Roundup: Rushing a resurrected bill

The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

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QP: Trying to make Orwell happen

Monday of the second week back, and for the anniversary of the great Centre Block fire of 1916, the wooden mace was on the table for the day. Justin Trudeau and Andrew Scheer were present, but most of the other leaders were not. Scheer led off, mini-lectern on desk, and he immediately raised the spectre of the torqued stories of government licensing media. Trudeau took up a script to say that the report stated that news was not to be licensed, that they believed in free media, but they continued to study the report. Scheer tried again, throwing out references to Nineteen Eighty-Four, China’s basic dictatorship, and Fidel Castro. Trudeau repeated the response, trying to be emphatic about it. Scheer then pivoted to the economy, talking down the figures, and Trudeau reminded him that they have made progress on tackling poverty and investing in growth. Scheer tried again, and Trudeau reminded him that they actually cut taxes. Scheer tried to then score points on the supposed $50 Million to MasterCard — really an investment in a cyber-security research centre — and Trudeau read back Scheer’s quotes about the importance of cyber-security from the election. Alain Therrien led off for the Bloc, worrying about the potential approval of Teck Frontier Mine. Trudeau picked up a script to read that they were evaluating the proposal and would come up with a response within a month. Therrien tried again, and Trudeau listed from memory the various measures they are taking to protect the environment. Alexandre Boulerice led off for the NDP, and he worried that the government was not calling out Donald Trump’s Middle East “peace plan” as it disadvantages Palestinians. Trudeau reminded him that the government’s long-standing policy is for a two-state solution negotiated by the parties involved. Brian Masse then railed about the Volkswagen settlement, and Trudeau read that the Public Prosecution Service made all decisions independently.

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QP: Putting the heat on Blair

While Justin Trudeau fled the capital to go sell auto workers the merits of the New NAFTA over in Brampton, Andrew Scheer was elsewhere. Candice Bergen led off with the story of the murder of a sex worker of a person on parole, and demanded a denunciation of the Board’s actions. Bill Blair reminded her that an investigation has been launched into the matter. Bergen asked about MasterCard getting $50 million from the government, to which Mélanie Joly said that the government was investing into a cyber-security centre. Bergen said that MasterCard can afford to pay for their own cyber-security, and bashed the investment again, and Joly responded about the importance of job creation. Luc Berthold was up next to ask about the Auditor General’s budget, to which Jean-Yves Duclos effused about the Middle Class before citing that they would work with the Auditor General. Berthold asked again in French, and Duclos responded with the record on growth and job creation. Yves-François Blanchet was up next to worry about Teck Frontier Mine destroying the Paris Agreement, and Jonathan Wilkinson responded that they were still making their determination on the environmental assessment. Blanchet also worried that said mine would require new pipelines and wondered if they were afraid of saying no to Jason Kenney, to which Wilkinson repeated that they were still considering it. Jagmeet Singh was up for the NDP, to once again demand limiting the tax break in order to fund dental care, and Bill Morneau reminded Singh that their tax cuts have benefited 20 million Canadians. Singh asked again in French, and got much the same response. 

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Roundup: The Teck Frontier drama for naught?

There is a lot of agitation around the Teck Frontier oilsands mine, with the Alberta government and their federal counterparts howling for it to be approved immediately, and environmentalists, and certain other parties (like the Bloc) demanding the federal permits be denied. The problem? That even if it were approved, the CEO says they may not be able to build it because oil prices are too low for it to actually make any money, so this could all be for naught.

Meanwhile, here is Andrew Leach with a thread on its economics, and pushing back on the rhetoric around its emissions profile, wherein Jason Kenney and others have misconstrued what the company has actually said in order to make the project look less emitting that its plans say it will be.

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QP: What about infrastructure?

Tuesday, and all of the leaders were back once again. Andrew Scheer was up first, and he claimed there were “sky high” deficits and taxes and no infrastructure spending to show for it — assertions that were all false. The deficits are actually tiny in comparison to the size of the federal budget, and the tax burden on Canadians is hovering near its lowest point in the post-war period, not to mention the fact that many of the promised infrastructure projects were held up by provinces trying to play politics in advance of the election, and that the hoped-for productivity gains were blunted when provinces didn’t keep up their planned infrastructure spending, and instead rolled it back as the federal government spent more. Justin Trudeau stood up and used a script to list projects that they were approving. Scheer then raised their Supply Day motion about calling in the Auditor General about the infrastructure programme. Trudeau reminded him that the Conservative record was spending on billboards, door knobs and gazebos, while their government was getting things done. Scheer asked again in French, got much the same answer, and Scheer raised the coronavirus and wanted support for Taiwan to get observer status at the WHO. Trudeau avoided the direct question and gave assurances about the coronavirus and collaboration with China. Scheer tried again, and Trudeau reminded them that they shouldn’t play politics with public health crises. Yves-François Blanchet was up for the Bloc, and he once again raised the possibility of aluminium impacting the Quebec market under the New NAFTA, to which Trudeau reminded him there were guarantees in the new agreement that do not exist currently. Blanchet tried again, and Trudeau quoted the aluminium producer association as saying it was a good deal. Jagmeet Singh was up next for the NDP, and he railed about the Volkswagen settlement agreement, calling it a “sweetheart deal.” Trudeau, without script, stated that they are paying a penalty and it was great for the fight against climate change. Singh then railed about a supposed tripling of outsourcing of public service functions, and Trudeau spoke to the balance around procurement. 

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QP: A conciliatory note, and then a lie

And we’re back. While Justin Trudeau and Andrew Scheer were present, and most, but not all other leaders were as well. After a moment of silence for the victims of PS752, Scheer led off, mini-lectern on desk as usual, and he asked for progress on bringing PS752 victims home and holding perpetrators to account. Trudeau thanked him for the question, and picked up a script to note that they were supporting victims, and what he told the Iranian President directly. Scheer thanked him, and then moved onto cancelled energy projects and lied about the cost of living versus wages and demanded that the Teck Frontier Mine. Trudeau reminded him that they were  growing the economy while protecting the environment. Scheer then stated that the government was destroying the energy sector — again, falsely — and lamented deficit spending, to which Trudeau reminded him that they made the choice to invest, and it was paying off. Scheer then switched to gang violence and claimed the government was taking the “lazy approach” of targeting lawful gun owners, to which Trudeau took up a script to list the measures they were taking. Scheer then moved onto the survey which stated that Canada dropped three spots on the transparency ranking (which is a self-reported metric), to which Trudeau listed ways in which Canada was strong on the international stage. Yves-François Blanchet was up next, and raised a potential deportation case and demanded that the minister intervene. Trudeau, with script, to read a platitude about how they examine each case based on merit, and said that they were aware of the case but could not speak to it. Christine Normandin raised the question again, and Trudeau repeated his response. Jagmeet Singh was up next, and demanded did that the government immediately pay the compensation for First Nations children demanded by the Canadian Human Rights Tribunal. Trudeau reminded him that they are working on reconciliation, noted the new approvals under Jordan’s Principle, and that they were still working on the issue. Singh then demanded immediate action on pharmacare and claimed he has a bill to immediately implement it (which a private members’ bill can’t do), and Trudeau took a script to list actions they have taken to reduce drug prices and noted they were negotiating with the provinces.

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Roundup: Lethal overwatch?

There’s been some chatter about a story in the Guardian that purports to show BC RCMP communications that would have allowed for “snipers” and “sterilizing” of Indigenous protests in the province over LNG pipelines – which the minister of Indigenous services wants some answers to, and which the RCMP denies is actually legitimate, citing that the terminology used isn’t consistent with their own, or that some of it is being misinterpreted (in particular “lethal overwatch). To that end, here’s Justin Ling with a bit of context and nuance to consider before you get agitated at what’s being reported, as it may not necessarily be correct.

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QP: New measures not mentioned in the Speech

The first Monday of the new Parliament, and the prime minister was present but Andrew Scheer was not. That left Leona Alleslev to lead off in French, and she lamented the reported job losses from last month, and demanded a new economic statement with new measures and a balanced budget. Justin Trudeau responded that the first thing they did in 2015 was cut taxes and they were doing so again, and they were supporting Canadians and the economy. Alleslev read the same question in English, and got the same response. Alleslev read more doom, saying that the country was on the verge of recession (reminder: Not according to the Bank of Canada), and Trudeau reminded her of the plan to invest in Canadians, which is what they would continue to do. Erin O’Toole was up next, demanding retaliation against China for the two detained Canadians, being the one-year anniversary of their captivity. Trudeau assured the House that they were continuing to engage the Chinese, and that he had spoken to President Xi directly. O’Toole then raised the protests in Hong Kong, and Trudeau spoke about their support for the one-country two-systems principles and reiterated their calls for de-escalation. Yves-François Blanchet asked about healthcare, and Trudeau responded in general platitudes about the system, and they went for a second round of the same. Jagmeet Singh was up next, and in his new style of alternate French and English sentences, demanded that the upcoming tax cut be more targeted in order to use the savings to pay for national dental care, and Trudeau reminded him of how many people the tax cut would help. Singh demanded increased health transfers, to which Trudeau reminded him that they had worked with the provinces to target specific needs in the last parliament and they would continue to do so in this one.

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Roundup: Enter the QP scolds

With the return of Parliament comes the inevitable return of the sanctimonious commentary around the behaviour of MPs in the House of Commons. Already we had Scott Gilmore insisting that MPs “not be assholes,” and this eyeroll-inducing plea from Tamara Miller that goes on about grade eight students. What Miller seems to forget is that the House of Commons is not a classroom. Question Period is not a lecture or a seminar course where all sides discuss this week’s assigned reading. It’s political theatre, and it’s an exercise in holding government to account, and that isn’t always done with dry recitations of scripts and polite golf claps.

The other thing that I keep needing to drill into people is that Question Period is not the totality of what happens in the Commons. The rest of the day you are more likely to be in danger of narcolepsy than you are of hearing heckling or other boorish behaviour. Committees are generally fairly well behaved, but if there’s a contentious issue then parties will send in their ringers to put on a show when they know people are watching. It’s political theatre. Is it always pleasant? No. But most of the hours of the day aren’t anywhere near what happens in QP, and that’s fine. There is also nothing wrong with heckling per se – some of it is very legitimate, whether it’s cross-talk when ministers are saying things that aren’t true, or when they’re not answering the question but rather just reading non sequitur talking points – as happens too often. I don’t think that MPs should just sit on their hands and be silent when they’re being spun or insulted to their faces by some of what governments – regardless of stripe – pull. Does this mean that all behaviour is acceptable? No – there is a lot of behaviour that is more akin to jeering, hooting baboons than to parliamentarians, and yes, some of it is sexist and bullying, but not all of it, but it should be incumbent upon parties and the Speaker to police the excesses, but the constant tut-tutting about any heckling is frankly gag-inducing.

This having been said, should MPs behave better in QP? Sure. The clapping ban the Liberals instituted helps tremendously (when it’s obeyed – it had pretty much broken down toward the end of the last parliament), and frankly, it makes Scheer and Singh look terribly insecure by comparison if they require ovations every time they stand up to speak when Trudeau doesn’t. But honestly, I can’t think of anything worse than the way that these scolds imagine that QP should be.

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Roundup: Frivolous lawsuits that help no one

Because climate lawsuits on behalf of youths are apparently all the rage, another one has been launched, this time against the Ford government in Ontario, because of their cancellation of the cap-and-trade system and their challenging of the federal carbon price. I can barely even.

So, to recap: Lawsuits are about getting individual remedies, and these actions are not designed to do so. They are using “novel” Charter arguments, which are an abuse of process. It’s also trying to use the courts to impose public policy solutions, which is not the job of the courts. That’s not their function, and trying to use the courts because you lost at politics is not how things work. And further to that point, the courts are already overburdened, and these kind of frivolous suits – and that’s exactly what they are – waste everyone’s time and court resources, and I would fully expect the courts to impose costs on those who brought forward these complaints that waste everyone’s time.

I spent an afternoon on the Twitter machine of being accused of not taking climate action seriously because I made these points about this lawsuit, which is not the case at all. My point – as exemplified by the (very good) lawyer who joined in the fight over Twitter, is that this is a political problem, not a legal one. You don’t use a saw to hammer a nail, which is what this lawsuit is attempting to do. The courts are not the place for this because they can’t force a government to come up with a climate change plan that meets the expectations of scientists – that’s not how life works, and it’s not how democracy works. And sure, young people are frustrated with the slow action so far, but democracy depends on people organising, and that means doing the hard work of getting involved in riding associations, changing party policy though conventions, and agitating internally to do something. And it means organising. I can’t stress this enough – organise, organise, organise. Protest votes won’t get you anywhere – and let’s face it, that’s what Green votes are. That’s how you make change in politics, and the sooner that young people realise this – and you can join parties as young as sixteen and start volunteering and voting on nominations and resolutions – the more you will be effecting meaningful change. (Want to learn more about how that works? Read my book).

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