Category Archives: Chrystia Freeland

Canada and the Rule of Law

Canada’s fealty to the rule of law is much spoken of nowadays by Liberal politicians in regards to a current pending extradition request made by the United States to Canada. Canada became embroiled in the international trade spat between the US and China when it arrested Meng Wanzhou, the chief financial officer of telecommunications giant Huawei at the behest of the US government. Indeed, some more critical types would characterize it as nothing short of a kidnapping. Meng has been alleged to have broken US sanctions against business dealings with Iran. The charges against Meng, however, are not considered to violate any Canadian laws — nor, according to China’s embassy in Canada, any US laws.

As a justification for the high-profile arrest, a repeating media chorus is heard in the Canadian political scene:

Former foreign minister Peter McKay said, “… we are following our rule of law.”

Current foreign affairs minister Chrystia Freeland intoned, “Canadians expect me to stand up for the rules.”

Prime minister Justin Trudeau asserted, “Canada is and always will remain a country of the rule of law.”

Trudeau emphasized that “all through this and through whatever happens in the world Canada stays consistent with the rule of law and applying our judicial system and we always will.”

Mind you, these words about adherence to the rule of law are spoken by Canada’s first prime minister found to have broken federal ethics laws.

China, however, was having none of this. China’s Ministry of Foreign Affairs spokeswoman Hua Chunying forcefully stated,

The United States and Canada can’t continue to boast that they are abiding by the rule of law. But in my opinion this is simply a modern version of the emperor’s new clothes. No matter what excuse they use, they are displaying ignorance of the fact and contempt for the rule of law. They have become laughingstocks of the world.

What underpins the Rule of Law?

1. Accountability: all are accountable under the law.

2. Laws are Just: the laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.

3. Open Government: enacts and applies laws that are accessible, fair, and efficient.

4. Accessible & Impartial Dispute Resolution1

*****

It is in-one’s-face obvious that the US sanctions law against Iran is unjust. What became an international agreement under president Barack Obama, the Joint Comprehensive Plan of Action aka the Iran nuclear deal, was shunted aside early into the Donald Trump presidency, this despite Iran always being found in compliance with the agreement. Thus it is the US which violates the terms of the agreement by its withdrawal and sanctioning Iran and other actors who deal with Iran.

Moreover, the legality of unilateral sanctions is questionable and they are considered to violate the tenets of the United Nations Charter.2

Seldom one to hold back, Trump bumbled into the legal proceeding and commented that he might intervene in the case of Meng, thereby politicizing the process. Nevertheless, given all these circumstances, Canadian officials continue to parrot the following-the-rule-of-law line

But does Canada really have a reverence for the rule of law?

In Part 2: what does the record indicate about Canada’s adherence to the rule of law.

  1. “What is the Rule of Law?” World justice Project.
  2. Rahmat Mohamad, “Unilateral Sanctions in International Law: A Quest for Legality,” in Marossi A., Bassett M. (eds) Economic Sanctions under International Law (The Hague: TMC Asser Press, 2015.)

Canada Openly Seeking “Regime Change” in Venezuela

Is there no voice in Parliament willing to denounce Canadian interference in another country’s electoral process?

The Trudeau government is engaged in a wide-ranging campaign to weaken Venezuela’s elected government. In a bid to elicit “regime change,” Ottawa has worked to isolate Caracas, imposed sanctions, and supported the country’s opposition.

Recently, foreign minister Chrystia Freeland endorsed Peru’s decision to block Venezuelan President Nicolas Maduro from attending the mid-April Summit of the Americas in Lima. “As Venezuela slides deeper into dictatorship, and as Venezuelans continue to suffer, Maduro’s participation at a hemispheric leaders’ summit would have been farcical,” Freeland noted. But, Freeland has no problem with the presence of Brazilian President Michel Temer, who doesn’t have any pretence of electoral legitimacy. Nor has she opposed the participation of Honduran president Juan Orlando Hernandez who defied that country’s constitution in running for a second term and then ‘won’ a highly questionable election.

Since the summer Freeland has participated in five meetings of the Lima Group, a collection of foreign ministers opposed to Venezuela’s elected government. As part of this initiative she declared that Canada wouldn’t recognize the upcoming presidential election. Two months ago she tweeted out that “we reject this decision by the Gov of Venezuela to call these elections, as they do not give a reasonable amount of time to ensure free and fair elections” and then three weeks later Canada’s foreign minister “demand[ed] that presidential elections be called with sufficient advance notice.” When the opposition and government agreed to push back the presidential election from April 22 to May 20, Freeland responded by tweeting “Maduro regime’s decision to postpone Venezuela’s elections until May changes nothing.”

Another demand Freeland has made of the Venezuelan authorities is that international observers be allowed to monitor the election. Yet, the Venezuelan government’s vocal request for UN observers has been opposed by the country’s opposition alliance. Behind the scenes the US is undoubtedly lobbying the international body to reject Caracas’ request.

(Notwithstanding the partisan attacks, Venezuela has among the world’s most efficient, secure and transparent electoral systems. In 2012 former US President and head of the Carter Center Jimmy Carter stated, “as a matter of fact, of the 92 elections that we’ve monitored, I would say the election process in Venezuela is the best in the world.”)

The third condition Freeland has imposed for respecting the election is “that all Venezuelan political players be included in the election.” But, the Maduro government doesn’t have the power to release those found guilty of crimes and repatriate political figures who have fled the country to avoid criminal charges.

Alongside its impossible-to-meet conditions, Canadian officials have prodded Caribbean countries to join its anti-Venezuela campaign. At a Jamaica-Canada bilateral consultation three weeks ago Canadian officials brought up Venezuela and earlier in the year Freeland tweeted that “Canada welcomes signatures by Saint Lucia & Guyana to Lima Group declaration.” Last month Freeland met Costa Rica’s vice minister of foreign affairs to discuss Venezuela and Canadian representatives were part of a recent session dealing with that country on the sidelines of a Group of 20 finance ministers meeting. Canadian officials are set to join an upcoming discussion of Venezuela called by US Treasury Secretary Steven Mnuchin.

Following Washington’s lead, Ottawa imposed two rounds of sanctions on Venezuelan officials in the Fall. Last week the United Nations Human Rights Council passed a resolution condemning the economic sanctions the US, Canada and EU have adopted against Venezuela. It urged “states to refrain from imposing unilateral coercive measures (and) condemn(s) the continued unilateral application and enforcement by certain powers of such measures as tools of political or economic pressure.”

As I, Anthony Fenton, Neil A. Burron and others have detailed, Ottawa has supported opposition groups inside Venezuela. In August outgoing Canadian ambassador Ben Rowswell told the Ottawa Citizen: “We established quite a significant internet presence inside Venezuela, so that we could then engage tens of thousands of Venezuelan citizens in a conversation on human rights. We became one of the most vocal embassies in speaking out on human rights issues and encouraging Venezuelans to speak out.”

In line with its policy of amplifying oppositional voices, on March 7 the Canadian Embassy in Caracas gave a human rights prize to Francisco Valencia, director of the Coalición de Organizaciones por el Derecho a la Salud y la Vida (CODEVIDA). Numerous media outlets reported on the award given to an aggressive opponent of the Venezuelan government. “I believe that we are facing a criminal State”, Valencia told Crisis en Venezuela.

The Embassy’s human rights prize is co-sponsored with the Centro para la Paz y los Derechos Humanos. The director of that organization, Raúl Herrera, has repeatedly denounced the Venezuelan government. Six months ago Herrera said, “the Venezuelan State systematically and repeatedly violates the Human Rights of Venezuelans and political prisoners.”

Clearly Ottawa is guilty of interfering in the electoral process of Venezuela. When Russia has been accused of (a much more mild) form of intervention every party in Parliament is quick to condemn them.

Has the NDP become so tied into the American Empire that it cannot point out this obvious hypocrisy?

 

Trudeau Government seeking to oust Venezuela’s President Nicolas Maduro

Alongside Washington and Venezuela’s elite, the Trudeau government is seeking to oust President Nicolás Maduro. While Ottawa’s campaign has recently grown, official Canada has long opposed the pro-poor, pro-working class Bolivarian Revolution, which has won 19 of 21 elections since 1998.

Following a similar move by the Trump Administration, Global Affairs Canada sanctioned 40 Venezuelans on Friday. In a move that probably violates the UN charter, the elected president, vice president and 38 other officials had their assets in Canada frozen and Canadians are barred from having financial relations with these individuals.

In recent months foreign minister Chrystia Freeland has repeatedly criticized Maduro’s government. She accused Caracas of “dictatorial intentions”, imprisoning political opponents and “robbing the Venezuelan people of their fundamental democratic rights”. Since taking office the Liberals have supported efforts to condemn the Maduro government at the Organization of American States (OAS) and promoted an international mediation designed to weaken Venezuela’s leftist government (all the while staying mum about Brazil’s imposed president who has a 5% approval rating and far worse human rights violations in Mexico).

Beyond these public interventions designed to stoke internal unrest, Ottawa has directly aided an often-unsavoury Venezuelan opposition. A specialist in social media and political transition, outgoing Canadian ambassador Ben Rowswell told the Ottawa Citizen in August: “We established quite a significant internet presence inside Venezuela, so that we could then engage tens of thousands of Venezuelan citizens in a conversation on human rights. We became one of the most vocal embassies in speaking out on human rights issues and encouraging Venezuelans to speak out.” (Can you imagine the hue and cry if a Russian ambassador said something similar about Canada?) Rowswell added that Canada would continue to support the domestic opposition after his departure from Caracas since “Freeland has Venezuela way at the top of her priority list.”

While not forthcoming with information about the groups they support in Venezuela, Ottawa has long funnelled money to the US-backed opposition. In 2010 the foremost researcher on U.S. funding to the opposition, Eva Golinger, claimed Canadian groups were playing a growing role in Venezuela and according to a 2010 report from Spanish NGO Fride, “Canada is the third most important provider of democracy assistance” to Venezuela after the US and Spain. In “The Revolution Will Not Be Destabilized: Ottawa’s democracy promoters target Venezuela” Anthony Fenton details Canadian funding to anti-government groups. Among other examples, he cites a $94,580 grant to opposition NGO Asociación Civil Consorcio Desarrollo y Justicia in 2007 and $22,000 to Súmate in 2005. Súmate leader Maria Corina Machado, who Foreign Affairs invited to Ottawa in January 2005, backed the “Carmona Decree” during the 2002 coup against President Hugo Chavez, which dissolved the National Assembly and Supreme Court and suspended the elected government, Attorney General, Comptroller General, governors as well as mayors elected during Chavez’s administration. (Machado remains a leading figure in the opposition.)

Most Latin American leaders condemned the short-lived coup against Chavez, but Canadian diplomats were silent. It was particularly hypocritical of Ottawa to accept Chavez’s ouster since a year earlier, during the Summit of the Americas in Québec City, Jean Chrétien’s Liberals made a big show of the OAS’ new “democracy clause” that was supposed to commit the hemisphere to electoral democracy.

For its part, the Harper government repeatedly criticized Chavez. In April 2009 Prime Minister Stephen Harper responded to a question regarding Venezuela by saying, “I don’t take any of these rogue states lightly”. After meeting only with opposition figures during a trip to Venezuela the next year Peter Kent, minister of state for the Americas, said: “Democratic space within Venezuela has been shrinking and in this election year, Canada is very concerned about the rights of all Venezuelans to participate in the democratic process.”

The Bolivarian Revolution has faced a decade and a half of Liberal and Conservative hostility. While the NDP has sometimes challenged the government’s Venezuelan policy, the party’s current foreign critic has echoed Washington’s position. On at least two occasions Hélène Laverdière has demanded Ottawa do more to undermine the Maduro government. In a June 2016 press release Laverdière bemoaned “the erosion of democracy” and the need for Ottawa to “defend democracy in Venezuela” while in August the former Foreign Affairs employee told CBC “we would like to see the (Canadian) government be more active in … calling for the release of political prisoners, the holding of elections and respecting the National Assembly.” Conversely, Laverdière stayed mum when Donald Trump threatened to invade Venezuela last month and she has yet to criticize the recently announced Canadian sanctions.

NDP members should be appalled at their foreign critic’s position. For Canadians more generally it’s time to challenge our government’s bid to undermine what has been an essentially democratic effort to empower Venezuela’s poor and working class.