Tag Archives: Appointments

Roundup: Unifying the prohibitions across departments

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The federal government has issued new guidelines for foreign intelligence likely obtained through torture, so that it now covers the Canadian Forces, the Canadian Security Establishment, and Global Affairs Canada. This means that they are prohibited from using such information, except if it’s going to save lives either from an imminent terrorist attack or protecting Canadian troops on an overseas mission. This appears to harmonize direction handed down earlier to the RCMP, CSIS, and CBSA, so that all national security agencies (which are now under the same parliamentary oversight regime and will soon be under an independent arm’s length national security oversight regime) will have the same rules and restrictions. For some, it’s reassuring that the government is taking the issue seriously, but for others, the caveat isn’t good enough, and they need to issue a full prohibition, no caveats, no exceptions, full stop. Stephanie Carvin has more reaction to the announcement here:

https://twitter.com/StephanieCarvin/status/941445420475125761

https://twitter.com/StephanieCarvin/status/941445593154576384

https://twitter.com/StephanieCarvin/status/941445901750382592

https://twitter.com/StephanieCarvin/status/941446074538979328

https://twitter.com/StephanieCarvin/status/941446248057397248

https://twitter.com/StephanieCarvin/status/941446383113867266

https://twitter.com/StephanieCarvin/status/941446599791730688

https://twitter.com/StephanieCarvin/status/941446938007703553

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QP: One last go at the PM

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On what promises to be the final sitting day of 2017, all of the leaders were present, and duelling Christmas poems by Mark Strahl and Rodger Cuzner, things got underway. While some of Strahl’s lines raised eyebrows (particularly the line about Scheer’s virility), Cuzner’s annual poem didn’t disappoint.

Andrew Scheer led off, railing about the “devastating” small business tax changes. Justin Trudeau reminded him that small business taxes were being lowered, and restricting income sprinkling was about ensuring that people couldn’t take advantage of loopholes. Scheer insisted that the changes spelled doom, and Trudeau responded that the opposition had become so partisan that they treated a small business tax cut as a bad thing. Scheer listed off the supposed ways in which the government has apparently attacked taxpayers, but Trudeau insisted that they were doing everything to grow the middle class, and noted how many jobs had been created. Scheer pivoted mid-retort to decry Trudeau’s “erratic behaviour” on the trade file, to which Trudeau reminded him that they weren’t going to sign any deal, but only wanted good deals for Canada. Scheer was concerned that Trudeau was endangering the NAFTA talks, to which Trudeau reminded him that capitulation was not a trade strategy. Guy Caron was up next to bay about the nomination process for the new Ethics Commissioner, and Trudeau noted that they started engaging the opposition for criteria of this process last June, and if they didn’t have confidence, they should say so. Caron insisted that their dispute was with the process not the candidate, and that they couldn’t trust a process where the committee was dominated by cabinet staff. Trudeau responded with a defence of that process, with a slightly disappointed tone. Alexandre Boulerice was up next, and he railed that the Commissioner wouldn’t promise to carry on current investigations and insinuated that the government was trying to sweep everything under the rug. Trudeau insisted that the process was merit-based, and when Nathan Cullen got up to list the alleged ethical violations of the government, Trudeau responded with disappointment that the opposition was relying solely on personal attacks.

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QP: Trade, jets and jeers

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The final Tuesday QP of the year, and all of the leaders were present — even past leader Thomas Mulcair was present, for a change. After each side offered statements of congratulations for their by-election wins, Andrew Scheer led off, mimi-lectern on desk, and he read some condemnation of the PM going to China and his willingness to allow foreign takeovers without security reviews. Trudeau chose instead to offer congratulations to the by-election winners, as well as everyone who put their names forward. Scheer offered his own breathy congratulations, then accused the PM of erratic behaviour and incompetence on the trade file. Trudeau insisted that they worked hard to get deal that “work good” for Canadians, and that things like environmental and labour rights be respected. Scheer sniped that the PM comes home empty handed, and then raised another instance of someone complaining about Kent Hehr’s comments. Trudeau said that the minister took the allegations seriously and apologized. Scheer then moved onto the fighter jet question, and the decision to purchase used interim jets. Trudeau said that the reality was that the military needed new jets years ago but the previous government didn’t deliver, but his government had launched an open process with interim jets to fill capacity gaps. Scheer noted the problems with those jets identified by the Australian Auditor General, and offered Trudeau an old minivan. Trudeau reiterated that the previous government botched their processes. Guy Caron was up next, and was concern trolling about the problems with getting new officers of parliament. Trudeau noted the open, transparent process, and that he had confidence in the nominees put forward. Caron insisted that the process was not transparent, and demanded the names on the selection committees and short lists. Trudeau said that the appointment processes take time, and have put in place processes that people could trust. Nathan Cullen repeated the same question with added sanctimony in English, and Trudeau reiterated that they would continue to consult with the opposition on appointments, and then after another round of the same, and Trudeau said that if they didn’t have confidence in the nominee they should just say so.

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QP: Concern trolling about the Commissioner

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After a week away, Justin Trudeau was back in the Commons after a week away, and Andrew Scheer was also back, as the final sitting days of 2017 ticked down. Scheer led off, mini-lectern on desk, and he raised the current investigations by the Ethics Commissioner, and concern trolled that they wouldn’t be completed before her term was up. Trudeau noted that he had recused himself from any discussions around the Commissioner, but he was confident that the House Leader would do a good job. Scheer, breathily racing through his script, worried that MPs would not be consulted or have a chance to vet the new appointee, but Trudeau reiterated that he had confidence in the House Leader. Scheer moved onto the backlog of veterans awaiting disability benefits, to which Trudeau noted that while the previous government closed veterans officers, they were reopened under the current government along with new investments. Scheer insisted that this was solely the problem of the current government, to which Trudeau said that veterans had abandoned hope of getting help under the previous government while they were coming forward now that the current government was reaching out and reinvesting. Scheer tried to then wedge this into a “mean-spiritedness” onto the disability tax credits, and Trudeau assured him that they were looking at the issue carefully to ensure that Canadians were getting the benefits they deserved. Guy Caron was up next for the NDP, and he too returned to the issue of the backlog of veterans benefits, and Trudeau reiterated that these were applications by those who had previously given up hope. Irene Mathyssen and demanded to know if the new veterans disability plan would be released before the House rises, and Trudeau offered assurances that they were taking the issue seriously. Caron turned to demand a Netflix tax and defend the press, and Trudeau insisted that they would not raise taxes on Canadians. Pierre Nantel was up next to demand the same Netflix tax in French, and Trudeau assured him that no Quebec demanded that he raise their taxes.

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Roundup: Space to socialize

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Amidst the growing buzz of MPs’ bad behaviour, whether it’s ejections from the House of Commons during QP, or the allegations of inappropriate comments at events as with James Bezan and Sherry Romanado, Kady O’Malley says that the presence of cameras hasn’t been a guarantor of good behaviour. And that’s fair enough. So what does she propose? Not to do away with the cameras, particularly in the Chamber itself, but rather creating the conditions by which MPs can spend more time together outside of the strictly partisan work situations.

More to the point, O’Malley suggests that MPs start sharing meal breaks, whether it’s in the cafeteria, or has been proposed earlier this session with a common space behind the Commons chamber where they can eat together rather than having the usual food services delivered to their respective lobbies on either side of the Chamber. It’s not a novel idea, given the fact that it was shared meals used to be a feature of how our parliament operated. Evening sittings happened three nights a week, and at the appointed hour, they would suspend debate, head upstairs to the Parliamentary Restaurant for a couple of hours and there was cross-pollination of socializing between the different parties. And lo and behold, when evening sittings were abolished in the name of being “family friendly,” collegiality between MPs took a hit.

The problem with simply creating a space behind the Commons for MPs to have that meal together is that it’s pretty much restricted to those who are stuck with House Duty, so the numbers at any given time would be pretty small, and I’m not sure that it’s enough to get a big the requisite sea change happening. Maybe the answer is to bring back evening sittings – it’s not like there’s a lack of legislation that could use the added time – but even there, part of what kept MPs at the parliamentary restaurant is that there was a dearth of other options in the area, which isn’t the case any longer. So while I don’t dispute that more opportunities for MPs to socialize is a good and necessary thing, I’m not sure that the conditions to make this a broader issue are really there any longer.

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QP: Return of the tax changes

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While the prime minister remained in China, Andrew Scheer was finally back in the Commons for QP for the first time this week. After a moment of silence for the anniversary of the École Polytechnique massacre, Scheer led off, mini-lectern on desk, and he read a statement about violence against women. In response, Maryam Monsef rose to give her own statement about the importance of the day and the remembrance of the victims. Scheer then turned to the “attack on small business” by new rules not being fully outlined until the budget. Dominic LeBlanc, who this morning revealed that he was diagnosed with chronic lymphocytic leukaemia, reminded him that small business taxes was being reduced and the new rules around private corporations were not about small businesses. Scheer trotted out the torqued 73 percent tax rate line (only applicable to those private corporations making over 100,000 under certain conditions in Ontario), and LeBlanc called him out for using a phoney example. Alain Rayes took over in French, offering the same concerns, and LeBlanc assured him that they listened to small business owners and they were acting on their concerns. Rayes tried again, but LeBlanc launched into a praise for small business tax cuts. Guy Caron was up next for the NDP, worrying that not taxing internet giants was hurting Canadian content creators — specifically community newspapers. Mélanie Joly said that they would work with stakeholders to strengthen local journalism. Caron tried again in English, and Joly listed investments made today and promised to help with transition to digital. Tracey Ramsey was up next, demanding transparency on the list of priorities with trade with China. Marie-Claude Bibeau, curiously, rose to read a statement on the importance of trade, but done under Canadian values. Ruth Ellen Brosseau asked the very same question again in French, and got much the same answer.

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Roundup: The abuse of “appearance”

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Breaking! Ethics Commissioner wants to talk to Bill Morneau about that share sale! To which I immediately yawn and say, “Yeah, and?” Because we are beyond the point where any of these stories are actually advancing the story in a substantive manner, and we’re well past innuendo, and are now onto a full-on pile-on in the attempts to make something, anything, stick.

https://twitter.com/aradwanski/status/936327645331181568

This attempt to try and create some issue around insider trading has been nothing short of ludicrous because none of the facts bear the slightest scrutiny, nor does any of their internal logic hold-up in the face of the other allegations. If he was really interested in “insider trading” (which isn’t actually possible from his position), why wouldn’t he wait to sell those shares until he tabled Bill C-27 and Morneau Shepell’s share prices spiked (temporarily)? But really, none of it makes adds up, and Andrew Coyne constructed a pretty good takedown of the allegation here. And Mary Dawson saying she’ll give Morneau a call sounds pretty pro forma here, given that this is in response to yet another of Nathan Cullen’s demands that she look into his dealings in the vague hope of her finding something, anything, that Cullen can use to any tactical advantage. But as both the opposition and some of the more mediocre journalists in the Gallery continue to carry on this campaign, it has the very definite potential to backfire – especially as Morneau is taking the gloves off now that his father is being dragged into the fray. As Terrence Corcoran points out, the Conservatives are the ones who are now acting unethically, not Morneau (and I’m sure you could add a couple of aforementioned journalists to this list, because their reporting on this has been anything but responsible).

But when this short thread from Howard Anglin was pointed out last night, it became clear to me where the real problem lies.

https://twitter.com/howardanglin/status/936811642389594112

https://twitter.com/howardanglin/status/936813835972894720

The problem here is not Bill Morneau – it’s Justin Trudeau, and the high-minded language he put into the mandate letters about being seen to be conduct the affairs without the appearance of conflict. What that turned out to be was an invitation for abuse. Because of the word “appearance,” all that anyone – opposition MP or mediocre journalist trying to make a big score – has to do is line up unrelated or conflated facts in a completely disingenuous manner and say “See! It looks like a conflict! This goes against the mandate letter!” Never mind that none of the allegations, whether it’s the cash-for-access (which wasn’t really cash for access) caterwauling months ago, or this Morneau nonsense now, bear up under the slightest bit of scrutiny – they are simply counting on it being the appearance of a conflict, and crying foul. We’re no longer dealing with issues of substance, but rather, the manufacture of optics in deliberately dishonest ways, because Justin Trudeau gave them an open invitation to. This is the state of our democratic discourse at the end of 2017. We should be embarrassed.

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Roundup: A new justice named

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Justice Sheilah L. Martin of the Courts of Appeal for Alberta, Northwest Territories and Nunavut, has been nominated as the next Supreme Court of Canada justice, slated to replace outgoing Chief Justice Beverley McLachlin. Martin, who was born and educated in Quebec and is fluently bilingual and knowledgeable in both common law and Quebec’s civil code, and has been on the bench in the North as well as the west. She was once dean of a law school and has not only contributed to legal scholarship, but has also weighed in on some significant cases in her time on the bench, with pretty well-considered judgments. She is not, however, Indigenous, like many had been hoping. (For more on Martin, here is the link to her application questionnaire, and also follow the embedded Tonda McCharles tweet thread).

The issue of demanding bilingual judges is going to be an impediment for Indigenous candidates, for whom it creates an additional barrier, and when NDP leader Jagmeet Singh dared to suggest that perhaps they create an exception to that would-be rule for Indigenous nominees, he was forced by the rest of his party to walk back from that statement in favour of some platitudes about helping would-be Indigenous candidates with official language capacity instead. Note that NDP MP Romeo Saganash has come out against party policy to say that this demand for official-language bilingual judges hurts the cause of more Indigenous justices on the bench, but apparently that perspective is being silenced.

https://twitter.com/EmmMacfarlane/status/935967327962697728

https://twitter.com/EmmMacfarlane/status/935968214022086656

While some Indigenous lawyers are upset by the choice of a non-Indigenous jurist, I think we do need to recognize that the feeder pools with provincial Superior courts and the Courts of Appeal still have large diversity problems, which is why this government went about reforming the process to appoint those judges (and partially why it’s taking so long to fill those vacancies). When the trickle-down starts to happen there, it will mean a bigger pool of diverse candidates available in the future that may not be there right now. Of course, we won’t know the demographics of who applied to this round, so that does matter as well (and we won’t know for another month), so we may get more answers at that point.

https://twitter.com/cmathen/status/935924061779062785

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Roundup: No maple death squads

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A story that caught my eye yesterday was on the topic of foreign fighters who may return now that ISIS/Daesh has fallen. More particularly was the notion that the US, UK and France have all made it policy to try and target and kill their own home-grown fighters rather than risk them returning to their own countries. Canada, however, came out explicitly yesterday to state that we aren’t doing the same because we don’t engage in death squads. And yes, we’re taking the issue seriously, and our security forces are on alert, and so on. While it may be astonishing to hear, it’s also not unsurprising considering that this is a government that is committed to the Charter, and extrajudicial killings would seem to be a gross violation thereof.

https://twitter.com/stephaniecarvin/status/931666192405688325

The problem? Some of the responses.

While I have a great deal of respect for the good senator, I’m a bit troubled by the sentiments expressed because the implicit message is that governments should feel free to violate the Charter with impunity, with either extrajudicial killings, or processes that violate the Charter and our other international obligations against torture, as with the reference to Omar Khadr. And worse, the kinds of responses to that tweet are pretty disturbing in their own right.

Aside from the fact that any of these targeted killings would be outside of the rule of law, Stephanie Carvin also points out that this kind of policy would be a false certainty, particularly when it comes to verification. I would also add that it would seem to me that it keeps the focus elsewhere than on home soil, where radicalisation still happens to one extent or another, and I do think there is likely a sense that “Hey, we’ve killed them over there,” then we don’t think about how they were radicalised at home in the first place, and we don’t put in the time and resources toward solving that issue. Nevertheless, that our government follows the rule of law shouldn’t be a news story, but in this day and age, it would seem to be.

https://twitter.com/stephaniecarvin/status/931602804094808064

https://twitter.com/cforcese/status/931673504793083906

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Roundup: Abandoning a fiscal anchor

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In yesterday’s National Post, economist Stephen Gordon cast a critical eye on the fall economic update and the government’s excuse for running deficits, and the decision to abandon the fiscal anchor of balanced budgets in favour of a declining debt-to-GDP ratio. And rather than worrying about the non-existent debt-bomb, Gordon is mostly looking for answers why the policy shifted post-election. Fair enough. (He also does the math on how much more a government can spend by shifting the fiscal anchors like the government did here).

Enter fellow economist Kevin Milligan, who digs through and finds an answer. Enjoy.

https://twitter.com/kevinmilligan/status/925024898388389888

https://twitter.com/kevinmilligan/status/925026096898129922

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https://twitter.com/kevinmilligan/status/925110707498000384

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