Tag Archives: Elections Canada

Roundup: Incoming procedural shenanigans

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Hang onto your hats, dear readers, because it looks like we’re up for another week of procedural gamesmanship as the Conservatives continue to try to make the Atwal Affair happen. Our hint is that the Conservative whip, Mark Strahl, has taken the unusual action of cancelling all MP travel, and wants to ensure that it’s all hands on deck for this short week (but one wonders if that includes Andrew Scheer, who has been barely in Ottawa lately, including on sitting weeks, as he continues his various tours across the country). That, and the fact that it seems that this is the time of year that there is some kind of procedural showdown, judging from the past couple of years. (Recall that around this time last year, the Commons ground to a halt over Bardish Chagger’s proposals for reforming the Standing Orders).

So what can we expect? No idea yet, but one imagines that the stops will be pulled out, whether it’s interminable points of privilege, filibusters at committees, or attempts to force concurrence motions on committee reports. Whatever it is, we’ll see how long they either have the stamina for it (unlike last week’s vote-a-thon tantrum), given the upcoming long weekend/two-week constituency break, or whether the government will back down (as they have tended to in the face of such obstruction techniques). Maybe the government will be able to issues manage/communicate their way out of a wet paper bag this time and effectively say that the opposition is wasting time that could be better spent debating gun control/the budget implementation bill/etc, etc. Or maybe the Conservatives will have better traction with their disingenuous narratives about the Atwal Affair and the absurd notion that the government is “muzzling” the National Security Advisor from appearing at committee (never mind that he shouldn’t appear based on Westminster norms, and that the government has pointed to the National Security and Intelligence Committee of Parliamentarians to investigate the issue if the Conservatives are so motivated, if they actually cared about accountability and were not simply looking to public humiliate a senior public servant and the government). Suffice to say, nobody is going to cover themselves in glory over this, everyone’s patience will be tested, and nothing will be accomplished in the long run. But what else is new?

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Roundup: Threatening marathon votes

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Because apparently this Jaspal Atwal issue refuses to die, the Conservatives have decided to spend today’s Supply Day motion demanding that the Prime Minister instruct the National Security and Intelligence Advisory to attend the public safety committee and give the MPs there the same briefing he allegedly gave journalists (on background). Or else.

That’s right – in order to overplay their hands, they’re openly threatening to force some forty hours’ worth of votes on the Estimates as consequence for defeating this motion – because that doesn’t come across as petulant or childish. And while they couch it in the fact that they have a responsibility to hold the government to account – which they do – they’ve also been demonstrably obtuse about this whole affair. The different versions of what happen are not impossible to reconcile – they are, in fact, eminently reconcilable. The PM has defended the facts put forward by the senior officials, and have stated that they did not put him up to it. Media outlets have since dribbled out versions of “reviewing my notes” and toning down some of  their reporting of what was actually said to show that it wasn’t actually as inflammatory as initially reported as (because by the point at which it initially happened, they were focused more on wedging it into the narrative they had all decided on rather than acknowledging what was happening on the ground if it didn’t fit that frame). Nobody has acted responsibly in this – the government, the opposition, or the media. And digging in to entrench the narrative that somehow we have damaged relations with India (not true, unless you’ve conveniently forgotten the fiction about how it led to new tariffs) and that the trip was some giant disaster (forget the investments or the constructive conversations with Indian officials) is just making it all worse for everyone.

The bigger issue, however, is the fact that this committee is not the venue for this conversation to happen, and MPs are kidding themselves if they think it is. We have the National Security Intelligence Committee of Parliamentarians to review this kind of intelligence data in confidence, and then issuing a report on what was said. Commons committees have been down this road before, and have actively damaged our national security and intelligence agencies because they can’t help themselves, and now they’re demanding the chance to do it yet again. There are proper ways to hold the government to account. This planned stunt and threat is not it.

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Roundup: What vice-regal appointment process?

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Prime minister Justin Trudeau made two notable vice-regal appointments yesterday – new lieutenant governors for both Newfoundland and Labrador and British Columbia, both women (the first for Newfoundland and Labrador). While the new BC LG is the chair of Vancouver’s YWCA, the new Newfoundland  and Labrador LG is former cabinet minister Judy Foote, which seems like a curiously partisan appointment for a position such as this – especially when Trudeau keeps going out of his way to ensure that there are “independent, non-partisan” appointment processes to other key positions, most especially senators.

The point that none of the stories on these appointments made yesterday was that since Trudeau came to power, he dismantled the process that Stephen Harper put into place to find new vice-regal appointments in a depoliticized fashion. The Harper-era Vice Regal Appointments Committee was headed by the Canadian Secretary to the Queen, had two permanent members, and then had additional ad hoc members for whichever province or territory they had to search for candidates from in order to get the local perspective. Short lists were forwarded to the PM, and for the most part, they were appointments without partisan histories (though the last Manitoba LG appointment was the wife of a former provincial politician it does bear noting). When he came in, Trudeau and his people said that the system was working well, and that they were likely to continue it. Except they didn’t. They replicated portions of it for their Senate nomination committee, but dismantled the Vice-Regal Appointments Committee after they let the memberships lapse, including the post of Canadian Secretary to the Queen (which remains vacant to this day). And the only reason anyone can figure out as to why is because it was simple antipathy to the Harper government, regardless of whether the idea worked. Instead, appointments are made in a black box, and Foote’s appointment seems to indicate that he’s willing to let partisans into these posts in contrast with others.

And don’t get me wrong – I have nothing against Judy Foote personally, and I’m sure she’ll do a fine job, but the whole thing is a bit odd in the context of every other appointment process that Trudeau has put into place (which are interminable and can’t fill any position in a timely manner, Supreme Court of Canada excepted). There was a system that worked. What Trudeau has done instead makes no sense at all.

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Senate QP: Brison talks out the clock

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Senate Question Period resumed this week, after a hiatus of several weeks, and the special guest star this week is Scott Brison, president of the Treasury Board and temporary minister of democratic institutions. Senator Larry Smith led off, and he worried about marijuana regulations not being pre-published in the Canada Gazette. Brison said that Treasury Board’s work from a regulatory perspective was to work with Health Canada to ensure that the framework was in place by the time that the legislation comes into force. He assured them that there would be no corners cut, before launching into the worn talking points about the point of the legislation. Smith tried to puzzle out the timelines around regulations being published, and he wanted the rationale being made public in terms of why the regulations were not pre-published. Brison reiterated that they were trying to ensure that the regulatory framework was in place prior to the law effect. Continue reading →

Roundup: The big Mali announcement

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The formal announcement was made yesterday – six helicopters (two medical evac, four armed escorts) and approximately 250 personnel are headed to Mali as part of UN peace operations, and while this initial deployment covers off for German and Dutch forces that are pulling out, time there will be spent evaluating other ways that Canada can help build capacity in the country, which will involve training troops from other countries. While there have been some 162 peacekeeper deaths so far in Mali, all but four of those are from less advanced militaries than Canada’s, and the four Western countries’ deaths were related to a helicopter accident and not hostile actions. Chrystia Freeland did a great interview that helps lay out more of the details as to why Mali and why it’s taken so long.

Opposition reaction has been swift, and a bit curious. The Conservatives are demanding a debate and a vote on the deployment (reminder: a vote is wholly inappropriate because it launders the accountability that the government should be held to regarding the mission), while the NDP keep pointing out that this will not fulfil all of the government’s peacekeeping promises (not that they have claimed that it would), while demanding more details. Former senator Roméo Dallaire says that this is a good deployment, and reiterates that Canadians training troop-contributing nations and mentoring those forces will help to modernize peacekeeping.

In terms of hot takes, John Ivison sticks to the point that this is a political move by the government designed to help them get their UN Security Council seat as opposed to having anything to do with national security – err, except that peacekeeping isn’t supposed to be about national security. That’s kind of the point.

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Roundup: Expat voting rights on the line

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Coming up this week is a Supreme Court of Canada hearing that I’m going to play the role of bad guy with, which is the challenge around expat voting rights in Canadian elections. And by playing the villain, I’m firmly in the camp that I think it’s perfectly acceptable that their right to vote in a Canadian election lapses after about five years, because our electoral system is based on local riding elections. If you don’t live in a riding, and haven’t for years, then your vote soon becomes meaningless because you are essentially voting for a local representative whom you’re not familiar with, with local issues you’re not impacted by, and generally you’re voting for a leader, which isn’t how our system works.

And I know, these expats challenging the law feel like their citizenship is being devalued, but their connection to the riding they’re supposed to be voting in grows ever more tenuous, even if their connection to Canada as a whole doesn’t – but it’s about mechanics. There are complaints that the five-year cut-off is arbitrary, and to an extent it is, but that said, the constitutional rule is that an election must be held within five years of the preceding one (despite the fact that our later fixed-election-date laws tend to operate on four-year cycles – yet another Americanism that we need to disavow because it hasn’t done anything constructive for our system and rather has created a whole new set of ways in which incumbent governments can try to manipulate the field). It makes it reasonable to make it five years, then, in terms of when voting rights lapse when one is absent from a riding.

The way I think about it is that these particular limits make our voting rights more protected, rather than devaluing citizenship. If you’re voting for a riding that you have no connection to, how is that upholding the integrity of the electoral process in that riding? It means that for those who are voting within that riding, it maintains that there is that special connection between the voters in the riding and those who are elected to represent them. You’re unlikely to be paying taxes if you’ve been away that long, so it’s not like a taxation-without-representation issue either, and most likely, those expats are voting in their new host countries by this point as well. Votes should mean something, and in Canada, that means a connection to a specific riding, which we shouldn’t take for granted.

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Roundup: Jagmeet Singh’s past catches up with him

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Yesterday was a bit of a day for NDP leader Jagmeet Singh. After the Globe and Mail published a piece that showed him at a 2015 rally of Sikh separatists in San Francisco under a banner featuring the armed extremists leader of the group that prompted the raid on the Golden Temple in Punjab, Singh put out a statement saying that he was there as a “human rights activist” and that he condemns terrorism – but was vague in just whom he was denouncing, which raised yet more questions.

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Since then, more information came to light by the National Post which showed Singh at a 2016 panel devoted to Sikh sovereignty along with a particular leader who advocated violence, and another organizer later said that he appreciated Singh not denouncing the architect of the Air India bombing when he was on Power & Politics, essentially feeding the conspiracy theories that said architect was set up. And since even then, Ujjal Dosanjh has come out with video where Singh has denounced him as an opponent of Khalistani separatists. So, it looks like Singh could be in for a difficult time ahead as more questions get asked, and we’ll see if his comms team remains as cagey as they have been so far.

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Paul Wells notes that Singh’s half-answers and the lengths to which he’ll go to give clear answers demonstrates that he is, after all, a lawyer. Martin Patriquin notes that Singh will have a hard time saying that he can support Sikh separatists with regard to Khalistan while opposing Quebec separatists in Canada.

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Roundup: Notley’s unconstitutional threats

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In Alberta, Rachel Notley’s NDP government had a Throne Speech yesterday that promised all manner of action to try to pressure BC’s NDP government when it comes to the Trans Mountain pipeline problem. Notley, however, decided to take some of Jason Kenney’s bluster and make it her own, promising the ability to block oil shipments to BC that they need for their domestic use. The problem? The Trans Mountain pipeline is regulated by the National Energy Board, meaning it’s federal jurisdiction, and that neither province can do anything to block it or affect what it carries. She’s also echoing the comments that the federal government needs to lean harder on BC, never mind that the NEB has quasi-judicial authority on the issue, and the fact that all BC has done to date is announce a study, or that the federal government has repeated “This pipeline will get built.” It’s a bunch of chest-thumping and borrowed demagoguery that ignores the historical context of what Peter Lougheed threatened in the 1980s, and is rank hypocrisy in that they’re threatening unconstitutional action to combat BC’s threatened unconstitutional action. It’s time for everyone to grow up.

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Roundup: Duffy’s privilege problems

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At long last, the Senate has responded to Senator Mike Duffy’s lawsuit against it, and is asking the Ontario courts to remove it from the suit because of parliamentary privilege. This was to be expected, and I’m surprised it took this long, but here we are. Duffy’s lawyer says that he’ll fight it, of course, but he’s going to have an uphill battle because this is very much a live issue.

For a refresher as to why this matters as an issue of privilege is because it’s about the ability of the Senate to discipline one of its own members. This is especially important because the Senate is a self-governing body of Parliament, and because it’s appointed with institutional independence and security of tenure in order to ensure that there is that independence. In other words, the Senate has to be able to police its own because there’s no one else who can while still giving it the ability to be self-governing (as we explored in great detail over the Auditor General’s desire to have an external audit body oversee the chamber’s activities). And indeed, UOttawa law professor Carissima Mathen agrees that it would be odd for the Senate not to have the power to suspend its own members, and raises questions about whether it’s appropriate for the judiciary to interfere in this kind of parliamentary activity. (It’s really not).

The even bigger complicating factor in this, of course, is that NDP court case trying to fight the House of Commons’ Board of Internal Economy decision around their satellite offices. The Federal Court ruled there that it’s not a case of privilege (which is being appealed), and Duffy’s former lawyer, Donald Bayne, said that this is a precedent in their favour while on Power & Politics yesterday. And he might have a point, except that the Commons’ internal economy board is a separate legislative creature, whereas the Senate’s internal economy committee is a committee of parliament and not a legislative creation. This is a Very Big Difference (and one which does complicate the NDP case, to the point that MPs may have actually waived their own ability to claim privilege when they structured their Board in such a fashion – something that we should probably retroactively smack a few MPs upside the head for). I don’t expect that Duffy will win this particular round, meaning that his lawsuit will be restricted to the RCMP for negligent investigation, but even that’s a tough hill to climb in and of itself. He may not have much luck with this lawsuit in the long run.

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Roundup: Privilege case at the SCC

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There is an interesting case being heard at the Supreme Court of Canada today, which goes to the heart of how laws are made in this country. An Alberta First Nation, the Mikisew Cree, applied to the Federal Court for judicial review of the 2012 Conservative budget implementation bill after its changes to environmental legislation didn’t consult them, per Section 35 of the Constitution. The problem? You can’t have the courts interfere with the legislative process. That goes to the heart of parliamentary privilege and the separation of powers.

The Federal Court allowed a partial application, citing that they should have been given an opportunity to make submissions, but this was overturned by the Federal Court of Appeal, which (correctly, in my view) cited that the Federal Court Act had no jurisdiction over the legislative process, and that it offended parliamentary privilege and the separation of powers, and there was an additional issue that this omnibus bill was of general application and did not apply specifically to this First Nation. The Supreme Court of Canada now gets to hear the issue and decide whether or not this should be the case in the face of the constitutional duty to consult.

While I’m sympathetic to the need to consult on these issues, particularly on issues that will affect their lands and ability to have engage with the processes that are created out of the regulator bodies that are engaged by the legislation once it is enacted, I do have a problem with the demands that any outside group be included in the drafting process. And while the current government has made a great deal of effort doing consultations before they draft bills (and there is no shortage of grousing as to how it slows down the process), there are usually plenty of opportunities to intervene once the bill is tabled and reaches committee hearings in both the Commons and the Senate. This is how parliament is supposed to work. Trying to short-circuit this has an effect on things like cabinet secrecy, and more likely, could grind the legislative process to a halt if you were dealing with a group that wanted to be obstinate. But also, it bears reiterating that parliamentary privilege and the separation of powers are not things to be trifled with, because it undermines the ability of parliament to do its work. While I’m confident that the Supreme Court will do the right thing, I do worry that this case has made it this far and could be victim of novel thinking that could do lasting harm to our institutions.

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