Everyone seems to want to talk about how the Aaron Driver terrorism incident went down and how it relates to the government’s plans to amend the old C-51 into something that better balances Charter rights, so here is some preliminary analysis from the expert, Craig Forcese, and more analysis that he did with Kent Roach for the Globe and the Post. And yes, the Liberals have reiterated that they plan to amend the legislation, while the NDP continue to demand its repeal (which may be difficult given how it interacts with pre-existing legislation). Meanwhile, here’s an interview with Driver’s father and a professor who studies radicalization – who noted that the isolation of the peace bond may have made that radicalization worse – and a reminder about the realities of terrorism like this in Canada versus Europe.
Tag Archives: Marijuana
Roundup: Gowns for influence
The celebrity status of Sophie Grégoire Trudeau gained some internal clarity within government circles as new ethics rules were published with regards to her as it pertains to gifts and loans of the clothes and jewellery she wears. As a woman with a certain profile, Grégoire Trudeau has done the politic thing to do and showcase Canadian designers, because we all know that she would immediately be subject to criticism if she didn’t. And when a person of a certain profile makes that kind of decision about showcasing designers, she tends to be presented with dresses, outfits, and jewellery to showcase at different high-profile events – often for loan, but occasionally as a gift as thanks for the exposure she gives those designers, so it makes sense that there are some rules around it, as an extension of the fact that her husband is a public office holder. I get it.
What I do not get is this notion that somehow accepting the loan or rental of a gown, outfit or piece of jewellery is going to somehow corrupt the ethics of the government of the day and put them in some kind of impossible conflict of interest. And yet, here we are, once again quoting Duff Conacher, head of the Parliamentary Thought Police, giving credence to this kind of lunacy:
“In terms of personal ethics she shouldn’t be accepting these gifts. She should decide, and she will likely decide, to wear Canadian designers quite a bit to showcase them as others have … [but she should] not be tainted with even the appearance that’s she’s up for sale and happy to receive free gifts when she can afford to buy her own clothes and jewelry.”
Are. You. Serious? Aside from the fact that such a shopping habit would quickly become very expensive and become the subject of all manner of other gossip pieces (and let’s face it – the PM’s salary isn’t that generous, no matter what you may think), fashion is an industry that is not static. It’s very difficult to buy a few pieces and then just recycle them endlessly while you’re in the public eye and being seen to promote designers. That invites its own kind of damning criticism. But how, pray tell, is she “up for sale?” What influence does she wield that this is some kind of ethical dilemma for the operation of the government? She’s promoting the industry, and she is circumscribed from accepting items over $1000 (which are surrendered to the Crown collection unless she chooses to purchase them), and gifts over $200 are disclosed, which is fine. But “up for sale”? Seriously? Do you think they’re seriously going to ask her husband to send along subsidy cheques? Then again, this is from the mind of someone so paranoid that he thinks that $1500 can buy influence in government, and that capping donations at $100 will somehow fix the system rather than drive financing to less reputable channels (as it did in Quebec, which is the model he curiously admires). The disclosure rules are sensible. Let’s leave it at that.
Roundup: Patterns on the witness list
The electoral reform committee returns next week, and so far I see a lot of proponents of proportional representation on the witness list, not that this surprises me in any way, as well as an academic proponent of a referendum on electoral reform – also not a surprise. So look forward to plenty of glowing recommendations about how electoral reform will solve all of our political ills.
In the meantime, if you’re looking for some background reading the Library of Parliament has some updated publications in store – one on the history and evolution of our electoral laws, and another that provides an overview of our current electoral system and those employed elsewhere. That one I found particularly lacking, especially in the language it used to describe the current First-Past-the-Post system, adopting wholesale the arguments about “disproportionate” seat counts (logical fallacy), the supposed advantages of “regional parties” or “regional strongholds” with no discussion of brokerage parties, and buying into the arguments about voter turnout without being critical about them (this is a broad problem across all western democracies no matter the electoral system). The rest was an overview of other electoral systems, examples of their use in other countries, the history of electoral reform initiatives in Canada, and some adjacent issues like mandatory voting, online voting (with zero mention about the concerns of the secrecy of the ballot), and lowering the voting age.
What was missing from this tepid report was any discussion on the impact of these electoral systems, such as government formation or accountability, which boggles my mind. It’s literally taking a piece of a complex ecosystem and treating it in isolation with no regard for how it will affect all other aspects of it, which is a huge part of the electoral reform discussion. What kind of government you get after you vote in that system is kind of a big deal. And even bigger deal is how you get rid of that government in a subsequent election, which is not easy to do in most systems other than FPTP because the tendency is for a big central party to just shuffle around their coalition partners, and that can be an even bigger headache, delivering policies that only a tiny fraction of the population voted for. You’d think this would be relevant to an examination of electoral reform proposals, but apparently not according to the analysts at the Library. You’ll excuse me if my faith in this government’s process has just sunk even lower.
(Hat tip to blog reader PierreB for pointing these reports out)
Roundup: More awful electoral reform questions
Another day, another meeting of the electoral reform committee, which produced yet more kinds of awful. Marc Mayrand, the outgoing Chief Electoral Officer, gave a few facts to MPs, like the fact that a referendum (if the enabling legislation were changed) would cost about $300 million to run, or the fact that Elections Canada could be ready in time for a 2019 election under a new system, provided that everything was settled by May of next year. (Note: This may be overly optimistic considering the constitutional questions raised by some kinds of voting systems). But some of the worst moments were around questions raised to both Mayrand and his predecessor, Jean-Pierre Kingsley, about things like online voting.
Kingsley suggest at some point people will wonder why they can't vote "on this." #ERRE pic.twitter.com/GgjXqObf80
— Althia Raj (@althiaraj) July 7, 2016
No. No, no, no, no, no. The problem with online voting has zero to do with encryption technology and everything to do with the secrecy of the ballot, and anyone who confuses the two needs a smack upside the head. The secrecy of the ballot is ensuring that nobody sees who you are voting for, so that you can’t be rewarded or punished for it, you know, like in the era of “rum bottle politics.” And you can’t ensure the secrecy of the ballot with online voting. “But what about mail-in ballots?” you ask. Well, the proportion of those is so small that it’s a compromise that we have to make. Online voting is not comparable.
https://twitter.com/inklesspw/status/751122720520282113
This particular intervention is complete nonsense. Does David Christopherson not take the phone calls of his constituents unless they can prove that they voted NDP? Does he not present their petitions in Parliament? Oh, so he does? Then they don’t “get nothing,” and it’s fundamentally wrong for anyone to suggest otherwise, and proof that they don’t know what it means to be an MP.
At #ERRE, Jean-Pierre Kingsley make pt to show unfairness of #FPTP. Here's what this look like. #electoralreform pic.twitter.com/Iqw7KkX38I
— Broadbent Institute (@broadbent) July 7, 2016
And then there’s this specious and utterly wrong nonsense, because it’s fundamentally dishonest. Do you know how many voters it took to elect Elizabeth May? 37,000 votes. We have ridings, where people decide who gets to sit in each seat. We don’t apportion seats based on the number of votes they receive, and to try and present it as such in order to prove some point is basically lying. And yes, this is the kinds of discourse that this process is bringing out, so well done everyone.
And then there are the editorials and op-eds. Christina Spencer is not at all impressed with how this committee has gotten started (and I can’t say that I blame her – it’s been pretty awful). Kelly McParland thinks the Liberals are counting on apathy in order to get their preferred electoral system through (hence their reluctance for a referendum), while Michael Den Tandt thinks the insistence of “focus grouping” their electoral reform consultations is really a shell game of “trust us” while they push ranked ballots through. Colin Horgan suggests that the “electoral reform toolkit” is an attempt at making the conversation appear to be more grassroots.
Roundup: Use your Australian comparisons wisely
If it’s not the leadership omnishambles in the UK that’s holding our attention, it’s the indecisive election result in Australia. While that would be something in and of itself, we find ourselves with pundits eager to take some lessons from Australia, only to completely balls things up along the way. To wit, Kelly McParland writing in the National Post delivered this hot mess yesterday which manages to conflate every possible thing in Australian politics in order to prove a point – not necessarily a bad point – but went about it in entirely the wrong way. So, for Mr. McParland’s edification, let’s break it down a little.
First of all, the “six prime ministers in six years” has virtually nothing to do with the ranked ballots in Australia. The system of caucus selection of leaders there (which is how leaders should be chosen, as I’ve argued elsewhere numerous times) has gone to extremes, creating a culture of paranoia and betrayal. But that’s not the fault of the ranked ballots since it’s a different process. That parties will spill leaders shortly before an election in the hopes of having a more appealing leader is party politics enabled by the ability to have spills, rather than the ranked ballot effect. Conflating them is not helpful.
The ranked ballots themselves allow for more small parties to exist independent of “big tent” brokerage parties because ranked ballots discourage tactical voting – something McParland neglects to mention while returning to the Canadian canard that the Liberals only want ranked ballots because they think they’ll clean up by getting everyone’s second place votes. That has led to the need for the Australian Liberals (read: conservatives) to require a coalition partner to govern, which is a consideration to make if we want ranked ballots, but it is a giant conflation to mix this in with the stability of their system and leadership woes.
The problem of the Australian Senate is the bigger nub of the argument, but which gets lost in the rest of the McParland’s confusing mess. The Australian Senate is chosen by single-transferable proportional voting, and the system has been effectively gamed in the previous election so that a bunch of marginal players got seats and subsequently created a huge problem in their upper chamber, requiring more tinkering of the system to be forced through and the Prime Minister calling for double-dissolution (so that both chambers be elected at the same time – a rare occurrence usually reserved for political crises) in order to break the legislative deadlocks. Those tweaks appear to be causing even more problems with this election, but we may see how it all shakes out in a few weeks. (Note that these ballots tend to be the size of placemats, because of the way they’re structured with the enormous number of parties running). And while the problems with these marginal parties being given outsized powers of persuasion in the previous parliament are very valid points to make, it gets lost in the sea of conflations that plagued the rest of the piece.
So I get McParland’s point about electoral reform advocates needing to be careful what they wish for, and can even agree with it to a large extent, this was utterly the wrong way to go about it.
Meanwhile, here’s a primer about Australia’s lengthy counting process – so lengthy that their Senate preferential distribution process could take over a month. Closer to home, here are some of the ways in which the electoral reform committee plans to engage with Canadians.
Roundup: Bills left unpassed
While the House of Commons may have risen for the summer on Friday, they did so with an unusual number of bills waiting to pass third reading, not to mention the fact that Bill C-7 on RCMP unionization is heading back to them after the Senate amends it (and those amendments have passed at the committee stage and are awaiting third reading vote). What is most unusual to me is the fact that C-7 was another bill that was in response to a Supreme Court decision that also was granted an extension, and still managed to miss its deadline and remains un-passed. Now, the government is prepared to allow it go un-passed through the summer, despite the fact that while it was under consideration on the Commons side, they insisted they couldn’t make substantive amendments to the bill because of the deadline. That deadline has passed, and they are willing to now let it go through the summer, the sense of urgency suddenly evaporated? How? It makes no sense. And looking at the other bills that they haven’t passed yet, there are two that are both awaiting Third Reading and could have passed if they’d sat for an extra couple of days: C-2 on their vaunted income tax changes, and C-4 on undoing the Conservatives’ changes to labour rights. Why they’re letting these languish through the summer – particularly C-4, which keeps some pretty onerous regulations for labour unions on the books – is frankly mystifying.
I will say that the mood in the Commons was strangely exhausted by the time Friday rolled around, when they hadn’t even been doing late-night sittings up to this point in order to get things passed an off to the Senate (often with the expectation to get those bills passed as well before rising themselves). In fact, normally by this time, MPs are outright feral, and the tone in the Commons could generally be compared to jeering, hooting baboons. Mind you, we had The Elbowing and that associated drama a few weeks ago, and as someone remarked to me the other day (and if I could remember who you were when I had this conversation, I would credit you), they basically peaked too soon this year. And that very well could be. It still makes no sense that they would leave these two bills on the Order Paper waiting for final debate, or not waiting for C-7 to come back from the Senate. But then again, there have been a lot of questionable choices made this spring, so perhaps we should chalk it up to more of that.
QP: Politicizing genocide
The benches were nearly full, and all of the leaders were present for today’s exercise in accountability. Rona Ambrose, mini-lectern on neighbouring desk, led off by demanding that the government was “shameful” in not declaring ISIS to be a genocide. Justin Trudeau strongly condemned the actions of ISIS, praised our efforts, and noted that they asked the international authorities to weigh on rather than politicians. Ambrose pressed, Trudeau reiterated that they wouldn’t trivialise the word “genocide” by using it inappropriately. Ambrose tried again in French, and Trudeau repeated his point about not making petty points with this determination. Ambrose moved to the plight of Yazidi girls and asking for them to be brought to Canada. Trudeau noted that they use the UN determination of most needy. Ambrose insisted that they weren’t refugees but displaced people, and the Conservatives hollered as Trudeau noted that the previous government diminished the capacity to bring people to Canada. Thomas Mulcair was up next, and lamented the court battle from a veterans group, and Trudeau insisted that they were making changes to help veterans. After another round in French, Mulcair moved onto marijuana decriminalisation, and Trudeau reminded him that decriminalisation won’t stop street gangs. Mulcair repeated the question in English, and got the same answer.
Mulcair delivers his applause lines in both languages consecutively, so that we get to hear them twice. #QP
— Dale Smith (@journo_dale) June 14, 2016
Roundup: Skirting the Charter
It was a late-night sitting in the Senate to deal with more amendments to the assisted dying bill, and in the end, amendments that would include advanced directives in the bill were defeated. Part of the debate was that more time was needed to study the issue, and the mover of the amendments, Senator Cowan, made the very trenchant point that while the bill mandates the government to study the issue within 180 days of passage, there is no guarantee that they will do anything with it other than issue a report that will gather dust, because as we’ve been exploring lately, MPs tend to be rather spineless and because this is a tough “moral” issue, they will refuse to discuss it until forced to by the courts. Again. Meanwhile, a background paper on the bill was released by the justice minister that stated that they didn’t need to strictly follow the Supreme Court’s Carter decision because they were trying to articulate new principles about trying not to normalise suicide among the elderly and disabled. It seems to me that this is the very same logic that the previous government employed in their crafting new prostitution laws, which went around the very issues that the Supreme Court dealt with (the safety of sex workers) and tried to craft legislation that was inherently denunciating rather than which tried to put in place a better regime. That has yet to be challenged in the courts, but it is coming. In this particular case, it does seem like an attempt by the government to try and circumvent clear direction by the Supreme Court on how they have interpreted the Charter in this instance, as Carissima Mathen points out below, it’s not like they can simply say “new law!” and pretend that the existing Charter jurisprudence doesn’t exist, because it clearly does. Is this the way that this government purports to deal with the constitutional dialogue with the courts and push back against them? Maybe. But it also seems like they are flirting with a bill that is unconstitutional to try and keep themselves from pissing off too many interest groups, be they religious or the disabled community, despite the fact that there seems to be clear interest from Canadians that they want this kind of law in place (and in particular, advanced directives if you believe what senators say they are getting in terms of the feedback from Canadians). Of course, they could very well find themselves “forced” by the Senate to provide enough political cover (which I still think is a very distinct possibility), but I am getting the sense that we are now seeing the “campaign from the left, govern from the right” sensibilities starting to emerge in this current Liberal government.
https://twitter.com/cmathen/status/742528101364551680
https://twitter.com/cmathen/status/742531190243135488
QP: A moment for Orlando
Things got off today with a few statements of condolence and shock around the attack on a gay nightclub in Orlando over the weekend, and a moment of silence in the House of Commons. Neither Rona Ambrose nor Justin Trudeau were present today, Trudeau meeting with the chief and youth delegates from Attawapiskat.
MP Randy Boissonnault reads a statement about #Orlando, clad in a rainbow tie. #QP
— Dale Smith (@journo_dale) June 13, 2016
Now Mulcair reads a statement on #Orlando. #QP
— Dale Smith (@journo_dale) June 13, 2016
Shannon Stubbs reads the statement for the Conservatives. Blames "radical domestic terrorism," doesn't say "homophobia." #Orlando #QP
— Dale Smith (@journo_dale) June 13, 2016
.@Rob_Oliphant up now, speaks about the violation of that safe space with violence and homophobia, notes Muslim community now at risk. #QP
— Dale Smith (@journo_dale) June 13, 2016
Denis Lebel led off by asking about the terror attack in Orlando and the execution of hostage Robert Hall in the Philippines. Ralph Goodale responded with condolences and assurances that there were no threats to Canadians. Lebel then demanded an electoral reform referendum, to which Maryam Monsef called on all parliamentarians to help the committee do their work. Lebel pivoted again, and asked about a carbon tax. Jonathan Wilkinson assured him that they were focused on growing the economy in an environmentally sustainable way. Andrew Scheer took a crack at that question in English, terming a carbon price an “Ottawa knows best” approach, and Wilkinson gave the same answer. Scheer then accused the Liberals of charging admission for an electoral reform town hall, and Monsef said that they all members were supposed to follow the rules around these town halls. Thomas Mulcair was up next, and raised their opposition day motion topic of marijuana decriminalisation for simple possession. Jody Wilson-Raybould noted that they can’t just decriminalise without ensuring that children could not access it. Mulcair gave it another go in English, got the same same answer, and then he pivoted to take on the scourge of bank fees. François-Philippe Champagne reminded him that the government doesn’t regulate the day-to-day operations of banks. Mulcair asked again in French, and got much the same answer.
"Tens of millions" of Canadians are being slapped with criminal records for simple possession, says Mulcair. #QP
— Dale Smith (@journo_dale) June 13, 2016
Mulcair says "tens of thousands" in English. "Millions" may have been a bad translation. #QP
— Dale Smith (@journo_dale) June 13, 2016
Roundup: Save your prayers
As reaction to the Orlando shooting started to roll in, the rote phrase of “thoughts and prayers” was pretty much stock on most public officials’ tweets and posts, including in Canada. The Governor of Florida went so far as to say that now was a time for prayer. And yes, reaction to these kinds of events is now rote and ritualised, and it gets worse with every time that it happens.
https://twitter.com/scott_gilmore/status/742066737995231232
In this particular incidence, however, people calling for prayer are precisely the wrong thing to say. Why? This was a crime directed at the LGBT community (in this instance, particularly gay men), and it should not bear reminding that this is a community that has to deal with spiritual violence directed toward them on a consistent basis. What exactly do you think that calling for prayer for a community that is constantly told that they’re going to hell means to them? Do you think it somehow comforts them to know that the same god who is wielded against them is supposed to be looking after them? Really? As well, the fact that the word “homophobia” is absent from most of the leaders’ statements is a problem in my opinion.
Mentions terrorism, not homophobia. https://t.co/4w87TXWkwh
— Dale Smith (@journo_dale) June 12, 2016
“Domestic terror attack targeting the LGBTQ2 community” but doesn’t say homophobia. https://t.co/LliZuufmWW
— Dale Smith (@journo_dale) June 12, 2016
While it’s all well and good to call it domestic terrorism – which it undoubtedly is – the problem with that narrative, particularly with an ostensibly Muslim shooter (that he may have declared allegiance to ISIS being entirely irrelevant) is that it diminishes the act perpetrated against the targeted community. Both Trudeau and Ambrose are supportive of the LGBT community, of that there is no doubt, but for them not to call out homophobia point blank is disappointing, particularly because words matter, and when the word they choose is “terrorism,” it sets up for a specific response, and in today’s climate, that response gears toward Islamophobia instead. Across the Twitter Machine, people insisted that it was Islam who planted the seeds of homophobia in the shooter, which is rich considering how much the Christian right-wing in America uses blatant homophobia (and more recently transphobia) for political ends. But suddenly these same American politicians care about the lives of 50 people gunned down in a gay nightclub (without ever having to say the words “gay” or “homophobia,” natch). Fortunately, things are a little better on this side of the border.
.@keithjs Screenshot of Rempel’s FB message: pic.twitter.com/1t0kPEBgSu
— Dale Smith (@journo_dale) June 12, 2016
Needs to be shared: I am an openly gay MP elected by the largest Muslim community in Canada #cdnpoli #orlando #DVW pic.twitter.com/tYD32elc1V
— Rob Oliphant (@Rob_Oliphant) June 12, 2016
I would like to see more statements like Rempel’s, where homophobia is called out, and there are no calls for prayer; and likewise with Oliphant’s, who reminds people that Muslims are not automatically homophobes or hate-mongers. Words matter. We should ensure that they are used wisely.