Manitoba limestone.
Hon. Pierre Poilievre Limestone from Manitoba, someone very patriotically yells out from across the way. He should take great pride in that limestone. It is literally part of Canada. It is exhumed from the ground and builds up the democratic institutions we now enjoy in Canada's parliamentary system.
While we walk around that old Centre Block building, we might see a number of different substances. We might have seen, before we moved, the solid white oak desks we have here.
We might go into the Library and see the beautifully ornate and well-carved pine, polished brilliantly, resplendent before the eyes of every astonished visitor. We might look up at the gilded dome and see gold looking back down at us. We might look down at the ground and see the cherry, oak and walnut wood on which our feet walk. All of those elements are beautiful. However, for me, what matters most is the stone, the limestone.
The limestone takes us back in time. If we walk into the basement in the Centre Block building, we will walk millions of years into history. Inside those stones are skeletal fragments of marine life compressed and piled millions of times under unimaginable, nearly infinite pressure to create this stone. We can literally witness seashells in the walls staring right back at us. Those seashells would have been sliced in half by a stone mason in the 19th century or perhaps in the early 20th century, as Parliament was rebuilt following the World War I era fire. Either way, in those stones is the story of time and there are two parts to that story.
The first part is that limestone is solid and to our eyes unmoving, a perfect symbol of the institution the stone is used to build up, and it should be so. Also in that same stone is evidence that all nature, including geological nature, including the rocks and stones we see as indestructible, is always in transformation. They always risk erosion, that one object today was a different object long ago. We must always work every day to preserve what we have so that stone may never erode, that these oak desks may never be nibbled away by termites and that the institutions that took so long for us to build up shall never be allowed to disintegrate piece by piece. That is why this debate is so important.
The disintegration of great civilizations do not just happen with a sudden bang. They say Rome was not built in a day, and that is true. However, it was not destroyed in a day either. It took almost half a millennia from the time Julius Caesar converted the Roman Republic into an empire, and himself from consul into an emperor, until the Roman Empire disintegrated and was sacked and defeated. An early decision can slowly eat away and wear down the once mighty and apparently indestructible institutions that give rise to the people in the first place. Thus, we must be so vigilant and on guard whenever they come under attack.
The former attorney general has said that our core institutions faced such an attack from the Prime Minister of Canada. She testified that he personally and politically tried to interfere with a criminal prosecution. Our institutional history is one that separates court from Parliament, judge from Prime Minister, and deliberately so. We understand that as soon as the politicians start to mess with the courtroom, we will go from the rule of law to the law of rulers.
This history is encapsulated in stone. I have here a beautiful book, which I am not allowed to hold up because of parliamentary rules, by Eleanor Milne, Captured in Stone: Carving Canada's Past. If we walk through the old Centre Block building, we will find beautiful carvings chiselled in the wall that tell us where we came from. The book outlines, “East Wall, Set 1, “The First Inhabitants of the North American Continent” “Centre Stone”, “In the Bluefish Caves of northern Yukon, archaeologists have found evidence of the use of stone tools between 25,000 and 12,000 year ago.” The images of that life are carved in the wall with Inuit people carrying out their hunting traditions.
We can go forward, and there are the native people who greeted the Vikings in the year 900 and 1000. We have images in the centre stone of John Cabot holding up a scroll in his left hand and a tiller in his right. Elsewhere, we have the first merchant ships to navigate the St. Lawrence River on the centre stone. We have Samuel de Champlain, the founder of Quebec City, when he encountered an aboriginal guide willing to lead him inland.
We turn forward and we see, on the left panel, the first colonies of 1763, and on the centre stone, a family of European settlers establishing a homestead. We see also carved in the wall, the great surveyor, David Thompson, interacting with indigenous people.
Finally, on the North Wall, Set 3, “The Long Road to Freedom and Justice” is engraved there. All Canadians who have not seen it should make haste to do so when the Centre Block reopens.
There is described, as I quote from this great book, “A strong figure is breaking chains, freeing doves. This speaks a symbolic language stating that those who come to this land to begin anew must leave all rage and bias behind.”
Why do so many people come to this land and why are they so successful when they get here? Why do so many people of the world live in such squalor over there and yet when they come here, the very same people, enjoy such prosperity? We cannot say that it is anything unique about our makeup as a species. We are just the same as the rest of the world. In fact, we are the peoples of the world, literally.
We are a reflection of the world because of our long-standing and successful tradition of high levels of immigration. That long history that brings us to this moment tells us why so many people from so many far off lands make the journey here and why it is that they are so successful here when their lives were so much poorer elsewhere.
What is it that makes life so different here than it was over there? Is there something in the water? Is the air different? Why are we, as a nation, so prosperous, when so many others suffer so greatly?
I look to the great Wilfrid Laurier for the answer. He was once asked to comment on Canada's nationality, and even then it was a seemingly impossible task. If he were in France, he would say French. If he were in England, he would say English. If he were in Scotland, he would say Scottish. Of course, here in Canada, in his time, at the beginning of the 20th century, we were all those things and much more. He could not define us by ethnicity, by language or by religion. In fact, he himself, though a French Catholic, read the King James Bible and therefore was not properly or even able to make his own identity known based on religion. How is it that he identified the Canadian nationality? He did so in these simple words: “Canada is free and freedom is its nationality.”
From whence did that freedom come, though? That was the next question he needed to answer. He was a proud French Canadian who mixed very easily with people of other backgrounds. He said, famously, about his time at school, that he had schoolyard fights with the Scottish boys and made schoolboy love with the Scottish girls. In other words, he grew up with Scottish kids, even though he was French through and through.
His identity of Canadian freedom was actually British, even though his lineage was French. He said of French Canadians, which I will never forget, that France gave us life, and Britain gave us liberty.
I say that to explain that the inheritance of British parliamentary democracy, of the House of Commons, of common law and of so many other principles of British history are the inheritance of all people who live in this land, not just those who have an ethnic lineage back to Britain. In other words, we all inherit it. Even though I am not English, I inherit these English liberties, just the way Laurier said he did.
What are these English liberties and how did they originate? They started with the Magna Carta. In May 1215, the angry barons gathered in the fields of Runnymede. They were taxed to the max after years of crusading kings pillaging and plundering. They were tired of the Crown's tyranny, and they were determined to reverse it. They forced King John, against his will, to sign the great charter, or the Magna Carta, as it is called.
Looking through the Magna Carta and its roughly 60 clauses, one might find them a bit arcane. There is talk of scutage and fishing weirs and other arcana that might not seem relevant in the present, but there is a whole lot more that is.
Let me read some excerpts from that great document.
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
What does that mean? It means no arrest without charge and no conviction without trial. That is relevant today, isn't it? Let me try another one:
He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him....
There are many important things here. One is, “If we have given the guardianship of the land to a sheriff”. In other words, only a civil authority approved by a democratic mandate must have the ability to arrest or do damage to property. In that case, there must be compensation if such damage or such arrest was not justified.
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
That, of course, speaks not only to arrest but to property rights. To this day, we state clearly that the Crown may not dispossess someone of his or her belongings, absent compensation for doing so, without the lawful judgment of equals or the law of the land. In other words, arbitrary expropriation is forbidden.
Let me pull another incredible invention out of that same statement: “except by the lawful judgment of his equals”. In other words, jury trials have their origins right here in this sacred text. Do not tell me that these old parchments are a relic of the past and we should forget about them and that Canada was invented in 1982. These are ancient English liberties that are our inheritance, and no one can take them away.
Here is one that is particularly relevant to this debate. I hope the Prime Minister is listening to this:
To no one will we sell, to no one deny or delay right or justice.
I look first at that starting clause, “To no one will we sell”. It does not matter how many billions are in SNC-Lavalin coffers, how many lobbyists it can send scurrying about Parliament Hill, how many illegal donations it can make to political parties and how many prospective job offers it can throw around. No matter how much it flexes its financial muscle, we will not sell them justice. Justice is not for sale.
It goes on:
To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgment of his equals, we will at once restore these.
In other words, the Crown must compensate for what the Crown has taken away.
All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.
In other words, clergy and laymen alike, Crown or subject, all must follow the law.
I bring your attention, of course, to the most important of all:
To all free men of our kingdom we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs
We are those heirs. We have inherited this. These are our liberties. They belong to us. The people of our country, the common people, have delegated us to this chamber to protect those liberties.
Thus there is the ferocious response of the Canadian people, which has surprised so many political observers, to the scandal that currently rages inside the government. A lot of people have asked why people are so upset. It is a debate about text messages and emails, he said and she said and prosecutorial independence. How often do we hear that discussed at the water coolers of the workplace in Canada?
Why is it that Canadians have resounded so strongly to this particular scandal? It is because this scandal is not that complicated. It is actually quite simple. It is based on one simple rule that everyone understands from childhood in Canada: we are all equal before the law. This too had its imperfect origins in the Magna Carta. The moment King John signed that parchment, he conceded, for the first time in the known history of our system, that he, as the king, was no longer above the law. At that moment, the Crown became subject to the law, and no one, not even a king, was above the law.
Everyone understands that we are all equal before the law and that if a homeless man is charged with stealing a loaf of bread, he cannot simply knock on the Prime Minister's door and ask him to please make the prosecutor go light on him. He faces a trial, either by a judge or a jury, and a verdict is rendered based on the facts, precedence and the law. If it must be so for a homeless man charged with taking a loaf of bread, it sure as hell must be so for a powerful international corporation charged with corruption.
People understand that money already has too much influence in most western democracies. We do not need it to have more influence in the judicial system. We do not want two legal systems, one for the people and another for the powerful. We do not want justice to be for sale. We do not want politicians to tell the judges or the prosecutors what they can and should do. That is a basic principle dating back.
In the British North America Act, I notice that there is none of the soaring language witnessed in the Declaration of Independence or even in the U.S. Constitution. There was no Thomas Jefferson who sat down with a feather and drafted up words that we all remember, etch or repeat, other than “Peace, order and good government.” Why is that? The answer, of course, is that our founding fathers understood that they did not need to write out all our freedoms at that moment in time, because it was accepted that we would inherit those that came from the mother parliament and the Magna Carta.
It has been a positive development that we have since written them out in the Charter of Rights and Freedoms, but that charter was merely a continuation of a then seven-and-a-half-century tradition that came before it. It was a continuation of the Canadian Bill of Rights, brought before Parliament by John Diefenbaker, but it was a continuation of everything that began in that field at Runnymede so long ago.
We are a nation not of revolution but of evolution. Where our friends south of the border spilled much blood to achieve their independence, we as a country almost had to be gently pushed out the door by the mother country. Of course, back in the early 1930s, with the Statute of Westminster, we were given full judicial independence, and yet for decades we would continue to go back to the British Privy Council as our supreme court. In other words, the British were offering Canada more independence than we were prepared to accept.