Tag Archives: Border

Roundup: A trifecta of constitutional buffoonery

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Yesterday was not a good day for the constitutional order in this country, as the Ontario government launched a constitutional challenge of the federal carbon price backstop legislation, arguing that it’s “unfair” and “unconstitutional” – which it absolutely isn’t, but this is about throwing a public temper tantrum in the name of populist outrage – but as David Reevely also points out, it’s about dragging this out in the courts, both Ontario courts and the Supreme Court of Canada well past the next election. Ontario’s two ministers insisted that they had legal opinions that said they had a solid case, but that’s almost certainly false, but I guess we’ll have to wait and see what kind of novel argument they came up with that the courts will laugh out.

As if this big of constitutional buffoonery weren’t enough, NDP leader Jagmeet Singh also came out with a demand that the federal government immediately give cities the ability to ban handguns – which is constitutionally a non-starter, since cities are the creatures of provincial legislation, and criminal powers are federal. Delegating federal criminal powers to the municipalities is similarly a non-starter. (Singh is also a lawyer and should know this).

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But to cap off the trifecta of constitutional idiocy comes courtesy of the Toronto Star, who asked Ontario Attorney General Caroline Mulroney if she was prepared to use the notwithstanding clause to opt out of the federal carbon tax – which is not something that the notwithstanding clause could actually deal with. Compounding this was that Mulroney’s answer was that they were going to examine all legal options, which made it sound like she was considering it, rather than simply saying “that wouldn’t apply here” and possibly adding “you moron” because it was not only a bad question, it was an irresponsible question and one that was either designed to make Mulroney look stupid (which she kind of did with the answer she gave) or to demonstrate that the reporter in question had no idea what they were talking about. So well done, Star. Slow clap for making all of us look bad in the process.

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Roundup: Deleting the message

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The Conservatives decided to delete their tweet yesterday that depicted a black migrant crossing to Canada – over a bridge made of Trudeau’s #WelcomeToCanada tweet, and through a broken chain-link fence. There was backlash that the tweet was racist, and it certainly was intended to stoke the xenophobic tendencies that they have been flirting with. I will point out once again that their continued reliance on the talking point that this is about the “orderly” asylum system would probably make most of Europe laugh and pat them on the head condescendingly, because it’s pretty precious that they think Canada should get the special status of an “orderly” system that no other country gets.

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Meanwhile, Maclean’shas a look at the history of the Safe Third Country Agreement, and how it’s basically just waiting for Donald Trump to blow it up if he actually learns about what it is and what it does. Chris Selley, on the other hand, points out the ways in which both the federal government and the new Ontario government are mishandling the whole file, which is fair criticism. But I do think we can’t take our eye off the fact that the Conservatives are flirting with xenophobic populism for partisan gain, and playing cute with it, pitting one group of newcomers against another, and patting themselves on the back for their “compassion” for certain groups of refugees that they use solely as props to hammer away at the regime they’re fleeing. This has been their modus operandi since Jason Kenney was immigration minister, but they’ve poured it on a little thicker since they saw that this kind of populist rhetoric worked for Trump and Brexit (never mind the fact that we have solid proof of election interference in both, and definitive proof of broken rules in the Brexit referendum). This is worrying for our democracy, and we should be very wary of their adopting these techniques.

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Roundup: Recalling the committee

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Yesterday was the day when the Commons immigration committee returned to town for an emergency meeting on the irregular border-crossing situation, and in the end, they agreed to hold two more meetings in the next few weeks to get a better sense of what is going on, and what the government’s plans are. There’s partisan gamesmanship happening on all sides of this, and each party wants a different outcome from these hearings, but they’re going to happen, and despite the fact that Michelle Rempel tries to spin the fact that she “forced” the Liberals to pay attention to this, she was apparently pushing on an open door as they were happy to do it, as their position is that this gives them an opportunity to correct the spin and misinformation that Rempel and her compatriots are putting out there.

Meanwhile, the government also made it clear that they were going to give funding directly to the City of Toronto to deal with their housing situation for migrants (only a few of which are actually irregular border crossers) because the provincial government has abdicated their responsibility to do something – while other communities outside of Toronto are willing and able to house and resettle more of them, and are actively seeking to do so. David Reevely gives more context here, and in particular notes that while the number of migrants is relatively small, the bigger problem is that they’re being put into a system that is already stressed.

But the rhetoric carries on, and Andrew Coyne takes it on in this piece – that, despite the claims, this isn’t actually a “crisis,” and treating it as such isn’t helpful, nor are the suggestions that the Conservatives are throwing out there. And worse, the Conservatives have put out a particularly problematic Twitter campaign that is being decried as racist, basing itself on a headline from a Diane Francis column in the Financial Post which is full of outright misinformation (particularly the notion that irregular border crossers aren’t screened – they absolutely are), torque, and reheated Conservative talking points. Coyne went further in a twitter thread, but regardless, the Conservatives continue to walk a fine line around pandering to xenophobic anger while still insisting that they support “orderly immigration,” as though we that were feasible 100 percent of the time. Real life doesn’t work like that, and Canada has been fortunate in that we’re protected by three oceans and American paranoia, but now we have to deal with a fraction of the migrants that other countries do. Maybe it behoves us to act like grown-ups about this.

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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: Asylum claimant dust-up

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So there was a bit of a testy exchange yesterday as federal and provincial immigration ministers met in Winnipeg, and Ahmed Hussen got into a bit of a spat with Ontario’s new minister, Lisa MacLeod. Hussen objected to MacLeod (and Doug Ford) using the rhetoric of “illegal border crossers” and ginning up the same rhetoric of the Federal Conservatives that somehow refugee claimants take make it harder for legal immigrants (despite the fact that they’re separate processes and systems). This objection is not new either – Hussen has been saying this for weeks, so for MacLeod to get offended about it yesterday is being performative in the extreme – which is what she wants. With Kathleen Wynne no longer in the picture for her party to pit themselves against, they now need to make Trudeau their straw man. And when Hussen called the behaviour “un-Canadian,” MacLeod and her defenders accused Hussen of “bullying,” which is childish. But wait – it gets better. MacLeod loudly announced that the federal government should pay for these asylum claimants, while Hussen has been saying for weeks that they need Ontario to step up and find places elsewhere in the province than just Toronto to house them, and hey, they’re providing money to do just that. And then, because this wasn’t theatrical enough, Saskatchewan’s minister also refused to sign onto the communiqué from the meeting and demanded that the federal government not only pay for these asylum seekers (of which Saskatchewan has received zero), but that they should pay the full cost of all other government-sponsored refugees. Couple of things: 1) This is starting to get alarmingly close to the kinds of xenophobic populist rhetoric we’re seeing south of the border, and we should be very alarmed by that; and 2) Remember how the federal Conservatives just a few years ago cut refugee health benefits as a “deterrence” mechanism (which the courts later called “cruel and unusual”), which simply downloaded those costs onto the provinces? These are your political brethren.

Also released yesterday were the latest figures for the number of irregular border crossers, and it has plunged again. Because it’s a “crisis” that the government has “done nothing about.” Err, except they have been doing something about it, trying to stem the migrant flow at the source, and lo and behold, it seems to be working. For now, in any case. But the Conservatives continue to press for a meeting of the Commons’ immigration committee next week to rail about it.

Meanwhile, Martin Patriquin calls out the divisive and inflammatory language because it misses the actual issue at play, treating it as a permanent burden rather than a temporary state of affairs.

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Roundup: Cluelessly disparaging parliamentary privilege

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Sometimes you read an op-ed so clueless that it burns. This piece by lawyer and part-time law professor Daniel Tsai about the Mike Duffy lawsuit is one of those pieces. Tsai argues that the lawsuit is an opportunity for the courts to make changes to the Senate that, according to him, will make it “more accountable.” As his evidence, he cites statements from Government Leader in the Senate – err, “government representative” Senator Peter Harder darkly musing that some senators may want to protect their friends, and Senator Marilou McPhedran’s quest to root out harassment in the Senate as “proof” that the problem is the Senate’s parliamentary privilege. But he also cites former Senator Don Meredith as a case of harassment without also acknowledging that it was because the Senate has parliamentary privilege that they’re able to discipline their own, and that they had recommended expulsion for his breaching the Senate’s ethical code, and that forced his hand to resign. This is a feature, not a bug.

The whole piece demonstrates that, lawyer or not, Tsai doesn’t understand what privilege is, the importance of Parliament’s need to be self-governing (if it’s not, we might as well just turn power back over to the Queen), or the fact that the institutional independence of the Senate (which allows it to hold the government to account) requires it to have a robust set of privileges that can police its own members rather than subject the institution to threats of lawsuits from its various members when they’ve feeling sore by the fact that they’ve been disciplined. Weakening privilege won’t make the Senate more accountable – it will make it vulnerable to vexatious litigation, and along the way, weaken the House of Commons’ own parliamentary privileges as well (because the privileges of the Senate and the Commons are inextricably linked).

None of this is to suggest that the Senate is perfect – it’s not, and there have been bad apples that generally have been made to resign when the going gets tough. Tsai completely ignores the constitutional role of the Senate and the way in which it’s constructed with a defined purpose in mind in order to engage in some populist pandering to the myths that surround the institution. His “solution” about a judicially-imposed limitation on the privileges that are embedded in the constitution (seriously?!) would make things worse, not better.

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Roundup: A confirmation of sorts

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Because the “groping” story continues to circulate, we got yet more developments yesterday, as Justin Trudeau faced yet more questions and essentially reiterated what he’d said previously but seemed confirm that something may have happened in her perception that he didn’t perceive to be a problem, and sure, keep asking him questions because this is all about the process of re-examination in these changing times we’re living in. And while the concern trolls melted down over that, the woman at the centre of the allegations came forward with a statement that said yes, something happened as reported (but no specifics, for which we continue to be left with vague suggestions as to what did happen) and she’s not talking about it.

When asked about why this is different from other situations, Trudeau said that he’s confident that people can assess this on a case-by-case basis, for which I have doubts precisely because the concern trolls (and even some well-meaning reporters) keep conflating previous issues with this one, entirely speciously. And some of those specious comparisons are done with malicious intent (and when you call them on it, funny that they don’t have an answer).

There are still questions about what happened (though I’m not sure that all of Anne Kingston’s questions here are legitimate), but an independent investigation won’t solve anything because it’s impossible to conduct, and seriously, reporters and pundits should know this. Meanwhile, my weekend column wonders if we can have a nuanced conversation about the “groping” allegations amidst specious comparisons and dubious calls of hypocrisy.

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Roundup: Performative obeisance

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Brave anonymous Conservatives have gone to the media to describe how they asked Andrew Scheer to let them vote to remove Maxime Bernier from caucus. Scheer, smartly, said no, but the whole affair is sordid and more than a little gross. The reasons these brave anonymous Conservatives gave for looking to oust Bernier was because he apparently lied to caucus when he said he was going to shelve his book project and then reposted the chapter that had already been made public on his website. But it’s not really about Bernier’s supposed sins, but rather it’s another instance of MPs being performative in their demonstrations of obeisance to Scheer as the leader, which is antithetical to how a Westminster system should operate.

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Scheer knows that booting Bernier would cause a rift in the party, where all of the Ayn Rand-reading wannabe-libertarians in the party would storm off after him in a huff, possibly forming a libertarian splinter party in their wake (never mind the fact that Bernier isn’t actually that smart as a politician, as charismatic as he may be, and it would likely all end in tears). But Scheer has to preserve the big tent – or at least the illusion thereof, because gods know that he’s already alienated Red Tories and free-market conservatives with his pursuit of boneheaded populism – and so he’s going to keep Bernier around. Not in his shadow cabinet, apparently, because Bernier has become a liability in his attempt to portray himself as a greater defender of Supply Management than thou, but Bernier will at least be there in the room, tolerated. For what that’s worth.

More importantly, this is but one more sign about how venal and degenerate political parties in this country have become as they’ve been hollowed out and serve as little more than personality cults thanks to the bastardized leadership contest rules that each has adopted. Because leaders are chosen in such a broken manner, it has given them the appearance of “democratic legitimacy” that is antithetical to how our system operates, and rather than hold them to account, the caucuses now twist themselves into pretzels to show loyalty to the brand of the leader rather than the ideals of the party. And until we’re willing to stand up and say no, this is a bastardization of our system, it will only continue to get worse (and yes, the Liberals are among the worst culprits for this). This is not how parties are supposed to work. This is not how the Westminster system is supposed to work. And yet we have brave anonymous MPs tattling on each other for thought crimes against their leaders. It’s revolting.

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Roundup: Barriers and non-solutions

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As part of a discussion on Power & Politicsyesterday on barriers women face in politics, there were a few well-worn tropes thrown out there, but I wanted to poke into a couple of the items discussed (much of which I’ve already written about in my book, but a refresher course never hurts):

  1. This needs to be an issue addressed by the parties at the grassroots level and shouldn’t be legislated top-down. Parties are already too centrally controlled, and if you want empowered MPs that are women and those who are from diverse communities, they need to participate from the ground-up rather than be appointed top-down.
  2. The side-effect of quotas, be they de facto or de jure, tends to be that women and minorities are nominated in “no-hope” ridings. We’ve seen this time and again, even from the NDP, who have their “no nomination can be run unless the riding association has exhausted the possibility for an equity-seeking candidate” rule. That rule is often conveniently broken if they think they have a winnable straight, white male candidate, and 2011 is a perfect example of how they loaded a lot of women and racialized candidates in “no hope” Quebec ridings that got swept up in the “orange wave.” Most were not good MPs, and some had never been to their ridings before winning, which is the opposite of how nominations should be run.
  3. The voting system is not the problem – it’s entrenched barriers in the nomination system where not enough encouragement is given to women to run (i.e. until this last electoral cycle, they didn’t recognize that women need to be asked several times before they will consider running, and they may have things like childcare issues that need to be sorted when running). A PR system usually creates some manner of list MPs, where your women and minority MPs come from lists rather than having had to run and win ridings, which creates two-tiers of MPs. This also manifests itself in countries with quotas, and women MPs in places like Rwanda have seats but little power as a result.
  4. We can’t do much more to make our parliament more “family friendly” without hollowing it out even more than it has been. While there are issues with childcare, MPs are not without resources to address it (like hiring nannies) rather than forcing the institution to hire precariously-employed childcare workers for part of the year with no sense of numbers on a daily basis. While 60-day parental leave is not objectionable, remote voting and Skyping into committee meetings is very much a problem that we should not encourage in any way.

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Roundup: Fixes to a strained system

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An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.

Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.

Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.

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