Tag Archives: Refugees

Roundup: Dumbing down the border debate

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The Conservatives were in full performative outrage mode yesterday, with a Supply Day motion to demand a plan by May 11thto stop the influx of irregular border crossers seeking asylum, and for the PM to admit that his “Welcome to Canada” tweet is the cause of the problem. It’s not going to work, but it’s indicative of the way in which they are dealing with complex issues and trying to boil them down in a way that is ultimately disingenuous, while using bogus arguments like how the backlogs in this system are slowing down legitimate immigrants and refugee claimants – the immigration stream is separate and is unlikely to be affected by this influx, and when you’re talking about “legitimate” refugees, there is a great deal of difference between resettling refugees in camps and processing the claims of those who arrive on our shores to claim asylum. Those claims, yes, are slowed down, but it’s more than just this influx that is that problem, and drawing this link is a long-time Conservative tactic of trying to play immigrants and refugees off of one another.

https://twitter.com/StephanieCarvin/status/988779198096519168

For example, Michelle Rempel has been demanding that the government simply declare the whole border with the US to be an official port of entry for the purposes of the Safe Third Country Agreement, in order for us to simply turn back anyone who crosses from the US. See! Simple! It’s not like we need American sign-off to do so (because it’s their border too), and it does nothing about what has been driving this influx in the first place, which is less Trudeau’s tweet than the tweets of one Donald Trump. And while the government deployed MPs with linguistic ties to communities that were crossing previously, such as Haitians and Guatemalans, the influx we’re seeing right now has to do with Nigerians who are getting tourist visas for the US, and then using those to cross into Canada. To that end, we learned yesterday that the government has been sending officials to Nigeria to try and engage on the ground there, while also working with the Americans to try and get action from them that their tourist visas are being abused, so we’ll see if that has any measurable effect.

This isn’t to say that the current government isn’t blameless in all of this either. While they correctly point to the fact that the previous government made cuts to both the Immigration and Refugee Board and CBSA, which are reverberating to this day, they have had their own problems when it comes to not filling vacancies on the IRB because they changed the appointment process, and like virtually all of their appointment processes, the changes have slowed down the system to a crawl, and have touched off a slow-moving crisis within the whole of government and the courts. That’s on them 100 percent, and that is the problem that’s causing slowdowns with more than just refugee claimants, but also immigration appeals (and they are separate parts of the IRB, so again, it’s not just the influx of claimants causing problems for immigrants). But those aren’t the kinds of issues that the opposition is touching on with this issue, and it’s not the kind of simple solution that they’re trolling for, which is ultimately what’s harming the debate.

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QP: Border concerns at the fore

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All leaders were present, and before QP got underway, Guy Caron, Andrew Scheer, and Marco Mendicino made statements about the van attack in Toronto yesterday. After a moment of silence, Scheer led off, concern trolling that the government of Quebec had to go to the media to get action on irregular border crossers. Justin Trudeau said that they had been rebuilding the relationship with the provinces, and that they were working on the issue with them. Scheer demanded to know why nothing had been done over the past year to stem the flow of migrants, and Trudeau took up a script to list the fact that the previous government made cuts to CBSA and the IRB that they were still investing to clean up. Scheer worried that legitimate refugees or immigrants were not getting processed because of these backlogs, and Trudeau didn’t use a script to call out the Conservatives for having broken the system. Scheer protested that the Conservatives had a “generous” refugee resettlement programme, but Trudeau reiterated the cuts that the previous government instituted. Scheer tried one last time, and Trudeau noted that the backlogs now were as a result of those cuts, while his government was cutting processing times while still respecting the rules around international asylum claimants. Guy Caron was up next for the NDP, accusing the government of rigging the Trans Mountain approval process, to which Trudeau deployed a platitude about energy and the environment going together. Caron switched to French to repeat the question, and Trudeau took a script this time to chastise the NDP for their incoherent position before retreating to the platitudes. Hélène Laverdière was up next to demand the suspension of the Safe Third Country agreement, to which Trudeau took up a new script to read about how they were investing in accelerating processing and strengthening the border. Jenny Kwan reiterated the question in English, to which Trudeau worried that the NDP may be trying to stoke fears around asylum seekers as well, before repeating his previous points sans script.

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QP: Borders and carbon prices

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On a warm and sunny Monday in the nation’s capital, all of the leaders were present, so it was either going to be a really good day…or an insufferable one. Andrew Scheer led off, mini-lectern on desk, and he noted the unfolding situation of an alleged attack in Toronto with a white van running down pedestrians. Justin Trudeau noted that his thoughts were with those affected, and he would update the House as he learned more. Scheer then asked about the number of irregular border crossers affecting those who “wait in line” — except there’s not a line for asylum seekers, there’s a process, and he’s conflating it with immigration. Trudeau noted that Canada is signatory to international conventions, and that any arrivals are processed and that they go through proper security checks. Scheer tried again, and this time Trudeau wondered if Scheer was suggesting that they violate their international obligations. Scheer then turned to the PBO report on carbon pricing, and he cherry-picked one figure that portended doom (where the report stated differently). Trudeau gave a weary sigh, and reminded him that the economy and the environment go together. Scheer tried to insinuate that there was some kind of cover-up about the “economic damage” that a carbon tax would do, and Trudeau hit back that if Scheer was so concerned about secrecy, he should stop censoring Maxime Bernier. Guy Caron was up next for the NDP, and after he made a quick statement about the situation in Toronto, he demanded the immediate implementation of a universal pharmacare programme. Trudeau took up a script to say that the system can be improved and they are consulting on a national pharmacare programme — note that he didn’t say universal. Caron asked again in French, detailing previous Liberal promises, and Trudeau said that the NDP wanted to set up something without a clear plan, which is why his government set up an advisory committee to study and evaluate a universal pharmacare programme (not sure if universal was just a translation issue this time). Rachel Blaney took her own turn to demand pharmacare, and Trudeau repeated his answer about needing a plan, emphasising the digs at the NDP in the process. Blaney tried again, and got the same answer.

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QP: Portents of economic doom

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 As Justin Trudeau met with Commonwealth Heads of Government in London, and Andrew Scheer spent the day in Quebec, which left Shannon Stubbs to lead off, and she read some declinist fan fiction about the collapse of the Canadian economy because the prime minister allegedly wants to phase out the oil sector. Jim Carr responded by listing some good economic news, including how Alberta is set to lead the country in growth, which the other party apparently couldn’t support. Stubbs read more doom, and Carr responded with the number of approved pipelines that were coupled with their oceans protection plan. Stubbs demanded championing of the sector, but Carr listed that the previous government didn’t get pipelines to tidewater, and that they ignored their constitutional obligations toward Indigenous Canadians. Gérard Deltell took over in French, lamenting IMF forecasts, to which Kirsty Duncan stood up to read some statistics about job growth and economic growth leading the G7. Deltell repeated the demand to champion investment in energy, to which Carr reiterated his lines about the Conservative record in French. Guy Caron was up next for the NDP, accusing the government of kowtowing to Texas oil giants, to which Carr reminded him that they took the lessons of the previous government’s failures and engaged in new consultations, which they felt covered off their Section 35 obligations. Caron reiterated the question in French, and Carr reiterated that their process was different than the Harper government’s, because that one had failed. Nathan Cullen was up next, to repeat the same question in English, with some added sanctimony, and Carr’s repeated response had a bit of exasperation creeping into it, and then they went yet another round of the same.

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QP: Talking to elites

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While Justin Trudeau was in London, meeting with Her Majesty the Queen and prime minister Theresa May, Andrew Scheer was in fact present today, in the wake of the salacious news that Maxime Bernier had pulled his book that was critical of his leader. Scheer, mini-lectern on desk, led off by reading some concern about investor confidence in the energy sector, and he claimed that the previous government got Northern Gateway “built.” Jim Carr stood up and stated that it was news to him that Northern Gateway got built, and didn’t in fact get its permits revoked by the Federal Court of Appeal. Scheer then got up rue that Trudeau was in Europe with elites, talking down on the energy sector, and Carr reminded him that just days ago he was here talking up the sector and the Trans Mountain expansion. Scheer insisted that Trudeau told his European audience that he was disappointed that he couldn’t phase out the oil sector tomorrow, but Carr rebutted with his line about how incredulous it was that Scheer took to the microphones on Sunday to decry Trudeau’s announcement after the meeting with the two premiers before Trudeau even made it. Alain Rayes got up to decry Trudeau’s lack of leadership in French, to which Marc Garneau stood up to lay out the support the government had given. Rayes wondered how much of taxpayers’ money would be spent on the project, but Garneau merely reiterated that they considered the project to be in the national interest. Guy Caron was up for the NDP, noted that the Health Committee’s study on universal pharmacare would be tabled later, and demanded action on it. Ginette Petitpas Taylor thanked the committee for their work, and she would consider its finding. Caron demanded immediate action in French, and Petitpas Taylor noted the commitments in the budget toward national (but not universal) pharmacare. Charlie Angus was up next, and demanded to know if the government felt their Section 35 obligations were met with Kinder Morgan, and Carr reminded him of the Supreme Court decision around Northern Gateway around consultations, so they went and consulted further for Trans Mountain. Angus pressed, terming it a “Liberal pipeline,” and Carr reiterated his line about the fact that there may not be unanimity, but there are many Indigenous communities who are in support.

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QP: Digging up a dead horse

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As spring snow fell over Ottawa, Justin Trudeau was in Paris on an official visit, while Andrew Scheer was in Calgary rather than be in Question Period. That left Lisa Raitt to lead off, dredging up the long dead and buried horse of Justin Trudeau once saying that the oilsands needed to be phased out (never mind that he clarified it was a long-term goal in moving toward a decarbonized future). Jim Carr responded that they approved Trans Mountain and have reiterated their support for it continually. Raitt worried about industry uncertainty and the “flight” of capital from the country, to which Carr reiterate that the uncertainty wasn’t coming from them but one province, and that they are having discussions with Kinder Morgan to ensure there was investor certainty. Raitt worried that this lack of confidence was coming from the federal government’s inaction, but Carr reminded her that her government didn’t get a single kilometre of pipeline built to tidewater. Gérard Deltell took over to re-ask the “phased out” question in French, and Marc Garneau reiterated Carr’s points in French, and then they went for a second round of the same. Guy Caron was up next for the NDP, railing that the federal government was imposing its will on BC, and Garneau reminded him that the pipeline was federal jurisdiction per the Supreme Court and the constitution, and they were talking with the two provinces involved. Caron switched to English to rail that BC’s government was elected on a promise to stop it and governments are supposed to keep their promises. Carr reminded him that Alberta’s government was elected on a promise to build it, but it was federal jurisdiction. Romeo Saganash got up next to decry that the government wasn’t respecting their obligations to Indigenous communities around the pipeline, and Carr reminded him that they did more consultations than the previous government did, who got smacked down by the Supreme Court of Canada over their lack of proper consultations. Saganash insisted that there were no actual agreements with Indigenous communities, but Carr said that there was no agreement between Indigenous communities, and indeed between NDP premiers, but a decision needed to be taken.

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Roundup: The AG’s vacancy problem

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The Auditor General was on Power Play yesterday to talk about his recent examination of the Great Lakes Pilotage Authority, and how the lack of appointments to the board meant a lack of oversight for the CEO, who then abused his expenses. Michael Ferguson then went on to talk about the greater pattern of unfilled vacancies by this government (which will be the focus of one of his upcoming reports), and it’s a verifiable problem that this government has, in large part because as part of their reform of the system to ensure that more women and minorities were appointed, they changed to a system of seeking out nominees to having people apply for positions. For as much merit as ensuring more diversity among appointees has, the way they’ve handled it has been a gong show.

All of this is well and good to point out, but where I have a problem is where the AG suggests that if governments can’t fill these positions in a timely manner that we should consider a system where these boards have their own nomination committees to make their own appointments. This should raise a major alarm because it’s a sign of creeping technocracy and undermining accountability and responsible government. Government makes these appointments so that there is someone who can be held to account for them. Who is accountable if boards nominate their own members? How do we ensure that they don’t turn into cesspits of nepotism after we worked long and hard to ensure that we have taken patronage out of our current appointment systems?

Unfortunately, this is not a surprise with Ferguson, whose recommendations around an external audit committee for the Senate ignores the detrimental effect that this would have on Parliament’s ability to be self-governing. I do think it’s problematic that you have an officer of parliament who keeps advocating for greater technocracy and the undermining of our parliamentary democracy (and worse, that nobody in the media will dare to call him on it, because apparently we worship auditors general and believe that they can do no wrong). His observations about the problems around appointments are valid, don’t get me wrong. It’s his solutions that are untenable in the extreme.

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Roundup: Justice bill under fire

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The big news over the long weekend was the Liberals’ major criminal justice reform bill, which was tabled at the end of last week. It’s a big bill because it’s a big topic, but also because the government decided to fold in two previous bills that have been languishing on the Order Paper so that they can all get passed at once. One of those bills has clauses that have been overtaken by a previous bill that again, languishes on the Order Paper. And yet, despite this major reform push, one of the biggest problems facing the justice system, mandatory minimum sentences, which are clogging the courts, remain intact because this bill doesn’t address them, and the minister is shrugging in terms of saying the debate is still ongoing with provinces and courts over those. Among changes in this bill are severely limiting preliminary inquiries, which could mean that a number of cases go to trial where they wouldn’t have otherwise given that the point of a preliminary inquiry was to determine whether there was enough evidence to secure a conviction. Another change is to eliminate peremptory challenges in jury selection, something which has gained a lot of attention in the past couple of months after the Gerald Stanley trial in Saskatchewan had an all-white jury.

None of this is without controversy, and defence lawyers are raising the alarm. Lawyers like Michael Spratt say the changes will not speed up trials, and will actually eliminate some procedural fairness from the system. The elimination of peremptory challenges is far more contentious, with some defence lawyers saying it won’t fix anything while another says it could eliminate the current abuses. One law professor calls it a good first step, but lists other recommendations to increase access to justice in remote communities and improve jury selection.

On a related note, it looks like Saskatchewan hasn’t been selecting juries in a way that complies with their own provincial laws. While this may not be enough to cause an appeal in the Stanley trial, which has put much of the focus on the issue of peremptory challenges, it does raise questions about jury selection laws in this country that are part of these reforms.

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QP: A greatest hits of disingenuous complaints

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On caucus day, with the benches close to full, we had all leaders present for Question Period, and yes, Justin Trudeau ready for his proto-PMQs. Andrew Scheer led off as usual, mini-lectern on desk, and Andrew Scheer raised the non-story of MP Raj Grewal’s extracurricular business whose associate attended the now infamous reception in India. Trudeau replied that they signed a billion dollars in trade deals in India, and when Scheer raised another MP’s dealings on that trip, Trudeau took up a script to read yet more praise about the relationship between Canada and India. Scheer then returned to the demands for Daniel Jean to appear at committee and the concerns that media reported they were told details that they couldn’t print. Trudeau reminded him that a full classified briefing was offered, and Scheer has turned it down because he wants to play politics. Scheer tried again, and Trudeau reached further into the days of Stephen Harper of muzzling scientists and ignoring truths that clashed with their messaging. Scheer then moved over to the issue of gifts plural given and received between Trudeau and the Aga Khan, and Trudeau noted that this was all dealt with via the Ethics Commissioner and that Scheer was simply engaging in personal attacks. Guy Caron was up next, demanding taxes on Netflix, to which Trudeau reminded him that Netflix wouldn’t pay those taxes — ordinary Canadians would. Caron then raised the size of the budget implementation bill, and Trudeau listed all of the good things in it. Shiela Malcolmson called said bill a betrayal, and Trudeau read off more gender measures from the budget. Peter Julian then went for another round of the same, and got a similar response.

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Roundup: The IRB’s crushing backlog

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Some fairly big news out of the Immigration and Refugee Board, which has decided that they will forgo the legislated timetables for hearing cases, and just hear them in the order that they were received. This after they have run out of internal solutions to manage the ballooning caseload of arrivals crossing the border trying to flee the Trumpocalypse to the south of us, while being under-resourced and understaffed because this government has proven itself utterly incapable of making necessary appointments in a timely manner (Supreme Court of Canada excepted), and this is the mess we find ourselves in as a result.

Now, it needs to be reiterated that the IRB has a long history of problems in managing its backlog, and that it’s not just this current government that has been a problem, but the previous one as well, where they took a system that had an optimal number of cases churning through the system (essentially, there was no actual backlog) and threw a spanner in the works by deciding that they needed to reform the appointment process to involve an exam (which critics at the time declared was because they wanted to stuff it with their cronies). The result of this was a sudden backlog of files that they decided to try and tackle by legislating yet more changes to the system including new timelines, but if memory serves, those changes were criticised as not giving most refugee claimants time enough to get all of their documents in order or get a lawyer that they can trust to help them with their cases, particularly because many of these claimants are traumatized when they arrive and distrusting of authority; the end-result of that was going to mean yet more appeals and court challenges, because they also put in systems that tried to limit those as well. I’m not sure ever got that backlog cleared before the current government decided to reform that appointment process yet again, and here we are, broken process and a system struggling under its own weight, and awaiting yet more promised reforms that have yet to materialize. Slow clap to successive governments for continually dropping the ball on this file.

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