Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: A diminishing vision of a regulator

Posted on by

The Supreme Court of Canada returned their reference decision on the constitutionality of the proposed national securities regulator yesterday, and it was a unanimous green light – because this is a voluntary system, it’s constitutional. You may recall that a previous attempt to create such a national regulator to be imposed by the federal government was found to be unconstitutional, and lo, it didn’t happen. When the previous Conservative government constructed this new voluntary model, Quebec appealed to the SCC, and as we can see, didn’t win the day. And even with this decision, Quebec still says they’re still going to stick with their provincial regulator, thank you very much, and that’s that.

There are a few things to think about in this decision, and in the system as it’s being designed. One of them is that part of the mechanism that makes it acceptable to the Supreme Court is that the regulatory authority is being delegated to a council of ministers, but that may come with more challenges. Because the wait for this decision essentially stalled the work of the new regulatory body, it remains to be seen as to how long it will take to get the new system up and running.

While Andrew Coyne makes the point that this system really makes no sense because it’s not able to deal with the issue of systemic risk, it may be worse than that. I wrote about this proposal for Law Times back in the spring, and even proponents of the national regulator had started to sour on the concept because the proposed system as it was being built essentially let provinces maintain their own particular carve-outs, which increases the complexity and reduces the uniformity of the system across the country. Even more alarming, according to one lawyer I spoke with, is the fact that this sets up a system that is unaccountable, that makes up and enforces its own rules and is self-funding, which seems to go against most good governance norms. So we’ll see where this goes, but the final result certainly looks to be far less than what was initially promised.

Continue reading →

Roundup: A policy reviewed and changed

Posted on by

The government announced that their review of the transfer of inmates to Indigenous healing lodges is complete, and they made some changes to the policy to tighten the conditions. While they wouldn’t say directly, it was confirmed that Tori Stafford’s killer was reassigned from the healing lodge she had been transferred to back to an institution. Cue the self-congratulation from the Conservatives, who assert that the killer is back “behind bars.” But there are a few things we need to unpack here because some of this back-patting is disingenuous.

First of all, these healing lodges are still prisons. Said killer went from one medium-security facility to another medium-security facility. While Andrew Scheer kept insisting that she was moved to a “condo,” he is not only lying about what a healing lodge is, he is also misconstruing what conditions in women’s institutions in this country are like. There are no longer any of the kinds of cells and bars or high walls that you see on television – women’s institutions largely feature campus-like atmospheres, with apartment-like dwellings. Indeed, the facility she’s been transferred to post lodge is described as “a minimum security residential-style apartment unit and residential-style small group accommodation houses for minimum and medium-security inmates in an open campus design model.” So much for the crowing that she’s back behind bars.

There is also the self-congratulation in saying that they embarrassed the government into taking this action, and that this somehow disproves what the government said about not being able to act to transfer her. This is again disingenuous – when it came to light, the government ordered a review, and the policy writ-large was changed. They didn’t order an individual transfer, because that would be abusing their authority to do so. Now, there are some genuine questions as to how appropriate it is to change policies based on a single case, but insisting that they did what the Conservatives asked is not exactly true. Worse, however, is the unmitigated gall of the Conservatives demanding apologies and insisting that it was the Liberals who politicised the issue when they were the ones who decided to start reading the graphic details of Stafford’s murder into the record in the House of Commons. They’re still sore that they’ve been called ambulance chasers, which they insist is some kind of grievous insult, however their behaviour in the Commons around this issue was hardly decorous. An issue was raised, the policy was reviewed and changed, and the process worked. But trying to play victim over it is taking things a little too far.

https://twitter.com/journo_dale/status/1060641966776475648

Continue reading →

QP: A bizarre question to Trump

Posted on by

The prime minister was present today, the third day this week, but Andrew Scheer was elsewhere. That left Gérard Deltell to lead off, asking about the announced job losses at Bombardier, and he worried about the federal loan extended to the company. Justin Trudeau took up a script to say that their thoughts were with those affected, before reading praise about the Canadian aerospace sector. Deltell moved onto Di Iorio’s planned resignation, and worried it would be too late for a by-election. Trudeau read that the member intended to resign. Deltell asked about Di Iorio’s “special mission,” and Trudeau read a similar script about how MPs are expected to work on behalf of there constituents. Mark Strahl got up next to rail about Tori Stafford’s killer, and demanded an apology to Stafford’s family for forcing them to fight the government. Trudeau read that they reviewed the medium security transfer policies and they made improvements. Strahl railed about how that was an admission that they had the power to transfer her beforehand, and Trudeau didn’t use a script this time to reiterate the same response, with added empathy to the family. Guy Caron was up next, returning to the topic of Bombardier, but was particularly concerned about its executive bonuses. Trudeau picked his script back up to read about their thoughts with the workers and yay aerospace. Caron switched to English to Rae the question again, and Trudeau responded by reading the English version of his own script. Tracey Ramsey was incredulous that the prime minister said he wouldn’t have his photo taken signing the new NAFTA so long as the steel and aluminium tariffs were in place. Trudeau quipped that Ramsey’s region was in favour of the agreement before reading about his support for the industries affected. Alexandre Boulerice got up to repeat the question in French, to which Trudeau read Boulerice’s praise for the agreement.

Continue reading →

Roundup: Compromising positions vs oversight

Posted on by

As the fallout from his sexting “scandal” continued, MP Tony Clement was booted from caucus yesterday, which shouldn’t have been a surprise to anyone. First thing in the morning, Andrew Scheer said that he was assured that it was a one-off so Clement would be allowed to stay, but by Question Period, Clement was out, meaning that more stuff has come to light (possibly the raft of women over social media describing their creepy encounters with Clement online).

While Cabinet ministers including Ralph Goodale don’t believe that this incident with Clement actually breached national security, the bigger worry by experts in the field is the fact that the National Security and Intelligence Committee of Parliamentarians is still nascent and building trust, and the fact that Clement was a member of that team and obviously ignored the training he was provided about not putting himself in compromising positions could shake the domestic trust of this new committee, especially given that this level of parliamentary oversight of our national security is new and largely untested.

https://twitter.com/StephanieCarvin/status/1060246150266138625

https://twitter.com/PhilippeLagasse/status/1060245758123753472

https://twitter.com/PhilippeLagasse/status/1060246898810867712

https://twitter.com/PhilippeLagasse/status/1060248352011431936

https://twitter.com/PhilippeLagasse/status/1060250149736202240

https://twitter.com/PhilippeLagasse/status/1060251763486257152

https://twitter.com/PhilippeLagasse/status/1060254722823618560

https://twitter.com/PhilippeLagasse/status/1060258407968473089

Susan Delacourt notes the three ways in which Clement has damaged himself, and possibly his party as well. John Ivison ponders the security implications of this whole sordid affair. And on Power Play, Stephanie Carvin explains why this is an issue with national security considerations.

Continue reading →

QP: Trying to lay an HST trap

Posted on by

The benches were again full, and all leaders were again present, though Tony Clement’s desk was noticeably vacant on the front row. Andrew Scheer led off, and in French, he started in yet again on the Statistics Canada data gathering issue, demanding the programme’s cancellation. Justin Trudeau pulled out a script to read that they were concerned with the privacy of Canadians’ data, which is why the Privacy Commissioner was involved. Scheer went again in English, and this time Trudeau didn’t need a script to equate this with the Conservatives’ war with StatsCan over the long-form census. Scheer insisted this was worse than a census, and Trudeau said that he would speak directly to Canadians to assure them that this data was anonymised, subject to strict controls, to ensure that their privacy was maintained. Scheer then switched to the subject of HST and GST being applied to the federal carbon tax, to which Trudeau said this was an attempt to muddy the waters on the plan to put a price on pollution, and by the way, the Conservatives have no intention of putting out a plan to fight climate change. Scheer insisted this was a yes or no question, and Trudeau sermonised about the dangers of climate change. Guy Caron was up next for the NDP, and accused the government of refusing to act on the motion that was adopted yesterday around lapsed veterans’ funding. Trudeau picked up a script to insist that they were spending more for veterans while the Conservatives made cuts. Caron then demanded concrete policies on climate change, but Trudeau was more keen to keep talking about veterans’ funding and listing the actions they’ve taken, before he quickly switched to saying they were taking concrete action on the environment by pricing pollution. Tracey Ramsey was up next to demand that the government refuse to ratify the New NAFTA until the steel and aluminium tariffs were dropped, to which Trudeau quoted the NDP Quebec lieutenant’s praise for the deal. Boulerice, the aforementioned lieutenant, got up next to decry those tariffs, and Trudeau pointed out that the NDP says one thing in the House, and another thing behind closed doors before repeating Boulerice’s quotes. 

Continue reading →

Roundup: Sexts and extortion

Posted on by

Conservative MP Tony Clement has resigned from Conservative shadow cabinet and his parliamentary duties (but not from caucus) after he was victim to an attempted extortion after sharing “sexually explicit images and video” with someone.

https://twitter.com/StephanieCarvin/status/1059976854415659008

https://twitter.com/StephanieCarvin/status/1059982799095050240

https://twitter.com/StephanieCarvin/status/1059986660748812288

Some observations:

  • Clement is part of the National Security and Intelligence Committee of Parliamentarians, which is of the highest security classification. Being a target for blackmail on that is a Very Big Deal, and can’t be excused by those who don’t want to be involved in any kind of shaming for sexting. Clement apparently notified PCO about this a few days ago, so this is serious in how it affects his role with NSICOP, and now they will need to find a new member to fill that vacancy.
  • This is likely to get bigger. Already a number of women are coming forward over social media about his creepy behaviour on Instagram and this kind of thing has apparently happened before (sans extortion attempt).
  • The Conservatives can stop being so smug about the fact that they haven’t had to boot anyone from caucus for being sexually inappropriate. Clement is still in caucus for the moment, but we’ll see how this grows in the next few days.
  • Clement says that he’ll be “seeking treatment,” which is the really gross part here, because it employs the language of trying to medicalise sexual harassment or inappropriate behaviour. And when you try to medicalise it, you try to diminish personal responsibility – as this Tracey Ullman sketch so amply demonstrates.

Continue reading →

Senate QP: Looking tough and talking out the clock

Posted on by

Following a lacklustre QP in the Other Place, the Minister of Looking Tough on Stuff, Bill Blair, headed for the Senate to take more questions related to his portfolio. Senator Larry Smith led off, asking about the financial pressure put on shelters in cities and provinces related accommodating irregular border crossers. Blair noted that he has been working with Ontario Minister Lisa MacLeod on the file, and noted that for the Toronto shelter system, the referred numbers are self-identified as refugees, which they arranged temporary housing for, and of the more than 400 that were referred to is now down to 35. Smith then laid out a number of facts related to irregular border crossers including the fact that the IRB wait time is around two years, and Blair gave a fairly broad statement about the increase in migration around the world, and that Canada saw similar spikes in irregular claimants in the past, and then veered off into talks about Conservative cuts to CBSB and the IRB that they have been forced to reinvest in, and from there went into the removals of failed claimants, before the temporary speaker cut him off for talking too long.

Continue reading →

QP: Concern trolls and pabulum scripts

Posted on by

Following Monday’s fairly dismal attendance, the benches were full and all of the leaders were present for Question Period today. Andrew Scheer led off, concern trolling about the StatsCan plans to access financial transaction data, and Justin Trudeau read a script about evidence-based policy. Scheer listed off a number of data breaches by the government, to which Trudeau read that the Conservatives were pretending to be opposed to StatsCan data including the long form census, while they would protect the privacy of Canadians. Scheer insisted this wasn’t about evidence but it was about violating fundamental rights, and this time Trudeau reiterated his same responses without a script. Scheer switched to French to ask what duties absent MP Nicola Di Iorio was assigned, to which Trudeau took a script to say that the MP indicated that he would resign in January and that he indicated what he was working on. Scheer tried again in English, and Trudeau read the English lines in response. Guy Caron was up next for the NDP, and he demanded the government support their motion on spending the full Veteran’s Affairs budget (which is a deliberate misunderstanding of what those lapsed funds represent), and Trudeau picked up a script to read the list of things they’ve done for Veterans. Caron switched to French to ask about the accidental underpayment of veterans’ benefits, to which Trudeau read some more pabulum about their increased financial support in the face of Conservative cuts, and added that they were supporting the motion. Daniel Johns stood up to repeat both questions, and Trudeau read the English versions of his same two pabulum scripts.

https://twitter.com/EmmMacfarlane/status/1059895812619038720

Continue reading →

Roundup: A StatsCan privacy check

Posted on by

While the ongoing issue of Statistics Canada looking for financial transaction data continues, the actual privacy practices in the institution aren’t being adequately explained to Canadians – and they certainly aren’t being represented accurately by the opposition. So with that in mind, here’s professor Jennifer Robson to explain just what she has to go through in order to access data for her research at StatsCan, in order to give you a better sense about how seriously they take this kind of thing.

https://twitter.com/kevinmilligan/status/1059641954021990400

This is why the complaints that the data won’t be secure as it’s being anonymized is pretty specious, and the pearl-clutching that StatsCan would have a person’s SIN is also overblown considering that they already have it – they matched up people’s tax returns with their census forms to ensure that they had accurate data regarding household incomes, and lo, nobody made a peep about that when it happened. Again, this overblown rhetoric around what is being planned about this financial transaction data is not only risible, but it’s actively mendacious (particularly when Conservative MPs keep saying things like this is a project by the Liberal Party or by Justin Trudeau himself). And yes, StatsCan has done a woeful job as to explaining what it needs these data for, and this government is largely too inept to communicate any of that information either. And yet here we are.

Meanwhile, Andrew Coyne points out that while the Conservatives have been spending years attacking StatsCan, the real privacy threat comes from the unregulated use of personal information by political parties, not the country’s statistical agency.

Continue reading →

QP: Pushing back a little against mendacity

Posted on by

While the prime minister was in Montreal to meet with business leaders, Andrew Scheer was also absent, which is becoming increasingly common of late. Candice Bergen led off, concern trolling that the Statistics Canada plan to gather transaction data could endanger trade with Europe (which I am dubious of). Navdeep Bains thanked her for the thoughtful question, and reminded her that this was a pilot project that had not yet started, and they were working with the Privacy Commissioner to ensure it was done properly. Bergen tried again, and this time, Bains called out her mischaracterisation and read the portion of the Statistics Act that spelled out that nobody could compel the release of that personal information. Alain Rayes took over to ask the same question in French, and Bains reiterated the point about pilot project. Rayes then switched topics to inquire about what the “secret mission” assigned to missing MP Nicola Di Iorio was, and Bardish Chagger read that the member is responsible to his constituents and he is reflecting on his work. Bergen got back up to ask the same question in English, and Chagger read the same in English. Guy Caron was up next for the NDP, and demanded that Canada follow Mexico’s suit in order to refuse to sign the New NAFTA until the steel and aluminium tariffs were lifted. Marc Garneau stood up to express come confusion that the NDP were praising the deal in some venues, but attacking it in others. Caron changed topics to ask about the star of the Paradise Papers, but Garneau ignored the question in order to read more of the NDP’s praise for the agreement. Tracey Ramsey reiterated the Paradis Papers question in English, and Mélanie Joly a stood up to praise the reinvestment in CRA’s resources. Ramsey then repeated the demand to not sign the new NAFTA as long as the tariffs were in place, and Garneau repeated his confusion about the NDP’s position in English.

Continue reading →