Tag Archives: François-Philippe Champagne

Roundup: Tribunal orders and judicial review

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This week, the Federal Court will hear the case of the federal government’s judicial review of the Canadian Human Rights Tribunal’s compensation order for First Nations children who were apprehended and removed from their homes by child and family services. The reporting on this is going to be emotional, and as you can see from both the CBC and Canadian Press reports previewing the hearings (which will be webcast for the first time), the focus of who they’re speaking to are Indigenous people – fair enough – but almost zero time in either report is spent on the actual legal arguments, which are significant. Only the CBC report included the line that “Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.”

This is a pretty significant thing, because one of the arguments is that the Tribunal, in making the kind of order that it did, was exceeding its statutory authority to do so. That’s a pretty big deal, and why the government would be looking for a judicial review – to ensure that the Tribunal isn’t allowed to overreach, and doesn’t create a precedent for future instances of overreach. It may seem like petty details, but it’s a pretty significant issue when you look at how the administrative tribunal system in this country is set up, and the role that it plays in the broader justice system. The fact that this is being ignored by the mainstream press isn’t surprising, because administrative law isn’t sexy (even though it’s one of the most contentious issues that our Supreme Court is grappling with at this very moment), but we shouldn’t dismiss it.

The government – and prime minister Justin Trudeau in particular – has stated that there will be compensation, and they are already working on a settlement for the class action lawsuit in question, which may include boarder compensation so as not to have to separate compensation streams for the same apprehensions. And they should absolutely be held to account to that promise that they made – but the Tribunal order cannot and should not be the end all and be all, and we need to recognize that, and ensure that some of the broader context is being discussed.

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Roundup: It’s Cabinet Shuffle Day!

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We are now well into Cabinet leak territory, and right now the news is that Chrystia Freeland will indeed be moving – but we don’t know where. We do know that François-Philippe Champagne will replace her at Foreign Affairs, that Pablo Rodriguez will be the new Government House Leader (after we already heard that Steven Guilbeault will take over Canadian Heritage), plus Seamus O’Regan moving to Natural Resources, that Jonathan Wilkinson is taking over Environment and Catherine McKenna will take over Infrastructure. We’re also hearing from Quebec media that Jean-Yves Duclos will take over Treasury Board, and that Mélanie Joly is due for a promotion – but no hint as to what it means otherwise. Still no word on Public Safety, which is a huge portfolio that will need a very skilled hand to deal with in the absence of Ralph Goodale.

https://twitter.com/StephanieCarvin/status/1196922355181924352

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Meanwhile, some of the other roles that Trudeau needs to decide who are not in Cabinet will include the whip, parliamentary secretaries, and considerations for committee chairs (though he won’t have the final say on those as they are ostensibly elected by the committees themselves, and it’s the whips who largely determine who will sit on which committee). Committees are especially important in a hung parliament, so this could mean big roles for those who didn’t make it into Cabinet.

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Roundup: Caucus leaks from sore Liberals

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There was a very curious piece in yesterday’s Hill Times that offered leaks from the Liberal caucus room – leaks which have been rare over the past couple of years, but then again, Jane Taber has retired from journalism, so perhaps not everyone has gotten around to finding someone to call when they want to gripe. In this particular instance, the chair of the Liberals’ rural caucus allegedly raised the notion that he didn’t feel his constituents were properly consulted on upcoming gun control legislation, and Trudeau allegedly chastised him in return, given that this was a campaign commitment and they have consulted for two years and there’s not much more consultation that they can do. (And really, the notion that this government has been paralyzed by consultation is not too far from the truth).

Now, I get that rural Liberals are nervous – the institution of the long-gun registry in the 1990s did serious damage to their electoral chances that they only just recovered from in this last election cycle, and these MPs would like to keep their seats in the next election, thank you very much. But at the same token, I’m not going to be too sympathetic to this notion that Trudeau’s response to them is going to create some kind of chill in the caucus room. You’re grown-ups, and sometimes things get a bit heated, particularly when it looks like there’s some pretty serious foot-dragging going on that could affect promises being kept, while the party is already on the defensive for other promises not kept (however justified it may have been not to keep them – looking at you in particular, electoral reform).

I was also curious by the tangent that this piece took regarding the fact that Gerald Butts and Katie Telford also routinely attend caucus meetings, which tend to be reserved only for MPs (and once upon a time, senators) to hash things out behind closed doors and to have full and frank discussions with one another. And there was talk about how under Chrétien or Martin, senior staff were not there, but under the Harper era, they often were, if only to take notes and ensure that there was follow-up on items that were brought forward. And if that’s all that Butts and Telford are doing, then great – that may be a good way to ensure that everyone is on the same page. But it does feed into the notion that Butts is the real brains of the operation and that he’s the one running the show. Take that for what you will.

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Senate QP: Meandering trade talk

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While the tributes to Rona Ambrose carried on in the House of Commons, international trade minister François-Philippe Champagne was down the hall in the Senate Chamber, taking questions on his portfolio. Senator Smith led off, wondering about the state of the NAFTA discussion, and whether we were facing a “tweak” or a massive change. Champagne noted that he was supporting the minister of Foreign Affairs as part of a whole-of-government approach, and he would be meeting the new US Trade Representative this Friday at an APEC meeting. Smith asked about tax competitiveness with the Americans, with proposed US tax cuts, but Champagne said that they were looking to diversify, becoming a bridge between Pacific and Atlantic economies, discussions with India regarding a FIPA, and exploratory trade talks with China. Champagne also noted that NAFTA has been tweaked eleven times to date.

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