It really was a blow to Stephen Harper, and his judgement when making appointments. The Supreme Court in a 6-1 decision rebuked not only the appointment of Justice Nadon to the Supreme Court, but also the declaratory provisions passed in the omnibus budget implementation bill that made the appointment okay. Nadon never was a Supreme Court justice and remains a supernumerary justice on the Federal Court of Appeal, his appointment and swearing in ceremony null and void. There was a lot of reaction to the decision, including from Justin Trudeau who pointed out that this is a sign that Harper couldn’t even get the big things right, which puts his judgement into question (ironic, since that’s what the Conservatives are trying to attack Trudeau about). The Toronto lawyer who brought forward the challenge wonders why it was left up to him, a private citizen, to do something about the government’s attempt at subverting the constitution, and on his own dime. Adam Dodek walks Maclean’s through the decision, and in a separate op-ed says the ruling represents the entrenchment of the Court’s constitutional independence, and a serious blow to the “transparent” appointment process that Harper put into place. Emmett Macfarlane goes further into the repudiation of the appointment process, and says that the consequences of this decision will almost certainly mean doom for the government’s Senate reform reference. Carissima Mathen, who appeared at committee and said that the declaratory provisions were doomed to fail (and was mocked for it) gets the last laugh. Liberal MP and former justice minister Irwin Cotler draws the lessons from the whole affair as to the flawed appointment process, the government’s own delays in selection, and their ignoring the warnings that Nadon’s appointment was going to present a problem.
Tag Archives: Elections Canada
Roundup: Exit Flaherty
Out of the blue, Finance Minister Jim Flaherty announced his resignation from cabinet yesterday, but not his seat (just yet). This after Flaherty promised that he was going to run again, while simultaneously dropping hints that he was ready to wind down his political career. And it looks like Joe Oliver will be tapped to replace him as Finance minister, but no word on who would then take over the Natural Resources file. Here are some facts about Flaherty and his career, and a look back at his best ties, which were pretty much all green, which was kind of his shtick. Here’s Paul Wells’ profile of Flaherty from a couple of months ago.
Roundup: A branch office in Montreal
The Liberals have big questions about the NDP’s “branch office” in Montreal, which they claim is totally for coordinating parliamentary work and is totally not doing any partisan work – really! Note that the NDP complained when the Bloc had an office set up in Montreal paid for out of Parliamentary funds, but when they do it, it’s not problem. What I find intensely curious about the whole affair is not only the way in which several of these staffers have dual titles, and that a number of them are labelled as “outreach.” The thing that I finds a little disturbing is the way that this points to a concerning level of central control when it comes to their MPs and staff, far and above the particular level of centralisation they already have with staffers on the Hill. Suffice to say, it all does look a bit suspicious.
Roundup: No ruling on “reasonable”
A Federal Court judge has declined to rule on whether a three-year delay in an Access to Information request is “reasonable” under the legislation, saying that it’s Parliament’s decision to make, not hers. This could make the Information Commissioner’s job much more difficult, if she doesn’t have a proper definition of what constitutes a reasonable delay to go by.
Roundup: Denying a green light
Drama in the Liberal ranks in preparation for a by-election in Trinity Spadina, as the nomination front-runner was apparently refused a green light from the Ontario Campaign Co-Chair because Christine Innes and her husband, former MP and junior minister Tony Ianno were accused of intimidating and bullying volunteers. Apparently they were telling these volunteers that their futures in the party would be over if they were on the “wrong side” of a nomination battle, meaning the future riding redistribution and their support for Chrystia Freeland. Innes put out a statement alleging backroom strong-arm tactics and that she refused to be “assigned” a riding to run in, which went against the promise of open nominations. The party responded that it was a request to keep candidates focused on the by-election, and not future nomination battles against incumbent MPs, which sounds like what the intimidation was about. As the battle waged over Twitter, the partisan concern trolling from all sides got cute, but the accusations of sexism because she was denied the green light over the actions of her husband do seem a bit over the top.
Roundup: Exiting Afghanistan
The Canadian Army lowered the flag for the last time in Afghanistan, as our troops officially pull out of that country after our longest military engagement ever. Not that the job is really done, but we’re now turning it over to domestic security forces, as nascent as they are. Our ambassador says that Canada will remain engaged in the country and will help to rebuild their economy, and in particular their resource sector.
Roundup: Ignoring previous suggestions
Our Officers of Parliament are saying that Mark Adler’s “witch-hunt” bill to ensure that they don’t have partisan pasts rings hollow considering that they jointly sent suggestions to the Commons about making their offices more transparent in the wake of the Christiane Ouimet affair, and nobody followed up on that. Of course they didn’t, as there wasn’t any partisan advantage to it.
Roundup: Reading his own report wrong
Harry Neufeld, former chief electoral officer of BC and author of a report on voter irregularities in the last federal election wants it to be made clear that said report didn’t say there was fraud. Pierre Poilievre, who likes to cite that report, decided to double down and actually say that Neufeld was reading his own report wrong. No, seriously. Neufeld, incidentally, says that many of the incidents of “fraud” that people insist happen are urban myths that have been repeated so often that people start to believe them without actually witnessing it happen. Andrew Coyne shreds the Fair Elections Act and quite correctly points out that while there are a few good points in the bill, the closer one looks at it, the worse it gets and becomes untenable.
Roundup: Mayrand’s concerns laid out
After a bout of procedural shenanigans and two separate time allocation votes in the Commons, Chief Electoral Officer Marc Mayrand spoke to the Commons Procedure and House Affairs committee, giving his assessment of the Fair Elections Act. He has a couple of major concerns – the lack of powers to compel testimony, the loss of the vouching system and the likelihood that it will disenfranchise voters, and inadequate paperwork filed by candidates who get their refunds nevertheless. He spoke about the privacy concerns over turning over the lists of who actually voted over to the parties, who have zero legislated privacy safeguards, and said that the fears of voter information cards to commit fraud is a lot of sound and fury over nothing as most of the errors recorded were procedural and not substantive. In case you couldn’t guess, Pierre Poilieve shrugged off most of the whole appearance, and tried to claim that Mayrand made a number of factual errors.
QP: The Great Prairie Grain Crisis
As the sitting week winds down in advance of the two-week March break, there was a definite feel of that very same happening in the House. Thomas Mulcair, the only leader present, led off by asking about the bottleneck of grain shipments on the prairies, for which Pierre Lemieux — a parliamentary secretary and not even a designated back-up PM du jour — assured him that they were working to address the logistics system. Mulcair gave an angry retort and demanded that Lisa Raitt answer the question, but Lemieux repeated his answer as the Conservative benches mocked Mulcair’s angry growl. Mulcair moved to the issue of voter information cards, and Pierre Poilievre listed possible kinds of ID that could be used. Mulcair brought up Marc Mayrand’s concerns about the ability to dress-up campaign advertising as fundraising under the elections bill, but Poilievre reminded him that the NDP leadership allowed the very same thing. Mulcair closed his round by saying that Mayrand demolished their arguments about voter fraud, but Poilievre disputed the factuality of that assertion. Ralph Goodale led off for the Liberals, pointing out a section of the Railway Act that the minister of transport could use to get the grain on the prairies moving, but Lemieux stood up to deliver his same talking points. Goodale turned to the coming drop in funding for the Building Canada Fund, but Denis Lebel insisted that they tripled funding for infrastructure over the ten years.