Tag Archives: Corrections

Roundup: Flirting with unconstitutional legislation

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The bill to mandate sexual assault training for judges was a bad idea from the start, when Rona Ambrose first tabled it years ago, and the current iteration that this government is putting forward is little better, especially now that MPs have decided they need to start amending it to add other things. While Ambrose’s initial bill was blatantly unconstitutional (that the Commons passed on a whim because of the political syllogism: Something needs to be done, this is something, therefore we must do this), and needed to be gutted in the Senate to make it acceptable, the current version was more or less acceptable (barring one or two possible issues), but it seems that MPs want to make it blatantly unconstitutional again.

Former Supreme Court of Canada executive legal officer Gib van Ert warned back in February that this bill would be an invitation to demand that judges take training in other areas than just sexual assault, and lo and behold, we are there, with demands for the “social context of systemic racism.”

https://twitter.com/btaplatt/status/1321246603781570560

van Ert makes the point that if judges need to be seen as independent, then bills like this, where politicians appear to be giving them marching orders, is a bad look and will undermine the justice system. But since when to populist impulses consider the consequences of their actions? They don’t.

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Roundup: Exit one arm of WE

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The big news yesterday was that WE Charity is folding their Canadian operations – and putting a hefty share of the blame on the political situation around the whole WE Imbroglio. Never mind their pre-existing problems, convoluted structure, reported financial problems with some of their properties, problems with their board of directors and the resignations therein, and the fact that their whole modus operandi of voluntourism and White Saviour complexes turned into an existential problem for the organization – no, it’s so much easier to blame the slow-motion scandal around them that laid bare many of those pre-existing problems. (For a history of the organization, Maclean’s has a great longread here).

In response, the NDP are crowing that this means that the pre-existing problems that WE faced, exacerbated by the pandemic and the Imbroglio, just proves that the Liberals were trying to help them out all along – erm, which is a bit of a leap. The Conservatives, meanwhile, have demanded that WE still turn over all of the documents that the committee has requested (which WE’s lawyers laughed at given that the committee does not currently exist). And Liberal partisans all over social media are wailing and gnashing their teeth that this organization that did so much good was being killed by the petty partisan games of the opposition. (And, erm, they didn’t actually do that much good, and they are still carrying on their US and UK operations, as well as their for-profit arm – only the Canadian charity arm is being folded).

Meanwhile, Matt Gurney makes the very salient point that this whole situation happened because the Liberals were inept enough not to ensure that Justin Trudeau and Bill Morneau do the simplest of steps and recuse themselves from any decisions involving WE because of their personal investment in the organization and its causes. It’s possible Morneau would still have his job as he wouldn’t have made his continuation in the role untenable (thought I have previously contended that even before this all blew up, he was probably overdue to be shuffled because he wasn’t terribly suited for it), and Trudeau wouldn’t be in as precarious a situation as he is (though the cultural problem of not caring about the rules and letting the ends justify the means because they mean well would still be there) if they had simply been a little more aware of what they were doing. Alas, they weren’t, and here we are.

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Roundup: Trudeau backs Payette

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While making his media rounds, mostly on Vancouver stations yesterday, prime minister Justin Trudeau was asked about the situation in Rideau Hall, and whether there would be any chance he’ll replace Her Excellency Julie Payette anytime soon, especially given that there is currently a workplace investigation after more than twenty current and former employees have come forward with claims of bullying and harassment, not to mention the revelations about how her habits – especially her attempts to evade her own police protection – have cost additional millions of dollars unnecessarily. Trudeau responded that we currently have an “excellent” Governor General, and that the country is currently dealing with a health crisis and didn’t need a constitutional crisis to go with it.

It was a bit of a slow boil, but rest assured, dear reader, my head did explode.

Payette has not been an “excellent” GG. Far from it. She is a brilliant and accomplished woman, but is wholly unsuited for the role that is largely ceremonial, and where the exercise of her powers is 99.95% automatic. A big part of her job is to act as patron to a number of Canadian organizations – something she balked at (and for which I have argued we should start getting actual members of the royal family involved instead), in some cases causing problems for those organizations. She has tried to take an active hand in things like Order of Canada nominations, where she is supposed to act, again, in a ceremonial capacity. Her insertion of her own talk about the “space-time continuum” in the last Speech from the Throne was a problem. And this is on top of the problems having the dubious honour of overseeing the most toxic workplace in official Ottawa.

The notion that there would be a “constitutional crisis” is also completely insane. It is literally a matter of advising the Queen to name a new GG to replace Payette – that’s it. Trudeau is not in the midst of a confidence crisis in his government. There is no question as to the legitimacy of his advice to the Queen for such a replacement. There would be no crisis. Trying to pretend otherwise is disingenuous, plain and simple.

But Trudeau can’t acknowledge any of this, because that would mean owning the fact that he once again screwed up in not doing the actual work of due diligence required with the appointment – having disbanded the vice-regal appointments committee – and that it was a bad appointment. Beyond that, there is some speculation in certain circles here that Trudeau is not put out by the fact that Payette won’t do her job, because it allows him to step in and do more of the ceremonial stuff, which he’s not supposed to do as head of government, but something he has nevertheless tried to do more of. That’s a problem, and one that I suspect we can’t solve so long as Trudeau remains in office. (Chrystia Freeland, on the other hand, seems far less taken with Payette, and has moved to distance herself, so there’s that).

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Roundup: Trading in NWO conspiracies

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On Saturday, Conservative MP and former minister Kerry-Lynne Findlay retweeted a shitpost put up by a QAnon follower that contained a video of a pre-politics Chrystia Freeland interviewing George Soros, and worried that Soros was trying to get China on board with the New World Order – a particularly pervasive conspiracy theory which goes back to the anti-Semitic tropes of the “Protocols of the Elders of Zion.” Findlay’s quote-tweet – since deleted – had her proclaiming that Freeland was “listening carefully to him like a student to teacher. The closeness of these two should alarm every Canadian.” When called out, Findlay insisted that it was “about economics,” before she finally deleted her tweet, apparently after Liberal MP Anthony Housefather (who is Jewish) reached out to her to explain why the Soros/NWO conspiracy theories are inherently anti-Semitic. Findlay then made a qualified apology, claiming she “thoughtlessly shared content” and that she doesn’t endorse hateful rhetoric, but didn’t explain her won statement about why Freeland interviewing Soros should be “alarming.”

Why does this matter? Because other Conservatives including Pierre Poilievre were retweeting Findlay uncritically, which means that this kind of conspiracy theorism and anti-Semitism is getting more normalized. And then there’s the fact that Andrew Scheer spent his farewell speech promoting sites like True North and The Post Millennial which also trade in these kinds of narratives, and was touting them as credible and “objective,” when they are not. What this is saying about where the Conservative party is at in terms of what kind of narratives they trade in should be alarming, especially when you think of the fact that fourteen percent of the party voted for Derek Sloan’s outright parroting of Trump talking points, which includes the racism, misogyny and homophobia.

Over the rest of the weekend, Erin O’Toole was silent on the tweet, as were the other Conservatives who retweeted Findlay. That should also be concerning, especially because it means they are either ignorant of the anti-Semitic tropes they were trading in, or they were complicit in them. That’s not a direction that we want Canadian politics to be heading down, and Findlay owed an explanation of why it was “alarming” that Freeland interviewed Soros as a journalist, and O’Toole owes an explanation for his silence in not shutting this down when it happened.

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Roundup: The inertia around solitary

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The story of what happened with the panel the government assembled to oversee its supposed elimination of solitary confinement in federal penitentiaries has been a slow-burning story this week, but indicative of some of the incomprehensible ways in which this government operates. The practice of solitary confinement has been declared inhumane and contrary to the Charter by courts across the country, and the government promised to reform it with these “structured intervention units,” but that was already dubious, and unlikely to satisfy the courts – and they knew that, but went ahead with it anyway. A year later, the panel that was supposed to oversee it quit in frustration because they couldn’t get any information they needed to do their work (and the Correctional Investigator gave Correctional Services a pass on this because apparently, they’ve been implementing new software and this has been a problem). But it was only when this story leaked thanks to Senator Kim Pate that Bill Blair sprang into action, promising to reappoint the panel and implement a “work plan” to get them the information.

Well, turns out members of that panel aren’t exactly keen to be reappointed because they’ve been jerked around for a year, and were doing this on a volunteer basis, which cost them a lot of time and money for nothing but headaches. But this all feels like another case of this government meaning well, and talking a good game without doing the actual work involved and then hoping that everything will be forgiven because they have good intentions. That’s not good enough, and yet they keep behaving like that’s all well and good. It’s not.

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Roundup: Alberta’s big budget hole

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Alberta released a fiscal update yesterday, and it was pretty abysmal, projecting a record-breaking $24.2 billion deficit. The problem? Was that the province’s finance minister spent much of it lying to the legislature and Albertans about the state of their books going into the pandemic, not to mention not having a real plan for the recovery. But it to put some of the staggering numbers in context, the province is taking in more revenue from gambling, alcohol and cannabis than they are from oil revenues – you know, what they have based their economy on. Meanwhile, their non-existent recovery plan is bro-heavy, and they still insist that they have a spending problem on services rather than a revenue problem from having the lowest tax rate in the country and no sales tax – and you know that’s going to mean the province is looking to slash and burn services, and they’ve already started by picking fights with doctors in the middle of a global pandemic, and those doctors are already shutting down their clinics and moving away. So yeah, Alberta’s got problems.

Economists Andrew Leach and Lindsay Tedds have more, starting with this preview thread by Leach that set the stage for the speech of lies that was to come.

https://twitter.com/LindsayTedds/status/1299171987655327744

https://twitter.com/LindsayTedds/status/1299173816577347584

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Roundup: $2 billion unbidden

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There was a lot of reaction to the announcement that prime minister Justin Trudeau was giving an additional $2 billion to the provinces to help schools restart safely – unbidden – and those reactions were interesting. Trudeau himself made a point of saying that this was as a result of listening to his backbench Liberal MPs and parents who continued to express concerns, and that it wasn’t requested by premiers, so that’s a political marker right there. It’s also a transfer that is largely without strings – it comes in two tranches, one now, one at the end of the year, and all the provinces need to do between them is to tell Ottawa how they spent the money, so again, it’s a bit of a political test for those premiers – and it’s also giving rise to speculation that this is a sign that Trudeau is in election mode.

Reaction was mixed. Doug Ford expressed gratitude (but also falsely claimed that Ontario’s restart plans were the safest in the country, which is patently absurd), but his education minister – and his opposition critic in the NDP – derided the funds as “late to the game.” Manitoba premier Brian Pallister, for example, was somewhat non-committal, and said he’d take the money, but praised his own government’s efforts. And, hilariously, Jagmeet Singh took credit for it, saying that he had called a press conference to “make an announcement” (read: demand) about more money for schools and lo and behold, the prime minister delivered before that press conference happened. Yeah, okay then.

The complicating factor in all of this is that this is an area of sole provincial jurisdiction and there should be zero expectation for federal dollars, which is why I find myself mystified by all of the people on Twitter (and the Ontario NDP education critic) bemoaning that these funds didn’t flow in June. But if you recall, in June, Trudeau and Chrystia Freeland were negotiating with the provinces for their “Safe Restart Plan,” with $14 billion on the table which included money for schools, so it’s not like it wasn’t being discussed – the provinces were recalcitrant because they didn’t want the strings attached that come with billions of dollars. Eventually, they came to an agreement and it turned into $19 billion, and this $2 billion is on top of that, so it’s not like the federal government has been completely silent. I would also suspect that there is a bit of an implicit rebuke in this new envelope of money because provinces have been dithering on their restart plans, giving confusing options to parents with no time to evaluate them, and more critically, have been unwilling to do the important work of reducing class sizes. One could easily interpret this money as Ottawa telling them – not in so many words – to get their acts together, and they’ll look fairly magnanimous while they’re at it.

https://twitter.com/StandingHannah/status/1298685195579723776

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Roundup: Feigned confusion and a filibuster

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As anticipated, the government unveiled their reforms to the wage subsidy programme yesterday, which included more of a sliding scale for revenue drops and how much support businesses could get before the subsidy phases out, which helps ensure that businesses don’t reach a “cliff” in terms of restart growth only to have that support ripped away at an arbitrary level. This has the business community both applauding the government for responding to concerns, while also moaning that it’s so complicated now, which has some economists rolling their eyes. It also looks like the government that insisted they don’t like abusive omnibus bills is rolling the legislation for these changes in with the new-and-improved disability payments, as well as the justice timelines legislation, so that’s something to look forward to when the House comes back next week for a single day.

Meanwhile, the Ethics committee met yesterday to start their own look into the WE Imbroglio (conveniently with many of the same faces who subbed in at the Finance Committee during its hearing), to which the Liberals on the committee, knowing that they don’t have sufficient votes, decided instead to filibuster things, which is not a good look. Their arguments that this undermines the work of the Ethics Commissioner ignores that his role is supposed to support them, not the other way around; the fact that they were blocking a motion to demand the receipts from Margaret and Alexandre Trudeau’s public speaking events from their Speaker’s Bureau going back to 2008 is a little more suspect, and I haven’t heard a reasonable rationale for it or how it relates to the proposed study on how well the conflict-of-interest regime is working. Suffice to say, this isn’t a good look for the Liberals, and there are better ways of beating the Conservatives at their own game than playing into their hands. It’s too bad that they can’t seem to grasp that.

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Roundup: Questions on a dubious nomination

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For the second time in what could very well be the start of a series of media events that look suspiciously like campaign stops, prime minister Justin Trudeau was at a café and bistro in Chelsea, Quebec, near Ottawa, to tout the wage subsidy – a programme whose uptake has been hampered by the poor timing of its rollout by the government. He made a minor announcement about $15.8 million for youth green jobs in the natural resources sector, recounted his call with the premiers the night before during which his offer of $14 billion remained on the table for their safe reopening plans, and then capped it off with a plea for people to follow public health guidelines for Father’s Day.

It was during the Q&A that he expressed his “disappointment” with China over the decision to lay espionage charges against the Two Michaels being held as virtual hostages in retaliation for the arrest of Meng Wanzhou on an extradition warrant. Trudeau insisted that he continued to advocate for their release and that stuff was happening behind the scenes, but he didn’t elaborate further. He also was badgered repeatedly about the revelation that his former MP, Marwan Tabbara, was the subject of at least one sexual harassment investigation where claims were substantiated. Trudeau would only say that he was aware of the investigations and that they have a rigorous process in place where outside professionals are brought in to deal with situations when they arise, but that he couldn’t say anything more because said process was also deeply confidential by nature.

While everyone one social media spent the whole day going “I guess zero tolerance doesn’t mean zero tolerance,” ignoring the fact that it’s actually a poor idea to turf everyone at the first sign of trouble (seriously – this recent practice of kicking people out of caucus is inherently destructive and also prevents future use of social controls to keep these MPs and senators in line). I suspect that Trudeau realized that a performative “zero tolerance” policy was more trouble than it was worth and he ensured there was some nuance in how the policy was applied, and this was a case thereof, but now he also has to endure the taunts of “hypocrite!” as his explanations for the apparent change of position remain non-existent in the face of repeated questions. That said, the fact that it appears that Tabbara’s nomination took some six months to be decided upon by the green-light committee is pretty suspicious, and I would suspect they were weighing considerations, such as how much of a fundraiser he is for the party in addition to his being an incumbent. (Remember that protected nominations are antithetical to how our system is supposed to work, and that it’s proven that parties have been manipulating their nomination processes to the detriment of democracy). It would be great if Trudeau could be more frank or candid about things like Tabbara’s nomination and why he was green-lit again when the party clearly had no problem ousting other sitting MPs with little explanation (though in the case of Eva Nassif, it sounds like she was trying to meddle in other nominations for her own ends, if The Hill Times’ sources were to be believed). Then again, the party also somehow managed to be behind on getting all of their nominations in place in advance of the election when they had four gods damned years to do so, so I’m not sure what to suggest other than perhaps Trudeau’s decision to centralize yet more of his party’s power in his office as leader is going to come around bite him in the ass.

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Roundup: Bullying through a motion on a false promise

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Prime minister Justin Trudeau once again began his daily presser talking about the tragedy in Nova Scotia, and recounted some of his conversations with RCMP members and Senator Stan Kutcher (who not only represents the province but has a background in mental health). He then turned back to the global pandemic, noting that it has made inequalities more pronounced, and with charities spread thin trying to provide support, he announced that $350 million was being set aside as part of an emergency community support fund. He then announced that the Canada Emergency Wage Subsidy would be available as of Monday, and starting today, a calculator would be available on the CRA website for employers to calculate what they would be able to apply for. He also talked about the kinds of contributions that the innovation superclusters have been making to the current situation, for a bit of good news. During the Q&A, Trudeau had more information about the reports of the two planes that returned from China empty that he wasn’t able to answer during QP on Monday, this time noting that because of the severe restrictions in China as for how long they were able to remain on the ground, while supply lines to the airports have been frustrated with checkpoints and delays, it forced them to take off empty for the time being. Trudeau also said that the promised gun control bill was nearly ready to be tabled before Parliament was suspended for the pandemic, but wouldn’t promise that it would be tabled before regular sittings resumed. As well, regarding that meat plant shut down because of an outbreak, Trudeau said they were trying to ensure domestic supply though it could affect prices.

Meanwhile, the Procedure and House Affairs committee was meeting (remotely), and we found out that the Clerk of the House of Commons says that there’s no way they’ll be able to facilitate any kind of “remote” sittings until mid-May at the earliest, and that he told the Government House Leader this before the government bullied through their motion on Monday about one in-person sitting a week and two-virtual ones. In other words, they knew that the virtual ones couldn’t happen, but they acted as though they were, so they can say “Oh dear, looks like we can’t hold those sessions,” and stick to the one in-person sitting per week at a giant waste of resources to keep flying MPs in and out for a single day, rather than at least having the three in-person sittings per week which was perfectly reasonable. And no, this isn’t saving any of the staff exposure, because they would need to be in the West Block whether the MPs were there in person or “virtually” (which will include some MPs in the Chamber). Add to that, they only have the capacity to run at maximum ten “virtual” committee meetings between the Commons and Senate in a week, as the government also likes to pretend that they’ve been trying to ensure that as much of Parliament is functional under the circumstances. That’s not true, and even their planned “accountability sessions” for the next month are not actual sittings, but “special committee” sessions, even though some MPs have tried to paint them otherwise. It’s been one big exercise in preening that only makes the Conservatives look like they were right.

The Queen

Just a quick note to add that yesterday was the Queen’s birthday in her natural capacity. The Queen of Canada’s official birthday isn’t until Victoria Day, for the record. But the Queen and Prince Charles did send condolences to Canada for the tragic deaths in Nova Scotia.

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