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Listen Up! It’s just how government works

There are times when Ontario Premier Doug Ford lets his mouth get ahead of his brain. It may be a function of his otherwise significant communication skills but; nevertheless, it sometimes gets him into trouble. 

One of those times was when he made a big deal recently of appointing “like-minded” people to the Judicial Appointments Advisory Committee and then doubling down by saying that Judges appointed under his watch should be like-minded as well. 

His remarks came after it was revealed that two former senior members of his staff had been appointed to the Judicial Appointments Advisory Committee. What he should have said, in my view, was that the two individuals were competent and fully qualified to undertake the responsibility they had been given.  Period and full stop.

Instead, he has opened up a Pandora’s box for critics and partisans of other parties to accuse him of stacking the judiciary with people who would jump to his tune. And they have dined out on that.

The reality is that every government, provincial and federal, appoints people who are “like-minded” to boards, commissions, and agencies over which they have control. No one would appoint people who are going to work against them.

In the matter of judicial appointments, judges and justices of the peace must always have total independence from political pressure. But how they get there, and how they are actually appointed, has always been a political process no matter how much some would like to argue otherwise. 

That would apply to other governments in Ontario, including those of Liberal, Conservative, and even NDP persuasion. Former Liberal Premier Kathleen Wynne tweeted about Ford’s comment related to appointing “like-minded” people and said, “That is categorically NOT what a premier, any premier is elected to do. Intentionally tainting the judicial process is reprehensible but sadly not surprising for this man.”

Wynne should look in her own backyard. I strongly suspect that not a single judge or justice of the peace with a known Conservative background was appointed on her watch, and I would bet that more than a few of those who were appointed had previously made donations to the Liberal Party.

The Trudeau government is no slouch either when it comes to judicial appointments. In one instance, six individuals were appointed to the Judiciary, five of whom were either friends or family members of the current Cabinet Minister from New Brunswick, Dominic Le Blanc, himself a close friend of Justin Trudeau since childhood. Any chance that they might have been like-minded?  

Doug Ford has made no secret of his belief that our judicial system is not tough enough on crime, that our bail and parole system is broken, and that too many people before the courts are let out on the streets before they should be. There are significant statistics and tragedies in Ontario that would back that up. It should surprise no one, therefore, that the Ford Government would want to appoint people to the judiciary who would be tough on crime. 

A fair question about Ford’s appointments to the Judicial Appointments Advisory Committee would be whether or not they are competent to serve. In that regard, Attorney General Doug Downey has offered to “go through every single one of the judicial appointments and you will see that they are in fact qualified.”  I wonder if anyone has taken him up on that? 

Indeed, every appointment made by a government should be based on competency. But compatibility with policy priorities is also a fair consideration.

Political patronage has been around as long as governments have. In days gone by, it was much less subtle than it is now. 

More than half a century ago, through a series of unusual and unexpected circumstances, I found myself President of what was then called the North Muskoka P.C. Association. I thought my job was to get the vote out on election day.

But on one occasion, I was in the local LCBO store, (I am pretty sure I was old enough) when the Manager, I believe his name was Tio Grosso, a nice guy, asked me to come into his office. He had a list of summer students he wanted to hire, and it turned out he was required to get my approval. I was taken by surprise and told him to hire whoever he wanted to.

That experience, and one or two others, taught me the depth to which patronage was rooted in all political parties.  It is different now of course, but to believe that patronage is not alive and well in all political circles would be a mistake.

In a recent editorial, the Toronto Star, decrying Doug Ford’s defense of the appointments he made to the Judicial Appointments Advisory Committee, did acknowledge this: “No one is naïve. It’s the perk and prerogative of governments to appoint people to all sorts of bodies, agencies and commissions. We understand that governments typically fill such vacancies with allies and supporters seeking to reward friends and tilt the policy direction of such bodies”. 

So, the question is this: If it is, as the Star says, the prerogative of government to make these appointments, is it a different set of circumstances when it comes to judicial appointments? The argument that it is, relates to the importance of the independence of the judiciary. 

It should be remembered, however, that governments appoint many other tribunals and quasi-judicial boards that are independent by law and cannot be interfered with. Members are vetted and chosen by governments with the hope that they are both competent and “like-minded’ in relation to major policy matters, but they cannot interfere or influence their decisions. The same standards should, in my view, apply to judicial appointments.

The policy of the Ford Government in assessing and appointing provincial judges is similar to other provinces and to that of the federal government. They all seek people who they believe are qualified and in line with an ideology that is similar to theirs. 

I do wish that Premier Ford had addressed this issue differently but at the end of the day, I believe he, like every other political jurisdiction, is within his right to employ an appointment process that is within the parameters of his government’s priorities. 

It’s just how government works.  

Hugh Mackenzie

Hugh Mackenzie has held elected office as a trustee on the Muskoka Board of Education, a Huntsville councillor, a District councillor, and mayor of Huntsville. He has also served as chairman of the District of Muskoka and as chief of staff to former premier of Ontario, Frank Miller.

Hugh has also served on a number of provincial, federal and local boards, including chair of the Ontario Health Disciplines Board, vice-chair of the Ontario Family Health Network, vice-chair of the Ontario Election Finance Commission, and board member of Roy Thomson Hall, the National Theatre School of Canada, and the Anglican Church of Canada. Locally, he has served as president of the Huntsville Rotary Club, chair of Huntsville District Memorial Hospital, chair of the Huntsville Hospital Foundation, president of Huntsville Festival of the Arts, and board member of Community Living Huntsville.

In business, Hugh Mackenzie has a background in radio and newspaper publishing. He was also a founding partner and CEO of Enterprise Canada, a national public affairs and strategic communications firm established in 1986.

Currently, Hugh is president of C3 Digital Media Inc., the parent company of Doppler Online, and he enjoys writing commentary for Huntsville Doppler.

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6 Comments

  1. Anna-Lise Kear says:

    Good points Ms Tanaka, Mr. Braan, and Mr. Markle, thank you. The wonder is, why doesn’t he learn?
    I despair at his lack of accountability during the Ottawa convoy protest and then his refusal to participate in the review of the Emergency Measures Act, poor leadership in my books.

    When things get rough for him, I see the football coach approach in defeating the enemy (your opponent); when he loses it emotionally, the bully rather than the modulated statesperson emerges. In my opinion, this behaviour demonstrates that he does not “know” himself (more fully self-aware).

    We get what we vote for people. Time for a change in Provincial party and leadership. We need someone with a modicum of interest, vision, policy, and political will in the climate change issue, for example.

  2. Ralph Cliffe says:

    Well Hugh. The above 4 comments can be considered excellent , can they not?
    Did you ever think that perhaps we are all backing a looser? Then there’s Justin Trudeau to boot.
    No wonder the voter turnout is always so low. What is there worth voting for leader wise?

  3. Bob Braan says:

    Democracy continues to erode in Ontario under Doug Ford.
    His personally appointed judges have likely been given secret mandate letters dictating how to rule on cases the Doug Ford way.

    Just like his undemocratic strong mayor powers give mayors the power to rule the Doug Ford way and override the majority of councillors.

    What’s next? Eliminate elections altogether?
    Democracy is just a lot of red tape preventing Ford from getting his way.
    A dictatorship is the way to go with Ford as Supreme Leader.
    That’s how the Ford government works.

    He’s created as much chaos in Ontario as his brother did in Toronto. 
    Can you imagine Rob with strong mayor powers?

    Just like Trump fanatics, Ford fanatics support him no matter what illegal actions he takes.
    Even after all this time Ford is still an amateur politician.
    He has no idea what he’s doing.
    Creating and then forced to repeal legislation willy nilly.
    I’ve never seen anything like it.
    With CUPE it was after only a few days.

    As Bonnie Crombie said:”This is a government driving in reverse,” she said, pointing to Ford’s many policy flip-flops, including his reversal of the $8.28-billion Greenbelt land swap that is now under investigation by the RCMP and cancellation of his promised dissolution of Peel Region.”
    “Doug Ford’s three Rs: Reverse, retreat, renege OPINION: Thanks to constant government backpedalling, the problems facing Ontario still look a lot like the problems that were facing it in January”

    After so many reversals most sane people would just try going the opposite direction. 
    He spends more time going in reverse than forward.
    Doing the same thing over and over and expecting a different result is the definition of insanity.
    Many dictators are clearly insane.

    Nurses had to educate Ford in court that he couldn’t dictate contract terms.
    When they worked to exhaustion during Covid.

    Somehow this buffoon thinks a “majority” means he is above the law and can dictate anything. 
    Nope.
    To be fair, remember only 17% of eligible voters voted for Ford’s “majority.”
    A record low 43% voted at all and Ford got 40% of those so 17%.
    Why did so few vote?
    “Voters are “likely to get dishonest, secretive, unethical, unrepresentative and wasteful government …”
    Ford ticks all those boxes.

    Ford prefers opaque government, not transparent.
    Dictators are like that.
    He argues with Health Care and makes them sign NDAs to keep the arguments secret.
    He rules his MPPs with an iron fist and a culture of fear.
    He forces them to clap like trained seals in the legislature after everything he says.
    I heard he is thinking of having them salute continuously while he is speaking.
    I’ve seen that somewhere before…

    In fact ” the Toronto MPP explained to Ford that Tories feel like they are living in the former Soviet Union with secret police monitoring their every move. “There’s a culture of fear — it’s like the KGB,” the premier was reportedly told by the MPP.”
    That’s how the Ford government works.
    Search “A tearful Tory caucus meeting and Ford’s plans for a cabinet shuffle”

      “In contrast to the perfunctory ovations by MPPs during the legislature’s daily question period, which are closely monitored by some in the premier’s office to apparently root out potential dissenters”.

    “Root out dissenters?” Wow.
    I’ve seen that somewhere before…
    None of the above matters to Ford fanatics. 
    They will be happy they don’t have to vote any more.
    Most Ontario voters can’t be bothered to vote anyway.

  4. Allen Markle says:

    Hugh MacKenzie: “..his otherwise significant communication skills.” Are you sure? ‘Mouth running before brain is engaged’ isn’t a communication skill. I’m a conservative ‘though today’s populist bullies and bullying doesn’t impress me much. And trying to run interference for the Premier seems a waste of time.

    I agree that there are too many miscreants skate free. It seems to me that people can disregard and break laws with distain, but the system doesn’t allow the courts the same latitude to convict them. Both Liberals and Conservatives have appointed people ‘of like mind” to a variety of posts. They still don’t seem to be achieving what the Premier wants. We are not allowed ‘hanging judges’ any more, so the ‘like mindedness’ the man seeks must be a hybrid and a bit of an enigma. Could be something totally unconstitutional. A lot seems to be these days.

    “No one would appoint people who would work against them.” This seem to be a politics focused comment rather than one concerning felonies and misdemeanors. I could be wrong but it seems to me that the Premier is more concerned with common criminals and not political opponents. More about gangs exporting stolen cars. Murders and mayhem in the ‘burbs.

    I would rather see stuff done because it’s prudent and a good idea. Not because someone we feel is less than credible (possibly Liberal) did it. Justifying doing something ’cause so-and-so did it seems a bit too school-yard.

    And when we do get like minded people picking the type of judge we need to lock these felons down, where they gonna go? The CBC has already reported that our prisons are overflowing. Some at 130% capacity.

    If building prisons takes as long as building a hospital I suggest you have your Maserati or Honda CRV locked away. With the gold and bit-coin outa sight. It’ going to be an anxious ten years.

    Once we get on it.

  5. Bob Braan says:

    Once again Ford’s unconstitutional actions will mean a lawsuit against him he will lose.
    Just like his illegal 1% where he stole $13 billion from health care workers and other public employees.
    $13 billion is the remedy.
    How many millions has Ford spent on trying to defend his illegal actions in court?

    Only an idiot would illegally dictate contract terms.
    And expect to get away with it.
    But then Ford loses in court A LOT.
    And wastes millions of taxpayer dollars in the process.
    Total amateur.
    Even students beat him.

    Search “Doug Ford’s government has lost more than a dozen court cases. Here’s a list”
    Where will the money come from?
    “Ford government sitting on $22 billion in excess funding”
    But that’s all earmarked for Dud’s developer buddies for needless projects.
    Health Care and others can GTH.
    Pay up Dud.
    Pay up.

    Yet Ford fanatics still deflect and talk about Wynne from many years ago. Typical.

  6. Joanne Tanaka says:

    Like in the Wizard of Oz, pay no attention to the man behind the curtain, the man says. Truly cynical and undermines any shred of confidence in judicial system and also proper ethical governance. Appointments of persons by their political connections vs qualifications for the job is not functional. Saying everyone in politics does it and historically does things this way, does not make it right. From what Mr Mackenzie is saying and Mr Ford has said, the justice system is a corruptible sham/ joke anyway. No wonder we have the GreenBelt developer scandal.