Tag Archives: First Nations

QP: Not taking yes for an answer

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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

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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

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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.

https://twitter.com/InklessPW/status/963132017066913792

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Roundup: Fallout from the Stanley decision

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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.

https://twitter.com/michaelplaxton/status/962195300721967104

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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Roundup: Demanding Trudeau take a stand…on a press release

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We’re barely a couple of days into the “trade war” between BC and Alberta, and already the rhetoric has cranked the ridiculousness up to eleven. While Trudeau has tried to calm nerves and insist that he and his officials are speaking to the premiers involved and their officials, you have Andrew Scheer going before the microphones to demand that the PM cancel his trip to the United States to deal with this escalating crisis (err, thus far a press release has been issued by BC – that’s it), and Jagmeet Singh is lamenting that Trudeau isn’t showing enough leadership. One remains curious about what kind of “leadership” Trudeau should be showing on this, given that he has declared that the pipeline will get built because it’s in the national interest (and even went so far as to deploy anonymous senior government sources to assure the media that yes, they won’t allow any province to impinge on federal jurisdiction). And you know that if Trudeau did actually cancel his US trip that the Conservatives would pillory him for not taking NAFTA renegotiations seriously enough. It was also pointed out yesterday that when Christy Clark tried to impose conditions on pipelines, the previous government pretty much let her go ahead with it with very few complaints, so their insistence that Trudeau escalate this to what one presumes to be the use of federal disallowance powers is curious in the extreme.

Meanwhile, the pundits are weighing in. Chantal Hébert notes that Trudeau lacks any kind of constitutional mechanism to force a timeout between the premiers. Andrew Leach reminds us that the only reason Alberta got the approval for the pipelines was because they did the hard work of getting a credible environmental regime in place beforehand. Jen Gerson argues that Trudeau’s job is to avoid these kinds of interprovincial disputes, and that Notley’s real goal with the wine blockade is to pressure Trudeau. Colby Cosh says that the wine blockade was a predictable turn of events given Notley’s flirting with craft beer protectionism already.

https://twitter.com/HeatherBlacket1/status/961252347266650113

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Roundup: Reheated economic policy

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Andrew Scheer came out with his first economic policy plank yesterday, and it was pretty much a tepid reheated policy of the Harper era that plans to be packed into a private members’ bill at some point this parliament. The idea is a “tax credit” for parental EI benefits – because Harper-era Conservatives loved nothing more than tax credits, and tax credits are the loophole in private members’ bills that let them spend money without actually spending money, because the rationale is that they’re reducing income rather than raising revenue, but if I had my druthers, I would see that loophole closed because a tax expenditure impacts the treasury just as much as an actual spending programme does. Add to that, tax credits are generally not tracked by the Department of Finance, so their ongoing impact is not reported to Parliament, nor is their effectiveness really tracked either – and yes, there is an Auditor General’s report from a couple of years ago that states this very problem with them.

https://twitter.com/InklessPW/status/959085766029713408

And add to that, this announcement is yet another sop to the suburban family voter that the Conservatives want to try to recapture from the Liberals. Of course, like most of the plans of the Harper era, the tax credit structure doesn’t actually help a lot of the families who need it, and the benefits tend to go towards those who make more money in the first place, which one suspects is why the Liberals’ Canada Child Benefit was seen as a more advantageous plan to that same voting demographic that Scheer wants to target. And don’t take my word for it – here’s Kevin Milligan and Jennifer Robson to walk you through why this isn’t a well though-out plan from an economic or policy standpoint.

https://twitter.com/kevinmilligan/status/959082561090670592

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https://twitter.com/kevinmilligan/status/959088530117967872

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QP: Emerging from the fog of repayment demands

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Thursday, and with the PM off to Edmonton, and Andrew Scheer giving his first major economic policy plank in a nearby hotel, it was a bit odd that Scheer didn’t bother to show up since he was in town. Alain Rayes led off, reading some heroic praise about how the Conservatives insisted the prime minister be investigated for his vacation, and demanded repayment for it. Once again. Bardish Chagger dutifully stood up to read the approved talking points about the PM taking responsibility and making changes going forward. Rayes tried again, got the same answer, and on his third attempt, Rayes tried in vain to link it to previous repayments, and Chagger reiterated her points a third time. Candice Bergen got up to try the same again in English, and with added indignation, and Chagger added praise for the PM’s town hall in her talking points. Bergen tried another tortured analogy with Trudeau saying that harassment codes apply to him so why not repayment, and while Chagger reiterated her previous points. Guy Caron led off for the NDP, noting how much other countries have recovered from the Panama Papers, while Diane Lebouthillier responded that they were investigating. Caron raised the bonuses that CRA executives were getting, but Lebouthillier stuck with stats on how combatting evasion. Ruth Ellen Brosseau stood up to sound the alarm about investment funds being involved with the Infrastructure Bank. Marc Garneau praised the fact that the Bank was now in operation and had a diverse board, and after another round of the same in French, Garneau responded in English about what a great optional tool the Bank could be for communities. Continue reading →

Roundup: On leaders, interim or “parliamentary”

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In the wake of the Patrick Brown resignation, the Ontario PC caucus gathered behind closed doors to name Vic Fedeli as their “parliamentary leader,” a term that irks me to no end. Fedeli came out and called himself “party leader” rather than “interim” or “parliamentary,” clearly signalling that he wanted this to be permanent going into the election, but within hours, the party insisted that they would indeed hold a full leadership contest to be concluded by March 31st, where the party membership would vote on a leader (and yes, Fedeli will be running while still acting as the interim/“parliamentary” leader).

The adoption of the term “parliamentary leader” is recent, and as far as I know was only first used by the NDP to give a name to what Guy Caron is doing as Jagmeet Singh’s proxy inside the Commons while Singh refuses to get his own seat, and generally avoids being in Ottawa as much as possible. Caron is left to be the de facto leader, even going so far as to make key decisions around staffing in the leader’s office in Ottawa, which would seem to make him de jure leader as well and Singh to be some kind of figurehead, wandering the land. But why it’s offensive as a concept is because it attempts to normalize this notion that the leader isn’t in the parliamentary caucus – something that is an affront to our Westminster system. The Ontario PC party using this term both affirms the use of this term, and opens up the notion of a similar arrangement where a new leader could be chosen by the membership while not having a seat, further taking us down this road to debasing our system.

https://twitter.com/mikepmoffatt/status/956958255129006081

Mike Moffatt, meanwhile, has the right idea – all leaders should be considered “interim,” because they should be able to be removed at a moment’s notice by the caucus (given that the caucus should select the leader, and that the leader should live in fear of the caucus). What happens instead with electing leaders by the membership is that they feel they have a sense of “democratic legitimacy,” which they feel insulates them from accountability, and they wield their imagined authority over the caucus, meaning that it’s the caucus who has to fear the leader instead of the other way around – especially if the rules persist that the leader signs their nomination papers. That’s not the way our system was designed to function, and it’s caused great damage to our system, and it gets worse as time goes on, with each iteration trying to turn it more and more into a quasi-presidential primary. The way the Ontario PC party has had to deal with this Patrick Brown situation within the context of their bastardized rules (and fetishizing the 200,000 members signed up in their last leadership contest, the bulk of them by Brown and his team) is utterly debasing to Westminster parliaments. More than anything, the events of the past week should be an object lesson in why we should restore caucus selection, should anyone be listening.

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Roundup: Hehr out of cabinet

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In the hours that the drama around Patrick Brown was playing out, another accusation was levelled over Twitter, this time around Liberal cabinet minister Kent Hehr, which seems mostly to involve lewd suggestions he made to female staffers in private during his time as an MLA in Alberta. When news of that reached Davos, Justin Trudeau said he would follow-up and have an answer before they left the country. And just before the plane took off, we had our answer – Hehr had tendered his resignation from cabinet, and during his “leave of absence,” Kirsty Duncan would take over his responsibilities while an investigation was carried out. Hehr remains in caucus, no doubt pending the results of that investigation. Maclean’s spoke with Hehr’s accuser here.

Politically, it’s fraught for Trudeau given that both of his Calgary MPs – both of them veterans of the Alberta Liberal Party – have been taken down by allegations of sexual misconduct. And in a related story, the investigation promised into Kang’s actions has not contacted one of his accusers, however many months later, and that goes for both federal and provincial investigations.

Speaking of Brown, here’s a detailed look at how Wednesday night played out, and some further conversations with his accusers. One of Brown’s (former) deputy leaders called the incident a “hiccup,” and later had to apologize for it.

Meanwhile, Supriya Dwivedi talks about politics’ #metoo moment, and the fact that the Bro Code is breaking down, while Aaron Wherry talks about how #metoo has arrived on Parliament Hill. Chris Selley looks at the path ahead for the Ontario PC party in Brown’s demise, and it’s a messy path given the rules in the party’s constitution, with just four months to go before the election.

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Roundup: Baillie and Brown gone

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While provincial politics are not my bailiwick, we had a couple of very big developments in two different provinces yesterday. The first was that Jamie Baillie, leader of the PC party in Nova Scotia, was forced out over sexual harassment allegations that came out after an independent investigation, resigning his seat immediately. And in Ontario, graphic sexual harassment allegations were made against PC leader Patrick Brown dating back to his days as an federal MP, and Brown called an emergency press conference to deny the allegations, but was quickly met with a string of staff resignations, plus calls from his own caucus to resign (while federal leader Andrew Scheer slightly underbussed him, without actually coming out to actually say so). Around 1:30 AM, Brown offered his resignation as leader (but not as MPP).

https://twitter.com/avelshi/status/956359197330890752

https://twitter.com/btaplatt/status/956362961446232065

Part of what interests me in this is less the day of reckoning for sexual misconduct, but yes, that is happening, and perhaps now those smirking Conservatives who insist that the Liberals are the party of sexual harassers, owing to the fact that they’ve ousted theirs rather than swept it under the rug, will see that this is very much not the case. Rather, it’s the mechanisms in each party around what happened. With Nova Scotia, the party ousted the leader (who, admittedly, had already announced his intention to resign but planned to stay on until a successor was chosen; he is now out completely). In Ontario, their provincial party constitution doesn’t give them that option. And this really boils down to the way in which we have moved to a system of “democratic” elected leadership contests rather than caucus selection, where leaders can be deposed and replaced in a single vote, and have that accountability mechanism be right there, at all times.

This will, no doubt, renew calls for “formal mechanisms” in parties to depose leaders, and calls for more Michael Chong-esque “Reform Act” laws that will simply protect leaders by putting a high bar to depose them, rather than the current system, where shame and public pressure can force a resignation in a hurry once one or two caucus members go public. (In this, Paul Wells notes that politics is the “art of the possible”). None of this disguises the fact that the root cause remains the broken system of selection. We need to return to caucus selection if we want leaders who are afraid of their caucus, and not the other way around. Because we could see more of these kinds of incidents in the months to come, and the alternative is to have an endless series of interminable, expensive leadership contests where accountability remains out of reach.

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