Tag Archives: CSE

Roundup: On Scheer’s silence over Sloan

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For his daily presser, prime minister Justin Trudeau was all about science – specifically, a $1.1 billion package for research on vaccines and clinical trials, plus the launch of an immunity task force that will help to determine the spread of the virus within the population (as many may have been exposed and only ever experienced mild symptoms or had none at all), which will be necessary as we talk about re-opening the economy and how that will proceed. Trudeau also reiterated that the situation with long-term care facilities is untenable, that using soldiers to help the residents of those homes is merely a short-term solution that demands a long-term re-think. During the Q&A, Trudeau was not promising the billions of dollars that municipalities were demanding, but made some fairly vague commitments about working with provinces, given that cities are creatures of provincial legislation. He also said that provinces were going to take their own leads on re-opening their economies given that there are different epidemics playing out across the country and not just one nationally, though there is talk of federal guidelines.

The thing that had everyone talking throughout the day, however, was Conservative leadership candidate Derek Sloan making a fairly blatantly racist call for Dr. Theresa Tam to be fired while questioning her loyalty to Canada as he accuses her of following Chinese propaganda. And more to the point, that Andrew Scheer refuses to comment on what Sloan says insofar as the racism – he did say that as the opposition, they should be criticizing ministers who make decisions and not officials who give advice. Of course, this shouldn’t be too surprising as the party has already been pursuing this notion of vilifying the WHO because they were too credulous about the information coming out of China and Canada followed WHO advice, and Sloan simply took it one step further. And more to the point, under Scheer, the party has offered succour to racists on more than one occasion (most notably after the incident when Trudeau called out the racist statements of an avowedly racist woman in Quebec at an event, after which the Conservatives insisted that she was merely concerned about the economic impact of “illegal” asylum seekers and that anyone who questioned the government would be called a racist – because being labelled a racist is apparently a worse crime than actual racism). A few other Conservative MPs did denounce Sloan’s comments, and local officials within Sloan’s riding called on him to be denounced by Scheer and expelled from the party.

Ah, but that’s part of the issue. The Conservatives, if you recall, voted to adopt certain provisions of Michael Chong’s (garbage) Reform Act which ensures that the full caucus must vote to expel a member, that the leader alone can’t do it. It would be mighty awkward for Scheer to pull that trigger regardless, considering that he’s in an interim, outgoing position and not really the leader any longer, and that Sloan is vying to replace him (and it will be a doomed effort), but I will say that regardless of the circumstances, I have long been uncomfortable with both leaders expelling members, and with the more recent notion that MPs (and senators, where applicable) should be expelled at the first sign of trouble, rather than managing them better from within the fold, or leaving it up to their riding association to decide whether or not to keep them in the party, being as they are really the ones who should be deciding.

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Roundup: Civil liberties or delegated taxation authority

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Prime minister Justin Trudeau was in Prime Minister Dad mode during yesterday’s presser, telling people to stay home and that “enough is enough,” you’re not invincible, and you’re only putting others’ lives at risk. In terms of announcements, he talked about Parliament passing the emergency fiscal measures, that Farm Credit Canada was opening up funds, that flights were secured for a few countries that have secured their airspace, and that more funds were made available for vaccine and drug testing for COVID-19. He also spoke about his planned call with premiers to better coordinate emergency powers, and clarified that the Emergencies Act was largely about the federal government assuming the powers that provinces or municipalities haven’t enacted – in other words, it’s those levels of government that can suspend civil liberties in this time, and he’s trying to get premiers on the same page.

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For the bulk of the day, all anyone could talk about however was the Emergencies Act, and every journalist in town wanted to know why it hadn’t been invoked yet, and when they would do so. Trudeau, and later Freeland, kept making the point that it was a tool of last resort that would only be used when all other tools have been exhausted, but that doesn’t seem to have deterred anyone – lest of all New Brunswick premier Blaine Higgs, who said that he wanted the federal government to invoke it, either because he’s too reluctant to use the significant powers he has at his disposal provincially and would rather Ottawa do it for him, or because he can’t seem to deal with his fellow premiers to coordinate anything. And while everyone was practically begging the government to start taking away civil liberties, they also lost their minds when it was leaked that the government planned a significant overreach in their fiscal aid legislation that would have essentially given them delegated authority over taxation for up to December 2021 – which is clearly unconstitutional, but hey, they mean well, right? They backed down, but cripes the lack of competence in this government sometimes… (Look for more on this in my column, later today).

Meanwhile, here’s John Michael McGrath explaining why the federal government doesn’t need to invoke the Act, while Justin Ling notes that measures that trample civil liberties generally make problems worse instead of better. Adnan Khan ponders individual liberties versus authoritarianism in a time of crisis. In this thread, Philippe Lagassé explains more about the Act.

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Roundup: Reassurances and critiques

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It was a much calmer day yesterday with little in the way of new announcements – the most noteworthy part of Justin Trudeau’s daily presser was that he was actually on time for possibly the first time ever! Oh, and the border restrictions for non-essential travel will probably only kick in sometime on Friday night, but details were still being worked out. As well, there is still no contemplation of use of the Emergencies Act, but it remains a tool in the box if need be.

With the slower news day in mind, here is economist Kevin Milligan who goes through the criticisms of the government’s massive aid package, and addresses which are fair and which ones may not have all of the considerations therein.

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Roundup: A sledgehammer solution

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Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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Roundup: Performative fiscal demands

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In spite of the fact that Bill Morneau strongly hinted on Thursday that there would be a “fall” fiscal update this week (and technically it is still autumn for another couple of weeks), the Conservatives dispatched Pierre Poilievre yesterday to performatively demand one – along with a bunch of the usual demands for tax cuts and “cutting red tape” (as though governments haven’t been trying to do just that for years). The tax cuts are coming – at least, the planned increase to the basic income exemption, targeted at lower-income brackets – which the government has stated repeatedly will be their first order of business, thought the Conservatives demand more tax breaks for “entrepreneurs,” while the NDP want that income exemption to phase out earlier so as to pay for dental care – ignoring, or course, that such a programme would rely on negotiations with the provinces, just like pharmacare. But hey, once you’re on a talking point, best to stick with it, right?

Meanwhile, the first confidence vote of the new Parliament will likely be tomorrow, as it’s the final Supply Day of the year, and when the Supplementary Estimates need to be passed, and we can imagine that it’ll be a long day of votes and Committee of the Whole to deal with them, before they head off to the Senate, where they might – might – get a bit more scrutiny than they’ll get in the Commons. But a vote on the Speech From the Throne is unlikely to take place until after the Commons comes back from their break in January, just looking at the math on the calendar.

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Roundup: The inevitable committee bat-signal

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And now, the hangover from Wednesday’s Ethics Commissioner’s report, starting with the inevitable demand from the opposition parties that the Commons Ethics Committee reconvene for an emergency meeting to hear from the Commissioner, plus a list of witnesses, to fully explore the whole thing in front of the cameras yet again. And while a meeting has been called for next Wednesday, it will inevitably be that the Liberals on the committee (or rather, those from nearby ridings who have come to the meeting to fill the seats) will say that with the report, we’ve heard everything we need to and Canadians can make a decision in October, and deny permission for the meeting, which will then be followed by the other parties bemoaning the cover-up and secrecy, and then we’ll move onto campaigning. As you do.

Elsewhere, we heard from Jody Wilson-Raybould who said that the revelations about how deeply SNC-Lavalin was working with the department of finance was a surprise to her. Jane Philpott said she felt sad by the whole affair, and troubled by the attempts to discredit Wilson-Raybould in the prime minister’s submissions to the Commissioner, and she thinks an apology is warranted. Trudeau, however, is steadfastly not doing so. Mario Dion thinks that his office needs the power to levy sanctions for breaches like this one, as there currently aren’t any. SNC-Lavalin will be carrying on with their Federal Court of Appeal bid to get judicial review for the Director of Public Prosecution’s decision not go discuss a DPA with them.

Another emerging theme from this whole sordid affair is the issue of the post-retirement careers of Supreme Court of Canada justices, several of whom became embroiled in the affair. Amid calls for new rules around what constitutes proper activities for these retired justices, there does seem to be a recognition by the current Chief Justice and the Canadian Judicial Council that there may be an issue, and they are having these discussions.

Meanwhile, Chris Selley notes that the Commissioner’s report seems to impugn the way that governments do business, especially when they make a big deal about investing in a company and showing up with a giant novelty cheque (though we’ve seen a lot fewer of those under this government than the previous one) – and he thinks it’s about time. Law professor Errol Mendes details how Dion has made a serious misinterpretation of his enabling legislation and jurisdiction in the creation of this report, which should be concerning (and We The Media need to be far less deferential to Officers of Parliament because they are not always right).

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Roundup: A carbon reality check

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A couple of weeks ago, Paul Wells did one of his CPAC interviews with Elizabeth May, the transcript of which is now available, and she talked a lot about how she thinks Canada can transition to a cleaner economy, and said a bunch of things about the oil and gas industry as part of that. The problem, of course, was that she was wrong about pretty much all of it, as energy economist Andrew Leach demonstrates.

Leach, meanwhile, also takes Jason Kenney’s rhetoric about carbon pricing to task in this Policy Options piece, and lays out the danger of that rhetoric, which has a high probability of blowing up in Kenney’s face. And as a bonus, he proposed a tool for conservatives to check their policy instincts against.

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Roundup: Sensation over nuance

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The big headline over CBC yesterday was that five of the six most recent federal judicial appointments in the province of New Brunswick all had some kind of ties to Dominic LeBlanc – never mind how tenuous those ties were. This of course led a bunch of Conservative apologists to compare this with the Dean French/Doug Ford situation in Ontario, which is absurd given that judicial appointments have a more rigorous merit-based system around them (more rigorous than it was under the Conservative era), and many of the French/Ford appointments had to do with whether someone was connected to French by family or lacrosse, many with no obvious competences in the roles they were appointed to. The Conservatives also declared that this was somehow related to both Loblaws winning a competition around fridge refits (no, seriously), and that this was reminiscent of the Arctic surf clam contract that LeBlanc was involved in wherein the definition of “family” used by the Ethics Commissioner differed from that in other statutes. (Not mentioned was the time when the Conservatives appointed most of Peter MacKay’s wedding party to the bench in Nova Scotia).

Reading deeper into this story, I found that some of the connections that were being highlighted were a bit dubious. The most dubious was the fact that one of the judges named was not actually someone that was recently named, but rather promoted to the Chief Justice of province’s Court of Appeal by Trudeau, though she was originally a Conservative donor and had been first named to the Bench by Harper. The fact that she bought a property from LeBlanc next to his summer cottage was deemed to be curious in this. Likewise the fact that two of them were part of a group that paid off LeBlanc’s leadership campaign debts a decade ago (each would have donated a few hundred dollars) is a pretty dubious link between them. The only one that might raise eyebrows is the fact that one of the five is married to LeBlanc’s brother-in-law…but even then, at what point do we start disqualifying someone whose relation is by marriage twice-removed?

The other bit of nuance that we can’t forget here is that New Brunswick is a very small province with a very small population, and legal circles in a province like that would be very tight – especially when you consider that the provincial political culture is far more nepotistic than the federal culture is. While the CBC piece cites a paper that says that people with political connections get judicial appointments at a rate double that in other parts of the country, but one has to remember that it can be harder to avoid, which is why fighting nepotism in those places can be much harder. And this is the point where people will bring up the fact that Jody Wilson-Raybould objected to the fact that names that were short-listed needed to be sent to PMO for vetting by the Liberals’ database, but again, it needs to be stressed that they need to go through all sources to check for red flags because the prime minister is politically accountable for those appointments. It’s called Responsible Government. Does that mean that these five appointments didn’t have some influence from LeBlanc tapping the justice minister and saying he wanted them appointed? Anything is possible, but it’s unlikely given the vetting process and the fact that most of these connections are tenuous at best. But it’s also regrettable that this kind of journalism strives for sensationalism and an attempt at being gotcha than it is with nuance.

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Roundup: Trying to make a garbage bill relevant

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Over the past couple of weeks, Conservative MP Michael Chong has been trying to make “Fetch” happen – or rather, trying to make his Reform Act relevant again, first by taking to the Twitter Machine to outline the process outlined in the Act for ousting a party leader (as though the Liberals were seriously considering dumping Justin Trudeau), and later to insist that it laid out a process for expelling MPs from caucus. The problem? Well, there are several, but the most immediate one is that the Act requires each party to vote at the beginning of each parliament whether they will adhere to the provisions or not – and lo, none of the parties voted to. Not even Chong’s. It was always a garbage bill – I wrote a stack of columns on that very point at the time it was being debated – and it made things worse for parties, not better, and ironically would have made it even harder to remove a party leader by setting a public high bar that the pressure created by a handful of vocal dissidents or resignations would have done on its own. It also has no enforcement mechanisms, which the Speaker confirmed when Erin Weir tried to complain that it wasn’t being adhered to. But why did this garbage bill pass? Because it gave MPs a warm feeling that they were doing something to “fix” Parliament (and in the context of doing something about the “dictatorial” style of Stephen Harper under the mistaken belief that his caucus was searching for some way to get rid of him, which was never the case).  It had so neutered it in order to be palatable enough to vote on that it was a sham bill at best, but really it did actual harm to the system, but Chong was stubborn in determining that it should pass in its bastardized form rather than abandoning it for the steaming hot garbage bill that it was.

And now, with Jody Wilson-Raybould and Jane Philpott’s ouster from caucus, Chong has been trying to make the rounds to claim that the move was illegal without a vote – err, except no party voted to adopt the provisions, which is pretty embarrassing. And yet he keeps trying to sell it to the public as though this were a done deal.

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Roundup: Wilson-Raybould emerges, is “proud”

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While there were no actual bombshells in the ongoing SNC-Lavalin/Wilson-Raybould Affair, there were an ongoing series of curiosities yesterday, starting with that Cabinet meeting that ran way, way overtime, and which Wilson-Raybould apparently requested to attend and said request was granted. And when she did speak to the press, she said that she was still working out with her lawyer about what she could say, and that she was still a Liberal MP – oh, and she was “proud.” Because that’s how she answers every question ever. The Justice committee also agreed to hear from her and a number of other witnesses to get a better grasp of the Shawcross Doctrine, but there was a lot of grumbling about the fact that they didn’t agree to hear from Gerald Butts or any other PMO staff (which we should recall is in large part because of how our parliamentary system works, and the issue of ministerial responsibility – we don’t haul staffers before committees because their minister is responsible for their conduct, as inconvenient as that may be sometimes).

For context, here’s a look at the very curiously similar language used by SNC-Lavalin in their in their representations to support the deferred prosecution agreement legislation, and that of other intervenors. Here’s a legal discussion about what constitutes solicitor-client privilege when you’re the Attorney General, while former litigator Andrew Roman goes through what could be constituted solicitor-client privilege and cabinet confidence in this situation, and doesn’t believe that either applies. Oh, and another SNC-Lavalin executive had fraud and bribery charges thrown out of court because they took too long to get to trial, with the judge admonishing the “culture of complacency” in the Crown’s office.

In pundit reaction, Susan Delacourt looks at Butts’ exit as an object lesson against concentrating too much power in the PMO – something Trudeau swore he wouldn’t do, and yet ended up doing anyway. Chris Selley looks at Butts’ departure as an opportunity for the PM to get some new advisors who are based in this reality. Andrew Coyne has questions about Butts’ resignation, and points to some key lines in his resignation letter that may provide clues as to what’s to come. My column wonders if Wilson-Raybould is playing us by keeping voluntarily silent and letting everyone else fill in the blanks.

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