Tag Archives: Euthanasia

Roundup: Some answers on the Senate question

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That Senate bat-signal? It came with air raid sirens today. To recap, the government named Senator George Furey as the new Senate Speaker, which was a positive step, then they handed down their plan for their new appointment process, and amidst this all, Conservative Senator Jacques Demers quit caucus to sit as an independent. So where to begin? Well, with Furey’s appointment, it lays to rest issues around whether the government would ignore their obligation to make the appointment, and to the questions of what to do with Housakos after the allegations of his breaching senators’ privilege with the AG leaks. Senator Elaine McCoy was disappointed that Senators couldn’t choose their own Speaker, but I’m not sure she’s aware that it would require a constitutional amendment for that to happen (but one with a minor amending formula, granted). And then there the appointment panel – it’s designed much like the Vice-Regal Appointments Commission, with three permanent federal members and two ad hoc members per province with a vacancy, and they will draw up a short list for each vacancy for the Prime Minister to choose from. It’s constitutional and creates the atmosphere for the Senate to change from within, based on the recommendations from Emmett Macfarlane. The plan is to draw up a temporary process to name five Senators quickly in the New Year (two each for Manitoba and Ontario plus one for Quebec, where the representation levels are getting low), and the permanent process will then take over and fill the remaining vacancies, plus new ones as they happen. The plan is also that the provincial will give input on the appointment of board members from their province (though the federal government will appoint them for the temporary process). Christie Clark said that she’s not interested in participating, which is fine – the government can appoint BC representatives for the committee without her government’s input, and the same with Brad Wall if he joins her obstinacy. It was also announced that one of those five first appointments will be named the government leader in the Senate, but that they won’t be in cabinet and will be more of an administrator or a legislative coordinator, thus impacting on the accountability aspect (which I will write about in a future piece). It does provide a bit more clarity, however, but much remains to be worked out. As for Demers, I have little sympathy for his whinging that he didn’t want to vote on certain bills when he was in caucus, but he did it out of loyalty “to the team,” and to Harper. He had a choice. He singled out Bill C-377, which four other of his colleagues either voted against or abstained on in the final vote when they found the intestinal fortitude to do so. He could have joined them but chose not to, and only now leaves once Harper is gone. He’s a grown-up and had choices all this time.

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Roundup: Action on assisted dying

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We’re now less than a week away from the opening of Parliament, and there’s a lot for the Liberals to do. One of those things is deciding what to do about the assisted dying file, and it looks like the Liberals have planned to strike a special joint committee of MPs and senators to quickly examine the issue and provide some legislative recommendations to the government. Remember that the deadline the Supreme Court gave the government is February 6th, and they haven’t decided if they will as the Court for an extension – one they may not be granted, and one where that extension will be a burden to those on the ground who may actually need the law in a timely fashion. There are a couple of reasons why the inclusion of senators in the process is noteworthy – one is that it can help to speed up the process of passing the inevitable legislation, because it can be like a bit of pre-study, getting them involved earlier in the process in order to speed up their own deliberations on the bill when it arrives. The other reason is that the Senate was debating a bill on doctor-assisted dying in the last parliament, which had been sponsored by Conservative Senator Nancy Ruth, based on her consultations with former MP Stephen Fletcher, and had workable solutions to some of the issues raised in protecting the vulnerable. That bill was debated over several days at second reading, but never was voted on to send to committee, likely because of some foot-dragging, but that debate happened, and those same senators are still there. If it’s something that can help speed the process, it’s not a bad idea that they’re in the loop and participating in solving the problem, which could potentially get legislation in the system before that Supreme Court deadline, and with a little luck, they won’t need to ask for an extension.

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Roundup: Alberta and the first ministers

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The talk of the week will fall into two categories – climate change, and refugees, but for today, climate change is going to be the big topic of discussion, given Alberta unveiling their momentous climate change plans yesterday, followed by the First Ministers Meeting on the subject today. Alberta’s plan is ambitious and courageous – carbon pricing that matches BC’s by 2018, phasing out coal-fired electricity (the vast majority of the province’s grid) by 2030, absolute emissions caps on the oilsands that are a little higher than where they stand today – and lo and behold, the energy sector didn’t freak out, but rather embraced the changes (given that they’ve been demanding a price on carbon for years anyway). In fact, there was commentary that these kinds of changes may be necessary in order to allow them to grow (though if the idea is the gradual phase-out of fossil fuels entirely, I guess we’ll see how that goes). And with this new plan in place, Alberta premier Rachel Notley can come to that First Ministers meeting later today and have something to put on the table, which may indeed help to put pressure on other lagging provinces to start making changes they may be hesitating to do. Jason Markusoff has more on the Alberta plan, and the questions that it raises.

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Roundup: Concern trolling on bombers and refugees

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In the wake of Friday’s attacks in Paris, and Trudeau’s trip to the G20 in Turkey, we seem to have been inundated with a whole lot of calls to carry on the bombing mission in Iraq and Syria, coupled with all manner of concern trolling from Conservative MPs and others to slow down on the refugee pledges for “security screening,” never mind that there have yet to be any verifiable links between the attackers and any actual refugees from the region. (Most of what we’ve heard has been about homegrown attackers, along with a couple of passports of dubious authenticity). Michael Petrou makes the case that keeping up the fight against ISIS with the bombing mission is evidence-based policy (plus has a video of Syrian refugees in France here), while Terry Milewski gives a look at what the mission has accomplished to date, and notes Canada’s participation in some recent victories in the region. Wesley Wark says that the aftermath of Paris shows that Canada needs to up its intelligence game. After sparring with Jason Kenney over the Twitter Machine, Paul Wells lays the smackdown on Conservatives doing backseat ministering without actually looking critically at their own policy – which is still being enacted in the region – while they second-guess what the voters decided pretty clearly on October 19th. (And it’s an amazing piece that you really must read).

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Roundup: Assisted dying heating up

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The issue of doctor-assisted dying is heating up the closer we get to Trudeau and cabinet being sworn in, seeing as there’s a looming February deadline on the horizon. Trudeau signalled that he plans to ask the Supreme Court for an extension to their decision to strike the existing laws down, but that too poses its own challenges. The federal government had initially asked the Court for eighteen months, and they gave them twelve, at which point the government sat on it for several months before creating what looked to be a stacked advisory committee to study the issue. That committee is also in the crosshairs, as advocacy groups say that it should be abolished because of its stacked nature. The chair of said committee said that its members’ former positions against assisted dying are no longer relevant because the Court has ruled and they now have to come up with a system that will work to protect the vulnerable while enabling those Canadians who wish to die with dignity to do so on their own terms. It certainly couldn’t hurt Trudeau to let them report and see what they have to say, and then choose to accept or disregard it at that time. The very fact that he’s now forming government should also be a signal that he expects this consultative process to be something other that the one the government engaged in around the prostitution question, in that he is not expecting them to give one response in particular but to have a more thoughtful result in the end. I guess we’ll see. Meanwhile, advocates of religious communities came out against assisted dying again, insisting instead on more resources for palliative care, as though they were mutually exclusive, never mind that the Supreme Court has also made a clear ruling. (And one would think that if they allowed people who wanted to die on their own terms rather to do so, it would free up those resources that were otherwise needlessly prolonging their suffering that could be applied to palliative care, but maybe I’m wrong on that one).

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Roundup: Stacking the panel

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The government has unveiled how they’re going to respond to the Supreme Court’s ruling on doctor-assisted dying, and it could not be any more spineless if they tried. Having first ignored the issue in Parliament for decades, they waited for the courts to tell them to do something, and by something, they decided to appoint a three-person panel to hold more consultations and come up with recommendations. In other words, outsourcing their response. But wait – it gets better. Two of the three members of this panel are opponents to doctor-assisted dying, and testified on the government’s behalf during the court cases. The third member, a former Quebec cabinet minister, is vested in the issue of provincial jurisdiction. In other words, the government has decided on the outcome they want, and stacked the panel in such a way as to deliver it. We shouldn’t be surprised by this response, considering how closely it mirrors what happened with the Bedford decision on prostitution. Rather than actually heed the decision and what it said about safety and security for sex workers, the government stacked their consultations in favour of opponents and religious institutions, dismissed as much expert testimony as they could in committee hearings, and drafted a bill that substantively does not change the situation for those sex workers when it comes to their safety, and will in fact just drive the industry further underground by criminalising buyers, and all the while touting that they were listening to the responses from their consultations. Watching them do the same with the assisted dying issue is proof positive that this is a government that refuses to make any hard decisions. (On a related note, here’s an interesting analysis of the Court’s decision in the case from Michael Plaxton and Carissima Mathen).

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Roundup: The Senate should strangle Chong’s bill

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There has been a sudden flurry of concern regarding the state of Michael Chong’s Reform Act, currently in the Senate, because the bill is likely to die there. In fact, if there were any sense in the world, it would, but not before the pundit class starts wailing and gnashing their teeth about how terrible it is that the unelected Senate would defeat a wildly popular bill from the Commons. Of course, that’s immediately where my head hits the desk, because that’s exactly why we have the Senate we do – because sometimes MPs overwhelmingly vote in dumb things, and cooler heads in the Senate can talk them down and defeat them without fear of electoral repercussion. You know, sober second thought, the raison d’etre of the Upper Chamber. And let’s face it – the Reform Act is a spectacularly terrible bill that will undermine Responsible Government and our system of Westminster-style democracy pretty much permanently. And if you think the gong show that just happened with the leadership review in Manitoba was an exception, well, Chong’s bill would see to it that those become somewhat more the norm across the country. The bill will do nothing to “empower” MPs. It will do the opposite by disincentivising them from rebelling against their leaders, as has successfully overturned bad leaders in many instances (most recently Alison Redford comes to mind). What will empower MPs is for them to actually stiffen their spines and do their jobs, because they have all the power that they need already – a lesson that Senator Fraser reiterated in her speech against Chong’s bill. But contrary to Andrew Coyne’s assertion, the Conservative leadership in the Senate has been inclined to pass the bill, but there are a number of Conservative senators who have wised up to the fact that the bill is terrible and they would do well to kill it in one way or another. Other senators are keenly aware that even MPs who voted for the bill know it’s terrible but didn’t think they could be seen to vote against it, so they sent it to the Senate, where it could be killed there, and they could use it as political cover (and denounce those terrible, awfully, unelected and unaccountable senators for killing a bill that passed the Commons even though MPs knew it was terrible). The “pass it off to the other chamber” game is not a new phenomenon (second only to “let’s pass it off to the Supreme Court”), but it’s another sign of how spineless MPs have become. Not that Chong’s bill would do anything about that spinelessness, ironically. Instead, it looks like it will be up to the Senate to save MPs from themselves yet again, and MPs won’t learn their lessons about taking their responsibilities seriously.

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Roundup: The Senate invokes privilege

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In his attempt to cast the net far and wide in order to excuse Mike Duffy’s housing claims, it seems that Donald Bayne is trying to show that plenty of other senators were improperly claiming for Ottawa residences, and is trying to compel the release of an internal Senate audit conducted in 2012, where two Senators – retired Senator Zimmer and Senator Patterson – were found to have questionable claims which they later explained away. The Senate, however, is invoking privilege and refusing to turn it over, which is their constitutional right. They are under no obligation to help Duffy’s defence, after all, and as a legislative body they have the right to conduct their own affairs. And before anyone starts getting hysterical, remember that privilege is all about the independence of the institution, and keeping the courts out of parliament so that it can do its job without the constant threat of litigation during the legislative process. Likewise, Parliament doesn’t get involved in individual court cases because that would interfere with the independence of the courts. Otherwise, Bayne tried to bring up Senator Carolyn Stewart Olsen yesterday who was part of the subcommittee that “sat in judgement” of Duffy when she was claiming her long-time Ottawa residence as secondary for two years while she was trying to sell it in order to fully move back to New Brunswick (this is the point where I mention that she shouldn’t have been appointed as a New Brunswick senator until she was fully moved back). Also, the Senate finance officer continued to be grilled, and continued to push back against Bayne, going so far as to read more than the passages he indicated in order to provide context, which the judge allowed her to do. Nicholas Köhler paints that sketch with his usual aplomb.

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Roundup: Gearing up the political advertising

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As we move closer to an election, there is going to be a lot of talk about political ads. An awful lot of talk. One of those talks is going to be about third-party advertising, and how much we’ll see because the federal spending limits are low as to render them fairly marginal, not that it’s stopped groups like Unifor or the National Citizens Coalition from grousing that the limits are too small for them to be of any good. Curiously, Stephen Harper used to be against these kinds of limits but he’s been in power for nine years and has done nothing about it, but you’ll have to guess as to why he’s had such a change of heart. Another thing we’ll see more of are social media ads which are cheap to produce and distribute, and can be used to refine and retool until they are considered “ready” to go for a major national buy – assuming that they don’t already get “earned” attention from news outlets without them having to actually pay for them to get wide distribution. Of course, we can look forward to being bombarded by ads outside of the writ period over the summer, so we should all be thoroughly sick of it by the time the election rolls around in October.

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QP: National security and painting a bridge 

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Despite it being Wednesday, the Prime Minister was absent from QP, meeting with Bill Gates instead. So when Thomas Mulcair led off asking about how much time the public safety committee would get to study C-51, Stephen Blaney responded by hoping they wouldn’t engage in any dilatory actions at said committee. Mulcair wondered if the PM was trying to hide the bill from scrutiny, to which Blaney accused Mulcair of attacking the credibility of CSIS. Mulcair then listed instances of where the RCMP were in the wrong when he meant to give examples of where CSIS broke the law, before asking about the right of dissent in the bill. Mulcair then moved onto the issue of a Quebec City rail bridge, at which point Lisa Raitt reminded him of CN Rail’s responsibilities. Mulcair then moved onto the topic of a funding cut at Marine Atlantic, to which Raitt pointed out that they were returning to their base level of funding after years of increases for revitalisation. Justin Trudeau was up next, asking what the government intended to do on the doctor-assisted dying issue, to which Robert Goguen moaned about how emotional of an issue it was. Trudeau then moved onto the issue of Keystone XL, and if the PM would put a price on carbon to convince the Americans that we are serious about the climate issue. Greg Rickford gave a couple of non sequiturs to slam Trudeau, and insisted it was not an international issue but a domestic American one. Trudeau called it a diplomatic failure, to which Rickford listed off the size of our energy trade.

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