Tag Archives: CBSA

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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QP: Circling back to Atwal, yet again

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A frigid Tuesday in Ottawa, and all of the leaders were present in Question Period, for a change. Andrew Scheer led off, mini-lectern on desk, and he immediately returned to the Atwal issue, wondering who was telling the truth about Atwal — him or the Indian government. Justin Trudeau stood up and said that he would always believe the advice of non-partisan public servants over anyone else. Scheer pressed, and Trudeau reminded him that Randeep Sarai took responsibility for proffering the invitation, but he trusted public service. Scheer tried again in French, and Trudeau repeated that same point about believing public servants. Scheer reverted to English, reset his preamble to provide a fresh media clip, and wondered if it was Chrystia Freeland who was telling the truth this time when she said it was an honest mistake. Trudeau reiterated the same point about believing public service. Scheer demanded an answer as to whether the “conspiracy theory” was baseless, and Trudeau reminded him that for ten years, the Harper government diminished and belittled the work of public servants, and the Conservatives hadn’t moved on from those habits. Guy Caron was up next, and worried about the Facebook data used by Cambridge Analytica. Trudeau noted that they take privacy seriously, and it’s why the Minister of Democratic Institutions was looking into electoral interference, and the Privacy Commissioner also indicated he was taking a look. Caron demanded that the issue of data protection be raised at the G7 meeting in June, and Trudeau assured him that they had already had these conversations and they would continue to do so. Hélène Laverdière raised the armoured vehicle sales to Saudi Arabia, and Trudeau first pointed asked her to ask her caucus colleague from London Fanshaw if she wanted them to cancel that contract, but that they were taking the issue more seriously than the previous government did. Laverdière demanded to know if human rights were for sale, and Trudeau took up a script this time to insist that they respect human rights obligations.

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Roundup: Lagging CBSA oversight

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A report commissioned by PCO advises for the creation of a new oversight body for both the CBSA and the RCMP, given the amount of overlap between the two bodies when it comes to law enforcement. Currently, CBSA has no civilian oversight, though its national security functions are just now getting some oversight under the National Security and Intelligence Committee of Parliamentarians, and those functions would likely fall under the creation of the new intelligence commissioner created in Bill C-59 – but those don’t deal with the day-to-day interactions at the borders, or with some of their other functions, like immigration detention.

What the Canadian Press story doesn’t mention is that there is right now a Senate bill sitting on the Order Paper, which passed the Senate unanimously, to create a CBSA Inspector General. In fact, it passed in October 2016, and has been sitting there ever since, as no MP has bothered to sign up to sponsor it (which is unusual in the extreme). More unusual is the fact that Ralph Goodale had previously signed up to sponsor the version of the bill that was being debated in the previous parliament, but now that he’s public safety minister, he’s become much more gun-shy, saying that they need to do more consultation and will come out with their own bill. But almost a year-and-a-half later, it’s still sitting there, when it could be amended by the government to make whatever technical fixes they deem necessary and swiftly passed. (I last wrote about this for the Law Times a year ago).

Of course, if they wanted to go that route, the government would need to give the bill a Royal Recommendation and put in implementation language into the bill – something that it currently lacks to get around the requirement that it can’t spend money. In other words, it’s a framework but nothing more at this point. But if the government were serious about oversight for CBSA, they could do something to ensure that it happens expeditiously. But that commitment to oversight seems to be a bit more academic at this point, given that they haven’t moved on this in all this time. And that should be mentioned in these more recent stories, but haven’t been.

https://twitter.com/cforcese/status/948274583865499649

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Roundup: A new justice named

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Justice Sheilah L. Martin of the Courts of Appeal for Alberta, Northwest Territories and Nunavut, has been nominated as the next Supreme Court of Canada justice, slated to replace outgoing Chief Justice Beverley McLachlin. Martin, who was born and educated in Quebec and is fluently bilingual and knowledgeable in both common law and Quebec’s civil code, and has been on the bench in the North as well as the west. She was once dean of a law school and has not only contributed to legal scholarship, but has also weighed in on some significant cases in her time on the bench, with pretty well-considered judgments. She is not, however, Indigenous, like many had been hoping. (For more on Martin, here is the link to her application questionnaire, and also follow the embedded Tonda McCharles tweet thread).

The issue of demanding bilingual judges is going to be an impediment for Indigenous candidates, for whom it creates an additional barrier, and when NDP leader Jagmeet Singh dared to suggest that perhaps they create an exception to that would-be rule for Indigenous nominees, he was forced by the rest of his party to walk back from that statement in favour of some platitudes about helping would-be Indigenous candidates with official language capacity instead. Note that NDP MP Romeo Saganash has come out against party policy to say that this demand for official-language bilingual judges hurts the cause of more Indigenous justices on the bench, but apparently that perspective is being silenced.

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https://twitter.com/EmmMacfarlane/status/935968214022086656

While some Indigenous lawyers are upset by the choice of a non-Indigenous jurist, I think we do need to recognize that the feeder pools with provincial Superior courts and the Courts of Appeal still have large diversity problems, which is why this government went about reforming the process to appoint those judges (and partially why it’s taking so long to fill those vacancies). When the trickle-down starts to happen there, it will mean a bigger pool of diverse candidates available in the future that may not be there right now. Of course, we won’t know the demographics of who applied to this round, so that does matter as well (and we won’t know for another month), so we may get more answers at that point.

https://twitter.com/cmathen/status/935924061779062785

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QP: No one is above the law

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With the PM off in PEI to deliver a speech and then off to Newfoundland to do a bit of by-election campaigning, Andrew Scheer opted not to show up either. That meant that it was up to Lisa Raitt to lead off, raising the new headlines around Stephen Bronfman, and demanded to know what assurances the PM had received from him. In response, Diane Lebouthillier gave her usual assurances that they are investigating tax evasion and charges were upcoming. When Raitt demanded to know if Bronfman was under investigation — as though the minister could actually answer that — and Lebouthillier reminded her that the previous government, of which Raitt was a member, cut investigations. Raitt then disingenuously suggested that the PM interfered in an investigation — wholly falsely — and Lebouthillier reiterated her assurances. Gérard Deltell got up to repeat the questions in French, to which Lebouthillier reminded him that she can’t comment on any investigation under the law and that they knew that. After another round of the same, Guy Caron got up to also carry on the Bronfman questions, and Lebouthillier dutifully repeated her points about investigations. Caron repeated in English, and Lebouthillier sharply noted that no one was above the law, and nobody was interfering with any investigation. Matthew Dubé was up next to ask about SS7 vulnerabilities with Canadian mobile phones, to which Ralph Goodale said that this was a CSE responsibility, that they work with telecom companies, and if they needed more of a push, they would get it. Dubé demanded legislative updates to protect Canadians’ privacy, and Goodale assured him that a cyber-review was underway and at least three initiatives would be tabled in the coming weeks.

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Roundup: Absurd procedural objections abound

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There are times when I don’t get the way that the opposition is trying to do its job – and I don’t mean the epic levels of disingenuousness and mendaciousness by which Question Period is operating these days. Rather, it’s the procedural objections to the way in which the government plans to handle Bill C-59, being the major national security bill that they’ve tabled. They’ve stated that they want the bill to head to committee before Second Reading, which is unusual, but still procedurally sound because it means that it will allow for a wider variety of amendments to be proposed and adopted, as a vote at Second Reading means that the bill is “locked” at its principles, and changes made at that point tend to be fairly technical. One would think that proactively taking this move would generally be appreciated, because it’s a recognition that it’s a tough subject that they want to get as much input on as possible, and are open to a wider degree of changes than usual. But no.

Instead, the opposition are now crying foul because they say that the government is trying to “fast track” it by doing his – not necessarily true, given that it can stay at committee for a long time, and they haven’t invoked any time allocation – that they’re trying to “evade” second reading debate (which, again, is absurd given the procedural move of allowing a greater scope of amendments), and that they’re avoiding the possibility that the Speaker could break up the bill because it’s an omnibus bill. But part of the problem with that is that omnibus bills aren’t bad per se – they’re bad when they’re used abusively to ram through a multitude of unrelated things with little debate. In this case, all of the constituent changes in the bill, which affect several other existing pieces of legislation, are all part of the same national security framework. It makes more sense to make the changes at once with a single piece of legislation rather than piecemeal bills that may create legislative traffic jams that would require coordinating amendments in order to ensure that all of the changes don’t butt up against one another. It’s hardly an abuse of omnibus legislation in this case, and they should know that.

What the government is doing is procedurally sound, and I can’t count the number of times that the NDP have demanded that bills go to committee before second reading debate on a whole host of issues (and it happened a lot under the previous regime). This government is doing that move on a major piece of legislation proactively, and they’re being accused of evasion. It’s enough to make a person scream.

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Roundup: Let’s not lobotomize the GG

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There have been so, so many bad takes on the whole issue of Her Excellency Julie Payette’s speech to scientists last week, but there’s one published by the National Post yesterday that was so terrible, that Paul Wells’ incredulous reaction is something that matches my own. Fraser Valley University history professor Barbara Messamore writes that Julie Payette should be a scripted automaton because that’s the role that Governors General are expected to be.

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No. Absolutely not.

This is the kind of thing that drives me completely insane. This constant need to keep politics as tightly scripted and lifeless as possible is part of what is killing our democracy, and it’s telling that so many people flocked to the unscripted (and unhinged) Donald Trump because of his “authenticity.” And to demand this of a vice-regal position is completely overkill. I also continue to boggle at the number of pundits who think that Payette somehow was commenting on live issues under debate. I’ve asked, and yet no one can point to where any of our mainstream parties are denying climate change, or who support creationism in our school curricula. They don’t exist in Canada, which is why the insistence that these are somehow issues under debate is baffling.

But beyond that, I find it unfathomable that we would want brilliant and accomplished individuals for the role, given the immense power at their disposal (should they choose to set off a constitutional crisis to exercise most of it), or the tough decisions that may be asked of them in any number of post-election scenarios, while we simultaneously demand that they be utterly vacuous so as not to cause problems. But while Payette may have rankled the delicate sensibilities of some, she also did not cross a partisan line which is what matters in this situation. Why we should force her to lobotomise herself for the sake of smiling and waving and mouthing beige platitudes makes no sense. If that’s what we want, then why not simply put some bilingual starlet in the role so that she can look good in photos and can smile and wave to her heart’s content? Why bother looking for someone accomplished if we’re not going to let them speak or exercise the judgment that we ask of them when it counts? If we let Payette continue to go unscripted, could she make a mistake? Maybe. She’s human. But it keeps her authentic and the reflection of her true self and intellect, and that to me is far more important than the fact that she may bruise a few feelings from time to time. We’re grown-ups. We should be able to handle the odd bump, and it’s far better than the alternative.

Meanwhile, Michael Coren defends Her Excellency’s “mocking” of religion from his own religious perspective, and he calls out the Conservatives’ attempts to make political hay out of this, which he deems akin to “prayer abuse” – something refreshing amidst days of fainting couches and clutched pearls.

 

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