Tag Archives: National Security

Roundup: The bravery of a hollow stand

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Over the weekend, The Canadian Press had an interview with out gay Conservative MP Eric Duncan, talking about his fight against the blood donation deferral period for men who have sex with men, while at the same time members of his own party have been fighting the bill to ban conversion therapy. And while it’s great that the Conservatives finally have an out gay MP (previously, their only out member was Senator Nancy Ruth, though they had ministers like John Baird were out in their private lives, but simply refused to acknowledge it in the media), and that their new leader professes to want to be more inclusive (apparently in spite of his own members), there is nevertheless something a bit off with the way this has all played out.

The thing about Duncan’s apparent “bravery” with talking about the blood donor policy as a result of his own history with being rejected is that this is not something the government can actually do anything about because Canadian Blood Services and Héma Québec are arm’s length, and Health Canada’s regulatory role is outside of the minister’s purview. Yes, we can ask questions as to why the Liberals promised to end the ban if they couldn’t actually fulfil their promise, but for Duncan (and for that matter, the NDP) to try and hold the government to account for something that they can’t actually do is a problem. Likewise, they too would be making promises that either they can’t keep, or they are proposing a massive and troubling overreach where the government would wind up asserting jurisdiction, bigfooting those arm’s-length agencies, and setting precedents for bigfooting other arm’s-length bodies in the future, which is a very bad thing that we should be very concerned about.

As for the conversion therapy bill, there were no “common sense amendments” that would make it acceptable to the Conservatives without gutting the bill. The bill would not criminalize conversations between parents and children, or with pastors, and this constant fear that social conservatives have had for decades as LGBT+ rights have progressed has never come true, and yet they will keep banging on that drum. As for the refrain that certain senators are pushing that “the government had six years to do this” is disingenuous. There is only so much time in parliament and only so much capacity in government to get everything accomplished, and it’s not like we didn’t have anything else happening over these past six years (such as a crash in oil prices, the Donald Trump years, getting climate legislation passed, advancing the cause of Indigenous reconciliation, of when it comes to LGBT+ issues, getting trans rights enshrined in law – again to these same social conservative fears of criminalization). Governments can’t do everything at once, and these people know that. Don’t fall for the rhetoric.

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Roundup: Parliament versus itself

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Not unexpectedly, the Speaker of the House of Commons has declared that he’s going to fight “tooth and nail” for Parliament’s right to demand whatever documents they want – as well he should. But this is a very complex issue that becomes parliament fighting against itself, because of the obligations in places like the Canada Evidence Actthat triggered the process that the Attorney General had to undertake around those Public Health Agency documents related to the National Microbiology Lab firings.

With that in mind, here is some context as to what the Canada Evidence Act demands, and why this is not Justin Trudeau personally defying the will of parliament, but the government following its own laws.

For a further breakdown of the legal balancing act involved, and what the court process for this will look like, read through this thread (which was a little too long to simply post, but a couple of highlights are below).

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Roundup: Another 751 unmarked graves

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There was yet more sobering news yesterday, that as many as 751 unmarked graves were located near the former Marieval residential school in Saskatchewan. Aside from the sheer number, some ways in which this site differs from Kamloops is that not all of the graves will be of children, and that many had headstones, which the Catholic Church removed in the 1960s during a dispute – which is a criminal offence, and the local First Nations chief said that they are treating this like a crime scene. And non-Indigenous Canadians should brace themselves, because we’re going to hear about hundreds, perhaps thousands, more of these graves over the next few years as the work of locating them ramps up, making it impossible to ignore the true face of our country’s history.

In response to the announcement, prime minister Justin Trudeau stated that this is Canada’s responsibility to bear, which was met by the usual calls that this was not enough action. The government has already committed to funding these searches in accordance with the wishes of local First Nations communities, as not all of them want the same approach, and Marc Miller said that they are open to boosting the funding if the need is there. There are also calls for an independent inquiry into these sites, but that could be a complicated structure if it requires provinces to get involved (and it likely will), and we could find ourselves with a repeat of some of the problems faced by the MMIW inquiry if that is the case.

Of course, the government’s response was made all the more problematic because Carolyn Bennett sent a spiteful one-word text to Jody Wilson-Raybould, who then tweeted it out and declared it to be “racist and misogynistic,” listing the tropes that she felt it invoked. Bennett publicly apologised and stated that it was their “interpersonal dynamics” that got the better of her, by which she means that the pair pretty much cannot stand one another, which lines up with the stories of their fights in Cabinet. It doesn’t excuse it, and Bennett absolutely should know better (especially because Wilson-Raybould has demonstrated that she keeps receipts), but that hasn’t stopped this from eclipsing some of the coverage of the day, which should have focused on Marieval, and what the next steps need to be.

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Roundup: Annual amnesia and Estimates abrogation

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The House of Commons has risen for the summer, with four priority bills having made it to the Senate – including the budget implementation bill – but the rest of their “priority” bills languishing on the Order Paper. And the main party leaders spent the day sniping at one another in their respective press conferences, not necessarily telling the whole truth of the situation along the way, because that’s the way this particular game gets played.

It’s also that magical time of year when Hill reporters realise that the Senate exists and doesn’t operate in the same way that the House of Commons does, and we go through the ritual song and dance of worrying that bills won’t get passed before the Senate rises for the summer, and some usual tough talk by certain senators that they won’t be pushed around and they won’t fast track bills, until they do. We go through this every June, and every June, they push through these bills to ensure that they get royal assent before they leave for the summer. And no, the Senate’s calendar is not as fixed as that as the House of Commons, and yes, they do frequently sit later in order to get these bills passed. There is also the annual ritual of the government leader insisting that they really shouldn’t amend these bills because that would mean recalling the House of Commons, and that costs x-number of dollars per day and that’s apparently a bad thing for democracy (no, I don’t get the logic either), and with the constant speculation of an election, we’ll get additional concerns that they really can’t amend these bills because of that fact, and after some requisite chest-thumping, most senators will back down and pass the bills unamended. Yes, this happens every year, and it might behove these Hill reporters to remember this every year.

There is, of course, a more alarming aspect of what has transpired in this particular year, which is that several House of Commons committees didn’t do any scrutiny of the Estimates for the departments they are responsible for overseeing, and this is absolutely bloody alarming. This is the whole gods damned point of Parliament, and because they were wrapped up in their procedural warfare, that fundamental job didn’t get done. (And because of rules written in the sixties, Estimates that aren’t signed off on are deemed adopted, which is another outrage that they have not corrected). This should never have been the state of affairs – and I will note that some of those committee chairs offered additional sittings to ensure this scrutiny happened, but the MPs on those committees didn’t agree to it, which is an absolute outrage. That is your number one job as an MP, ahead of all other considerations, and you blew it because you were too busy grandstanding and/or protecting ministers who should have fallen on their swords, and we have further undermined our parliament as a result. Slow clap, MPs – stellar job.

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QP: One last kick at the hybrid can before summer

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For the final sitting day of the spring, the Liberal benches were once again empty save for Mark Gerretsen, the prime minister planning to appear by video from quarantine. Erin O’Toole led off in person, script on his mini-lectern, and he worried that over five years the government has grappled with Operation Honour, and wanted the prime minister to confirm that the defence minister had never hired someone who was found to previously dismissed from an employer for sexual misconduct — obviously laying a trap because he has something he plans to unveil. Trudeau gave praise to Sajjan for his service. O’Toole noted that Trudeau didn’t really answer and gave him another opportunity, and Trudeau praised their work in changing the culture in the military. O’Toole gave him yet another opportunity in French, and Trudeau repeated that they were taking concrete action make this culture change. O’Toole then raised the contracts to Tom Pitfield’s data services company, and wondered if he had been given any other contracts, and Trudeau noted that the casework database their MPs use, it has strict separation from the party database, and warned against cheap attacks. O’Toole raised two other contracts to Pitfield, noted that they were going to crack down on corruption, and wanted the same from the prime minister. Trudeau dismissed the “baseless personal attacks,” and raised the work they were doing for Canadians.

Yves-François Blanchet, in a somber tone, asked the prime minister to reflect on their choice to create two classes of seniors by giving additional benefits for those over 75, and Trudeau recited that they are always there for seniors and that older seniors have greater needs. Blanchet then wanted the prime minster to increase health transfers to promises, and Trudeau reminded him that they have sent billions to the provinces for help in the pandemic, and that eight out of every ten dollars of assistance were federal dollars, but discussions on increasing transfers were coming in the future.

Jagmeet Singh complained that the ultra rich were not being prosecuted for tax evasion while the government was cutting pandemic benefits, for which Trudeau praised the actions they have taken to help Canadians. Singh then decried that the remaining boil-water advisories on First Nations could take five more years and accused this of not being a priority to the government, and Trudeau reminded him of how many advisories they have solved, and that pretending they did nothing was just misleading and cynical politics.

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QP: Not a question, but a direct plea

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On what promises to be the second last QP of the spring sitting, the three opposition leaders were all present, while Justin Trudeau as only available remotely, being in quarantine, once again leading only Mark Gerretsen in the Chamber. Erin O’Toole led off in person, in French, where he read a script about the military ombudsman’s comments on ministerial interference in investigations. Trudeau assured him they were working on the structural and cultural change necessary, including appointing Louise Arbour to reviewing the situation. O’Toole repeated the allegations in French, but didn’t phrase it as a question, but turned it into a plea to Canadians to vote out the Liberals. Trudeau repeated his same response in English. O’Toole then turned to the non-story about the Liberals paying for data services to a company owned by a friend of the prime minister. Trudeau stated this was for constituency casework, which was kept separate from political databases, and all rules were followed. O’Toole tried to turn this into an expansive statement about Liberal “corruption,” and demanded to know if any other contracts were given to Tom Pitfield, and Trudeau talked around the Conservatives slinging mud and hoping to see what would stick. O’Toole produced a document that claims that a contract was given to Pitfield, and Trudeau reiterated that the Conservatives were only focused on narratives and not facts, that all parties use case management databases, and all rules were followed.

Yves-François Blanchet led for the Bloc, in person, and complained about the new border measures announced yesterday, complaining they were arbitrary. Trudeau insisted this was part of a gradual reopening and more stages would be announced soon. Blanchet complained there were more rules than variants, and Trudeau said that while the leader of the Bloc may want simple answer, but they needed to ensure that Canadians were kept safe. 

Jagmeet Singh led for the NDP, and he railed about that military ombudsman’s report, and Trudeau read that they have been committed to structural and cultural change, and that they have taken more concrete actions recently, including some new appointments and $236 million in the budget. Singh switched to French to complain that some benefit were being reduced, and Trudeau recited that they were there for as long as Canadians needed them, and pleaded with the NDP to pass the budget.

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Roundup: Clown show at the bar

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The move to call the Iain Stewart, president of the Public Health Agency of Canada, to the bar of the House of Commons yesterday, was a complete clown show. After the Speaker read his admonishment, the Chamber descended to a back-and-forth of points of order, points of privilege, and a discussion of moving a motion on sending the Sergeant-at-Arms to the PHAC offices to search them and seize the unredacted documents (and good luck with that, given that secret documents are meant to be kept in secure cabinets).

I found it exceedingly curious that none of the opposition leaders were present for this spectacle, given that they would doubtlessly like to use it for their own partisan purposes. I am also deeply unimpressed that the government only presented other possible options for the disclosure of those documents, such as only turning them over after more security measures were in place and the Commons Law Clerk had assistance from national security officials to ensure redactions could be done properly and in context, after the admonishment happened, which they should have done beforehand to prevent this incident from ever having taken place.

I’m not sure that a security-cleared Commons committee could have prevented this whole incident, because the committee that started this whole state of affairs is not the Defence committee (which is the natural place for such as security-cleared body) but the Canada-China committee, which was a make-work project of this current parliament set up in large part because Conservatives are trying to use China as their wedge issue, and the government went along with it. The whole demand for these documents is overblown partisan theatre, considering that the firing of the two scientists was almost certainly a paperwork issue (based on the reporting by those who have been on this story for two years), but the fact that the Lab is a secure facility simply complicated matters. This whole incident is one trumped-up incident after another, until it all combusted, and it’s no way to run a grown-up democracy, and yet here we are. Nobody comes out of this looking good.

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QP: Why are you sending cheques?

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It’s the beginning of the last week of the sitting calendar, and none of the leaders were present, in person or virtually. The Liberal benches once again remained virtually empty, save Anita Vandenbeld, who swapped with Mark Gerretsen a short while later. Candice Bergen led off in person, raising the story that Liberal MPs have been sending cheques to Tom Pitfield’s company, given his friendship with the prime minster. Pablo Rodriguez responded that this was for a system to help manage constituency files. Bergen tried again, and this time Rodriguez insisted that the Conservatives were obstructing the agenda. Bergen, after starting off with the wrong script, then demanded that the government demand that the president of PHAC turn over documents related to the National Microbiology Lab firings, for which Patty Hajdu admonished her for playing games with national security, given that the documents were given to NSICOP. Gérard Deltell took over in French to repeat the demand, and Hajdu warned that the Conservatives were playing a dangerous game with national security, and quoted Thomas Juneau about his concerns. Deltell tried again, and Hajdu quoted Stephanie Carvin this time.

https://twitter.com/StephanieCarvin/status/1407050831128584198

Alain Therrien led for the Bloc, and demanded that EI reform better cover people in the cultural sector, and Carla Qualtrough assured him they were working to do just that. Therrien couldn’t take yes for an answer and demanded again, and Qualtrough insisted that the best thing they could do was to pass the budget.

Rachel Blaney conflated the bodies at residential schools with the court case challenging the Human Rights Tribunal ruling on First Nations children, for which Mark Miller stated that there were competing concerns in class action lawsuits, which is why they we negotiating compensation for them. Leah Gazan raised a Black Lives Matter protest about police state violence, and Bardish Chagger stated that they take the calls to action seriously, which is why they took measures in the budget to address this work.

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Roundup: Being called to the bar of the Commons

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Following the motion in the House of Commons that the head of the Public Health Agency of Canada has been found in contempt of Parliament for refusing to turn over national security documents to a House of Commons committee, and is being summoned to the bar of the Chamber on Monday, said PHAC president is faced with a possibly impossible choice – if he turns over the documents, he is in breach of the Privacy Act and the Security of Information Act. If he doesn’t turn them over, he is in contempt of Parliament and its powers of production – and he has not been guaranteed immunity if he turns those documents over, not that the MPs who demand these documents care.

What is perhaps more worrying is the apparently cavalier way in which this is being dealt with, as there is very little security around this. The Canada-China committee, which wants these documents, has no security clearances, nor are their communications even secure – the “hybrid” sittings are done over Zoom, and while it’s a slightly more secure version than the commercial one, it’s still not actually secure. As well, I am not particularly moved by the fact that they say that any redactions will be done by the House of Commons’ law clerk, because I’m not sure that he has the necessary security clearance to view the documents unredacted, nor does he have the background and context to read those documents in and apply redactions properly. This is a pretty serious issue that these MPs are handwaving over, and frankly, the way that they have abused the Law Clerk and his office over the course of his parliament by demanding that he perform the redactions on millions of documents that could wind up leaking commercially sensitive information has been nothing short of shameful. It certainly hasn’t been filling me with any confidence that any of the information will be treated with proper seriousness considering that they aren’t promising actual safeguards – or immunity. It very much makes this look more like grandstanding over a proper exercise in accountability.

Meanwhile, here is a history of people who have been summoned to the bar in the Commons, the last time which was in 1913, where the person refused to testify, and spent four months in a local jail until the parliamentary session expired. It’s a power that has very much fallen into disuse, but interesting nevertheless.

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QP: Preferring grandstanding to accountability or oversight

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While the prime minister remained in quarantine, we actually had three Liberals in the Chamber, for a change — Mark Gerretsen, Francis Drouin, and Marc Serré. Erin O’Toole led off in French, and read his scripted list of Sajjan’s alleged sins with a lot of conflation rather and random elements thrown in, and demanded his resignation. Chrystia Freeland started off by saying no woman should be subject to sexual misconduct, especially in the Forces, and added that they were committed to eliminating the toxic culture in the military. O’Toole switched to English to call on Liberals to vote for their motion to censure Sajjan, and Freeland repeated her response in English. O’Toole insisted that the toxic culture started with the prime minister, and wondered what Freeland knew of the Vance allegations, and Freeland responded by listing the great things on Sajjan’s record as minister. O’Toole then switched back to French and demanded the unredacted documents related to the National Microbiology Lab firings, and Freeland assured him that they take national security seriously. When O’Toole then ratcheted up the politicisation of NSICOP and stated that Conservatives would withdraw from the committee, and Patty Hajdu, a little flat-footed, said that she was disappointed to hear O’Toole say that.

Marilène Gill led for the Bloc, and she gave a rather torqued reading of what the vote on yesterday’s Supply Day motion on provinces amending their constitutions, and demanded the federal government apply Quebec’s Bill 101. Mélanie Joly assured her their legislation would protect French. Gill pushed the matter, and Joly accused her of pushing a sovereigntist agenda.

Alexandre Boulerice rose for the NDP, and in French, demanded the further extension of pandemic benefits, for which Carla Qualtrough listed the benefits in Bill C-30, which was why they needed it to pass. Heather McPherson repeated the question in English, and Qualtrough repeated her response.

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