculturalism Act. While multiculturalism was recognized in the Charter, this legislation defined all citizens as equal with the freedom to preserve, enhance and share their cultural heritage.
Contrast that with Mr. Harper’s Reform party, which in 1990 opposed Sikh RCMP officers wearing turbans, and now his Conservative government’s intention to appeal a court decision permitting a woman to wear a niqab at a citizenship ceremony.
In 2000, the majority of the PC caucus voted to support the Chrétien government’s legislation to provide samesex pension benefits in the public service. Mr. Harper’s Canadian Alliance stood in opposition.
Whatever the hot button issue of the day, Mr. Harper’s modus operandi is the same: troll for votes by pitting the majority against minority rights.
In 2005 in the House of Commons, he pandered to the fears of religious minorities in a speech against samesex marriage, saying “undermining the traditional definition of marriage is an assault on multiculturalism and the practices in those communities.”
At that time he was trying to pit re- ligious minority communities, including Sikhs and Muslims, against gay rights.
The target today is Muslims, but Mr. Harper is still using the same divisive playbook.
On March 11, Mr. Harper said Muslim women who choose to wear a veil are a product of a culture that is “anti-women.” On Jan. 30, he said terrorists working from basements or mosques would be targeted by new measures in Bill C-51. Immigration Minister Chris Alexander has called the hijab a perversion of Canadian values. And recently, Conservative MP Larry Miller said Muslim women who wear a niqab at their citizenship ceremony should “head the hell back to where they came from.” Never mind that they may have been born in Canada.
Mr. Harper panders to people’s fears and appeals to their dark side.
During the same-sex marriage debate I was approached by some Sikh Canadians in Edmonton who were opposed to the proposed law. I responded that the same Charter that defended their right to wear a kirpan defended the rights of gays to marriage equality. The Charter is not a buffet. You can’t take from it the rights you like and leave the rest.
Mr. Harper and his team feel emboldened to use xenophobic antiMuslim rhetoric by public-opinion polls that appear supportive of his position. Defending his anti-niqab rhetoric, Mr. Harper said “almost all Canadians oppose the wearing of face coverings during citizenship ceremonies.”
Mr. Harper ought to be aware that the majority of Canadians also support the Charter of Rights.
His statement shows both ignorance of, and contempt for, the Charter. Ignorance, in that Mr. Harper doesn’t understand that a prime minister has a responsibility to defend the spirit and letter of the Constitution. Contempt for the Charter, not simply because of his populist views, but because of his disdain for any limits on his absolute power — power that was secured with the support of 39.6% of voters.
I may not be totally comfortable with niqabs, and some Muslims may not be totally comfortable with samesex marriage. The beauty of the Charter is that it compels us to rise to the occasion, confront our fears and ignorance, and accept our differences. The Charter appeals to all of our better angels.
Former PC leader Robert Stanfield, in defending minority language rights, once said, “there’s nothing easier than uniting most Canadians against some Canadians.” Canada is worthy of more than the easy path.
The target today is Muslims, and the prime minister is returning to a familiar, divisive playbook