Category Archives: Political Roundup

What’s going on in Canadian politics

Roundup: Not just a golf game

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The top brass of the Canadian Forces shot themselves in the foot – metaphorically – yet again this weekend as both the outgoing vice-chief of defence staff and the head of the Royal Canadian Navy both went golfing with former CDS, General Jonathan Vance, while Vance is under active police investigation. To call it tone-deaf is an understatement – rather, it highlights the old boys’ club mentality that still pervades the upper ranks of the Forces, and sends the wrong message to the victims of sexual misconduct, who remain the subordinates of these officers. And to make the optics even more nightmarish, the vice-chief technically has the power to issue orders to the Provost Marshall, who controls the military police.

https://twitter.com/leahwest_nsl/status/1404114717405286401

https://twitter.com/JessMarinDavis/status/1404192298905264128

You can get that there was an outcry, including from numerous Cabinet ministers, and in short order, there were apologies from those involved, while the minister of defence, Harjit Sajjan, said that he would be evaluating “next steps” in this particular situation.

https://twitter.com/leahwest_nsl/status/1404262974504812545

To the point that West (who was drummed out of the military because of the double standard around sexual misconduct) is making in her tweet, there is very much a growing trend of professionally-crafted apologies going around given where things have gone over the past year or so, and I have to agree with this take that we need to take this into account as yet more of them are delivered over the coming days.

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Roundup: C-10 shenanigans have poisoned the well of our parliament

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Because things around Bill C-10 couldn’t get any more ridiculous, we now have news stories about Michael Geist getting the vapours about how amendments are being rushed through committee in a “secretive” manner, as though he’s never witnessed a clause-by-clause debate before. And to an extent, what has happened with that committee is the result of a complete breakdown of how it should be operating, forcing the government to impose time allocation on the process – a rare manoeuvre at the committee stage – because it has become so toxic. And with the whips intervening, this turned into essentially a forced meeting that the chair himself objected to, but again, this whole process has become so toxic because of partisan gamesmanship.

First things first ­– Geist’s vapours are more or less melodramatic, because there are still several other opportunities to see what amendments have been agreed to – the final committee report, which goes to Report Stage debate in the Chamber, where the full Commons can vote to accept or reject those amendments. And then there is third reading. If anything, particularly egregious is in there, it can still be caught and amended, and while rare at those stages, it is possible. And then there is the entire Senate process, where they can hear from yet more witnesses in their own committees on the amended version of the bill, and given that this particular iteration of the Senate is far more activist and interventionist, we can bet that there will be more impetus for amendments there (which could force an awkward contest of wills around those amendments given that they’d have to go back to a Commons that has risen for the summer, and at a time when nobody in this city can shut up about election speculation). Nevertheless, the point stands that there are several avenues yet for more amendments to this bill than what happened at the Commons committee.

The bigger point here, however, is that the reason this process became so toxic was because the Conservatives took a fundamentally – nay, existentially – flawed bill, and decided that instead of engaging its actual flaws, they would invent a whole litany of straw men and red herrings, and try to get the country up in arms over fictional provisions that they pulled out of their asses and held them up as effigies to be burned in protest. It’s a bad bill – it never should have placed under the Broadcasting Act because that statute deals with the assumption of the limited bandwidth of TV and radio, and trying to apply it to the internet is largely unworkable. This is a legitimate criticism that should have been debated, but instead, we got this fabrication of an Internet Czar who is going to be vetting your tweets and Facebook posts, and dark visions of Orwellian censorship at the hands of the CRTC, which is not even remotely plausible. But they went full-tilt with this insanity, and just completely poisoned the well of parliament along the way.

The government is not blameless here either – the minister’s communication around the bill has been nothing short of a disaster in English Canada, and his stumbles have been extremely damaging, but he’s been given a long leash because this is playing well in Quebec (where discoverability is a huge vote-getter because they do have difficulty finding Quebec and Canadian content in French – pointing to how the debate on this bill has been hugely built on what I’m going to dub “Anglophone privilege.”) We could have had a constructive debate around this bill. But we didn’t. A mountain of lies was countered by communications incompetence, and after six weeks of absolute shenanigans at committee, the government had enough and brought the hammer down. None of this needed to happen, but apparently we don’t have enough grown-ups in our parliament, and that’s just a sad, sad state of affairs.

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Roundup: Ford turns to the Notwithstanding Clause – again

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The sudden comfort with which premiers are deciding to invoke the Notwithstanding Clause is getting a bit uncomfortable, as Doug Ford decided he needed to invoke it after a court struck down his attempts to limit third-party spending in provincial elections in a somewhat arbitrary fashion (given that unions get together to form American-esque political action committees in this province). While you can find a great explainer on Ford and his particular legal challenge in this thread, the more alarming part is the apparent need to reach for the “emergency valve” of the Clause before even appealing the decision to the Court of Appeal or the Supreme Court of Canada.

There is a perfectly legitimate reason why the Notwithstanding Clause exists, which as to do with keeping a certain amount of parliamentary supremacy in lawmaking, and it gives governments an avenue of recourse if there is a fundamental disagreement with a court’s interpretation of legislation. But lately, it’s being invoked by premiers who know they are trying to push through objectionable legislation – François Legault did it with Bill 21, which the courts have essentially said blocks their ability to strike down any portion of the law, and he’s doing it again with his Bill 96 on trying to obliterate any bilingualism in the province (the same bill that seeks to unilaterally amend the federal constitution). Ford had threatened to invoke it to ram through his unilateral changes to Toronto City Council while they were in the middle of an election, but ultimately didn’t because of a court injunction, and his decision this time is similarly dubious. This willingness to invoke the Clause at the first sign of court challenge or on the first defeat is a very big problem for our democracy, and we should be very wary about this abuse of power, and punish these governments appropriately at the ballot box during the next elections for these decisions.

https://twitter.com/EmmMacfarlane/status/1402715067083280387

In the meantime, here’s Emmett Macfarlane with more thoughts on the court decision that led to this turn of events.

https://twitter.com/EmmMacfarlane/status/1402711628978720772

https://twitter.com/EmmMacfarlane/status/1402712563960455173

https://twitter.com/EmmMacfarlane/status/1402713058913525761

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Roundup: Craven for Quebec votes

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The day was marked by reflection on the part of political leaders on the hate crime that took place in London, Ontario, that killed a Muslim family, along with vows to do better. Of course, within each of those was their own particular issues. As much as Justin Trudeau insisted that this was a “terrorist attack” before such a designation could be applied by means of police investigation, he also vowed to keep dismantling far-right groups, patting himself on the back for the designation of the Proud Boys as a terror group, even though that really just drove its membership underground. Erin O’Toole steered clear of his party’s recent history of dog-whistling and the absolute histrionics they engaged in around M-103, which you may recall was to have a parliamentary committee deal with the issue of Islamophobia in Canada. (Conservatives and their defenders will point to a similar motion on systemic racism that the Liberals voted down, ignoring that the motion was essentially the parliamentary equivalent of “all lives matter”). Jagmeet Singh loudly wondered how many more attacks needed to happen before the government did something about it, though there are limits to what the federal government is able to do, and they have been putting resources into their anti-racism strategy.

But the part that really reflects poorly on Trudeau is the fact that at his media availability afterward, he was asked if he thinks that Quebec’s Bill 21 (dubbed their “secularism” law but really disproportionately attacks Muslim women) fosters hated or discrimination, and he said no. We’re not sure if he was simply saying no about the hatred part, given that he has called out the discrimination inherent in said bill before – but he also still hasn’t taken any moves to combat it, apparently waiting for it to reach the Supreme Court of Canada before he’ll intervene. Which is more than the other leaders would do (well, Singh has reluctantly said he also might intervene at the Supreme Court if he were prime minister, but that’s after being pressed). Trudeau also mused that perhaps all of the mask-wearing in the pandemic will change Quebeckers’ opinions on religious symbols and face-coverings, but apparently François Legault is not moved. Either way, it’s a sign that every federal leader is way too craven to stand up to Legault on this because they’re all eager for Quebec votes, and that’s pretty gross all around.

https://twitter.com/AaronWherry/status/1402432194564526080

To that end, Susan Delacourt calls out Trudeau, O’Toole and Singh for their refusal to discuss Bill 21 (or in O’Toole’s case, acknowledge their past dog-whistles about “veiled voting” and “barbaric cultural practices tip lines”), and praises the courage of that former PC candidate who acknowledged the racism of his community that he shrugged off at the time.

https://twitter.com/MikePMoffatt/status/1402313600602157058

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Roundup: Chalk up another moral victory

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The NDP did what they are very good at yesterday, which is to get a non-binding motion passed in the House of Commons, and declare a moral victory in spite of the fact that it does little more than make a statement. In this case, it was their Supply Day motion on calling on the government to drop their litigation on both the Canadian Human Rights Tribunal decision around First Nations children taken into foster care, while the second is round survivors of the St. Anne’s residential school. The Cabinet abstained from the vote, while most Liberal backbenchers voted for it – agreeing in principle to parts of the motion, and making a statement, but not binding the government to do anything. And while the NDP pats themselves on the back and says that they are “forcing” the government to drop the litigation, it does no such thing. It was merely the House of Commons voicing an opinion.

Part of the problem is that there is very little ability for people to discuss what the litigation is actually about in a meaningful way. According to Singh and company, this is about “taking First Nations kids to court,” which isn’t it. As a lawyer, Singh very well knows that there are complex issues that governments are obligated to sort out, especially if there is a bad precedent that it can set. In the case of the Tribunal decision, the government says they will pay compensation – and they are negotiating with two other class action lawsuits on similar matters to do just that – but the Tribunal ordered individual remedies for a systemic claim, which it should not be able to do, if the logic holds from previous Supreme Court of Canada jurisprudence that said that they could not offer systemic remedies for individual claims. The government, however, mumbles about the jurisdiction of the Tribunal rather than explaining this, and it means they look like the bad guys. With the St. Anne’s case, I’m less familiar but the government’s line has been that they are seeking clarity on some five percent of survivors who have not yet been compensated, and in some of those cases could be getting more compensation for some of those five percent – because complex issues can require complex litigation to solve.

Unfortunately, that’s not what most journalists will sort out. Instead, we get the usual both-sidesing of this, where you get the advocates insisting the government is being “incomprehensible,” and the government gives some pat talking points, and they leave it at that. It’s why, for the Tribunal litigation, I went and talked to law professors and got some outside perspective on what the issues actually are, and why they matter for a government to bother litigating them. We’re being failed because most journalists are too incurious to sort the issues out, and that’s a problem. Legal stories are complex, but they deserve some attention paid to them so that we’re not left with the misleading narratives that are now being allowed to circulate unchallenged. Media needs to do better.

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Roundup: Misconduct at CBSA? You don’t say!

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It was not really a surprise to see the news that misconduct investigations of CBSA officers has increased over the past year – even in spite of travel volumes being down precipitously over the last year – and cases included things like interfering in an immigration process, belittling clients, abusing authority and sharing private information. Partly why this isn’t a surprise for me is because I’ve been tracking some of this for a while – I’ve heard horrific stories from lawyers, and from the Senators who have been pushing for independent oversight for CBSA for years.

That independent oversight still hasn’t happened. There have been numerous bills introduced in Parliament to provide it, and the most successful to date was a Senate initiative to create an Inspector General for CBSA. This was something the Liberals used to be in support of. Ralph Goodale was set to sponsor the bill in the Commons, until he became minister for public safety, then suddenly wouldn’t touch it with a bargepole. When the bill passed the Senate unanimously, no one in the House of Commons dared to sponsor it there, MPs on the Liberal side having been warned away, and Conservatives were certainly not going to sponsor a Senate Liberal bill (and the Bloc and NDP most certainly were not either). The Liberals did introduce a weak sauce version of an oversight bill at the end of the previous parliament, with no time for it to go through, then again early in the current one, which died on prorogation and hasn’t been introduced since. That version would put CBSA under the RCMP’s Civilian Complaints and Review Commission, but for all intents and purposes, CBSA would still be investigating itself, meaning that the oversight is certainly not independent (and the CCRC is having a hard enough time getting the RCMP to sign off on its own complaints, which can’t be formalized until such sign-off).

The political will for this seems to be non-existent, which is strange, considering that the Liberals did reimplement plenty of other oversight for national security institutions like CSIS and CSA, and while some of CBSA’s activities call under the ambit of the new national security oversight bodies, it doesn’t capture the oversight of all of their activities. There are known problems with CBSA, and it’s unthinkable that a law enforcement body like it doesn’t have proper civilian oversight. The disconnect is unfathomable, but puts another mark in the column of Liberals being weasels about their promises once again.

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Roundup: Liberals being weasels about “open nominations” – again

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Remember back before the 2015 election when Justin Trudeau declared that the Liberals would be a party of open nominations? And then how he weaselled out on that after the election in order to protect nominations when they had a majority? And even after that, decided to trigger their “electoral urgency” rules in advance of the 2019 election, even though they knew the timing of it years in advance and could have actually let those nominations happen? Well, they are being weasels again, and just triggered the “electoral urgency” rules once more.

Of course, because there are only three narratives to choose from in most media outlets, this was seen as “more proof” that there’s going to be an election this fall, especially when combined with the fact that MPs agreed to hold a take note debate session on the 15th that will allow MPs who have opted not to run again to give a farewell speech. It’s all proof! Erm, except that this is a hung parliament that will have reached the two-year mark in the fall, making an election far more likely, so it’s a convenient time to hold such a session, given that it certainly wouldn’t happen after a confidence vote to bring down the government. I remain unconvinced that the Liberals are planning to dissolve parliament by the end of summer on a flimsy excuse, but then again, I generally don’t subscribe to the Three Narratives.

This being said, this weaselly behaviour around nominations is unsurprising given the trends in this country, and where the party has been headed. They did it in 2019, and at the end of last year, they did away with open nominations for the two by-elections and simply appointed candidates outright, never mind that there was interest from others in each riding and they could have held competitive races, yes, including in a virtual situation. We’ve seen all parties behave in ways that are undermining the democratic process by gaming nominations – Samara Canada wrote a report on it. (Samara was also credulous about the NDP’s claims about open nominations in 2011, in spite of all of the evidence of paper candidates who never even visited the ridings, never mind having run in an open contest, but that’s neither here nor there). The point is that this kind of behaviour is toxic to the long-term health of our system of government, and it needs to be countered and pushed back against. Unfortunately, because the media is hung up on the “early election” narrative at any opportunity, they never actually hold the parties to account for their undemocratic behaviour, and we’ve allowed it to get to this point. This is a very bad thing, and we should be pushing back and demanding proper, open nominations from all parties, no matter how inconvenient it may be in a hung parliament.

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Roundup: Trying to politicize NSICOP

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The fight for documents related to the National Microbiology Lab firings from 2019 has been intensifying in the House of Commons, both in the Conservatives working on a privilege fight over access to unredacted documents, but also in the way they have been treating the National Security and Intelligence Committee of Parliamentarians (NSICOP). While not perfect, NSICOP is at least some level of oversight of the national security apparatuses of this country by parliamentarians (though not an actual parliamentary committee), which is more than existed previously. They have tried to dismiss it as somehow partisan, which it’s not – all parties are represented on the committee (though the Bloc seat is currently vacant), and say that the prime minister’s office controls it (as it’s an executive body and not a parliamentary one). But they have the power to have their members resign in protest if they felt that the PMO was bigfooting them, and they haven’t, which means that these objections are about politics – particularly as they are building a bunch of bullshit conspiracy theories around the two firings in order to score cheap points.

As a reminder, the Conservatives were dismantling some of the national security oversight, neutering the Inspector General at CSIS and making poor appointments to the only other real civilian oversight of national security agencies in the country. This is at least a point in Trudeau’s favour – he overhauled and strengthened the various oversight mechanisms of all of these bodies, including the creation of NSICOP, which does valuable work.

With that in mind, here is Stephanie Carvin with some thoughts on this fight, and check out this thread from Philippe Lagassé for more thoughts as to how NSICOP is currently structured and how it compares internationally.

https://twitter.com/StephanieCarvin/status/1400446108376174594

https://twitter.com/StephanieCarvin/status/1400446110653689856

https://twitter.com/StephanieCarvin/status/1400446112931225601

https://twitter.com/StephanieCarvin/status/1400446115099680773

https://twitter.com/StephanieCarvin/status/1400479339528003594

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Roundup: The choice of patios over schools

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Days after Ontario premier Doug Ford put on a dog and pony show of consulting scientists, health experts and educators about whether to re-open schools for in-person learning for the remainder of the school year, demanding consensus, Ford declared yesterday that he was going to cancel those classes – but he wanted all grades to have an outdoor graduation at the end of the year. This genius suggestion apparently came from a letter he got from a child, and he immediately headed to said child’s home to discuss it. That’s right, Ontario – not only is this province run by incompetent and unethical murderclowns, but they’re taking policy suggestions from literal children.

Pouring salt into the wound, Ford is now trying to push up his re-opening dates for the economy, immediately contradicting his handwringing that schools are too unsafe because of the variants of concern in the community, but those very same variants would be as much a threat to other businesses re-opening, so it’s neither credible nor cogent. And even if we’ve got good vaccination numbers, the hospitalisation and ICU numbers are still way too high to consider any kind of re-opening, or we’ll just repeat the same pattern we did with the previous two waves of this gods damned pandemic. But hey, he wants people to have a beer on a patio.

And we need to keep this in mind, especially when it comes time to hold Ford to account at the ballot box – he made these choices throughout the pandemic to delay, to take half-measures, to not make schools safe, to do simply try to blame-shift rather than act on areas that are under his responsibility, to sit on federal funds rather than spending them immediately and effectively to do things like expanding testing and tracing, and the economy wasn’t any better off as a result. It’s on him, as these were his choices.

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Roundup: O’Toole’s big corporate Pride energy

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For the start of Pride month, the Conservatives decided to go all out to show just how down they are with The Gays these days, starting with a video that Erin O’Toole put out to talk about how great diversity is, and how he joined the military to defend rights, and so on. At the same time, MPs Eric Duncan, Michelle Rempel Garner and Bernard Généreux held a press conference to decry the MSM blood deferral period and put forward an unworkable proposal to lift it (watch for my story on this later today), and pledged to go hard on this issue for the whole month – as though there is nothing more pressing for the queer and trans communities to deal with. Of course, when asked about whether O’Toole’s pledge during the leadership contest to only attend Pride festivities where police are allowed to march in uniform stands, Rempel Garner prevaricated and refused to answer, but probably most ironic of all was Duncan declaring that the Liberals were only interested in virtue signalling – even though he was doing exactly that, knowing that Canadian Blood Services is arm’s length and the minister can’t interfere (and make no mistake, the Liberals should be held to account for making a promise they couldn’t keep – twice).

As all of this is going on, several Conservative MPs have continued to argue against the bill to ban “conversion therapy” (sort of), and much of it is done with concern trolling and red herrings – that they oppose the practice but they have “concerns” about this bill, and debate on the bill still hasn’t collapsed so that it can go to a vote. And it’s hard to take O’Toole seriously that his party is suddenly cool with the gays when his own MPs are putting forward speeches that are vile with homophobia and transphobia (and that O’Toole had to pander to social conservatives to get his leadership win).

I’m not saying that the Conservatives can’t show growth on queer and trans issues, but they haven’t exactly been putting in the work to show these communities that they are actually allies – and the concern trolling and red herrings of the conversion therapy bill prove just that. Right now it’s all just words, and it’s complete virtue signalling, with O’Toole and company insisting that it’s the Liberals who are the real homophobes, not them, and that The Gays should switch their votes because the Conservatives are cool with them now. I’m not sold, they haven’t demonstrated any real understanding of the issues facing our communities – picking the literal smallest hill to die on with the blood deferral period – or why they deserve to be trusted. It’s like the same kinds of hollow corporate Pride sentiments all over again.

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