Tag Archives: CBSA

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).

https://twitter.com/EmmMacfarlane/status/1025031516290613248

https://twitter.com/EmmMacfarlane/status/1025034441410797568

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.

https://twitter.com/coreyshefman/status/1025022811579006976

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Roundup: A summer stunt

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With the new Cabinet in place and a new trade minister now in the portfolio, Andrew Scheer decided that yesterday was the day to engage in a political stunt and demand that Parliament be recalled in the middle of summer in order to pass the enabling legislation for the Trans-Pacific Partnership. Astute observers may recall that the Conservatives made a couple of attempts before the Commons rose for the summer to pass the bill at all stages with zero debate or committee study, but were rebuffed both times. Now they want Parliament to sit over the summer in order to pass it expeditiously.

There are, of course, a few problems with this demand. First of all, Ottawa is a virtual ghost town at this time of year, as a sizeable portion of the population (and most especially the civil service) is off at some cottage somewhere, and very little is getting done. You want to ensure there’s a revolt, then cancel everyone’s vacations. A number of workers on Parliament Hill, such as those who work in the Parliamentary Restaurant, get laid off over the summer, so rehiring them for a few days or a week would be a giant logistical nightmare. Not to mention, you’re going to have a tonne of cranky MPs who are hot and sticky in humid Ottawa, who are will spend the time grousing that they have work to do in their consitutencies (especially with an election a little over a year away). This especially includes Scheer’s own MPs. Add to that, Scheer says that the Commons needs to move now because there’s no guarantee how long the Senate will take with this – err, except if his own senators offer to play ball with the other senators and come to an agreement on a timeline for the bill, then it’s more of an empty threat.

The government, mind you, shot down this proposal because it’s a blatant stunt, but that left the Conservatives the day to start tweeting sanctimoniously over Twitter about how they’re willing to get to work but the Liberals aren’t. (Seriously guys, this game will bite you in the ass before you know it). And then there’s the kicker – Scheer made this demand, then rebuffed the media requests and said he’s off for holidays for the next two weeks, thus cementing the fact that this was all a stunt. Slow clap, guys. But I guess it’s a way to try and capture the news cycle for the day.

Meanwhile, here’s Philippe Lagassé to school you on how most people don’t it right when they talk about treaty ratification in our parliamentary system.

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Roundup: Duffy’s poor arguments

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Day two of Duffy’s bid to sue the Senate, and his lawyer came up with some…novel arguments. And it sounds like the judge wasn’t buying many of them. For example, they tried to argue that because PMO was exerting influence on the Senate’s leadership that it should nullify privilege. That’s…creative, and utterly ridiculous. When he tried to argue that the suspension should be invalid because it was done for political purposes, the judge wondered aloud if that meant she would have to call every member of the Internal Economy Committee to testify as to their motives – and no, that wasn’t going to happen she quickly decided. They also tried to argue that because the suspension wasn’t related to legislation that privilege doesn’t apply. But that’s also ridiculous because the ability to discipline its members is among the privileges outlined in Section 18 of the Constitution Act, 1867. So good luck with that.  Oh, and the “indefinite suspension” argument is also void because it wasn’t indefinite – it was until the end of the parliamentary session, and there was a fixed election date, so it would expire at that point regardless. (Also, the Senate’s privileges allow it to expel a member, so arguing that indefinite suspension is tantamount to expulsion is also not a solid argument).

The final argument was a plea to put the Charter ahead of privilege, which would go against previous Supreme Court of Canada rulings that stated just the opposite – that the Charter doesn’t trump privilege, because that would open up a floodgate to litigation against the parliamentary process. There’s a thing called stare decisis, the doctrine of precedent that binds our common law system, and while there are rare cases where it can be challenges, this isn’t one of them. It’s actually quite audacious that his lawyer would make the case, and I’m not seeing any particular argument about how the judge should invalidate a Supreme Court of Canada ruling. So yeah. Good luck to this case, because I really don’t see it going anywhere fast.

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Roundup: A diminishing work ethic?

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The Senate rose for the summer yesterday after the morning’s royal assent ceremony, which I find to be extremely curious given that they were scheduled to sit for another week and had a whole new batch of bills sent to them when the House rose on Wednesday. You would think that they would want to get started on them, and possibly even pass a few more of them before rising for the summer, but apparently not, and that does trouble me a little bit. We saw this happen at Christmas, and we’re seeing it again now, where the tradition that the Senate sits at least an extra week to get through the raft of bills sent to them by the Commons is being abrogated by Senate leadership that seems less interested in demonstrating that they’re doing the work that needs to be done when MPs take off.

Speaking of Senate leadership, our good friend, the Leader of the Government in the Senate – err, “government representative” sent out a press release yesterday that pat himself on the back for all of the changes to make the Senate more independent, which he equated with making better laws. Why? Well, 13 out of 51 bills in the current session of this parliament were successfully amended by the Senate, so that must mean it’s working! Well, maybe, but it ignores the context that the current prime minister is more willing to entertain some amendments, unlike the previous one. That gives room for the Senate to propose them, but the vast majority of the amendments that do get accepted tend to be technical rather than substantive ones. Not that it doesn’t happen – the government has backed down on a couple of occasions and accepted major amendments (like with the RCMP unionisation bill, which had a Supreme Court of Canada ruling to back up the amendments), but for the most part, the government has resisted substantive amendments to its legislation, so much that you have their new appointees like Senator Pratte openly questioning why the government bothered with creating its “independent Senate” if they’re not going to listen to what it has to say. Not that I’m suggesting that the government should accept every Senate amendment, but there are recent examples where they probably should have, such as with the impaired driving bill that passed this week. There was overwhelming evidence to show that this was almost certainly unconstitutional and would create havoc within the justice system, but the government refused to listen, and senators backed down and let the government reject their amendments rather than insist upon them in the face of such overwhelming testimony. If Harder were really concerned that the Senate was improving legislation, he might not have insisted that once the government rejected those amendments that the Senate back down rather than stand up for some constitutional principles, but he didn’t. Make of that what you will.

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QP: One of sixty first cousins

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On the return of Parliament after a break week and Victoria Day, it was almost a pleasant surprise to see all of the leaders present – something that’s become increasingly rare of late. Andrew Scheer led off, mini-lectern on desk, and he read some great concern that the prime minister had “ordered” Elections Canada to implement the changes of the electoral reform bill before it had even had any debate in the Commons. (Note: I don’t think the PM can issue such an order, because Elections Canada is arm’s length from the government). Justin Trudeau took up a script to read about how they were looking to reverse the changes that the previous government made to make it harder to vote. Scheer demanded that the government commit to not make any spending announcements during the pre-writ period, and this time Trudeau replied extemporaneously that the previous government made changes that were for their own benefit rather than making it easier for Canadians to vote. Scheer then read about the Dogwood initiative getting American funds, and how that was foreign funding interfering in Canadian elections, and Trudeau reminded him that they believe in things like freedom of speech and that they don’t brand groups as eco-terrorists. Scheer then changed tactics to ask about the carbon tax in French, citing disingenuous numbers about the impact on the GDP, and Trudeau reminded him that 80 percent of Canadians already live in jurisdictions with a carbon price. Scheer switched back to English to decry the increase in taxes on hard-working Canadians, and Trudeau reiterated that they are working with the provinces to have their own approaches to pricing carbon, and that the respect for provincial jurisdiction was lacking from the previous government. Guy Caron was up next, and concern trolled that the government hadn’t abolished subsidies for oil companies, and Trudeau didn’t so much respond as say that they promised to grow the economy while reducing emissions. Caron then equated any investment in Trans Mountain to a subsidy and demanded to know how much they would spend on it, and Trudeau reminded him that they don’t negotiate in public. Rachel Blaney reiterated the question in English, insinuating that the government were no longer forward-looking, and Trudeau reiterated his response before adding that they strengthened the process around Trans Mountain. Blaney made the link between billons for Kinder Morgan and boil-water advisories on First Nations, and Trudeau reminded her that they are on track to ending boil-water advisories, and the NDP should listen to those First Nations that support the pipeline.

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Roundup: Border agent woes

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When the House of Commons returns on Tuesday, it’s a pretty safe bet to say that the news that the Canada Border Services Agency is shifting customs agents from the GTA to the Quebec border is going to be one of the main topics of conversation. In fact, I can pretty much guarantee that it’ll come up in Question Period on the first day back. Why? Because amidst this news, a memo from Air Canada pilots claims that they may face delays of up to an hour, being kept on the tarmac because of this lack of agents. There are denials all around (and I’m a bit skeptical myself – I can see big lines in the airport, but I have a hard time seeing why they’d detain them on the tarmac), but the line is going to be that Trudeau is making you wait on the tarmac because he can’t enforce the law on the border.

It’s not exactly true, of course. Whether we see actual delays at airports remains to be seen, but the continued insistence that he can somehow snap his fingers and the border will somehow seal itself is this specious bit of political fiction that nobody wants to seem to own up to. I’ve written about this before – he can’t unilaterally declare the entire border to be an official port of entry, nor can he amend the Safe Third Country Agreement because that requires the buy-in of the Americans, and that’s not going to happen. If he suspends the agreement, like the NDP demands, that will cause a flood at border crossings of people who are jurisdiction shopping while making asylum claims, which was the whole reason the agreement was made in the first place. Direct engagement with the communities where the influx is coming from had success with the Haitian community and the government is looking to repeat it with Nigeria, where most of the new claimants are coming from (and no one has yet explained why that’s the case), but we’ll see when they can actually start engaging.

What this does illustrate is that the government still has a way to go in order to re-capitalize CBSA and ensure that they have enough border guards and customs agents. (They also need to fill vacancies in the Immigration and Refugee Board, and to give them additional resources, but that hasn’t been happening expeditiously either). And yes, this is something that Conservatives can share in the blame with as well, because they cut CBSA to the point where they were having to suspend a number of programmes like screening for drugs being exported, and they had to let go of most of their sniffer dogs because they no longer had the budget. Will this light a fire under the government to properly rebuild their capacity? We’ll see. They insist they’re re-investing but it may be of little use if the situation sounds as dire as it is right now with these rotations in and out of the border crossing.

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QP: Border concerns at the fore

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All leaders were present, and before QP got underway, Guy Caron, Andrew Scheer, and Marco Mendicino made statements about the van attack in Toronto yesterday. After a moment of silence, Scheer led off, concern trolling that the government of Quebec had to go to the media to get action on irregular border crossers. Justin Trudeau said that they had been rebuilding the relationship with the provinces, and that they were working on the issue with them. Scheer demanded to know why nothing had been done over the past year to stem the flow of migrants, and Trudeau took up a script to list the fact that the previous government made cuts to CBSA and the IRB that they were still investing to clean up. Scheer worried that legitimate refugees or immigrants were not getting processed because of these backlogs, and Trudeau didn’t use a script to call out the Conservatives for having broken the system. Scheer protested that the Conservatives had a “generous” refugee resettlement programme, but Trudeau reiterated the cuts that the previous government instituted. Scheer tried one last time, and Trudeau noted that the backlogs now were as a result of those cuts, while his government was cutting processing times while still respecting the rules around international asylum claimants. Guy Caron was up next for the NDP, accusing the government of rigging the Trans Mountain approval process, to which Trudeau deployed a platitude about energy and the environment going together. Caron switched to French to repeat the question, and Trudeau took a script this time to chastise the NDP for their incoherent position before retreating to the platitudes. Hélène Laverdière was up next to demand the suspension of the Safe Third Country agreement, to which Trudeau took up a new script to read about how they were investing in accelerating processing and strengthening the border. Jenny Kwan reiterated the question in English, to which Trudeau worried that the NDP may be trying to stoke fears around asylum seekers as well, before repeating his previous points sans script.

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QP: Portents of economic doom

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 As Justin Trudeau met with Commonwealth Heads of Government in London, and Andrew Scheer spent the day in Quebec, which left Shannon Stubbs to lead off, and she read some declinist fan fiction about the collapse of the Canadian economy because the prime minister allegedly wants to phase out the oil sector. Jim Carr responded by listing some good economic news, including how Alberta is set to lead the country in growth, which the other party apparently couldn’t support. Stubbs read more doom, and Carr responded with the number of approved pipelines that were coupled with their oceans protection plan. Stubbs demanded championing of the sector, but Carr listed that the previous government didn’t get pipelines to tidewater, and that they ignored their constitutional obligations toward Indigenous Canadians. Gérard Deltell took over in French, lamenting IMF forecasts, to which Kirsty Duncan stood up to read some statistics about job growth and economic growth leading the G7. Deltell repeated the demand to champion investment in energy, to which Carr reiterated his lines about the Conservative record in French. Guy Caron was up next for the NDP, accusing the government of kowtowing to Texas oil giants, to which Carr reminded him that they took the lessons of the previous government’s failures and engaged in new consultations, which they felt covered off their Section 35 obligations. Caron reiterated the question in French, and Carr reiterated that their process was different than the Harper government’s, because that one had failed. Nathan Cullen was up next, to repeat the same question in English, with some added sanctimony, and Carr’s repeated response had a bit of exasperation creeping into it, and then they went yet another round of the same.

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Roundup: Artificial cannabis vote drama

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It started with a bunch of headlines about how it was do-or-die day for the marijuana bill in the Senate. Apparently, nobody can canvas vote numbers any longer, so there was the suggestion that it was going to be close, and that that it could be defeated. The Government Leader in the Senate – err, “government representative” even went before the cameras to play up the drama of not knowing the votes. As context, a number of senators were travelling on committee business, and there was a scramble to get them back to town in order to ensure they could vote on the bill (and while CBC gave the headline that it was the “government” scrambling, that would imply that it was actually government staffers doing the calling, not the ISG’s coordinators, as it actually was). The bill eventually passed Second Reading, and it wasn’t even a close vote.

With a new captive audience, reporters who don’t normally tune into the Senate got the Conservative senators’ greatest hits of over the top, ridiculous denunciations of the bill, and the usual canards as though this was just inventing marijuana rather than controlling something that some twenty percent of youths (and the 45-to-65 crowd as well) have used in the past year. Senator Boivenu got so emotional that he called the bill a “piece of shit” that won’t “protect people.” And on it went. From a press event in New Brunswick, Trudeau said that Senators are supposed to improve bills, not defeat them, though to be clear, they do have an absolute veto for a reason, and they refrain from using it unless it’s a dire circumstance because they know that they don’t have a democratic mandate. This bill, however, doesn’t really come close to qualifying as a reason to defeat a government bill (though I’m not sure all of the senators have the memo about using their mandate sparingly).

Since 1980, the Senate has only defeated three government bills, and in each time it was at third reading, which means that they let them go through committee before deciding to defeat them. In two of those cases, it was Charter rights at play, and the budget implementation bill in 1993 included some cuts to programmes and “streamlining” or boards and tribunals that were a straw too far even for some Progressive Conservative senators that they voted against their own government. This particular bill doesn’t rise to either of those particular tests. As for what would happen if it were to be defeated, well, the government can’t introduce the same bill twice in a single session. The way around that? Prorogue and reintroduce it. It would only delay, which may in fact hurt the Conservatives in the end.

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QP: Twin moral panics in play

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While Justin Trudeau was off to Toronto, Andrew Scheer was present for Question Period, and he led off with the role that Christopher Wylie, the infamous “Facebook whistleblower” had worked for the Liberals, and demanded answers. Scott a Brison pointed out that the Liberal Research Bureau had already issued a statement saying that they decided not to go ahead with his services and that he had no access to voter data. Scheer lamented that Trudeau didn’t answer — being cute because Trudeau was not present — and when he continued to rail about Wylie, Brison reiterate his response, and hit back with contracts the Conservatives tendered for their own data services. Alain Rayes took over in French to ask the same thing two more times, and Brison repeated his responses (albeit in English). Scheer got back up to rail about the “peoplekind” joke and the apparently scandalous news that Service Canada is not supposed to use the honourifics of “Mr.” of “Mrs.” The horror! Jean-Yves Duclos assured him that they can still use the honourifics, but that they were working to be more inclusive of all gender identities. Guy Caron led off for the NDP, condemning the lack of action on tax evasion despite the $1 billion investment to do so. Diane Lebouthillier got up to assure him that they were looking into tax evasion and had new agreements to get necessary data, and when Caron got up to rail that CRA was slapped with a $1 million fine for abusive behaviour, Lebouthillier reiterated that the case dated back to the Conservatives. Peter Julian got up to repeat the condemnation around tax evasion in English, and Lebouthillier reminded him that they now have the data they need. Julian tried one more time, throwing every thing else in the question, and Lebouthillier retorted that the OECD has recognised Canada’s leadership in data-driven combatting against tax evasion.

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