Peter MacKay apparently misspoke during Question Period yesterday. Whether it was a Freudian slip, or an inability to read the script he’d been provided, it certainly raised eyebrows as he stated that Justice Robert Mainville would be a great pick for the Supreme Court, when Mainville was being moved from the Federal Court of Appeal to the Quebec Court of Appeal. The move had given rise to speculation that it was an attempt to put him in place to move to the Supreme Court when Justice LeBel retires in November, and MacKay all-but confirmed that was the intention, before he back-pedalled and said that he was simply referring to the fact that the Quebec Court of Appeal is the province’s supreme court – a fairly lame back track, and fodder for the court challenge being launched by the same Toronto lawyer that successfully challenged the Nadon appointment.
Author Archives: Dale
QP: To appoint or not to appoint to the Supreme Court
The last Monday of the spring sitting of the Chamber, and Thomas Mulcair and Elizabeth May were the only leaders in the Commons. Justin Trudeau was in Toronto to help campaign for the forthcoming by-elections, while Harper was, well, elsewhere. Mulcair started things off by asking about the government ignoring the advice on reforming suicide investigations in the military, to which Rob Nicholson insisted that he asked the military to account for the decision and to clear up the backlog, of which only ten cases out of 54 remained. Mulcair pressed in French, and Nicholson repeated his response. Mulcair brought up the Prime Minister’s appointment of a Federal Court judge to the Quebec Court of Appeal, and how this was being challenged by the same lawyer who challenged the Nadon appointment. Peter MacKay insisted that they made appointments based on merit, and listed off the accomplishments of that judge. Mulcair insisted that the government was meddling in Quebec’s courts, not that MacKay’s answer changed. Geoff Regan led off for the Liberals, asking about the decision on the Northern Gateway pipeline, imploring that it be denied. Greg Rickford gave his usual talking points that they were carefully reading a report and the decision would be made soon. Joyce Murray brought up the Request For Proposal that would come out for the fighter jet replacements between 2017 and 2019, and would this mean that an open competition would go ahead. Diane Finley insisted that no decisions had been made, and that they went through an independent process.
Roundup: New Bloc leader, almost the same as the old leader
The Bloc Québécois have chosen a new leader, Mario Beaulieu, who like their last leader, is not in caucus. And his rival, André Bellavance, who is a sitting MP, had the support of their three other MPs as well. No word if Beaulieu will try to get a seat before the next election in one way or another, or where he plans to run in the next election, which is kind of an important consideration. Beaulieu also wants to press hard on separatism, because sovereignty unites sovereigntists after all. Never mind that the loss of appetite for the topic helped to sink the PQ in the last federal election, he wants to press ahead with it. Already, Gilles Duceppe is mighty upset with Beaulieu’s comments about past leaders, and some high profile members, including some riding presidents, are already talking about tearing up their membership cards over Beaulieu’s comments and positions on certain issues. And we wonder why this constant idea of choosing leaders from outside of the caucus is of particular concern, and remains a bigger problem within parties than the narrative that these kinds of leaders bring in “new ideas.”
Roundup: A blow to cyber-surveillance
As what happens from time to time, the Supreme Court of Canada hands down a ruling and all of the government’s plans get messed up. Granted, that seems to be happening a lot more frequently these days, given that this government has a penchant for pushing the rules as far as they can and not listening to the legal advice they’re given. It happened again yesterday, with a unanimous ruling on a child pornography case that clarified the rules around warrantless access for online data – particularly metadata and ISPs. The Court has judged that these kinds do indeed constitute searches under the law, and that police need warrants (barring exigent circumstances, of course). This puts a huge hole in two government bills, C-13 and S-4, the “cyberbullying” bill and the digital privacy bill respectively, as both deal with data sharing including lawful access provisions. With the Court now having come down against lawful access – a decision being cheered by the new federal privacy commissioner as well as his Ontario counterpart – it’s likely to force the government to put the bills on hold (and indeed, they delayed further debate on S-4 in the Senate to consider the Supreme Court judgement). And hey, this might even mean that they’ll split the actual cyberbullying portions out of C-13 in order to “further consider” the next steps on the rest of the lawful access provisions that they were trying to get in under the rubric of “protecting children.” Then again, they could just as easily forge ahead and force yet another confrontation with the Supreme Court, as they seem intent on doing with everything else, in order to keep playing the victim card and fundraising off of it.
Roundup: Internal pushback on prostitution bill
One of the key Conservative voices on abolishing prostitution, Joy Smith, says that there are things she wants to see fixed in the government’s new bill, which are about the areas where sex workers themselves could still be charged, especially with the provisions around things like being near schools, given that there have never been cases that she’s aware of where sex workers have been trying to sell sex in front of schools in daylight hours. That said, she still wants the Nordic Model to go ahead, and produces conflated arguments around child prostitution, human trafficking, and the bizarre future dystopia where a woman can’t get EI unless she’s applied for work at a brothel, to back up her claims. Meanwhile, the Liberals have formally declared that they will oppose the bill, and listed their reasons why. Brent Rathgeber is also not a fan, seeing this as a cynical ploy to move the base against the courts, while only lawyers and social workers will come out ahead and sex workers won’t get any harm reduction. Even parts of the Conservative base aren’t that keen over the bill. Over in Maclean’s, Colby Cosh writes about where social conservatism and second wave feminism overlap on this issue of sex work, which is all about seeing women sex workers as all victims.
QP: Still making a decision
It was a rainy day in Ottawa, with the Ontario election going on, and the faint thumping sounds of the music being played at the nearby Franco-Ontarian Festival was heard through the walls on the Hill. Stephen Harper and Thomas Mulcair were present, while Justin Trudeau was off in New Brunswick to glad-hand with voters. Mulcair led off by pointing out that the expert review panel didn’t recommend the F-35s (indeed, they didn’t make any recommendations as it wasn’t their role), and would they hold an open competition. Harper stood up to say that they were still making a decision. Mulcair pressed and wanted the report made public, to which Harper reiterated that they were evaluating the report. Mulcair changed topics and asked point blank how many Syrian refugees were accepted into Canada, citing how Chris Alexander hung up on a CBC Radio interview yesterday. Harper responded that the number was over a thousand, before he slammed Mulcair and the NDP for their problematic spending. Mulcair kept at it, pointing out how many refugees other countries had taken in, but Harper reminded him that most of those displaced Syrians were temporarily displaced, and that they weren’t intended to be settled elsewhere permanently. Joyce Murray, leading for the Liberals, asked that the government turn down the Northern Gateway pipeline, to which Greg Rickford told her that they were still making a decision. Marc Garneau was up next and returned to the issue of the fighter jet replacement, and accused the government of being reckless with public money. Diane Finley assured him that the expert panel gave rigorous and impartial advice, which she thanked them for. Garneau demanded a fair, and open competition, to which Finley reiterated that they launched their Seven-Point Plan™.
Roundup: A very big repayment demanded
The Commons Board of Internal Economy has ruled, and the NDP have been determined to owe some $1.17 million for those improper mailings, $36,000 of which is owed to the House of Commons, the rest they need to work out with Canada Post for the abuse of their Franking privileges. The NDP, of course, are spitting mad, calling it the work of a hyper-partisan kangaroo court, and declaring that they will seek judicial review of this decision in the Federal Court. This is also before there is any decision made about their “satellite offices,” which could mean that they will wind up owing even more money, and I’m sure there will be even more threats of lawsuits and judicial review, none of which serves anyone’s purposes, though the NDP’s status as paragons of virtue is certainly being tainted by all of this. If nothing else, they are now sounding very much like another party that got in trouble for being cute with the rules – unless you have forgotten about the whole “In & Out” affair.
QP: Hudak math and Kijiji data
For the first time of the week, all three leaders were in the Chamber, possibly for one of the last times before the Commons rises. Thomas Mulcair led off by asking about cuts to job market research, wondering how it could be justified. Stephen Harper responded by insisted that it wasn’t correct and more resources had been diverted into the area, and by the way, we created one million net new jobs. Mulcair retorted with a crack about Hudak math, and looking for information on Kijiji, to which Harper noted that the information came from Statistics Canada. When Mulcair demanded that the hiring tax credit for small businesses be extended, Harper reminded them that they voted against that time-limited measure in the first place. Mulcair changed topics and moved to the fighter jet procurement, and if other companies could put in bids. Harper assured him that the report had not yet been considered by cabinet, but they would soon. Justin Trudeau was up for the Liberals, and noted that the previous chief of defence staff noted that the F-35 was not the only suitable plane for Canada, and whether the process was going to be open and transparent. Harper repeated that cabinet had not yet considered the report. Trudeau moved onto the Northern Gateway Pipeline and the widespread opposition to it. Harper responded that the government was in the process of reviewing the report of the National Energy Board, and they would be coming to a decision soon.
Roundup: Pushing back out of the gate
The new privacy commissioner, Daniel Therrien, went before the Commons justice committee yesterday to talk about the “cyberbullying” bill, and the moment that Therrien did his job and pushed back against the bill – pointing out the overreach into lawful access provisions, the lowered test for getting warrants, the lack of oversight mechanisms, and that the bill should be split so that the more technical aspects of those lawful access provisions could get more detailed study, the government lashed back, turning against him immediately with the bizarre accusation that he hasn’t been a police officer. Apparently because police demand more powers, the government feels that they need to fall all over themselves to provide them, no questions asked – despite the fact that we have a history of showing that when authorities are given new powers without adequate oversight that they tend to be abused (for entirely well-meaning reasons, no doubt). Also of concern is that information could be requested not only by peace officers, but also by “public officers,” which includes elected officials, certain airline pilots and fisheries officers. No, seriously. Peter MacKay, meanwhile, brings up the child porn defence for these new measures, despite the fact that he hasn’t provided an excuse for why they wouldn’t need a warrant to get this kind of information. As well, NDP MP Randall Garrison tried to put in an amendment to the bill to see that transgendered people are protected from hate – you know, like cyberbullying – and the government shot it down for no real logical reason. Well done, everyone.
QP: More questions on income splitting
With the three main leaders at the RCMP funeral in Moncton, it was due to be another relatively quiet day in the Commons. Libby Davies led off QP by quoting the Broadbent Institute report that said that income splitting won’t benefit nine out of ten Canadians. Kevin Sorensen said that income splitting was good for seniors, and that it would be good for families. After another fruitless round, Davis moved on to the procurement process for the fighter jet replacements, to which Diane Finley praised the independent review process that they undertook, but noted that they had not yet come to a decision. Sadia Groguhé repeated the same question in French and got the same response, her follow-up bringing up the promises for industrial benefits by some bidders, not that Finley’s response changed. Ralph Goodale led off for the Liberals, bringing up the middling performance of our economy, hoping for something more than “mediocre talking points.” He was, however, disappointed as that was all that Sorensen had to offer. Stéphane Dion closed the round, lamenting the changes to the Building Canada Fund that would mean most municipalities missing an entire construction season, though Sorensen kept up with his good news talking points.