Is Stephen Harper a Conservative?

Betrayed! Stephen Harper’s war on principled conservatism by Connie J. Fournier, Createspace, 2015, pp. 148.

On the feast of Epiphany in the first year of the new millennium, an online forum for the discussion of Canadian political issues from a conservative perspective was launched. Its founders had been Canadian members of Free Republic, a similar message board in the United States, and so naturally, called the new forum Free Dominion. The founders and administrators, Mark and Connie Fournier, gave it the tagline “the voice of principled conservatism.”

Principled conservatism meant a conservatism that consisted of ideas and principles, rather than mere loyalty to the party which calls itself conservative. At the time there were two such parties, the Progressive Conservative Party and the Canadian Alliance, which had been formed the previous year in the first stage of a merger between the Western populist Reform Party and the PCs. Stockwell Day was leader of the Alliance at the time but by the end of the year he had resigned and early in the following year Stephen Harper was elected the new leader. In the year after that, the merger between the two parties was complete, and Mr. Harper became leader of the Conservative Party of Canada. In that capacity he served as Leader of the Opposition, then Prime Minister in a minority government, and finally won a majority government in 2011.

This was a triumph for the Conservative Party, for sure, but was it a victory for principled conservatism? Connie Fournier, in her new self-published book, Betrayed! says no, and she has good reasons for saying so. Some of these are personal, pertaining to the persecution she, her husband, and the forum they have put so much devotion into have undergone at the hands of government agencies and employees, all during the Harper premiership. Due to the nature of these injustices she cannot tell her story in full. She cannot, for example, name Richard Warman as the man who is responsible for most of the abuses of the legal system that Free Dominion has faced since shortly after Stephen Harper became Prime Minister. What she does tell, however, is told because it perfectly illustrates how the present leadership of the Conservative Party has abandoned its principles.

When Connie – who I had the pleasure of meeting a couple of years ago when she accompanied her husband, a truck driver by profession, on a run that took them through Winnipeg – speaks of conservative principles, she means the principles that underlay the Thatcherite and Reaganite movements in the United Kingdom and United States respectively, and the Reform Party here in Canada. This set of principles was created by a fusion – to borrow Frank Meyer’s word – of classical conservative views on society and morality with classical liberal views about government and the freedom of the individual. I am more of an unmixed classical conservative – a High Tory – not because I disagree with the ideas of limited, accountable, government and personal liberty, but because I hold strongly to the classical conservative view that these things can only exist in the context of a stable and secure order of established, traditional, institutions. I bring this up to make the point that while what Connie and I would regard as conservative principles are different – in a complementary rather than a contradictory way, I hope – I find her argument that Stephen Harper has betrayed those principles to be compelling and illuminating.

She tells the story of Stephen Harper’s rise to the federal premiership, showing him to have been ruthless in his pursuit of power right from the beginning. From the curious way in which he won the leadership of the Canadian Alliance away from socially conservative Stockwell Day and the heartless way in which he confiscated the party nomination for Calgary Southwest from Ezra Levant to his stacking the party council with his yes men and negotiating the merger of the two parties against the wishes of both parties' memberships, she demonstrates how within his own party he showed the same contempt for the people who elected him as he later would as the country’s Prime Minister.


She takes us through the way he has sold out one segment of the conservative support base after another, starting with the social conservatives who have no one else to speak for them having been told that their views, which were once, and within living memory, the consensus in the land, are now unwelcome, by the other parties. Harper, knowing this, has been able to collect the votes of social conservatives while doing nothing to deserve them, a pattern established early in his leadership when he offered social conservatives, who had started a grassroots effort to put a ban on partial-birth abortion into the party platform, a discussion of same-sex marriage instead, which never materialized. Even gun owners, widely though of as having benefited from the Conservative government with the abolition of the long-gun registry, are among the betrayed, Connie shows.


The biggest betrayal, however, is of those who fought for freedom of speech against Section 13. Section 13 was part of the 1977 Canadian Human Rights Act. This Act, modelled on the American Civil Rights Act of 1964, proscribed discrimination on certain grounds (race, sex, religion, ethnicity, etc.) and in certain circumstances (employment, housing, etc.) even between private individuals. Section 13 declared it to be an act of discrimination to communicate via telephone, anything that was “likely to” expose someone to “hatred or contempt” on the basis of one of the prohibited grounds of discrimination. Around the turn of the millennium this was made even worse by the adding of subsection 2, which extended its application to all electronic communications including, of course, the internet. This law had, as it was intended to have, a chilling effect on public debate, adding the force of law to the creepy contemporary phenomenon known as political correctness, that protects left-wing social and cultural engineering with loud and hysterical accusations of “racism”, “sexism”. “homophobia”, or some other made-up pathology, against its critics.


In the late 2000s, the public spotlight finally fell upon this terrible law, when Muslim groups laid charges under it against well-known conservative figures Ezra Levant and Mark Steyn. Traditionalists and libertarians united against it, and, through the means of a private member’s bill, ultimately succeeded in having it repealed. This was without the help of the present leadership of the Conservative Party. The charges against Levant and Steyn were made about the time Harper became Prime Minister, and it was during the battle over Section 13 that ensued, that Free Dominion’s legal woes began.


The Canadian Human Rights Commission, having received a complaint about some material that controversial Christian evangelist Bill Whatcott had posted on Free Dominion, urged the complainant to charge the website as well. At the time the CHRC had already targeted Free Dominion, having previously set up a dummy account “jadewarr” on the forum, for purposes of spying or, possibly, entrapment. The charge against Free Dominion was withdrawn by the complainant, but the CHRC, its doings, and Section 13 became hot topics on the discussion board. Richard Warman, the human rights lawyer and former CHRC employee who was responsible for most of the complaints under Section 13, launched a myriad of lawsuits against his online critics, including the suits that have been so devastating to Free Dominion and the Fourniers.


It is not just that all of this took place on Stephen Harper’s watch, however. His government has introduced bill after bill after bill in attempts to monitor and control discussion on the internet. These include bills that would order ISPs to spy on their customers and hand information over to law enforcement agencies without warrants. The worst of them is Bill C-51, which the government rammed through the House of Commons and Senate earlier this year. In the name of fighting terrorism, this bill authorizes law enforcement agencies to spy on Canadians without warrants, share the information they gather with each other, and even engage in disruptive activity.


In light of all of this damning evidence, Connie calls principled conservatives to hold the Conservative Party and their leadership accountable. The party needs to know that conservative votes cannot just be taken for granted, and that their betrayal of conservative principles and trampling all over the privacy and freedom of Canadians will not be tolerated, let alone rewarded.


Every Canadian, especially those who believe in the principles of conservatism, ought to read this book before the upcoming election.

GTN Tory Classics No. 2: Our Traditional Liberties and the State

I originally wrote the following essay in May of 2009 as a companion essay to "On Being a Tory in the Age of Whigs". In "On Being a Tory in the Age of Whigs" I made a case for social institutions like the family, church, and community and for the authority within these institutions - parents in the family, for example - based upon tradition and prescription. In this essay, "Our Traditional Liberties and the State", I made the case for personal liberty against statism.

I wrote both of these essays before I started this blog but the theme of both is reflected in the blog's title. "Throne and altar" is an old expression summarizing what the Tories, the original conservatives, stood for, i.e, social order and continuity grounded in the ancient constitution of church (altar) and state (throne). Liberty is personal freedom.

When William F. Buckley Jr. started National Review in the 1950s to be the printed voice of the American conservative movement, his writers included traditionalists like Russell Kirk who drew inspiration from the older conservative tradition that included high Tories like Samuel Johnson and classical conservatives like Edmund Burke. Buckley's writers also included libertarians, i.e., liberals who continued to believe in the individualistic liberalism of the 19th Century after mainstream liberalism became collectivist in the 20th Century. One of the men Buckley invited to join him in editing National Review was Frank S. Meyer. Meyer is best remembered as the proponent of fusionism - a theoretical attempt at synthesizing classical conservative traditionalism with classical liberal libertarianism.

My joining the idea of "liberty" to the "throne and altar" of Toryism is similar, in one sense, to what Meyer was attempting with fusionism. In another sense it is very different. All periods of liberalism, both classical and modern, have been periods in which the modern state has developed, grown, and concentrated power that had formerly been diffused throughout society into itself. The root ideas of contemporary, North American, progressive or collectivist liberalism, can be found in the ideas of classical individualist liberalism. In titling my blog Throne, Altar, Liberty therefore, I was not, like Meyer, trying to create an artificial synthesis between classical conservatism and classical liberalism, but stating outright that old Toryism is more consistent with personal liberty than any form of liberalism.

Since this essay goes with "On Being a Tory in the Age of Whigs", I recommend reading the two essays together. It is an ovesight on my part that I did not post this essay here much earlier, when I posted its companion. The theme that links the two essays is the idea that prescription and tradition is the source of both our liberty and government authority, and that the modern state, by growing so big and intrusive, threatens both the foundation of its own authority and our personal liberty.


Our Traditional Liberties and the State


By Gerry T. Neal
May 4, 2009

Liberty or freedom is the state of being able to choose for yourself, what you will think, say, or do, rather than having your every thought, word and deed dictated to you by others. Liberty is a good thing, something which men ought to value and seek, both for what it is in and of itself, and for other good which arises out of it.

Liberty, like most good things, has its limits. The man who wishes for unlimited liberty can obtain it only by giving up other goods, namely every good which arises out of living with other people in society. If he goes off on his own, to live on a desert island apart from other people entirely, he will have his unlimited freedom. But if he wishes to enjoy the benefits that come from living among other people in a civilized society, he will have to accept the limitations that come from living under rules. Society and civilization cannot exist without certain basic rules being in place and being enforceable..

There is an old saying that illustrates very well the reason why this is so. It goes: “your freedom to swing your fist ends where my nose begins”. In addition to cleverly explaining the limits to liberty which naturally arise from living with other people, this saw also gives us a hint as to the principles determining when it is appropriate for society to limit individual freedom and when it is not. If your activity harms someone else, such as when your swinging fist makes contact with the nose of the person next to you, that is when society, with its government and laws, has the right to step in and tell you to cease and desist. That is what laws and governments are there for.

If the only person your action harms is yourself it is not the government’s place to tell you to stop. If what you are doing causes injury to yourself and/or your property but does not cause harm to other people and their property, your activity is private, and the government has no legitimate authority over it. The legitimate authority of government, is over public activity, i.e., activity that affects others. When your acts cause harm to other people, to their property, to the institutions of society or property belonging to the institutions of society, that is when the government has the authority, and the duty, to step in and prohibit your behavior.

When the state fails to make this distinction and prohibits private acts it threatens our liberty, an essential part of our traditional heritage. The freedom to make our choices for ourselves must include the freedom to make wrong choices, choices which will harm us. We are not free, if we are free only to make right choices, choices which have only good consequences.

The modern state has greatly overstepped the bounds of its legitimate, prescriptive authority over the public sphere.

Today the government tells you that you need its permission to build a house on a piece of land you own. Moreover, you must get its approval for the design of your house, and use materials it has permitted, and builders it has licensed.

To get from one city to another, in a vehicle which you own, the government tells you that you need their permission, in the form of a driver’s license. Moreover, the government tells you that you cannot exceed a speed limit they have arbitrarily chosen, or have alcohol in your bloodstream over a certain percentage they have arbitrarily set. It is one thing for the government to say that if you kill or injure someone else with your reckless speeding or by driving under the influence of alcohol, that you will face a severe penalty. It is quite another thing for the government to say that if even you have caused no damage to other people or property you will still face a severe penalty for driving too fast or too drunk. The latter is an abuse of state power.

Seat belts are installed in vehicles for you to use for your own protection. It is your choice whether you want to use them or not. If you do not buckle up, the only one who can be hurt by it is you. Yet the state insists that if its agents catch you driving without your seatbelt done up they can ticket and fine you. Tyranny done in the name of “your own good” is still tyranny.

The government’s legitimate authority is over public activity. The state has no business telling us what we can or cannot think. It has no business telling us what we can or cannot say. The only time it is appropriate for law to limit what you can say is in a case like a crowded theater, where it is illegal to yell “Fire!”. Yelling “Fire!” in such a situation is an act of mischief, designed to spark a riot, and get other people hurt. So in that instance it is really an act, and not words themselves, that are prohibited.

Today, however, the government criminalizes certain forms of speech because of the thoughts they express. This is what so-called “hate crimes” laws are about. For example, Section 13 (1) of the Canadian Human Rights Act reads:


It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

This amounts to a prohibition because the Canadian Human Rights Act exists for the purpose of prohibiting discriminatory practices. It is also utterly draconian. Note that the words communicated electronically (the courts have extended “telephonically” to include other forms of electronic communication) don’t have to express “hatred or contempt”. They don’t even have to actually expose anyone to hatred or contempt. They just have to be “likely to” do so.

But lets suppose someone’s words went beyond that. Lets suppose they did expose someone protected by the CHRA against discrimination to “hatred and contempt”. Lets suppose they expressed such “hatred and contempt” themselves. Even in that case it would be none of the government’s business. The government is there to protect people, property, and society itself from harmful actions, not to protect people’s feelings from hurtful words. The freedom to think our own thoughts and express them in our own words is one of the most fundamental of our traditional freedoms. It is too important to sacrifice to the cause of political correctness.

In fact the entire Canadian Human Rights Act is an attack on our basic freedoms. It would be one thing for the government to say that it will treat all of its citizens equally in providing the protection of the rule of law and justice. It is quite another thing for the government to prohibit private discrimination, which is what the Canadian Human Rights Act does. If we aren’t free to decide who we want to associate with, who we want to live with, work with, or do business with, how can we be said to be free at all? Freedom of association, another one of our basic traditional freedoms, is too important to sacrifice to the egalitarian agenda.

We need to stand up firmly for our traditional rights and freedoms and demand that our government return to the limits of its traditional authority over the public sphere and abide therein.