Rae may take Harper to court over unilingual Auditor General

mentalfloss

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Liberals weigh court challenge over unilingual Auditor-General

Just days after his caucus dramatically boycotted a vote in the Commons, Bob Rae is suggesting the Liberals will take Stephen Harper to court for appointing a unilingual Auditor-General.

“All I can say is our consultations will be continuing this week,” he told The Globe Monday morning.

During a teleconference Liberal town hall meeting Sunday, Mr. Rae told participants the party is “closely studying” launching a court challenge as a result of Michael Ferguson’s appointment. He also vowed to continue the fight in the House of Commons when it returns next week after the Remembrance Day break.

Mr. Ferguson, a former New Brunswick auditor, succeeded Sheila Fraser as federal spending watchdog last week after a resolution approving his nomination was passed in the Commons and Senate. But it was not without controversy.

The Interim Liberal Leader led his caucus out of the Commons Thursday rather than even cast one vote against the Mr. Ferguson’s nomination. Liberal Senators also boycotted the vote when it was put before the Red Chamber.

The Official Opposition New Democrats, meanwhile, remained in the Commons to vote against the appointment but the Conservatives, who have a majority in the House, prevailed.

Mr. Rae called the vote a farce. He said the government neglected to mention that Mr. Ferguson could not speak French after it had advertised the post as one that required a bilingual candidate.

“The Conservatives changed the rules at the end of the game,” Mr. Rae said. “Since when is it fair or reasonable to do that? It is not. It is whimsical, it is arbitrary, it is capricious, it is wrong, it is illegitimate, and the government should know it.”


At that time, Mr. Rae said he had been consulting constitutional lawyers: “I can assure you the battle does not end here,” he said.

http://www.theglobeandmail.com/news.../Atom&utm_source=Politics&utm_content=2227814
 

mentalfloss

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It's okay, cuz according to you and Colpy, the Liberals will rebound and expel the NDP by next election. :lol:

Bilingualism needed? No for judges, yes for auditors-general

Should all Supreme Court judges be bilingual? Should all parliamentary officers be bilingual? This is a complex issue that can hardly be solved by blanket pronouncements, even though – big surprise – Quebeckers reacted with near-unanimous anger at the nominations of two unilingual anglophones for prominent posts.

Mr. Justice Michael Moldaver, a recent Supreme Court appointee, and Michael Ferguson, chosen as Canada’s new Auditor-General over the opposition parties’ protest, do not speak French, although they pledge they’ll learn the language within the year.

Alas, by promising they’ll quickly become fluent in French, these two gentlemen show they’re either presumptuous or completely ignorant of what learning another language entails. French is not a language one can learn in a year or so, especially not as an adult (and both men are well over 50). It takes years of study and practice to become fluent in either French or English, and my guess is that, despite their goodwill, neither Judge Moldaver nor Mr. Ferguson will ever become functionally bilingual, let alone able to write in French (given that written French is fraught with arcane rules).

Writing proficiency is not what is expected of a Supreme Court judge or an Auditor-General – their texts can go through the expert hands of professional translators. But it would be nice if they could read a French-language document, understand arguments made in French and then, in the case of the Auditor-General, be able to answer questions asked in French. Still, unless one is exceptionally gifted at learning languages, such relatively modest goals represent a huge challenge that will require years of hard work, especially for people whose day job is extremely demanding.

Precisely because of this, requiring full bilingualism from Supreme Court appointees would be unrealistic. It would drastically diminish the pool of qualified candidates and virtually exclude those who come from Western Canada. Considering the paramount importance of the Charter of Rights and Freedoms, it’s in the interest of all Canadians, including francophones, that Supreme Court judges be exceptional legal scholars; thus, they should be chosen solely on merit.

The Supreme Court doesn’t interact with ordinary citizens. It studies written material, and most representations are made by lawyers. Its decisions are published in both official languages, thanks to its fine legal translators. And interpreters also can be called. But the government should ensure that no more than a tiny minority of Supreme Court judges are unilingual.

The case of the Auditor-General is entirely different: The official description of the post requires bilingualism; the Auditor-General, as a parliamentary officer answerable to the people, should be able to address Canadians in both official languages; and the qualifications required for this job aren’t as demanding as the criteria used for Supreme Court appointments. What was needed was an experienced accountant, well-versed in public finances and with sound judgment. It shouldn’t have been that difficult to find a functionally bilingual accountant who also met the other requirements.

http://www.theglobeandmail.com/news...-auditors-general/article2226413/?from=sec368
 

Mowich

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mentalfloss

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Clearly this is a ploy by the lieberals to fill up their coffers!
 

Colpy

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It's okay, cuz according to you and Colpy, the Liberals will rebound and expel the NDP by next election. :lol:

Bilingualism needed? No for judges, yes for auditors-general

Should all Supreme Court judges be bilingual? Should all parliamentary officers be bilingual? This is a complex issue that can hardly be solved by blanket pronouncements, even though – big surprise – Quebeckers reacted with near-unanimous anger at the nominations of two unilingual anglophones for prominent posts.

Mr. Justice Michael Moldaver, a recent Supreme Court appointee, and Michael Ferguson, chosen as Canada’s new Auditor-General over the opposition parties’ protest, do not speak French, although they pledge they’ll learn the language within the year.

Alas, by promising they’ll quickly become fluent in French, these two gentlemen show they’re either presumptuous or completely ignorant of what learning another language entails. French is not a language one can learn in a year or so, especially not as an adult (and both men are well over 50). It takes years of study and practice to become fluent in either French or English, and my guess is that, despite their goodwill, neither Judge Moldaver nor Mr. Ferguson will ever become functionally bilingual, let alone able to write in French (given that written French is fraught with arcane rules).

Writing proficiency is not what is expected of a Supreme Court judge or an Auditor-General – their texts can go through the expert hands of professional translators. But it would be nice if they could read a French-language document, understand arguments made in French and then, in the case of the Auditor-General, be able to answer questions asked in French. Still, unless one is exceptionally gifted at learning languages, such relatively modest goals represent a huge challenge that will require years of hard work, especially for people whose day job is extremely demanding.

Precisely because of this, requiring full bilingualism from Supreme Court appointees would be unrealistic. It would drastically diminish the pool of qualified candidates and virtually exclude those who come from Western Canada. Considering the paramount importance of the Charter of Rights and Freedoms, it’s in the interest of all Canadians, including francophones, that Supreme Court judges be exceptional legal scholars; thus, they should be chosen solely on merit.

The Supreme Court doesn’t interact with ordinary citizens. It studies written material, and most representations are made by lawyers. Its decisions are published in both official languages, thanks to its fine legal translators. And interpreters also can be called. But the government should ensure that no more than a tiny minority of Supreme Court judges are unilingual.

The case of the Auditor-General is entirely different: The official description of the post requires bilingualism; the Auditor-General, as a parliamentary officer answerable to the people, should be able to address Canadians in both official languages; and the qualifications required for this job aren’t as demanding as the criteria used for Supreme Court appointments. What was needed was an experienced accountant, well-versed in public finances and with sound judgment. It shouldn’t have been that difficult to find a functionally bilingual accountant who also met the other requirements.

Bilingualism needed? No for judges, yes for auditors-general - The Globe and Mail

Well, let me say this about that:

Only 18% of Canadians are English/French bilingual. To limit our highest posts to that tiny demographic is stupid in the extreme......for a couple of reasons. First of all, we will not be getting the best person for the job at least four out of five times. Secondly, the 18% is overwhelmingly central Canadian, urban, and small-l liberal. Therefore it is absolutely unrepresentative and unfair to appoint only from that population.

I used to think Bob Rae had a brain, and was trying to rebuild the Liberal Party..........but you can now add the 82% + of Canadian voters that are unilingual to the list of people the Liberals have alienated, which already included:
- the West (NEP)
- rural people (excessive gun control)
- thinking people (arrogance)
- Quebecers (omitted from the Constitution, extreme Liberal corruption)

The Liberals will have a new leader long before 2015 and the next election. He might have an IQ larger that his hat size.....if not, the Conservative Party of Canada might well cross the 50% support mark.......becoming only the third majority gov't to do so in 70 years.

The NDP haven't a prayer. They can't be Quebec nationalists and please the RoC at the same time.
 

Tonington

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They must be taking cues from gold embossed business card John Baird. Surprised that Rex Murphy hasn't turned his rapacious populism on this ravenous partisanship. :lol:
 

taxslave

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The auditor General deals in numbers. To the best of my knowledge numbers work the same in all languages. Also if everyone in Quebec was even remotely bi lingual like they expect the rest of Canada to be they would be able to understand his reports.
Boob Rae destroyed the economy his province as a NDP Premier, now he wants to destroy the entire country.
 

mentalfloss

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Keep that dream alive Colpy, lol

Anyway, regardless of whether the new AG is bilingual, he looks like a complete quack.
 

mentalfloss

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Tory senator remains critical of unilingual AG appointment

OTTAWA — A Conservative senator from Montreal is standing by his criticism of his own government's decision to appoint a unilingual anglophone as auditor general, warning it sets a dangerous precedent that threatens bilingualism in the country.

In an interview Monday with Postmedia News, Leo Housakos, who was appointed to the Senate by Prime Minister Stephen Harper in December 2008, acknowledged he took some heat from his Tory colleagues for going public with his concerns last week. But Housakos said he firmly believes that important symbols of bilingualism in the country should neither be neglected nor belittled.

"There are certain positions in the federal government that are so symbolic to what Canada is all about and I just believe they have to be filled by people who are functionally bilingual," Housakos said.

The comments come a few days after Harper's government confirmed the nomination of Michael Ferguson for a 10-year term as auditor general, the watchdog of spending in federal departments and agencies.

"I would equally find it unacceptable if we would name an auditor general who is unilingually francophone, and I think English Canadians who might find this issue blown out of proportion perhaps might be a little bit more sensitive to it if they had, for example, named a unilingual francophone auditor general."

Housakos, a businessman with a long history inside the Conservative party as well as its predecessors, the Canadian Alliance and Progressive Conservative parties, also reiterated his comments from an interview last week with Montreal newspaper La Presse, that he would have voted against the nomination if given the opportunity. He said he is particularly sensitive about defending bilingualism since he is part of a minority community in Quebec where the majority is francophone.

The official job description of the auditor general calls for a candidate who is fluently bilingual in both of Canada's official languages.

But Housakos did not point the finger at Harper, suggesting that the appointment was probably due to an oversight by the selection committee that was never discovered or corrected until it was too late.
"I know the prime minister is committed to bilingualism (and) I know the prime minister is committed to nation building," said Housakos. "If for one minute, I thought there was malice on the part of the prime minister or cabinet, I would be even more vocal than I am now."

Ferguson was given a rough ride during an appearance at parliamentary committee last week from opposition MPs who directly challenged and tested his level of French.

The federal Liberals, who boycotted a vote in Parliament about the nomination, have also suggested that they might challenge the appointment in court.

"We are consulting with constitutional experts and looking at all options with respect to opposing the nomination of the auditor general," said Liberal spokesman Dan Lauzon. "We feel the appointment is illegitimate, and have made no secret of that."

Canada's official languages legislation requires the federal government to protect the rights of minority English and French-speaking communities and provide a boost for bilingualism across the country.

But Housakos was skeptical about whether the Liberals could overturn the appointment, noting that he believed Harper had acted within the confines of the law.
 

wulfie68

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Precisely because of this, requiring full bilingualism from Supreme Court appointees would be unrealistic. It would drastically diminish the pool of qualified candidates and virtually exclude those who come from Western Canada. Considering the paramount importance of the Charter of Rights and Freedoms, it’s in the interest of all Canadians, including francophones, that Supreme Court judges be exceptional legal scholars; thus, they should be chosen solely on merit.

The Supreme Court doesn’t interact with ordinary citizens. It studies written material, and most representations are made by lawyers. Its decisions are published in both official languages, thanks to its fine legal translators. And interpreters also can be called. But the government should ensure that no more than a tiny minority of Supreme Court judges are unilingual.

The case of the Auditor-General is entirely different: The official description of the post requires bilingualism; the Auditor-General, as a parliamentary officer answerable to the people, should be able to address Canadians in both official languages; and the qualifications required for this job aren’t as demanding as the criteria used for Supreme Court appointments. What was needed was an experienced accountant, well-versed in public finances and with sound judgment. It shouldn’t have been that difficult to find a functionally bilingual accountant who also met the other requirements.

I love how this op-ed makes the case for Supreme Court Justices, that they be the best legal minds available, regardless of linguistic ability, but they are perfectly fine with accepting a less-than-best case appointee for the gov'ts top accountant. I think the piece undermines itself; the communications of the office aren't the top priority of the post, making sure everything is done properly and waste is minimized is. Memos and documents can be translated; press releases can be made by bilingual underlings. The whole premise of the top bean counter needing to be bilingual is crap.
 

Colpy

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Keep that dream alive Colpy, lol

Anyway, regardless of whether the new AG is bilingual, he looks like a complete quack.

hmmmm......

I don't care if the CPC gets more than 50%.......they will keep getting majorities until the Libs get it right.

The NDP are done. Unless the Canadian population has suffered a severe drop in IQ.

50% + 1 will kill them outside of Quebec, if nothing else does...........
 

mentalfloss

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I love how this op-ed makes the case for Supreme Court Justices, that they be the best legal minds available, regardless of linguistic ability, but they are perfectly fine with accepting a less-than-best case appointee for the gov'ts top accountant. I think the piece undermines itself; the communications of the office aren't the top priority of the post, making sure everything is done properly and waste is minimized is. Memos and documents can be translated; press releases can be made by bilingual underlings. The whole premise of the top bean counter needing to be bilingual is crap.

There is a difference between "need" and "want" here, that I think should be underlined. If it truly was a need, then it should be enshrined in the law and enforced. I don't think that is the case here.

What would be best for the country (want) - would be an awesome bean counter that is also bilingual. In this way, we have a high end official who is not only good at their job, but is also a well respected national figure.


The NDP are done. Unless the Canadian population has suffered a severe drop in IQ.

IQ is not an objective measure of intelligence.

But I wouldn't expect you to know that.
 

wulfie68

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The NDP are done. Unless the Canadian population has suffered a severe drop in IQ.

The country elected Trudeau how many times? When Chretien was PM, remember the polls were showing more anger over a (red herring) small market NHL subsidy worth $275 million while the Federal Human Resources Dept couldn't account for a reported $3 billion? Never underestimate the stupidity of the Canadian electorate...
 

mentalfloss

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The country elected Trudeau how many times? When Chretien was PM, remember the polls were showing more anger over a (red herring) small market NHL subsidy worth $275 million while the Federal Human Resources Dept couldn't account for a reported $3 billion? Never underestimate the stupidity of the Canadian electorate...

I see what you did there. ;)