The articles on this blog also appear on rabble.ca
Check out Michael Laxer's new blog The Left Chapter

Sunday, January 19, 2014

Letter to landlord.

Mr. #$$%%&^&***(

Natalie Lochwin and I have an order against #&^%(&^ Ontario Ltd. from the Landlord and Tenant Board for #$%^$$

This judgement is non-negotiable and payment in full was to have been made by October 4th, 2013 , according to the order itself. This has not occurred and this is a violation of Board's order.

As your legal counsel will advise you, and as the Landlord and Tenant Board's own website makes clear:

“An order issued by the Board is similar to a court order.  Most of the terms and conditions of Board orders can be enforced through the courts.  For example, an eviction order can be filed with the Court Enforcement Office (also known as the Sheriff’s office) to be enforced; or an order for payment of money may be filed with the Small Claims Court for enforcement.



Once the Board issues an order, it is final.  The Board will not change the order because a party does not like the decision or because a party believes that a different decision should have been made.”



If we do not receive the full amount owed to us according to the judgement within 14 days we will commence further collection and legal action against you at that time without any further communication.



Please send payment in full to %(&^ Lake Shore Blvd. W., Toronto, Ontario, $%^$%^.



We anticipate your prompt attention to this matter,

Pursuing a judgement against a landlord in Ontario and the case for landlord licensing

In the early part of 2013 my partner Natalie and I and our three children were evicted from the apartment we had lived in in west end Toronto and that was our home. It was well suited for us, with three bedrooms, a deck and being very close to both our work and the school  all our kids were enrolled in.

We had done nothing wrong. The building had changed hands, and the new owners claimed that they intended to live in the apartment, which was above a store where they supposedly planned to open a business. This is their right under the law, regardless of how long a tenant has lived there, or the tenant's circumstances. The owner at the time, our landlord, issued us an eviction notice so that the apartment would be vacant on the closing of the real estate deal.

We did not contest the eviction. There really would have been no point. Instead we went through the process, an always stressful and costly one, of finding a new home, packing up all our things and moving.

This could have been the end of the story, but, instead, only a couple of months after moving we noticed a "For Rent" sign in the window of our former apartment. The new owners, obviously, had not moved in! With a little sleuthing we found out that they were renting it out, and had upped the rent by $300 a month, something that is legal on vacant apartments under our Mike Harris era Ontario "Rent Control" laws. This allowance obviously provides an incentive for new owners to evict existing tenants claiming that they or a family member intend to move in so as to jack up the rent on an apartment they think they can get more for. Otherwise, with tenants who are already in place they can only increase rent according to a regulated guideline, this year at only 0.8%.

This is a provision that clearly should be changed and full rent controls should be put back in place on vacant apartments as well.

It was the previous owner who had evicted us, so we took the numbered company (with lots of helpful advice from a friend involved with the Federation of Metro Tenants' Associations)  that had been our landlord to the Landlord Tenant Board for having evicted us in bad faith. If proven, a tenant is allowed to claim for all moving expenses and can claim for any difference in rent for every month of one year if the new apartment they have moved into is more expensive. In our case, for example, the difference in rent was $100 a month more for our new apartment, so we were able to try to claim for $1200 in damages. ($100 X 12 months).

This is done by filling out a T5 "Landlord Gave a Notice of Termination in Bad Faith" form. This can be found on the Landlord and Tenant Board website along with the relatively easy steps for how to go about filing it. You will have to have documentation for all claims, like rent receipts/lease agreements, receipts for movers/moving trucks, evidence that they are renting it (we had a photo of the "For Rent" sign in the window) etc. If you are ever evicted for this reason, hold on to these and any screengrabs or newspaper ads, etc.

We and our former landlord received a hearing date notification from the Board and then argued our cases at the hearing itself. You can have a lawyer represent you, but this is expensive and in most cases like this, simply not worth it. Obviously if you can have a lawyer or experienced paralegal do it. This is always advisable. We represented ourselves. Be aware that your former landlord is not only allowed (as they should be) to be present at the hearing, but that they can ask you questions. If you are not prepared or willing to have this happen, and it can, of course, be stressful, then you cannot pursue them. On the positive side, the adjudicator at the hearing will not tolerate interruptions, angry attacks or insults, so you need not worry about these.

A month or so after the hearing we received the verdict. We had won! We had been awarded the $1200, plus moving expenses, plus some damages we had not even requested. It was an across-the-board victory and vindication. The Board Order was mailed to both us as tenants and the landlord. They were given a specific date to pay by, and told that the decision was final and binding (it is only in very rare cases that a Board judgement can be appealed).

The payment date came and went. Eventually they sent a small fraction of what we were owed and made it clear that this was all they intended to pay.

And nothing, at all, happened.

This is when you discover that in Ontario, there is absolutely no enforcement arm for Board decisions. The landlord or tenant is ultimately responsible for enforcement. While landlords have obvious ways to enforce a judgement, as the tenant still lives in the apartment and as eviction notices, for example, can be enforced by the Sherriff, a tenant, especially a former one, cannot do this. You have to find a way to collect the judgement yourself, and this is not easy to do.

The Landlord Tenant Board has a "help" line and when we called it after the landlord refused to pay, we were politely told that there was nothing they could do. On three separate occasions I was told personally that I was "wasting my time", that pursuing the landlord would cost more money than it was worth, that I should likely hire a collection agency to pursue them and, as one helpline worker told me, "hope for the best".

Hiring a collection agency is an option. For a percentage of your judgement they will attempt to collect it and, if it is high enough (they can be up to $25,000), they might even pursue it in court for you. If you have no time to pursue it yourself, this may be the best option. Our judgement was for under $2000 total however, as many will be, and a collection agency is unlikely to pursue this in court. They may succeed in harassing your former landlord into submission, and they do not get paid unless they do, but a landlord can simply ignore them and wait them out.

Alternately, of course, if you have access to a lawyer or paralegal and if it is either pro bono for you or worth it to pay the fees, then you should take advantage of this and have them take action on your behalf. This is, when possible, always the best course of action.

But it is not always possible, and Natalie and I certainly could not afford this, and even if we had been able to, it would not have been worth it for a judgement that size.

After a considerable amount of digging around, and again with the helps of friends, I found that there is another option. What you have to do is have the Board Order converted to a judgement in Small Claims Court. First, send your landlord a letter telling them that they have failed to make restitution as required, and tell them that if they do not pay within 14 days you will take further action. I have posted a copy of the one I sent (with some information redacted) here.

Assuming they do not pay, you need to take the Order to the Small Claims Court office in your community in Ontario and do this in person. In Toronto this is located at 47 Sheppard Ave. E. A full list of office addresses can be found on the website of the Ministry of the Attorney General.

This will cost you $100, but you can claim this as a cost later and recoup it from your landlord when and if you succeed in getting what you are owed. You need to go with identification and proof of address. The key thing that you also need, if you wish to be able to proceed to immediate garnishment and enforcement of the decision, is your landlord's banking information. Usually you will need to get a cancelled rent cheque that has been cashed by your landlord from your bank.  This will have your landlord's bank's stamp on it, which contains the banking information (bank, account number, branch number, etc.).

If you do not have or are not able to get your landlord's banking information it becomes far more complicated as you will have to serve forms to have a hearing held to compel your landlord to provide the information for garnishment or you will be required to, if they have one, compel their employer to enforce the judgement by garnishing their wages (if you had or have a numbered company landlord, this can obviously not be done). Otherwise, you have to seek other types of property seizure/liens that are very difficult to pursue.

Assuming you do have or can get this banking information, and it is generally not that hard to obtain, you will need to fill out and file at the Small Claims Court office a Form 20E "Notice of Garnishment" along with a Form 20P "Affidavit for Enforcement Request" with a clerk at the court office. These forms can be found at the government website along with instructions for their completion. The clerk will stamp the notices.

You want to claim for your full Board order amount, plus the $100 cost of the judgement conversion, plus any interest available to you for late payment. The interest you can claim and from what date you can apply it will be included in the original Board order.

You will then have to serve the stamped Notice of Garnishment on the financial institution where they have their account and on your landlord. You also have to send your landlord a copy of the 20P form. It is critical to note that you do not have to serve your landlord until 5 days after you have served their bank. This prevents them from removing the money from the account. While other methods are allowed, and are detailed in the form instructions, I advise serving the documents via registered mail to have a paper trail.

When you serve the stamped 20E Notice of Garnishment with you landlord's bank you also have to include a blank "Garnishee's Statement Form", form 20F, that they will send to you filled out when they have either enforced your garnishment or are attempting to claim that they cannot do so.

Once you have served the bank and your landlord, you will have to complete and return to the court, very promptly, a form 8A "Affidavit of Service". This must be, as the form says, "signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits", meaning that you will have take it to a lawyer's office and have this dome, generally for a fee of around $20, (and then mail it to the Small Claims Court) or to take it back to the court office and do it there. It is critical that you take this step, or you will not get your garnishment.

Small Claims Court offices have free legal clinics available to people of lower or medium income (and I suspect anyone doing this on their own is almost certain to qualify) who will give you advice and even fill out the forms for you. Take advantage of this. I would have had a much harder time without them. The forms are confusing if you are not familiar with them, and they have to be filled out properly or they are not valid.

Expect, especially in major centres, to spend a long time at the court office. If at all possible, go as early as you can in the day.

If you follow these steps, and if your landlord has the money in their account, the bank will garnish it, will send it to the Ministry of the Attorney General, and, barring a very unlikely appeal of this, you will be issued a cheque within 30 days of the ministry getting the money (which generally happens within 20 days of you serving the bank.)

We finally got our cheque, and restitution, in early January 2014. While this was a very satisfying moment, it took months and many hours of effort. If I were not self-employed and, to be honest, driven by a sense that my family and I had been wronged, I probably would have just given up. If reading the steps involved seemed a frustrating and tedious effort, this is what the actuality of it is like! I can honestly say that had I known the effort involved, I am not sure I would have done it.

This is wrong. The fact that it is so difficult for tenants to get the restitution and justice that they are due after a Board order is simply wrong. The power relations and resources of landlords and tenants, in the overwhelming majority of cases, are not the same. Landlords in the vast majority of cases have far greater  resources and far more that they can do evade compliance with an order.

Ontario needs to implement an enforcement arm for the Board in conjunction with both landlord registration and landlord licensing. Landlords should be required to adhere to the various codes and acts, including the many appalling cases of lack of maintenance, or face losing the privilege to be landlords. There should be direct consequences for slumlords, including provincial and municipal legislation allowing the expropriation of their property and its conversion to public or cooperative housing. All landlords should be made to place their banking information on file with the government so that in the event a tenant gets a judgement, they can act on it without all of these hurdles. 

This is a basic issue of fairness. It is simply unfair to expect tenants to do what is now required to get the money they are owed from what are often wealthy individuals or corporations. These are judgements made by government boards in the interest of social justice and the enforcement of government enacted regulations and laws. The reality that the government then leaves it to the tenant to enforce the order entirely on their own is a real injustice.

It is very clear that the vast majority will not be able to do so. This makes one wonder if that is, in fact, the government's intent.

This article outlines the specific case and steps that Natalie and I had to take. Every case, of course, is somewhat unique. If you can, you should always try to get the help of a lawyer or paralegal if this is possible for you. For further help and advice, please also check out these organizations:The Federation of Metro Tenants' Associations

Community Legal Education Ontario



Friday, January 3, 2014

Michael Laxer for City Councillor Ward 6: Opening Statement

Sisters and Brothers;
 
As a long-time resident of and small business person in Ward 6, and as a lifelong resident of Toronto, I am announcing today that I am running for election to seek to serve the people of Etobicoke Lakeshore Ward 6 as your City Councillor. I have lived in the Ward and worked on the Lakeshore every single day for over twelve years. 
 
I feel that, as a city and a society, our governments and many of our politicians have lost track of the principles of equality, justice and community that so many of us see as a fundamental part of what kind of a place we want to live in. 

The programs and freedoms that our foremothers and forefathers fought for are being sold off and whittled away on the altar of corporate greed in order to generate greater wealth for the already wealthy.

We need to turn things around in Toronto. We need, together, to work towards a new direction for our city and its government.

We need a real alternative.

For too long we have been led by one version or another of austerity and cutbacks. Fewer services, lower wages, higher user fees, while the rich get richer and the city becomes impossible for many to afford to live in. For too long the agenda has been set by and for the rich, powerful and privileged, like Rob Ford, instead of by an agenda centred on the interests of the working people and residents of the city and Ward 6.

As a candidate for City Councillor I want to help to change this. I want to work with you around issues like:

1) Economic Justice and Equality: We need a new Toronto. A more just and inclusive Toronto. A Toronto that leaves no resident behind. To do this we need the fight for economic justice to be front-and-centre and as a City Councillor I will fight to make higher wages a part of the business standards expected of retailers and businesses who wish to operate in the city, will actively fight for higher wages and benefits for all people and for stopping wage cuts for city workers or workers under contract to the city. Our city does not benefit by pushing the wages of any workers down.

Instead we will fight together to raise the wages of all.

I will actively advocate as a Councillor for a $15 an hour minimum wage in the city and province.

2) Transit: As Ward 6 City Councillor I will fight to see the Waterfront West LRT plan brought back to connect our Ward with Toronto's downtown in a faster and easier direct route. I will work to see transit expanded city wide and to have revenue tools put in place to finance and maintain this expansion. I will work to integrate GO Transit and TTC routes within the city so that people can use the Lakeshore line as if it was a subway.  I will also fight against any agenda to raise fares and will work towards FREE transit, which should be the environmental and social goal of any government.

3) Housing: Toronto needs a serious housing strategy with the building of more co-op and community housing and fighting to get the province to implement stricter rent controls, especially in high rise and condo buildings. We need to bring in landlord licensing so that landlords who consistently fail to keep units in good repair and meet basic standards of conduct lose their right to be landlords. Public housing, which has been neglected and allowed to fall into disrepair over the past 20 years must be raised to a higher standard. We need to end homelessness in Toronto. Housing is a basic human right that needs to be made more affordable. Far too many Torontonians are homeless or one paycheque away from homelessness. This is unacceptable.

We also need to continue the fight to abolish the pro-developer Ontario Municipal Board.

4) Police Accountability: The police in Toronto are meant to serve and protect ALL the citizens and residents of Toronto. There are simply too many cases where some police officers think and seem to be treated as if they are above the law. This has to stop. As a City Councillor I will work to fight for greater civilian oversight of the police and greater police accountability. No one should be above justice.

5) A More Democratic City Hall: For too long our City Hall has seen many of the same faces backed by the same interests. It is time for a more democratic City Hall, more open to change and new ideas and voices. For too long highly paid City Councillors have made cuts to the programs, wages and services that those making far less than they do depend on.

As City Councillor I will fight to see term limits implemented, so that no Mayor or Councillor can serve more than two terms, to see stricter rules around campaign donations implemented, including limiting the ability of wealthy candidates to donate to themselves, and I will pledge to make no more in income than the average resident of the city does, donating the rest to charity and social causes. If City Councillors are going to make decisions affecting the lives of the people of the city, they should have to make ends meet on the wage of an average resident to truly understand the impact of their policies!

6) Fighting the Ford Austerity Agenda: When I ran in 2010 I was the only candidate in this Ward, and one of the few in the city, to stand up against Rob Ford publicly. His pathetic and dangerous personal behaviour aside, it was his agenda I most opposed. Together we need to fight this agenda, an agenda that goes beyond Rob Ford and that is the Capitalist agenda of service and wage cuts. We need a real and forceful Socialist alternative to this agenda. A Socialist alternative built around people and not profit, built around community and not the rich.

This is just the start of our shared platform. There is so much to work towards in so many areas. As a candidate, and as a Councillor if elected, I will hold meetings every month open to all members of the community and anyone from anywhere in our city to get your input and your ideas for how we can, together, build a better, more equal and more just Toronto.

A Toronto whose government is centred around our collective goal of ending injustice, inequality and oppression.

A Toronto that will be known internationally not for a dangerously out-of-control reactionary mayor, but for its dedication to building a new society and a better world, starting right here in our own neighbourhoods and communities.

A new Toronto.

Tuesday, December 24, 2013

The racist idea of a War on Christmas

As fall fades into the "holiday season," for years now we in North America have been forced to endure right-wing commentators, TV personalities and talk radio shows droning on-and-on about the supposed "war on Christmas." It is such a farcically and transparently false idea and yet it persists.

The "war" that is alleged is usually, according to the narrative, being fought on a few crucial fronts. The schools, where allegedly Christmas is "not allowed" anymore; workplaces, where allegedly people are being "forced" to say "happy holidays" and hide their "beliefs"; the retail stores where Christmas has been banished; and the government, which apparently is behind it all and is going to one day ban Christmas altogether.

All of this is total nonsense. It is so ludicrous that it flies in the face of even the blatant evidence of walking down an American or Canadian street of any kind. The side streets abound with houses adorned with Christmas lights and decorations and the main streets with stores and retailers, large and small, engaging in very fierce and very explicit competition to part you from your Christmas dollar. Christians can rest assured that the private sector's lust to profit from the birth of Jesus remains totally unabated.

In Toronto, as I am sure is true in other cities, an entire radio station turns itself over to playing Christmas music 24 hours a day for weeks. They even describe themselves as the "official" Christmas music station! (To the best of my knowledge there is no, for example, six-week, 24-hour-a-day Hanukkah music station, so at least on this front Jesus is still clearly winning). Others increase the nauseating inclusion of Christmas songs on playlists more and more as the grand Holy Day approaches. In the week before Christmas it reaches a saturation point that is totally unavoidable.
"Christmas specials" are on every channel and are done on many TV series, Christmas trees are everywhere, including public spaces, and, of course, Christmas is a national holiday with schools taking a long break to correspond to it. This, needless to say, is not done for the major religious holidays of any other religion.

The idea that schools and workplaces "ban" Christmas is completely false, and while holiday concerts may not be explicitly religious, so as to include the millions of Canadians who are not religious Christians, they do, of course, occur in the lead up to the Christmas holidays and they do include primarily Christmas carols and jingles. The office Christmas party remains a time-honoured  tradition of drunkenness and inappropriate behaviour, the only real threat to which is legal liability as opposed to Satan worshiping "politically correct" atheists or non-Christians.

The entire war on Christmas idea has been demolished and mocked in many forums. Rob Boston recently wrote a piece in Salon that both took apart its proponents' arguments very effectively and labeled it a conspiracy theory. Which to a degree it is.

Yet, the reality is that exposing the notion as false is simply not enough. It is not just the misguided musings of people with an overly nostalgic fixation on a glorious past that never really existed. It is not just false. It is also racist and bigoted and is an attempt to help to create a backlash against immigration, diversity, inclusion and multiculturalism. This so-called war is held up as an example of "reverse racism" and to support the claim that it is now the Christians who are oppressed and being discriminated against.

It is hard to put an end to the imbecilic yearly incantations of this ideological fiction for precisely this reason. Racist conspiratorial ideas withstand intellectual scrutiny among their devotees because they are articles of faith, not logic. They are part of the foundation of a world view, not a description of reality.

All one has to do to see this is to listen to any call-in radio show on the matter. As an example, CBC Radio's Ontario Today had a Christmas at Work episode recently where a caller, "Chris from Woodbridge," at around 16 minutes into the program began to espouse the points you always hear. Talking about how "people can't respect Canadian traditions and Canadian life as we have had it for centuries," referring to "these people," talking of Christmas as a "recognition of religious belief in the Christian country of Canada" and bluntly stating that "we are overly tolerant to the detriment of Canadians and our traditions."

Yet "these people" he is referring to are also Canadians and Canadian citizens just as he is, Canada is not a "Christian" country historically in the sense that Chris and others like him mean it, and non-Christians have been in Canada since before its inception as a nation. People of Jewish, Islamic, Hindu, Buddhist and many other religious beliefs have been a part of what is "Canadian" and of Canada for, in many cases, generations, and are just as "Canadian" as any other Canadian. Canadians who are Christians do not even, of course, broadly agree on what Christianity is or even when Christmas should be celebrated, with Orthodox Christians, for example, celebrating it January 7, 2014 and therefore not even in the same year technically. Never mind that we have built our "nation" on land stolen from the non-Christian First Nations and aboriginal peoples whose home this was and whose traditions have been entirely disregarded.

The point is that the people who promote this myth do not really mean "Canadians" at all. They mean Christians. They are fundamentally opposed to the growing complexity, tolerance and secularism of Canada and see this, correctly, as a threat to their vision of an evangelical nation organized around Christian fundamentalism. They hold up a racist mythology about a past that never was to help to build a future that will include only citizens of their beliefs and of their racialized view of what a "Canadian" is.

Critical to this narrative, as with all religious fundamentalist or racially supremacist narratives, is the notion that the "community" is under threat from outsiders who would seek to subvert it from within. The "threat" from these "others" is used to rally the community to fight harder to exclude other ideas and beliefs as being "dangerous." Additionally, in the case of the evangelical and religious right, the "threat" is used to seek to justify a theocratic notion of the role of Christianity within North American "tradition" so as to help to undermine its actual tradition of a large degree of separation of church and state.

The fact that fighting the fake "war on Christmas" is part of a broader political movement's objectives was made clear by, among others, Sarah Palin, who on December 10, told a Christian "news" site that:
"This war on Christmas is really the tip of the spear when it comes to a greater battle that's brewing... And that battle  that's brewing is those who would want to take God out of our society,  out of our culture, which will lead to ruin as history has proven."
For extremist movements and ideas, if these threats do not really exist, it is necessary for them to be invented.

For secularists of all stripes it is critical to understand that the idea of a "war on Christmas" is not simply false. It is part of a radically right-wing, evangelical and racist agenda to build a "Christian" North America.

Monday, December 2, 2013

An Open Letter to Councillor Mark Grimes: We do not want a self-admitted celebrity "criminal" in our children's holiday parade

Councillor Mark Grimes;

For many years we have had to endure right wing and/or populist rhetoric about drugs and crime. About how we need to have zero tolerance for it supposedly; how "criminals" do not deserve our sympathy, how drugs are a scourge and how criminal behaviour is never acceptable.

Was it not our now self-acknowledged criminal behaviour mayor who said he did not want to "hug a thug".

Was it not Conservative talking heads like Tim Hudak who have defended extremely harsh anti-drug laws...except, apparently, when they are meant to apply to political allies?

It has been made clear that apparently our self-acknowledged drug using, violently misogynistic abusive, guilty of self-acknowledged criminal conduct (and crack cocaine use is a criminal offense, normally, if you are not rich and white) intends to attend the local Lakeshore Santa Claus Parade. He seems to want to show the kids that you can do whatever you want, as long as you are rich and powerful enough to get away with it.

In a neighbourhood where so many have been intimidated and abused by the police for so much less, and where politicians like yourself have jumped on anti-drug and anti-crime lines to get elected, one has to ask, why is he being allowed to march in a children's parade?

Why?

Is it now OK for a rich white elected official from a wealthy family to behave this way?

Councillor Grimes, what is your position? Do you or do you not feel that it is appropriate for a self-acknowledged drug user, as Rob Ford is, to march in a "family oriented" parade. Do you or do you not think that all citizens should be held equally accountable for clearly criminal conduct?

Do you, or do you not, think that Rob Ford and every other person in your ward deserve the same justice?

Would you allow other self-acknowledged criminals guilty of what Rob Ford is, to march in the December 7th Santa Claus parade?

Does this city have no shame?

Monday, November 25, 2013

The theory and practice of "tax relief": Austerity, inequality and neo-liberalism (in three parts)

This is a republication of three pieces (one written with Matt Fodor) on the devastating impact of tax cuts on society and on the creation of the austerity agenda as well as the ineffectual "response" of the left; a response that in many cases facilitated it. 

"Austerity is not simply the consequence of constant tax cuts, it's their purpose"- Alex Himelfarb

Part One: Tax relief and the austerity agenda
 
One has to hand it to the neo-liberal ideologues and the neoconservative political movement in Canada; they have managed to get all political parties, the mainstream media and most of the population on board the "tax relief" train. To one degree or another, they kneel at the alter of this ultimate false god.

And in the wake of round-after-round of federal and provincial income, sales and corporate tax cuts, the threat of severe austerity measures grows as each year passes.

While this story has played itself out across the country, right now it is doing so most dramatically in the province of Ontario, where citizens are faced with an austerity agenda that will be one-degree-or-another of the disgraceful Drummond Report.

The massive income tax cuts of the '90s and the past decade in Ontario are the chickens that have come home to roost and they are directly why our governments claim they cannot "afford" to fully fund the programmes that citizens depend on, and why they are increasingly rattling the sabres by giving us the entirely false and unnecessary choice between supposed impending economic collapse and massive service cuts and user fees.

To put this in perspective, we have to begin by looking at what potential revenue was lost by Ontario's two decades of tax cuts. By 2003, as was noted at the time by the Canadian Centre for Policy Alternatives, the Harris era personal income tax cuts alone were removing $11.6 billion per year from the Ontario treasury. These tax cuts, which were never reversed, (and which no one is proposing to reverse) have meant that Ontario has lost a minimum of $90-100 billion in revenue since 2003, not including the further tax cuts of the McGuinty era and not including the revenue lost during the Harris era itself. They also were of far greater benefit to the upper income brackets than the lower.

The reversal of these specific tax cuts would have reduced Ontario's overall debt from in excess of $236 billion to under $140 billion. This is very significant, given that Ontario paid out more in interest on this debt in 2010-2011 than it spent on post secondary education. The interest the province is handing to global financial concerns would have been around half the nearly $10 billion it was. That pays for a lot of programmes. It would also have meant that instead of facing an approximately $16 billion deficit this year we would be facing at most a deficit of $4.5 billion.

And this does NOT include all the other tax cuts; the cuts to corporate taxes, to small business taxes, to personal taxes since 2003 under McGuinty, etc. It only includes the impact of cuts to personal taxes that occurred under Mike Harris.

In fact, McGuinty's government has bragged that it is cutting income taxes even further. In Ontario's Tax Plan for Jobs and Growth of March, 2010 the Ontario government is openly proud about how their personal income tax "relief" will benefit 93% of Ontarians (which means many very well-off people) and take another $11.8 billion in revenue out of the coffers over three years. That's almost $4 billion a year. And that means that, without these additional tax cuts, had there not been the "tax relief" since 1995, there would have basically been no deficit and their would be no need for the austerity agenda at all.

If the corporate and small business tax cuts of the 1995-2011 period had not happened, combined with the restored revenues from personal income taxes mentioned above, we would be running a surplus now and we would have an overall debt well under the $100 billion mark.

And yet no one, in any of the mainstream political parties, is advocating for reversing the vast bulk of these taxation policies. Not even close.

It is very important to understand that for the majority of citizens the money that they have received through this "relief" does not even remotely compare to the services, social cohesion and opportunity that they have lost as a result of it.

Unless you are in one of the small tax brackets at the pinnacle of our very steep income pyramid, tax relief is no relief at all. 100 per cent the opposite in fact. Tax relief is the key reason we can't "afford" and do not have programmes like universal day care. It is the reason that "economists" like Don Drummond can claim a fiscal crisis where none need exist and advocate to cut your programmes to the bone in the name of "fiscal responsibility". It is the reason our social programmes are not as good as they were in the '80s and early '90s. The reason our social and even physical infrastructure is falling apart. The reason why user fees on things like children's programmes are ever increasing. The reason why public transit exists at levels well below what is required. The reason why if you lose your job you can't count on any real long-term government help, why health care is in "crisis", why tuition fees are way up, and so much more. It is a large part of why it seems, despite unprecedented economic "growth" over the last 25 years, that we are asked over-and-over again to make sacrifices to keep the wealthy wealthy and big business afloat. It is the primary reason we have been utterly unable to really confront the stain of child poverty and it is a root cause of the massive growth in social inequality.

The results of the theory and practice of "tax relief".

Tax relief is the greatest snake oil salesperson political trick of all time...it promised to deliver financial aid and social stability but, for the bulk of the population, it delivered the exact opposite.

After the 2008 crisis of capitalism and the massive funds that were found to bailout major corporations in both Canada and the USA, it is also very clear that the idea that all this "tax relief" would result in eternal prosperity, corporate investment and trickle-down wealth has now obviously been shown to be the total nonsense that it always was. Most of the population has less job security, less access to programmes and less of a share of overall social wealth than they did when it all began. So, one has to ask, what was the point if not simply to benefit companies and those with higher incomes?

But there is no real political counter-offensive against the basic idea of personal tax cuts.

As shown the McGuinty Liberals have carried the Harris tax cuts further, and have pledged repeatedly that any tax hikes are off the table. The Tories advocate for even deeper tax cuts, and have implied that they would, if they could, implement Drummond's report in its entirety: a recipe for Greek-style social collapse.

The Ontario NDP has called for a raise in the corporate tax rate back to 14%, but the money that this would put back into government coffers would be offset in large part by what the government would lose by the NDP's promises to cut the HST on home heating and gasoline, and by tax breaks to small business. They outline this themselves in their 2011 election platform, the Plan for Affordable Change. Nowhere does this platform call for any personal tax increases, not even on the highest income earners. And yet increasing income taxes even marginally on, say, the top 25% of incomes in Ontario, would have a profound impact on, at the very least, maintaining government programmes as they are now.

The plan's constant refrain of "Rewarding Job Creators", "Living Within our Means", and "Making Life Affordable" expose the central contradictions of the tax relief idea. These targeted tax cuts proposed by the NDP are bad environmental policy, as many have pointed out, most notably the David Suzuki Foundation. But, more basically, would life not be made considerably more affordable for the pocketbooks of "working families" if we reversed personal income tax cuts and used the money to create a provincial system of, for example, free daycare or free pharmacare?

These are programmes that cannot really happen in any other way. Sometimes one can't help but feel that Social Democrats in Canada think that one day they will deliver Scandinavian Social Democracy and social programmes with US level tax rates. They won't.

These are just two examples of the programmes that could have, and could yet exist, if we turned back the near twenty years of personal and corporate tax cuts. Instead we will likely see more service cuts, and we will see a yet greater burden on the province's poor, its workers and its middle-class.
In fact, of course, without personal tax increases on, at the very least, the top income brackets, all the rhetoric of the "shared pain" that is flowing from Queen's Park is unbelievably and contemptibly hollow.

Now, more than ever, we need to fight for real, fair, steeply graded progressive income taxes and to understand that only with these taxes can we build the kind of society that we want and can we fight the inequality that is the hallmark of our times.

Part 2: It's still time for an adult conversation about taxes
Written with Matt Fodor

In a 2009 article in the  Toronto Star, progressive economist Hugh Mackenzie commented on the "strange debate that separates taxes from the services they pay for."  This is a problem across the political spectrum.  Mackenzie criticized the tendency of the Canadian Left to "[campaign] for better public services as if they can be provided free. Better services won't cost us anything because the higher taxes needed to pay for those services can be paid by people we don't know. People who make a lot more money than we do. Big corporations but not small businesses."

Mackenzie was referring to the British Columbia NDP's campaign against the carbon tax as well as the campaigns against the HST "tax grab" by the NDP in both B.C. and Ontario.   This continues today with the Ontario NDP's opposition to road tolls in the Greater Toronto and Hamilton Area to pay for much needed transit improvements, which eerily echoes Rob Ford’s “war on the car” narrative.

Just this past week, in a truly amazing statement when asked about taxes, this from Tom Mulcair:
Mulcair seemed surprised when he was asked if taxes would go up under an NDP government.
"You’re the first person who’s ever asked me that," he said, adding quickly that they most definitely won't.
"I am categorical on that," he said. “Several provinces are now at the 50 per cent rate. Beyond that, you’re not talking taxation; you’re talking confiscation. And that is never going to be part of my policies, going after more individual taxes. Period. Full stop.”
The Canadian Left, in seeking to justify this and similar stances, will often point to historic left-wing "anti-tax" moments, like the fight against the Poll Tax in the UK in the '80s. But in doing so they take the issue out of the present neo-Liberal context of an ideological campaign against the very idea of taxes. This campaign has been exceptionally successful and has been a critical component underpinning both the appeal of right wing populist ideas (and a major factor in why people support the right and its ideas even against their own seeming class interests) and the growth of rampant, "Gilded Age" levels of social inequality.

On the surface, the "people we don’t know" argument seems appealing.  After all, the Left has long fought for progressive taxation – based on the ability to pay – as a key means of redistribution and raising the revenue to pay for welfare state measures and public investments.  Progressives have rightfully condemned the changes of the tax system over the past two decades that have benefited affluent Canadians.  By increasing taxes on “people we don’t know”, so the argument goes, we can provide "tax relief" to hard-working, middle income Canadians and "everyday families."

This argument is problematic for several reasons.  It underemphasizes the issue of revenue and the devastating impact of tax cuts in Canada, as well as the redistributive power of public spending.   The argument is also contradicted by the experience of the Nordic countries, which have the most advanced welfare states and lowest levels of inequality among OECD countries.

Further, it helps to reinforce the complete illusion that taxes are, in fact, a "burden" upon the "middle class" at all, an illusion that furthers right wing ideological ideas and objectives. It feeds into false 99 per cent fantasies that mislead with the facile notion that social inequality and economic injustices can be rectified exclusively by making "them" (big business, the rich, etc.) pay, while not increasing taxes on, say, a household with $100,000 in annual income (a household that would, one might note, fall well within the parameters of the 99 per cent).

As we will show, this reluctance to confront the socially negative ramifications of tax cuts for the middle class and this capitulation to the notion of taxes as a "burden" upon the middle class, has severely limited the ability of government, of any ideological stripe, to actually implement or re-implement social programs and polices that played a direct role in lessening inequality and its consequences. The "War on Poverty" that governments declared at the height of the post war period of "social compromise" was actually succeeding and it was founded and predicated upon far higher personal income taxes for citizens of all classes.

Also, these ideas underestimate the highly disparate nature of "need" within the so-called 99 per cent. They equate the desire of a household with an income of $100,000 a year to finance the mortgage on a large house, or buy a second car that they feel they "need", with the ability of a family with an income of $35,000 a year to send their kids to "public" summer programs (which are no longer free in most centres), to access increasingly expensive higher education, to have properly government funded daycare, or any number of other programs that would fundamentally alter their lives and social mobility.  These "needs" are highly different morally and ethically.

Over the past two decades, neoliberalism has been consolidated as the economic orthodoxy in Canada, at all levels of government and is now supported by political parties of all stripes.  In order to cultivate popular support for neoliberalism, the positive role of government came under a media and corporate assault.  Public services were demonized as overly generous and bureaucratic; the more efficient private sector could do it better.

Tax cuts were sold as a means of freeing Canadians of taxes and giving them more money to spend.  Taxes were thus not a positive investment in society but a burden to be avoided. There developed a culture of tax revolt that crossed class and ideological lines.
As Marxist economist Leo Panitch put it:
It also had to do with a tax revolt on the part of the working-class, which starts to see less and less for itself in the welfare state. Respectability leads this segment to increasingly deride that working class we now call the precariat. And many of them opt -- and the unions aren’t able to stop many of them opting (to some extent they’re even complicit in it) -- for the $200 a year they can save by voting for a government that offers them less taxes. A portion of the working-class opts for that. And the left was complicit in it when it opposed, for example, the sales tax. One needed to say and should be saying that Sweden’s value-added tax is 23 per cent. You can't have a welfare state without it.
Jean Chretien and Paul Martin slayed the deficit by massively cutting public spending, and dismantling much of the progressive state that had been built up during the 1960s and 1970s.  They then implemented personal and corporate tax cuts and also slashed the capital gains tax, the single most regressive tax cut in Canadian history.  Tax-cutting has continued under Stephen Harper, who cut the GST by two points, implemented many boutique tax cuts for "middle class families" and continued to cut corporate taxes.  The effect of these tax cuts has been to turn Canada into a more unequal and market-dominated society.

It is true that the right-wing line that “there aren’t enough rich people, so why bother taxing them?” is a self-serving one that can easily be refuted.  At the same time, we need to recognize that working and middle class Canadians benefit far more from quality public services, paid for by taxation, than from tax cuts.

Tax cuts have also had a devastating impact at the provincial level.  While this is true across Canada, taking the example of the past nearly twenty years of fiscal policy in Ontario, [as noted as well in part one] a key component of the Common Sense Revolution of Mike Harris was a 30 per cent personal income tax cut. This cut and its preservation and expansion over the years by both the Tories and Liberals, fundamentally changed Ontario politics.   Once in place, the province could not return to previous levels of spending for health, education, welfare and municipalities, and no major political party has dared to suggest reversing it.

The profound effects that this has had are not widely understood as they have been not only compounded by further tax cuts, personal and otherwise, under the provincial Liberals, but also by the fact that a generation of complete cross-ideological subservience to the underlying concept of tax cuts have led them to become so ingrained  in our political and economic culture that they fundamentally narrow the scope of the possible in terms of redistributive or social program options.

The tax cuts remove at a bare minimum between $12 and 14 billion a year from the coffers of the government of Ontario. This dramatically limits not only attempts to preserve social programs and infrastructure, but basically makes it impossible to expand them in any meaningful sense. It has also led, in Ontario and across the country, to large increases in the structural debt of many provinces, a fact that is significant as it means that more  money is spent servicing the debt every year, essentially meaning that it is spent paying interest to largely foreign financial concerns as opposed to on services for citizens.

In the case of Ontario, for example, the amount spent servicing the debt is $10.6 billion a year, which is greater than what the province spends on any other single program or service, like welfare or transit, other than health and education.

After two decades of tax cutting, both the federal and provincial governments have lost billions of dollars of revenue.  By 2009, tax cuts under both Liberal and Conservative governments since 1995 had deprived the federal treasury of about $50 billion annually.  We need to restore the fiscal capacity of the state to pay for welfare state measures and much needed public investments.  In the current context, calls for "tax relief" -- even if ostensibly from the Left -- are dangerous and wrong.

The Canadian Centre for Policy Alternatives, in its Alternative Budget noted that raising the top federal income tax rate from 29 per cent to 35 per cent for those earning $250,000 or more would yield about $3 billion annually.  A Financial Transactions Tax would raise $4 billion, while an inheritance tax on very large estates would yield $1.5 billion.   Closing tax loopholes -- including by taxing capital gains at the same rate as wage and salary income and by cracking down on tax havens -- would bring in about $10 billion.  Erin Weir notes that raising the corporate tax rate to 19.5 per cent would raise $7-8 billion; restoring the 22 per cent corporate tax rate would raise $11-12 billion.  All of these are worthy proposals that should be adopted.

Yet we should not be under the illusion that these tax proposals -- or even stiffer ones -- on "people we don’t know" -- would restore the fiscal capacity of the state that has been undermined over two decades of neoliberalism, let alone allow the state to provide "tax relief" to the "middle class or entirely do away with consumption taxes such as the GST.   It has been long understood that consumption taxes are an excellent way of raising revenue, and provide a more steady revenue stream to the treasury than taxation on income, which fluctuates during economic downturns.  According to the Parliamentary Budget Officer, each percentage point cut to the GST costs the federal government $7 billion annually; Harper’s GST cut alone thus costs the federal government $14 billion annually.
Looking in comparative perspective, there is a strong correlation between direct spending and equality; countries with higher taxation are more equal. It is for this reason, that it is important to recognize not only the redistributive function of taxation, but also its role in financing welfare states and providing benefits that fall to low-income and dependent workers.  Taxation as a percentage of GDP in Canada in 2011 was 31 per cent, below the OCED average of 33.8 per cent.  This was far below that of Sweden (44.5  per cent) and Denmark (48.1 per cent), though ahead of the U.S. (25.1 per cent).

As Hugh Mackenzie notes: "Nations that have the most highly developed systems of public services pay for them with all kinds of taxes, including sales taxes and payroll taxes that everyone contributes to because everyone knows there is no such thing as a free lunch."

The Nordic countries of Sweden, Denmark and Norway all have a Value Added Tax (VAT) of around 25%, far higher than the GST/HST, which finances the welfare state.  The Nordic model is notable for its reliance on transfers, which do the heavy lifting in terms of countering inequality.  While personal income taxes are higher than in Canada, they also pay much higher levels of consumption and payroll taxes.  Yet the net impact of the tax-and-transfer system is progressive. Rather massively so. In part, this is for the obvious reason that because the affluent spend more, the net impact of consumption taxes are progressive if they are spent on human need.

Indeed, the redistributive power of public spending -- on healthcare, education, pensions and an array of other public services -- should not be ignored.  A CCPA report, Canada’s Quiet Bargain, found that more than two thirds of Canadian households receive more than 50 per cent of their income in public services, a far better deal than the market and far more than they pay in taxes. This was even more true before the tax-cutting mania of the past two decades.

The taxation of private consumption can fund the provision of public goods (such as parks, public transit, public housing, etc.) that are more ecological than private goods. Furthermore, public goods provision has the effect of decommodification which is as important as progressive taxation in terms of moving toward socialist relations in capitalist societies.

Beyond this there is the basic morality of attempting to put a break on consumption. Whenever one speaks of obviously environmentally or socially beneficial taxes or revenue tools like taxing gas or fuel consumption or whenever one opposes populist campaigns to cut them, some on the left will talk of examples of how "ordinary people" cannot afford to pay them. Even when this is true, there are many other means, such as rebates, to rectify the impact on those who are genuinely harmed by such taxes.

But what they never talk about are the wealthy homeowners who will get gas tax cuts, the reckless or irresponsible users of cars or air conditioning or home heating who will get tax cuts, or the reality that if we wish to alter social behaviour and to change patterns of consumption, taxing behaviour that is environmentally destructive or anti-social in its implications is not regressive at all. It is one of the primary goals of socialist politics to shift society away from the wanton or reckless behaviour of not only corporations, but also the consumerist society that they have manufactured. This is simply impossible in any meaningful way without altering the behaviour of consumers, especially those whose consumption patterns reflect their higher incomes.

The state has a fundamentally important role to play in shifting patterns of behaviour through taxation, and when shifting people out of cars, or encouraging them to consume less gas, electricity, water and other resources, the progressive nature of implementing disincentives is clear. This is even more clear if these taxes and revenue streams are tied directly to social goals like mass transit expansion.

Our consumerist society is highly destructive and the patterns of consumption it has created are both unsustainable and morally wrong given the consequences to the planet and the disparities that exist in consumption globally. It will not be changed by goodwill. Next time anyone proposes blanket tax cuts to home heating or opposes taxing car use, ask yourself about how progressive it really is to give a tax break to heating millionaire's mansions, or to oppose encouraging car pooling or making sure that the person driving that empty SUV might be made to think again if fuel taxes are high.

Cutting consumption taxes on these fronts especially amounts to little more than revenue depleting, environmentally negative proposals  that are boutique policy gifts and handouts to the upper middle and upper classes.

In terms of generating the revenue that will allow for the possibility of real social democratic governance and that will give the state the resources needed to implement a social agenda that will directly benefit the overwhelming majority of citizens, the "progressive" necessity is very clear.
Higher taxes in all forms.

The restoration of the GST to 7 per cent alone would significantly offset the cuts to the public sector. Further increases to the tax are essential components to the improvement and expansion of public services. Transfers to lower-income households must be significantly increased as well.  We should fight for a return to more progressive taxation, and begin with calls for higher taxes on capital and on wealthy individuals.  Given the more inegalitarian income distribution in Canada as compared to the Nordic countries, the progressive income tax needs to play a greater role in the tax mix.  We welcome, for instance, the call by Linda McQuaig and Neil Brooks for combined federal-provincial income tax rates of 60% and 70% on incomes over $500,000 and $2.5 million, as proposed in their book The Trouble With Billionaires.


We would propose the reversal of all income, corporate and sales tax cuts that have been implemented in the last 20 years. We would further propose the expansion of taxes on fossil fuel, natural gas and electricity consumption, as well as on cars and their usage, with an extensive rebate program to offset the impact on actually lower income citizens.  For instance, a progressive carbon tax could be designed so the bottom 50 percent of households would be net beneficiaries, where 80 percent of households would receive at least some credit and the most affluent 20 per cent that have the biggest impact would pay the most.We would also favour revenue generating tools like heavily taxing luxury goods.

Altogether these proposals would generate tens of billions of dollars in extra revenue annually for the government.

We would suggest that this be used to build, to start, a national daycare program, a national housing strategy, free pharmacare, eye care & dental programs through transfers and incentives to the provinces, an anti-poverty strategy, a public transit infrastructure campaign and a transition to a 'green' economy as well as to reassert the state's role in the economy and in social justice in the many other ways that having these resources would allow.

As leftists we can fantasize about a coming revolution that will make taxation unnecessary and wipe away the state altogether.  At the other end we can pretend that relatively minor tax increases on small groups of people or on corporations will solve everything like manna from heaven.

Or we can grow up.

Part Three: The fallacy of corporate taxes in a neo-liberal context

"Make the corporations pay!"

It is a slogan that sounds good, and with which I would fully agree, under conditions where "corporations," or, more accurately, those who control them, were actually paying. But this is not the case in the debate in Canada today where many on the left are falsely proclaiming corporate taxes as an alternative to increasing personal taxes, even on the wealthy, and seem to display little understanding that corporate tax rates have nothing at all to do with inequality socially and are not at all a tax on wealth or the wealthy.

When Thomas Mulcair juxtaposes his "plan" to increase corporate taxes as a "progressive" alternative to Toronto-Centre candidate Linda McQuaig's previously stated notion that taxes should be increased as well on Canada's wealthiest individuals, he is fundamentally juxtaposing McQuaig's plan that might accomplish something to a plan that will accomplish absolutely nothing.

The essential fallacy of mythologizing corporate taxes in the present context lies in the fact that, unless you agree with the U.S. Supreme Court, corporations are not people. By definition, if government taxes a corporation, ultimately some individuals, somewhere, pay the bill. Corporations cannot pay anything, any more than a house you own pays its own property tax. Given that corporations can, will and must extract the money to pay their tax bills any number of ways, from increasing prices, to attempting to force down worker wages and benefits, to finding creative ways to reduce nominal profit (which includes actually increasing CEO salaries or privileges, which are a "cost"), in the absence of a campaign to dramatically increase personal taxes on the managerial and CEO class of corporations or to re-adjust social power relations through the threat of socialization of assets and/or price controls, the net effect of corporate taxes, in terms of income levelling, will often  be either zero or regressive.

It sounds radical, and is therefore appealing to centrists who wish to nominally appear radical, but its impact on inequality is essentially non-existent for the very simple reason that inequality is driven by disparities in the incomes that exist between individuals. Inequality is facilitated by corporations and corporate actions, but it is manifested in the difference between people and people alone.

This exact inequality exists within corporations themselves. Corporations are comprised, as a general rule, of workers, managers and upper management. Given the nature of the capitalist economy, the way corporations will seek to lessen the impact of higher taxation will not be at the expense of their CEOs.

It is not corporations who own multiple mansions, live lavish lifestyles or indulge in tremendous decadence, it is wealthy people who do so. The disparity between rich and poor is not between rich and poor companies, but rather between rich people and those living working-class lifestyles or those actually living in poverty.

Taxes on corporations, in isolation, separated from higher tax rates on the wealthy individuals who own, profit from and run the corporations, act as little more than waypoints to collecting taxes on corporate workers or customers.

"Progressive" politicians, New Democrats, Liberals and Democrats alike, like the corporate tax narrative when it suits them precisely because it does not threaten any actual people at all, whether it is Galen Weston or one of his Loblaws cashiers. They can claim to be holding the banner of redistributive justice high. To be defending the mythical "99 percent."

Yet these taxes can only have an impact on inequality if you assume, barring personal tax increases, that corporations will pass the "costs" of higher taxes along, out of a sense of social justice, to their corporate boardrooms. This is, frankly, a counterintuitive and bizarre assumption for leftists to make.
They will not. They will, as they always do, make their workers pay.

We need to move beyond the false narrative of so-called "corporate taxes" as a solution under capitalism and, instead, to advocate for both a dramatic increase in personal taxes on the wealthy and the upper middle class with a corresponding fight to socialize corporate assets. We need to tie this to an entrenchment of union and workers' rights and democratization of the economy.

It is time to actually make those who benefit from the corporations pay. By higher taxes on capital gains, by higher income taxes on the wealthy and managerial class, by inheritance taxes, by expanding the legal rights and powers of workers.

By advancing expropriation and radically new ownership models.

Until then, when it comes to understanding how to tackle income inequality and its consequences, it is the pre-by-election Linda McQuaig who was right and it is the desperate-for-power NDP leader Thomas Mulcair who is wrong.

Thursday, November 14, 2013

The myth of the leftist, feminist, anti-racist, elitist

This article was published on Feminist Current

In an act of what has to be acknowledged as tremendous, though in some respects entirely typical, rich famous male hubris,  Joss Whedon, of comic book and Buffy the Vampire Slayer note, recently gave a talk in which he proclaimed that feminism is a term that he objects to and that he feels should be replaced because, in essence, he does not like it. He does not like it because it is supposedly at variance with his idea that equality already exists as a “natural condition” or for some pseudo-philosophical reasons that are never really clear other than that, frankly, they are rather silly, it must be noted,  coming from a man.

The sheer idiocy of a wealthy straight male (or any male of any kind) telling women how they should frame the language of their own liberation movement, however, did not prevent large numbers of liberal men (and, of course, some women) like CBC Toronto’s Metro Morning host Matt Galloway on air, from gushing over it, thrilled, apparently, to see yet another in a long line of alleged male “feminists” talking down to women about just what it is that they are doing “wrong” that men could tell them how to do better.

Like abandoning the very term feminism for starters.

This would all be Buffy-style darkly humorous were it not for the fact that it is indicative of a far broader problem within both the left and society as a whole.

The problem being that, somehow, the notion has arisen that not only are the people living oppression, like women under Patriarchy, not allowed to frame their own discourse without condescension from those who are actually members of the oppressive group socially, historically and right now, but also that people in struggle for liberation against injustice and fighting systemic oppression are regularly labeled as “elitist” or as part of an “Ivory Tower” for doing so.

Often such resistance is called out as “purity” and as an example of “identity politics” that, apparently, indicates that one is an “intellectual” or “academic” who is out of touch with all of those supposed “salt-of-the-earth” leftists.

There are few better examples than the sad and extreme exuberance and exultation that greeted the BBC interview with Russell Brand that some heralded, rather farcically, as the start of a new social discourse or revolution; a notion so facile that it can only be a comment on the left’s desperation that it would actually be believed by anyone.

Russell Brand is at least as misogynist in his personal conduct as rape anthem “star” Robin Thicke, if not worse in every meaningful real world way, but apparently, for some, making a quasi revolutionary rant on the BBC (that the BBC then promptly shared everywhere, of course) absolves one of having to be held accountable for it.

This is an odd version of leftism.

When, entirely rightly, feminist activists and others pointed out that the notion that one should take inspiration from the ranting of a well established misogynist with a long history of ugly, exploitative and violent behaviour towards women, (by his own acknowledgment), is highly problematic, they were often met with the standard line that they were being “elitist”, “putting identity first” or that they were exhibiting what was an example of “posh” leftism, as if any such thing actually exists.

This came from many of the usual suspects of sexist “leftism”, the allegedly revolutionary exponents of the tired old “class first” line, for example, but it was inherently ridiculous given that they were defending the rather minor, in political terms, outburst of a rich, abusive and atrociously self-indulgent white male that was then widely and wildly promoted by the very media that he had supposedly “bested” and called out on his way to a gig as guest editor of the New Statesman! If it is “elitist” to identify, question and condemn behaviour and opinion like Brand’s towards women, behaviour that reflects centuries of oppressive and violent entitlement and social power, and if it is allegedly counter to the interests of the “left” to do so, then there really is no left.

This is hardly an isolated example. Regularly one hears from pundits and politicians, and certainly not only those on the right, that any number of people are now part of the “elite”. Variously unions, anti-poverty activists, anti-racist activists, people of colour, First Nations and aboriginal peoples, LGBT groups, women and feminists are all commonly described as “special interest” groups, despite the obviously reactionary background to this.

It turns actual elitism on its head.

This is going on, right now, with the entire Rob Ford fiasco (the misreading of which by the Left deserves to be the focus of an entirely separate article from this one). Even here we find not only the right but also many leftists framing the Ford phenomenon as a revolt against “elites”; a notion that is demonstrably false. Never mind that his abusive behaviour to women is constantly overshadowed and even ignored in the discourse.

There are very real elites. Industrial, financial and commercial capitalists are an elite. Hollywood stars, comedians, sports players, etc., are certainly an elite and an almost neo-feudal one in the way that they are fawned over by sycophantic “handlers” and servants. The capitalist managerial class and professional upper middle class, including large numbers of the so-called 99%, are an elite. There are others. Never mind whites and men, the beneficiaries of centuries, and sometimes millennia, of systemic privilege, acknowledged and unacknowledged, spoken or otherwise.

A generation ago, as a part of their assault on the gains of working people, women, people of colour, the LGBT community and others, the reactionary right created all of the terms like “Champagne Socialist” or “latte drinker” that are tossed about in an attempt to turn social relations around and make out leftists, feminists and community activists and liberation theories and movements as the new elites. They made it seem as if talking about the injustices and consequences of systemic oppression was an academic exercise or a function of “privilege”.

It is not. Misogyny, racism, homophobia and poverty are a violent and oppressive reality every single day. These institutions of oppression abuse, violate and kill women, people living in poverty, aboriginal and First Nations peoples and members of the LGBT community daily. They cause tremendous and demonstrable inequality and suffering in the lives of real people. They are not an abstraction, and, unlike Mayor Ford in Toronto, for example, people living under the weight of these oppressions are often not given first chances, let alone second ones.

It is bad enough that these views and terms are to be found within society and the forces of reaction. It is even worse that we use these arguments and terms ourselves in our debates and disagreements within the left. Instead of exposing and combatting institutionalized oppression within our own leftist movements, when using this language or logic of reaction activists who do allow them to continue without being confronted  and minimize their fundamental importance to the struggle for human liberation. Far from “distracting” from the struggle, you cannot have a radical socialist agenda of any meaning without taking a radical stance against all of these oppressions.

No matter what disagreements leftists may have, it is not elitist to fight racism, misogyny or homophobia. It is not elitist to stand for union or worker’s rights. It is not elitist to acknowledge systemic oppression or injustice.

In reality there is no such thing as a leftist or anti-oppression “elitism”. It is a right wing myth.