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Trudeau government has adopted dozens of secret cabinet orders since coming to power – CBC News

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Prime Minister Justin Trudeau’s government has adopted 72 secret orders-in-council — hidden from Parliament and Canadians — since coming to office, CBC News has learned.

A review by CBC News of nearly 8,900 orders-in-council (OICs) — or cabinet decrees — adopted by the federal government shows the number of secret or unpublished OICs has been rising since Trudeau came to power in 2015.

The only outside indication that a secret OIC even exists is a missing number in the Privy Council’s orders-in-council database. OICs have a wide range of applications, from stopping a foreign company from buying a Canadian business to outlining who is authorized to give the order to shoot down a commercial airliner hijacked by terrorists.

More than half of the secret orders-in-council adopted by the Trudeau government have arrived since April 2020, a month after the COVID-19 pandemic began. Eleven have been adopted so far this year.

While the Liberals criticized the Conservatives in 2015 for the number of secret OICs they adopted, Trudeau’s government has adopted more than twice as many over its years in office.

The Trudeau government adopted five secret orders-in-council in 2016, seven in 2017, eight in 2018 and 12 in 2019. It adopted none in 2015. The number of new secret OICs spiked at 21 in 2020 before dropping to eight in 2021.

The four secret OIC’s adopted in 2015 were adopted by Prime Minister Stephen Harper’s government.

The government can cite a small number of reasons for exempting an order-in-council from publication — such as national security or military operations, or because the OIC in question is related to national security reviews of proposed foreign investments in Canadian companies.

Fuel for conspiracy theories

Opposition critics say there can be legitimate reasons for adopting secret OICs — but they’re concerned by the large number of them adopted by the Trudeau government. They say they also fear that the government’s refusal to reveal anything about the secret OICs could fuel misinformation or conspiracy theories.

Some of the secret OICs were adopted under the Investment Canada Act. It allows the government to avoid publishing cabinet orders related to national security reviews of certain transactions, such as a foreign company’s purchase of a Canadian business.

Laurie Bouchard, spokesperson for Industry Minister François-Philippe Champagne, said 32 of the secret OICs adopted between November 2015 — when the Trudeau government came to power — and March 31, 2021 were related to the Investment Canada Act.

The government adopted 55 secret OICs during that time period.

Bouchard said the number of secret OICs specifically related to the Investment Canada Act is not yet available for the period of March 31, 2021 to the present. During that period, the government adopted 17 secret orders-in-council.

Prime Minister Stephen Harper answers a question during question period in the House of Commons in Ottawa on Tuesday, June 2, 2015. (Sean Kilpatrick/The Canadian Press)

During a six-year period under former Prime Minister Stephen Harper, eight secret orders-in-council were introduced that were related to the Investment Canada Act, said Bouchard. During that period — April 1, 2009 to March 31, 2015 — the Harper government adopted 22 secret orders-in-council.

But the Investment Canada Act would only explain a portion of the secret OICs that have been adopted.

The Privy Council has refused to release at least two of the secret OICs adopted this year, citing a section of federal access to information law that allows the government to keep secret documents which, if revealed, “could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, or the detection, prevention or suppression of subversive or hostile activities.”

One of those two OICs was adopted between Jan. 28 and Feb. 1, 2022. The second was adopted on Feb. 18.

Police officers push back protesters in front of the Senate of Canada building on Friday, Feb. 18, 2022. (Evan Mitsui/CBC)

The first of those two OICs was adopted around the time the convoy protest began to occupy downtown Ottawa. The second was adopted as police began arresting protest leaders and were about to launch an operation to clear protesters from the streets.

That second secret OIC also appeared a few days before Russia invaded Ukraine on Feb. 24. COVID-19 was also continuing to spread at the time.

The Privy Council Office refused to reveal any details of the OICs or their subjects.

Ukrainian President Volodymyr Zelensky greets Prime Minister Justin Trudeau as the two leaders arrive for a joint press conference in Kyiv on May 8, 2022. (Sergei Supinsky/AFP/Getty Images)

Four more secret orders-in-council were adopted around May 6 — the day before Trudeau’s surprise trip to Ukraine. The one OIC in that sequence that was published added Russian individuals and entities to Canada’s sanctions list.

The Prime Minister’s Office won’t say whether those OICs were related to the conflict in Ukraine.

The five remaining secret OICs of 2022 were adopted between March and May.

Privy Council won’t say why orders were kept secret

Beyond revealing that two orders-in-council were being kept secret under access to information law, the Privy Council refuses to explain the grounds used to justify keeping secret the other unpublished OICs, or to say whether any of the secret OICs are related to the COVID-19 pandemic or renewals of previous orders.

The Privy Council Office said in a media statement that it believes in transparency.

“The number of orders that either are, or are not, published in any given year is not a proxy measure for transparency of government,” PCO spokesperson Pierre-Alain Bujold said in the statement.

“That is because the legislative, socio-economic and national security context evolves and changes significantly year over year.”

Normally, orders-in-council are published on a Privy Council website where Canadians and parliamentarians can see them. But an exception can be made for OICs that meet a very narrow list of conditions that allow them to remain unpublished or secret.

Britain’s Prince Charles shakes hands with Governor General Mary Simon in Ottawa on May 18, 2022. Because the Governor General can sign a secret order-in-council that has been signed by only four cabinet ministers, some members of cabinet might not know about them. (Carlos Osorio/Reuters)

Some cabinet ministers may not even know about them. While OICs must be signed by the Governor General, convention states that only four members of cabinet have to sign the documents first.

Former Privy Council officials say OICs are supposed to be kept secret only in rare circumstances because publicity is the only real check on their use.

In 2015, Privy Council officials said secret orders-in-council were being kept in a safe, separate from other OICs, and cabinet ministers were only being briefed on them in rooms that had no wireless access.

Privy Council officials now refuse to confirm whether those same security measures are still in place.

A review by CBC News of secret orders-in-council since 2002 found none adopted in 2002 or 2003 under then-prime minister Jean Chrétien, while three were adopted in 2004 and 2005 under then-prime minister Paul Martin.

Secret orders-in-council were rare under the government of Paul Martin. (Tom Hanson/The Canadian Press)

That number began to rise under Prime Minister Stephen Harper, fuelled in part by provisions adopted in 2009 requiring that OICs stemming from national security reviews under the Investment Canada Act be left unpublished.

During its nine years in office, the Harper government adopted 29 secret orders-in-council.

Conservative foreign affairs critic Michael Chong said Trudeau promised a more open and accountable government.

“While unpublished orders-in-council are sometimes necessary, the number of unpublished orders-in-council under this government raises concerns,” he said. “It’s incumbent on the government to provide a more detailed explanation of why the number of unpublished orders-in-council [has] increased.”

Conservative foreign affairs critic Michael Chong says he wants to know why the number of secret orders-in-council has increased under the Trudeau government. (Joe Fiorino/CBC)

NDP ethics critic Matthew Green questioned why Canada doesn’t have an arms-length, third party non-partisan review of orders-in-council.

“There is a growing propensity of this government to have everything be categorized as national security,” said Green.

Green Party Parliamentary Leader Elizabeth May said she was surprised by the number of secret OICs — particularly given the cooperation between the government and opposition parties to adopt emergency measures at the outset of the pandemic.

May said the government should give Canadians some indication of why an order-in-council has to be secret.

“I think they should provide a general descriptor if they’re not going to make an order-in-council public, say that this is a national security concern involving our use of the such-and-such act,” May said.

“But to have that many orders-in-council … without any indication as to what they were is not transparency.”

Three secret Harper government OICs unveiled

While the Trudeau government’s 72 secret orders-in-council remain cloaked in secrecy, the subjects of three of the Harper government’s secret OICs are known.

In 2017, the Department of National Defence accidentally released improperly redacted briefing records for the chief of defence staff to CBC News. It revealed that Order in Council 2010-0192, adopted between Feb. 11 and Feb. 16, 2010, was related to NORAD’s Operation Noble Eagle. It outlined who was authorized to give the order to shoot down a commercial airliner in the event of a terrorist air attack.

Order in Council 2010-1639, adopted sometime between Dec. 23 and 31, 2010, authorized the military to assist law enforcement agencies such as the RCMP in the event of “a more traditional hijacking scenario where a disgruntled individual may want to take out his aggressions on a company headquarters or specific person(s), or even the government.”

Order in Council 2015-1070 blocked a Chinese company, O-Net Communications, from buying the Montreal-area company ITF Technologies. O-Net filed for a judicial review in Federal Court, which granted the application. O-Net Communications now owns ITF Technologies.

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Indonesia swears in Prabowo Subianto as the country’s eighth president

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JAKARTA, Indonesia (AP) — Prabowo Subianto was inaugurated Sunday as the eighth president of the world’s most populous Muslim-majority nation, completing his journey from an ex-general accused of rights abuses during the dark days of Indonesia’s military dictatorship to the presidential palace.

The former defense minister, who turned 73 on Thursday, was cheered through the streets by thousands of waving supporters after taking his oath on the Quran, the Muslim holy book, in front of lawmakers and foreign dignitaries. Banners and billboards to welcome the new president filled the streets of the capital, Jakarta, where tens of thousands gathered for festivities including speeches and musical performances along the city’s major throughfare.

Subianto was a longtime rival of the immensely popular President Joko Widodo, who ran against him for the presidency twice and refused to accept his defeat on both occasions, in 2014 and 2019.

But Widodo appointed Subianto as defense chief after his reelection, paving the way for an alliance despite their rival political parties. During the campaign, Subianto ran as the popular outgoing president’s heir, vowing to continue signature policies like the construction of a multibillion-dollar new capital city and limits on exporting raw materials intended to boost domestic industry.

Backed by Widodo, Subianto swept to a landslide victory in February’s direct presidential election on promises of policy continuity.

Subianto was sworn in with his new vice president, 37-year-old Surakarta ex-Mayor Gibran Rakabuming Raka. He chose Raka, who is Widodo’s son, as his running mate, with Widodo favoring Subianto over the candidate of his own former party. The former rivals became tacit allies, even though Indonesian presidents don’t typically endorse candidates.

But how he’ll govern the biggest economy in Southeast Asia — where nearly 90% of Indonesia’s 282 million people are Muslims — remains uncertain after a campaign in which he made few concrete promises besides continuity with the popular former president.

Subianto, who comes from one of the country’s wealthiest families, is a sharp contrast to Widodo, the first Indonesian president to emerge from outside the political and military elite who came from a humble background and as president often mingled with working-class crowds.

Subianto was a special forces commander until he was expelled by the army in 1998 over accusations that he played a role in the kidnappings and torture of activists and other abuses. He never faced trial and went into self-imposed exile in Jordan in 1998, although several of his underlings were tried and convicted.

Jordanian King Abdullah II bin Al-Hussein was expected to attend Sunday’s ceremony, but canceled at the last minute because of escalating Middle East tensions, instead deciding to send Foreign Affairs Minister Nancy Namrouqa as his special envoy. Subianto and Abdullah met in person in June for talks in Amman on humanitarian assistance to people affected by the war in Gaza.

Subianto, who has never held elective office, will lead a massive, diverse archipelago nation whose economy has boomed amid strong global demand for its natural resources. But he’ll have to contend with global economic distress and regional tensions in Asia, where territorial conflicts and the United States-China rivalry loom large.

Leaders and senior officials from more than 30 countries flew in to attend the ceremony, including Chinese Vice President Han Zheng and leaders of Southeast Asia countries. U.S. President Joe Biden sent Linda Thomas-Greenfield, the U.S. ambassador to the United Nations. Adm. Samuel Paparo, the U.S. Commander of the Indo-Pacific Command, was also among the American delegation.

Army troops and police, along with armored vehicles, fire trucks and ambulances, were deployed across the capital, and major roads were closed to secure the swearing-in.

The election outcome capped a long comeback for Subianto, who was banned for years from traveling to the United States and Australia.

He has vowed to continue Widodo’s modernization efforts, which have boosted Indonesia’s economic growth by building infrastructure and leveraging the country’s abundant resources. A signature policy required nickel, a major Indonesian export and a key component of electric car batteries, to be processed in local factories rather than exported raw.

He has also promised to push through Widodo’s most ambitious and controversial project: the construction of a new capital on Borneo, about 2,000 kilometers (1,240 miles) away from congested Jakarta.

Before February’s presidential election, he also promised to provide free school lunches and milk to 78.5 million students at more than 400,000 schools across the country, aiming to reduce malnutrition and stunted growth among children.

Indonesia is a bastion of democracy in Southeast Asia, a diverse and economically bustling region of authoritarian governments, police states and nascent democracies. After decades of dictatorship under President Suharto, the country was convulsed by political, ethnic and religious unrest in the late 1990s and early 2000s. Since then, it has consolidated its democratic transition as the world’s third-largest democracy, and is home to a rapidly expanding middle class.

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Associated Press journalists Edna Tarigan and Andi Jatmiko contributed to this report.

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Voters in Arizona and Nebraska will face competing ballot measures. What happens if they both pass?

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Voters in Nebraska and Arizona will see competing measures on their November ballots — in one case about abortion, in the other about primary elections. If voters approve them all, what happens next could be up to the courts to decide.

Like more than a dozen other states, Arizona and Nebraska have constitutions stating that if two or more conflicting ballot measures are approved at the same election, the measure receiving the most affirmative votes prevails.

That sounds simple. But it’s actually a bit more complicated.

That’s because the Arizona and Nebraska constitutions apply the most-votes rule to the specifically conflicting provisions within each measure — opening the door to legal challenges in which a court must decide which provisions conflict and whether some parts of each measure can take effect.

The scenario may may sound odd. But it’s not unheard of.

Conflicting ballot measures “arise frequently enough, and the highest-vote rule is applied frequently enough that it merits some consideration,” said Michael Gilbert, vice dean of the University of Virginia School of Law, who analyzed conflicting ballot measures as a graduate student two decades ago when his curiosity was peaked by competing measures in California.

What’s going on in Nebraska?

After the U.S. Supreme Court overturned a nationwide right to abortion, Nebraska enacted a law last year prohibiting abortion starting at 12 weeks of pregnancy except in medical emergencies or when pregnancy results from sexual assault or incest.

Abortion-rights supporters gathered initiative signatures for a proposed constitutional amendment that would create “a fundamental right to abortion until fetal viability, or when needed to protect the life or health” of a pregnant woman, without interference from the state. Fetal viability generally is considered to be some time after 20 weeks. The amendment is similar to abortion-rights measures going before voters in eight other states.

Abortion opponents, meanwhile, pursued their own initiative to essentially enshrine the current law into the constitution. That measure would prohibit abortion in the second and third trimesters, except in medical emergencies or pregnancies resulting from sexual assault or incent.

The Nebraska Constitution says the winning measure with the most votes shall become law “as to all conflicting provisions.” State law says the governor shall proclaim which provision is paramount. Lawsuits could follow.

If the measure creating a right to abortion until fetal viability gets the most votes, it could be construed as fully conflicting with the restrictive measure and thus prevail in its entirety, said Brandon Johnson, an assistant law professor at the University of Nebraska.

But if the restrictive measure gets the most votes, a court could determine it conflicts with the abortion-rights measure only in the second and third trimesters, Johnson said. That could create a scenario where abortion is elevated as a fundamental right during the first trimester but restricted in the second and third.

“There’s a decent legal argument, based on the language that talks about conflicting provisions of the measures, that you can synchronize the two,” Johnson said.

What’s going on in Arizona?

Arizona, like most states, currently uses partisan primaries to choose candidates for the general election.

The Republican-led Legislature, on a party-line vote, placed an amendment on the November ballot that would enshrine partisan primaries in the state constitution, reaffirming that each party can advance a candidate for each office to the general election.

A citizens initiative seeks to change the current election method. It would create open primaries in which candidates of all parties appear on the same ballot, with multiple candidates advancing to the general election. It would be up to lawmakers or the secretary of state to enact requirements for exactly how many should advance. If at least three make it to a general election, then ranked choice voting would be used to determine the winner of the general election.

The Arizona Constitution says the winning ballot measure with the most votes shall prevail “in all particulars as to which there is conflict.”

In the past, the Arizona Supreme Court has cited that provision to merge parts of competing measures. For example, in 1992, voters approved two amendments dealing with the state mine inspector. One measure extended the term of office from two to four years. The other measure, which got more votes, limited the mine inspector to serving four, two-year terms.

In a case decided 10 years later, the Supreme Court said parts of both measures should take effect, ruling the mine inspector could serve four, four-year terms. That could have implications for Arizona’s future elections if voters approve both competing measures on this year’s ballot.

“The court really goes out of its way to harmonize the two,” said Joseph Kanefield, an attorney and former state election director who teaches election law at the University of Arizona. Striking one measure entirely “is something that the court will try to avoid unless they absolutely determine the two cannot exist together.”

What’s happened in other states?

When Gilbert’s curiosity was peaked about conflicting ballot proposals, he teamed up with a fellow graduate student at the University of California, Berkeley, to examine 56 instances of competing ballot measures in eight states between 1980 and 2006. In some cases, the measures appeared to directly conflict. In others, the measures merely addressed similar topics.

Their research found that the measure getting the most affirmative votes often was the one that made the least change from the status quo.

But sometimes, the highest-vote rule never comes into play, because voters approve one measure while rejecting the other. Or voters defeat both measures.

In 2022, California voters were presented with two rival proposals to legalize sports betting. Interest groups spent roughly $450 million promoting or bashing the proposals, a national record for ballot measures. But both were overwhelmingly defeated.

In 2018, Missouri voters faced three different citizen-initiated proposals to legalize medical marijuana. Voters approved one and rejected two others.

“It is not unusual to have conflicting measures,” said John Matsusaka, executive director of the Initiative and Referendum Institute at the University of Southern California. “But my observation is that voters usually understand the game and approve one and turn down the other.”

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From showgirl feathers to shimmering chandeliers, casino kitsch finds new life

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LAS VEGAS (AP) — Crystal chandeliers that once glimmered above a swanky lounge, bright blue costume feathers that cloaked shimmying showgirls, and fake palm trees that evoked a desert oasis are just some the artifacts making their way from the latest casino graveyards of Las Vegas into Sin City history.

The kitsch comes from the Tropicana, which was demolished in a spectacular implosion Oct. 9 to make room for a new baseball stadium; and from The Mirage, the Strip’s first megaresort, which dealt its last cards in July and is set to reopen as a new casino nearly 40 years after it originally debuted.

As the neon lights dimmed and the final chips were cashed in, a different kind of spectacle unfolded behind the casino doors. Millions of items big and small were meticulously sorted and sold, donated and discarded.

“You take this hotel-casino and you turn it upside down, shake everything out of it until it’s empty,” said Frank Long, whose family business, International Content Liquidations, led the effort to unload the Tropicana’s merchandise before its implosion.

Long, 70, a third-generation auctioneer, likes to say he’s in the business of “going, going, gone.” He jokes that his Ohio home is “decorated in early hotel,” having helped clear out dozens of them as well as casinos across the country. In Las Vegas, that includes the Dunes, Aladdin and Landmark.

“Vegas buyers are special,” Long said. “This is their community, and they want a piece of it.”

Trolling for a piece of history

On a hot day in June, two months after the Tropicana shut its doors, Long welcomed buyers onto the casino floor.

The whirring slot machines were long gone, transferred to other casinos. In their place sat an odd collection of things: desks and chairs, rattan night stands, table lamps, pillows and sofas. Piled high in what was once the high-limit gambling room were mattresses and box springs. Small crystal chandeliers going for $1,000 hung suspended from old luggage carts.

“Fill up your entire truck for 100 bucks,” Long told shoppers, grinning.

Buyers of all ages filled wagons and luggage carts with arm chairs priced at $25, mirrors at $6, floor lamps at $28. Behind red velvet ropes where guests used to check in, customers waiting to pay stood in line with 43-inch flatscreen televisions. One man hugged a mattress and box spring, trying to keep them from toppling over.

In the Tropicana’s vast conference hall, piles of large vintage spotlights labeled “FOLIES” sat in waist-high bins marked for donation. They were off-limits to buyers, destined for the Las Vegas Showgirl Museum.

The Tropicana was home to the city’s longest-running show, “Folies Bergere,” a topless revue imported from Paris. Its nearly 50-year run helped make the feathered showgirl one of the most recognizable Las Vegas icons.

Elvis’ image among the forgotten treasures

One of Long’s favorite parts about the job is sifting through forgotten corners of casinos.

Inside the Tropicana, his team rescued black-and-white photographs of stars who wined, dined and headlined there. His favorite was a candid photo of Elvis Presley found in an unused office.

In its heyday, the casino played host to A-list stars including Elizabeth Taylor and Debbie Reynolds, Frank Sinatra and Sammy Davis Jr.

Long said his people have fun with the job, too. The tedium of collecting several thousand pillows from the Tropicana’s two hotel towers turned into “the world’s biggest pillow fight.”

When Sarah Quigley learned the Tropicana was closing, she knew she needed to act fast if she wanted some of the casino’s historical records for the Special Collections and Archives at the University of Nevada, Las Vegas.

Quigley, director of the special collections, wasn’t the first to call.

But after a meeting with the Tropicana’s management team, UNLV’s special collections acquired five boxes of records from 1956 to 2024, including vintage 1970s ads for the Tropicana’s showroom, old restaurant menus, architectural blueprints and original film reels of the dancing “Folies” showgirls rehearsing in the mid-1970s.

Salvaging the neon Vegas is famed for

The Neon Museum, which rescues iconic Las Vegas signs, got the Tropicana’s red one and The Mirage’s original archway that welcomed guests for 35 years. In a herculean effort, the 30-foot sign was placed on a flatbed truck in August. A chunk of the Strip closed so the piece could be slowly driven to its new home at the museum.

The Mirage opened with a Polynesian theme in 1989, spurring a building boom on the Strip that stretched through the 1990s. Its volcano fountain was one of the first sidewalk attractions, and tourists flocked to the casino to see Cirque du Soleil set to The Beatles or Siegfried and Roy taming white tigers.

In just a few years, the Strip’s skyline will look different. The Mirage will become the Hard Rock Las Vegas in 2027, with a hotel tower shaped like a guitar. The following year, the new baseball stadium is expected to open on the former site of the Tropicana.

While the last of the Tropicana’s buildings came tumbling down in 22 seconds, pieces of the Las Vegas landmark have found a new life in nearby museums, curated collections and homes.

“There’s history here,” said Aaron Berger, executive director of the Neon Museum. “You just have to look past the glitter to find it.”

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Associated Press video journalist Ty O’Neil in Las Vegas contributed to this report.

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