Tag Archives: CBSA

QP: The “failure” drinking game

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Almost immediately after the dramatic floor-crossing by MP Leona Alleslev from the Liberals to the Conservatives, a smug press conference from Andrew Scheer, and the arrival of new Conservative MP Richard Martel, things settled in for the first QP of the fall sitting. Scheer led off, mini-lectern on desk, and he listed off the various “failures” of Justin Trudeau, getting breathier as he went along. Trudeau first welcomed the new batch of pages to the House before he listed the various successes of the government, including the $2000 more in the pockets of families. Scheer listed the “failures” in the energy sector, and Trudeau noted the ten years of failures by the previous government, and that they would get Trans Mountain built “in the right way.” Scheer tried again, and got slightly more pabulum from Trudeau on the need to get more markets for oil. Scheer then switched to the “crisis” of irregular border crossers, and Trudeau reminded him that while it was a challenge, they invested in necessary measures to ensure that rules are all followed. Scheer asked again in French, and got the same answer. Guy Caron led for the NDP, and he immediately launched into concerns about concessions around Supply Management, to which Trudeau assured him that they would get a good deal on NAFTA. Caron name-dropped Jagmeet Singh and worried about someone’s housing situation, and Trudeau reminded him that they have made investments in housing, and they were moving ahead with a $40 billion national housing strategy. Charlie Angus was up next, and offered some disappointment on behalf of the Kasheshewan First Nation. Trudeau mentioned the billions apportioned to Indigenous communities before picking up a paper to list the interim solution they have come to and that more developments were coming later in the week. Angus responded angrily, demanding immediate solutions, and Trudeau responded with the list of ways they are trying to work with Indigenous communities to solve these problems.

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Roundup: Setting a trap at committee

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The use of Commons committees for performative outrage continued in fine tradition yesterday as an emergency meeting of the natural resources committee was convened, during which the Conservatives demanded that the ministers of natural resource and finance appear before them no later than Thursday with “concrete” plans for the next steps of the Trans Mountain pipeline. This, of course, is a bit of a trap, and unrealistic for any government to comply with, and yet here we were. Why it’s a trap, of course, is that when they inevitably refused and the Liberals con the committee voted it down, Andrew Scheer and his caucus could rush to the media about how outrageous it was that Trudeau was avoiding accountability for his “failure” when their demand was utterly unreasonable in the first place. But why should facts or context matter?

Now, don’t get me wrong – I do think that these ministers should absolutely appear before committee, but not for another couple of weeks, until they’ve had time to digest the Federal Court of Appeal decision, at which time they should answer for why they considered the flawed NEB report, and why they did not engage in an adequate consultation process that would meet the requirements of Section 35 of the Constitution. You know – to hold them to account like a committee should.

As for next steps, there have been boneheaded demands for a “legislative solution” that people keep tossing around, and it’s so stupid – the FCA decision specifically stated that this is a Cabinet decision to approve the licence, so you can’t legislate it into existence, nor would trying to retroactively change the legislation that the NEB was operating under when it didn’t properly scope the marine safety aspect of their report be a feasible option, because it opens all manner of cans of worms. And you most especially can’t legislate away the duty to consult under Section 35, so good luck there. The Conservatives won’t say what they’d do, let alone do differently, while the NDP continue to demand that Trudeau cancel the expansion, and have been giving this ridiculous line that they wanted a Supreme Court reference in the first place and nobody listened to them. The problem was their reference was about jurisdiction, which this decision has nothing to do with, which makes their talking point especially specious.

Meanwhile, Chris Turner has a spectacular piece in Maclean’sabout the history of the pipeline and how it got to be the dumpster fire of an issue that it is today, and I’d encourage you to take the time to read it.

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Roundup: Effacing labour

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Yesterday having been Labour Day, there were a couple of topical stories out there – that the government’s look at updating the Canada Labour Codemay look at more measures to help with work-life balance, and that there are ideas on the table to look at taxing robots who replace workers with automation (though this seems fraught with all manner of complications). There is even talk about how this government has given the labour movement a seat at the table with trade negotiations (though there is some talk about how it’s all for show, and that they have little actual impact). But all of this having been said, I found the statements by the leaders to be interesting.

https://twitter.com/MinWorkDev/status/1036629441517182984

https://twitter.com/theJagmeetSingh/status/1036677765250965504

Trudeau’s tweet was fairly standard, spoke about the labour movement, and the attached statement went into more detail about the achievements of the aforementioned labour movement. His minister of labour, Patty Hajdu, had a video message that talked about ways they are working on improving the current conditions, with a focus on harassment and coming pay equity legislation. Jagmeet Singh, true to NDP form, spoke about the focus on workers. But Andrew Scheer?

Nothing about the actual meaning of Labour Day. Nothing about the gains made by the labour movement, or the safety of workers, or the eight-hour work day, or weekends. Nope. It’s a holiday before getting “back to the grind.” Now, the previous government was no friend to labour, with vexatious legislation designed to make certification harder, impose onerous financial reporting requirements, the fight with public sector unions over sick days, and numerous back-to-work bills. But to not even mention the history of the movement and the gains made, whether it’s with occupational health and safety, weekends, pensions, anything? It smacks of pettiness, and of effacing history – you know, something he gets riled up when it’s a statue of Sir John A. Macdonald, but apparently not the Winnipeg General Strike.

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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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