Tag Archives: Appointments

Roundup: Sexts and extortion

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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.

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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.

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Roundup: Protecting parliament from court interference

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The decision in Mikisew Cree First Nation v. Canada (Governor General in Council) at the Supreme Court of Canada yesterday has been described in some cases as relieving the government of the Duty to Consult Indigenous communities when preparing legislation, but I think some of that misses the very real issue of the separation of powers and parliamentary privilege – particularly when the news channels would immediately trot out Indigenous lawyers to say that this was an infringement on the Duty to Consult, and that it was a “missed opportunity” to get legislation right, and so on. (And lo and behold, here’s Pam Palmater to argue just that, and I find her analysis flawed). In fact, the CBC piece on the decision buried the aspect about separation of powers at the very bottom of the piece, despite the fact that it’s at the heart of the ruling.

To recap, the separation of powers is the doctrine that the executive, legislative, and judicial branches have different roles and you shouldn’t have them meddling in one another’s business, which is exactly what the case was proposing to do – to allow the courts to weigh in on legislation before it’s been passed, or in this case, even been drafted. That’s a huge overreach by the courts, and a giant infringement on parliamentary supremacy. Why that’s especially important is because we’re seeing a growing movement of people who try turning to the courts when they lose at politics, which is very bad for democracy. (In fact, it appears that the Mikisew are engaging in a bit of that very thing here, objecting to the changes to the changes to environmental assessment legislation). If the Mikisew had their way, it would allow for the courts to weigh in on the legislative process at all points, which not only makes legislation impossible, but it means that parliament can no longer govern its own affairs, which is a very bad thing. Of course, there were many differences of opinion between the justices as to how this all shakes out, but they all agreed that the courts have no role in interference in the legislative process, and I don’t think that was highlighted nearly enough.

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This being said, they did affirm that the Duty to Consult is still necessary – just that it didn’t need to be mandatory before drafting legislation. Smart governments who take the Duty seriously would do so in the planning stages of legislation, and there are opportunities to engage in consultation during the legislative process, particularly at committees, when amendments can be proposed that would assist with accommodation. Emmett Macfarlane also suspects that we could see the Senate take a more active role in ensuring proper consultation as it weighs in on bills as well, which could be an interesting evolution in the Senate’s activities as we move forward with its “new” characteristics.

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Meanwhile, Philippe Lagassé digs into Justice Brown’s reasoning around the Crown’s distinct capacities. Here is a thread from Emmett Macfarlane on his thoughts on the decision. And here’s University of Ottawa law school vice dean Carissima Mathen to explain the decision.

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Roundup: Keeping up with vacancies

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Of all the places where the current government seems to have lapsed in their basic competencies, the most obvious tends to be their appointments process, and most especially when it comes to making judicial appointments. I’ll grant you that it’s more difficult than it can seem, especially when you are not only balancing the need for new judges with specific skillsets and linguistic capabilities (because you do need a certain number of minority-language speaking judges in every province), before you get to the issues of diversity, and the laudable goals of getting more women and visible minorities on the bench. What has made it more difficult is a process that relies on application rather than nomination, and this continues to be an ongoing saga. And while the courts have been adapting in the post-Jordandecision landscape by ensuring that criminal trials are getting precedence, it means that civil trials are falling to the wayside, and that has its own set of problems.

The Star delves into this problem, with a particular focus on Toronto-area vacancies, where they are chronically behind the number of judges they should have, and where the number that just got appointed will be offset by retirements within weeks. (As an aside, there is a push to get the complement of judges in the GTA increased further, because the total number has been deemed to be insufficient by the local bar). And what is perhaps most disconcerting here is that the minister keeps insisting that there needs to be broader culture change in the court system, not just more judges (when seriously, they’re looking for a full complement to start). I’m not sure that anyone disputes that culture change needs to happen, but the appointments are a pretty low bar that a government should be able to meet. And yet.

This having been said, there is some talk now that we may see more frequent appointments being made as cabinet starts meeting more regularly as Parliament resumes, given that Cabinet needs to approve these names for appointment. So maybe that will happen. But given the pace at which these things have happened, you’ll forgive my skepticism.

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Roundup: Negotiating in good faith

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After another day of drama, there is no NAFTA deal, and talks have been suspended until Wednesday. And what drama there was, when off-the-record comments that Donald Trump made in an interview with Bloomberg were leaked to the Toronto Star, who published them, which showed Trump bragging that he wasn’t negotiating with Canada in good faith, and later in the day, he confirmed the remarks over Twitter with the note “at least Canada knows where I stand.” (Speculation now stands in that he deliberately leaked the comments). The revelation of the comments no doubt put a strain on the talks, but Chrystia Freeland later noted that she was negotiating with Robert Lighthizer, not Trump, and he was negotiating in good faith. So a little wedge in there, in any case. But in the end, Freeland insisted that we are close to a deal, so we’ll see once the long weekend is over and tempers cool a little.

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Meanwhile, here’s a look at the issue of Chapter 19 – arbitration – that the Americans want scrapped even though it’s been as useful to them as it has been for us, so it’s a demand that makes no sense. Also, here are other things to look for when a deal is concluded, and what areas that we have made concessions on and what it means.

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Roundup: Senate constituency office?

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Independent Senator Dan Christmas has opted to open a “constituency” office in his local Mi’kmaw community in Nova Scotia in a bid to be more accessible. Which is all well and good, but the CBC piece that reported on this is atrocious. Embarrassingly so.

The article refers to Christmas as a “member of the Canadian government” which he explicitly is not. Being a member of government means being part of Cabinet, which Christmas certainly is not. In fact, as a senator, his job is to hold government to account. That’s not talked about in here at all. I’m also not sure what he hopes to use the office for, because senators traditionally don’t do the kinds of constituency work that MPs do, such as acting in an ombudsman-like capacity for constituents having trouble dealing with the civil service (particularly with immigration files, which is a huge problem). And it’s not like he’s the first senator to do so – I recall Senator Mike Duffy making a big deal about doing the same thing in PEI (which I can’t recall if he ever got around to actually doing, or if it was simply a stated intention that some of the usual pundits went around congratulating him for), and Senator Bob Runciman had a constituency office as well. Regardless, the article doesn’t really give much of a sense of his plans for the office – just that he wants to be visible in his community and that he wants to be a kind of “ambassador” to Ottawa from the Mi’kmaw, which again, not really an apt analogy because he doesn’t represent that government in any capacity. I am forced to wonder if this is a result of a lack of understanding of his role because, as an Independent senator, he lacks much in the way of proper mentoring from established senators, but again, I remain mystified, and we’ll see how long this lasts before he realises he could better spend his office budget doing things that are of more utility.

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Roundup: Sore loserism and entrails

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If you had any money riding on who would be the first to whine that Thursday’s election result was a signal that we need electoral reform, and if you chose Elizabeth May, well, collect your winnings. I spent much of Friday responding to this nonsense, but I will reiterate a couple of points – that if you blame the system because your party did not do better, you’re already missing the point. We’ve seen it happen time and again that when a party has a message that resonates, it’s the non-voters who come out, not the committed party base, and we had increased turnout on Thursday night which meant that people were motivated to throw the bums out. Similarly with Trudeau in 2015 – a significant uptick in voter turnout because they had something that they wanted to vote for/throw the bums out. This matters, and whinging that the system isn’t fair is missing the point entirely. The system works. It needs to be allowed to function the way it was intended. What doesn’t help is using a false number like the popular vote in order to make it look like the system is unfair in order to justify your disappointment is the epitome or sore loserism.

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In terms of reading Thursday night’s entrails, here’s Paul Wells taking a detailed look at the three campaigns and how each succeeded and failed in their own ways. CBC has a look at how Ford’s use of simple and vague messaging made him look sensible to an angry population. Robert Hiltz looks at the ways in which the Liberals defeated themselves by their craven attempts to hold onto power. Nevertheless, Wynne’s surprise concession days before the election may actually have saved the seats the Liberals did win, according to exit polling done, so that particular strategic calculation may have actually paid off.

Jen Gerson wonders if Doug Ford’s win isn’t akin to a Monkey’s Paw curse – getting what you wish for at a terrible price. Andrew MacDougall wonders what Ford’s win means for modern conservatism given that Ford isn’t really a small-c conservative, nor were his outlandish promises. Similarly, Chris Selley looks at the phenomenon of Ford Nation, the Harper Conservatives that surround him, and the way that Andrew Scheer has suddenly attached himself to the cause. Andrew Coyne (once you get past the griping about the electoral system) warns politicians and pundits not to overread Thursday’s results (hey federal Conservatives and your crowing in QP on Friday – this especially means you), and further wonders if Ford will pull a “cupboard is bare” routine to keep carbon pricing to use the revenues. Jason Kirby mocks up what Ford’s first speech might look like, by referencing earlier speeches about bare cupboards.

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Roundup: Curiously speedy swearing-in

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With the final vote in the Senate today on the cannabis bill, there have been a few interesting developments, starting with the fact that the government has been making appointments – there was one on Friday, and two more were announced yesterday, and what’s even more curious is how fast they are being sworn in. The two named yesterday will be sworn in today, while the one named Friday was sworn in Monday is already voting on amendments to C-45 despite not having been there for any of the debate or committee testimony. Normally when senators are named, there are a few weeks between their being named and being sworn-in so that they can get all of their affairs in order, which makes this curious, and like it’s looking like Trudeau has been making panicked appointments with the fate of C-45 in the air. And what’s even more curious is the fact that it’s not the Conservatives who are the problem, since they don’t have the numbers to defeat it, but it’s the independent senators who are no longer voting as a bloc but have swung different amendment votes in different ways.

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Of course, Conservatives are already promulgating the conspiracy theory that because the provincial nomination committees are largely vacant that these are all hand-picked by the PMO, but in truth, the PMO is sitting on over a hundred vetted names on the short-lists, and these new appointments are all coming off of those lists, where they’ve been languishing for months. So not a conspiracy – just poor management to the point of incompetence.

Meanwhile, some 40 amendments have been passed, with several more defeated, and the government engaged in a bit of deal-making to assuage the concerns of Indigenous senators who wanted to put in an amendment to delay implementation until more consultation with Indigenous communities had been done. The health and Indigenous services ministers instead offered a number of measures and funds to ensure there was access to production, and culturally-appropriate addictions treatment services. One Conservative senator accused those Indigenous senators of capitulation, before she was slapped back by Senator Murray Sinclair for her patronising tone. One could argue that this means that the government is listening to the concerns that are raised, so we’ll see how much follow-through there is.

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QP: Investing in assets

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While the prime minister was away after this morning’s major announcement on the government decision to acquire the Kinder Morgan Trans Mountain pipeline, all other leaders were present — for a change. Andrew Scheer led off, mini-lectern on desk, and he railed about the Trans Mountain announcement, before demanding to know that it wouldn’t cost more than the $4.5 billion. Bill Morneau responded with a bit more fire than we usually get from him, decrying the audacity of the Conservatives for demanding the pipeline get built and then complaining when they assured it would be. Scheer offered some revisionist history when it comes to governments paying for pipelines (there is in fact a long history of it), and Morneau reiterated that the project was in the national interest. Scheer played the economic nationalist card in that $4.5 billion going to “Texas” shareholders, and Morneau repeated the points about jobs and the economy. Alain Rayes took over in French, and demanded to know how much it would cost taxpayers, and Morneau repeated that it was important to invest in the project, that their investment ensured it would be completed. After another round of the same, Guy Caron got up to rail that this investment was a betrayal, rather than investing in the clean economy. Morneau said gave the usual line about the environment and the economy going hand-in-hand, and that while they invested in clean energy, this project was still necessary. After another round of the very same, Nathan Cullen got up to ramble sanctimoniously about what was in the public interest, and Morneau reminded him that they went through a robust process, and that people need to respect the rule of law. Caron piled on more sanctimony, and Morneau made points about stepping in between provincial squabbling.

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QP: Digging up a dead horse

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As spring snow fell over Ottawa, Justin Trudeau was in Paris on an official visit, while Andrew Scheer was in Calgary rather than be in Question Period. That left Lisa Raitt to lead off, dredging up the long dead and buried horse of Justin Trudeau once saying that the oilsands needed to be phased out (never mind that he clarified it was a long-term goal in moving toward a decarbonized future). Jim Carr responded that they approved Trans Mountain and have reiterated their support for it continually. Raitt worried about industry uncertainty and the “flight” of capital from the country, to which Carr reiterate that the uncertainty wasn’t coming from them but one province, and that they are having discussions with Kinder Morgan to ensure there was investor certainty. Raitt worried that this lack of confidence was coming from the federal government’s inaction, but Carr reminded her that her government didn’t get a single kilometre of pipeline built to tidewater. Gérard Deltell took over to re-ask the “phased out” question in French, and Marc Garneau reiterated Carr’s points in French, and then they went for a second round of the same. Guy Caron was up next for the NDP, railing that the federal government was imposing its will on BC, and Garneau reminded him that the pipeline was federal jurisdiction per the Supreme Court and the constitution, and they were talking with the two provinces involved. Caron switched to English to rail that BC’s government was elected on a promise to stop it and governments are supposed to keep their promises. Carr reminded him that Alberta’s government was elected on a promise to build it, but it was federal jurisdiction. Romeo Saganash got up next to decry that the government wasn’t respecting their obligations to Indigenous communities around the pipeline, and Carr reminded him that they did more consultations than the previous government did, who got smacked down by the Supreme Court of Canada over their lack of proper consultations. Saganash insisted that there were no actual agreements with Indigenous communities, but Carr said that there was no agreement between Indigenous communities, and indeed between NDP premiers, but a decision needed to be taken.

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Roundup: Let’s not punt it to the Supreme Court

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As the Trans Mountain pipeline expansion drama continues to chug along, we saw that Bill Morneau had a meeting with Rachel Notley and while nothing specific was announced, it was stated that something is on the way in fairly short order. Add to that, Jim Carr was doing the media rounds saying that the pipeline will get built, and it’s a question of how, which is an important clue. And then came Jagmeet Singh, who decided that his contribution to this is to insist that this all get referred to the Supreme Court of Canada in a joint federal/provincial/First Nations reference. Because showing political leadership apparently means fobbing off the tough questions to the Supreme Court. He also suffers from the delusion that the Court could act swiftly on this, ignoring that it would take six months to even pull a reference together (seriously – the Court wouldn’t hear it until the fall at the earliest). And then his environment critic went on Power & Politicsand said that even if the Supreme Court ruled in favour of the federal government and that the project could go ahead, they’d still oppose it because obviously it would be a wrong decision. Yeah. Okay.

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As Carissima Mathen explains in this segment of The House, the Supreme Court doesn’t like to be used for political purposes, reference questions are generally of general application, and even referring the question of jurisdiction to them would imply that there is doubt that the federal government has it, which settled case law clearly demonstrates that they do. (Likewise, going Jason Kenney’s route and invoking Section 92(10)(c) implies that there is doubt that these pipelines are federal jurisdiction when we know that they are, hence why it’s not only a redundant course of action, but it creates damaging precedent). And that’s why Morneau was pretty explicit when he shot down Singh’s proposal yesterday – they know they have jurisdiction, so it would make no sense to refer it to the SCC. On a related note, the BC NDP have changed their rhetoric around using every tool in the toolbox to oppose the pipeline and are now pledging to use all tools to protect their coastline and environment, likely because they got a legal opinion that said that they have no jurisdiction.

Meanwhile, Jennifer Ditchburn notes that Indigenous protests against the pipeline aren’t a side plot – and she’s right, but it’s also separate from the jurisdiction issue, and should be treated as separate. (I also suspect that the government will argue that approval was given before they legislated implementation of UNDRIP, and that they did additional consultation and created the Indigenous-lead monitoring committee, so that should satisfy Section 35). Chantal Hébert sees few options that the federal government could use that would still maintain provincial peace. David Moscrop wants everyone to cool their jets because this isn’t actually a crisis, but rather how democracy and federalism actually work. Jen Gerson looks at how this failure would be the signal of a bigger market failure in Canada, and open us up to creating an institutionalized culture of kickbacks and corruption when it comes to major projects.

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