On Justice McLachlin and the question of record keeping

While watching the Supreme Court hearing on the Etobicoke Centre election challenge this morning, I was struck by a couple of the arguments, and the questions put forward by a couple of the justices, and in particular, Chief Justice Beverley McLachlin. The issue in question was record keeping, or the lack thereof in some of the instances in question with the challenge.

The arguments put forward by Ted Opitz’s lawyer suggested that the issues were “mere technicalities” and shouldn’t be used to disenfranchise voters because of mistakes that Elections Canada officials made. This position was challenged – and rightly so. These rules exist for a reason, and the need for documentation and record keeping acts as a safeguard. Chief Justice McLachlin at one point said that the presumption seems to be that since we’re not Afghanistan, we shouldn’t worry about it, even though these kinds of breaches might be questioned in such a country. Justice Abella also at one point asked that if these technicalities don’t matter, then why bother having the Elections Act guidelines at all?

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Roundup: Etobicoke Centre appeal today

Are you ready? The Supreme Court hears the Etobicoke Centre appeal today. This is going to be one to watch, considering how much attention is being focused on the way Elections Canada runs elections, and their training and operations are as much under the microscope here as any particular voter impropriety.

There is talk that the new seat redistribution in BC and in New Brunswick will disproportionately be beneficial to the Conservatives, in large part because new ridings in BC are going to the lower mainland suburbs, while in New Brunswick, Dieppe moves into a new riding, but on balance there shouldn’t be any loss of seats to Liberals or NDP even if the vote spread changes. I’m a bit torn on this assumption that these new ridings in the suburbs of BC will automatically go Conservative. Given that much of the redistribution has reduced the influence of rural ridings (which were over-represented to begin with), and that rural ridings were far more likely to vote Conservative than anything else, one could argue that it makes the ridings more volatile – especially as the “rurban” phenomenon of small urban area at the narrow end of a large rural riding is being blunted in a lot of places. This will create more representative urban and suburban ridings that might actually see their issues addressed rather than swamped by rural concerns. This could put those ridings into play far more, now that the more conservative rural population can’t be relied upon to carry the votes.

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Roundup: Stampede Triumphalism

With it being Stampede time in Calgary, Stephen Harper has made a triumphant “homecoming speech” to the crowd there about how he wants to transform Canada to be one of the “next generation of economic powers,” and that even though all of his changes aren’t popular they are necessary. Note that he again takes credit for Paul Martin’s achievements and for resource prices. Also in attendance were Alison Redford and Danielle Smith, and Redford got more applause than Smith, even though that federal Conservatives tend to be more in the Wildrose Party camp.

As is typical at this time of year, journalists seem mystified that the Liberals are showing the flag in the heart of “enemy territory” – as if there are no Liberals in Alberta, which is not true. Bob Rae says that looking at the elections of Naheed Nenshi and Alison Redford shows that there is an appetite for centrist, progressive politics in places like Calgary – though traditionally this has been harder to achieve at the federal level, as Calgarians tend to vote increasingly conservative the higher level one goes. And add the obligatory Justin Trudeau leadership speculation as he works – and woos – the crowds there.

If you do plan on attending Stampede, here is some expert advice from stylists on how to dress without looking like a complete bumpkin.

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Roundup: Countdown to the Supreme Court hearing

In advance of Tuesday’s Supreme Court hearing, Elections Canada has some new evidence that could cast doubt on some of the ballots that were nullified in the lower court decision. This is one of those rare moments when the Supreme Court will consider new evidence rather than just the factums presented before them.

The question of what to do with Dean Del Mastro continued to play out yesterday as the Liberals tried to get the Ethics committee to reconvene to hear from him, while the NDP decided to quash that idea (apparently it’s too much of a circus for the likes of serial name-caller Charlie Angus), but they instead want Rob Nicholson to refer the case to the Director of Public Prosecutions – even though it’s not actually his job to investigate things. But hey, details, right?

Here are three things that Julian Fantino needs to know about CIDA as he takes over the portfolio. Fantino, meanwhile, gives a bit of a slap to his predecessor when he pledges to bring “fiscal discipline” to the department.

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Roundup: Quiet backtracking on refugee healthcare

It seems that the federal government has quietly backtracked on some of the changes it’s making to providing health care for refugees. In particular, ministerial instructions went up on the department website which said that government-assisted refugees would continue to receive benefits, which was not the case in the lead-up to the passage of the budget implementation bill. Of course, some of the rollbacks will continue, but they won’t be quite as draconian as previously announced.

The NDP want an explanation from the outgoing Commissioner of Elections as to why he stepped down in the middle of the robo-calls investigation (never mind that his plans had been in the works for months and months).

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Roundup: Moral victory at report stage

After 22 hours of solid votes, the omnibus budget bill has passed Report Stage. There were no amendments passed, but the opposition still claims moral victory, and they did turn the public’s attention to the bill, which really was the whole point. The question remains, of course, whether the public will still care by September, let alone by 2015?

The Supreme Court has set a date of July 10th to hear the Etobicoke Centre appeal. Looks like Ted Opitz isn’t going to get the summer barbecue circuit after all (not that he isn’t being given an inordinate amount of Members’ Statements and backbench suck-up questions in QP at the moment).

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Roundup: Up to 579 consecutive votes upcoming

While you’re enjoying your weekend, give pause for the poor clerks in the Commons spending their weekends preparing for report stage voting for the omnibus budget bill. You see, the Bloc has some 22 substantive amendments, Elizabeth May has some 330 amendments tabled, and of the 503 deletion amendments the Liberals submitted and the 506 that the NDP did, well, there’s a lot to go through. Peter Van Loan says that 579 of those don’t overlap, but we need to see how those amendments will be grouped together before the marathon of votes begins sometime next week.

There are new concerns around what happened in that senior’s residence poll in Etobicoke Centre in the last election, as a third version of events surfaces.

The CBC takes a look at the weakening of civilian oversight and the increasing influence of lobbyists with military procurement – especially when it comes to the F-35s.

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QP: Doing the most in the Dominion

With Stephen Harper off in London to celebrate Her Majesty’s Diamond Jubilee this week, it was up to Jason Kenney to hold the fort in the Commons today as designated back-up PM du jour, a post that will rotate through the front bench all week. Thomas Mulcair, back from his Alberta adventure, was up first in Question Period, and asked why the government was outsourcing its smokestack monitoring to the US Environmental Protection Agency. Kenney replied that they were doing more about air quality “than any other government in the Dominion,” and wondered why the NDP hated Barack Obama. (In the Dominion? Don’t let the Vorta hear that, or they’ll send the Jem’Hadar after you. Oh, I kid). When Mulcair made a dig about Conservative caucus members believing that volcanoes caused climate change, Kenney retorted that the only thing volcanic was Mulcair’s temper. Megan Leslie was up next asking about scrutiny of environmental changes in the omnibus budget bill, but Peter Kent worried that she wasn’t paying attention to all of the great things his government was doing for the environment, like regulations and national parks. Bob Rae was up and gave mention to the “Blackout, speak out” event on the Internet today, and worried about the government’s culture of intimidation. Kenney, in turn, implied that Rae was somehow intimidating his own party. As a final question, Rae extended the culture of intimidation question to the calls being made in Etobicoke Centre over the weekend and the attack on the judicial process therein. Kenney declared that Borys Wrzesnewskyj had no shame, as he was busy fundraising, and then brought up AdScam. Seriously.

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Roundup: False plots to take away votes

There is no set by-election in Etobicoke Centre yet – in fact, the Supreme Court has not yet decided if they will hear the appeal – and the ground war in that riding is already heating up. The Conservatives have been calling voters to warn them that the Liberals were plotting to “overthrow” their votes, and that their votes would be “taken away” by the court decision. Which is a complete distortion, but all’s fair in war and politics, or something like that. Not that the Liberals haven’t started fundraising in preparation for the by-election there either, though not using such patently false claims it should be noted.

Thomas Mulcair blames Stephen Harper for east-west divisions, not his own comments. Shocking, I know. Meanwhile, Saskatchewan premier Brad Wall has some concerns over the “Dutch disease” comments, as does Dalton McGuinty. McGuinty says that the high dollar does pose challenges for the manufacturing sector, but it’s not “Dutch disease,” which really, when you actually weigh what’s going on, is more the case.

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Roundup: Back-to-work bill on track for tonight

Expect today to be taken up with the back-to-work legislation around the CP Rail strike. Because of the way things are laid out procedurally, the vote on time allocation will take place this evening, at which point the bill will take precedence over everything and debate and votes – limited to a couple of hours – will go into the evening. It should be noted that the bill is far more fair and even-handed than previous examples under this government, according to many, though it’s still derided as an attack on the rights of workers.

As Thomas Mulcair prepares for his trip to Alberta – and Fort McMurray in particular – he’s toning down his language somewhat, while his critics out there are sharpening their own words.

Ted Opitz has appealed the overturning of the Etobicoke Centre election results to the Supreme Court at the last minute, but hasn’t exactly been clear on the grounds for the appeal. The Supreme Court is supposed to hear this without delay, and render a quick judgement, per the Elections Act.

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