Tag Archives: Immigration

Roundup: A diminishing work ethic?

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The Senate rose for the summer yesterday after the morning’s royal assent ceremony, which I find to be extremely curious given that they were scheduled to sit for another week and had a whole new batch of bills sent to them when the House rose on Wednesday. You would think that they would want to get started on them, and possibly even pass a few more of them before rising for the summer, but apparently not, and that does trouble me a little bit. We saw this happen at Christmas, and we’re seeing it again now, where the tradition that the Senate sits at least an extra week to get through the raft of bills sent to them by the Commons is being abrogated by Senate leadership that seems less interested in demonstrating that they’re doing the work that needs to be done when MPs take off.

Speaking of Senate leadership, our good friend, the Leader of the Government in the Senate – err, “government representative” sent out a press release yesterday that pat himself on the back for all of the changes to make the Senate more independent, which he equated with making better laws. Why? Well, 13 out of 51 bills in the current session of this parliament were successfully amended by the Senate, so that must mean it’s working! Well, maybe, but it ignores the context that the current prime minister is more willing to entertain some amendments, unlike the previous one. That gives room for the Senate to propose them, but the vast majority of the amendments that do get accepted tend to be technical rather than substantive ones. Not that it doesn’t happen – the government has backed down on a couple of occasions and accepted major amendments (like with the RCMP unionisation bill, which had a Supreme Court of Canada ruling to back up the amendments), but for the most part, the government has resisted substantive amendments to its legislation, so much that you have their new appointees like Senator Pratte openly questioning why the government bothered with creating its “independent Senate” if they’re not going to listen to what it has to say. Not that I’m suggesting that the government should accept every Senate amendment, but there are recent examples where they probably should have, such as with the impaired driving bill that passed this week. There was overwhelming evidence to show that this was almost certainly unconstitutional and would create havoc within the justice system, but the government refused to listen, and senators backed down and let the government reject their amendments rather than insist upon them in the face of such overwhelming testimony. If Harder were really concerned that the Senate was improving legislation, he might not have insisted that once the government rejected those amendments that the Senate back down rather than stand up for some constitutional principles, but he didn’t. Make of that what you will.

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QP: The other conspicuous silence

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For the final QP of the spring sitting (barring unforeseen circumstances), all leaders were present, and plenty of MPs kicked off with statements of thanks to spouses and supporters. Andrew Scheer led off, mini-lectern on desk, reading congratulations for his new MP, before reading some aged talking points about the India trip. Justin Trudeau first congratulated the new MP, and thanked the pages and the Commons staff, but didn’t respond to Scheer’s question. Scheer read the laundry list of the prime minister’s supposed sins, worried about his reckless spending. Trudeau responded with a reminder about the investments they have made in the middle class. Scheer breathlessly read the costs of upgrades to the PM’s residence at Harrington Lake, and Trudeau stuck to his talking points about investing in the middle class, avoiding Scheer’s bait. Scheer tried again, and this time Trudeau took up a script to talk about the NCC’s responsibilities in maintaining official residences. Scheer tried yet again, and Trudeau sanctimoniously talking about all of the problems facing the country and the world, while that was what Scheer was focused on. Guy Caron was up next for the NDP, and demanded to know if the US was still considered a safe country for asylum seekers. Trudeau took up a script to respond that Canadians are concerned, and they were looking for ways to modernize the Safe Third Country Agreement, and they were monitoring the situation. Caron demanded that Trudeau denounce what was going on, to which Trudeau reiterated that the situation was unacceptable and they were monitoring it. Jenny Kwan took over in English, louder and angrier, and Trudeau took his script back up to repeat that what’s happening is wrong, and that he would stand up for those seeking refuge. Kwan tried one last time, and got the same answer.

https://twitter.com/cfhorgan/status/1009505095225151488

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QP: Pipeline project necromancy

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With the Trans Mountain announcement still reverberating in the political sphere, it was proto-Prime Ministers Questions, and it remained to be see how substantive the answer would be. Andrew Scheer led off, mini-lectern on desk, and he railed not only about this pipeline acquisition, but the fact that it threw New Brunswick under the bus because they killed Energy East. (reminder: They didn’t kill the project, the proponent withdrew after Keystone XL became viable again). Justin Trudeau replied with his tired platitudes about energy and the economy, and securing jobs for Albertans. Scheer railed that other projects were killed, including Northern Gateway, and that the demise of Energy East ensured that only foreign oil flowed to Eastern Canada. Trudeau shrugged this off as dwelling in the past because they couldn’t deal with the reality that this government was doing the right thing. Scheer insisted that the previous government didn’t need taxpayer funds to get pipelines built and approved — ignoring that most of those pipelines were simply reversals or refurbishing existing ones. Trudeau noted that the Conservatives were trapped by their “rigid ideology,” whereas he was standing up for Alberta and Canadian jobs. Scheer went another round, and this time Trudeau invoked the spirit of Peter Lougheed to justify his actions. Scheer returned to playing the economic nationalism card by highlighting that Kinder Morgan is Texas-based, and Trudeau again invoked Lougheed. Guy Caron was up next for the NDP, railing that Trudeau should have invested in clean energy, to which Trudeau reminded him that when Rachel Notley came out with her climate plan, the federal NDP cheered, but that plan had three parts — a cap on greenhouse gasses, carbon pricing, and a pipeline to new markets. Caron demanded to know what the impact on taxpayers would be, but Trudeau kept wedging that the NDP can’t bridge the energy and the economy. Nathan Cullen poured on the sanctimony to protest the purchase, brining in reconciliation and climate promises, and Trudeau reiterated his previous response about Notley’s plan in English. Cullen accused Trudeau of smoking weed to make the decision, and Trudeau noted that this was about certainty to get it constructed and getting it built as part of their plan to fight climate change and grow the economy.

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Senate QP: Hajdu ducks a request

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Following weeks of condemnation around the government’s insistence on the “Charter rights” attestation for Canada Summer Jobs Grant applications, it was time for the minister of labour, Patty Hajdu, to appear before the Senate to answer questions. Senator Larry Smith led off, as is customary, and he asked about the fact that no new federal drug testing regulations would be in place before marijuana was legalised. Hajdu noted that in her previous job, she dealt a lot with substance use issues with clients adn employees, and she was passionate about the topic. She noted that they are working with federally-regulated employers and labour groups, but also called out that this debate was a red herring because cannabis is not new, nor is use at work. Smith wanted some degree of certainty for employers, and Hajdu said they are already having those conversations, and most workplaces already have robust policies.

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Roundup: Jean’s version

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Yesterday finally saw that long-anticipated Daniel Jean appearance before the Commons public safety committee, and it was…not explosive. Much of it was simply reiterating everything we’ve heard before – that Jean was sensitive to misinformation that was appearing in media outlets that suggested that RCMP and CSIS didn’t take Jaspal Atwal’s appearance seriously, that there was a possibility this was an attempt to embarrass the Canadian government into looking like they didn’t take Khalistani separatists seriously, and that Jean himself suggested the briefing and PMO simply providing him with a list of journalists to reach out to. And when the Conservatives demanded to know about the “rogue elements in the Indian government” or “conspiracy theory” allegations, Jean corrected that he didn’t say those things.

Now, some of the journalists involved in the briefing are disputing a few details, and in particular the notion that Jean had suggested that perhaps Indian intelligence was involved (which he denied yesterday). And there remains this concern trolling that senior bureaucrats don’t normally go to the media like this so he “must have” been put-up to it by PMO, which I’m not really sure is the case, particularly because as we heard in later releases about Jean’s briefing, and in his testimony yesterday, he highlighted the use of “fake news” and propaganda by hostile outlets, which is why we wanted to correct them as a neutral third-party. This is not really a widespread concern just a few years ago, particularly given the way that it was seen as interfering with elections and whatnot, so it’s not out of the realm of possibility that he wanted to be more proactive about it.

Of course, the real hitch in all of this is that some of the sensationalized reporting around the original briefing, coupled with the torque applied to it by Andrew Scheer and company to the point where the story being proffered in the House of Commons didn’t match reality (which is Scheer’s stock in trade these days) have spun this whole narrative beyond what was a “faux pas,” per Jean. And when Jean’s narrative didn’t match Scheer’s, it was Scheer who tried to insist that Trudeau spoke about the “rogue elements” (he never did – he very studiously avoided any specifics and only said that he supported what Jean said), and that it was up to Trudeau to provide clarity for his apparent contradictions when he didn’t actually make any – it was Scheer himself who put forward a false narrative and has been caught with his pants down over it. But let’s also be clear – a lot of the reporting around this has not been stellar either, between sensationalization and omitting of aspects (like his concern about the misinformation being fed to Canadian media), coupled with a refusal to call Scheer out on his disingenuous framing of the whole thing, has led these false narratives to grow out of control. And they keep getting dragged on longer by things like yet more false claims being piled on, such as with the chickpea tariffs and the allegedly cancelled meeting that never existed, but do we call it out? Not until days later. And some journalists should own up to their role rather than get their backs up (like they did yesterday) so that we can move on from this whole incident because we really do have better things to discuss.

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QP: Inventing a conflict from whole cloth

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With the Easter long weekend upon us, it was Friday-on-a-Thursday in the House of Commons, and Question Period was no exception — only slightly better attended than a regular Thursday. Candice Bergen led off with a disingenuous framing of the Raj Grewal non-story, and Bardish Chagger noted that everything was cleared with the Ethics Commissioner, and that Grewal’s guest at the event registered through the Canada-India Business Council. Bergen demanded to know who in the PMO authorised the invitation, and Chagger reiterated her response. Alain Rayes was up next, and demanded the prime minister to sign off on a human trafficking bill from the previous parliament, to which Marco Mendicino noted that there was a newer, better bill on the Order Paper (but didn’t mention that it has sat there for months). On a second go-around, Mendicino retorted with a reminder that the previous government cut police and national security agencies. Ruth Ellen Brosseau led off for the NDP, and raised the fact that Stephen Bronfman and a government board appointee were at a Liberal fundraiser last night, to which Andy Fillmore reminded him that they have made fundraisers more transparent. Charlie Angus carried on with the same topic in a more churlish tone, got the same answer, and on a second go-around, François-Philippe Champagne praised the appointment to their Invest Canada agency. Brosseau got back up to list allegations of harassment at Air Canada, to which Roger Cuzner reminded them that Bill C-65 will cover all federally regulated industries.

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Roundup: Promising a new framework

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The big news yesterday was Justin Trudeau delivering a major policy speech in the House of Commons about creating a new legal framework for the rights of Indigenous peoples in Canada that aims to fully implement the treaties that have not been properly enacted, and that will build toward self-governance by creating the capacity within individual First Nations and other Indigenous communities that will enable them to take up that governance space at their own pace. Trudeau insisted that this would not require constitutional change but would rather put some meat on the bones of Section 35 of the Constitution, and the existing treaties. And yes, criminal justice reform including how juries are selected was also part of the promise (and I’ve heard that we might see new legislation around that in March). Trudeau said that this announcement comes with a new round of consultations, but the aim was to have legislation tabled by the fall, with the framework fully implemented before the next election.

Reaction from Indigenous leaders is cautious so far, because there aren’t a lot of details – and there probably won’t be many until something gets tabled later in the year. The flipside of that, of course, is that there’s room and space for these leaders to give their input during the consultative process that is to come, seeing as Trudeau is promising to work together to develop this framework. There are other questions when it comes to lands and resources, which I’m not sure if this framework itself will cover or if the framework will guide how those issues are to be solved going forward, and that’s also likely going to depend on the cooperation of the provincial governments, but there does seem to be some momentum. That will also depend on Parliament moving this forward, and while the NDP seem to be onboard, the Conservative response to Trudeau’s speech warned about being too ambitious, which should probably be some kind of a warning signal. But it’s early days, and we’ll see how the next few months unfold.

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Roundup: Muddled takes on Charter rights

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The bad takes on the government’s decision to stop giving summer job grants to groups that actively oppose abortions keep rolling in, with yesterday’s winner being one particularly mystifying piece that equates this to Christians being persecuted in ancient Rome. No, seriously. But probably the most overwrought objections are those which keep insisting that “there’s no Charter right to an abortion!” Err, no, there’s not. But when you try to take away that right, you trigger other Charter rights, most notably a woman’s right to life, liberty, and security of person, or the fact that discriminating against her ability to get a medical procedure does breach her Charter rights. University of Ottawa law professor Carissima Mathen walks us through some of those considerations here:

Emmett Macfarlane also took to Twitter to try to clarify some of the arguments in this particular case.

https://twitter.com/EmmMacfarlane/status/954045320224178176

https://twitter.com/EmmMacfarlane/status/954046117188177920

https://twitter.com/EmmMacfarlane/status/954048017727926272

https://twitter.com/EmmMacfarlane/status/954067759494778881

https://twitter.com/EmmMacfarlane/status/954141345152724992

This having been said, it should be reiterated that yet again, this government has not done a particularly stellar job in communicating this particular policy decision, especially in how they are fuzzily defining what is a “core mandate” that would disqualify them. It shouldn’t be difficult – is this an organization that is devoted to picketing abortion clinics, or counselling women against abortions under the guise of being a support service? No? Then you can get your funding. I also think that some religious groups are being a bit hyperbolic in their concerns, egged on by the likes of Andrew Scheer, who has been torqueing this issue (as he is wont to do with any issue) so that what’s actually at stake bears no relation to what it’s being characterized as. But that’s politics, apparently.

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Roundup: On “luxury” flights

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Over the weekend, Andrew Scheer tweeted about how the defence minister had spent last year taking “luxury flights” as part of government business – twenty of them, for 206 flying hours. The horror!

Of course, the notion that Canadian Forces Airbus jets are “luxury flights” is beyond ridiculous. These planes are so old that they still have ashtrays at the seats, and part of the fleet was retired because they couldn’t get any spare parts any longer. There is nothing “luxurious” about them. Not to mention the fact that for most of these trips, they weren’t to destinations that could be taken commercially with any particular ease, such as a few fact-finding missions to Mali along with key military brass. But hey, why should facts or context matter when you can tweet out outrageous spin in order to drum up a bunch of faux outrage?

But why is Scheer pushing this ridiculous notion? Partly, it’s the constant drone of cheap outrage that ensures that Canadians can’t have nice things (and We The Media can share a lot of blame for this particular problem). Partially, it’s because he’s made it his mission to treat the viewing audience like idiots. But mostly it’s to try and create this narrative that the Liberals are so entitled that they spend profligately on themselves (not actually true) as opposed to those who need it. And to try and enforce that narrative, they will repeat it ad nauseum until people start thinking that it’s true. I keep waiting for the “positive politics” and “change of tone” that Scheer promised to actual start to manifest itself, but nope.

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Roundup: Lagging CBSA oversight

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A report commissioned by PCO advises for the creation of a new oversight body for both the CBSA and the RCMP, given the amount of overlap between the two bodies when it comes to law enforcement. Currently, CBSA has no civilian oversight, though its national security functions are just now getting some oversight under the National Security and Intelligence Committee of Parliamentarians, and those functions would likely fall under the creation of the new intelligence commissioner created in Bill C-59 – but those don’t deal with the day-to-day interactions at the borders, or with some of their other functions, like immigration detention.

What the Canadian Press story doesn’t mention is that there is right now a Senate bill sitting on the Order Paper, which passed the Senate unanimously, to create a CBSA Inspector General. In fact, it passed in October 2016, and has been sitting there ever since, as no MP has bothered to sign up to sponsor it (which is unusual in the extreme). More unusual is the fact that Ralph Goodale had previously signed up to sponsor the version of the bill that was being debated in the previous parliament, but now that he’s public safety minister, he’s become much more gun-shy, saying that they need to do more consultation and will come out with their own bill. But almost a year-and-a-half later, it’s still sitting there, when it could be amended by the government to make whatever technical fixes they deem necessary and swiftly passed. (I last wrote about this for the Law Times a year ago).

Of course, if they wanted to go that route, the government would need to give the bill a Royal Recommendation and put in implementation language into the bill – something that it currently lacks to get around the requirement that it can’t spend money. In other words, it’s a framework but nothing more at this point. But if the government were serious about oversight for CBSA, they could do something to ensure that it happens expeditiously. But that commitment to oversight seems to be a bit more academic at this point, given that they haven’t moved on this in all this time. And that should be mentioned in these more recent stories, but haven’t been.

https://twitter.com/cforcese/status/948274583865499649

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