QP: Local businesses for local people

With Justin Trudeau off to the United Nations for the rest of the week, we weren’t expecting fireworks, but rather the continued caterwauling about the proposed tax changes, that are sure to doom the whole economy. Andrew Scheer led off, worried about what the tax changes would do to “local businesses,” coincidentally the very new campaign that his party has launched. Bill Morneau reminded him that the changes were about ensuring that the wealthiest Canadians couldn’t use these mechanisms to pay less tax. Scheer talked about two local craft brewers who were “middle class,” and Morneau quipped that he was sure that Scheer was happy to defend the wealthiest Canadians. Scheer wondered how many jobs these measures would create, but Morneau stuck with his points. Alain Rayes then picked up the line of questioning in French, and Morneau insisted, in French, that he was listening and would ensure that the system was fair. After another round of the same, Thomas Mulcair rose for the NDP, worried that th government was looking to do away with the “bilingual bonus” in the public service, to which Dominic LeBlanc assured him that they would ensure a bilingual public service. Mulcair pressed in French, and got much the same response. Mulcair moved onto the topic of Canadians being barred from entering the US post-marijuana legalisation, to which Ralph Goodale reminded him that we can’t dictate to the Americans who they let into their country. Mulcair then asked about cannabis edibles, and Goodale assured him that work was ongoing.

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Roundup: Renewing the tax change battle

Those proposed tax changes around private corporations were big in the news again yesterday, given that Parliament had returned and there was a sense that the fight was about to begin in earnest, now that everyone was paying attention. The Canadian Taxpayers Federation hired a plane to fly a banner above Parliament Hill that read “No Small Biz Tax Hike,” never mind that the small business tax rate isn’t being raised and that the proposed changes aren’t going to affect the vast majority of small and medium-sized businesses. Before the fight got started in earnest during QP, the NDP tried to insert themselves into the debate by trying to insist that the government should instead be attacking the “tax cheats” who use offshore tax havens – which, it must be pointed out, are also using legal instruments and thus are not actually “tax cheats” either, which is language that doesn’t help anyone.

In the Law Times, I have a story on how some lawyers are angry with the Canadian Bar Association over their opposition to the proposed tax changes – something that garnered a fair bit of attention. Global tried to work out what some of those tax changes amount to in terms of how it benefits those able to use the current provisions (though their use of the term “loopholes” rankled some of the economists they quoted). Colby Cosh takes on the semantic warfare in the proposed tax change debate.

And then the Twitter battles were renewed in earnest as well. Lisa Raitt was back at it, but Andrew Coyne took on her points with particular aplomb to show why they didn’t have any particular logic or intenral consistency.

https://twitter.com/acoyne/status/909940527038164992

https://twitter.com/acoyne/status/909941619297746944

https://twitter.com/acoyne/status/909942564370952197

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Roundup: Concern trolling over tax loopholes

There’s been a great deal of concern trolling going on over the past few days when it comes to the planned changes to self-incorporation to close the tax loopholes found therein. Conservative leader Andrew Scheer tweeted out another of his disingenuous messages yesterday, talking about “hiking taxes” on doctors – who are leading the concern trolling charge against this closure of self-incorporation loopholes – which is not surprising, but nevertheless not exactly the truth about what is going on.

Meanwhile, economist Kevin Milligan has been dismantling the concern trolling arguments with aplomb, so I’ll let him take it from here:

https://twitter.com/kevinmilligan/status/895338880961961984

https://twitter.com/kevinmilligan/status/896066789569777664

https://twitter.com/kevinmilligan/status/896067622332022784

https://twitter.com/kevinmilligan/status/896068604008910848

https://twitter.com/kevinmilligan/status/896069143002140672

https://twitter.com/kevinmilligan/status/896069848106647552

https://twitter.com/kevinmilligan/status/896070338647175170

https://twitter.com/kevinmilligan/status/896070769976815616

https://twitter.com/kevinmilligan/status/896109673312473088

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Roundup: Disappointment and disengagement

Yesterday being the UN International Day of the World’s Indigenous Peoples, The Walrus had Robert Jago write a polemic about the sense of betrayal that some Canadian Indigenous people are feeling about the current Liberal government, which promised much but appears to have delivered little. While one could easily argue that much of the litany of complaints are cherry-picking examples and casting some of them in an uncharitable light – many of the promised changes haven’t happened yet because they are complex and systemic, which coupled with a slow-moving bureaucracy that resists change by its very nature, and that means that things take time, not to mention that consultations per Section 35 of the Constitution add time to the process, especially when the government is committing to rebuild many of them from the ground-up. While it’s all well and good to complain that they haven’t poured more money into the system, there are just as many valid reasons for pointing out that pouring money into a broken system is just as likely to exacerbate problems than it will to have any meaningful impact, and we have seen numerous instances of just that – adding money where there is no capacity to effectively spend it has added to burdens being faced by some of these communities.

This, however, wasn’t what bothered me about Jago’s piece, but rather, his recounting of his dipping his toe into the political process and then walking away from it. Buoyed by the soaring Trudeau rhetoric, Jago took out a party membership, tried to get involved, found the party too remote and unresponsive and quickly walked away from the convention he was supposed to attend. What irks me about this is that while I do understand that the disappointment-based disengagement is a Thing, and there is a whole Samara Canada study on the topic, is that this kind of narrative is self-justifying, and Jago goes on a tangent about resistance by refusing participation. Why I find it a problem is that change is difficult, and it generally requires a lot more organisation and agitation within the system than he seems to have offered.

The civics lessons that we’re not taught in this country should include the lesson that if you want to make change, you need to be involved in the process, which means taking out party memberships and organise, organise, organise. Because we’re not taught this, it’s allowed central party leadership, in every party, to amass a great deal of power that leaches power away from the grassroots, and a grassroots that doesn’t know any better doesn’t jealously guard that power. It’s why the Liberals voted overwhelmingly for a new party constitution that absolutely kneecapped the rights of the grassroots in that same convention that Jago refused to attend – because they no longer know their rights, and a slick leader managed to convince them to turn over that power to “modernise” things. And that’s why the party needs active and organised grassroots members to push back and reclaim that power. Walking away at the first sign of resistance just allows the central leadership to hold onto that ill-gotten power. It’s going to take time and a hell of a lot of organisation on the part of grassroots members if we want to start rebalancing the power in this country, but if everyone walks away at the first bit of disappointment, then the party leaders have already won.

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Roundup: Urgent investigations

With more video evidence that purports to show Canadian-made LAVs being used in Saudi Arabia against their minority Shia population, Foreign Affairs minister Chrystia Freeland has ordered an “urgent investigation” of the claims. At the same time, we’re getting some pretty usual reaction from the various opposition parties and their supporters, that portray the Liberals as being wide-eyed naïfs who had no idea that these vehicles could ever be used for such purposes.

While it’s easy for the woke supporters of opposition parties, who vociferously quote-tweeted the above statements (without assigning such labels to Loreto herself) to try and paint the Liberals as cynics on the issue, this ignores the very real fact that every party in the election was gung-ho about living up to this contract with the Saudis, and insisting that it would go ahead no matter what, because they wanted those jobs – particularly at the General Dynamics plant in London, ON. The fact that the opposition parties, while doing their jobs of holding government to account, are nevertheless speaking out of both sides of their mouths on this issue. It’s also easy to give facile talking points about how terrible Saudi Arabia’s human rights record is without going into the genuine strategic reasons why they’re an ally in the region, and why that complicates and adds a truckload of nuance into the relationship. And as we’ve discussed before, there is no “nice countries only” option when it comes to having an arms industry, and if you think that we can preserve those jobs without getting our hands dirty in the process, well, real life doesn’t work like that. There are trade-offs to be made, and we should be trying to have an honest discussion about it and what those trade-offs are. This chirping, like from our woke tweeter, is not an adult conversation, and does nothing to reflect the reality of the situation in any way.

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Roundup: Principle over circumstance

After a weekend of yet more wailing and gnashing of teeth about the Omar Khadr settlement, and despite detailed explanations from the ministers of justice and public safety, and Justin Trudeau reminding everyone that this is not about the individual circumstances of Khadr himself but rather the price of successive governments who have ignored the Charter of Rights and Freedoms, we’re still seeing a number of disingenuous talking points and facile legal analysis from players who know better. Here is some of the better commentary from the weekend.

https://twitter.com/aaronwherry/status/883736382602194944

https://twitter.com/aradwanski/status/884024742826696704

https://twitter.com/cforcese/status/884031425862828032

https://twitter.com/stephaniecarvin/status/884031824783126528

A number of people over social media have insisted that treatment of Khadr, including the “frequent flier” sleep deprivation technique used to “soften him up” before CSIS agents arrived to question him, or the fact that he was strung up for hours to the point of urinating himself (and then used as a human mop to wipe it up) or being threatened with gang rape didn’t constitute torture.

https://twitter.com/cforcese/status/884047890003505152

https://twitter.com/cforcese/status/884051777850617856

https://twitter.com/cforcese/status/884052141417037825

There was some particularly petulant legal analysis from former Conservative cabinet ministers that got pushback.

https://twitter.com/StephanieCarvin/status/884078867006320640

https://twitter.com/AaronWherry/status/884091668940677120

https://twitter.com/StephanieCarvin/status/884214974809296898

https://twitter.com/InklessPW/status/883432269976940544

And of course, the broader principle remains.

https://twitter.com/stephaniecarvin/status/884029627546599424

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Roundup: Virtue signalling over Khadr

It’s official – Omar Khadr got his apology and settlement, but the terms of which are confidential (as is par for the course in most settlement offers), and now the Conservatives are really steaming mad. For his part, Khadr says that he hopes the apology and settlement will restore a bit of his reputation and help people take a second look at his case to see that there was more going on, but also notes that he is not really profiting from his past. While the ministers where quite neutral in their tone, when the parliamentary secretary accompanying them translated in French, he took the partisan shots that the government didn’t, which was odd. Later in the evening, the government put out further clarifications, no doubt bombarded with accusations of bad faith.

https://twitter.com/inklesspw/status/883357354187685889

https://twitter.com/cochranecbc/status/883477490399928321

Later in the afternoon, Andrew Scheer took to the microphones to offer a take so utterly disingenuous that it borders on gob-smacking. Essentially, he argued that a) they should have spared no expense in fighting Khadr’s suit, and b) that the remedy for the Supreme Court of Canada decisions around Khadr was his repatriation, which is a complete and utter fabrication. And there’s a part of me that would have like to see them argue that case before the Supreme Court, if only to watch the justices there flay them before laughing them out of the room.

https://twitter.com/aaronwherry/status/883381110285225985

https://twitter.com/aaronwherry/status/883385583233531906

https://twitter.com/AaronWherry/status/883385763634831360

https://twitter.com/aaronwherry/status/883410380277645312

And then the rest of the weighing in, including Stephen Harper, who wanted to pin the blame on the current government, while Conservatives continued to virtue signal that no expense should be spared to give the appearance of fighting terrorists, never mind that this decision is about Khadr’s Charter rights being violated. For a law-and-order party to decide they want to cherry pick which Charter rights don’t apply to people they consider icky, well, that’s a pretty big problem right there.

https://twitter.com/emmmacfarlane/status/883467740325052416

https://twitter.com/EmmMacfarlane/status/883468432578097152

Here are some further legal opinions on the settlement, while Craig Forcese offers a reminder of some of the legal points at play, including where successive governments screwed up and made this settlement necessary where they could have repatriated him earlier and put him on trial here, an opportunity now lost. There is also a reminder that the government didn’t disclose the details of earlier settlements with former terror suspects who were cleared of wrongdoing. Terry Glavin has little patience for how this was handled on all sides, while Susan Delcarourt sees signs that people are still open to being convinced about Khadr.

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Roundup: The disingenuous framing of a committee report

As you may have heard, the Heritage Committee released their long-awaited study on suggested ways to help the local media landscape in Canada. And I’m not here to talk about that, however, but rather how the narrative got completely spun into “Netflix tax!” or “Internet tax!” which wasn’t exactly what they were proposing either. Still, it became a convenient cudgel by which to try and bash the government with.

And that’s the bigger problem with this whole affair – that a committee report is being used to paint the government when it’s backbenchers who are on the committee. That separation between government (meaning Cabinet) and a committee of the legislature is important, and conflating the two is being wilfully disingenuous and makes the problem of not understanding how our parliament works even worse.

https://twitter.com/InklessPW/status/875529614218731523

https://twitter.com/InklessPW/status/875530069086744577

https://twitter.com/aaronwherry/status/875380786563862530

https://twitter.com/aaronwherry/status/875402337665331200

https://twitter.com/aaronwherry/status/875403159463768066

Paul and Aaron both have some very valid points. When the opposition frames it as “Netflix tax!” it’s sadly how most media will report it as well, and I didn’t see a lot of corrections going on about what the report actually said, and that’s a problem. But Aaron also has the point about how the media loves to jump on differences of opinion in parties, but when the parties themselves frame the issue, the media often gets swept up in those narratives.

Remember when there were those Conservative backbenchers trying to float some backdoor abortion legislation or motions that the government distanced themselves from but the NDP screamed bloody murder about hidden agendas and so on? This is not far from the same thing. And they know they’re being disingenuous, but they’re doing it anyway, no matter how much they’re actually damaging the perceptions of the institution.

That said, I could be really mean and point out that it may be hard for the Conservatives to tell the difference between backbenchers on a committee and the government seeing as during their decade in office, they essentially turned the committees into branch plants of the ministers’ offices with parliamentary secretaries ringleading the show and completely destroying their independence…but maybe I won’t.

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Roundup: A wake-up call on court complacency

The Senate’s legal and constitutional affairs committee released their report on judicial delays yesterday, and while I haven’t made it through the whole report yet, I will say that the highlights are pretty eye-opening.

While you may think that the issue of judicial vacancies is top of mind, it’s actually the culture of complacency that has infected the court system, with inefficient processes, poor case management, an unwillingness by some judges to take their peers to task for granting repeated adjournments, and the list goes on. Yes, judicial vacancies are in there, and this government has excelled in delays for all manner of appointments (witness the backlog of nominations for Officers of Parliament, for example). It’s part of what the Supreme Court of Canada was hoping to get at with the Jordan decision (and may refine that somewhat more with the upcoming decision on Friday), but it’s clear that a lot of processes need to change.

I know there has been some work done, and I’ve written a bit about things like the move to do more summary judgments in some cases rather than going to full trial, and it can work. I just wrote a story last week where it did, and the biggest delay in the case was getting an actual hearing date. But some of the bigger problems remain structural, with things like inadequate mental health services that wind up processing these people through the courts rather than getting them proper treatment, or not having culturally appropriate services for Indigenous offenders which would do more to address their concerns and keep them from recidivism rather than keeping them cycling through the system (or out of jail entirely). Things like legal aid funding are also important to the smooth operation of the system, but one has to wonder if it’s not just giving the court system more resources, but also better drafting laws so that we deal with crime in a better way rather than just trying to look tough on the issues.

Anyway, what I’ve read so far looks good and resonates with what I’ve heard in my own justice reporting, so maybe, just maybe, this government can take some of the recommendations seriously and not just thank them, promise to consult further, and put it on a shelf.

(Incidentally, Christie Blatchford, who covers a lot of trials, is full of praise for the report).

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QP: Performing Norsat outrage

On a very pleasant day in the nation’s capital, things were busy on the Hill between caucus meetings, the marking of the 100th anniversary of the dedication of the new Centre Block (after the original one was destroyed by fire), and after QP, the raising of the Pride flag on Parliament Hill. But first, there was QP. Andrew Scheer led off worrying about the deficit and wondered what the PM was going to do about it. Justin Trudeau was ready, and hit back with the list of ineffective boutique tax credits from the previous government and accused them of having neglected the middle class while his government has created jobs and prompted growth. Scheer moved on, and demanded a public sex offender registry, and Trudeau noted that the system already works. Scheer tried again in English, concern trolling about concerns that the government didn’t have funds to make it public. Trudeau reiterated the current system, and that it was put into place by both the Trudeau and Martin governments while the Harper government’s promise for a public registry was left without framework or funding. Scheer then switched back to French, and worried about the Norsat sale and allied objections. Trudeau insisted that allies were consulted and they listened to the advice of national security agencies. Scheer tried again in English, and Trudeau reiterated his points. Thomas Mulcair was up next, demanding the government support their suggestion on reforming appointments, and Trudeau remarked that they already had a new merit-based process. Mulcair then turned to the Der Spiegel article, and insistence that Trudeau was lying about it, and Trudeau countered with a statement from the German government that the story was wrong. Mulcair then demanded that the journalistic sources protection bill be passed before the end of the term, but Trudeau simply noted their support — which is all he could do because it’s not a government bill and they can’t fast track it. For his final question, Mulcair was concerned about whether Harjit Sajjan misled the Ethics Commissioner on his role with Afghan detainees, and Trudeau reassured him that they take their responsibilities seriously.

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