Roundup: No, committee studies shouldn’t guide government

And lo, from Toronto’s den of hipsterdom, comes the plaintive wail that a government ignoring the work of committees is a betrayal of democracy. No, seriously – this is the complaint of VICE’s parliamentary columnist (who does not reside in Ottawa, or ever darken the halls of Parliament Hill, but whatever). Brown cites the centralization of power in the PMO and the growing power of branding as the forces that eclipse these poor committees, but it’s possibly the laziest gods damned complaint you can imagine.

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So, for Brown’s edification, here are a few points that he overlooked in his ignorance of how things actually work in Ottawa:

  1. The role of Commons committees is not to be driving government policy, as Brown seems to think. The role of Parliament is to hold government to account, and committees are the workhorses of doing that, particularly when it comes to scrutinizing legislation. Senate committees, it should be noted, do a much more robust job of looking at areas of concern and coming up with policy recommendations, but that’s because the Senate is Parliament’s built-in think-tank, and it operates on a less partisan basis than Commons committees, who often approach their committee work with the lens of validating their party’s pre-existing positions.
  2. Not all committees are created equal. He may cite the work of a few of the “high profile” committees, writing on “sexier” topics like pharmacare, but because those are higher-profile committees, you’re seeing more studies that are bound to attract attention but have little substance to offer. If he wants to get a better sense of really effective committees that do really good work, he should look at ones like Public Accounts, who do the real work that Parliament is supposed to be doing, which, again, is holding government to account.
  3. Committees coming up with reports that the government does not then follow is hardly a sign of PMO centralization – if he wants an example of that, it was how committees operated in the Harper era, where they were all branch plants of minsters’ offices, with parliamentary secretaries directing the government MPs to do their bidding, and having ministerial staffers providing direction throughout. Oh, and the minister would often direct the committee to study topics that were of convenience (while he or she went ahead and legislated before waiting for the committee report). The way committees are operating currently is a vastly different environment than it was just a few years ago. But he might know that if he was actually here and paid attention to these things.

You’ll excuse me if I have little time for facile analysis like this. Whinging about PMO centralization without looking at the complicity of MPs themselves in the problem is to miss the point. And to miss the whole point of Parliament in a column like this makes it clear that nobody should be paying attention to the musings of its author.

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Roundup: Unserious about peacekeeping promises

News came out yesterday that Canada had lined up 19 Spanish-speaking soldiers for a UN peacekeeping mission to Colombia, only for National Defence to drag their feet until the opportunity closed. With more tales like these, and others about Canada being offered leadership positions in peacekeeping operations and then turning them down repeatedly, is causing a lot of questions to be asked about just how serious we are about the promises the government made during the last election about returning to peacekeeping operations. The Chief of Defence Staff has said that there were questions about operational security, but those claims are being questioned in light of other evidence being presented. There was a very good interview on Power & Politics with Peggy Mason, president of the Rideau Institute and the former Canadian Ambassador for Disarmament, who challenged many of the points that the government and the military has made, and points to the current culture in DND, which has been out of peacekeeping game for long enough that it’s looking down on those kinds of missions. It’s worth watching if you’ve got five minutes to spare.

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Roundup: The obtuse Atwal angles

Because the Jaspel Atwal story refuses to go away, due to equal parts of inept messaging by the government and obtuseness on the parts of both the opposition and much of the media, it seems like we should dig into a few more aspects of it. If you haven’t yet, read John Ivison’s column that threads the needle on just what the senior bureaucrats were warning about with regard to the possibility of “rogue elements” in India’s government, and the invitation that MP Randeep Sarai extended to Atwal while Atwal was already in the country. If more people read this, we would have far fewer of the questions we’re hearing about how both “versions” of the incident can be true. And hey, people familiar with both Indian politics and security services are adding that this is more than plausible.

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In the meantime, opposition parties are trying to use their parliamentary tools to continue to make hay of this. Ralph Goodale got hauled before the national security committee yesterday, and he was unable to give very many answers – completely understandably – and suggested that MPs use the new National Security and Intelligence Committee of Parliamentarians to discuss classified issues like this. It didn’t stop the opposition from trying to call the National Security Advisor to committee, but that was blocked. But as Stephanie Carvin points out below, MPs are not great at this kind of thing, and risk doing even more damage (and We The Media aren’t helping).

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In case you were wondering why the Conservatives dropped their planned Supply Day motion to try and wedge the government over support for a united India as a pretext to bash the Atwal issue some more, they faced an outcry of Sikhs in Canada and backed down (but are insisting that the motion is still on the Order Paper and can be debated on a future Supply Day).

In the meantime, India raised their tariffs on imports of pulses, and suddenly every single Canadian pundit joined the Conservatives in blaming it on Trudeau’s India trip and the Atwal accusations. Not one of them noted that India is having a bit of a domestic crisis with its farmers, and there is a global glut of pulse crops, which is depressing prices (for which India is trying to boost domestic production). But why look for facts when you can try to wedge it into a narrative you’ve already decided on? Cripes.

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Roundup: Beyak’s website battle

Unaffiliated Senator Lynn Beyak is preparing to go to war over her website on Monday. A motion had been moved in the Senate by Independent Senator Kim Pate to have Beyak’s website removed from Senate servers because of the letters that she posted on there, some of which have been deemed racist. Beyak is going to argue that if the motion passes, her privileges will be violated as it will impede her ability to do her job because she can’t inform her constituents about her work or to “address the concerns and opinions of all Canadians.”

For starters, I think Pate’s attempt to remove Beyak’s site is a bit of a stretch, given that Beyak isn’t posting anything that rises to the level of criminal hate speech (despite what her critics may say). The Senate places a great deal of value on free speech, most especially for its members, so it will be very difficult for them to make the case that Beyak should be denied it because she holds some objectionable views. Gods know that there have been plenty of abhorrent views expressed by other senators in the past about other minorities (thinking in particular about one senator’s views about the LGBT community), and she was not censured by the Chamber in any way. While there are different players in the Senate currently and this is the “era of reconciliation,” I still think that there is an uphill battle to take down Beyak’s site.

The other thing is that it would take very little effort for Beyak to port her website onto a different server, and just have a link from her Senate bio page, as many other senators have done, where there is simply a disclaimer next to it saying that it’s not an official Senate site. In other words, Pate’s measures are pretty much symbolic only, which may be fine on the surface, but won’t actually addess the real issues with Beyak’s views, or her promotion of views that are objectionable. Is this a battle worth having? I guess we’ll see.

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Roundup: A return to “bold” policy

The federal NDP had their biannual policy convention over the weekend, and Jagmeet Singh’s leadership was “reaffirmed” when some 90 percent of delegates voted not to have a leadership review. So they’ll keep giving him a chance despite his intransigence in not running for a seat, apparently. And while they got a new party executive, and talked about how they need to do better when it comes to dealing with the harassment allegations in their own ranks that went ignored (particularly around Peter Stoffer), they also decided it was time to return to “bold” policy ideas after a fairly timid electoral platform the last time around. Not so bold, mind you, as to embrace the Leap Manifesto, which went unspoken during the convention despite rumours that it would rear its head once again, but rather, they went for things like universal pharmacare, dental care, and free tuition – you know, things that are the ambit of the provinces. Oh, and re-opening the constitution, as though that’s not going to be any small hurdle. (The free tuition debate, meanwhile, took over Economist Twitter over the weekend because the NDP’s adherents have a hard time understanding how a universal programme actually disproportionately benefits the wealthy rather than applying targeted benefits that would benefit those who are less well-off).

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Chantal Hébert, meanwhile, finds the same core message of the NDP unchanged despite the changing slogans. There is some disagreement about that.

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Senate QP recap: Fisheries under the microscope

For the first ministerial Senate Question Period of the year, fisheries minister Dominic LeBlanc was the special guest star. Leading off as always was Senator Larry Smith, who first wished LeBlanc well given his cancer treatment, and then asked about the impact of the Phoenix pay problem on the Coast Guard. LeBlanc noted that this was a problem and he was working with the senior management of the Coast Guard on the problem, he acknowledged that it was an unacceptable situation that was costing them personnel that had a cascading effect on their capacity, which is why they were trying to deal with it. Smith asked if there was a timeframe to sort it out, and LeBlanc said that because previous timeframes have slid, they were simply continuing to do the work to deal with the most urgent cases and working toward stabilising the system. Smith asked if this message was relayed personally to the Coast Guard members, and LeBlanc said that he had every time he visited a Coast Guard facility. Continue reading →

QP: Not taking yes for an answer

While Justin Trudeau was present today, Andrew Scheer once again was not. That left Lisa Raitt to lead off, mini-lectern on desk, and she worried about the Trans Mountain pipeline and wanted a plan to ensure that it would begin construction this spring. Trudeau listed the actions they’ve taken on legislation and processes, said that he was meeting with premiers, and asserted that the pipeline would be built. Raitt dismissed this as platitudes and stated that Canada was not open for business, and Trudeau reminded her that the previous government’s leadership never got any projects built. Raitt asserted that the government botched Energy East, and demanded more action. Trudeau reminded her that he pitched Keystone XL to American Democrats while he was in opposition while the current opposition just talks down Canada. Alain Rayes picked up this line of questioning in French, and Trudeau repeated his first response about providing certainty and asserting it would get built. Rayes tried again, and Trudeau simply asserted that they would get the pipeline built. Guy Caron was up next for the NDP, and he concerned trolled about CRA not being accountable to parliament. Trudeau praised the actions they took strengthening the Parliamentary Budget Officer, and that they supported his work. Caron tried again in English, noting the two new tax treaties signed, to which Trudeau reminded him that they put $1 billion into the CRA to go after tax evasion. Peter Julian picked it up in French, demanding immediate action on stock option taxation and tax havens which contrasted with poverty and inequality, and Trudeau took it as an opportunity to praise their social housing investments. Julian tried again in English, and this time Trudeau praised the work of the government to reduce drug prices.

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Roundup: Jury selection in the crosshairs

The fallout from the Gerald Stanley trial continued in Ottawa yesterday, where the family of Colten Boushie met with ministers Carolyn Bennett and Jane Philpott about their frustrations with the justice system, and in particular the focus seemed to be on jury selection, and in particular the use of peremptory challenges in order to screen out any potential juror that looks Indigenous. In Question Period, justice minister Jody Wilson-Raybould said that this was under consideration as part of their broader criminal justice review, but this is a project that seems to be travelling at a glacial pace (as so many things do in this government), and we have no idea when any report or formal recommendations by the government will actually be released in advance of legislative fixes. Boushie’s family are due to meet with Wilson-Raybould, Ralph Goodale and the prime minister at some point today, but I’m not holding my breath for any timelines on action on these issues. Oh, and in case you were wondering, the premier of Saskatchewan says that he’s open to discussions about more Indigenous representation on juries, but it doesn’t sound very concrete.

The attention that the Stanley verdict has given to the problems around Indigenous representation on juries have reminded us that this is a long-standing problem that has been on the radar for many years, such as with the report by former Supreme Court of Canada Justice Frank Iacobucci written for Ontario about the issue, complete with a number of recommendations. (That report spawned the Debwewin Committee, whose report is more than a year-and-a-half overdue by this point). The National Post last week had a look at the issues of stacked juries and biased media in cases like Stanley’s, and noted that there is a current study underway by an Ontario Superior Court justice looking into representation on juries with an eye to training judges in the future. Meanwhile, Senator Murray Sinclair says he will advocate for concrete changes such as limiting peremptory challenges, and provincial jury selection processes.

In terms of commentary, Colby Cosh tries to take a more dispassionate look at the jury system and wonders what we risk if we try to overturn it because we don’t like one decision out of hundreds. In a piece from 2016 that was reposted in light of recent events, Jonathan Kay wrote about his experience in a jury pool where, in a case involving a domestic homicide, the defence used their peremptory challenges to assemble an all-male, mostly visible minority jury.

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QP: Demands for disassociations

While Justin Trudeau was present today, post-trip to Chicago, San Francisco, and Los Angeles, Andrew Scheer was not. This left Peter Kent to lead off, railing about the “peoplekind” remark and the fact that Trudeau’s principle secretary, Gerald Butts, called out people who crictised it as Nazis. (He didn’t really, but made reference to specific alt-right characters doing the criticizing). Trudeau noted that he didn’t hear a question in that statement, and sat back down. Kent got up to rail about real Nazis and demanded that the PM disassociate himself from Butts, but Trudeau stood up to talk about how they recognise the horrors of the holocaust and that they took that history seriously. Alain Rayes got up next, and railed about the lack of action on the Trans Mountain pipeline, and Trudeau noted that he had committed that the pipeline would get built. Shannon Stubbs returned to the “Nazi” issue, and while Trudeau first dissembled about town halls, on a supplemental, he told the opposition that they shouldn’t let Rebel Media quite their  questions for them, and suggested that they are the ones who should disassociate themselves. Guy Caron was up next for the NDP, concerned about anonymised data requested by the Parliamentary Budget Officer, and Trudeau noted that they have concluded an agreement with the PBO to get them the information that they need. After a round of the same in French, Charlie Angus got up to demand action on cases like the death of Colten Boushie, Trudeau noted that their hearts went out to the family, and while they couldn’t comment on the specific case, they were working to address the inequities in the system. Angus demanded more action on Indigenous justice, and Trudeau listed areas that they need to fix, and noted that they were at work on it.

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Roundup: Fallout from the Stanley decision

The verdict in the Gerald Stanley trial came down late Friday night, and the Saskatchewan farmer was found not guilty in the shooting death of 22-year-old Colten Boushie for the same kinds of actions that a white person would not have been shot at for. That the jury did not contemplate a manslaughter conviction instead of second-degree murder is the more puzzling aspect of the verdict, and why there is such a cry about racism in the justice system – especially since the defence counsel was able to successfully challenge any of the potential Indigenous jurors and wind up with an all-white jury, which is when the family knew that the fix was in, and that this was not doing any favours to the cause of reconciliation, nor for faith in the justice system for people who aren’t white.

The PM and justice minister tweeted that more needs to be done when it comes to ensuring that there is justice for Indigenous people in this country, leaving some Conservative observers a little aghast that they got involved. That said, the wording was carefully chosen in order to not criticise the jury itself, or promise that there would be an appeal or some kind of attempt to overturn the verdict. That’s probably a good thing overall, while it acknowledges that there is a problem and that the government is aware of it, and it’s worth nothing that the government is talking about this situation where there is a good chance that they wouldn’t have just a couple of years ago. Meanwhile, this hasn’t stopped the Conservatives from accusing the government of “political interference” with the courts (never mind how many times they criticised court decisions, especially by the Supreme Court of Canada, while they were in power). But what can be done? Well, there is already an ongoing review of the criminal justice system that this government has undertaken (but is very, very slow about rolling out any concrete measures about), so we can be sure that this will be part of it. But better resourcing the justice system is something that they need to confront, which means hiring more Crown attorneys, and giving them more time and resources to tackle cases is going to be part of the solution as well (and we can all think of a number of high profile cases in recent years that the Crowns have utterly ballsed up). And indeed, in this case, there were apparently questions going in as to whether the Crown attorney in this case was capable of handling a trial like this. But this is also a provincial issue as well. Ontario is working on a strategy about getting more Indigenous representation on juries, but its report is already more than a year overdue. The Boushie family has arrived in Ottawa to meet with ministers, so one suspects we may hear more later in the day.

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And there has been no dearth of commentary around this case already. Lawyer David Butt talks about the need to limit the peremptory challenges that allowed Stanley’s defence lawyer to create an all-white jury. Defence Lawyer Allan Rouben suggests that maybe it’s time to loosen the rules that forbid jurors from discussing what happens during deliberations. Tammy Robert reminds us that no, you can’t shoot someone to protect your property in Canada. Robert Jago says that the trial and verdict show that the attitude remains that Indigenous people are simply animals that Canadians are taught to fear.

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