Tag Archives: First Nations

Roundup: An errant tweet begets irresponsible reporting

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As I reserve the right to grouse about bad journalism, I’m going to call out a particularly egregious CBC article that appeared over the weekend about a deleted tweet about a judicial appointment, and the way in which the story was framed, being that said potential judge was a donor to the justice minister’s nomination campaign and later to the riding association. The fact that a tweet was made and quickly deleted because the appointment process was not completed is bad form, and embarrassing for the minister’s office, but it need not be a sign that there is anything improper going on if you look at the facts in their totality. But that’s not what happened. Instead, the article omitted any context about how the appointment process is made, framed it like the minister is appointing his donors out of patronage, and got quotes from the Ethics Commissioner to “prove” that the conflict of interest rules are too lax.

The minister does not get to appoint anyone he wants on his rolodex. I mean on paper he has that ability, and constitutionally it’s his responsibility, but in practice it’s not how it works. The judicial appointments process – and I have written extensively about this – starts with lawyers applying to Judicial Appointments Committees in provinces, who then vet them and those which are deemed “Recommended” and “Highly Recommended” are forwarded to the minister’s office. At that point, there is a political vetting process because the government is politically accountable for these appointments if they go bad, but this particular process has been routinely mischaracterised both by media and the opposition – so much so that they have dragged in others on this point. In this case, it is likely that the candidate in question had passed the JAC and was forwarded to the minister’s office as either Recommended or Highly Recommended, and it was in the process of the political vetting when the errant tweet was made, but by deliberately omitting the role of the JACs in these appointments, the CBC article deliberately created a false impression for the sake of building their narrative.

It’s a problem when the media refuses to report this particular situation properly, with context of how appointments work, because they are more interested in a narrative that there is either rampant patronage, or that any lawyer who wants to be a judge should never donate to any party ever for fear of somehow tainting themselves. Political donations are part of how our system works, and it’s not a sign that someone is either a rampant partisan, or that they are trying to buy a judgeship – as the CBC seems to be alleging – especially given the donation limits in this country. Whether that is because there is an element of American political envy here, where we want to feel like we have the same problem of money in politics like they do (seriously, we do not), or whether there is a particular streak of misplaced moralism, in either case the reporting is tainted, and it’s completely irresponsible.

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Roundup: Some of the misconceptions around C-10

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The other day, I made a somewhat snarky comment over Twitter in response to an op-ed in The Line, because people are still making stuff up about Bill C-10. Like, out of whole cloth, complete fiction, because they do not grasp the basic mechanics of regulation in this country.

So, with this in mind, here are a few reminders. Start by re-reading my piece in National Magazine about the bill. Individual content uploaders are not being regulated – only the platforms themselves. The CRTC is not going to takedown YouTube content, and it’s not going to regulate news. If it regulates Facebook, it’s not regulating the algorithm of timelines – it’s only regulating if Facebook is acting like a broadcaster of scripted content, or when they livestream baseball games (which they have done). The reason why YouTube as a platform, for example, is being targeted is because it is the largest music streaming platform in the world, and this is why they want to bring it into the ambit of CanCon regulations, governing both discoverability (so that the algorithm shows more Canadian artists in suggested playlists), and contributing financially to the system that helps provide grants and royalties for Canadian artists. People keep mentioning Instagram and TikTok, but they’re not really broadcasting platforms.

So how does the CRTC determine what counts as CanCon? Well, they have a formula that assigns points to it, and 6/10 or 8/10 points gets particular CanCon status. These are all determined by regulations under the Broadcasting Act. Remember that legislation is the framework and policy direction – the nitty-gritty rules get determined by regulation, and it follows a process of development that involves stakeholder engagement and consultation, and is done at the bureaucratic level. It’s not Cabinet pulling rules out of their asses, nor should it be. You don’t want Cabinet to be putting its thumb on the scale, which is why there is an arm’s length regulatory body, being the CRTC. And it’s not just the cabal of commissioners who are making these regulations either, in spite of what certain people are claiming.

https://twitter.com/G_Gallant/status/1395427604107300867

This brings me to my next point – the very notion that the CRTC is going to police the whole of social media is completely crackers on the face of it. They barely have enough resources to do their existing job (and if you listen to some of the reasoning around this week’s telecom decision, they seem to think they can’t handle doing the work of wholesale internet prices). If you think they’re going to somehow hire an army of bureaucrats to police your tweets, you should be certifiable.

Now, this isn’t to say that C-10 is without problems, because they are there. For one, the Broadcasting Act may be the wrong vehicle for this, as it was about regulating the limited bandwidth for TV and radio. It will be on platforms to adjust their algorithms to make CanCon more discoverable, which is going to be the high-level work, but there are particular concerns around meeting the objectives under the Act, which involve things like “safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada,” and whether these platforms will moderate content to try and fit those objectives, and that moderation will likely involve the use of AI, which is where we have particular concerns. And those are legitimate concerns, but they have nothing to do with the Orwellian picture being painted of moderated tweets, and newsfeeds being monkeyed with, or “takedown notices.” The level of complete hysteria around this bill, rooted in a complete ignorance of how regulatory bodies work – and a great deal of partisan disinformation – is making the debate around this bill utterly loony (at least in English Canada). Yes, it’s complicated, but don’t fall for easy narratives.

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QP: Confusing rapid and PCR tests

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For a Thursday with no ministers in the chamber, we had not one but two Liberals on the government benches — Mark Gerretsen, and Francis Drouin. Erin O’Toole led off, script on mini-lectern, and he complained there wasn’t a national rapid testing regime like Taiwan has, and then complained about the contract with Switch Health at the border. Patty Hajdu reminded him that he was conflating rapid tests – which they sent to provinces – with the PCR tests that Switch was contracted to perform at the border, and that if was worried about rapid tests, he should talk to premiers. O’Toole complained that Switch was missing its timelines in one in six cases, and 5000 cases that failed. Hajdu noted that those tests take longer because they’re PCR tests, and they were bringing on more corporate partners. O’Toole accused the government of changing the law rather than the company when it came to missing certain days, and Hajdu insisted this was incorrect, and that they were doing full due diligence to ensure travellers were protected. O’Toole then switched to French to repeat his first question, and Hajdu reiterate that O’Toole was conflating rapid tests with PCR tests, and that they are used differently. O’Toole then condemned the lack services in French at the border with Switch Health, and Hajdu agreed that this was essential, which is why Switch doubled their French capacity and they added another supplier.

Christine Normandin led for the Bloc, and she complained that the motion on Bill 96 didn’t pass, and wanted assurances that the province could use Section 45 of the constitution to make the changes — which is a trap. Mélanie Joly assured her that they were working to protect the French reality in Canada. Normandin assured her that this wasn’t a trap, and wanted those assurances, and Joly again would not give her the assurance she was looking for.

Jagmeet Singh led rose for the NDP in French, and he demanded the federal government stop banks from raising fees, for which Chrystia Freeland went into an assurance about the taxes on luxury goods. Singh repeated in English to add emphasis to the same question, and Freeland repeated the same talking points under the rubric of people paying their fair share.

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Roundup: Bloc motion denied by Wilson-Raybould

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The Bloc tried very hard yesterday to push a motion in the House of Commons that would essentially declare that the Commons agreed with Quebec’s Bill 96, thus trying to politically disarm any of the objections to the plans to unilaterally amend the constitution to insert clauses on Quebec being a “nation” and that its only language was French. They were thwarted by Jody Wilson-Raybould, who was the only one to deny them unanimous consent – as well she should, because everyone is trying to be too-clever-by-half on this whole thing, and that’s bound to wind up in tears at some point down the road.

Paul Wells explained some of this earlier in the week in his lengthy column on Trudeau’s quest for Quebec votes, and essentially Trudeau was saying that sure, Quebec could move this unilateral move to the constitution if it didn’t impact on other rights, which is the real trick – the whole point of Bill 96 is to weaken the rights of anglophones in the province, up to and including taking away their constitutional guarantee to be able to hear a trial in English. Jagmeet Singh similarly tried the same tactic in saying that the proposed constitutional changes are “symbolic,” and won’t impact anyone outside of Quebec (never mind that they will impact anglophones in the province). Everyone seems to think they’re clever and that there will be no long-term repercussions from this, because they all want to get on François Legault’s good side before the next election, whenever that happens, because he’s still wildly popular in the province (almost disconcertingly so). This is hardly a serious way to run a country.

Meanwhile, here’s Thomas Mulcair, a veteran of the linguistic wars in Quebec, explaining why Bill 96 is really a sneak attack on the linguistic rights that he spent his career fighting for, and it’s well worth your time to read, because it has some additional context on what the current provincial government has been up to leading up to this point.

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Roundup: Getting called out by your deputy minister

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This government’s problems with cleaning up the culture of sexual misconduct in the military continues to roll along, and the calls are definitely coming from inside the house. In the latest installment, the deputy minister of National Defence has taken to the radio waves to point out that the government didn’t make an effort to push the military on implementing the Deschamps Report, who wound up treating it like a kind of checklist that they could do the bare minimum with rather than actually implementing the systemic changes that it called for. This shouldn’t be a surprise, given everything we know, but the fact that the deputy minister is saying this is damning.

We also got another harrowing tale of harassment, and retribution when the civilian employee who was subjected to it complained. This isn’t a surprise given the culture, and as the piece points out, one of the reasons she was targeted is because she upset the status quo – which is part of why the military made a conscious effort not to really implement the Deschamps Report, because it called for systemic changes, and that is a definite upset of the status quo. That the government didn’t really recognize this or push back against it is an indictment.

Which brings me back to the key point – that the government, and in particular the minister, needs to wear this. The deputy minister called him out. That’s not good. And part of the problem is also that Sajjan was part of that culture, which is may explain why he was either blind to the problems, or was fine with not actually bothered that they weren’t upsetting the status quo. It’s one of the reasons why actual civilian control of the military is so important, and we haven’t had that under Sajjan. Regardless, this is his problem to wear, and he needs to take actual ministerial responsibility, and offer his resignation. There is no other option.

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QP: Beware Big Arts and Culture

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For the prime minister’s first appearance of the week, he had only Mark Gerretsen on the benches to keep him company (though Francis Drouin arrived after the PM left when the leader’s round ended). Erin O’Toole led off, script on mini-lectern, and he wondered if the government filing an amicus briefing in American courts mere hours before the threatened closure of Line 5 was an admission of failure of diplomacy — not that the Michigan governor has the power or authority to shut down the pipeline. Justin Trudeau replied that they filed the brief and are continuing to engage and encouraging mediation between the parties involved. O’Toole asked the same question in French, got the same answer, and then he asked why Trudeau personally approved a raise for General Vance if his office was investigating him for sexual harassment, and Trudeau stated that his office did not investigate, but that was PCO, as political offices should never conduct investigations, before he gave some usual bromides about supporting men and women in uniform. O’Toole related the question in English, got the same answer, and then insisted that he caught out Trudeau in a lie, stating that Katie Telford was apparently “investigating” when she sought assurances the allegations didn’t pertain to a safety issue, but Trudeau shrugged off the allegation and repeated his usual assurances of taking all allegations seriously and following the same process the Conservatives did in 2015.

Yves-François Blanchet rose for the Bloc, and he groused about time allocation on C-19, insinuating that the prime minister wanted an election in a pandemic. Trudeau disputed that, stating that he doesn’t want one, but the Bloc and Conservatives obviously do because they voted against a confidence issue. Blanchet said he wasn’t afraid of an election but didn’t want one, and repeated the allegation, and Trudeau considered this far-fetched, but they need to be prepared in a hung parliament for a possible election, since the opposition apparently wants one.

Jagmeet Singh led for the NDP, and accused the government of sending the military to spy on Black Lives Matters protests, and Trudeau agreed that the reports were concerning and he was looking into them. Singh repeated the same question in French, as though Trudeau didn’t just deny involvement, and Trudeau repeated his same response. 

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QP: The repetitive hyperbole around C-10

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On a gloomy day in the nation’s capital, Prime Minister Justin Trudeau was present in the Chamber for this proto-PMQ exercise, with only his steady side-kick, Mark Gerretsen, in the otherwise empty benches behind him. Erin O’Toole led off, script before him, and he conflated the allegations against General Vance with the Special Forces commander who wrote a glowing letter of recommendation for a soldier who was convicted of sexual assault. Trudeau responded by reading a list of actions they are taking to combat sexual misconduct in the military. O’Toole tried to find out what the advice was given when Vance was given an extension to his contract and a raise, Trudeau read a laundry list of actions being taken to combat gender-based violence. O’Toole was not mollified and demanded an answer, but Trudeau stuck to generalities about providing safe spaces for victims. O’Toole switched to French to repeat his first question and the disingenuous conflation of the cases, for which Trudeau read the French script for the list of actions taken to combat sexual misconduct in the military. O’Toole then complained about the silence when victims come forward, and wanted to know who would be held to account. Trudeau, without script, spoke about the appointment of former justice Louise Arbour as a step in changing the culture of the military.

Yves-François Blanchet rose for the Bloc, and raised the case of a victim of CERB fraud where he lost his GST reimbursement and was asked to pay $3000 in taxes, and Trudeau read that they have given resources to combat CERB fraud and to support victims, who were not to be held responsible for the sums. Blanchet said these words for cold comfort, and Trudeau repeated that victims were not to be held responsible. 

Jagmeet Singh led for the NDP, and in French, wondered why the government didn’t create the independent centre for sexual misconduct complaints for the military as the Deschamps Report called for. Trudeau read some generalities about the work of changing the culture in the military. Singh switched to English to repeat the demand, citing that the figures work out to three allegations per week. Trudeau repeated his answer in English.

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QP: Hypocrisy and expletives

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On a rainy Monday in the nation’s capital, and at the start of a fourth consecutive week of sittings where tempers were getting frayed, there as once again only a single Liberal MP in the Chamber — Mark Gerretsen, of course. Candice Bergen off by video, and she groused that the defence committee meeting was cancelled this morning, alleging a cover-up, then said that the prime minister wouldn’t answer if he would have dismissed General Vance if he knew the nature of the allegations facing him. Harjit Sajjan noted that he appeared at the committee for six hours, and that they also heard from Stephen Harper’s chief of staff about what happened in 2015 when they appointed Vance while he was still under active investigation. Bergen accused the prime minster of not taking the allegations against Vance seriously because of the groping allegations levelled against him around the same time, and Sajjan instead raised that when the investigation against Vance was dropped on 2015, it was because of “pressure” and we wondered who was applying it. Bergen then tried to bring in what the prime minister’s chief of staff knew, for which Sajjan repeated that they knew about rumours against Vance and still appointed him anyway. Gérard Deltell returned to the issue of the defence committee cancelling its meeting this morning, crying that there was a cover up, for which committee chair Karen McCrimmon stated that they were developing recommendations, and there would be another meeting later in the week. Deltell then asked if PMO emails raised the possibility it was an issue of sexual harassment, why they did nothing about it. Sajjan repeated that the leader of the opposition knew of a rumour of misconduct and the Conservatives still appointed Vance while he was under active investigation. 

Alain Therrien led off for the Bloc, staying on the topic of the Vance allegations and accused Sajjan of contributing to the culture of silence in the military, and Sajjan recited this lines about taking the proper steps and alerting PMO. Therrien raised the appointment of Louise Arbour, while Sajjan insisted that politicians should not involve themselves in investigations. 

Rachel Blaney led for the NDP, and she too demanded action on the Arbour appointment over action, to which Sajjan repeated again that they are taking actions, including the appointment of a new officer in charge of culture in the military. Lindsay Mathyssen demanded that the recommendations of the Deschamps Report be implemented immediately, and Sajjan said that changing institutional culture is complex.

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QP: Believing a phone call could solve it

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On a fairly lovely day in the nation’s capital, the prime minister was present in the House of Commons, with the usual Liberal in attendance, Mark Gerretsen, a couple of rows behind him amid otherwise empty benches.  Erin O’Toole led off in person and in French for a change, and he listed the people who knew about the allegations against General Jonathan Vance, and whether he knew. Justin Trudeau said that they knew there was an allegation but were not privy to details. O’Toole tried again in English, and Trudeau repeated the answer before he embellished with the talking point that when O’Toole himself heard a rumour of allegations against Vance, his staff went to Privy Council Office, and the same process had been followed, while the current government had done more about changing the culture in the armed forces. O’Toole tried yet again, insisting that emails showed that the phrase sexual harassment was used, and Trudeau more forcefully insisted that they did try to investigate but could not go further which was why they were putting more measures into place. O’Toole tried yet again, with more bluster, for which Trudeau started sermonising about doing more for women and marginalised people in the military.

Yves-François Blanchet rose for the Bloc, and insisted that the prime minster could have personally picked up the phone and stopped the Port of Montreal strike, for which Trudeau insisted that if the Bloc wanted to take action on behalf of Quebeckers, and pass the bill so that they can set up a neutral mediation process. Blanchet again insisted that the prime minister needed to pick up the phone, and Trudeau stated that they tried negotiating for two-and-a-half years, and it was for naught, and he demanded support for the bill.

Jagmeet Singh was up next for the NDP, and in French, he demanded the government withdraw the back-to-work legislation for the Port of Montreal, and Trudeau insisted that they did try negotiations, and that this bill would not impose a contract but rather neutral mediation. Singh then switched to English to demand the government improve the federal sickness benefit — oblivious to what that entails — and Trudeau reminded him that the best leave is the one from employers and that the NDP voted against them implementing it for federally-regulated sectors.

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Roundup: Ontario requests military assistance

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We have reached the point in Ontario where things are so bad with the pandemic that the province has requested military assistance, and arrangements have been made for three medical assistance teams to be dispatched by today, along with other Red Cross personnel. As well, nine healthcare professionals from Newfoundland and Labrador, including the premier’s wife, are also being flown to Ontario by means of military transport.

But what is Doug Ford and his murderclown regime doing to help the situation? Absolutely nothing! They voted against another attempt at getting paid sick leave implemented, and they are keeping their focus solely on the border, rather than their need to enforce quarantine measures locally. (Oh, and it’s not just Ford balking at paid sick leave – every premier is doing it, even those in the Maritimes who have had relative success in containing the virus so far).

https://twitter.com/robert_hiltz/status/1386359274415214598

Meanwhile, there is a bit of good news in that a Federal Court judge refused to grant an injunction to end the hotel quarantine programme, saying it will go to a full hearing in June, and saying that the infringements on freedoms are reasonable in the public health context. Granted, we have enough people who can’t seem to pick a lane between demanding stricter border measures while also demanding an end to hotel quarantines, but since when has consistency been the strong point of political parties or MPs?

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