Tag Archives: Supreme Court

Roundup: A melodramatic floor crossing

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So there was a bit of drama in the House of Commons yesterday as Liberal MP Leona Alleslev gave a speech that served as her rebuke to her own party and her signal that she was crossing the floor to the Conservatives. It’s unusual that this was done on the floor of the Commons as opposed to the usual manner of a surprise press conference where the leader comes out with his or her new MP, and they give a repudiation of the deserted party along the way. And while Alleslev told Power & Politics that she hadn’t made her mind up until the last minute, when she was giving the speech, she had reached out to Andrew Scheer in August and had conversations with him then. But considering that Scheer had already called a press conference for just before QP far earlier in the morning (after Candice Bergen already gave a press conference on the party’s plans of the fall), I’m calling bullshit on that explanation.

While I will defend the rights of floor crossers with my dying breath (and I have a column to that effect coming out later today), there’s something else in Alleslev’s speech that sticks in my craw:

“The government must be challenged openly and publicly. But for me to publicly criticize the government as a Liberal, would undermine the government and, according to my code of conduct, be dishonourable.”

This is ridiculous and wrong. Plenty of Liberal MPs have openly criticized the government. Some have faced minor punishments for it, others not, but I have yet to hear anyone saying that Nathaniel Erskine-Smith, for example, undermined the government. It’s the role of backbenchers to hold government to account, just as much as it is the opposition – they’re not supposed to be cheerleaders (which is especially why it’s frustrating that they treat their QP questions as suck-up opportunities, with the exception of Bill Casey). Government backbenchers get the added ability to have no-holds barred discussions behind the caucus room door with the PM and cabinet, which can be even more effective than opposition questions under the right circumstances. And her former caucus members have expressed some disbelief in her excuse that she’s said that – particularly that there were no warning signs (and I’ve heard this from numerous MPs).

I’m also a bit dubious with the reasons she’s given for why she’s decided to cross the floor, particularly because she recited a bunch of Conservative talking points that don’t have any basis in reality, such as the apparent weakness of the economy (seriously, the gods damned Bank of Canada says our economy is running near capacity and unemployment is at a 40-year low), and her concern about military procurement (she does remember the Conservative record, right?). Never mind the fact that she’s suddenly reversing positions she publicly held just weeks ago, as people digging up her Twitter history are demonstrating.

There is also a question of opportunism here, not only for what she thinks she may get by switching her allegiance to Scheer, but she may have read the tea leaves from the provincial election and gotten spooked. Whatever the reason, she made her choice as she has the agency to do, and her constituents will get to hold her to account for it, which is the beauty of our system.

Meanwhile, Susan Delacourt wonders if Alleslev’s defection means that Trudeau isn’t keeping pace with the rapid change of pace in politics (though I disagree with her on the calculations around prorogation).

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Roundup: The people’s vanity project

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Yesterday, Maxime Bernier confirmed his party will be called the “People’s Party of Canada,” just like so many communist parties in the world. Oops. And like those other “People’s Parties,” he won’t hold a contested leadership race, and he’ll get the final say on policies, so that’s off to a great start. Even better was the fact that his logo is simply a repurposing of an old Reform Party logo, and the policy page is a word-for-word copy of the Libertarian Party’s policy (which people also insist was a copy of Bernier’s leadership race policies), so that’s a great start. And during his press conference, he already started with the policy musings that apparently originated from the Internet’s darker recesses. So there’s that.

And aside from the trite attempt to use gay rights as a cover for bashing Muslims, Bernier has a glimmer of awareness that he’s going to be branded with the xenophobes he’s riling up, and he insists that anti-Semites and xenophobes will be kicked out of the party, while at the same time as he’s still using not-even-thinly-veiled xenophobia to try and create a wedge between his nascent party and the Liberals. But while he hopes to make immigration and refugees (and yes, there is a difference) between them as a wedge, he’s already getting warnings that he’s going to have to be very careful to keep the racists out (not to mention the alt-right, the MRAs, and whichever other dog-whistles he happens to be blasting at the time).

Meanwhile, John Geddes deciphers Bernier’s messaging and what he’s offering based on it, while Andrew Coyne reminds all of those who insist this will simply split the Conservative vote that yes, there is actually room in the Canadian political spectrum for such a “worthy experiment,” assuming that Bernier were capable enough to pull it off (and Coyne, like the rest of us, has his doubts). And Paul Wells delivers an epic takedown of Bernier’s potential voters.

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Roundup: Trans Mountain tantrums

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The Federal Court of Appeal’s decision to quash the approval of the Trans Mountain pipeline expansion (temporarily, at least) – both because of an inadequately scoped NEB report around marine protection and because the government didn’t properly consult with Indigenous communities – caused no shortage of meltdowns and tantrums over all forms of media – with a dash of triumphalism from the environmentalists and some of those Indigenous communities. All of it, from both sides, is pretty much overreaction, but some of the reactions were ludicrous.

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The one reaction that was probably most ridiculous and unhelpful was that of Alberta premier Rachel Notley, who in a fit of pique, declared that she was pulling out of the federal climate framework until the pipeline was built, and made a list of nonsensical demands that will do absolutely nothing to get said pipeline built. Appealing it to the SCC? On what grounds (and delaying things another 18 months)? Recalling Parliament? To do what? Hold an angry take-note debate? Yes, this is the federal government’s mess, but none of this actually solves it. What will solve it is to follow the roadmap in the FCA judgment, which means reassessing the marine risks and doing proper consultations with those First Nations on their substantive issues. I get that Notley has to make a show of this, but none of this tantrum is constructive in the slightest, and worse yet, it likely undermines her own environmental agenda.

Meanwhile, Jason Markusoff notes that while the government owns this failure, it’s not as though the opposition has offered a solution that would have worked either. Trevor Tombe walks through the decision and what can be done to fix the problems identified therein, but notes there are costs to delays. Tyler Dawson looks at how the populist outrage over this move can start another round of Western alienation (in which, the actual facts of what’s going on won’t matter, because populism).

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Roundup: Maxime Bernier, drama queen

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Like a high school drama queen, Maxime Bernier made his move yesterday, removing himself from the Conservative caucus just as the party was about to begin their convention in Halifax. And not a moment too soon, apparently, as apparently the caucus was prepared to “belittle” him regarding his recent shitposting over Twitter, in an apparent attempt to Mean Girl him into falling in line. Well, that didn’t apparently work, and Bernier went out with a bang, calling the Conservatives a party that was “too intellectually and morally corrupt to be reformed,” and which only speaks in platitudes, and that he plans to launch his own party within the coming weeks. Good luck with that.

Minutes later, Andrew Scheer held his own press conference in Halifax and said good riddance, that Bernier was only in it for himself, but, curiously, stuck to platitudes. And notably, he didn’t refute anything that Bernier has been saying over the past couple of weeks, and in particular his winking to white nationalists. (Note to Conservatives: simply listing how many ethnocultural firsts your party has had is not refuting the aforementioned winking to white nationalists). And then Scheer said that Bernier evidently decided to help Trudeau, and then immediately started backpedalling to insist that no, this wasn’t going to split the party, and they’re united, and Bernier is a nobody, and you get the drift. So score one for Scheer there.

And then started up the tweets, many of them angry or belittling from fellow MPs, and a bunch of bizarre rumours started being floated to journalists like that Bernier used to sleep through Cabinet meetings under Harper (seriously? You actually expect us to believe that?) while other party stalwarts rallied around Scheer (and Bernier currently seems to have zero supporters, for what it’s worth). The Liberals, justifiably, are remaining cautious and are not openly popping any champagne bottles because who knows where this will go.

Meanwhile, Paul Wells has grave doubts that Bernier has what it takes to lead a new political movement, while Jen Gerson angrily writes about Bernier’s supposed defence of “Canadian values” and that he doesn’t seem to have a clue what he’s tweeting about. Scott Gilmore seems to think that Bernier’s fundraising record shows he may have the momentum to pull this off – but Stephen Maher has his doubts. John Ivison casts aspersions on all sides of the split, Martin Patriquin wonders about the effect that it will have with the ground ripe for messages of populist xenophobia like Bernier has been employing. Don Martin suspects this departure will rally the party around Scheer, while Robyn Urback takes Bernier to task in the most scathing, sarcastic way possible. (My own column on Bernier’s future will be up later today).

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Roundup: Bozo eruptions coming from the top

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Given some of the “bozo eruptions” over Twitter over the past couple of days by Conservative MPs and senators, I have to wonder about both the mindset behind this strategy of posting, and the adult supervision that underpins it. Obviously, the latter is lacking given what we’ve seen this week especially, but we also can’t deny that there is an attempt at strategy behind it, even if it’s a strategy that’s been kluged together in service of a narrative. That narrative is to put “Justin Trudeau” and “failed” in as many sentences together as possible, but it’s also about a deliberate campaign of lies and misdirection in service of creating that narrative. But even with this in mind, some of it is just really, really dumb.

Take this tweet from Shannon Stubbs – who is a pretty decent MP, it should be stated, but seems to have lost her ability to be credible over Twitter. Part of what is so gross about this tweet is that it basically undermines our entire criminal justice system, which requires that the accused have advocates in order to have a fair trial. And she knows this – the party knows this (while they go about fetishizing victims of crime and altering the entire vocabulary around them in order to tilt the playing field against the accused so as to deny them fairness). But the temptation to be shamelessly partisan is just too much for some of them to withstand. And in the end, I have to think that it’s this mindless partisanship is often to blame – and it is mindless. It robs them of their intellect and critical thinking capacity, and makes them focus solely on scoring cheap points.

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I’ve seen a lot of the chatter about the tweet from Senator Denise Batters about Omar Alghabra, to the point that the woke crowd is referring to as a “white nationalist,” which I’m quite sure she’s not – she’s just partisan to the point of being mindless, and that includes making ill-suited attacks to the point of dogwhistling, because it becomes reductive and about scoring points. She should know better. (As for Blaine Calkins and his tweet, well, I’m not sure I’d give him the benefit of the doubt that he knows better, so I’ll leave it at that). But there needs to be a recognition that this kind of point-scoring is actually doing damage to their own brand, and as we’ve seen this week, has blown up in their faces more than once. You would hope that this would be cause for some reflection and that they’ll think twice before continuing to engage in this kind of behaviour – but I’m not holding my breath. So long as the official line from the leader is to lie over Twitter as often as he thinks he can get away with it, he’s set a low bar of an example for the rest of his caucus to follow, and it’s no surprise that we’re seeing these kinds of bozo eruptions.

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Roundup: Recalling the committee

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Yesterday was the day when the Commons immigration committee returned to town for an emergency meeting on the irregular border-crossing situation, and in the end, they agreed to hold two more meetings in the next few weeks to get a better sense of what is going on, and what the government’s plans are. There’s partisan gamesmanship happening on all sides of this, and each party wants a different outcome from these hearings, but they’re going to happen, and despite the fact that Michelle Rempel tries to spin the fact that she “forced” the Liberals to pay attention to this, she was apparently pushing on an open door as they were happy to do it, as their position is that this gives them an opportunity to correct the spin and misinformation that Rempel and her compatriots are putting out there.

Meanwhile, the government also made it clear that they were going to give funding directly to the City of Toronto to deal with their housing situation for migrants (only a few of which are actually irregular border crossers) because the provincial government has abdicated their responsibility to do something – while other communities outside of Toronto are willing and able to house and resettle more of them, and are actively seeking to do so. David Reevely gives more context here, and in particular notes that while the number of migrants is relatively small, the bigger problem is that they’re being put into a system that is already stressed.

But the rhetoric carries on, and Andrew Coyne takes it on in this piece – that, despite the claims, this isn’t actually a “crisis,” and treating it as such isn’t helpful, nor are the suggestions that the Conservatives are throwing out there. And worse, the Conservatives have put out a particularly problematic Twitter campaign that is being decried as racist, basing itself on a headline from a Diane Francis column in the Financial Post which is full of outright misinformation (particularly the notion that irregular border crossers aren’t screened – they absolutely are), torque, and reheated Conservative talking points. Coyne went further in a twitter thread, but regardless, the Conservatives continue to walk a fine line around pandering to xenophobic anger while still insisting that they support “orderly immigration,” as though we that were feasible 100 percent of the time. Real life doesn’t work like that, and Canada has been fortunate in that we’re protected by three oceans and American paranoia, but now we have to deal with a fraction of the migrants that other countries do. Maybe it behoves us to act like grown-ups about this.

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Roundup: Asylum claimant dust-up

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So there was a bit of a testy exchange yesterday as federal and provincial immigration ministers met in Winnipeg, and Ahmed Hussen got into a bit of a spat with Ontario’s new minister, Lisa MacLeod. Hussen objected to MacLeod (and Doug Ford) using the rhetoric of “illegal border crossers” and ginning up the same rhetoric of the Federal Conservatives that somehow refugee claimants take make it harder for legal immigrants (despite the fact that they’re separate processes and systems). This objection is not new either – Hussen has been saying this for weeks, so for MacLeod to get offended about it yesterday is being performative in the extreme – which is what she wants. With Kathleen Wynne no longer in the picture for her party to pit themselves against, they now need to make Trudeau their straw man. And when Hussen called the behaviour “un-Canadian,” MacLeod and her defenders accused Hussen of “bullying,” which is childish. But wait – it gets better. MacLeod loudly announced that the federal government should pay for these asylum claimants, while Hussen has been saying for weeks that they need Ontario to step up and find places elsewhere in the province than just Toronto to house them, and hey, they’re providing money to do just that. And then, because this wasn’t theatrical enough, Saskatchewan’s minister also refused to sign onto the communiqué from the meeting and demanded that the federal government not only pay for these asylum seekers (of which Saskatchewan has received zero), but that they should pay the full cost of all other government-sponsored refugees. Couple of things: 1) This is starting to get alarmingly close to the kinds of xenophobic populist rhetoric we’re seeing south of the border, and we should be very alarmed by that; and 2) Remember how the federal Conservatives just a few years ago cut refugee health benefits as a “deterrence” mechanism (which the courts later called “cruel and unusual”), which simply downloaded those costs onto the provinces? These are your political brethren.

Also released yesterday were the latest figures for the number of irregular border crossers, and it has plunged again. Because it’s a “crisis” that the government has “done nothing about.” Err, except they have been doing something about it, trying to stem the migrant flow at the source, and lo and behold, it seems to be working. For now, in any case. But the Conservatives continue to press for a meeting of the Commons’ immigration committee next week to rail about it.

Meanwhile, Martin Patriquin calls out the divisive and inflammatory language because it misses the actual issue at play, treating it as a permanent burden rather than a temporary state of affairs.

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Roundup: The Brexit meltdown accelerates

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The big news yesterday wasn’t really in Canada, but the UK, where two cabinet ministers resigned over the “compromise” Brexit deal, and there remain questions as to whether Thresa May can survive this (though her options are severely limited given the Fixed Terms Parliament Act). Lauren Dobson-Hughes has a good breakdown of just what has been going on:

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Andrew Coyne notes the difficult position that May and the Brexiteers find themselves in, where a Norway-style deal may be their out (but it will be a humiliating climbdown). Andrew MacDougall examines the internal party politics playing out with these resignations. John Cassidy highlights that Boris Johnson’s bluster aside, he can’t point to any more credible Brexit deal, which makes his departure all the more opportunistic.

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And hey, just remember that Andrew Scheer was a Brexit proponent, and fellow leadership aspirant Erin O’Toole promulgated a fantasy Canada-UK-Australia-New Zealand trading bloc that relies on constructing a pre-WWII relationship that really didn’t exist the way they like to think it did. In case you thought that Canada is immune to such flights of fantasy.

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Roundup: Equalization, feigned outrage, and outsourced research

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Apparently, we’re talking equalisation again after it was “revealed” that the current formula was renewed for another five years in the budget implementation bill and nobody cottoned on to the fact. Err, except that it was right there for everyone to see. And so you have a bunch of performative outrage from the likes of Jason Kenney about how this was the “deceitful scrapping of Equalization Renegotiation talks,” which is of course, utter bullshit but he need to create outrage that will drive his base – because if there’s anything that will be guaranteed to drive outrage in the West, it’s the deliberate lies being spread about how equalisation works in order to make themselves look like the victims in all of this (never mind that even in the depths of the recession they had the highest fiscal capacity in the country, and the fact that they have a deficit because they made the political choice to keep taxes low and not implement a PST in Alberta). But why be truthful and talk about the system honestly when you can foment outrage with lies? Way to go there. Sure, you can make the point that there could have been more public discussions around it, but there were discussions at the federal-provincial level, despite what Kenney claims.

Which brings us back to the issue of whether or not this change in the budget implementation bill was done underhandedly. Obviously the fact that it was a) in the budget; b) in the budget implementation bill for all to see; and c) raised at committee, clearly it wasn’t being hidden very well if that was the intention. Add to that, there have been ongoing consultations at the ministerial level for months, which again, not exactly being done sneakily. Paul Wells dug into the paper trails and found all of the receipts. And yet it’s being decried as having been done in some underhanded fashion. Why? Because the Globe and Mail reported that this was done “quietly.”

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If this is indicative of any problem, it’s the fact that our opposition parties are not doing their jobs. The Conservatives have long-since outsourced their opposition to the Globeif their QP questions are anything to go by (and confirmed by this latest “outrage”), not to mention the outsourcing of yet more homework to the Parliamentary Budget Officer, and more to the fact, rather than doing their jobs of scrutinising the legislation and the budget, they spent the entire spring session railing about the India trip, inventing much (though not all) of the outrage out of whole cloth, and demanding the “costs” for the carbon tax where much of the data is already publicly available or does not exist where provinces have not yet come up with their plans. But instead, they spent their time trying to invent smoking guns that would “prove” that this government is out to raise taxes to pay for their deficits (again, ignoring that the funds from carbon prices all get returned to the provinces). If you’re the Official Opposition and can’t do your own homework, then what exactly are you doing? You’re in parliament to do a job – not to generate outrage clips for social media. And yet here we are.

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Roundup: Cynical procedural gamesmanship

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Thursday night’s tantrum vote-a-thon ended mid-morning on Friday, long before it was supposed to have run its course, and no, the government didn’t capitulate and turn over that report that the Conservatives have been portraying as some kind of smoking gun for months now. No, after hours of high-minded exhortations that this, on the anniversary of the signing of the Magna Carta, was about no taxation without information, or that this was some kind of cover-up by the government intent on raising the cost of living for everyone, they decided to pull the plug as soon as the clock struck ten. Why? Because at that point, it would be too late to start Friday sitting hours in the Commons, and thus cancelling the day’s planned debates around the cannabis bill (where they would have finalized debate on the Senate amendments and send it back to the Upper Chamber). It is probably one of the most cynical procedural stunts that I have seen in all of my time on the Hill, dressed up as bringing attention to the so-called “carbon tax cover-up,” which is itself a cynical disinformation campaign.

Worst of all was the hours of sanctimonious social media warfare that was sustained throughout it, whether it was the Conservatives dressing this up as some righteous fight over the refusal to release the information (which, let’s be clear, was apparently a projection based on the campaign platform that would mean nothing given that the carbon pricing plans will be implemented by provinces, and where the revenues will be recycled by those provinces and is largely irrelevant to the discussion), or the Liberals crying that the Conservatives were keeping them away from Eid celebrations in their ridings (so much so that Omar Alghabra accused the Conservatives of Islamophobia, and then the real wailing and gnashing of teeth started). It was so much self-righteous bullshit, and it made everyone look bad.

The Trinity Western decision

Yesterday the Supreme Court of Canada ruled that the law societies of BC and Ontario could decide not to accredit the graduates of evangelical Trinity Western University’s proposed law school on the grounds that the mandatory covenant that students are expected to sign infringes on the rights of LGBT students, particularly because it mandates that any sexual activity they engage in must only be within the confines of a heterosexual marriage. Of course, it’s more technical than that, because it boils down to standards of reasonableness with the decision that the Law Societies as accrediting bodies can engage in, and I can’t pretend to understand the nuances of it all – but the very smart legal minds that I follow had some trouble wrapping their minds around it all as well, because the balancing of rights is a difficult issue. Some of the legal minds I follow felt this was one of the worst decisions in years, but I’m not sure how much of that is ideological either. It’s also worth noting that this was the last decision that former Chief Justice Beverley McLachlin participated in.

In reaction, here are three legal reactions to the decision, while Chris Selley worries about what it means for religious freedom, and Colby Cosh looks at what the decision means for the Supreme Court, paying particular attention to Justice Rowe’s concurring decision on the meaning of freedom of religion.

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