At a security and defence conference in Ottawa yesterday, RCMP Commissioner Bob Paulson gave a plea for warrantless access to people’s Internet subscriber data. Trust us, Paulson said – we won’t abuse it or violate the Charter. Never mind that every privacy expert ever, as well as the Supreme Court of Canada, has said that no, they don’t need this kind of information without a warrant. At one point, Paulson made the comparison of getting a warrant to run license plates, which is patently ridiculous because you can’t get nearly the same information from a license plate that you can from someone’s browser history. Paulson raised all manner of bogeymen by which he needs warrantless access, from cyber-attacks to child pornographers, but the funny thing is that after the Supreme Court’s decision against warrantless access to subscriber data, RCMP data shows that forcing the police to get a warrant to see your IP history hasn’t hampered investigations, which makes Paulson’s plea all the more problematic. Trying to get this particularly dangerous power is not a surprise, but it is perhaps a little unbecoming knowing coming from a Commissioner who should know better.
Tag Archives: Lawful Access
Roundup: An questionable call to the Governor
While I often cringe about the media’s reluctance to refer to Stephen Harper as prime minister during the writ period (as he remains prime minister and will until he offers the Governor General his resignation) out of an exaggerated sense of fairness, there was an incident yesterday where Harper himself blurred that line between being prime minister, and being the Conservative leader campaigning for his own ends. For the first time that I can recall, we got a press release that mentioned that the Prime Minister called up the Governor of the Bank of Canada. While the text was pretty banal, talking about “ongoing developments” in the global economy and the recent declines in the markets, it was still unusual because we never get these kinds of releases. Ever. There is a very clear separation between government fiscal policy and the monetary policy set by the Bank of Canada, and the two should never meet – in fact, there is an issue in Canadian history where the Prime Minister tried to interfere with the Bank of Canada, and the Governor of the day ended up resigning in protest as a result. While the purpose of Harper’s call to Governor Poloz is not mentioned, the fact that it came on the day where Harper’s campaign message was all about how only his party could be trusted to weather this global economic turbulence, well, it’s pretty icky. Harper subtly politicizes Poloz by using him as a campaign prop – look at my economic credentials! I’m talking to the Bank of Canada Governor, like an economic boss! For all we know, Harper and Poloz have a weekly call where they talk trends and forecasts, and so on, but if that’s the case, we never hear about it. This time, Harper made sure that we knew about it. I’m having a hard time trying to see how this is acceptable in any way.
Roundup: Overreading mandates
In the wake of Tuesday’s election victory in Alberta, there has been no shortage of jubilation and outright triumphalism amongst NDP-types here in Ottawa, who have rushed to claim their own share of the victory – or at least the reflected glory – while mouthing trite sayings like “only New Democrats can defeat Conservatives!” without actually understanding the actual facts on the ground. There was no shortage of congratulations for either Thomas Mulcair – who future Alberta premier Rachel Notley quite explicitly distanced herself from during the campaign – or Linda Duncan, their only federal MP, as though she was somehow a key player in that victory. But amidst all of this self-congratulation comes to mind a warning that Bob Rae made after the last federal election – be careful not to over-read your mandate, advice that applies not only to the federal, but also the provincial NDP. To wit, I would posit that Tuesday night was not so much a victory for the NDP as it was a defeat for Jim Prentice and the Progressive Conservatives in Alberta, which Notley was able to capitalise on. It’s not like there was much else in the way of alternatives – she was articulate and had some experience as an MLA, whereas the Alberta Liberals were rudderless and in a tailspin after the departure of Raj Sherman, and the Wildrose had Brian Jean for a leader for all of five minutes before the election was called. Absolutely none of this has to do with some great leftward shift in the province. No, Virginia, Alberta did not suddenly become a bastion of socialists. Quite the opposite, as Notley has run on a relatively centrist, populist platform that has all but repudiated a number of planks of her federal cousins, and she will live in constant awareness that it could all be gone by the next election if the political right’s vote coalesces around Wildrose, or the centrist vote in the province fragments once again around a hypothetical renewed Alberta Liberal brand, or gains by the Alberta Party to replace them. None of this leaves a lot of room for Mulcair and the federal NDP to make gains, particularly as their particular brand is much more hostile to the oilsands and pipelines than Notley is. Alberta may have had a desire for change, but there are no guarantees as to how that translates federally. Meanwhile, federal NDP MPs are giving advice to their new rookie provincial cousins. Paul Wells sets up the eventual victory by Notley, while Colby Cosh cautions about some of the lessons to take from the election. Kathleen Petty gives us a reminder of some of the political demographics and history that has played out in Alberta over the length of the PC dynasty there, most especially that the party was built on centrism.
Roundup: The hardest working appointment
Day three was much like day two in the Duffy trial – more trying to assert that there were no residency rules in the Senate, so as to absolve Duffy of having broken them under the letter of the law. Things later moved onto partisan activities, and the big feature everyone was talking about was the autographed photo of Harper and Duffy together, where Harper wrote that Duffy was his hardest-working and best appointment. Well, if he was hardest working, it was for party activities and not Senate business, as Duffy had a pretty lax attendance record for the two committees he sat on – a mere 55 percent, while a fellow PEI senator had 100 percent. So there’s that. It speaks to a willingness on Duffy’s part to do the Prime Minister’s bidding at the detriment of his own constitutional obligations as a senator, unlike other fundraisers that Harper appointed, such as Irving Gerstein, who chair committees and take those duties fairly seriously. And if Duffy couldn’t say “No, I have work to do,” when asked to do yet another party fundraisers, well, that reflects badly on him, doesn’t it? Rather unexpectedly, Patrick Brazeau and his lawyer showed up to watch, apparently taking notes on the proceedings, likely for the benefit of their own upcoming trial. Elsewhere, here’s a look at some of the other findings in the Duffy Diaries, including some backroom machinations in the caucus, some of the other observations of the day, and Nicholas Köhler’s write-up.
Roundup: Raising the spectre of domestic terror
It was an odd event yesterday – a Conservative MP asking the PM during Question Period to respond to “unconfirmed reports” to a domestic terrorism link to a hit-and-run case in Quebec involving two members of the Canadian Forces, where the suspect was shot and later died. It was only hours later that the RCMP released a brief statement that the suspect was known to them, and that he may have been radicalised. It’s still early days in the investigation, but one wonders if it’s perhaps too soon to suddenly believe we have ISIS cells operating in Canada, and that this wasn’t an isolated incident where one individual who, by all accounts, was a recent convert for whatever reason, and decided to act on the vague ISIS threats that were made public in media reports. I guess time will tell, but expect the government to start using this incident as justification for greater counter-terror legislation. At the same time as this story was breaking, the Director of Operations of CSIS was at a Senate committee, saying that they do the best they can with prioritizing their investigations, but can’t cover every base because of budget limitations. Duly noted.
Roundup: 28 instances, fewer charges
The RCMP say they have disrupted or intervened in 28 instances where people have been involved in high-risk travel, be it people returning after fighting with radicals abroad or when they plan on heading over. No word on how many people have had their passports revoked, and there have apparently been no new names added to the no-fly list, and there have been very few charges under anti-terror legislation. The government will likely try to use this low figure to say that we need even more anti-terror laws, and yet it makes one wonder about the actual scope of the problem. Andrew Coyne wonders about the threat that ISIS poses to Canada directly, and if people should be shrugging it all off. (Spoiler alert: no).
Roundup: Voices from the past
A number of has-been pro-life (and homophobic) former Liberal MPs sent out an open letter to Justin Trudeau decrying his decree that a woman’s right to choose is a Charter issue and not a matter of conscience. They decried it as “anti-democratic,” never mind the fact that this was the policy voted on by the party’s membership during the policy convention before Trudeau won the leadership. Oops. The pedigree of these former MPs is also worth mentioning, as several of them quit the party to join the Reform Party, while others left over the same-sex marriage issue. Not surprising, most Liberals simply shrugged off the whole thing, while Trudeau tweeted out a fairly decent comeback.
The days when old men get to decide what a woman does with her body are long gone. Times have changed for the better. #LPC defends rights.
— Justin Trudeau (@JustinTrudeau) September 18, 2014
QP: About this local issue…
With both Stephen Harper and Justin Trudeau off in Southern Ontario for events, Thomas Mulcair was the only major leader in the Commons. He led off by asking about the coming demolition of the Mirabel airport — likely because he has Quebec seats to shore up, and Lisa Raitt responded first by reminding him that she’s a she and not a he, and that it’s the Montreal Airport Authority that is the responsible authority. Mulcair shot back that he was referring to the Minister of Infrastructure, before he angrily wondered when the government when the government would listen to indigenous women about missing and murdered indigenous women. Kellie Leitch responded that families were thanking her for the Action Plan™ being tabled. Mulcair then switched to the bus-train collision in Ottawa a year ago, and asked about a train derailment in Slave Lake. Raitt was back up, and said they were working on rail safety. Chris Charlton was up next and bemoaned the declaration of bankruptcy by US Steel in Hamilton, which Mike Lake gave a somewhat shrugging response, and when Charlton demanded that the government protect the pensions of the affected retired workers, Kevin Sorensen touted all the ways they have cut taxes. Ralph Goodale was up for the Liberals, asking about job losses in the last month and suggested changing the EI tax credit to one where employers get a credit for a net job created. Sorensen insisted that the Liberals were making up policy on the fly, and made random potshots at the Liberal record on EI. Goodale’s final question was about the latest report on income splitting and how it would affect provincial budgets. Sorensen responded that Harper said that income splitting was a good policy. Well if Harper says so…
Roundup: Military assistance for Ukraine?
As you probably saw earlier, the President of Ukraine was in Ottawa, and beyond just giving a speech to Parliament, he’s also looking to expand on the $200 million loan arrangement, and wants more military assistance – not combat troops, but reconnaissance, as well as signals intelligence and satellites, and moving toward a free-trade agreement between our two countries.
Roundup: Peter MacKay’s “special bonds”
Peter MacKay ignited yet another firestorm by making comments to the Ontario Bar Association that there isn’t enough diversity in federal and federally-appointed courts because not enough women are applying since they have a special bond with children. No, seriously. And when called out on it, MacKay insisted that his comments were “misconstrued,” and then went on say law schools need to do better – never mind that female enrolment is already outpacing males. And no, there was nothing in his explanation about visible minorities, just women. Naturally, this turned into a parade of accusations about the regressive social attitudes during Question Period, laced with all of aggravating qualifications from all sides, MacKay included, about being parents. MacKay also gave a litany of appointment figures, all of them out of context, like how there was only one woman out of the thirteen appointments made last week. There was some great fact-checking over Twitter which pointed out just how ridiculous or outright wrong MacKay’s justifications are.
https://twitter.com/cmathen/status/479732973470638080
https://twitter.com/cmathen/status/479739582615785472
Stats on women applicants to Ontario Court of Justice available since 1989. There is no shortage of women applicants. pic.twitter.com/yvI26uUzwX
— Erin Crandall (@ErinLCrandall) June 19, 2014
How many women appointed to section 96 courts? Fluctuates by year. Numbers not rising with Harper government. pic.twitter.com/dxNZJhwRQM
— Erin Crandall (@ErinLCrandall) June 19, 2014