Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: A major amendment at committee

Posted on by

There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

Continue reading →

QP: Conflicts, subsidies, and elections

Posted on by

While Justin Trudeau was off in Charlevoix, and Andrew Scheer in Laval as part of his “listening to Quebeckers” tour, there were no leaders in the Commons today except for Elizabeth May. Candice Bergen led off, raising new allegations from the Globe and Mail about the Arctic surf clam fishery, to which Dominic LeBlanc assured her the allegation was false, before reminding her that they included Indigenous people in the fishery when the previous government didn’t. Bergen reiterated the previous allegations about the process including the accusation that his family will benefit, and this time LeBlanc was a little more sharp in his reiteration that the allegations are false, and the fact that he has no family connection in the case. Bergen demanded that the prime minister remove him from the file, and LeBlanc assured her that he would cooperate with the Ethics Commissioner, but pointedly reminded her that she should stick to the facts. Jacques Gourde took over to ask the same again in French, and LeBlanc called out the fact that they were simply reiterating the same falsehoods in French. After a second round of the same, Ruth Ellen Brosseau led off for the NDP, demanding an end to fossil fuel subsidies by 2019 and to know how much would be given to Kinder Morgan. Bill Morneau got up to say that they were on track to phase out subsidies by 2020, and that they were still talking with Kinder Morgan. Nathan Cullen reiterated the same in English, with a heap of added sanctimony, to which Morneau repeated his same answer. Cullen then got up to moralise about  getting multi-party support for the elections bill, to which Karina Gould praised it going to committee to get the “study and interrogation” that it deserves. Brosseau repeated the same in French, and got the same response.

Continue reading →

Roundup: Performative anxiety over the pipeline bill

Posted on by

There’s a bit of performative wailing and gnashing of teeth emanating from the Senate, as the nonsense bill from Conservative-turned-Independent Senator Doug Black about declaring the Trans Mountain pipeline in the national interest passed earlier this week, and they have no indication whether it will be passed by the Commons in short order. After all, there are only some eight days until Kinder Morgan’s “deadline” comes to pass, and under the politician’s syllogism, something must be done and this is something, therefore we must do this. Never mind that as a bill, it’s constitutional nonsense because the preamble invokes Section 92(10)(c) of the Constitution Act 1867, and the project is already federal jurisdiction because it crosses a provincial boundary; invoking the section would imply that it is provincial jurisdiction (it’s not), or that it would perversely declare a federal issue to be provincial for the sake of declaring it federal again (which sets up a really terrible precedent for the future). The bigger problem is that it’s a Senate public bill, which means that when it gets to the Commons, it needs a sponsor (not a difficult get for Black in this case), and then it goes into the queue of private members’ business. It could be weeks before that refreshes and it earns a slot for debate, which will be well past the artificial deadline from Kinder Morgan. This despite the fact that the bill should be defeated because it’s constitutional nonsense. And the Conservative senators who are currently complaining that they have no indication if the government will pass the bill immediately know better – there isn’t a mechanism for them to do so, barring a motion to pass it at all stages once it’s on the Order Paper. Which it’s not. But hey, facts have never stopped anyone from making a big show of something like this before, so why start now?

In other pipeline news, no other company has publicly declared that they are willing to take over the Trans Mountain pipeline if Kinder Morgan backs out (but I’m not sure why they would say so at this point, because I’m sure it would drive up the price if they sounded eager). Jagmeet Singh has firmly put himself in BC’s camp on the issue, earning the rebuke of Rachel Notley – and the fact that he hasn’t bothered to even call her has Notley questioning his maturity. That western premiers meeting that Notley sent her deputy premier to instead happened, and said deputy didn’t sign onto the final communiqué because it wouldn’t show support for Trans Mountain, while BC premier John Horgan talks out of both sides of his mouth, demanding that the expansion be halted while demanding the existing pipeline continue to carry fuel for BC, and insisting that the two are very separate issues.

Meanwhile, as Alberta turns into a single-issue province, I continue to be amazed at the hyperbole being expressed on this issue. One pipeline advocate yesterday referred to BC as a “rogue state.” Guys. Seriously? The most BC has done is hold a press conference and file a court reference that they are likely to lose. This drama queen routine is getting a little embarrassing.

Continue reading →

QP: Elections, Hamas, and subsidies

Posted on by

On a pleasant Wednesday afternoon in the nation’s capital, the benches were full in the Commons as MPs gathered for what was not only Question Period, but the practice of proto-Prime Ministers Questions, something that has never quite worked out in practice. Andrew Scheer led off, concerned about the electoral reform bill, and the fact that it would allow for American-funded groups to campaign and that the government could make announcements on taxpayer’s funds. Trudeau reminded him that most of those changes were recommendations from Elections Canada, and the previous government tried to ruin our electoral system. Scheer then asked why the government didn’t choose their first candidate for Chief Electoral Officer, to which Trudeau took up a script to read about how great the chosen candidate is. Scheer then changed topics to demand that Trudeau walk back on his statement about the shootings in Gaza and blame Hamas, to which Trudeau said that he spoke to Prime Minister Netanyahu about the incident and the fact that a Canadian civilian doctor was shot by an Israeli sniper, and that demanded an investigation. Scheer took exception to this, insisting that Israel goes out of its way to protect civilians, and Trudeau chastised Scheer for politicising the Israeli question. Scheer railed that Trudeau was not condemning Hamas and that they were the ones who politicised the situation, and Trudeau responded by regaling him with Conservative protesters picketing the home of a Toronto Jewish leader who openly supported the Liberal party in the last election. Guy Caron was up next for the NDP, demanding an end to fossil fuel subsidies, and Trudeau took up a script to say that they were working on their plan to phase out emissions and that Trans Mountain was part of that plan. Caron demanded to know the ceiling for the “subsidy” to Kinder Morgan, and Trudeau responded off the cuff that they have strengthened measures to ensure that Kinder Morgan got their approval and that it sends a signal that projects could get built. Jenny Kwan took over in English to reiterate the same questions, and Trudeau took up his script to reminder that the G7 plan was by 2025. Kwan railed that the government had no intention to phase out the subsidies, and Trudeau reiterate their commitment to growing the economy while lowering emissions. 

Continue reading →

Roundup: Not the constitutional crisis you were looking for

Posted on by

After much drama and back-and-forth between the two chambers, the Senate passed the omnibus transport bill yesterday after the Commons rejected their amendments a second time. Once again, we did not get the constitutional crisis that we were promised, and we’ll get a whole new round of back-patting that the Senate did its job, because at least a few of the amendments were accepted (even though the larger problem remains that many of the ones that were rejected saw no debate, nor were reasons for rejecting them provided other than the government “respectfully disagrees,” which is not a reason).

Amidst this, the Conservative Senate leader, Senator Larry Smith, penned a response in Policy Optionsto Government Leader in the Senate – err, “government representative” Senator Peter Harder’s previous op-ed about the apparent use of a Salisbury Convention in the Canadian Senate (which was false). The problem there, however, is that Smith didn’t really rebut anything about the Salisbury Convention or lack thereof. Rather, he went on about how the prime minister is trying to walk back on his promise of a more independent Senate by means of their rejection of the bulk of the amendments to the transport bill, and the apparent orchestration through Harder of a policy of trying to tell senators how to vote (as in, pass bills even though we say that we don’t want you to be a rubber stamp). And while I sympathise with many of his points, I’m not convinced by his overarching thesis.

Despite the fact that many a Conservative senator keeps trying to promulgate a series of conspiracy theories, from the fact that the new Independent senators are all just crypto-Liberals that are being whipped to vote a certain way, that they are trying to “destroy the opposition” in the Senate, or in this case, that the PM is trying to undermine his own pledge for independence via Harder’s patently unhelpful suggestions. But part of the problem is that on the face of it, none of these really stack up. While we can’t deny that many of the new senators have government sympathies, I wouldn’t consider them partisans in the same sense. The issues of their block-voting has more to do with their anxieties about accidentally voting down government legislation than it is about their being whipped to vote a certain way. And frankly, the biggest reason why I sincerely doubt that Trudeau is conspiring with Harder is the fact that there has been so little competence being demonstrated by Harder and his office when it comes to management of the agenda in the Senate that it seems more than implausible that there is any kind of coordination happening, particularly since I know that there are people in Trudeau’s and Bardish Chagger’s offices who know how the Senate works, and we’re not seeing their input. And the longer that the Conservatives keep pushing these woeful conspiracies, the more they undercut their own position on maintain a level of status quo in the Senate that is probably beneficial in the longer term. But they never seem to learn this lesson, and it may cost them, and the institution, as a result.

Continue reading →

Senate QP: Hajdu ducks a request

Posted on by

Following weeks of condemnation around the government’s insistence on the “Charter rights” attestation for Canada Summer Jobs Grant applications, it was time for the minister of labour, Patty Hajdu, to appear before the Senate to answer questions. Senator Larry Smith led off, as is customary, and he asked about the fact that no new federal drug testing regulations would be in place before marijuana was legalised. Hajdu noted that in her previous job, she dealt a lot with substance use issues with clients adn employees, and she was passionate about the topic. She noted that they are working with federally-regulated employers and labour groups, but also called out that this debate was a red herring because cannabis is not new, nor is use at work. Smith wanted some degree of certainty for employers, and Hajdu said they are already having those conversations, and most workplaces already have robust policies.

Continue reading →

QP: One of sixty first cousins

Posted on by

On the return of Parliament after a break week and Victoria Day, it was almost a pleasant surprise to see all of the leaders present – something that’s become increasingly rare of late. Andrew Scheer led off, mini-lectern on desk, and he read some great concern that the prime minister had “ordered” Elections Canada to implement the changes of the electoral reform bill before it had even had any debate in the Commons. (Note: I don’t think the PM can issue such an order, because Elections Canada is arm’s length from the government). Justin Trudeau took up a script to read about how they were looking to reverse the changes that the previous government made to make it harder to vote. Scheer demanded that the government commit to not make any spending announcements during the pre-writ period, and this time Trudeau replied extemporaneously that the previous government made changes that were for their own benefit rather than making it easier for Canadians to vote. Scheer then read about the Dogwood initiative getting American funds, and how that was foreign funding interfering in Canadian elections, and Trudeau reminded him that they believe in things like freedom of speech and that they don’t brand groups as eco-terrorists. Scheer then changed tactics to ask about the carbon tax in French, citing disingenuous numbers about the impact on the GDP, and Trudeau reminded him that 80 percent of Canadians already live in jurisdictions with a carbon price. Scheer switched back to English to decry the increase in taxes on hard-working Canadians, and Trudeau reiterated that they are working with the provinces to have their own approaches to pricing carbon, and that the respect for provincial jurisdiction was lacking from the previous government. Guy Caron was up next, and concern trolled that the government hadn’t abolished subsidies for oil companies, and Trudeau didn’t so much respond as say that they promised to grow the economy while reducing emissions. Caron then equated any investment in Trans Mountain to a subsidy and demanded to know how much they would spend on it, and Trudeau reminded him that they don’t negotiate in public. Rachel Blaney reiterated the question in English, insinuating that the government were no longer forward-looking, and Trudeau reiterated his response before adding that they strengthened the process around Trans Mountain. Blaney made the link between billons for Kinder Morgan and boil-water advisories on First Nations, and Trudeau reminded her that they are on track to ending boil-water advisories, and the NDP should listen to those First Nations that support the pipeline.

Continue reading →

Roundup: A moment for the Queen of Canada

Posted on by

In light of Victoria Day and the celebration of the official birthday of the Queen of Canada (yes, they’re the same day), here are a few gems about the Queen of Canada, and the monarchy in general.

https://twitter.com/Canadian_Crown/status/998596864311209985

https://twitter.com/Canadian_Crown/status/998572925249867776

Actor Stephen Fry talks about how the monarch keeps politicians in their place, and while it may seem “kind of preposterous” it a system that works. As he says. “If it works, it’s very foolish to get rid of it, even if it’s unreasonable.”

https://twitter.com/PhilippeLagasse/status/998568760003907584

And let’s not forget that Queen Victoria ensured that we have Responsible Government here in Canada.

Continue reading →

Roundup: An unnecessary proposal to cover for abdicated responsibility

Posted on by

When Parliament resumes next week, and the final push of legislation before the summer break starts, I can pretty much guarantee that there will be some gnashing and wailing of teeth in the Senate about the crush of bills headed their way, and the fact that there isn’t a plan to manage it. And from Government Leader in the Senate – err, “government representative,” Senator Peter Harder, we’ll get a reminder that he’s proposed a business committee to do said managing of the Order Paper. And lo, in Policy Options yesterday, we got an endorsement of the notion of a business committee from a former political science professor, Paul G. Thomas, which read a lot like it was could have been commissioned by Harder’s office.

To wit: One of the reasons why I object to the creation of a business committee is because it will create a powerful clique that will determine the legislative agenda of the chamber in a manner that has the very real possibility of trampling on the rights of individual senators in the name of expediency. Currently the rules allow for any senator to speak to any item on the Order Paper on any day – something Thomas notes has the potential to delay business, but under most circumstances, this can be managed through negotiation, and if abused, a vote can be used to clear that obstruction. But what Thomas’ glowing endorsement of the notion of a committee ignores is the fact that sometimes, it can take time for a senator who sees a problem with legislation to rally other senators to the cause. We have seen examples of that in the current parliament, with bills like S-3, which wound up getting majority support from senators to fix the flaws in the bill, or even with the amendments to the omnibus transportation bill last week, where Senator Griffin’s speech convinced enough senators that there was a real problem that the amendment was meant to correct. Having a business committee strictly lay out timelines will stifle the ability for the Senate to do its work when sometimes it needs time to do the work properly.

One of the reason why this kind of committee should be unnecessary is because the Senate has operated for 151 years on the basis of the caucuses negotiating the timelines they need at daily “scroll meetings,” but it requires actual negotiation for it to happen, and since Harder took on the role of Government Leader, he has eschewed his responsibilities to do so, believing that any horse-trading is partisan. Several of the new Independent senators follow a similar mindset, which is a problem. And while Thomas acts as Harder’s apologist in trying to downplay the criticism that a business committee will simply allow Harder to stage manage the legislative process – and it is a possibility that he could, but only in a situation where there are no party caucuses any longer, and that the Senate is 105 loose fish that he could co-opt as needed – my more immediate concern is that he would use the committee to avoid his actual responsibilities of negotiation and shepherding the government’s agenda, more so than he already has. We already don’t know what he’s doing with this $1.5 million budget and expansive staff, so if he is able to fob off even more responsibility onto this clique, what else does that leave him to do with his budget and staff? It’s a question we still don’t have any answers to, and yet another reason why the creation of such a committee is likely to lead to more problems than it does solutions that aren’t actually necessary if he did his job.

Continue reading →

Roundup: Border agent woes

Posted on by

When the House of Commons returns on Tuesday, it’s a pretty safe bet to say that the news that the Canada Border Services Agency is shifting customs agents from the GTA to the Quebec border is going to be one of the main topics of conversation. In fact, I can pretty much guarantee that it’ll come up in Question Period on the first day back. Why? Because amidst this news, a memo from Air Canada pilots claims that they may face delays of up to an hour, being kept on the tarmac because of this lack of agents. There are denials all around (and I’m a bit skeptical myself – I can see big lines in the airport, but I have a hard time seeing why they’d detain them on the tarmac), but the line is going to be that Trudeau is making you wait on the tarmac because he can’t enforce the law on the border.

It’s not exactly true, of course. Whether we see actual delays at airports remains to be seen, but the continued insistence that he can somehow snap his fingers and the border will somehow seal itself is this specious bit of political fiction that nobody wants to seem to own up to. I’ve written about this before – he can’t unilaterally declare the entire border to be an official port of entry, nor can he amend the Safe Third Country Agreement because that requires the buy-in of the Americans, and that’s not going to happen. If he suspends the agreement, like the NDP demands, that will cause a flood at border crossings of people who are jurisdiction shopping while making asylum claims, which was the whole reason the agreement was made in the first place. Direct engagement with the communities where the influx is coming from had success with the Haitian community and the government is looking to repeat it with Nigeria, where most of the new claimants are coming from (and no one has yet explained why that’s the case), but we’ll see when they can actually start engaging.

What this does illustrate is that the government still has a way to go in order to re-capitalize CBSA and ensure that they have enough border guards and customs agents. (They also need to fill vacancies in the Immigration and Refugee Board, and to give them additional resources, but that hasn’t been happening expeditiously either). And yes, this is something that Conservatives can share in the blame with as well, because they cut CBSA to the point where they were having to suspend a number of programmes like screening for drugs being exported, and they had to let go of most of their sniffer dogs because they no longer had the budget. Will this light a fire under the government to properly rebuild their capacity? We’ll see. They insist they’re re-investing but it may be of little use if the situation sounds as dire as it is right now with these rotations in and out of the border crossing.

Continue reading →