Tagged: Maureen MacDonald

Presumption of innocence: a primer for Nova Scotia’s NDP

Back on the last day of June, CBC Radio’s Information Morning program put Justice Minister Ross Landry on the hot seat for the Dexter Government’s embrace of the Civil Forfeiture Act, a right-wing scheme to short-circuit the presumption of innocence. More accurately, the program’s listers put him on the hot seat.

The act lets cops seize property from suspects as long as they can convince a court the assets probably came from criminal activity. No proof needed. Just probability. As a standard of justice, it’s more Queen of Hearts (“First the verdict; then the trial”) than Justice Blackstone  (“Better ten guilty persons escape than that one innocent suffer”).

Callers to the CBC understand the principle, even if the NDP Justice Minister does not.

Caller One: “Is it too difficult for our highly trained police service to obtain a conviction? Maybe it is. It would certainly explain why they’ve had to find an easier way to go, but it doesn’t explain why we are letting them do it.”

Caller Two: “This is 1984 guys coming at us here. This is Orwellian beyond a reasonable doubt. Due process. That’s why they fought the bloody wars. Isn’t that why we’re fighting the bloody wars today? This is outrageous.”

Caller Three: “With no due process and no actual determination of guilt, innocent people fall between the cracks. It is an unconscionable travesty of justice that gives police unprecedented powers and will lead to abuses as has been evident in other jurisdictions.”

Caller Four: “It surprises me that we are willing to stand by and watch such corners being cut in our justice system. We should all remember: We could all be next if this type of procedure continues.” Under restrained questioning from host Steve Sutherland, Landry responded with the sort of vapid talking points that are becoming a hallmark of the Dexter administration.

The act is another tool for police to go over criminal assets and go after assets that are the proceeds of unlawful activity.

Well sure it’s another tool — one democratic societies have eschewed for generations. The whole interview is worth a listen:

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My question is this: What on earth has happened to Nova Scotia’s NDP? Why wasn’t this malevolent piece of legislation rescinded at the first sitting after their election? Where are Maureen MacDonald, Howard Epstein, Graham Steele? How can they sit quietly while their government tramples on the very principles that brought them into politics?

Bomber LeBlanc’s last act of defiance

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Mary Cecilia “Bomber” LeBlanc, shown above with L’Arche assistant Mavis Mungai of Kenya at the 2007 Cape Breton Island Film Series party for l’Arche Cape Breton, died peacefully Thursday morning in her home at The Vineyard, a L’Arche residence in Orangedale, surrounded by friends and caregivers.

Death came six days before her 60th birthday, and, incredibly, hours before a provincial health bureaucrats were to meet to begin planning her involuntary removal from l’Arche, over protests of family, friends, and caregivers.

Mary was a small woman with a steely will and an outsized capacity for getting her own way—and then leading a chorus of laughter about the outcome. Deaf from birth and without speech, she was orphaned at age three and spent 30 years in institutional care before finding a new life at l’Arche, where she lived for the last 27 years.

In her eulogy at Sunday’s funeral, l’Arche Community Leader Jenn Power* described Mary as “a silent woman who spoke volumes.”

[C]learly, somewhere along the line, she made a decision: that she would not let the circumstances of her life define or limit her; that she would stand up to those who tried to keep her down and say, albeit without words, “You’re not the boss of me.” In the disability world today, there is so much emphasis on self-advocacy. Truly, Bomber was a self-advocate before her time….

Mary’s death was her final act of defiance. For some months now, we have been in discussions with the Department of Community Services about whether Mary’s needs would be better met in a nursing home. Her family and her community were strong advocates for supporting Mary in her home at The Vineyard. And yet, the process was moving forward. On Thursday, November 4th, Mary’s case was being heard, and it seemed obvious that she would be placed on a waiting list for nursing home care. Instead, on Thursday, Mary died — the first thing in her life she ever did in a hurry. A pretty powerful act of self-determination.

To the officials involved, this is, I am sure, a complex issue, replete with rules, protocols, standards, evaluations, criteria, and, no doubt, budgetary considerations. Yet the meeting that would decide Mary’s fate allowed for no participation by her family, her guardian, her community, or her friends—let alone by Mary herself.

Here is an issue where Health Minister Maureen MacDonald could show leadership by deliberating on some fundamental questions: Must every death be medicalized? Do Nova Scotians have the right to choose to die at home among those who love and care for them—even, and perhaps especially, Nova Scotians with disabilities?

* Disclosure: As regular readers know, Jenn Power is my daughter-in-law; my son Silas, Jenn’s husband, also works at l’Arche Cape Breton.

Auditor General slams H1N1 readiness

hypodermic needle 3RC2Civil servants are happy with the Dexter Government’s methodical approach to policy because ministers are listening carefully to policy advice and deliberating before acting.

But the issues keep coming, whether government’s ready to act or not. The risk of Dexter’s approach is that ministers may fall into reactive mode, moving from crisis to crisis rather than driving the new government’s policy agenda.

We have already seen Health Minister Maureen MacDonald struggling with the discovery that she cannot wish away the problem of rural emergency room closures, as she and the party assured voters they could during the election. (More on this soon.)

Today, the government faces an alarming report from Auditor General Jacques LaPointe sharply critical of the province’s readiness to deal with the unfolding H1N1 epidemic. He urges “immediate” action to address key deficiencies:

  • No one is authorized to exercise overall command and coordination over government’s response to a serious pandemic.
  • No central agency has responsibility or authority to to ensure critical government and non-government services such as power, water, snow clearing, policing and fire response continue during a time when absenteeism may be high.
  • The province has not assessed the adequacy of pandemic response plans by district health authorities, which provide hospital-based health care service.
  • 55 percent of family and emergency room doctors surveyed by the AG were “not happy” with their ability to obtain critical supplies.

Moneyquote:

Given that we are currently experiencing an H1N1 pandemic, we feel most of our recommendations should be addressed immediately to ensure Nova Scotia responds effectively to the current situation and is ready for any worsening conditions.

Waiting for NDP policy

Dexter at the Pride Parade - mediumSeven weeks after electing Atlantic Canada’s first NDP government, Nova Scotians have seen little if anything in the way of policy initiatives from Dexter and Co. Senior civil servants, however, seem practically giddy with delight at the NDP’s methodical approach to policy.

“They actually read the briefing books,” exclaimed one official, referring to the massive tomes each department prepares detailing the policy issues an incoming minister will face. “They read them, and they ask intelligent questions. They are really into policy.”

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Our new premier’s first misstep: a 12-member cabinet is too small

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As Nova Scotia’s new government begins its third week in office, a critical early mistake is coming into focus: Darrell Dexter’s 12-member cabinet is too small for the job at hand.

Cabinet selection inevitably requires consideration of gender, ethnicity, and geography: Women must take a prominent place; there must seats for Cape Breton, northern Nova Scotia, the south shore, and the valley; Metro MLAs must not appear to dominate.

Legitimate political and cultural considerations of this sort do not necessarily trump such factors as experience and merit, but they compete with them. That leads to problems.

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