Roundup: Foreign fighters and the fear industry

As the issue of returning jihadis continues to ramp up, with some frankly irresponsible journalistic stirring of pots along the way, it’s important that we take a breath and listen to some of the experts who study this kind of thing for a living.

To that end, Ralph Goodale was on CTV’s Question Period yesterday, talking about how it’s unlikely that most of those who return could be rehabilitated (which is assuming that those who return are hard-core jihadis and are not likely women and the children they had while over in there), which is again countered by yet other experts who say that it is possible to rehabilitate them, but it requires careful effort.

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But the thing that we should be most aware of is the fact that there is an industry dedicated to fear in Canada, and we should be very cautious of feeding into it – especially if it’s simply for partisan point-scoring, or even for the sake of a sensational headline. And we are seeing a lot of this partisan point-scoring right now, with the Conservatives insisting that the government is being “soft on terror” by welcoming the worst murders back with hugs and government dollars for said rehabilitation, which is completely not the case – but hey, we’re in an era right now where the truth is hardly anywhere to be seen in the opposition benches as everything needs to be wrapped in a disingenuous and mendacious frame in order to amp up the drama, for the sake of sharing it on their social media channels, damn the consequences. And there are consequences, such as the reports of people trying to confront Trudeau about those returning jihadis during that swarming at the mall in Scarborough, no doubt whipped up by the fear industry. We should have a sense of responsibility around a serious topic like this, but I’m not seeing much of one.

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QP: No one is above the law

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: Artificial deadline drama

It’s one of these kinds of stories that I’m already suspicious of – the kind that presuppose that the Senate is going to delay the course of legislation. And lo, the fact that there is a story with Bill Blair out there, shaking his finger at the Senate and warning them not to delay the marijuana legislation, is one that makes me roll my eyes because 1) the Bill still hasn’t passed the Commons, and may not yet for another week; and 2) I have heard zero plans from any senators that this is something that they intend to sit on until any deadlines pass or expire. In fact, I’ve heard pretty much the opposite – that to date, there is an extreme reluctance on the part of those making up the Independent Senators Group to delaying or being perceived to be delaying government bills, and they will provide the statistics to show that they pass bills faster than the House of Commons does as a way to prove that they don’t delay bills.

Oh, but what about the national anthem bill, which Conservative senators are sitting on and deliberately delaying? Well, that’s a private member’s bill, so it is at the mercy of Senate procedure, unlike a government bill – as the marijuana legislation is – which not only takes precedence over other business in the Senate, and which Senator Peter Harder, the Government Leader in the Senate – err, “government representative” could invoke time allocation on, and I’m sure that he would be able to get enough votes for it to pass (grumbling of Conservative senators aside). This having been said, I think that perhaps it may be pushing it for the government to insist that a major piece of legislation like the marijuana bill be passed by the Senate within three weeks given that they took much longer on it, and given that provincial governments have a lot to say on the matter – though I’m hearing that the Senate will likely sit a full week longer than the Commons will before they rise for the Christmas break, meaning that if the Commons passes it by this Friday, it would be four weeks for the Senate to pass it before the break, which is a long time for a bill in the Senate, but not unreasonable. And if the Commons was so concerned about how long it was taking, they would have picked up their own pace on the bill beforehand. They didn’t, and didn’t invoke time allocation on it thus far, meaning that this concern of Blair’s is artificial and used to create some faux drama. People aren’t stupid – creating a problem where one doesn’t exist is just as likely to backfire than it is to try and shame the Senate into doing your bidding.

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Roundup: Provocation theatre

I have been giving a good deal of thought to this whole situation with Rachael Harder and the Status of Women committee, and it wasn’t until Andrew Scheer went on CTV’s Your Morning yesterday to decry the “intolerance” of Liberal MPs for a “strong, competent, dynamic young woman” that it started to click. “The Liberals are trying to politicize this. I actually find it disgusting that the Liberals would treat a young, female Member of Parliament in this way, and it just shows the intolerance of the Liberal party,” Scheer went on to say, which is hilarious because he’s the one who made the very political move of putting his critic into the role of committee chair, which is supposed to be a neutral arbiter of the rules and to facilitate discussion, and who isn’t supposed to vote other than to break a tie.

It was then that I finally understood what was going on. Andrew Scheer is trying to be a Dollarama knock-off Ann Coulter/Milo Yiannopoulos provocateur.

The signs were all there, from his preoccupation with free speech on campus, to his appropriation of the kinds of alt-right language being used to weaponize free speech across North America, and this move with Harder fits that bill entirely. I’m pretty sure that Scheer knew exactly what he was doing when he put someone who was avowedly pro-life into the Status of Women portfolio as a poke in the eye to the Liberals (for whom there are still some unhealed wounds over Trudeau’s dictate that the party is a pro-choice, full-stop), and it was an even bigger deliberate provocation to try and put her into the chair position of that committee, no matter how inappropriate it was to put a critic into that role. Of course, this is Scheer, so his timing has been inept enough that he created his own distraction from the tax proposal issue that he has been all sound and fury over (then tried to blame the Liberals for creating the distraction). It was also his way of provoking another round of discussion about the abortion issue without his having to deliberately raise it – he just ensured that the Liberals and NDP would do it for him, and he could stand back and accuse them of “politicizing” the issue, and then getting Harder to play victim.

Of course, some of the pundit class is trying to brand this as the Liberals being “in contempt of Parliament” (which is a specific Thing, and this is not it – and when you point that out, the correction is “having contempt for Parliament.”) Which is ridiculous. Walking out on votes is as much a parliamentary tradition as filibusters and any other procedural protest. And when it’s being done because someone wants to play provocateur in order to virtue signal to a portion of their base that they want to solidify, it’s all the more eye-roll inducing.

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Roundup: Exit the GG

With this being Governor General David Johnston’s last week on the job, and before we see the installation of Julie Payette as his successor next week, I thought I’d share this thread from Philippe Lagassé from the weekend on the job of being GG.

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Meanwhile, that interview with Maclean’s that Johnston did last week also sparked a few thoughts from Lagassé as well.

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While I think that Johnston was an okay GG, I do recall there being a few…brow-raising incidents early in his tenure, which most people seem to have glossed over. One was during a cabinet swearing-in shortly after one of the Harper-era elections, where reporters at Rideau Hall noted that he was doing a lot of high-fiving with newly sworn-in cabinet ministers, and while those on the scene tried to raise the issue over Twitter, it got swallowed by the news cycle shortly. (Remember that Johnston was appointed not long after he drafted very narrow terms of reference for the Oliphant Inquiry into Brian Mulroney’s dealings with Karlheinz Schriber, which again were curious at the time). The other incident for me that I found a bit curious was during an interview that Johnston had with George Stroumoublopoulos, in which Strombo raised the promotion of family as one of the things that Johnston was keen to promote during his time in office, and when he asked what that meant, Johnston replied that it started with the nuclear family. As someone for whom the nuclear family was never going to be an option, I found the response curious but it wasn’t really delved into. Nevertheless, Johnston’s tenure has been largely unremarkable, which was probably what those who appointed him were looking for after two previous Governors General that were media darlings and in danger of being a bit self-aggrandizing at times. We’ll see what Julie Payette brings to the role, and I look forward to her installation.

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Roundup: Fun with populist proposals

As the new United Conservative Party in Alberta starts to take shape, some familiar populist tropes have been tossed around, which the leadership candidates – Brian Jean especially – don’t seem to actually think through before proposing it. Colby Cosh, on the other hand, did think through some of those proposals and the problems that they would cause, particularly when it comes to thinks like local referendums on photo radar (which I will remind you is ridiculous – if you don’t want to get a ticket, then don’t speed. It’s your own damn fault if you get one), but the big one is promised recall legislation. People keep bringing this particular idea up time and again, enamoured with American examples thereof, without actually thinking through the consequences of how it would work in our particular system, especially when there are more than two parties on the ballot, making thresholds an important consideration. In BC, the one province where recall legislation exists, it’s set at 40 percent of eligible voters, making it high enough to never actually be used, but the Wildrose had previously proposed a twenty percent threshold, which would set up a constant flow of recall initiatives, at which point it becomes comical. Suffice to say, populism is not democracy, and people who treat them as interchangeable are asking for trouble.

Meanwhile, as could be expected, old Wildrose holdouts are looking to revive their now moribund party in one form or another, likely with a new name but the same policies and party constitution, given that they resolutely remain opposed to uniting. At the same time, former PC operatives and the provinces’ hipster centrists, the Alberta Party, are holding “Alberta Together” meetings, to apparently try and solidify the centrist vote in the province, for what it’s worth.

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Roundup: Virtue signalling over Khadr

It’s official – Omar Khadr got his apology and settlement, but the terms of which are confidential (as is par for the course in most settlement offers), and now the Conservatives are really steaming mad. For his part, Khadr says that he hopes the apology and settlement will restore a bit of his reputation and help people take a second look at his case to see that there was more going on, but also notes that he is not really profiting from his past. While the ministers where quite neutral in their tone, when the parliamentary secretary accompanying them translated in French, he took the partisan shots that the government didn’t, which was odd. Later in the evening, the government put out further clarifications, no doubt bombarded with accusations of bad faith.

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Later in the afternoon, Andrew Scheer took to the microphones to offer a take so utterly disingenuous that it borders on gob-smacking. Essentially, he argued that a) they should have spared no expense in fighting Khadr’s suit, and b) that the remedy for the Supreme Court of Canada decisions around Khadr was his repatriation, which is a complete and utter fabrication. And there’s a part of me that would have like to see them argue that case before the Supreme Court, if only to watch the justices there flay them before laughing them out of the room.

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And then the rest of the weighing in, including Stephen Harper, who wanted to pin the blame on the current government, while Conservatives continued to virtue signal that no expense should be spared to give the appearance of fighting terrorists, never mind that this decision is about Khadr’s Charter rights being violated. For a law-and-order party to decide they want to cherry pick which Charter rights don’t apply to people they consider icky, well, that’s a pretty big problem right there.

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Here are some further legal opinions on the settlement, while Craig Forcese offers a reminder of some of the legal points at play, including where successive governments screwed up and made this settlement necessary where they could have repatriated him earlier and put him on trial here, an opportunity now lost. There is also a reminder that the government didn’t disclose the details of earlier settlements with former terror suspects who were cleared of wrongdoing. Terry Glavin has little patience for how this was handled on all sides, while Susan Delcarourt sees signs that people are still open to being convinced about Khadr.

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Roundup: The Khadr settlement

News that Omar Khadr’s lawyers have reached a settlement with the government for some $10 million over his mistreatment and violation of his rights set off a firestorm, particularly among Conservatives, who took to the Twitter Machine to perform some outrage and to virtue signal, ignoring all of the relevant facts about the case, like the fact that he was a child soldier, that he was tortured, subjected to an illegal court process, confessed under duress to a made-up offence and pled guilty under similar duress, and the fact that thrice the Supreme Court of Canada found that we violated his Charter rights. (The government, incidentally, will only confirm that there is a judicial process underway, nor have any Liberal MPs joined in the online fray). And before you ask, no, this isn’t just something to be worn by the Harper government, but goes back to the Chrétien and Martin governments.

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And it cannot be understated, no matter what Khadr is accused of having done (and there is much disputed evidence that he could have thrown that grenade), the reason he would be getting compensation is because Canada violated his rights. And while Andrew MacDougall may explore the partisan point-scoring on Khadr, we cannot escape the simple fact that, as Stephanie Carvin drives home, that we are now paying the financial price for violating his rights for no tangible benefit. I would add that this financial penalty should also serve as a deterrent to future governments who think that they can get away with violating a Canadian’s rights and there not be any consequences. Amidst this, that a party that purports to be concerned with “law and order” to have trouble grasping with the basics of the rule of law, and coming up with a myriad of disingenuous justifications for ignoring said rule of law, is troubling. Oh, and the widow of the soldier that Khadr is alleged to have killed, and the other he is alleged to have blinded, are applying to the Canadian courts to claim his settlement (but I would be curious to see, if it makes it to trial, if their claims would hold up in court considering that they are based on charges and evidence that would not have stood up to Canadian law).

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Meanwhile, while all of this outrage is being performed, remember that these same conservatives who insist that he was fully capable of having the mens rea to commit war crimes (which there are no legal basis for) who also insist that fifteen-year-olds can’t consent to sex, or that they need parental consent to attend gay-straight alliance clubs at their schools. Because there’s so much logical consistency there.

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Roundup: Trying to measure independence

As Senators have made their way back home for the summer, we’re having another round of them poking each other, like kids in the backseat of the car on a long trip, over just who are the “real independents” in the Senate. It’s getting a bit tiresome, especially with the Conservatives insisting that they’re the only ones because they vote against the government more often. The problem is that it’s a fairly flawed metric because they’re the Official Opposition and are supposed to vote against the government on a consistent basis. That doesn’t make them independent – it makes them the opposition.

The big problem with the metric about voting as a measure of independence ignores the broader procedural issues. If the government could really command the votes of its new independent appointees, then bills would be making it through the Senate a lot faster, and they’re not. The logistics of getting legislation through the chamber when you don’t have a whip who is organizing votes is one of the measures by which you can tell that these senators are more independent than the Conservatives in the Senate give them credit for. While the Conservatives, Senate Liberals and Independent Senators Group are getting better at organizing themselves in trying to come up with plans around who will be debating what bills when, the fact that the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, refuses to negotiate with those groups to prioritize some bills over others, has been part of the reason why some bills went off the rails and took forever to pass. If he did negotiate, or could command votes to ensure that bills could be pushed through when needed, I would buy the argument that these senators aren’t really independent. The fact that there is this lack of coherence in moving legislation is one of the markers in the column of greater independence. This is also where the argument about the need for an Official Opposition kicks in.

While the dichotomy of strict Government/Opposition in the Senate has been upended with the new group of Independents, ending the duopoly of power dynamics that contributed to some of the institutional malaise around the rules, I will maintain that an Official Opposition remains important because it’s important to have some focus and coherence when it comes to holding the government to account. Simply relying on loose fish to offer piecemeal opinion on individual pieces of legislation or issues risks diluting the effectiveness of opposition, and it also means that there is less ideological scrutiny of a government’s agenda, which is also important. Partisanship is not necessarily a bad thing, and the Senate has traditionally been a less partisan place because there was no need for electioneering within its ranks. Trying to make it non-partisan will not make it better, but will make it less effective at what it does.

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QP: Demands to split the bill

While it was a Monday with the Prime Minister present, the other major leaders weren’t, curiously enough. Alain Rayes led off for the Conservatives, demanding to know when the budget would be balanced. Justin Trudeau reminded him that they had a lot of priorities that they got elected on that they were delivering on after ten years of underinvestment by the previous government. Rayes then wondered why the government wouldn’t split out the Infrastructure Bank out of the budget bill, and Trudeau insisted that it was a centrepiece of the campaign and that there was a need for the Bank and its investments in infrastructure. Rayes tried again, got much the same answer, and then Candice Bergen tried again in English, calling it a slush fund. Trudeau repeated his same points about the need for investment in English, and when Bergen demanded a date for a balanced budget, Trudeau listed the ways in which voters repudiated them in the last election. Ruth Ellen Brosseau led off for the NDP, railing about NAFTA negotiations — including Supply Management, because it wouldn’t be a question from her without Supply Management — and Trudeau insisted that they were looking forward to sitting down with the Americans once negotiations start, but they would defend Canadian interests. After Brosseau asked the same in English and got the same answer, Matthew Dubé demanded that the Infrastructure Bank provisions be split out of the budget bill, and Trudeau noted that it was still a budgetary measure so it wasn’t an abuse of omnibus legislation and that he expected the Senate to pass budget bills passed by the Commons. Dubé switched to French to concern troll about how the Bank affects Quebec, and Trudeau responded that at some point, they needed to deliver on promises, and that was what the Bank was doing for Quebec and Canada.

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