Tag Archives: RCMP

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: Amendments and dysfunction

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There is some movement on legislation in the Senate, with the amended fisheries bill heading back to the Commons, as is Bill C-69 on environmental assessments. This bill was passed on division (meaning no standing vote) and will let the government reject all of those amendments made at committee that were essentially written by oil and gas lobbyists, which nobody had the intestinal fortitude to want to actually debate, preferring the tactic championed by the Leader of the Government in the Senate, Senator Peter Harder, to let someone else do the heavy lifting. That way the government can defeat the bulk of those amendments in the Commons on a whipped vote, and then Harder can say “the elected Chamber has spoken” while patting himself on the back for the amendments that did pass – likely only the ones the government itself proposed.

The bigger drama is being reserved for C-48, the tanker ban bill, as the whole Senate voted to overturn the committee report that recommended it not go forward, which was pretty much how I expected it to go. Given the torqued, partisan report that emerged, the talk about the committee being dysfunctional are ringing pretty true, but I’m not going to blame the Conservatives for that because the Independents aren’t stepping up. The likely next steps for this bill are for amendments to be debated at third reading, the bulk of which are likely to be defeated, and then the Conservatives will play procedural games with the debate so that Harder is forced to invoke time allocation on a final vote for it, because the Conservatives have set up that situation for him.

Meanwhile, there has been a lot of wailing and gnashing of teeth about the UNDRIP bill, particularly that the Senate didn’t vote to give the Aboriginal People’s committee permission to meet while the Chamber was sitting in order to discuss it – which isn’t actually a sinister plot. The Senate is set up so that the Chamber meets for only a few hours in the day and that committees don’t meet then, which also has major logistical considerations – they don’t have enough staff or interpreters to cover both, unlike the House of Commons. And to illustrate that, this thread by Chris Reed explains some of the procedural considerations of what happened. But also remember that in the midst of the Senate’s Order Paper crisis, nobody wants to take any responsibility and are content to blame the Conservatives for being “partisan.” They’re not the problem here.

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Roundup: Less helpful suggestions to fix QP

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At this time of year, we’re starting to see a number of reflective pieces about the state of our democracy, and over on The Agenda, they gave a thinkpiece about the state of Question Period in advance of an episode on the subject. While the piece is geared toward the state of things at Queen’s Park, there is applicability to Parliament, and the suggestions that the polisci prof that they cite in the piece makes don’t really offer anything constructive, in my opinion.

For example, he wants more questions from more members and no supplementals. I disagree, because if we were running things properly, supplementals offer decent back-and-forth exchanges where you can get better accountability by drilling into answers (or non-answers) provided. And as demonstrated in Parliament, especially on Fridays, just having more MPs asking questions doesn’t necessarily improve things because they’re all reading the same scripts, so you just get more MPs asking the same questions – which in turn becomes fodder for them gathering clips to be distributed over social media. He suggests that the parties determine who asks questions for the first two thirds and then the Speaker determine for the final third – well, that doesn’t actually help with the ability of the Speaker to “not see” frequent misbehaving MPs, as they will be the ones the party puts on their list. It needs to be all or nothing. Having the Speaker rule on the relevance of answers and to police friendly backbench suck-up questions? Nice in theory, and if we could get MPs to give the Speaker the power to the determination, all the better, but if we’re not careful, it just creates an opportunity for parties to whinge about the Speaker. (I’m kind of in favour of empowering the Speaker in this way, but it needs to be done very carefully). Banning applause? Yes, absolutely.

What’s missing in this is the reliance on scripts, which we need to do away with entirely. Parties argue that they need to come up with plans and narratives and tactics, but to be frank, that’s bullshit. Plans and tactics don’t enhance the accountability function of QP – it just ensures that it will be theatre, and not good theatre at that. Banning scripts plus empowering the Speaker to choose who asks questions for the whole of QP (and sure, he can continue to divvy them up according to a set formula in the interests of fairness) is going to be far more effective than most of these suggestions – but the trick is to convince MPs to move to that system, which would involve their leaders giving up their powers to direct the show, and that is part of where the bigger problem lies.

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Roundup: Problematic leaked recommendations

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On Monday, the Inquiry into Missing and Murdered Indigenous Women will give its final report, and judging from the leaked copy, there will be some consternation with the conclusions, particularly that it considers the deaths as the victims of a “Canadian genocide.” While previous inquiries and even statements by the former Supreme Court of Canada Chief Justice, Beverley McLachlin, have used the term cultural genocide, this report allegedly drops the qualifier. That will likely be a hurdle because there would seem to be an implication that a genocide implies an organised effort – which there was on the cultural side (because it was inconceivable to think that they shouldn’t be converted to Christianity and “civilised” because that was the dominant cultural framework), but I think it will be hard to stretch that to deaths that are more attributable to poverty and intergenerational violence – we can’t forget that the vast majority of perpetrators of these deaths were Indigenous men (and that there are even larger numbers of Indigenous men who have are missing and murdered).

As for recommendations, the headline one also appears to be problematic – that instances of domestic violence against Indigenous women that result in death be regarded as first-degree murder – and that the use of “Gladue principles” be reviewed with cases of deaths of Indigenous women. That again will be problematic because the Supreme Court ruled on those principles as a way of addressing intergenerational violence that leads to higher rates of incarceration for Indigenous people, and again, if the majority of perpetrators of violence against Indigenous women are Indigenous men, does this recommendation then not demand that more Indigenous men be incarcerated? While the recommendation is rooted in the principles of denunciation and deterrence, I’m not sure that’s sufficient given the broader implications. As well, some of the recommendations like making Indigenous languages official and on par with English and French don’t seem to grasp the practical considerations of ensuring that there be federal services provided in 60 different Indigenous languages.

It also sounds like the government isn’t going to readily accept all of these recommendations Carolyn Bennett has been pre-consulting on what she’s been hearing out of the Inquiry, and she’s not in favour of harsher sentences because it goes against evidenced-based policy as to what is effective. She also noted that their bill on changing child welfare systems for Indigenous communities will do more to prevent the intergenerational violence that the current broken system does. We’ll see what the formal report and its apparent 230 recommendations entail, and what the government’s response will be, but this leak and Bennett’s response sounds like they won’t be endorsing the whole thing.

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Roundup: Harder tries to play hero again

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After hosting most of the Alberta senators to a lunch in Edmonton, Alberta premier Jason Kenney has written a letter to Senator Peter Harder, Leader of the Government in the Senate – err, “government representative,” to say that he and the leaders of the other two main parties in Alberta are willing to accept Bill C-69 if they keep it as amended by the committee. Those amendments, mind you, were largely all written by industry lobbyists, and gut much of what the bill was trying to accomplish, which was an overhaul of the environmental assessment process, because what’s on the books now (which is the process that Harper gutted in 2012) isn’t working and is only resulting in court challenges.

And Harder? Well, after his whip – err, “government liaison,” Senator Grant Mitchell, has been pushing for the bills to pass largely unamended, Harder says that he now wants to send this bill as amended back to the Commons, as well as the recommendation that Bill C-48 (the tanker ban) – though I’m not sure how that would happen given the de facto committee recommendation is that it not proceed – and let them decide whether or not to keep the amendments. Let the government deal with it – or rather, wear the decision for not accepting the amendments so that Kenney will turn his ire to Trudeau, and not the Senate. Because Harder is such a hero like that (while making up parts of his job description that don’t actually exist).

Meanwhile, former Senator Hugh Segal is taking to the pages of the Globe and Mail to warn the Senate against defeating C-48 because he says it would contradict the Salisbury Convention. *sigh* No. The Salisbury Convention doesn’t exist in Canada, no matter how many times Harder of luminaries like Segal bring it up. It’s contrary to the Constitution, we don’t have the same historical reasons for why Salisbury was adopted in the House of Lords, and it also goes against the whole notion of a more “independent” Senate. Nor is C-48 an election promise so far as anyone can gather, which is a trigger for Salisbury – if it existed (which it doesn’t in Canada). There are plenty of reasons why the Senate shouldn’t defeat C-48, but making up that it’s contrary to Salisbury isn’t one of them.

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Roundup: Alberta sends the wrong (price) signals

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It was Throne Speech day in Alberta, and sure enough, it contained an ambitious laundry list of upcoming legislation designed to undo much of what the NDP had put into place as a means of “restoring” the mythical Alberta Advantage. (Full speech here). Shortly thereafter, the promised Bill 1 to repeal the province’s carbon levy was introduced – pretty much guaranteeing that the federal carbon price will be imposed once the bill is enacted. It doesn’t repeal all of the carbon prices in the province, however – it merely shifts them to the largest polluters, which does nothing about the demand side of carbon consumption, and won’t shift consumer behaviours, nor will it do enough for those large emitters, because for all of Kenney’s talk about looking to protect the energy sector, he just shifted the bulk of the burden onto them. (It also won’t really help consumers because poorer households will be worse off now).

Meanwhile, here’s Andrew Leach to explain why Kenney’s repeal of the carbon price is handing a rhetorical victory to Ontario, and why the reliance on magical technology from the future to reduce emissions won’t happen if there aren’t proper price signals to spur its development.

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Roundup: A blow to the tanker ban bill

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The Senate’s transport committee voted last night to not proceed with Bill C-48, which bans tankers on BC’s northwest coast, but before anyone gets too excited, I would caution that it’s not the bill’s end. We just saw the Senate’s national security committee recommend changes to the gun control bill that would gut it, and those got overturned by the Senate as a whole, and I suspect we’ll see a repeat performance of that with this bill – but the Conservatives will put up a fight, and because this was one of the bills that they did not offer a final vote timeline in their agreement with the Leader of the Government in the Senate, Senator Peter Harder, they will dare him to invoke time allocation on this. (I plan to write more about this in column form later).

In the meantime, Independent Senator Paula Simons was one of the deciding votes on this, and she explains it all over Twitter.

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QP: A course on how the court system works

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While Justin Trudeau was in Paris to sign the Christchurch Call on ending on online extremism, Andrew Scheer was present, and he led off with a level-headed question about the video of the RCMP interrogating an Indigenous sexual assault victim, and Ralph Goodale asserted that the video demonstrated technique at that were abhorrent and wrong, and that police needed to ensure that survivors were not re-victimised in the process. Scheer then pivoted to Mark Norman case and the disclosure of documents to the court, to which Bill Blair started that the government fulfilled its obligations and all decisions relating to them were done by public servants and the court and not the government. Scheer tried again highlighting the use of code words to evade Access to Information requests — a practice that long predates this incident — and got the same answer. Pierre Paul-Hus tried again in French, and Blair repeated himself again in English. Paul-Hus accused the prime minister of trying to destroy Norman, but Blair’s answer did not change. Jagmeet Singh was up next for the NDP, and moaned about Loblaws before demanding more action around climate change. Catherine McKenna asserted that there was indeed a climate emergency and they had a plan, but then highlighted Singh’s constantly shifting position on things like the LNG project in BC. Singh flailed, trying to connect climate change with stable work and jobs, and McKenna zeroed in on the ten thousand jobs related to the LNG project. Singh then changed topics to the Phoenix fiasco, and Carla Qualtrough noted their “laser focus” on the matter and it was being fixed with IBM as a partner. Singh tried again in French, and got much the same response. 

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Roundup: Fighting on the economy

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There are a couple of interesting threads out on the wires right now about the direction that the government is headed in as we head toward an election, and one of them is that Liberals in Ontario would rather their party fight the election based on the economy rather than the environment – this as the Liberals and NDP are trying to compete as to who can talk a better game on climate in order to head off the surge in Green Party support in the polls, and the recent Green by-election win. I’m sure this is going to be a very lively discussion behind the caucus room doors, and in the party’s election planning meetings, but that sentiment is clearly there.

At the same time, the Canadian Chamber of Commerce and the Business Council of Canada are expressing some displeasure with the government, but as Paul Wells notes here, some of it is a bit…dubious, such as demanding balanced budgets and lower taxes while the Americans are fuelling their tax cuts with trillion-dollar deficits. Wells also noted that both of these lobby groups aren’t really acknowledging that much of the drag on our economy is caused by outside forces – namely the brewing trade war between the US and China, and before that, Donald Trump’s threats to tear up NAFTA – and that these groups have studiously avoided talking about climate and the need to deal with our emissions. Nevertheless, there is a malaise between Corporate Canada and the Liberals possibly because the party seems to be setting their Blue Liberal base loose as they try to move further to the left in order to claim the space the NDP usually occupies, and that may wind up costing them in the longer term, if history is any guide.

Kevin Milligan, meanwhile, finds himself a bit puzzled at how little these same Corporate Canada voices have acknowledged the very significant changes that the government made in the fall economic update to deal with the US tax changes.

https://twitter.com/kevinmilligan/status/1127275895859716096

https://twitter.com/kevinmilligan/status/1127278184821444608

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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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