Tag Archives: Privacy

Roundup: New Cabinet Eve

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Welcome to Stephen Harper’s last day as Prime Minister. Tomorrow is the big day, and if you’re in Ottawa and want to take part, well, Rideau Hall is getting it all set, with big screens on the grounds, and helpful hints on attending (like you can’t park there and you’d better wear comfortable shoes, because you might be standing from 10 am to 1 pm). The cabinet will also apparently arrive by bus rather than everyone in their own individual cars, and it sounds like there will be some sort of interaction with the crowds, so I guess we’ll see how that all goes when it happens. Suffice to say, it again marks a change in tone from the last guy. If you’ve missed the others so far, Kady O’Malley gives a good primer on how to form a cabinet, while Nick Taylor-Vaisey fills you in on some more of the background details, like just what is a cabinet, and what are the oaths you need to sign? And no, I’m not going to engage in any cabinet speculation, because it’s a bit of a mug’s game at this point. I also don’t really want to get into the “gender quota versus merit” debate because it’s not a debate. There have always been quotas, be it linguistic, regional or even religious (when that mattered), more than merit, and I can’t believe that this is even a conversation, but whatever. The real question is how many women get into the “big” portfolios of finance, foreign affairs, justice, or defence.

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Roundup: TPP a Caretaker conundrum

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The Trans-Pacific Partnership talks are taking place right now, with the possibility that a deal could be struck with Canada while we’re in a writ period. The optics of this are a bit fraught, because if the government gets the deal signed, then they can crow about their prowess on the campaign trail, and how they’re signing deals to boost our economy. But the flip side of that coin is that a really big deal may be a kind of violation of the Caretaker Conventions that govern how an incumbent government operates during a writ period. Remember that we can never be without a government even when Parliament is dissolved – they just need to exercise restraint, and can’t implement major policy changes or make appointments during that period. This time around, however, the government released the Convention guidelines publicly while adding specific exemptions about negotiating trade deals. On the one hand, there is a certain amount of sense – do we really want to hold up the eleven other countries while we are in an extra-long election period? (Note that there seems to be a desire to conclude the deal before the American election gears up to full-on insanity mode). One of the arguments is that there should at least be some kind of consultation with opposition leaders if the negotiations continue during the writ period, and there are complaints that the TPP negotiations are unprecedented in their secrecy. What is not mentioned is that secrecy is deliberate considering how game changing this pact could be, particularly when it comes to weakening some of the tough subsidized markets in several member countries. And if you look at the reactions that rumours of deals around weakening Supply Management or auto parts content rules, and promises by other party leaders to maintain those protectionist policies, it’s hard not to see why they want to keep a lid on things until they’re finalised – particularly if the goal is actual trade liberalisation rather than just lip-service. It’s a delicate balance, and arguments can be made on both sides of the propriety of the government’s negotiations under the Caretaker Conventions. For example, Susan Delacourt argues the government is going beyond the Conventions. I’m not sure I have any answers, but I guess we’ll see what gets decided, and let the chips fall where they may.

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Roundup: The slippery slope of civic ignorance

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With Justin Trudeau adding his voice to those of the other leaders in completely misreading how a Westminster democracy works with the formation of government (albeit acknowledging that the incumbent does get the first crack), I think it’s quite apparent we’re in a crisis of civic literacy in this country. While Kady O’Malley gives a refresher here, there was an interesting idea posited by Leonid Sirota that we may be witnessing the birth of a new convention. I’m a bit sceptical about that, and would agree more with Emmett Macfarlane that it may be a political convention as opposed to a legal one, but it should also be a warning signal to our political actors that ignorance of the system, whether genuine or deliberate, does have broader repercussions. The system works the way it does because, well, it works. That’s why it evolved the way we did. To try and move it past that for crass political purposes demeans it, and opens a number of cans of worms that will do nothing more than create problems down the road that will be even bigger headaches. Better to learn and apply the system as it exists, rather than try to change the rules for petty reasons. Also, we need to stop dismissing these kinds of conversations as boring or pedantic because they matter. The rules matter. If we don’t point out what the rules are and that they matter, then it makes it easier for people to break them without anyone raising a fuss.

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Roundup: Disputing the AG’s claims

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The Senate feeding frenzy continues, complete with torqued headlines and inordinate amounts of time being given to the concern trolls in the NDP (who refuse to answer questions on whether they plan to campaign on opening the constitution if they truly believe in abolition). And why not? The Senate is an easy punching bag. More details continue to leak out, despite the fact that the full audit won’t be made public until Tuesday afternoon, which really makes one question who is doing the leaking and what their endgame is. The AG has hinted that it’s not his office doing the leaking, but if I were him, I’d be steaming mad about these leaks which are casting a pall over the report itself, and fuelling this breathless and hysterical coverage that remains to date largely devoid of a great many facts. The concern trolling over the two leaders and the Speaker has been particularly odious, and it’s hard to take these cries of apparent conflict of interest seriously when you look at the facts regarding their actual involvement and what they knew about their spending claims – just because they got requests for additional information, it didn’t mean that they knew they would be in the final report, and none of the three are being accused of any particular criminality. It was also made known that the Prime Minister wouldn’t have known that there were a couple of questioned expenses for Senator Housakos when he was appointed Speaker, but hey, PMO-conspiracy theorists won’t believe it regardless. While Senator Boisvenu stepped down from the Conservative caucus for the investigation, Liberal Senator Colin Kenny put out a release saying his response in the audit will speak for itself. Former Senator Gerry St. Germain disputes that he’s done anything wrong, as did Former Senator Don Oliver, and well, pretty much every one of the nine that were flagged for being egregious. It also bears mentioning that the audit itself cost over $21 million, and found less than a million in questionable spending, and that number is likely to drop dramatically once the arbitration process gets underway and a number of these cases are found to have been value judgements on the part of auditors (and yes, this is an actual problem with the way this was conducted). Some MPs and Senators think that MPs should have their own books looked over, and wouldn’t you know it, there are a whole lot of MPs who resist that notion – particularly the ones who have been so vocal about the Senate allegations. Meanwhile, the lawyers for suspended senators Wallin, Brazeau and Duffy are whinging that it’s not fair that their clients didn’t have access to this arbitration process, but there was a process at the time that they could have availed themselves to. There have been a lot of problems with procedural fairness with the way their cases were handled, and political expediency was the order of the day coming from the government’s side, but that doesn’t actually excuse any of the potential wrongdoing that they are alleged to have done, most of which far exceeds what most of the senators apparently named in the report did.

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QP: Senate reform questions from the past

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Even thought it was Thursday, half of the desks in the House of Commons were empty, and not one leader was present. Even the Speaker was absent, if that tells you anything. Peter Julian led off pointing to Brian Mulroney’s comments on Senate reform, apparently forgetting the years of drama that led up to the Supreme Court reference on the matter. Paul Calandra reminded him of said reference, and there was another round of the same in English, where Calandra more forcefully reminded him of a thing called the Consititution. Julian tried to wedge in a Duffy reference, at which point Paul Calandra brought up the NDP satellite offices. Niki Aston then got up to demand a national inquiry on missing and murdered Aboriginal women, and Kellie Leitch gave her standard reply of the action they are taking. Ashton demanded action by the government on First Nations files, to which Mark Strahl read a statement about action the government took with residential school survivors. Carolyn Bennett was up for the Liberals, and wanted a commitment to acting on all of the recommendations in the Truth and Reconciliation Commission report, to which Strahl gave the talking points about thanking the TRC for their work. Emmanuel Dubourg asked the same in French, got the same answer in English. To close the round, Dubourg asked about the slow GDP growth, at which points Pierre Poilievre got up to decry supposed Liberal tax increases.

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Roundup: Trying to politicize the GG

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In a move so stunningly boneheaded that I can scarcely believe it, the NDP have gone to Rideau Hall to ask the Governor General to wade in on the Senate residency issue – because there’s nothing like trying to politicise the GG to show that you mean business about a petty issue. It’s like Her Majesty’s Loyal Opposition doesn’t have a clue about what Responsible Government – the central organising principle of our democratic system – actually means. Here’s a refresher for their edification – the Governor General acts on the advice of the Prime Minister because the Prime Minister holds the confidence of the House of Commons, which is the chamber elected for the purpose of granting or withholding said confidence. The entire history of the struggle for Responsible Government in the colonies that became Canada, back in the 1830s, was because they wanted to control the appointments made by the Crown, rather than leave it up to the colonial masters in the UK. The entire history of Canadian democracy rests on the fact that it’s the elected government that advises the Crown on who to appoint, and not the other way around. And yet the NDP seem to suddenly think it’s cool to ask the GG to weigh in on which appointments he thinks are okay or not. Charlie Angus may tell you that he’s asking for an explanation and that he’s not trying to draw the GG into the “scandal,” but with all due respect, that’s a load of utter horseshit and he knows it. He’s trying to get the GG to tell him that the PM is wrong so that he has “non-partisan” authority to make the claim for him; that’s never going to happen. Ever. It is assumed that the advice the PM gives the GG is legitimate because the PM has the confidence of the Commons. That means that the quality of that advice is a ballot box issue – if we don’t like it, we get to hold that PM and that government to account by voting them out. It is not up to the GG to veto it unless it’s so egregious that it’s a blatant violation of the constitution, at which point he refuses the advice and the Prime Minister is forced to resign. But as much as Charlie Angus might like to think that Mike Duffy is some unprecedented scandal that rocks the very legitimacy of the Upper Chamber (which they don’t believe is legitimate anyway, so this is grade-A concern trolling on his part), it’s not a constitutional crisis. It’s just not. Even if Harper’s advice was dubious, it was up to Duffy to ensure that he lived up to the terms of that appointment, and ensuing he was a proper resident of PEI – which essentially would have meant a hasty house sale in Ottawa, buying a year-round residence on the Island (and not a summer cottage) tout suit, and then maybe renting an apartment or buying a small condo near Parliament Hill as his Ottawa pied à terre, being a legitimate secondary residence. Duffy did not do that. He instead got political opinions to ensure that he was okay with the summer cottage and a driver’s licence and that’s it, when clearly that was not enough. He bears as much culpability in this as the PM for making the appointment – not the GG. Charlie Angus should be utterly ashamed for this blatant attempt to politicise the GG, but I’m pretty sure he’s incapable of shame.

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Roundup: The Privacy Commissioner finally has his say

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Bill C-51 is now getting its review in the Senate, hearing from someone that the Commons didn’t – the Privacy Commissioner. What they got was an earful – there are some big problems with the information sharing provisions in the bill that would allow large amounts of personal information to be collected and shared between departments with little justification, and that his office would be swamped with work because of it. He’s also calling for oversight – like everyone else – and for the ability for different watchdogs to communicate with one another and coordinate their investigations in order to get a better picture of what these organisations are doing as they work together but their oversight remains siloed. Those other oversight bodies – SIRC and the CSE Commissioner – had much the same concerns when it comes to the ability to work together, and just keeping pace with the increasing scope and scale of operations. But will any of this have an effect? Maybe, as there are some Conservative senators who are concerned about these kinds of things and who may push back. But the government may bully through, and said senators may decide that this isn’t the hill they want to die on (which does happen), and they’ll let it go through. Suffice to say, the issue has not gone away.

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QP: Questioning the legal basis for Syria

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After a morning of marathon press conferences about the motion on extending the Iraq mission, all of the leaders were present and ready to go as QP got underway. Thomas Mulcair led off, asking about the legal basis for bombing in Syria, and the two different ones given. Stephen Harper insisted that it was clear that we were operating under the same basis as our allies were. Mulcair wondered if we got a formal request from the Iraqi government to that effect, but Harper just repeated his answer. Mulcair then wondered if Harper had written to the Secretary Genral of the UN about the justification, and Harper responded that the chances of ISIS’ lawyers raising a case were negligible. Mulcair called the response “idiocy,” and the Chamber erupted, and he was cautioned by the Speaker. Mulcair switched topics and asked about an apology in the Commons for the Komogata Maru incident. Harper insisted that they had already addressed it, before returning to the previous answer to batter Mulcair about his ideas of what constitutes the national interst of Canada. Mulcair quipped about Harper thinking himself above international law, before he asked about the plight of that Saudi blogger. Harper responded that he had already expressed his desire to see that blogger freed, before he returned to the topic of taking a strong stand against ISIS. Justin Trudeau was up next, asking about the language in the motion about taking on ISIS affiliates in other countries. Harper insisted they were not. Trudeau repeated it in French, got much the same answer, and for his last question, Trudeau asked about weak job growth and job losses. Harper insisted that the fall of oil prices was all the more reason to stick to their economic action plan.

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QP: On bombing Syria

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About four hours after Harper addressed the Commons about extending the Iraq mission, everyone gatherer again, all leaders present and full benches behind them. Thomas Mulcair led off, asking about the October statements that bombing in Syria would only happen with the permission of that government, and asked what changed. Harper responded that ISIS was taking refuge in Syria, and that we were following the lead of our allies in bombing across that border. Mulcair asked about the change in statements on painting targets, but Harper insisted that the government would act about the threat of ISIS. Muclair asked about how many new soldiers would be added, to which Harper insisted that those would not change. Mulcair asked for an exit strategy, and Harper responded by being “clear” about the threat that ISIS poses to Canada and the world. Mulcair wondered how Harper could still claim it wasn’t a combat mission, and Harper responded by wondering how the NDP could not support the mission. Justin Trudeau was up next, asking about the planning horizon for the combat role. Harper responded that the motion was for up to twelve months, and that they would continue to evaluate the situation. Trudeau wondered if our Special Forces would be operating in Syria, to which Harper assured him that the motion was only for them to continue training in Northern Iraq. Trudeau then wondered how Canada would communicate with the Assad regime to ensure that our fighters would not be targeted by Syrian air defences. Harper insisted that our allies were already doing it.

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Roundup: Rushing through the bill…again

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With the clock ticking down to the end of the current parliament, the government is going to start lighting a fire to getting C-51 passed over the next two weeks, before the Easter break. That means accelerating the committee hearings to largely stuff them in the next week, with lots of witnesses in single sittings and little time to hear from each of them. It’s not a surprise that the government would use this particular tactic again to ram though contentious legislation, as they’ve done repeatedly, because they apparently have little capacity or desire to actually do the due diligence that they’re supposed to when it comes to these kinds of bills. Not surprisingly, there’s going to be plenty of opposition to large parts of the bill, and some of those who do support parts of the bill are at least concerned that there’s not enough study of the ramifications, or that there is enough needed oversight. But will the government make changes? Unlikely. Adding their voices to the opposition to the bill over the weekend was the Canadian Bar Association.

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