Roundup: A wake-up call on court complacency

The Senate’s legal and constitutional affairs committee released their report on judicial delays yesterday, and while I haven’t made it through the whole report yet, I will say that the highlights are pretty eye-opening.

While you may think that the issue of judicial vacancies is top of mind, it’s actually the culture of complacency that has infected the court system, with inefficient processes, poor case management, an unwillingness by some judges to take their peers to task for granting repeated adjournments, and the list goes on. Yes, judicial vacancies are in there, and this government has excelled in delays for all manner of appointments (witness the backlog of nominations for Officers of Parliament, for example). It’s part of what the Supreme Court of Canada was hoping to get at with the Jordan decision (and may refine that somewhat more with the upcoming decision on Friday), but it’s clear that a lot of processes need to change.

I know there has been some work done, and I’ve written a bit about things like the move to do more summary judgments in some cases rather than going to full trial, and it can work. I just wrote a story last week where it did, and the biggest delay in the case was getting an actual hearing date. But some of the bigger problems remain structural, with things like inadequate mental health services that wind up processing these people through the courts rather than getting them proper treatment, or not having culturally appropriate services for Indigenous offenders which would do more to address their concerns and keep them from recidivism rather than keeping them cycling through the system (or out of jail entirely). Things like legal aid funding are also important to the smooth operation of the system, but one has to wonder if it’s not just giving the court system more resources, but also better drafting laws so that we deal with crime in a better way rather than just trying to look tough on the issues.

Anyway, what I’ve read so far looks good and resonates with what I’ve heard in my own justice reporting, so maybe, just maybe, this government can take some of the recommendations seriously and not just thank them, promise to consult further, and put it on a shelf.

(Incidentally, Christie Blatchford, who covers a lot of trials, is full of praise for the report).

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QP: Carbon taxes and foreign takeovers

On a sweltering day in Ottawa, things carried on as usual in the House of Commons. Andrew Scheer led off, railing about carbon taxes killing the manufacturing sector, never mind that in his Ontario example, it was a provincial carbon price. Justin Trudeau hit back with jibes that it was good to see that most of the aconservaties believed in the Paris Accords and that carbon pricing was good for the market. Scheer groused that they would meet the targets without a carbon price, before moving onto the Norsat sale and lack of a comprehensive security screening. Trudeau reminded him that they took the advice of national security agencies. Scheer took a second kick, needling that Trudeau admired Chinese dictatorship too much to care about national security, and Trudeau lashed back that partisan jibes like that were unworthy of this place. Denis Lebel was up next, demanding a non-partisan process to appoint parliamentary watchdogs, and Trudeau noted their new appointments and rattled off some of the diversity of the new reports. Lebel tried again in English, and got the same answer. Thomas Mulcair was up next, asking if the Der Spiegel article was true that the government was backing away from climate goals at the G20. Trudeau insisted that they have been climate leaders and pointed to examples. Mulcair pressed, and Trudeau was unequivocal that he did not say what was in the article. Mulcair then turned to the issue of court cases involving First Nations children and dialled up the sanctimony to 11, and Trudeau noted the memorandum of understanding he signed with the AFN this morning about moving forward on steps. Mulcair demanded that the NDP bill on UNDRIP be adopted, but Trudeau insisted they were moving forward in consultation (never mind that said bill is almost certainly of dubious constitutionality).

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Roundup: NDP catch the Corbynite smugness

It was a bit odd, yesterday, watching NDP MP Erin Weir stand up before Question Period to offer congratulations to UK Labour leader Jeremy Corbyn on his “success” during this week’s election, considering that Corbyn lost. Weir considered it an inspiration to their own leadership candidates, each of whom also offered variations thereof over social media. (Andrew Scheer, for the record, also tweeted encouragement to Theresa May for “strong stable leadership” – a veritable echo of Stephen Harper’s 2011 campaign slogan – only to see May’s fortunes crumble).

Of course, this NDP praise of Corbyn ignores the context in which he “won” (by which we mean lost) this week, and that was that Labour’s share of the vote and seat count went up in spite of Corbyn’s leadership and not because of it. Why? Because he’s been an absolute disaster as a party leader, and an even bigger disaster as opposition leader, and in many instances couldn’t even be bothered to do his job in trying to hold the government to account on matters of supply – an appalling dereliction of duty. And this is without getting into Corbyn’s record of being a terrorist sympathizer, someone who took money from Iran’s propaganda networks and whose activist base has a disturbing tendency to anti-Semitism.

Nevertheless, this “success” of Corbyn’s (and by “success” we mean he lost), Twitter was full of mystifying smugness from hard left-wing types, insisting that it meant that Bernie Sanders would have won the general election (never mind that he couldn’t even win the primaries). Yes, the fact that Corbyn managed to motivate the youth vote is something that will need study in the weeks to come, I’m not sure that we can discount the fact that there is a certain naïveté with the youth response to his manifesto promises that was full of holes, and there was a youth response to Sanders as well, which some have attributed to the “authenticity” of his being a political survivor. Can this translate into a mass movement? I have my doubts.

The smugness around his “win” (which, was in fact a loss) however, is a bit reminiscent of the NDP in 2011 when they “won” Official Opposition, and were similarly smug beyond all comprehension about it (so much so that they were going out of their way to break traditions and conventions around things like office spaces in the Centre Block to rub the Liberals’ noses in it). That we’re seeing more of this smugness around a loss make a return is yet another curiosity that I’m not sure I will ever understand.

This all having been said, here’s Colby Cosh talking about what lessons the UK election may have for Canada, including the desire to export brand-Corbyn globally.

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QP: Rage over $2000 worth of cardboard

With the weather finally taking a turn for the better, and the floodwaters across the river receding, things in the House of Commons carried on in the usual fashion. Rona Ambrose led off, wondering why the Infrastructure Investment Bank was necessary. Trudeau pointed out how they had consulted widely on the Bank, and that it was going to be helpful for growth. Ambrose called it a vanity project to help Bay Street and Wall Street friends, and made a dig about Broadway tickets along the way, and Trudeau reiterated the points about the need for infrastructure projects like the Bank would help provide. Ambrose brought up potential conflicts with the Bank, and Trudeau rebuffed by slagging off the previous government’s underfunding of infrastructure. Ambrose took another dig at the Broadway tickets, and Trudeau expounded on how great and important the play “Come From Away” is. For her final question, Ambrose asked about the government ordering cardboard cutouts of the PM — and made a bunch of lame puns along the way — and Trudeau said that individual missions abroad make their own decisions. Thomas Mulcair was up next, worried that the government hadn’t spelled out how private investors in the Infrastructure Bank would profit from their infrastructure. Trudeau talked about the great things that the Bank could invest in, but didn’t specify that there would be tolls on everything. Mulcair wondered how the Liberals would have reacted if the Conservatives promoted the idea, and Trudeau insisted that they consulted widely on the Bank, not just hedge funds. Mulcair changed topics and worried about tech stories that it was Jared Kushner who reached out to Trudeau to convince President Trump not to rip up NAFTA. Trudeau reassured him that they were working to strengthen trade and relations with the Americans. Mulcair went onto suggest that Trudeau was taking orders from Kushner, and Trudeau insisted that he was doing everything he could to resolve issues like softwood.

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QP: Questionable claims about Sajjan

For Star Wars Day (“May the 4th be with you”), it was unfortunate that the prime minister was absent, as he was busy meeting his Irish counterpart in Montreal.

Rona Ambrose led off, reading some sanctimonious disappointment in the defence minister. Harjit Sajjan noted that he apologies, and launched into a sales pitch for his forthcoming defence review.

Ambrose railed that Sajjan behaved like a politician — because that’s what he is — but Sajjan stuck to assurances that he was looking after the troops. Ambrose turned to tax benefits for those serving in Kuwait, and Sajjan said that they would ensure that they would have the necessary benefits owed to them and they were ensuring fair compensation rules were in place. Ambrose accused him of misleading the House on the issue, and Sajjan spoke about fixing the immediate problem, and there was a difference between tax-free benefits and hardship allowance. Ambrose then turned to defence funding, and demanded Sajjan’s resignation. Sajjan said they were putting the Canadian Forces onto a sustainable footing. Ambrose cherry-picked past defence spending of the previous government (ignoring that many of those procurements, like the helicopters, were badly bungled), and Sajjan expounded upon the non-partisan advice they got on the defence file and that they were moving ahead to recapitalise the Forces.

Nathan Cullen led off for the NDP, but when he talked about the government “polishing a turd” of political fundraising, the Speaker was unamused and went to the next name on the list.

That was Alexandre Boulerice who railed about finalising rules, and Karina Gould assured him they were tabling rules for more transparency. Boulerice then railed about handcuffing the PBO, and Bardish Chagger said they were making him more independent but were open to amendments. Cullen was back up to ask the same in English, and Chagger repeated her answer.

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Roundup: Not all omnibus bills are abusive

As if we needed another excuse for the opposition to blow their collective gaskets, the Liberal budget implementation bill clocks in at around 300 pages, and touches on several different Acts. In other words, it’s an omnibus bill.

“Oh!” They cry. “You promised you wouldn’t use them.”

Err, they promised not to abuse them, and in fact were careful in their language so as to not promise that they would never be used, because anyone who knows a thing or two about the legislative process knows that sometimes omnibus bills are necessary, particularly when it comes to housekeeping bills that clean up language across several acts, for example. What separates a proper omnibus bills from abusive ones are the fact that they are around a common theme, and can be studied by a single committee. This is where the Harper bills failed the test – while they claimed that they were under a single theme (i.e. implementing programmes mentioned in the budget), they touched on all manner of subjects that were not all under the purview of the finance committee, and this is really the key. When they put in sections that rewrote the entire environmental assessment legislation – under the dubious rubric of doing it for the sake of stimulating resource projects and thereby the economy, this was not something that the finance committee could necessarily study, and certainly not when the hundreds of pages and tight time-allocated timelines meant no time to do proper study of the various and sundry provisions. That is abusive.

From everything I’ve seen of this new budget implementation bill, it certainly looks like everything is all related to fiscal matters and would be under the purview of the finance committee to study. Yes, it’s 300 pages, which shouldn’t be the determining factor, and this is more about the opposition torqueing the issue in order to make it look like the government was breaking a promise when in fact they’re not included the kitchen sink into the bills in order to bully them through with as little scrutiny as possible.

What disturbs me more is the fact that like prorogation, “omnibus” is becoming a dirty word because the previous government took it upon themselves to abuse the practice, while my media colleagues haven’t done enough to disabuse the notion that just because a practice has been abused that it’s not actually illegitimate in and of itself. Prorogation is a routine practice for breaking up a legislative session and hitting the reset button in terms of plans and priorities, while omnibus bills have their uses (as we’ve already established). Just because Stephen Harper abused them to his own ends – which is party didn’t seem to be railing about as they are with this current omnibus bill – it doesn’t mean they’re all bad. This shouldn’t be rocket science, and yet, civic illiteracy is rapidly determining the narrative.

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QP: Proto-PMQs, take two

Question Period was late today, due to Malala Yousafzai’s address to parliament, and was the only item on the Order Paper for the day. Meanwhile, not all leaders bothered to show up either. Rona Ambrose led off, mini-lectern on desk, lamenting new taxes and the plan to increase user fees in the budget bill. Justin Trudeau insisted that they were proud of their choices and the ways they are helping the middle class. Ambrose spun the question as taxing time-off, and Trudeau responded by praising their decision to offer free passes to national parks this year. Ambrose spun it about camping — as those fees are going up — but Trudeau reiterated his response. Ambrose then asked whether the government planned to pass her bill on sexual assault training for judges, and Trudeau noted his support for survivors, but he also respects Parliament and the work of committees, and he looked forward to those discussions. Ambrose pressed, and Trudeau noted that it was important that they appointed more women to the bench, which they were doing. Alexandre Boulerice led off for the Liberals, railing about the omnibus nature of the budget implementation bill. Trudeau insisted that it was not an abuse of omnibus legislation, all items were included in the budget. Nathan Cullen repeated the question in English, got much the same response, then Cullen railed about the provisions around the PBO. Trudeau noted that it would make him a full Officer of Parliament with greater independence. Boulerice repeated it in French, and got much the same answer.

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Roundup: A ham-fisted trap for the Senate

While Government Leader in the Senate – err, “Government Representative” Senator Peter Harder continues his tour of sympathetic media (the latest being the CBC), crying about how the Conservatives are holding government legislation “hostage” and how he needs to have the rules of the Senate changed, he and his team have been doing everything they can to destroy what collegiality exists with the Senate through ham-fisted procedural moves of their own.

The bill in question is C-4, which is the stated repeal of anti-union bills passed by the Conservatives in the previous parliament, and naturally they would be putting up a fight, tooth-and-nail, to keep their old legislation. Not surprising, but also a doomed fight. The bill was on track to pass the Senate this week, when Harder’s deputy, Senator Bellemare, announced that they would be calling a vote on it before Thursday, claiming that they had the support of all senators to do so, when in fact they didn’t. Reminder: the bill was on track to pass, as the Conservatives had exhausted their abilities to delay it. By pulling this manoeuvre, Bellemare basically sabotaged the working relationship between the caucuses in order to maybe shave a day or two from the bill. Maybe. Rather than letting it go through, she (and by extension Harder) turn it into a fight over procedure and sour feelings. Why? So that they can turn around and whine some more to the media that the political caucuses in the Senate are not working with them and are being obstructionist, therefore “proving” that they need these proposed rule changes that Harder wants. Harder, meanwhile, gets to look like he’s the victim and just trying to be reasonable when he’s the one who hasn’t been negotiating with the other caucuses this whole time.

What gets me is just how obvious he’s being about it. Well, obvious to someone who knows what’s going on in the Senate, but most people don’t, and he’s keen to exploit the fact that the general public – and indeed most journalists – aren’t paying attention, and he can use that to his advantage. None of their actions make sense if they actually wanted a working relationship with other senators and to try and get those bills they’re suddenly so concerned with (despite the fact that they have done nothing so far to try and move them along), which makes it all the plainer to see that this latest effort has nothing to do with trying to get bills passed in the Senate, and more to do with changing the rules in order to advantage his position.

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Senate QP: Morneau talks growth

After a length delay owing to a snap vote in the Commons, Senate QP finally got underway with special guest star, finance minister Bill Morneau. Senator Smith led off, worrying that for an “innovation budget,” it wasn’t doing enough for promoting business investment I order to promote innovation. Morneau responded by reminding Smith that the fundamental challenge they were trying to address was slow growth, and noted that the reduction of unemployment was a sign that their plan was working, creating a level of optimism that would attract future growth. Smith insisted that they should be lowering taxes and giving an EI break for hiring younger people, but Morneau wasn’t sold on Smith’s logic, pointing out flaws with this argument around corporate tax rates and said that they were on track for a higher level of growth.

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QP: Bonuses, modernization, and vacations

While there was nothing else on his calendar to indicate why he should be absent, the PM nevertheless was. Rona Ambrose led off, incredulous that the PM was frustrated with Bombardier for their bonuses when he negotiated the deal with no strings. (Note: He didn’t actually negotiate it). Navdeep Bains rebutted that it was a repayable loan with clear strings around protecting jobs. Ambrose railed that the budget nickel-and-dimes Canadians in the face of this, to which Bains insisted that they had a plan around jobs, and touted the job creation numbers. Ambrose and Bains went another round of the same, before Ambrose switched to French to give it yet another round in the other official language. Bains responded in kind, albeit a little more awkwardly, before Ambrose moved onto the topic of changing the Standing Orders, for which Bardish Chagger trotted out her lines about “modernizing” the House of Commons. Thomas Mulcair took up the topic and wondered how Chagger feels having to cover for the PM. Chagger stood up to give earnest praise about being part of a government that consults and listens to Canadians. Mulcair asked in French, and Chagger praised the “new approach” in French in return. Mulcair turned to the Prime Minister’s “illegal vacation” and revelations about payments related to it, for which Chagger asserted that the PM needs to be in constant contact with his office even when out of the country. Mulcair and Chagger then went around for another round of the same.

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