Roundup: Knee-jerk populism vs. the Charter

In another stunning bout of knee-jerk populism, Jason Kenney has seized on the story of a Canadian dual-citizen blowing up a bus in Bulgaria, coupled it with a dubious Private Member’s Bill about stripping the citizenship of dual-citizens who engage in acts of war against the country, talked about amending it to include terrorism, and viola – ready for the media. How predictable, and how so very, very flawed. For one, it’ll never stand up to the Charter, because Canadians, no matter where they may have been born, are all equal under the law. Also, it shows contempt for process because he’s trying to hijack a PMB that probably shouldn’t have been voteable in the first place. It’s worse that Kenney wants to try and ram through unconstitutional measures into the PMB process, which would get a mere couple of hours of committee study before heading back to the Chamber for a mere two more hours of debate. Yeah, he may need to rethink this whole proposition.

Continue reading →

Roundup: Succession and Senate consequences

University of Ottawa professor Philippe Lagassé writes the definitive look at the Crown succession bill the government introduced last week, and proves how the government and its arguments are entirely wrong about it. Australian constitutional scholar, and the authority on succession issues, Anne Twomey, writes about the bill and how it de-patriates our constitution back to Britain, as well as is a telltale sign about the lengths the government will go to avoid dealing with the provinces.

Speaking of the lengths that Harper will go to in order to avoid the provinces, regarding last week’s other big news – the Senate reference – Paul Wells notes that Harper’s plan seems to have been to try to destabilise the legislative equilibrium by pushing what small changes he could and take advantage of the resulting free-for-all – which sounds about right. Over in the Globe and Mail, there is a look at what an elected Senate under the current proposal means regarding provincial parties running candidates in a body dominated by federal parties. The result is almost certainly chaos that would be largely unworkable, reduced to issue-by-issue coalitions, grinding the legislative process to a halt. Free-for-all that a PM could try to work some additional executive powers out of in order to “break the logjam”? Don’t discount the possibility.

Continue reading →

QP: A dubious fiscal connection

Day two of the new parliamentary year, and the whole “carbon tax” versus “Conservatives are irresponsible” talking points continued unabated. Apparently nobody could think up anything new over the past six weeks, and the rest of us are left to suffer. When QP began, Thomas Mulcair started off by reading off questions about bank ratings downgrades, with his rather dubious connections between corporate tax cuts and high personal debt levels, and how this was an apocalypse in the making. Harper assured him that they recognised the issue of household debt and have taken measures. Mulcair went on to read a question about the funding gap for First Nations schools, but Harper insisted that they had made a number of changes to reduce poverty. Jean Crowder picked up on the First Nations education funding issue, to which John Duncan said that they are consulting on structural changes to the system, as throwing money at the problem won’t change anything. When Crowder asked about the high-level oversight on the First Nations that was promised, Duncan reiterated the pledge. Bob Rae was up for the Liberals, asking about the lack of progress on clean water for all First Nations reserves, to which Harper said that they had measures under considetation. When Rae pointed out that there weren’t resources attached to those matters, Harper accused the Liberals of voting against measures. For his last question, Rae asked about the government’s attacks on the Parliamentary Budget Officer, but Harper didn’t really respond to the question.

Continue reading →

Roundup: The use and abuse of Private Members’ Bills

Yesterday was an interesting day, in that three Private Members’ Bills dominated the political discourse. This, unfortunately, is becoming a more common occurrence, despite the fact that PMBs are intended to be small measures designed to correct oversights in existing legislation – part of the role of holding government to account. They are not supposed to cost money (lest they require a Royal Recommendation), and we should bear in mind that the role of backbenchers and opposition are to hold the government to account. It is further to be reminded that it’s the opposition’s job to oppose, and not to govern. Hence, it is the government’s job to govern, and in an adversarial system like ours, the opposition holds them to account. And with these facts in mind, let’s look at what happened.

Continue reading →

Roundup: Debates, and a trip to James Bay

So, the federal Liberals had their first leadership debate yesterday, and it was…without a whole lot of sparks or drama. I mean, it wasn’t NDP dull and full of violent agreement, but there weren’t too many fireworks or memorable exchanges. Aaron Wherry liveblogged it here, here is the CBC recap, and Michael Den Tandt gives his thoughts on its tepid nature here. (I wrote up my own thoughts on the debate here).

Jonathan Kay visits several James Bay Cree reservations, including Attawapiskat, and finds that things are not necessarily as bleak as we might otherwise think – though Attawapiskat is noticeably poorer-run than the others. The other conclusion is that those communities that are doing best are doing it outside of the Indian Act system, which is something I’ve heard said about the successful First Nations communities on the West Coast. Nevertheless, Kay’s story is a must read.

Continue reading →

Roundup: Demands, progress, and walkouts

So, it’s been a busy day. Going into the meeting, the AFN had a list of eight demands. But then a number of Chiefs decided to boycott – in particular, the chiefs from Ontario, Manitoba, the Yukon, and one from Saskatchewan. (You may be pleased to know that the Grand Chief of Northern Quebec quite properly articulated on TV that it was improper to demand that the Governor General be at the table). And so, despite the boycotts and the protests outside, the meeting took place. And out of the eight items, they apparently made some solid progress, so says the PMO and Atleo. But Attawapiskat Chief Theresa Spence? She’s still not satisfied, and she’s going to keep up her liquid diet. You see, she attended the Governor General’s ceremonial meeting at Rideau Hall, and then walked out – apparently it was “too much of a show” for the person who has created for herself a media circus, and she didn’t feel the honour of the occasion. Oh, and there was something about an improperly handled wampum belt, but nobody seems to be able to figure that one out, but really, it all pretty much amounts to the next round of political Calvinball.

Continue reading →

Roundup: Spence versus Responsible Government

It was another fraught day with regards to the whole Prime Minister-First Nations meeting, Chief Theresa Spence, and civic literacy in general. Chief Spence first said that she wasn’t going to go to the meeting because the Governor General wouldn’t be there. And then, briefly, she was going to be there, and then no, no she wasn’t and to add to that, she was going to keep up her liquid diet, and had signed her will because she was ready to die. So really, no dramatics there. But not only that, the continued insistence that the Governor General be there to represent “the Crown” is both wrong and misguided, and yet nobody seems willing to tell Spence that she’s barking up the wrong tree. In fact, she’s decided to write the Queen to have her insist that the GG show up – because the Queen is magic, and Canada is apparently still a colony under direct Crown control. “Oh, but it’s an important symbol that he be there,” Spence’s supporters insist. Except that the only symbolic message that would be sent is that the Queen and by extension the GG are the ones who make public policy in Canada and that the whole 167 years of Responsible Government were all just a dream – like that season of Dallas. Because without trying to be too glib, this is exactly what Spence is demanding. And not to put too fine of a point on it, I’ll add this quote: “Spence is demanding a meeting with a ghost, with a Crown that by 1763 had already ceded much of its discretionary powers to Parliament.” This from a post that explains the metaphors that Spence is trying to interact with on a literal basis. And the fact that people don’t understand that it’s inappropriate to involve the Sovereign or her representative in what is supposed to be a working policy discussion is troubling, because it means that they have no working understanding of what Responsible Government is, let alone that it’s a real thing, a system of governing principles that is the foundation for our democracy. That anyone would honestly suggest otherwise, that the Queen could swan in and make proclamations or declarations at whim, is an indictment of the crisis state of our civic illiteracy, and it really needs to be rectified.

Continue reading →

Roundup: Redefining status

The Federal Court has ruled that non-status Aboriginals and Métis should be classified as “Indians” under the constitution, and that the federal government has a fiduciary responsibility towards them. This opens up a major can of worms in terms of the way that policy and duty to consult will have to happen going forward, as well as resources for those individuals based on what the government is obligated to provide, and this will be complicated more because the ruling does nothing to settle how the government will need to exercise this jurisdiction. This will doubtlessly be headed for the Supreme Court, so it may be some years before it is fully settled.

Attawapiskat Chief Theresa Spence’s boyfriend invites a forensic audit of the band’s finances to prove that there wasn’t any misspending – even though it’s been his job to provide the documentation that’s missing. He also defends his relationship and insists that he reports to the band council as a whole and that Spence doesn’t vote on conflicts of interests. Meanwhile, when Global News sent a crew up to Attawapiskat, they were kicked off the reserve and threatened with arrest – under Spence’s orders – while Spence’s camp on Victoria Island has also banned the media under the rubric that they are “printing lies.”

Continue reading →

Roundup: The continued protests

Despite the meeting arranged with Stephen Harper, Idle No More protests continued across the weekend, including at border crossings. Former Prime Minister Paul Martin met with Chief Theresa Spence on Saturday and said that she’s an inspiration for many. Spence is continuing her hunger strike until she’s sure that “concrete action” will be taken, which seems to be yet another case of goalposts being moved, each one fuzzier than the last. While APTN checks the math that SunTV did on Attawapiskat’s finances and comes to a few different conclusions, a year-old CBC report from the community reappeared over the Twitter Machine yesterday which shows that there are some serious governance problems on the reserve.

As the Parliamentary Budget Officer turns his gaze to the contract for joint support ships that the Royal Canadian Navy has been planning on building for years now, it looks like that particular process is its own mess, but in a reverse fashion from the F-35s, where the civilian side is taking too much control and there seems to be little regard for what the military’s needs are, while the focus remains solely on costs.

Continue reading →

Roundup: Moving the goal posts

Today in Idle No More news, hunger strike veteran Elizabeth May counsels Chief Theresa Spence to meet with everyone – especially Conservatives, whom she has been rebuffing to date. May also suggests there be a go-between that can meet with Spence and the PM, but Spence’s people rule that out. Spence’s people have also declared that she is no longer giving interviews, nor will she drop the demand that the Governor General be included in the meeting, even though he has stated his desire to stay out of the politics of the situation (as is proper under the rules of Responsible Government). AFN Grand Chief Shawn Atleo has called for a First Nations meeting on the 24th and has invited the PM and the GG to attend, and that could be a compromise that allows both sides to save face – err, except that Spence says that the 24th is too late, and that she intends to fast until the meeting happens (which, it should be noted, appears to be a case of goal posts being moved). And moving the goalposts even more, Spence apparently now demands that the PM and GG meet with aboriginal leaders within 72 hours or there will be “mass demonstrations” around the country – which doesn’t exactly sound either feasible (materials need to be prepared, schedules cleared and leaders assembled), and like a fairly top-down directive from what is supposed to be a grassroots movement.

In related news, Senator Brazeau says he’s getting death threats for his position on the Idle No More protests. Jon Kay looks back at the history of the Attawapiskat treaty, which is a pretty fascinating read (even if you don’t have to agree with his conclusions). Also, despite some of the torque in this piece, there are some pretty interesting questions being raised about the finances of Attawapiskat, where money does seem to be flowing through the reserve despite the third-world conditions there.

Continue reading →