Tony Abbott had his meetings with Stephen Harper and the Governor General yesterday, but it was really clear that his man-crush was on Harper. Or “Stephen,” as he kept calling him, with effusive and somewhat obsequious praise for his being a “beacon” for centre-right parties around the world. (This after Abbott inadvertently referred to the country as “Canadia” upon his arrival Sunday). Both took hard lines against carbon taxes, as Abbott is in the process of trying to repeal the one in his country (where the Australian Senate is holding it up and may continue to until the next Senate election in two years), while Harper literally finger-wagged about how at least he was honest about not wanting to kill the country’s economy. Harper also answered a question about the prostitution bill during the press conference, and gave the same line he used regarding Insite and the harm reduction measures there – that prostitution wasn’t harmful because it’s illegal, but it’s illegal because it’s harmful, and woe to all the harm it does. Err, except that the Supreme Court ruled that the illegalities that surrounded it made it so harmful that it killed the sex workers involved. We’ll see if Harper’s reason flies with the Supreme Court when it winds its way back there. Abbott also stood by the Five Eyes intelligence partnership, and said that countries should never apologies for doing what was necessary to protect themselves. Okay then.
Tag Archives: Supreme Court
Roundup: Quebec’s “death with dignity” complications
It’s not really a surprise that the federal government is saying that Quebec’s “death with dignity” law is a violation of the Criminal Code, and will likely be challenged in court. That was kind of the point of the way the Quebec law was structured, however – to fit under the rubric of the provincial responsibility of healthcare so as to not trigger the Criminal Code, but it will likely take the Supreme Court to determine if they can justifiably do so. The Supreme Court is already set to hear a case regarding overturning the ban on physician-assisted suicide, so by the time the Quebec law hits the courts, there may already be new jurisprudence that will help to change the calculus around it. And yes, all parties are divided on the issue. Predictably, opponents of the law insist that euthanasia cannot be medical care, and want more palliative care instead. Administrative law professor Paul Daly puts this new law in the context of yesterday’s Supreme Court ruling on a case involving judicial discretion, and how prosecutorial may wind up filling the gap between the Quebec law and any decision to charge anyone who makes use of it.
QP: Acting on “extensive consultation”
The shootings in Moncton hung over the mood in the Chamber, and a minute of silence for the three dead RCMP officers was held before QP got underway. When things did get underway, Megan led off for the NDP, as Thomas Mulcair was off campaigning in Trinity—Spadina. Leslie asked about supports for veterans, to which Peter MacKay pointed to the unanimous report of the veterans committee and that they take it seriously. Leslie pointed to the closure of those offices, but MacKay protested, saying that they expanded services to veterans. Leslie then turned to the new prostitution bill and demanded that it be referred to the Supreme Court immediately. MacKay insisted that it was about protecting vulnerable women and to give police new tools. Françoise Boivin picked up the torch, and listed the flaws in the bill, to which MacKay praised their “extensive consultation” and how they acted in response to those consultations, and most outrageously claimed that it respected the Bedford ruling. As Justin Trudeau was in Regina, Scott Brison led off for the Liberals, noting that it was summer job season and that the the government cut the Canada Summer Jobs programme, making it harder for students and their parents stuck paying the bills. Jason Kenney praised that Canada has one of the lowest rates of youth unemployment in the developed world, and their support for internships in the last budget. Brison asked the government to crack down on illegal unpaid internships in federally regulated industries, to which Kenney deflected and decried tax increases and reckless spending. Stéphane Dion closed the round, asking if MacKay was looking in the mirror when he alleged leaks in the Supreme Court selection process. MacKay decried his innocence and took the opportunity to congratulate incoming Justice Gascon.
Roundup: Let’s ignore the Bedford decision!
Well, it’s official – the government is not only going to emulate a version of the “Nordic model” around prostitution laws, but they’re explicitly going against some of the portions of the Supreme Court ruling in the Bedford case, such as communication. The new bill makes advertising illegal, and increases penalties if there is any reasonable assumption that young people will be in the area where prostitutes are soliciting. In other words, by pushing out of the public eye, they drive it further underground where sex workers are isolated and vulnerable to predators, and if they can’t advertise, then what good is it that they are now allowed to hire receptionists or bodyguards that would allow them to practice their trade off the streets? As for talk that police will be given discretion when it comes to the definition of “reasonable expectation” – such as near a school at 3 am – that should also raise red flags because it keeps that power to charge the sex workers themselves. Peter MacKay went so far as to talk about johns as “perverts” and sex workers as “victims” – thus denying them any agency – and the token $20 million being offered to help them exit the trade doesn’t actually address any of the fundamental problems for women who are in the trade for survival, or help those who are in it voluntarily in order to make them safer. As more than one person noted, it’s like they didn’t even bother reading the Bedford decision. Here is one analysis of the bill that pretty much shoots holes through its constitutionality entirely. Another analysis says that MacKay has reframed the terms of debate legislatively from controlling a nuisance to trying to eliminate the practice, which makes the legal challenge more difficult. Emmett Macfarlane notes the arbitrary provisions in the bill like the inclusion of “religious institutions” as a prohibited area – something that is likely to pique the Court – and that it demonstrates that the government is dealing with Charter rights behind the cover of an online poll.
Not surprisingly, the government rejected a BC study that said that the Nordic model does more harm to sex workers rather than protecting them. Their justification? That online self-selected survey they conducted that showed the Nordic model of criminalizing buyers was one the public preferred. Justin Trudeau is calling on those consultations to be made public. We’ll see if either of the opposition parties has the stomach to actually oppose the bill (though the fact that the government went against the Bedford decision may help), but this is going to be a ridiculous fight – especially when my own background sources have said that the government knew they were once again flouting the constitution. It looks like this is just going to wind up back before the Supreme Court under the very same grounds that the laws do more to harm sex workers, and the government can once again say that the Courts are being mean to them.
QP: The Commissioner’s conflicts
Things got off to an unusual start, as the Commons immediately descended into Committee of the Whole, and Olympic and Paralympic athletes were invited into the Chamber for the MPs to congratulate them on their performances at Sochi. It was too bad that this couldn’t have taken place while the Prime Minister was here. And there were so many selfies taken by MPs. When QP did begin, Thomas Mulcair asked about the recommendations put forward by the veterans affairs committee about changing the system for the better. Peter MacKay thanked the committee for the report, and pledged the government’s continued support for veterans. Mulcair wondered what he meant by “deal with the recommendations,” to which MacKay snapped back that “It means we act on them.” Mulcair brought up that veteran’s wife who has been asking for support and training for spouses, to which MacKay thanked her and her spouse, and noted the improved benefits for veterans in eight budgets that the NDP voted against. Mulcair changed topics, and noted the places where the nominee for privacy commissioner would need to recuse himself for a conflict. Tony Clement noted Therrien’s thirty years of service, and noted that the commissioner has an office that can act in his stead. Mulcair pointed out that the Official Opposition didn’t agree to the nomination, and that the conflicts pointed out why Therrien couldn’t become the commissioner. Clement said that Mulcair’s attempts to drag Therrien’s name in the mud were shameful. Justin Trudeau was up for the Liberals — two days in a row this week! — and asked about the process for the next Supreme Court vacancy. Peter MacKay said that they intend to consult widely, but were concerned about the leaks in the previous process and that they would proceed with caution. Trudeau moved on, and pointed out that next year, there would be more temporary foreign workers accepted than permanent residents. Chris Alexander insisted that they got rid of backlogs and had increased the number of immigrants. Trudeau shot back that as a percentage of the population, the number of immigrants was down, but Chris Alexander tried to correct Trudeau and took several swipes at their record.
Roundup: Filling the empty seat on the bench
The Prime Minister has finally announced his choice for the new Supreme Court Justice to fill the seat left by Justice Fish nearly a year ago. And yes, this one is qualified, as he currently sits on the Quebec Court of Appeal, where there isn’t a whole lot known or said about him. It has been noted that this is another male appointment – six out of seven for Harper, including Nadon, which keeps the gender imbalance on the bench. This appointment won’t face a “vetting” by a Commons committee, but considering how much of a face that process proved to be, I’m not sure that it’s any great loss.
Roundup: Sona, Coal, and the new Privacy Commissioner
Day one of the Sona trial, and we find that he discussed American-style voter suppression at some point during the campaign. Not that he had any intention of acting upon it, or that he had the means to do so, or that he said he had engaged in it – just that he discussed it. Sona’s lawyer also got some of the witnesses to admit that they got promotions and hefty raises after they talked to Elections Canada about Sona – which is all very curious, but no doubt a big part of Sona’s strategy of undermining the credibility of his accusers.
Roundup: A new $3.5 billion commitment
The government has pledged another $3.5 billion over five years for its Maternal and Child Health initiative, in the hopes of achieving the Millennium Development Goal of 75 percent reduction in maternal mortality by 2020. CBC’s Hannah Thibedeau got a rare interview with the PM along with Melinda Gates, where Harper said that abortion is “too divisive,” which is why they weren’t funding them in developing countries, but the logic there is skewed – should they also not defend gay rights because that’s also divisive and it’s illegal in some countries? Harper also spoke about the settled science around vaccinations – and yet his government is giving tax breaks to naturopaths, which isn’t exactly science. (Also, settled science around climate change, but who’s counting?) Kate Lunau speaks about the need for better statistics including birth certificates in developing countries. Paul Wells savages the PMO’s media control at the summit, and their decision to kick journalists out of the event while trying to make those objections sound like self-obsession.
QP: Unhappiness with the proposed privacy commissioner
Thursday, and not a single major party leader was to be seen in the House — Harper off at the Maternal and Child Health summit in Toronto (where his press minions were kicking reporters out of the various sessions), Thomas Mulcair on tour in Saskatchewan, and Justin Trudeau off campaigning in Trinity—Spadina. Way to show respect for Parliament, everyone! That left Megan Leslie to lead off, brining up the nomination of Daniel Therrien as the new Privacy Commissioner, saying that the author of that legislation shouldn’t then be called upon to critique it. Dan Albas responded, saying that Therrien had a strong record of experience, and that he was identified as the best candidate after a rigorous process. There was a second round of the same, before Leslie turned to the lack of follow-through on maternal and child health goals and the need for reproductive options being made available. Deepak Obhrai praised the initiative for saving lives and decreasing maternal death rates. Nycole Turmel asked the same in French, naming the UN Reproductive Initiative as one of the organizations that the government refuses to fund, to which Obhrai repeated his answer. David McGuinty led for the Liberals, decried the loss of a full construction season due to the poor outlay of the Building Canada Fund. Denis Lebel accused him of misleading the House, and said that six billion dollars of infrastructure funding was flowing. Judy Sgro asked the same and got the same answer, Ralph Goodale quoted figures about how it was affecting municipalities, not that Lebel was swayed, calling the information “false.”
Roundup: A giant loss for Parliament
With a growing list of international projects on child soldiers, genocide, research into PTSD, and two books being written, and a sense of the unhappiness of the institution at present, Senator Romeo Dallaire has decided that he’ll step down next month, around the same time that Senator Hugh Segal is also due to depart. Dallaire’s departure means the incalculable loss of one of our hardest working and most respected parliamentarians, and one of the people most deserving of a Senate seat where his wealth of experience has immeasurably been a benefit to sober second thought, policy development and drafting the expert reports for which the Senate is known for. Dallaire was also not happy with the way the suspension motions around Senators Wallin and so on were carried out because of the lack of due process, but hey, political expediency and all. And of course, the growing number of vacant seats is creating a bigger problem for the institution down the road.