Citizens should launch private prosecution against Harper

By Jeremy Smith

Ontario Justice Charles Vaillancourt’s ruling makes it clear who the guilty party in the Senator Mike Duffy’s trial is: Former Prime Minister Stephen Harper, Nigel Wright and the rest of Harper’s PMO. If the Crown Prosecutor is unable or unwilling to do so, Canadian citizens exercises their right to institute a prosecution for a breach of the law – a right described as a “a valuable constitutional safeguard against inertia or partiality on the part of authority.”

“Mr. Neubauer [the crown prosecutor] stated that Senator Duffy’s actions were driven by deceit, manipulations and carried out in a clandestine manner representing a serious and marked standard expected of a person in Senator Duffy’s position of trust,” the judge said in his ruling. “I find that if one were to substitute the PMO, Nigel Wright and others for Senator Duffy in the aforementioned sentence that you would have a more accurate statement.”

What can be inferred from this ruling is that Prime Minister Harper’s men have fulfilled the criteria for a violation of Section 122 of the Criminal Code of Canada, which states:

“Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.”

The Supreme Court laid out the set out five criteria to establish an offence under section 122 in R. v. Boulanger:

“The offence of breach of trust by a public officer is established where the Crown proves beyond a reasonable doubt that: (1) the accused is an official; (2) the accused was acting in connection with the duties of his or her office; (3) the accused breached the standard of responsibility and conduct demanded of him or her by the nature of the office; (4) the accused’s conduct represented a serious and marked departure from the standards expected of an individual in the accused’s position of public trust; and (5) the accused acted with the intention to use his or her public office for a purpose other than the public good, for example, a dishonest, partial, corrupt, or oppressive purpose.”

Moreover, Section 16 of the Parliament of Canada Act states:

16. (1) No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person, (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or (b) for the purpose of influencing or attempting to influence any member of either House.

(2) Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars. (3) Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

What does Justice Vaillancourt’s have to say about the $90,000 cheque that Nigel Wright gave Senator Duffy?

“The PMO were also very active working behind the scenes to get all their ducks in a row. They attempted to get the Conservative Party of Canada to provide the funds for the repayment. When that failed, Nigel Wright stepped up and provided the funding out of his own pocket.”

The PMO has offered a member of the Senate money in relation to a claim, controversy, charge, and accusation, which is clearly a violation of Section 16 of the Parliament of Canada Act.

It’s also clear that, by omission or commission, the Crown Prosecutor has gone after the wrong man, while allowing the true culprits responsible for these crimes to get off scot-free. Instead of relying on the Crown to prosecute Harper’s PMO gang, it is perhaps time for a citizen to step forward and launch a private prosecution.

The Supreme Court of Canada states:

The right of a private citizen to lay an information, and the right and duty of the Attorney General to supervise criminal prosecutions are both fundamental parts of our criminal justice system.

“Anyone who has reasonable grounds to believe that a person has committed an offence may lay an information in writing and under oath before a Justice of the Peace,” according to the Attorney General of Ontario.

Private prosecution gives Canadian citizens a mechanism to take the law into their own hands in a completely legal manner. Canadians should make use of that mechanism to hold Mr. Harper and the rest of his PMO accountable for their actions by bringing them to justice.

37 Responses to Citizens should launch private prosecution against Harper

  1. Stephen Sitarski says:

    I believe that Steven Harper engaged in criminal activities while occupying the position of Prime Minister of Canada.
    Especially since Mike Duffy has be acquitted of all charges against him, an investigation into the nefarious behaviours by Harper and his office seems obvious.

    • Anonymous says:

      How can Harper sit in parliament as aback bencher . He has no shame nor remorse for his dastardly deeds . He should at least resign

    • Anonymous says:

      He doesn’t. He hasn’t seen in the House in months. He’s still cashing the checks though.

      • Anonymous says:

        Stephen Harper best prime minister ever,Thanks Stephen!

        • JaysonOttawa says:

          It depends what you believe constitutes “best”. Most fascist leaders are great leaders and “best” at be ruthless, lying, evil, manipulative, despotic megalomaniacs, seeking to impose their own beliefs and forcing others to subjugate to these beliefs or face the ramifications. Our country has suffered under the “best” Prime Minister. Yep thanks a lot Stephen for your crimes.

        • Anonymous says:

          Bigot

        • Neil Gorman says:

          Harper was a disgrace to this country

      • John Bell says:

        Harper has many times over publicly proved himself to be an evil, unscrupulous, cruel, absolutely disgusting, rotten, gutless, ignorant, greedy, shameless pig. Period.

  2. Christian Gasse says:

    I sure agree about bringing the worst PM in history. One that splurged our surplus on himself and made unconstitutional laws. Cheated, and used his position with disgrace by lying to the people. Then he gave himself a 6 million in pension with our taxes for the worst record in history. I don’t know how this prosecution work , but i’m in.

  3. Realbertan says:

    What the Duffy verdict clearly shows is that Prime Minister Harper was unfairly vilified by the media because he refused to take selfies with reporters.

    With Bill C-51, Harper protected us from the Muslim terrorists.

    With Bill C-24, Harper protected us from immigrant terrorists.

    With Bill C-27, Harper protected us from corrupt Indian chiefs.

    With Bill C-377, Harper protected us from union thugs.

    You liberal lefty cucks are upset that Harper protected Canada and our Western Christian way of life. Now you want to see him jailed out of spite.

    • Ben says:

      That is a scary answer “Realbertan”

      I am more liberal than anything else. So just for the record, we are Center / left. Which is more like trying to keep things balance, whilst supporting social programs that help people. (Like all the Albertan’s on EI right now.) We don’t want to see one province do better than all the rest. We wan’t the whole country to do good.

      Nearly every Bill proposed during the “Harper” years did more harm to your, daily freedoms, than it protected you from anything.(I really liked that you mention “Muslim” terrorists and then bring your “Western Christian” life into the comment. Not all Muslims are terrorists, just like not all “Western Christians” are bigots.) History has shown (believe it or not) religion has caused more harm to humanity than good.

      If you forget, it was the “Harper” Government that started the temporary foreign worker program. Bringing countless immigrants into the country to do jobs that no one wants to do. Because they are crappy degrading jobs, that pay little and have no future. So rich business men / women pleaded with the government to help fill these job vacancies so they would not have to pay more to the workers. (Another failure to society in general)

      You mention “Corrupt” Indian chiefs, which has been a problem in the past. However when you take a look into the history of Canada. The governments of ages past were downright brutal to the Native people of this land. Sending them into a downward spiral from which they have not recovered. You ever wonder why lots of young native kids seem like punks with no sense of identity. Thank the idea of “Residential Schools” for trying to take away their identity and then sending them adrift in a world they were still trying to figure out.

      as far as Union thugs are concerned. I was part of a union once, it was not all it was cracked up to be. However I was a rookie at the job, if I had put 20 years into I might think differently. My Grandfather spoke very highly of his union.

      I don’t want Harper jailed out of spite. I want him jailed for taking a country that I was proud to be a part of. A country that our neighbors to the south pretended to be from just to receive better treatment while vacationing. A country that had the best health care, environmental protections, and strong economy to what we have today. Strip mining all that our country stood for and flushing it away. While having more allegations of corruption that ANY other government in Canadian history. Putting restrictions on science, and destroying our environmental protections so a few people could get richer.

      Spite has nothing to do with it. If I were being spiteful, I would want his head for such actions. His name stricken from the annuls of history and replace with “He, who shall not be named” (for to give EVIL a name is to give it power)

      Finally I end with this comment that is over 150 years old.

      “I did not mean that Conservatives are generally stupid; I meant, that stupid persons are generally Conservative. I believe that to be so obvious and undeniable a fact that I hardly think any hon. Gentleman will question it.”
      – John Stuart Mill (1866)

      please for the love of what ever you believe in pick up a book (other than the bible) and do some reading.

      • Leonard Fiddler says:

        Ben you hit the nail on the and only die hard cons won’t take your comments to heart

      • Adam says:

        Beautifully put Ben. You nailed it. Put it this way, one of the most publicized terrorist attacks in our history took place a few blocks from me when the soldier was gunned down at the war memorial on Elgin Street…We were all told to stay in our homes, and stay away from windows (no one knew what was going on…) This happened on Harper’s watch…

      • Nate says:

        Well put Ben

      • Anonymous says:

        Amen

      • Melody Scott says:

        Ben, what a well-written response. You certainly speak for me. Maybe you are the citizen this article calls for.

    • Anonymous says:

      He didn’t protect me he vilified all of us with his unconstitutional laws snuck through in huge omnibus bills

    • brent Goodine says:

      Realbertan good thing you live in that sorry excuse for a province Spoiled rotten Alberta ’cause the rest of the country still remembers and knows how to really make a living without cheating. Harpo an his white collar stooges an hang ’em high for everyone to see.

    • Ken says:

      As an Albertan, I find it offensive that you use the screen name of RealAlbertan. Real Albertans are not the ignorant, narrow minded rascist that you are. Perhaps you should change your screen name to Realmoron. That would be accurate.

    • Anonymous says:

      WOW. If being a “liberal lefty cuck” means that I think EVERYONE has a voice and you can’t lump all people of certain groups together, then -yes, I guess I am. I would rather be an atheist “lefty liberal cuck” than a stupid, judgemental, christian fool. What about those of us who are not judgemental, bible thumping, christian fools? What about those of us who genuinely love people….just because what goes around comes around? WE are the ones trying to make the world a better place? I cannot even believe that an educated man like Harper was so small minded? If you really are a believer of christ, riddle me this? Why does god get credit for butterflies and bunnies but has to take no blame for natural disasters, cancer, especially cancer in children, droughts that cause starvation, stupid bible thumping fools, etc?

    • JaysonOttawa says:

      What world let alone what country do you live in that you can honestly believe this type of rhetoric. The citizens of the world of right winged ideology wouldn’t recognize the truth since these blind followers do not believe in facts and evidence. Usually because they cannot think for themselves but rather rely on the mindset and dictate as expressed by their political master. It’s a wonderful easy ride through life to not needing to reflect on truth, give up your individual ability to think and turn your life over to a puppeteer.

    • David Banks says:

      Where does it say that the Prime Minister is supposed to protect your “western Christian way of life”? That in itself is a gross breach of his responsibility to the entire country. Your religion has no role to play in Federal or Provincial politics. If you think it does, then wait till there are enough Muslims to get the government to protect their Islamic way of life and then tell me how you feel.

    • Jim Miller says:

      Yes,,stay in Alberta please..do not go anywhere else and spread your warped views.

    • Neil Gorman says:

      What a joke he is a biggot oh by the way where is Laureen

    • Anonymous says:

      Anyone who feels that Harper has a conscience or any religious beliefs while all over Ottawa people are lying on the street and the bodies are picked up when the snow melts and he feels that he needs a six milli dollar pension ought to be Baker acted asap. There are many deaths on his conscience and as far as I’m concerned he deserves all the pain he put his citizens through.

  4. Leonard Fiddler says:

    See previous anonymous

  5. TC says:

    Democracy Watch is taking Prime Minister Harper’s Office to court for bribing Senator Mike Duffy because government lawyers won’t.

    http://democracywatch.ca/pmoprosecutionfund

  6. John Bell says:

    What’s the use? Harper has enough money to buy his way out of almost any situation, and I’m certain that he would do his worst to do exactly that. Some day he will make one very big mistake,and that’s the thing for which I so fervently wish for the vile creature.

    • Anonymous says:

      If the U.S. can impeach a president, why can’t we sue our leader (s) for breach of trust!? Done according to law & calmly…that is democracy. Any amount of money used to pay the offenders’ way out should be confiscated & given to the non-profit orgaizations

  7. David Banks says:

    I think you should change your tag to RealAlbertanAsshole.

  8. Chris Lambe says:

    Instead of asking someone else to do it, if you are willing to write a piece on the idea, why not follow through on it as well.

  9. Lana Bogart says:

    We are a mixed couple (US/Canadian) and now we are back in the States for healthcare. I can get more from Medicare than OHIP now that I’m a senior. But I digress. As the world knows Trump may become President (shudder) yet I believe that Harper was far worse. He shamelessly used our money to line the pockets of his cronies, had intolerable living conditions in the Capitol so the rest of the country obviously was worse, let the unemployed die in the streets and pensions for seniors will guarantee a young society. To me it seems that this criminal behavior warrants a trial by the highest court in the land backed by citizens and imminent imprisonment.

  10. Lana Bogart says:

    I forgot to mention it Harper destroyed archives from many different institutions so our history will be lost forever and no doubt replaced with his fictions. Such a great country and look what it is now. It breaks my heart. Some things even Justin won’t be able to fix.

  11. exposer says:

    What people are forgetting who might not like Justin Trudeau is a lawsuit against a former prime minister sets the precedent for others against any prime ministers that follow and behave like this former prime minister. So instead of attacking one another see the good that a lawsuit like this can do to show anyone who comes to power that its the canadian people that pay their salaries and it is to the canadian people who they owe their job and they better be competent at that job and if they engage in any acts contrary to any laws governing their office then they will get prosecuted or sued.

    So if anyone believes that former liberal leaders were just as bad in office well guess what if this is a successful lawsuit then I would imagine then you wont be seeing a repeat of what we were subjected to including funding that joke of a lawsuit against Duffy. Finally we have seen a judge that has spoken for the people and exposed the truth.

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