Tag Archives: NSICOP

Roundup: Ending the defence committee study

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Something unexpected happened yesterday, in that the Defence committee voted to end the study on the allegations against General Jonathan Vance – the Liberals moving the motion, and the Bloc supporting it (which was the real surprise). Of course, ending the study comes with a number of different narratives. For the Conservatives and the NDP, this is all about the government trying to “cover up” what happened, because they won’t allow staffers to testify – nor should they. The concept of ministerial responsibility is inviolable in our constitutional framework, and the government should be fighting to maintain it, and yes, they have put the minister forward in this case several times, so that does matter. For the Liberals’ decision to move to end the study, it’s also at the request of some victims’ groups, who have stated that every past government is at fault, and that the committee is simply using the victims in order to score partisan points – and they are 100 percent correct in that assertion.

I do find it disturbing, however, that in most of the reporting on what has gone on, media have followed the opposition narrative that staffers are being “blocked” from appearing, and that the only time that ministerial responsibility is mentioned, it’s in quotes and being both-sidesed in terms of the government’s response. This is a real problem because it is undermining this fundamental principle in our democracy. This is something that should be explained, including why it’s wholly improper for the opposition to be demanding that this important principle be violated, and why when the Conservatives were in government, they repeatedly invoked the same principle as well to keep their staffers away from committee. Constitutional principles matter – they’re not just to be dismissed as a “process story” as so many journalists and editors are wont to do in this city, and it cheapens the discourse when this context is being left out of the stories, and when the government’s correct position is being spun as being improper.

Of course, if the government is going to claim ministerial responsibility, that doesn’t just mean Sajjan has to show up (which, to his credit, he did for six hours) – Sajjan has to actually take responsibility as well, and he hasn’t. And more to the point, Sajjan should fall on his sword for this, because he did drop the ball. He remained way too incurious about the allegations and whether an investigation was being carried out – which is not the same as involving himself in the investigation or meddling in it. It’s basic due diligence for someone who is responsible to Parliament for the armed forces and its leadership, and he failed in that due diligence. Sajjan has no choice but to resign over this, and it will be a giant sign that Justin Trudeau is not taking this seriously if he doesn’t insist on a resignation in short order.

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Roundup: More alike than unalike

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The NDP decided that the bilateral meeting between Justin Trudeau and Joe Biden was the perfect time to take to shitposting about it, in the form of a juvenile mock-up of the agenda items, and making their remarks on them. Because this is where we’re at in this country – our two main opposition parties have decided that the online tactics of shitposting are definitely the way to win the hearts and minds of Canadian voters.

In the NDP’s case, this is not only about trolling Trudeau, but also Biden, because they have made a concerted effort to appeal to the Alexandria Ocasio-Cortez/Bernie Sanders fanbase – consistent with their lifting their policy ideas wholesale, no matter whether or not they have any relevance in the Canadian context. This tends to involve a certain amount of trying to “win the Internet,” whether it’s with Jagmeet Singh adopting TikTok memes, or the culmination of this attempt to co-opt American Democrat cred when Singh and Ocasio-Cortez played Among Us over Twitch as part of a fundraiser. As a more centrist, compromise candidate, Biden is seen as a betrayal of the progressive wing of the Democrats, and you can bet that the Canadian New Democrats trying to appeal to them is going to cash in on that as much as possible.

None of this should be too surprising, however – the NDP have long-since abandoned any real sense of ideology for the sake of being left-flavoured populists, running after flavours of the week and pursuing policies that don’t actually make sense for their own purported principles (like their demand to cut the HST off of home heating, which would only disproportionately reward the wealthy). In this way, they have been more like the Conservatives than unalike for a while now, but with this full-on embrace of shitposting (as opposed to simply the mendacious omission of jurisdictional boundaries in their demands) just drives that point home.

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Roundup: Trudeau in isolation

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The pace of COVID-19 news was relentless yesterday, culminating in the news that Sophie Grégoire Trudeau had tested positive for the virus following her trip to the UK, and that the prime minister would be isolated for the next two weeks as a result. He’d already announced earlier in the day that he was self-isolating while his wife was undergoing testing, and that he would be working from home, but it also meant the cancellation of the First Ministers Meeting – to be held later today by phone – and the indefinite postponement of said first ministers meeting with Indigenous leaders. Not to be outdone, Jagmeet Singh also announced that he was self-isolating because he was feeling “unwell.” And while more events get cancelled, Peter MacKay and Erin O’Toole have stated they will suspend public campaign activities for the time being (though one suspects that this will simply escalate into a shitpost war online as they battle for votes in that space).

The big question now is whether or not Parliament will suspend for the coming weeks, and there are moves afoot – the Senate has been recalled to sit tomorrow (they usually don’t sit Fridays), and the talk is that the Commons will pass the New NAFTA tomorrow morning, and send it to the Senate immediately for passage so that if there is a decision to suspend, that will be out of the way. And it should be noted that the Senate did to pre-study on the bill while it was still in the Commons, so that will expedite the passage in the Senate, provided that twelve different senators don’t feel the need to give useless Second Reading speeches (because that’s a real danger these days).

Once again, Maclean’s has resources on symptoms and how to get tested.

Meanwhile, Paul Wells gives a decent reading of the year to date, and makes the case that First Ministers’ meetings are pretty useless these days so the cancellation of this one is not a big loss. Heather Scoffield ensures that you know where to place the blame for the markets crashing and wiping out retirement savings. And here’s infectious disease specialist Dr. Isaac Bogoch on what we can expect over the next two weeks.

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Roundup: Self-isolating MPs

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Yesterday evening, Seamus O’Regan tweeted that after a persistent head cold, he went to his doctor and was self-isolating until he got the results of the COVID-19 test that he got. Around the same time, former Conservative Cabinet minister (and sexting blackmail victim) Tony Clement was on Power & Politics saying that it may be time to think about taking Parliament “digital,” and holding debates and votes remotely for the duration. Yeah, that’s a big nope.

I get that being a politician is a tactile business, and there are concerns that the House of Commons is essentially one big cruise ship, however Parliament needs to happen face-to-face. It’s inconceivable that it could be done remotely because so many of the needed conversations happen off-camera and on the sidelines. That can’t be replicated by everyone working remotely. Should they take additional precautions? Sure – additional hand-washing, practicing social distancing when they take meetings, and so on, but that’s not exactly a big hardship. And it’s not like there aren’t a number of constituency weeks coming up for MPs to hunker down if they need to, and even though it may be a hung parliament, there are more than enough provisions for members from different parties to “pair” absences so that there are no accidental losses of confidence in the meantime (because as much as the Conservatives claim they want an early election, this is largely bravado as their party organization is in chaos and they are in no shape for it, not to mention that neither the Bloc nor the NDP want one either, and they have the votes that count).

The bigger danger, however is contagion – not of the virus, but of the notion that MPs can “work remotely,” which many have been pushing for in the ongoing effort to make Parliament more “family friendly.” But that way lies madness – MPs won’t bother to leave their constituencies, believing they can do more good there (even though constituency work is actually not part of their job description), and without those sideline conversations, it will polarize the environment even more than it already is. Recall how collegiality was shattered after evening sittings were ended and MPs no longer ate dinner together – this would make it that much worse, if they no longer have to look one another in the eye or cross paths. This nonsense needs to be quashed here and now. You can’t Skype Parliament.

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Roundup: A sledgehammer solution

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Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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Roundup: Defence intelligence and their limits

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Some of you may recall that recently, the National Security and Intelligence Committee of Parliamentarians submitted a report to the prime minister, which was later made public, about how military intelligence in this country is large and vaster than most people anticipate. The Canadian Press recently obtained the August 2018 federal directive about what kinds of personal information that defence intelligence is able to collect and keep, and it turns out that they can indeed keep some of that information, even if obtained by chance, so long as it supports a legitimate investigation. You may recall that at the time of the NSICOP report that there were calls for its activities to be bound by statute instead of by Crown prerogative, as it is currently. With that in mind, here’s Philippe Lagassé with some context on why that may or may not be a good thing.

https://twitter.com/PhilippeLagasse/status/1137787804979748865

https://twitter.com/PhilippeLagasse/status/1137789288127631361

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Roundup: Mark Norman and the culture of leaks

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As the Conservatives try to keep the Mark Norman affair in the news – currently demanding committee hearings with a laundry list of witnesses, as though that had any chance of happening this close to an election when Parliament is seized with trying to get as many bills through the process as they can – there are a couple of new bits of information that I have a hard time fitting into the established factual matrix. The one that the CBC published yesterday was that it was revealed that Norman was authorized by the Harper Cabinet to communicate with Davie Shipyard – because they were using Norman to doing an end-run around the then-Chief of Defence Staff, who was opposed to the lease and refit of the supply ship. I’m not sure entirely how this would be the piece of information to exonerate him, given that he’s alleged to have leaked the news of the pause on the process to a lobbyist and a reporter as a way of pressuring the government to restarting it (which they did in short order). You also have to wonder why Peter MacKay would have sat on this bit of information for all of these months only to pull it out now rather than defend Norman in public with it. None of it makes any actual sense, but that’s where we are.

In light of the case, the National Post has a piece about the use of leaks in Ottawa, and the currency around them – how governments use them to manipulate journalists, how bureaucrats use them to even scores, and very occasionally they’re used to hold people to account. The question the piece asks is why, in a city of leaks, Norman was being made an example of, but I’m not sure it’s a question we’ll get an answer to anytime soon. While it’s a good overview, I keep going back to The Thick of It, and the discussion around leaks during the Goolding Inquiry, when Malcolm Tucker described leaks as essential to release the pressure going on in government, lest things get dark if they didn’t. And I do think there’s an element of that, but given the exercise we just went through during the Double-Hyphen Affair, and the competing leaks and denials, I find myself wondering if We The Media need to exercise a bit more self-reflection in our use of them, rather than simply allowing ourselves to be manipulated because we think it’ll be good for our careers. (Or maybe I’m just being naïve).

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Roundup: Statute or prerogative?

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Because there was (thankfully) not a lot of news this weekend, and I just can’t about the Alberta election right now (seriously, does nobody realize the how much fire they’ve playing with by stoking anger and making unrealistic promises?) I’m instead going to leave you with some food for thought from Philippe Lagassé about the National Security and Intelligence Committee of Parliamentarians’ report and the calls for military intelligence to be a subjected to a statutory framework rather than carrying on operating under Crown prerogative, as they currently are. Enjoy.

https://twitter.com/PhilippeLagasse/status/1117440021689016320

https://twitter.com/PhilippeLagasse/status/1117441870907330560

https://twitter.com/PhilippeLagasse/status/1117444492477353984

https://twitter.com/PhilippeLagasse/status/1117447616806047745

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Roundup: An important first report

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While everyone was focused on Jane Philpott’s attempt to claim that the provisions in the garbage Reform Act weren’t met as it regards her expulsion from caucus, a much more important event was taking place, which was the release of the National Security and Intelligence Committee of Parliamentarians’ first public report. This is the first time that Canada has seen any kind of public oversight into our national security and intelligence services, and it was important to see. One of the things that they focused in on was the oversight of military intelligence operations, for which the military thanked them for their suggestions on improving governance, but balked at the proposal for a legislative framework.

Nevertheless, the expert in this stuff is Stephanie Carvin, so I will turn over the reactions to her (full thread starts here):

https://twitter.com/StephanieCarvin/status/1115716056247676929

https://twitter.com/StephanieCarvin/status/1115717071185301504

https://twitter.com/StephanieCarvin/status/1115717072657502210

https://twitter.com/PhilippeLagasse/status/1115678714291871746

https://twitter.com/PhilippeLagasse/status/1115683292928299008

https://twitter.com/PhilippeLagasse/status/1115688317452935168

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Roundup: Trying to make a garbage bill relevant

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Over the past couple of weeks, Conservative MP Michael Chong has been trying to make “Fetch” happen – or rather, trying to make his Reform Act relevant again, first by taking to the Twitter Machine to outline the process outlined in the Act for ousting a party leader (as though the Liberals were seriously considering dumping Justin Trudeau), and later to insist that it laid out a process for expelling MPs from caucus. The problem? Well, there are several, but the most immediate one is that the Act requires each party to vote at the beginning of each parliament whether they will adhere to the provisions or not – and lo, none of the parties voted to. Not even Chong’s. It was always a garbage bill – I wrote a stack of columns on that very point at the time it was being debated – and it made things worse for parties, not better, and ironically would have made it even harder to remove a party leader by setting a public high bar that the pressure created by a handful of vocal dissidents or resignations would have done on its own. It also has no enforcement mechanisms, which the Speaker confirmed when Erin Weir tried to complain that it wasn’t being adhered to. But why did this garbage bill pass? Because it gave MPs a warm feeling that they were doing something to “fix” Parliament (and in the context of doing something about the “dictatorial” style of Stephen Harper under the mistaken belief that his caucus was searching for some way to get rid of him, which was never the case).  It had so neutered it in order to be palatable enough to vote on that it was a sham bill at best, but really it did actual harm to the system, but Chong was stubborn in determining that it should pass in its bastardized form rather than abandoning it for the steaming hot garbage bill that it was.

And now, with Jody Wilson-Raybould and Jane Philpott’s ouster from caucus, Chong has been trying to make the rounds to claim that the move was illegal without a vote – err, except no party voted to adopt the provisions, which is pretty embarrassing. And yet he keeps trying to sell it to the public as though this were a done deal.

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