Tag Archives: Supreme Court

Roundup: A trio of justice issues

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There were three major law-related stories in the news yesterday, starting with the announcement that Supreme Court of Canada Justice Clement Gascon has opted to retire early, citing “personal and family reasons.” This was quickly followed by Justin Trudeau announcing that a replacement process would be launched, and would again be headed by Kim Campbell, while the Conservatives followed a few hours later with a demand that this process not go ahead until the leak from the previous process was investigated (though the Privacy Commissioner is already on that case). The thing to remember of course is that there is something of a deadline here, being the election, and it’s more than possible that the Conservatives want this delayed so that they have the possibility of naming the next judge if they should happen to form government in October. For what it’s worth.

The second story was that of the carbon tax reference at the Ontario Court of Appeal, which was live-streamed for the first time in its history. The province’s argument apparently is that if the federal government is allowed to impose a carbon tax, that they’ll start intruding into other areas of provincial jurisdiction, which is…dubious. And it sounds like the judges weren’t having much of that line of reasoning either.

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The third law story of the day was the revelation that the directive around civil litigation involving Indigenous people that Jody Wilson-Raybould instituted as one of her last acts as justice minister has been fiercely contested within the department because it many cases, it amounts to litigating badly and not actually getting the courts to resolve the legal questions that are at issue, which they argue doesn’t actually help reconciliation because you’re not dealing with underlying issues that require resolution. The piece also noted the frequent and direct political interference that Wilson-Raybould exerted on civil litigation (which she can do as Attorney General, unlike the arm’s length nature of criminal prosecutions), sometimes undermining the arguments that Crown attorneys were trying to advance in the middle of cases. It’s fascinating reading and yet more insight into what was going on with Wilson-Raybould in the lead up to her being shuffled.

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Roundup: Missing the mark on encouraging participation

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The House of Commons’ status of women committee tabled a report this week that is about getting more women into politics? The problem? That all of its recommendations are focused on what the government can do, when it’s not their job. Rather, it’s the job of political parties, and only some of them take it seriously. Add to that, the one recommendation that people tend to focus on — that the federal government give some manner of financial compensation to parties who recruit more women candidates — is bad policy because it simply rewards parties for putting women candidates in unwinnable ridings and lets them claim their percentages. The Conservatives had their own dissenting report as well, which focused on their notion of women running on “merit” rather than quotas (because there’s apparently no tokenism in their party), and wanted more focus on women who bully and discourage other women in politics. (The NDP’s own dissent focused on some of the language of the recommendations, and more funding for women’s groups, childcare, and so on).

And I have to stress that this is a party issue, not a government issue. Parties are the ones who set the rules for their nomination contests, and are responsible for recruiting their own candidates, and even more to the point, these should be grassroots efforts rather than coming on high from party headquarters. That means mobilising party members at the ground level to find and recruit more women, and to convince them to run. The Liberals have had success with this — they instituted a programme of getting people to find women in their communities and then asking them several times to run, because they know the research that shows that while a man would likely accept on the first request, women can take something like seven times being asked before they will accept to run. Overcoming that socialised reluctance is a big part of it, and where the focus needs to lie — on top of the parties making their nomination rules more clear (and less reliant on the “unwritten rules” as have been spoken of), and ensuring that things like childcare are being taken care of so that women can do things like door-knock and and canvas. None of this is something that the government can take care of, but the party grassroots needs to be aware of and work toward implementing.

It’s not just rules — it’s an ecosystem. Part of that is civics education, because we don’t teach students about things like nomination races and why they matter, and how to get involved. That’s one of the most fundamental parts of our system, and we don’t teach it. How do we expect more young women to get involved if we don’t tell them how? This is where the focus needs to lie if we’re to make any lasting change.

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Roundup: Unenforceable garbage legislation

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As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.

To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.

Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.

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QP: Trudeau challenges an absent Scheer

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The prime minister was present for a miserable day in Ottawa, but Andrew Scheer was absent, despite his previous fist-shaking about the libel suit. That left Lisa Raitt to lead off, raising the lawsuit, and wondered when the action would commence. Justin Trudeau stood up, with notes in hand, and he noted that the leader of the opposition has a history of making false and misleading statements, which is why they put him on notice. Raitt tried again, and listed broken promises as falsehoods the prime minister spoke previously (pretty sure there’s a difference there), and again demanded the action to commence. Trudeau repeated his response, and Raitt noted that the ball was now in the prime minister’s court, and Trudeau noted that Scheer did not condemn white supremacists when asked directly to do so yesterday, and said he’d give him another chance to do so. Alain Rayes took over in French, and he too demanded the action commence, and Trudeau recited the French version of his points that Scheer misleads Canadians and treats it as a virtue. Rayes tried again, and Trudeau repeated in French that Scheer did not condemn white supremacists. Jagmeet Singh was up for the NDP, and he concern trolled that Jody Wilson-Raybould and Jane Philpott were kicked out of caucus, and demanded a public inquiry. Trudeau stated that they tried for weeks to resolve the issue but in the end, the will of caucus was clear. Singh switched to French to demand an inquiry, and Trudeau spoke about the great things that his government was focused on. Singh switched to a question about reliable cellphone service and demanded that the government stand up to telecom companies and order them to lower costs, to which Trudeau reminded him that the minister of rural economic development was making coverage a priority. Singh then moved onto the lack of federal involvement in money laundering investigations in BC, to which Trudeau noted that he must not have read the budget because there were investments in doing just that. 

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QP: Tough talk about libel suits

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While Justin Trudeau was in town, he did not show up for QP today, but Andrew Scheer was present, and he led off, reading some wounded lines about the prime minister’s decision to sue him for libel, and demanded to know when the court action would begin — as though it were up to them to set a court date. Bardish Chagger reminded him that his defamatory words have consequences, and noted that he didn’t repeat those same statements in his press conference, and wondered if he deleted any of his tweets. Scheer said he hasn’t, proclaimed that he stands behind his words, and then in French, repeated his question. Chagger, in French, pointed out that he did delete defamatory tweets and reposted edited versions on a number of occasions. Scheer listed times when he claimed the prime minister didn’t tell the truth, and Chagger again pointed out to his tendency to delete and editing misleading statements over Twitter. Scheer tried one last time, and this time, Chagger pulled out the fact that Scheer didn’t delete any tweets from the rally he attended with Faith Goldy. Scheer called it a despicable attempt at deflecting from the scandal, and said they denounce hateful ideologies while standing up for energy workers. (Err, except they haven’t, and haven’t explicitly called out the rhetoric at that rally, and he’s personally contributed to pushing the UN conspiracy theories that fester in that movement. But hey, he says he’s denounced it). Chagger repeated that Scheer changed statements when he was served notice, but wouldn’t denounce Goldy. Jagmeet Singh was up next, and demanded that the government promise not to interfere with the decisions of the top prosecutor, and Chagger reminded him that the committee looked into this, and there was no possibility of political interference. Singh listed the demands from the legal community for investigations and demanded a public inquiry, and Chagger reminded him that the committee did its work. Singh then demanded action against plastic pollution in French, and Catherine McKenna listed actions that they have taken to date. Singh repeated the question in English, and got the same response.

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QP: Leaks and legal fees

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While there were more leaks and allegations on the ongoing Double-Hyphen Affair, neither Justin Trudeau nor Andrew Scheer were present today, so it was all going to be overwrought Conservative talking points versus Bardish Chagger’s bland assurances. Candice Bergen led off, accusing Trudeau of misleading Canadians on the Affair, to which Chagger gave her usual reply that he was transparent, gave the waiver, and that everything was in the public. Bergen accused Trudeau of smearing Wilson-Raybould, and Chagger repeated that all facts were now public. Bergen read a selective timeline of events, and Chagger repeated that the committee heard weeks of testimony and that this was all public. Alain Rayes took over to repeat Bergen’s allegations of falsehoods, but in French, and Chagger repeated her same response in French, without notes, as she’s memorised it all by now. Rayes then raised the issue of the media Access to Information request about the PCO documents raised in the case, but Chagger stuck to the same points about everything being public, adding at the end that they would receive the documents they requested (but did not say when). Jagmeet Singh was up next, and  raised elements of an interview Jane Philpott earlier today in which she commented on the potential of a Deferred Prosecution Agreement for SNC-Lavalin and wanted assurances that they would not give a deal to the company, to which David Lametti reminded him that they were still in the appeal period for the judicial review request, so he would not comment publicly.  Singh tried again in French, got the same answer, and then asked a Quebec-flavoured pharmacare question. Ginette Petitpas Taylor reminded him they created an advisory council and their final report was on the way. Singh switched to English to demand immediate action and touted his party’s plan, to which Petitpas Taylor repeated her response in English.

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Roundup: A list of demands

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It was another day full of plot threads in the ongoing Double-Hyphen Affair and its associated fallout, and boy oh boy was there some overwrought rhetoric throughout the day. First up was the release of that memo that the Deputy Minister of Justice apparently wrote for PCO about DPA but was blocked by Wilson-Raybould from being delivered, and it outlined areas where SNC-Lavalin may still be able to bid on federal contracts if they did not get a DPA and was convicted. Wilson-Raybould claims she don’t recall blocking the release, and said that Michael Wernick should have taken her word that she considered it. (Kady O’Malley’s Process Nerd column adds this to the list of unresolved plot points in this Affair). Following this was the Daughters of the Vote event, where a number of the attendees walked out on Andrew Scheer, and others stood up and turned their backs to Justin Trudeau in solidarity with Wilson-Raybould and Philpott. Trudeau also took a number of questions from the attendees, and many of them were not friendly. Before Question Period, Philpott and Wilson-Raybould scrummed on their way into the House of Commons, Philpott saying that trust was a two-way street, and Wilson-Raybould said that interference in a prosecution was “unconscionable,” echoing Trudeau’s words, and that she made the recording to protect herself from “danger.” And then came QP, which was largely 45-minutes of policing each other’s feminism. Because of course it was.

And then came the inevitable bombshell. It’s starting to feel like this is becoming a daily occurrence, this little game of tit-for-tat, where those anonymous senior Liberals leaked to both the Star and CBC that there had been weeks of negotiations between Trudeau’s office and Wilson-Raybould on what it would take for them to end their rift, and Wilson-Raybould had a list of demands, which included firing Gerald Butts and Michael Wernick (done), an apology of some sort, and assurances that David Lametti would be instructed not to override the Director of Public Prosecutions on the SNC-Lavalin file – and it’s this one that’s pretty problematic, because it sounds an awful lot like she wants the prime minister to interfere in the decision of the Attorney General on an ongoing prosecution. One might say it’s political pressure – especially given the continued media leaks and dribbling of information. If these negotiations are true, it could explain why it took Trudeau so long to come to the decision to oust them, but even then, it all starts to feel like a bit of a bad play where the threat is brand damage, and a calculation that it’s survivable in the face of other options. I guess we’ll see what the rebuttal to this will be. And the subsequent rebuttal. And so on.

Chantal Hébert notes that wherever Wilson-Raybould and Philpott wind up, they would find that most other parties have their own internal divisions as well. Emmett Macfarlane thinks that if the decent people in the PMO and among the Liberal caucus had simply exercised some self-reflection, the expulsions would not have been necessary. Sarmishta Subramanian looks at some of the odd media narratives that have emerged throughout this whole Affair, where some cases see the media doing the spin for the parties without them even bothering to.

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QP: The “proof” of the tape

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The first day back after a week away, the release of the tape, and with the federal carbon price backstop now in effect, it was likely to be a complete dog’s breakfast in QP, but none of the leaders were present to take part — Justin Trudeau meeting with the president of Israel, and Andrew Scheer in New Brunswick to shake his fist performatively at said carbon price. Candice Bergen led off, saying that the tapes “proved” that there was orchestrated pressure on Jody Wilson-Raybould, and said that since she couldn’t ask if the prime minister lied so she tried to word around it — and got a warning from the Speaker. Bardish Chagger reminded her that the prime minister took responsibility, the justice committee held five weeks of hearings, and everything was in public, and the Ethics Commissioner was investigating it. Bergen demanded the truth from the prime minister, and Chagger largely repeated the response. Bergen demanded that the prime minister instruct the justice committee to reopen the investigation, to which Chagger said the committees are independent and the system is working. Alain Rayes took over in French, repeated that the tapes “prove” interference, and demanded the truth. Chagger reminded him that they always tell the truth, and that it all happened in public so that people could hear for themselves. On a repeat of the same, Chagger said that the opposition hasn’t been listening to witnesses. Peter Julian led off in French for the NDP and demanded a public inquiry, and Chagger listed off the work of the committee and the Ethics Commissioner. Julian switched to English to repeat his demand for a public inquiry, and Chagger reiterated her response. Georgina Joilibois raised the issue of the Grassy Narrows protester at the Liberal fundraiser last week, to which Carolyn Bennett reminded her that they are working with the community and are moving forward on the promised health facility, and capped it off with a shot at the Conservatives. Brigitte Sansoucy repeated the question in French, demanding the PM visit Grassy Narrows immediately, and Bennett read the French version of her previous response.

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Roundup: Common ground on “secularism”

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There was some small respite in news coverage yesterday and a chance for all of the federal party leaders to come to agreement on an issue – their mutual disdain for Quebec’s now-tabled “secularism” legislation that forbids the wearing of religious symbols for anyone in a position of authority, which includes teachers and police officers. Never mind that it’s not actually about secularism and that it specifically targets minority communities – this is about “solving the problem” in Quebec about their not knowing how to accommodate these minorities, so says one particular Quebec MNA who went on English Canadian television to try to sell the plan. It was as distasteful as it sounds, because hey, who needs to protect minority rights when the majority of voters feel uncomfortable with them?

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As for the reactions of party leaders, they may have been uniformly opposed to the bill, but they did it in very different ways – Trudeau forceful in denouncing laws that legitimize discrimination. Jagmeet Singh gave personal perspectives on being othered as a child because he was different and how this legislation reinforces that. Andrew Scheer, however, was true to form and gave an insipid line about freedom of religion and individual rights, but didn’t actually denounce discrimination. Oh, and he promised he wouldn’t introduce similar legislation federally, which I suppose is small progress from the moral panic over veiled voting that his party stirred up while in government.

Chris Selley, meanwhile, brings some fire to this “debate,” and finds hope in the province’s youth, who are rejecting the underlying anxieties that led to this kind of legislation in the first place.

The interminable Double-Hyphen fallout

Yesterday’s Double-Hyphen Affair fallout stories included The Canadian Press following-up on the story of that wrongful conviction that Jody Wilson-Raybould sat on for 18 months. Documents were also obtained to show that SNC-Lavalin indeed told the Public Prosecution Service that if they didn’t get a deferred prosecution agreement that they would move their headquarters to the US, cut their Canadian workforce to 3500 and eventually wind-up their operations here. Justin Trudeau told the media that he condemned the leaks about the Supreme Court of Canada appointment process and insisted that his office “would never leak.” Jody Wilson-Raybould’s submission to the justice committee is expected to be ready for public release later this afternoon. In advance of this, the Stargot a copy of a legal opinion from the justice department to Wilson-Raybould saying that any decision regarding remediation agreements haven’t been tested in Canada and that she could get outside legal advice on it – and it meshes with the timeline of what we know.

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Roundup: Competing leaks

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And now we’re into competing leaks. In the Globe and Mail, we got another leak from a “mysterious” source that posited that Jody Wilson-Raybould was trying to elevate Justice Glenn Joyal to the Supreme Court of Canada because she apparently felt the LGBT community wouldn’t be receptive to presumptive heir Justice Richard Wagner (now the Chief Justice) for what I assume was a trumped up reading of his not inviting LGBT groups to present at the Supreme Court in the Trinity Western case (which is pretty absurd), and because she wanted Joyal’s successor at the Court of Queen’s Bench to be a Métis judge. In other words, it was trying to burnish Wilson-Raybould’s progressive credentials in light of the prior leaks attempting to make her look more of a social conservative (as though one didn’t need to look too hard at her record to see signs of it). Because hey, why not keep up leaks that damage the perceptions around Supreme Court of Canada appointments? Way to go, team! (And before anyone gets too self-righteous, don’t forget that in 2014, Stephen Harper leaked the six names he was considering when he named Justice Marc Nadon to the bench, and putting words in the mouths of the MPs who served on the “selection” committee at the time, knowing full well that they couldn’t respond).

And then come the denials. Wilson-Raybould and PMO each denied that they were the source of any of the leaks, and Wilson-Raybould (who submitted her additional materials to the justice committee on Tuesday afternoon) said there should be an investigation into who was leaking these Supreme Court deliberations. Lisa Raitt tried to insist that it should be the Federal Judicial Affairs Commissioner who should investigate, and he quickly wrote back with a giant nope, citing that he has no mandate to do any such investigations. Which leaves us with who for an investigation? The RCMP? Yet another demand for a public inquiry? Our very own Goolding Inquiry? Won’t that be fun?

And with all of this going on, in swoops Neil Macdonald to remind us that everyone in the media gets “used” by leakers all the time, and hey, the preponderance of leaks is a sign that journalists are doing their jobs because they are competing to do the best job. There is certainly a mercenary aspect to it all, not to mention some status-seeking, but I’m not sure he’s entirely wrong.

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