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: Performing Norsat outrage

On a very pleasant day in the nation’s capital, things were busy on the Hill between caucus meetings, the marking of the 100th anniversary of the dedication of the new Centre Block (after the original one was destroyed by fire), and after QP, the raising of the Pride flag on Parliament Hill. But first, there was QP. Andrew Scheer led off worrying about the deficit and wondered what the PM was going to do about it. Justin Trudeau was ready, and hit back with the list of ineffective boutique tax credits from the previous government and accused them of having neglected the middle class while his government has created jobs and prompted growth. Scheer moved on, and demanded a public sex offender registry, and Trudeau noted that the system already works. Scheer tried again in English, concern trolling about concerns that the government didn’t have funds to make it public. Trudeau reiterated the current system, and that it was put into place by both the Trudeau and Martin governments while the Harper government’s promise for a public registry was left without framework or funding. Scheer then switched back to French, and worried about the Norsat sale and allied objections. Trudeau insisted that allies were consulted and they listened to the advice of national security agencies. Scheer tried again in English, and Trudeau reiterated his points. Thomas Mulcair was up next, demanding the government support their suggestion on reforming appointments, and Trudeau remarked that they already had a new merit-based process. Mulcair then turned to the Der Spiegel article, and insistence that Trudeau was lying about it, and Trudeau countered with a statement from the German government that the story was wrong. Mulcair then demanded that the journalistic sources protection bill be passed before the end of the term, but Trudeau simply noted their support — which is all he could do because it’s not a government bill and they can’t fast track it. For his final question, Mulcair was concerned about whether Harjit Sajjan misled the Ethics Commissioner on his role with Afghan detainees, and Trudeau reassured him that they take their responsibilities seriously.

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QP: Concern about summer vacations

The day was not as hot as yesterday, but tempers were indeed starting to fray in the House of Commons with the threat of procedural shenanigans hanging in the air. Andrew Scheer led off, saying that the PM was eager to get away for summer vacation but lo, there were all kinds of new taxes. Trudeau noted that his summer vacation plans included touring the various federal parks around the country, which were all free, and oh, he lowered taxes on the middle class. Scheer then switched to French to demand a publicly accessible sex offender registry, to which Trudeau noted the existing system worked just fine. Scheer tried again in English, and got the same answer. Scheer turned to the Norsat sale in French, and Trudeau assured him that they listened to their national security agencies and allies. They went another round of the same in English, before Thomas Mulcair got up to ask the same question in English. Trudeau reiterated his response, and Mulcair insisted the answer was “demonstrably false.” Mulcair hammered away in French, but Trudeau stuck to his points about due diligence. Mulcair then demanded the government adopt the NDP’s proposed nomination process for officers of parliament, but Trudeau insisted that they already adopted a new process that got more meritorious diverse appointments. Mulcair tried again in French, but got the same response.

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QP: Parsing the minister’s answers

A hot Thursday afternoon, and most of the leaders were gone, Thomas Mulcair excepted. Candice Bergen led off for the day, raising the lack of mention of China in Chrystia Freeland’s speech and the sale of a satellite company to China. Navdeep Bains responded that they take national security very seriously and and that the national security review board gave it a pass (and he said national security about twelve times). Bergen wondered why the sale went ahead without a comprehensive security review, and Bains insisted that the comprehensive review under the Investment Canada Act had been undertaken. Bergen insisted this was about appeasing China, and Bains insisted that the Act stipulates that all transactions are subjected to a national security review, and that included this one. Gérard Deltell then took a kick at the same can in French, twice, but Bains gave the very same answer. Thomas Mulcair was up next, and picked apart Bains’ answers, parsing the language particularly between a full review and a standard screening. Bains reiterated that they followed the law and did their due diligence and would take any advice from national security agencies. Mulcair tried again in French, raising a previous sale, and Bains reminded him that the previous process under the previous government had been botched. Mulcair then turned to the nuclear disarmament treaty and parsed the PM’s responses from yesterday. Bains got up again, and to reiterate the PM’s points about getting a fissile materials treaty underway instead. Mulcair tried again, and Bains read the same points that the PM made.

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Roundup: Backloading the spending with good reason

Yesterday was the big day, and the Defence Policy Review was released, which by all accounts was a fairly comprehensive look at what the vision of the Forces should be for the next twenty years, complete with an extra $62 billion in defence spending over those two decades, plus more cyber warfare and drones, more ships, and more fighters along the way. The hitch? That most of that spending won’t start rolling out until after the next election, which could be a problem. The other hitch? That the way these things works means that it couldn’t actually start rolling out until then anyway owing to the way that these things work, and yes, the Liberals meticulously costed their plans with five different accounting firms looking over the numbers and ensuring that both cash and accrual accounting methodologies were included. (One defence analyst did note that this funding means that existing commitments that were made but not funded are actually being accounted for and funded under this new model). These accounting considerations are worth noting, and economist Kevin Milligan explains:

Meanwhile, John Geddes casts a critical eye at the promises for future spending, while former Navy commander Ken Hansen offers his insider’s perspective on the document and its contents. Stephen Saideman takes a higher-level perspective including looking at whether the consultation process leading up to the report was followed (and it seems to be the case).

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QP: A furious rewrite of the scripts

With the news that Madeleine Meilleur had withdrawn her name from consideration for Language Commissioner just before QP, you could almost hear the furious rewriting of question scripts. In fact, I saw pages deliver new scripts to MPs just before everything got underway. Andrew Scheer led off, raising her withdrawal, and wanted an assurance that future appointments would have cross-party support. Justin Trudeau responded with praise for his new open and transparent process. Scheer shifted topics to the risk profile of the Infrastructure Bank, and Trudeau praised the commitment to $180 billion in new Infrastructure that the Bank would leverage private sector dollars to help with. Scheer repeated the question in French, insinuating that this was about Liberal millionaire friends, and Trudeau reiterated his points on the need for the Bank. Scheer then moved to the issue of a public sex offender registry, and Trudeau insisted that they took the protection of families seriously, and it was up to police to advise the public. Scheer demanded that Trudeau reject the advice of bureaucrats to not make a registry public, but Trudeau stuck to his points. Thomas Mulcair was up next, noting the presence of a Hiroshima survivor and demanded the government join nuclear disarmament talks in New York. Trudeau said that they were taking meaningful steps which included rallying states for the support of a fissile material cut-off treaty and getting tangible results. Mulcair pressed, and Trudeau noted that the treaty Mulcair demanded we sign onto didn’t include nuclear states, so it was somewhat useless. Mulcair moved onto criminal records for simple possession while marijuana legalisation in the pipeline, and Trudeau returned to his well-worn talking points about decriminalisation not protecting children or taking profits away from the black market. Mulcair asked again, louder, and Trudeau held firm.

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Roundup: Freeland articulates her vision

Foreign Affairs minister Chrystia Freeland gave her major foreign policy speech yesterday in the House of Commons, and the theme was basically that we can’t rely on the Americans anymore, so it’s time to step up more, and that includes hard power. That also means more spending on the military, some of which is there and waiting to actually be spent once we get some of our procurement issues sorted, but that particular speech is later today as the Defence Policy Review is finally unveiled. (And incidentally, on Friday, Marie-Claude Bibeau will unveil our feminist foreign aid policy). It was noted by a couple of people, chiefly among them Paul Wells, that we really should have a major foreign policy speech every year or so, and this is certainly a better indication of where the government’s thinking is at.

This was not the case with the previous government, and it’s certainly worth noting. That this government actually uses the time allotted for statements by ministers is a good thing, as the constant eschewing of Parliament in favour of human backdrops in some alternate location was insulting.

Meanwhile, Stephanie Carvin offered some cogent analysis over Twitter, so here you go:

You can also find Carvin’s thoughts in expanded form here. For some more analysis on the speech, read Paul Wells for some more context around the points Freeland made in the speech, Susan Delacourt on the jabs made at the Trumpocalypse, and Stephen Saideman for some more foreign and defence policy angles.

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QP: At last, the exchange of quips

On a rainy Tuesday in Ottawa, it was all hands on deck in the Commons, with all leaders present for a change. Andrew Scheer led off, noting the anniversary of D-Day, and turned it into a question on fighting ISIS. Trudeau noted the contributions that Canada was making to the fight. Scheer tried mocking Trudeau’s television interview responses about positive spaces in this fight, and Trudeau quipped back that Scheer must not be too busy as opposition leader if he was all caught up on his daytime TV. Scheer batted back that it was the only place he could find Trudeau over the past week, and then railed about new taxes on beer and wine. Trudeau responded that they cut taxes to the middle class. Scheer insisted that wasn’t true, and listed a number of penny ante issues like making Uber pay HST and carbon taxes (which are largely provincial), and Trudeau noted the difference in vision that his government offered. Scheer then veered into a question about the public sex offender registry, and Trudeau called Scheer out for politicising the wrong issues, and said that trying to insinuate the Liberals didn’t care about children and families was shameful. Up next was Thomas Mulcair, who brought up the Madeleine Meilleur nomination and stated that she confirmed in the Senate that she discussed the position with Gerald Butts and Katie Telford — which isn’t what she said. Trudeau reminded him of the open nomination process, and when Mulcair tried to insist that one f them were lying, Trudeau didn’t budge from his points. Mulcair then railed about Trudeau slamming the door on Quebec’s face on their request to discuss the constitution, and Trudeau said that he had other priorities. Mulcair gave it a second go, insisting this was a snub at Quebec alone, and Trudeau reminded him that he says the same thing in English and in French and had no interest in getting into a constitutional quagmire.

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QP: The Trudeau/Scheer damp squib

A new week, and Justin Trudeau was back in the Commons after a morning at Niagara Falls to do a guest spot on US television, and before his meeting with the visiting president of Chile. After a moment of silence for the victims of the London Bridge attack, Andrew Scheer led off, mini-lectern on desk, asking for an update and reaction to the attack. Trudeau gave condolences to the family of the Canadian woman who died in the attack, and noted that an hour before, he had spoken to Theresa May about the issue an hour before, and then offered his well wishes to Scheer as new leader of the Opposition. Scheer then turned to the Infrastructure Bank, and concerns that it would assume all risks with future projects. Trudeau didn’t really answer, but talked about the need for more infrastructure investments across the country. Scheer insisted it was all about rich friends of the PM, but Trudeau reminded him that they raised taxes on the wealthy to lower taxes on the middle class. Scheer then changed topics to ask about the politicised nomination of Madeleine Meilleur as Language Commissioner and demanded that it be cancelled. Trudeau said that it was important to get the right people for the job, regardless of their political history — a new talking point. Scheer tried again in English, and Trudeau dug in a little more this time, pointing out how politicised the previous government’s appointment process was whereas the current government had created a new process. Alexandre Boulerice led for the NDP, railing that the Infrastructure Bank would necessitate user fees, and Trudeau stuck to points about the need to invest in infrastructure. Daniel Blaikie repeated the question in English, and Trudeau noted that the Federation of Canadian Municipalities was applauding the decision to unlock more capital in that way. Blaikie then turned to the Meilleur nomination, and Trudeau repeated his points about merit-based appointments. Boulerice repeated Blaikie’s question in French, and Trudeau repeated his answer.

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QP: A failed gotcha moment

With the PM flying back from Italy, Andrew Scheer was still left waiting for his sparring match with Trudeau despite being fired up on caucus day. Scheer led off, mini-lectern on desk, reading the accusation that the Infrastructure Bank was to be used for buying favours of friends. Amarjeet Sohi responded with his well-worn reply that the Bank would free up capital for communities to spend it on other needs. Scheer worried that taxpayers would be left on the hook when loans couldn’t be repaid, and Sohi assured him that only projects in the public interest would go ahead and that they ensured accountability. Scheer read some more concern about risk and the government co-signing loans for the one percent. Sohi reiterated his previous points. Scheer then switched to French to lament the nomination of Madeleine Meilleur, and Mélanie Joly reiterated her usual points about Meilleur’s qualifications. For his last question, Scheer railed about Karla Homolka being found volunteering at a school, and Ralph Goodall fielded the question, noting the robustness of background checks. Thomas Mulcair was up next, railing about Meilleur and demanding a parliamentary inquiry into her appointment process, and Joly gave her standard reply. When Mulcair insisted that there were too many conflicts of interest, Joly noted that committees are independent, and reiterated previous points. Mulcair then changed topics, and demanded a free vote on adopting the Electoral Reform committee report. Karina Gould said it was surprising that the NDP wanted to adopt the report considering that they didn’t even agree with it. Mulcair then changed to the issue of KPMG, and Diane Lebouthillier noted investments in cracking down on tax evasion.

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