Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: A hopeless court case

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It’s one of the most predictable performative dances in Canadian politics, which is that when you lose at politics, you try to drag it to the courts to fight your battles for you. In this, case, a UBC professor (and local Fair Vote Canada) president wants to launch a Charter challenge around electoral reform. And in order to do that, he’s talking about getting pledges of around $360,000 in order to get through the legal process.

The problem? This is an issue that has already been litigated and lost. The Supreme Court of Canada refused to hear the appeal of the case that arose out of Quebec, which means it’s considered settled. The current electoral system is legal, it is constitutional, and while you get the odd prof here and there who tries to make an argument to the contrary, it’s settled law. And unlike some of the reversals we’ve seen the courts make over prostitution or assisted dying, there has been no great groundswell change in society that would justify the court in re-litigating the matter. In other words, he’s trying to raise money from people who are desperate to find a lifeline now that their political solution is gone that this is basically a scheme for lawyers to take their money.

This tendency to try and use the courts to overturn political decisions is a growing one, but it’s the same mentality as people who write to the Queen when they lose at politics. Have we had cases where governments have passed bad legislation and the courts have overturned it? Certainly. But political decisions are not bad legislation, and it’s not up to the courts to force governments to adopt what some people consider to be more favourable outcomes. It’s called democracy, and we have elections to hold governments to account for their political decisions. It’s also why I’m extremely leery of people calling for a cabinet manual, because it means that more groups will start trying to litigate prerogative decisions, and that’s not a good thing. It’s time these PR proponents let it go and try to fight it again at the next election. Oh, but then it might become clear that this really isn’t an issue that people care all that much about. Shame, that.

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Senate QP: Karina Gould brings the vague

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After the House of Commons voted down the NDP motion to condemn the government for abandoning their electoral reform promise, minister of democratic institutions Karina Gould headed down the hall to the Other Place to answer questions there. Senator Carignan led off, asking about her new mandate letter, and Gould answered in generalities. Carignan followed-up asking about her plans for reforming the Senate, and Gould mentioned the new appointment system put into her place by her predecessor, and that she was waiting to read the report of the Senate Modernisation committee and to work together.

Senator Frum asked about loopholes that allow foreign money to be used in elections by registered third parties, and Gould spoke circles around financing laws but didn’t give much in the way of an answer regarding a loophole. Frum pushed on the notion that there was a possibility of foreign funds getting into the system, and Gould said she would look into it but it wasn’t something she had really come across.

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QP: Disingenuous tax concerns

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Back from Washington, but only briefly before he heads off for Europe, Justin Trudeau was present for QP, but not all leaders were. Rona Ambrose led off, worried about the cancellation of tax credits hurting families. Trudeau responded by reminding her that they lowered taxes and were giving bigger child benefit cheques, tax free, to those who need it. Ambrose listed a bunch of taxes (of dubious veracity), and Trudeau reiterated his tax cuts to date. Ambrose raised the issue of a cancelled tax break for troops in Kuwait, to which listed the many sins of the past government when it came to the military. Ambrose reiterated the question, but Trudeau didn’t change his answer. Ambrose finished off demanding transparency for the true costs of the carbon tax — as though it were a federal thing — and Trudeau reminded her that it was revenue neutral federally. Jenny Kwan led off for the NDP, decrying the fact that Trudeau hasn’t condemned Trump’s racist policies. Trudeau didn’t take the bait, talking about jobs and trade, and when Hélène Laverdière tried again in French, Trudeau said that they need to be respectful in their disagreement, but the focus was on jobs and trade. Alexandre Boulerice worried that Trudeau made university students cynical over electoral reform, but Trudeau didn’t apologize, saying that he was acting responsibly and making voting easier. Nathan Cullen demanded an apology in English, and Trudeau reminded him of the other issues in the last election other than electoral reform.

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Roundup: How to dissect a handshake

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So, the Justin Trudeau-Donald Trump meeting happened, and we got our expected blanket coverage, starting with the handshakes. And how they were endlessly dissected, and made memeable.

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Trudeau and Trump then had a “working luncheon” with female business leaders, Trudeau having ostensibly recruited Trump’s daughter Ivanka to the cause. Around that time, Trudeau gave Trump a gift of a photo of his father having met Trump in 1981, while Trump said that he admired the elder Trudeau, though how well he actually knew Pierre Trudeau is somewhat in dispute. (and it’s exactly the kind of photo that would appeal to Trump’s vanity).

Later, during the press conference, there were two takeaways – that Trudeau wasn’t going to lecture Trump on how to run his own affairs, and that Trump felt they were only going to “tweak” NAFTA as far as Canada is concerned. Also, no talks of walls, and hints that maybe we’ll be exempt from “Buy American” provisions, while any talk of the climate change file was done in coded language.  Trudeau later met with the House Speaker and Senate Majority Leader before heading home, reminding each of the importance of trade with Canada in case they got swept up in any talk of border taxes or the like. Oh, and we’re being told that Sarah Palin won’t be named ambassador to Canada, so you can exhale now.

In commentary, we have Chantal Hébert considers it a first date that went well, while John Ivision asserts that flattery got Trudeau everything he needed out of Trump. Carl Meyer wonders how different things are in the Trumpocalypse from our own Harper years, pointing to the number of parallels. Paul Wells demonstrates how Trudeau used the photo of his father and the meeting with Ivanka to play into Trump’s particular instincts in order to gain the “insider” status that he needs to effectively deal with him.

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QP: Programming opposite Trudeau-Trump

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With Trudeau away at the White House, it was still surprisingly busy in the Commons with most of the desks filled, but not all of the leaders were present. Rona Ambrose led off with the case of Vincent Li, didn’t mention his schizophrenia, and worried about the government looking to end the bulk of mandatory minimum sentences. Jody Wilson-Raybould reminded her that the review boards determined when those found not criminally responsible were eligible for release and discharge when people were deemed not criminally responsible. Ambrose decried that Trudeau voted against Conservative legislation that would ensure that people like Li were locked up for life, but Wilson-Raybould didn’t take the bait, and spoke in generalities about the need for broader criminal justice reform. Ambrose then raised the issue of carbon taxes, claiming that they would lead to jobs flowing south, to which Scott Brison reminded her that while they have had positive job numbers, the global economy is sluggish and they were working to stimulate growth. Luc Berthold then rose for a pair of questions in French to demand that the government lower business taxes and cut carbon taxes. For his first question, François-Philippe Champagne reminded him of their focus on trade, and for his second, Brison repeated his previous response in French. Jenny Kwan led off for the NDP, demanding an end to the safe third country agreement, to which Ahmed Hussen told her that there was no evidence that the US travel ban was having an impact on the agreement. Hélène Laverdière pointed out the illegal border crossing happening, and Hussen repeated his point that the executive order had to do with resettled refugees, not claimants. Laverdière brought up the case of a Quebecker refused entry into the US, to which Dominic LeBlanc reminded her that the US has the sovereign power to decide who goes into their territory but people could bring up concerns with them. Jenny Kwan asked the same again in English, and got the same answer.

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Roundup: Brace for blanket coverage

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Today is the big day, and it’ll be wall-to-wall coverage of Justin Trudeau’s big meeting with Donald Trump, and we won’t be able to talk about anything else I’m sure. So here we go. At Trudeau’s meeting with Donald Trump he will apparently be seeking assurances on pre-clearance issues, while they will also be having a working lunch where the topic will be women executives. No, really. And the tone now is apparently going to be business instead of “love-in” (though I’m not sure anybody has had a love-in with Trump).

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The Conservatives are “pausing their hostility” with Trudeau in advance of the meeting, apparently showing solidarity in advance of it (though you wouldn’t have known it from QP last week). Here we have some advice from a former Canadian ambassador to Washington, while Anne Kingston wonders which version of Trudeau will be at the meeting. Marc Garneau, who chairs the Canada-US cabinet committee, says that today’s visit won’t focus on our countries’ differences. And Tristin Hopper offers some slightly tongue-in-cheek advice for the meeting.

And then there’s the historical context. Here’s a look at how previous PMs have dealt with unpopular presidents, and the lessons taken from Trump’s meetings with Theresa May and Shinzo Abe. Maclean’s has a photo reminder of meetings going back to the seventies.

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Roundup: Tough on the mentally ill

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Yesterday, news came out that Vincent Li (now known as Will Baker) was given an absolute discharge; he of course was the man who beheaded someone on a Greyhound bus in 2008 while in the midst of a psychotic episode due to undiagnosed schizophrenia. He was later deemed not criminally responsible because, as stated, he was not in his right mind when the incident happened, and has since received treatment and is unlikely to reoffend. And predictably, social media lit up with outrage, particularly from the Conservatives who declared this an absolute travesty and an insult to the family of Li’s victim, Tim McLean, and how this “proved” that our justice system cared more about the rights of criminals than it did the victims. Rona Ambrose brought this up in QP a few days ago, when Li’s release was pending, and not once did she mention the fact that he was diagnosed with schizophrenia and was found not criminally responsible. (In his response, Justin Trudeau didn’t either, for the record).

But here’s the really galling part. Just days ago, Ambrose and many of these very same Conservatives were all over social media for #BellLetsTalk Day, talking about how important it is to take away the stigma of mental illness. And now here’s Li, who is as much a victim in this as McLean was because he was mentally ill, and the Conservatives are considering him to be an unrepentant murderer because of his mental illness.

So what is it? Are you serious about having adult conversations about mental illness, even when it’s inconvenient to your political agenda of being “tough on crime” (never mind that the courts established that he wasn’t criminally responsible because he was mentally ill)? Or are you going to insist that people who were mentally ill and have received treatment remain locked up in perpetuity, thus “proving” why people with mental illnesses should be stigmatized and marginalized from society? Because it’s one or the other. You’re all looking like a bunch of hypocrites right now, and like you were lying to the Canadian public when you wanted to #BellLetsTalk about mental illness.

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Roundup: The spectre of a Leitch Party

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A rather remarkable exchange happened during Trudeau’s visit to Nunavut when he was pressed about his electoral reform promise. Trudeau responded to his questioner “Do you think Kellie Leitch should have her own party?” and laid out a realistic case where parties like that can hold enough seats to affect the balance of power in a parliament. His questioner was taken aback and “respectfully disagreed,” which isn’t surprising because the narrative we are always given when it comes to proportional representation is that it will give us nice left-wing coalition governments forever, which is certainly not the case, and we need to challenge that particular narrative more often, and to point to what’s happening in Europe right now. And to be honest, I’m glad that Trudeau is being a bit more forceful on this point about the potential rise of extreme parties and that such a system would be bad for Canada. Big tent parties have done a lot for this country, and have moderated a lot of regional tensions within them.

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Of course, Trudeau bringing up Leitch in such a manner could have unintended consequences of its own.

In a not unrelated note, Michelle Rempel was at an immigration conference in Montreal, and she noted her frustrations in bashing her head against her own party as much as she was with the Liberals that she is critiquing. And she made some very salient points in here about how we can’t pretend that we’re immune to populist rhetoric in this country, because we have a history of it bubbling up (hello 1993 election) and the sentiments still exist here where you have groups of disenfranchised people looking to blame Others. And this brings us back to why changing our electoral system to give incentives to these elements to form their own parties and try to win seats that they can use to leverage power is a very real and present danger. Add to that, there are concerns from experts in the field that the anti-immigrant rhetoric in the States is bubbling up here and fuelling a rise of racism in this country because it’s being seen as more socially acceptable.

So do we change our system to incentivise these voices to better organise and try to win themselves political leverage? Or do we do we maintain institutions and practices that have been successful in dispersing these elements because they know that there is no pathway to victory by pursuing it? It seems to me that it’s a fairly simple answer.

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QP: Manufacturing concerns

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With Justin Trudeau and several ministers off to Nunavut for meetings, none of the other leaders (save Elizabeth May) decided to show up either. Denis Lebel led off for the Conservatives, demanding to know the strategy to create jobs while maintaining links with the Americans. Chrystia Freeland noted her trip and said they were building relationships. Lebel decried the deficit going “out of control” and wanted to know if the government would end pension income splitting. François-Philippe Champagne fielded this one, praising tax cuts that the Conservatives voted against. Lebel worried about other boutique tax credits, and Champagne stuck to generalities about working for the middle class. Candice Bergen decried the possibility that dental and health benefits would be taxed because the government voted against their cutely worded opposition motion, and Champagne reminded her that the first thing they did was cut taxes, and then there was another round of the same. Jenny Kwan railed about the safe third country agreement for asylum seekers, to which Ahmed Hussen reminded her that the agreement has no bearing on the current situation. Laverdière asked the same in French, raising those 22 claimants who crossed the border at Manitoba, and got much the same answer. Laverdière then asked about that Muslim family stopped at the border and denied entry into the States, and Ralph Goodale said that the local MP was on the case, and they were waiting for more information. Kwan asked the same again in English, and Goodale was more clear that he would follow up personally when presented with the facts.

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Roundup: A petulant motion

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The degradation of Supply Day – otherwise known as “opposition day” – motions continues apace as the NDP have chosen to be completely petulant about their day today, using their motion to get the House to say that the government misled them on their promise to end First-past-the-Post and call on the government to apologise. It’s petty and cheap, and it’s going to be no fun for the Liberals on House duty to have to eat some of their own words on the need for electoral reform, but that doesn’t excuse the fact that this is not what an opposition day motion is supposed ot be doing.

As a quick refresher, the purpose of Supply Days is for the opposition to demonstrate why the government should be denied supply – meaning the money that they want to spend to run the government. In other words, the day is to be spent arguing about why the government shouldn’t be spending money they’re asking taxpayers for. It’s part of the job of the House of Commons in holding the government to account by controlling the purse strings, which government can only spend with their approval. But that’s not how it works anymore. Now, it’s any topic under the sun.

The Conservatives have been engaging in their own shenanigans with supply days, arguing one this week that was supposed to be about getting the government to agree not to tax health and dental benefits, but because they wanted it to be defeated, they got cute with the wording so as to proclaim that Canadians were too burdened with taxes and so on, knowing the government wouldn’t support it. And when they defeated it, they took to Twitter and QP to decry the government not ruling out taxing these benefits despite the fact that they had stated clearly that they would not. But hey, why not play silly buggers with parliament’s time?

Even worse than motions designed to get the government to vote it down by using cute language are the “mom and apple pie” motions designed to get the government to support them in the hopes of embarrassing them into taking action on a file, and as happened so often during the Conservative years, the government would support the motion, pat themselves on the back, and then do nothing while the NDP howled about it to little effect. It was a government that had no shame, but it was a too-cute-by-half motion to start with.

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Like Philippe Lagassé says, less theatrics, more accountability. And that’s exactly what we’re not seeing in any of these motions, when it’s the fundamental job of every MP in the Commons.

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