Tag Archives: Marijuana

Roundup: Detailed spending or slush fund?

Posted on by

The Parliamentary Budget Officer weighed in yesterday on the government’s desire to create a $7 billion fund as part of the Estimates to get a jump start on budget promises before those spending plans can be finalized with departments and voted on in the Supplementary Estimates later in the year. The verdict? That enabling this would make it more difficult for MPs to do their duty of controlling government spending, because in their estimation, nothing obliges the government to spend that $7 billion on what is outlined in the budget annex. Government officials (on background) dispute this because they say that if they were to spend it on something other than what is laid out in the budget annex that it would constitute an unauthorized use of public funds.

“See! It’s a slush fund!” The Conservatives immediately cried and gave their little song and dance about how it’ll mean the Liberals can spend it willy-nilly on anything they want. And perhaps they should know – after all, they created a $3 billion “emergency fund” to deal with the 2008 financial crisis and wound up spending it on things like the gazebos in Tony Clement’s riding for the G8/G20 meeting when those funds were supposed to be used for border infrastructure. So is this the voice of experience talking? Good luck getting them to admit it. The NDP line, meanwhile, is that this is the Liberals trying to “suppress Parliament,” which I think you’ll have a hard time trying to find evidence for given how few actual strongarm tactics they’ve managed to engage in so far (a couple of ham-fisted moves that they’ve had to walk back from aside).

While on the one hand, I think the PBO has a point, on the other hand, it’s not a $7 billion black box, and the spending is outlined in the budget, and they can be held to account for it, which is also Parliament’s role. And given that the Estimates are basically unreadable currently and the fact that most MPs don’t pay the slightest bit of attention to them, the cynic in me wonders why they really care (other than it’s a convenient bludgeon to bash the government with). After all, I’ve watched enough times when the Commons has passed the Estimates at all stages with no actual debate or scrutiny on several occasions, leaving the actual hard work up to the Senate. Add to that, watching the Conservatives on their vote-a-thon vote against line items in the Estimates that they probably shouldn’t have shows how little attention they actually pay to the process and the contents. So would this $7 billion fund matter in the long run? Probably not. If nothing else, it’s more impetus for why we need to fix the Estimates process, to realign it with the budget and the Public Accounts, and ensure that they’re readable once again. And until that happens, I find myself having a hard time caring about this item given that there has been an attempt at due diligence that is otherwise so often lacking.

Continue reading →

Roundup: A possible missed deadline on election laws

Posted on by

With a ticking clock over their heads – one whose useful time may already have passed – the government unveiled a new bill yesterday to reform the country’s electoral laws, to not only roll back changes that the previous government made around voter ID, that people complained made it harder for people to vote, while also enhancing some privacy safeguards, and limiting the writ period to 50 days while imposing more spending limits on pre-writ and third-party spending (so long as there’s a fixed election date). In the event that you thought there was already a bill on the Order Paper to roll back those Conservative changes, well, you’d be right, but they’ve abandoned it and rolled those changes into this new bill – a tactic they have been using with increasing frequency for whatever reason. Of course, Conservatives are already grousing that the Liberals are trying to make voter fraud easier by reducing the ID restrictions – never mind that they were never able to prove that there were problems with the pre-existing system, with one MP being forced to apologize for misleading the House after insisting that he saw people collecting voter registration cards when he actually just made the story up. But why ruin a narrative about the Liberals trying to game the next election?

The point about timing is going to be a tough one, because ideally these changes should have been made months ago if Elections Canada was to have enough time to ensure that they’ll be in effect for 2019 – and this also has to do with their need to migrate to a new data centre in advance of that election. Why the government couldn’t get this bill out months ago – or advance the previous bill on electoral measures, for that matter – is a question that they have yet to answer. As to whether Elections Canada can make these changes in time, the fact that there is now a bill that they can look to could mean that they’ve been saved in time – maybe – but we have yet to see how long it will take for them to bring it to debate and get it to the Senate, which has been keen to both amend bills and take their time doing it.

Meanwhile, Elections Canada is working with CSE and outside contractors to provide iPads to polling stations in the next election for things like voter registration so that they can eliminate some of the paper systems at advanced polls. In other words, trying to speed up the process electronically while still keeping the paper ballots that are so necessary to have proper accountability in our system.

Continue reading →

Senate QP: Philpott talks Indigenous concerns

Posted on by

This week’s ministerial Senate QP feature special guest star Jane Philpott, minister of Indigenous services. Senator Larry Smith led off, and worried that there wasn’t a cultural appropriate campaign to raise awareness about the dangers of marijuana for Indigenous youth. Philpott first noted that while it was her fourth appearance it at Senate QP, it was her first in her new role, and then noted that they had funded a task force that was engaging Indigenous communities on the topic, so that they had programmes that were led by Indigenous communities. Smith wanted some more details on this in the interests that there is some transparency, and wondered what elements it included. Philpott took note of the request for details and promised to follow-up before giving some more context about the meetings she has with Indigenous communities around their public health campaigns.

Continue reading →

Roundup: A curious appointment bottleneck

Posted on by

There was an interesting revelation in the Hill Timesyesterday in that the government is sitting on more than 100 vetted Senate candidates while twelve seats remain vacant, and yet put out a call for yet more applications while the advisory committees are all empty, which would be the people who are supposed to vet all of those incoming applications. But that number amazes me – 100 names that are vetted and ready to go for those twelve vacancies, and the government isn’t moving on them, adding one or two names every couple of months at random intervals. And don’t get me wrong – I’m firmly opposed to mass appointments, but that also means that the Chamber should be in full operation and that vacancies should be filled as they happen, which are one or two at a time. Add to that the fact that because these are all being named as Independents, the kinds of mentoring that should happen isn’t, so at this point it almost doesn’t matter if we get all twelve in one fell swoop because the result would be the same either way.

The other thing that is very interesting is that in the interview with former appointment committee member Indira Samarasekera, she mentioned that they identified key skill areas that the Senate is in need of and that their names have reflected that, but these aren’t necessarily the people that Trudeau is naming in the long run. Which isn’t to say that Trudeau has simply been naming ideological Liberals and calling them Independents (despite what the Conservatives in the Senate are claiming), but it is hard to deny that there isn’t a similarity to most of the candidates in the fact that they tend to be activists from the social sciences as opposed to some of the business, foreign affairs, and trade experts that Samarasekera noted that they recommended. Despite this all, the piece provides an interesting window on just what seems to be the bottleneck in appointments that this government has a problem with making, and which continues to be a slow-moving crisis of their credibility.

Continue reading →

Roundup: Upping the Trans Mountain drama

Posted on by

Late afternoon yesterday, Kinder Morgan put out a surprise press release saying that they were suspending “non-essential activities” and spending related to the Trans Mountain pipeline expansion, citing the political fights still underway on the project. It’s a transparent move to try and force a political solution to some of the drama underway, and it certainly got everyone’s attention. Within the hour, Jim Carr was standing before reporters to assure them that all options were on the table, but by that point, Rachel Notley was demanding “concrete action” from the federal government, while Jason Kenney started his performative caterwauling about how terrible the federal government has been on this, and the federal conservatives promptly followed suit, ignoring their own record on pipelines in the meantime. Andrew Leach, however, has kept receipts, and immediately called them out on it. (John Horgan, incidentally, denies that he’s been harassing the project).

When Leach called out the fact that the previous government didn’t hold a press conference about the approval of Northern Gateway, and didn’t travel to BC to promote it, Raitt didn’t get his point and responded with a news article from the day which pointed out directly that the minister’s office sent out a release and refused all questions, after which Harper noted in the Commons that jurisdiction was deferred to the NEB. So the question is, if that was good enough for the Conservatives then, why is it so terrible that the Liberals are doing more and being more vocal about Trans Mountain now?

Paul Wells, meanwhile, takes a survey of the landscape in the wake of these developments, and continues to express some doubts as to what is going on. I personally have to wonder what more the federal government can do in the face of the provincial tit-for-tat from Alberta and BC, seeing as they already have jurisdiction over this pipeline, and they realistically can’t bigfoot the actions of the NEB, which is a quasi-judicial body. After all, there is the rule of law to contend with. To date, BC really hasn’t made any concrete actions that the government can take to court, for example, and certainly nothing that would merit reviving the powers of disallowance from constitutional dormancy. Kenney et al.’s demand to declare Section 92(10)(c) of the Constitution is legally illiterate, so what else, pray tell, should the federal government do? I’ll be curious to see what verifiable solutions present themselves in the coming days.

To round it off, Kevin Milligan also offered some observations on the situation on the ground.

https://twitter.com/kevinmilligan/status/983120057608781824

https://twitter.com/kevinmilligan/status/983121108852289536

https://twitter.com/kevinmilligan/status/983123756355694592

Continue reading →

Roundup: Three senators went to Washington

Posted on by

Three Conservative senators went to Washington DC to talk about marijuana legalization, and you may be shocked to learn that they were not reassured by any of it. They were told that Homeland Security isn’t adding any new resources to the border so Canadian travellers may face more delays, and they were told of all of the new cartels that have emerged as the crime rate has skyrocketed in Colorado. And oh, how the loopholes around home-growing are being exploited by criminal elements. Woe! Most of this should be taken with a particular grain of salt – there has been no proven causal relationship between the increased crime rate in Colorado with marijuana legalization, and if there are Mexican cartels looking to exploit loopholes to export it from the state, I’m not sure that’s as big of an issue in Canada if the whole country is legalizing instead of a single province. And as for the border, well, individual agents already have immense discretionary powers now, so nothing is really going to change there.

What was curious in all of this is how the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, complained that these three Conservatives were “undermining the government” by taking this trip. I’m not sure that it’s a very credible complaint considering that they weren’t claiming to be headed down there on behalf of the government – rather, it was under the rubric that they haven’t been getting straight answers from the government, so they wanted to get answers for themselves. It’s almost as if they were exercising the discretion afforded to them as part of the “independent Senate” where they don’t have to ask the government’s permission to engage in such activities. And let’s not kid ourselves – this was a very partisan exercise, and I’m sure that most Canadians can see that it clearly was. They’re not exactly hiding it, but they’re also doing their duty as the opposition to get the information they think they need to hold government to account. The sky isn’t falling here, and Harder is coming across as a little thin-skinned in making the complaints he is.

Oh, and for those of you asking, it’s likely that this trip was paid for by the Senate, but bear in mind that Senators are allowed travel to Washington as part of their duties (and in fact, a trip to Washington is included as part of their annual travel points). There’s no actual scandal here for anyone to point to.

Continue reading →

Roundup: Propaganda and democratic interference

Posted on by

During a media availability yesterday, Justin Trudeau mentioned the Russian embassy’s propaganda efforts in linking Chrystia Freeland’s grandfather to Nazi publications in World War II as a reason for expelling diplomats that he accused of interfering in Canadian democracy. Almost immediately, we got some of the more obtuse pundits in our commentariat fretting about why we didn’t expel those diplomats at the time that happened, and why the government couldn’t just say that last week when they were asked how those Russians had interfered. And to clarify, Trudeau cited that as an example, which is very much interfering with our democratic processes. And as for why they didn’t expel them earlier, I direct you once again to Stephanie Carvin’s Open Canada piece about the expulsions, and why we allow intelligence officers to stay when we know that they’re engaging in espionage activities. Seriously – go read it.

https://twitter.com/StephanieCarvin/status/981654741783597056

And funnily enough, Carvin had pointed to that attempted Russian propagandizing days earlier when responding to Susan Delacourt’s column that wondered why we weren’t taking the allegations of Russian interference with more alarm that we have been. As Carvin points out – it’s not just cyber that we have to worry about, and if MPs were actually doing their jobs, they would be far more focused on this issue rather than re-litigating the Atwal Affair™ again and again to score cheap points.

https://twitter.com/StephanieCarvin/status/981274900890398720

https://twitter.com/StephanieCarvin/status/981274905906835457

https://twitter.com/StephanieCarvin/status/981274910797414400

Continue reading →

Roundup: Justice bill under fire

Posted on by

The big news over the long weekend was the Liberals’ major criminal justice reform bill, which was tabled at the end of last week. It’s a big bill because it’s a big topic, but also because the government decided to fold in two previous bills that have been languishing on the Order Paper so that they can all get passed at once. One of those bills has clauses that have been overtaken by a previous bill that again, languishes on the Order Paper. And yet, despite this major reform push, one of the biggest problems facing the justice system, mandatory minimum sentences, which are clogging the courts, remain intact because this bill doesn’t address them, and the minister is shrugging in terms of saying the debate is still ongoing with provinces and courts over those. Among changes in this bill are severely limiting preliminary inquiries, which could mean that a number of cases go to trial where they wouldn’t have otherwise given that the point of a preliminary inquiry was to determine whether there was enough evidence to secure a conviction. Another change is to eliminate peremptory challenges in jury selection, something which has gained a lot of attention in the past couple of months after the Gerald Stanley trial in Saskatchewan had an all-white jury.

None of this is without controversy, and defence lawyers are raising the alarm. Lawyers like Michael Spratt say the changes will not speed up trials, and will actually eliminate some procedural fairness from the system. The elimination of peremptory challenges is far more contentious, with some defence lawyers saying it won’t fix anything while another says it could eliminate the current abuses. One law professor calls it a good first step, but lists other recommendations to increase access to justice in remote communities and improve jury selection.

On a related note, it looks like Saskatchewan hasn’t been selecting juries in a way that complies with their own provincial laws. While this may not be enough to cause an appeal in the Stanley trial, which has put much of the focus on the issue of peremptory challenges, it does raise questions about jury selection laws in this country that are part of these reforms.

Continue reading →

Roundup: Too omnibus or not too omnibus?

Posted on by

The opposition is crying foul over the government’s 556-page budget implementation bill and moaning that it breaks the promise about omnibus bills. It’s not an unfair point, but one that requires a bit of nuance. For one, the government never promised that they would never table an omnibus bill – only that their omnibus bills would not be abusive, and yes, there is a difference. Omnibus bills can be useful tools, particularly if it’s regarding matters that would have a number of coordinated amendments to the same existing statute. That way, you don’t have six different bill all amending the same piece of legislation (like the Criminal Code, for example, or the Income Tax Act, if it’s a budget bill), possibly causing pile-ups of amendments to some of the same sections of the bill. The overriding criteria for it not to be abusive, however, is that it should all touch on the same subject matter. The abusive bills of the previous government didn’t do that, and they stuffed everything into it, including a number of unrelated measures (like environmental legislation) into budget bills in order to get them passed expeditiously – a technique they started during the minority years, so that they could huff and puff about confidence measures and not sending Canadians to the polls too soon; they simply carried on the technique once they had a majority.

Does this current budget implementation bill reach that level of being abusive? Not that I can see. Glancing through the bill, the only section that raises a possible eyebrow is the section within that creates the Greenhouse Gas Pollution Pricing Act – the carbon tax legislation. Should it be separated? Well, it does have to do with fiscal measures as it deals with the federal carbon price backstop (which yes, is a carbon tax for those provinces who refuse to implement one), as opposed to, say, environmental assessments. And the government has pointed out that they have circulated draft legislation prior to this, so it’s not coming out of the blue or as a complete surprise stuffed into the bill along with a number of other surprises. But, if the opposition wants to challenge it, the Speaker has the power to split the bill if they can make their case convincingly enough. The other issue is that the government hasn’t pre-declared a timetable for when they want this to be passed, but it will likely mean some marathon committee time. Let’s just hope that the opposition doesn’t demand days and days of useless Second Reading “debate” first, which would eat into the committee time, because that’s where a bill like this should spend its time.

Continue reading →

Roundup: That $1 trillion figure

Posted on by

The big scary headline yesterday was that Canada’s market debt had reached $1 trillion. OH NOES! screamed the commentators, and the Conservatives most especially (albeit not in Question Period, but at committee). Part of the problem with this figure, however, is how it’s being reported, and most especially, being compared to things like a household mortgage, which it is absolutely nothing like. For starters, the “market debt” figure being reported there adds a great many things into it – things like the debts of Crown Corporations like CMHC, the Business Development Bank of Canada, or Export Development Canada. These may have federal backstops, but with BDC and EDC, for example, these are important vehicles for entrepreneurs and exporters to expand their businesses, which is generally good for the economy. And you can bet that the “fiscal hawks” out there are disingenuously bundling this into the federal government’s net debt, or sub-national government debt, and giving themselves the vapours to prove a point, which isn’t necessarily helpful.

https://twitter.com/MikePMoffatt/status/978405748253212672

And as much as the Conservatives are snarking at Bill Morneau over this figure, ignoring how much they added to the national debt in the wake of the financial crisis of 2008 (much of the spending coming too late as the recovery had already started when they spent the money, which was also not necessarily spent efficiently) or the fact that when the Liberals took office in 2015, there was a $70 billion hole in GDP because of the mini-recession that happened in part due to the drop in oil prices. That $70 billion is largely where their increased deficit figures come from, not that they communicate this very effectively. But despite Kevin Page’s warning that interest on debt is the fastest growing line item in the federal budget, debt-to-GDP is going down, and the deficit is shrinking faster than initially reported because the economy has been growing faster than expected. Current PBO figures show that there is no debt bomb – federal figures are in a downward trajectory sustainably. I’m not sure that tearing our hair out over this $1 trillion figure is helpful, particularly because it bundles in a lot of things, and the reporting on that isn’t making it clear. It’s just a big number that people are supposed to get upset over, which helps nobody understand the true fiscal situation, of the levers that governments have to deal with it.

Continue reading →