Tag Archives: CBSA

Roundup: No, fixed election dates don’t give the GG unconstitutional powers

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The “debate,” if you can call it such, over Jagmeet Singh’s decision to undermine Her Excellency Mary Simon by publicly writing her and telling her to refuse the advice of the prime minister who commands the confidence of the Chamber just got more ridiculous, as Andrew Coyne decided to weigh in yesterday (and no, I’m not going to link because hate clicks are still clicks). Coyne contends that the fixed election date law empowers the GG to turn down such a request, and “proves” it by quoting testimony from former justice minister Rob Nicholson at the Senate committee.

No. Just…no.

The logic in Coyne’s argument can’t hold because the Governor General’s role in accepting the advice of the prime minister who enjoys the confidence of the Chamber is the very basis of our constitutional framework under Responsible Government. The only discretion she might have over dissolution is when a request is made shortly after an election – that’s it. Nothing a simple statute, like the fixed election date law, can change a constitutional element, and there is jurisprudence to back this up, particularly the doomed attempts at trying to get the courts to uphold the fixed election date legislation, which they dismissed (including the Supreme Court of Canada). Fixed election date legislation is an empty shell – a bit of theatre and attempt to Americanise our system, and is antithetical to how Westminster systems operate – it shouldn’t be on our books as a result. There is no way that it could empower the GG to do away with constitutional norms to refuse dissolution, and if she did refuse, the prime minister would be obligated to resign, and we’d be in an election regardless. It’s ridiculous and wrong to suggest otherwise.

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What is even more ironic about this whole situation is that Jagmeet Singh and Coyne himself will often rail that the “undemocratic Senate” shouldn’t be allowed to exercise their constitutional powers to veto legislation, and yet they are demanded that an appointed Governor General exercise powers that she doesn’t actually have under the constitution. It’s bizarre, and it’s a lot of bullshit masquerading as principle.

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Roundup: Carney out, no need to panic

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To the dismay of the bulk of the pundit class, Mark Carney says he has other climate-related commitments and won’t be running for a seat in the next election. In response, Pierre Poilievre tweeted that Carney is afraid of running because Trudeau will cause a financial meltdown, and Carney will try to blame it on Freeland. It’s just so stupid, and yet this is the state of public discourse in this country.

To be clear, there is no financial meltdown going to happen. Yes, there are challenges that need to be addressed, but let’s be real here.

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Roundup: Where is the civilian control?

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Something rather unusual happened yesterday in that both prime minister Justin Trudeau, and his deputy, Chrystia Freeland, publicly panned the decision by the Chief of Defence Staff to keep the head of the navy on the job after he went on that golf game with the former CDS, General Jonathan Vance, while Vance is under active investigation for past sexual misconduct. But it’s pretty crazy that this happened given how things work under our system.

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This boils down to Harijit Sajjan and the fact that he’s not doing his job as minister. He is supposed to be the person in Cabinet who does the civilian control, who manages the CDS, and who ensures that the CDS is doing his job properly, but Sajjan hasn’t been doing that job. If he were, then he wouldn’t have been so incurious as to why the investigation into Vance never took off when the former military ombudsman brought forward the allegations, and he would have taken the opportunity to cycle Vance out of the job and put in someone new rather than renew Vance for another term. These are all things were things Sajjan should have done and didn’t do.

Trudeau, however, keeps insisting that Sajjan is the right person for the job, that he’s not part of the old boys’ club, but that’s part of the problem – Sajjan was an active member of the military when he got elected and had to process his resignation papers while he was named to Cabinet, because technically at that point, the CDS outranked him, which is not good when Sajjan is supposed to be exercising civilian control. That’s why we shouldn’t put former military people into the role – they are not civilian control. This can’t be stressed enough. Sajjan shouldn’t have been put in the role, and hasn’t properly done his job since he’s been in it. It’s time for a new minister, and the sooner the better.

Programming note: I am making a long weekend for myself, so no post tomorrow or Saturday. See you next week!

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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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QP: Weaselling over the Port of Montreal strike

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For Monday, there was but a single Liberal on the government benches, and if you guessed that it was Mark Gerretsen, you’d be right. Candice Bergen led off in person, and she raised the testimony last week that the prime minister’s chief of staff knew about the allegations against General Vance. Harjit Sajjan told her that he followed the same process that Erin O’Toole did when he was in Cabinet and heard rumours about Vance that he wanted investigated — which may not be the slam dunk Sajjan may think it is. Bergen then raised the problem of people flying into the US and then driving over the border, which was allowing variants to spread. Omar Alghabra listed the measures, particularly around air travel, that had been implemented, and quarantine measures. Bergen said that Alghabra wasn’t understanding that people were landing in the US and driving up to the border to avoid hotel quarantines, and Alghabra stated that people still need tests before they fly into the US and upon landing. Gérard Deltell took over in French, lamented that the prime minster said he had no regrets over the handling of the pandemic, and demanded more rapid tests, for which Patty Hajdu reminded him that they delivered over 25 million rapid tests to provinces. Deltell railed at the fact that the government seemed to be blaming the provinces and demanded more rapid tests at the border, and Hajdu reminded him of their measures to date, and that they are working with provinces and territories. 

Alain Therrien led for the Bloc, and blamed the federal government for the strike at the Port of Montreal and stated that the government hadn’t sat both parties down (erm, pretty sure federal mediators have been involved), and Pablo Rodriguez reminded him of the importance of the port to all of Quebec. Therrien accused the federal government of dragging their feet on every labour dispute, and Rodriguez hit back accusing the Bloc of not being there for Quebec.

Jagmeet Singh was up for the NDP, and in French, he raised the death of a thirteen year-old over the weekend and demanded more federal action on the pandemic, to which Carla Qualtrough reminded him of federal supports available. Singh amped up his indignation in English, demanding paid sick leave and more vaccinations to hardest hit areas — both of which are provincial jurisdiction — and Qualtrough reiterated that they are doing what they can to get things like paid leave to people who need it.

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QP: Gathering clips of vaccine drama

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In the day following the budget, both Justin Trudeau and his deputy, Chrystia Freeland were both present for a rare change of pace in these pandemic times, and it was nice to see both. Erin O’Toole led off, script on mini-lectern, and he immediately blamed the government for the third wave by not having enough vaccines — because they can be procured from thin air. Trudeau reminded him that they have been securing vaccines for Canadians. O’Toole complained about delays for AstraZeneca doses and about the Johnson & Johnson plant being shut down, and demanded the government to go back in time to do something about it, and Trudeau calmly reminded him that they have exceeded their vaccine targets. O’Toole got anger in the demand for more vaccines, and Trudeau reminded him that vaccinations need to be accompanied by strong public health measures, and then noted that the budget must have been so good because O’Toole had no questions on it. O’Toole switched to French to lament that higher, unconditional transfers to provinces aren’t in the budget, for which Trudeau chided him that in English, O’Toole says that the government is spending too much, and in French, says they’re not spending enough. O’Toole accused the government of not helping Canadians with the budget, and Trudeau hit back, citing the programmes that are helping Canadians instead of just choosing to reduce the deficit.

Yves-François Blanchet led for the Bloc, and he denounced the “age-based discrimination” in the budget because the additional assistance to seniors over the age of 75 was not extended to all seniors. Trudeau reminded him that older seniors have higher costs and many worry about exhausting their savings, so older seniors were getting additional help. Blanchet claimed that explanation didn’t make sense, and Trudeau listed the assistance they have given to all seniors.

Jagmeet Singh was up for the NDP, and in French, he groused that the budget didn’t choose to tax the ultra-rich and cut assistance to people, and Trudeau stated that was false, and that their first act as a government was to raise taxes on the one percent, which the NDP opposed, and listed tax measures in the budget. Singh switched to English to decry the situation in Ontario, and demanded the government use the Emergencies Act to implement paid sick leave in the provinces. Trudeau reminded him that they have been working with provinces throughout the pandemic.

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Roundup: New mockdowns after Goldilocks failed

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Things in Ontario have reached the point where Doug “I won’t hesitate” Ford has finally enacted a province-wide mockdown…but not before he hesitated even further by not putting it into force until Boxing Day. You know, so that everyone can still flood the malls and box stores, and feel like they’re justified in “cheating” for Christmas gatherings. And by mockdown, it’s not a real lockdown – it’s a few added restrictions but most workplaces are still up and running, in spite of mounting evidence of outbreaks in them, so good job there.

Ford, meanwhile, was more than happy to blame the federal government for not properly closing borders, and insisted that they do more testing at airports…which they are. Federal Health Minister Patty Hajdu had to counter that the rapid testing pilot at Pearson is ongoing – but that also doesn’t change the fact that only 1.3 percent of new cases can be traced to travel, which blows a hole in Ford’s narrative. Of course, that narrative is all about blame-shifting so that he doesn’t have to look like the bad guy in the “lockdowns,” never mind that these should have happened in September at the latest to have nipped the second wave in the bud, but they didn’t do that, because they tried the “Goldilocks approach,” and it failed. How many hundreds of people have died unnecessarily since?

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Roundup: Bold new climate action

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As expected, Justin Trudeau and Jonathan Wilkinson (along with Steven Guilbeault for good measure) announced the next round of climate action to get us to the Paris targets, and it includes a rapidly increasing carbon price, which immediately had conservative premiers like Doug Ford and Jason Kenney go into full meltdown about how this was going to crush the economy and make life unaffordable for people – never mind that it’s designed to be revenue neutral. We even had political show hosts try to frame this issue as “can we afford climate action when the economy is terrible?” which is both irresponsible in that it presents a false binary and a wrong expectation that climate action is costly as opposed to able to provide cost savings. As part of this, a more enhanced rebate for those provinces subject to the federal price was announced so that people will be getting larger quarterly front-loaded rebates so that they can offset their increased costs and make smarter choices and keep more of their money.

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Meanwhile, Heather Scoffield declares the plan to be bold, but worries that there is no alternative to a carbon price if the Supreme Court of Canada strikes down the current one (but that ignores that they could impose it by a different legislative mechanism). Paul Wells is also surprised by the audacity of the plan, given that this government likes to try and take the easy route rather than make the politically hard sell of carbon pricing.

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Roundup: Getting to COVID-zero

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The pandemic continues to grow exponentially, and people are wringing their hands about what to do, the notion of getting to COVID-zero is circulating again, after certain jurisdictions – Australia, New Zealand, Slovakia – managed it. So here’s Dr. Isaac Bogoch to explain it.

We can barely get premiers to institute some reasonably tough measures as it is, which is going to make anything required to actually crush the virus almost impossible – especially if we’re relying on their political calculus that closing businesses is worse for them than the hundreds or thousands of deaths that will happen otherwise.

For a bit of a reality check on the feasibility of this, Chris Selley explains why some countries’ systems for locking down COVID wouldn’t work in Canada, either because they were draconian or we are too far behind the curve to make it happen.

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