Monday, March 28, 2011

Harper Prorouges Parliament Over Afghan Torture

Remember Harper's War...the one in Afghanistan that hasn't been discussed in this election campaign....yet. It was only a year ago he prorogued parliament to avoid being found in contempt of parliament over what the Government knew about the torture of captured prisoners in Afghanistan. And despite an all party committee created out of this confrontation, we have not heard boo out of them for the past year.

Afghanistan detainee torture timeline - Editor's Notes


THE HARPER GOVERNMENT HAS BEEN OPEN AND HONEST ABOUT THE WAR
Unfortunately, ministers and senior officials in the Harper government have continued to mislead the Canadian public - either through the suppression of information on the spurious grounds of “national security”, or through outright lies. When The Toronto Globe and Mail requested information regarding human rights abuses in Afghanistan (under a freedom of information request), the document released by the government was heavily censured. The blacked out sections referred to the high rate of extra-judicial executions, torture and illegal detentions of battlefield prisoners. Later, General Rick Hillier justified this censorship by declaring that any information on the treatment of detainees captured by Canadian troops would be suppressed because it was “an operational security issue”. The government wants to keep us in the dark in order to hide the war crimes that have been committed in the name of all Canadians in Afghanistan.

Denial and deceit: The Harper government and torture in Afghanistan

When allegations that battlefield detainees were facing torture in Afghan prisons first erupted,
Prime Minister Stephen Harper dismissed them as Taliban lies and terrorist propaganda.

But the Canadian government had been warned by one of its most senior diplomats in Kandahar a full year before, in May 2006, of "serious, imminent and alarming" evidence of prisoner abuse.

Colvin’s allegations emerged because he was called to testify before the Military Police Complaints Commission, a body—established after the Somalia Inquiry—which has been investigating detainee transfers at the request of Amnesty International and the BC Civil Liberties Association. The Harper government sought to block Colvin’s testimony before the MPCC, citing national security. The obstruction prompted the three Canadian opposition parties to call Colvin to testify before a Parliamentary committee.

Canada's international war crime: Harper government's deception cannot hold—do citizens of the 'New Canada' care? November 24, 2009

Stephen Harper Gambles on Prorogue Shutting Down Parliament Again

The same cannot be said of this second prorogue action.


Critics immediately lashed out at the government for what they claim are Harper’s actual rationales for such a move; to delay all Commons committees, including the ongoing investigation into allegations of detainee abuse in Afghanistan, and to pad the Canadian Senate with the appointment of 5 Conservative nominees, which effectively destroys the Liberal control of the body.

It also provides the ruling Conservatives more control as to when and if to call the next election, by making votes on the budget and the throne speech issues of confidence in Parliament.

Ralph Goodale, the Liberal House Leader said Harper’s decision was “beyond arrogant” and that his justifications for it are “a joke; it’s almost despotic.”

In an interview with the CBC from Phoenix, Arizona, Goodale said, “Three times in three years and twice within one year, the prime minister takes this extraordinary step to muzzle Parliament. This time it’s a cover-up of what the Conservatives knew, and when they knew it, about torture in Afghanistan. So their solution is not to answer the questions but, rather, to padlock Parliament and shut down democracy.”

From Vancouver, NDP House Leader Libby Davies told CBC news she was “appalled” by Harper’s decision, accusing him of “running from” the growing pressure by opposition parties into the Afghan detainee inquiry. “By proroguing Parliament, he is unilaterally making a decision to stop any kind of disclosure from happening,” said Davies.

The allegations by Canadian diplomat Richard Colvin regarding the treatment of prisoners by the Afghan government following their handover by Canadian armed forces, and his assertion that the Prime Minister and his government were aware of these practices, has clearly rattled Harper and his Conservative minority to the core.

The Canadian Afghan detainee issue concerns questions about actions of the executive branch of the Government of Canada during the War in Afghanistan in regards to Canada transferring Afghan detainees to the Afghan National Army (ANA) or the Afghan National Directorate of Security (NDS). This issue has at least two distinct subcategories:

The first issue concerns whether or not the executive branch of the Government of Canada knew about alleged abusive treatment of Afghan detainees by those Afghan forces. Particularly at issue are questions of when the government of Canada had this alleged knowledge. The question of "when" is important because it pertains to their responsibility to act on knowledge of mistreatment of detainees. That responsibility is outlined in the Third Geneva Convention, which Canada is a party to. Article 12 states that "the Detaining Power [(in this case Canada)] is responsible for the treatment given [to prisoners of war]".

The second issue arose in March 2010, when allegations surfaced that the government did more than turn a blind eye to abuse of Afghan detainees, but that Canada went even further in intentionally handing over prisoners to torturers.[1] The allegations were sparked by University of Ottawa law professor Amir Attaran, who claimed that full versions of government documents proved these claims. If the allegations are true, Canada could be considered guilty of a war crime, according to critics.[1]

Subsequently, the Canadian House of Commons has been the scene of a showdown, as opposition Members of Parliament (MPs) have tried to force the government into releasing said documents in full, unredacted form. The controversy over the documents was fueled further when Parliament was prorogued at the end of 2009. The government maintained that they had a duty to protect Canadian troops and citizens as the documents contained sensitive information, while opposition MPs have argued they have the parliamentary privilege to see them. At the request of the Speaker of the Canadian House of Commons, the opposition parties and the government worked together to organize a system to determine what documents were sensitive or not, so that they could be released to MPs. The Canadian public, which generally holds the view that there was knowledge of detainee abuse by military or government officials, now awaits for a clearer picture of the issue as these documents are released.

Afghan Detainee Torture: The Issue That Grew, and Grew, and Grew

The prime Minister’s initial reaction to this demand, made late last year, was to shut down Parliament for two months, but now that Parliament is back in session, the issue is back on the table. The fallback position was to appoint retired judge Frank Iacobucci to review the documents and advise the government on their release. The opposition parties have, rightly, rejected this as a delaying device and a diversion from the real issue of Parliamentary supremacy. Instead, they have sought a Speaker’s ruling that Members’ privileges have been breached by the government’s refusal to comply with the resolution of the majority of the House. If the Speaker upholds the House, we could see a vote to hold the executive in contempt of Parliament – something unprecedented in parliamentary history. The government, on the other hand, could interpret this as a vote of non-confidence, and precipitate an election.

The constitutional issue has taken on a life of its own, but it is well to remember the original cause for this grand confrontation. We should ask ourselves why has the government gone to such extremes – even precipitating a constitutional crisis – to avoid investigation of the torture issue, if they do not have something they are desperately determined to cover up? If suspicions are really unfounded, why not call a public inquiry like the Arar or Air India inquiries?

One hint that something darker may be involved has emerged recently: evidence that the Special Forces unit, JTF2, and CSIS, were involved in interrogation of prisoners before their transfer to the Afghans. This raises the uncomfortable possibility that transfers might have been a kind of instant rendition to place them in the hands of those who were expected to use methods that Canadians could not employ, but might profit from.




Income Trusts

Remember them.



The October surprise after the election of the first Harper Minority government in 2006, andthe first big lie by the Harpercrite government. It closed down Income Trusts after having promised not to. By forcing them to change to corporations they initially harmed seniors who had invested in the Trusts for their dividend pay outs. So how come the Harpercrites can count on seniors for their vote?


And when Income Trusts dissolved, some into corporations, others bought out by hedge funds how did that help Canadian small businesses relying on them for their capital investment? Well it didn't help them.

Those Trusts that became corporations benefited from tax breaks, tax cuts and or course deferred taxes, which have contributed to the current Harper Deficit.

Ms. Lefebvre said that some companies have benefited from converting to corporate status because they can use other exemptions to offset entity taxes, which income trusts will soon have to pay.

“Although the rate might be roughly the same in theory, if you're a corporation, you have access to various ways to defer tax or shelter tax, none of which are available to an income trust.”

However, she added, smaller trusts are simply disappearing because they cannot continue to attract investors when they switch to corporate mode because they are no longer able to pay high-yield dividends.

“Many of those have been taken out of circulation by being bought out by private equity, or being bought out by pension funds,” she said, adding that the government wrongly assumed most funds would keep their status and begin paying entity tax.

“The biggest change for the Canadian economy is that small- and medium-sized companies will not have the access to capital that they would before.”

“[The income trust] was a creation of the Canadian economy,” she said. “It was particularly suited to an economy where small- and medium-sized companies had very difficult access to capital, where the capital market is small.”

The demise of the trusts began four years ago, on Halloweeen, 2006 when Finance Minister Jim Flaherty did a flip-flop on a Conservative campaign promise and announced that trusts would be taxed starting in 2011.

Investors were shocked and angry. Many dumped their trust holdings in the big market sell-off that followed the announcement. To this day, a few diehards continue to fight a rear-guard action in the hope that the government might have a last-minute change of heart. It won’t.

The disappearance of the trusts couldn’t have come at a worse time for income-oriented investors. With interest rates near historic lows, traditional safe haven securities like GICs and government bonds are offering pitifully low returns. As of the time of writing, five-year federal government bonds were yielding only 2.22 per cent. Five-year non-redeemable GICs from major institutions like Royal Bank were even lower, at 2.1 per cent (posted rate). That means anyone investing in these securities isn’t even keeping up with inflation, which was running at an annualized rate of 2.4 per centin October according to Statistics Canada.

The Conservatives propose new rules for income trusts

Following announcements by telecommunications giants Telus and Bell Canada Enterprises of their intentions to convert to income trusts, on October 31, 2006, Finance Minister Jim Flaherty proposed new rules that will effectively end the tax benefits of the income trust structure for most trusts. Brent Fullard of the Canadian Association of Income Trust Investors points out that at the time of the announcement Telus and Bell Canada Enterprises did not pay any corporate taxes nor would they for several years. According to his analysis, had Bell Canada Enterprises converted to a trust it would have paid $2.6 to 3.17 billion in the next four years versus no taxes as a corporation.

Subsequent to the October 31 announcement by Flaherty, the TSX Capped Energy Trust Index lost 21.8% in market value and the TSX Capped Income Trust Index[22] lost 17.6% in market value by mid November 2006. In contrast, the TSX Capped REIT Index,[23] which is exempt from the 'Tax Fairness Plan', gained 3.2% in market value. According to the Canadian Association of Income Funds, this translates into a permanent loss in savings of $30 billion to Canadian income trust investors.[24]

In the month following the tax announcement, the unit price for all 250 income trusts and REITs on the TSX dropped by a median of almost 13% according to the iTrust Report published by TrustInvestor.com and its iTrust Index. Studies by Leslie Hayman, publisher of the Report, indicated that the tax news at the end of 2006 was the second most significant volatility event in the market following only the suspension of advance tax rulings by the Minister of Finance, Ralph Goodale in 2005.

Income trusts, other than real estate income trusts, and mutual fund investment trusts, that are formed after that date will be taxed in the same way as corporations:

  • income flowed out to investors will be subject to a new 34% tax as of 2007 (which falls to 31.5% in 2011),[25] which approximates the average corporate income tax paid by corporations—this is equivalent to the current prohibition against deducting dividends paid to investors in determining corporate taxable income; and
  • income flowed out to investors will be eligible for the dividend tax credit to provide equivalent treatment to dividends paid by corporations.

Income trusts formed on or before that date will not be subject to the new rules until 2011 to allow a period of transition. Real estate income trusts will not be subject to the new rules on real estate income derived in Canada (the non-Canadian real estate operations of existing REITs will be subject to the same taxation as business trusts). The new rules were completely contrary to the Conservative Party's election promise to avoid taxing income trusts.

Flaherty proposes to reduce the federal corporate income tax rate from 19% to 18.5% in 2011. The 34% tax on distributions will be split between the federal and provincial governments—the federal government will consult with the provincial governments on an appropriate mechanism for allocating 13 percentage points of the new tax between the provincial governments.

Flaherty also proposed a $1000 increase to the amount on which the tax credit for those over 65 (the "age amount") is based, and new rules to allow senior couples to split pension income in order to reduce the income tax they pay. Although these proposals were said to be designed to mitigate the impact on seniors of the new income trust rules, there have been widespread calls for such changes in previous years.

Legislative amendments to implement these proposals must be passed by the Parliament of Canada and receive Royal Assent before they become law. The legislation to implement these proposals was included in the 2007 federal budget, which was presented to Parliament by Jim Flaherty on March 19, 2007.

Stephen Harper A Contemptible Liar

No attack ads need to be created to defeat Stephen Harper this election, he has done it too himself.

Stephen Harper and his government; the Harper Government (c)(tm)(r) were found in contempt of parliament. a fact he continues to dismiss.

Harper government held in contempt of Parliament

The fact is his is the first government ever to fall because of a charge of contempt of parliament, and he cannot dismiss that historical fact!

This is the first time a Canadian Government has fallen on Contempt of Parliament, and marks a first for a national government anywhere in the Commonwealth of fifty-four states.

Then he was exposed as a Liar on day one of the election when he claimed that creating a coalition government to replace a minority government that had lost the support of Parliament was 'illegitimate'. Conveniently forgetting that is exactly what he proposed to do in 2004.

Duceppe's message is clear: Harper is a liar

So when it comes to issues of trust and ethics, after five years the Harpercrites have caught up with the Liberals, who fell after 13 years in power because of these kind of ethical failures.

So folks if you don't like Steve and his politics or his political cronies, like Bruce Carson, then just get out those felt pens and add 'contemptible liar', to any Harper posters you see, after all its called truth in advertising for a reason.


Contemtible Liar

Harper Conservatives Don’t Understand Meaning of “Contempt” by Kevin Parkinson – March 27, 2011 |

Even as Prime Minister Harper gave his somber faced farewell speech in the lobby of the House of Commons last Friday, he refused to acknowledge why his government was defeated. By thus refusing, Harper ironically piled on even more contempt for Canadians and their right to know how this government operates. He gave his typical, unimaginative speech attacking the Opposition parties for calling an election, for which the Conservatives have already spent $26 million of taxpayer money in pre-election spending.

If you look back at Harper’s 5 years in power, almost always he has tried to govern as if he had a majority. He has kept information secret not just from parliament but also from the media. Look at the Afghan prisoner debacle, the refusal to stick to his fixed election policy, the secret plan to build mega prisons with a failing crime rate. The list goes on.

Harper’s decision to prorogue parliament should give him the title as King of Contempt. To use a parliamentary statute to protect the Conservative party from defeat in the House has to be one of the most cowardly acts of his tenure. Another irony is, of course, that his popularity actually increased while the House was being prorogued and was empty. As the polls concluded at that time, parliament was irrelevant to Canadians. And that’s the way Harper likes it. He does not want to answer to Canadians.