It really was a blow to Stephen Harper, and his judgement when making appointments. The Supreme Court in a 6-1 decision rebuked not only the appointment of Justice Nadon to the Supreme Court, but also the declaratory provisions passed in the omnibus budget implementation bill that made the appointment okay. Nadon never was a Supreme Court justice and remains a supernumerary justice on the Federal Court of Appeal, his appointment and swearing in ceremony null and void. There was a lot of reaction to the decision, including from Justin Trudeau who pointed out that this is a sign that Harper couldn’t even get the big things right, which puts his judgement into question (ironic, since that’s what the Conservatives are trying to attack Trudeau about). The Toronto lawyer who brought forward the challenge wonders why it was left up to him, a private citizen, to do something about the government’s attempt at subverting the constitution, and on his own dime. Adam Dodek walks Maclean’s through the decision, and in a separate op-ed says the ruling represents the entrenchment of the Court’s constitutional independence, and a serious blow to the “transparent” appointment process that Harper put into place. Emmett Macfarlane goes further into the repudiation of the appointment process, and says that the consequences of this decision will almost certainly mean doom for the government’s Senate reform reference. Carissima Mathen, who appeared at committee and said that the declaratory provisions were doomed to fail (and was mocked for it) gets the last laugh. Liberal MP and former justice minister Irwin Cotler draws the lessons from the whole affair as to the flawed appointment process, the government’s own delays in selection, and their ignoring the warnings that Nadon’s appointment was going to present a problem.
Tag Archives: Supreme Court
Roundup: An office to serve non-existent MPs
The NDP are trying to open yet another Hill branch office, but this time in Saskatchewan – where they don’t have any MPs. In other words, trying to claim that it’s for parliamentary work is utter bunk. And “outreach officer” is not a Hill staffer position, by the way. When they claim that they need to be in touch with all Canadians, that’s not the job of Hill staffers – that’s the role of the local riding associations. Their associations are supposed to be the interlocutors between the local communities and the parliamentary party and caucus, a model that is ever weakening in the age of instamembers for leadership votes, and power centralized in leaders’ offices. That the NDP are trying to knock down those barriers between party work and Hill work is another worrying trend about the level of centralization that they are employing.
Roundup: A branch office in Montreal
The Liberals have big questions about the NDP’s “branch office” in Montreal, which they claim is totally for coordinating parliamentary work and is totally not doing any partisan work – really! Note that the NDP complained when the Bloc had an office set up in Montreal paid for out of Parliamentary funds, but when they do it, it’s not problem. What I find intensely curious about the whole affair is not only the way in which several of these staffers have dual titles, and that a number of them are labelled as “outreach.” The thing that I finds a little disturbing is the way that this points to a concerning level of central control when it comes to their MPs and staff, far and above the particular level of centralisation they already have with staffers on the Hill. Suffice to say, it all does look a bit suspicious.
Roundup: Emoting about the economy
The Liberals put out a YouTube video wherein Justin Trudeau narrated their concerns about the economy, which was a lot of angst about the middle class. Because apparently facts and figures can be displaced with talking about feelings. Suffice to say, reaction among economists has been mixed – while some like the format, they are quick to point out some of the inherent problems with the message. Things like the political nonsense that Prime Ministers directly run economies, or the assertion that the middle class “lives off their incomes and not their assets.” (Do you know which is the class that lives off of their assets? Retirees). And then there’s the assertion that middle class incomes have stagnated over thirty years, when they haven’t – they fell drastically and have recovered over that thirty-year period, so it’s not exactly an accurate description. And as Stephen Gordon points out, the recipe Trudeau offers is largely wishful thinking. But why should we let actual facts get in the way of emoting about the economy?
Roundup: Mayrand hits back
Chief Electoral Officer Marc Mayrand hit back against Pierre Poilievre’s slam against him that he is somehow wearing team jersey. Mayrand says the only jersey he is wearing are the black and white stripes – the referee – and the changes in the new Fair Elections Act will mean that he’s no longer on the ice. With time allocation on the elections bill looming, the NDP decided to spend the first half of the sitting day yesterday engaged in procedural warfare, trying to delay the debate on time allocation, with a series of votes that eventually delayed QP itself. With those hurdles now cleared, they are proposing a motion in Procedure and House Affairs committee that they travel around all regions of the country to consult with Canadians on the bill, though I have some concerns about some of the groups they want to hear from. After all, Fair Vote Canada is the largest voter suppression organisation in the country (who else goes around telling everyone that their vote doesn’t count?), and Democracy Watch is pretty much run by a crank that doesn’t have a clue about civic literacy. But hey, consultations!
Roundup: The House returns, 2014 edition
The House is back today! Yay! Oh, how I’ve missed you, MPs. Well, most of you, anyway. You can pretty much expect to hear talk on rail safety, Canada Post, more about the unanswered questions of the Senate scandals, and the budget within a couple of weeks (which sounds like will be a lot about damage control from last year’s budget). In fact, we could see a renewed push on the Senate issue if the Auditor General does release an interim report on his audit of the Senate’s financial controls this week as expected. Peter MacKay is also going to have a busy year with having to craft new laws around prostitution, and deal with the Supreme Court case on assisted suicide. Michael Den Tandt says to expect more of the same.
Roundup: Eight years later
Today marks eight years since Stephen Harper and his Conservatives gained power. How the time flies. Chris Hall writes that those years have honed Harper’s survival instincts (which makes all of those articles about Harper stepping down this year, which are still being published, all the more absurd).
Preston Manning launched a new website to promulgate constitutionally unsound and fairytale notions of Senate reform, coupled with an online poll of which “reform” method Canadians would prefer, with the option of abolition also in there. He plans to give the results to Democratic Reform Minister Pierre Poilievre, who will use the unscientific data to make a number of ridiculous Question Period talking points, and our debate on the health of our institutions will be poorer for it.
Roundup: Trudeau’s mistakes and the sanctimonious reaction
Justin Trudeau admitted that a couple of errors were made in relation to travel claims that should have been charged to the Speaker’s Bureau he belongs to rather than his MP expenses, dating back to 2009 and 2010. He said that it was human error, repaid them by personal cheque, and said that had there been better disclosure rules – like his party has put into place – this would have been caught sooner. And then the partisan spin happened. The NDP tried to somehow wedge this into a kind of Nigel Wright scenario, which makes no sense whatsoever. There were also sanctimonious cries about how he swore he never used his MP expenses for his outside work – and it seems pretty clear that it was a mistake, where the claims were bundled incorrectly, but now we apparently can’t take his word for anything – gods help us if any of his denouncers have ever made a mistake before. Liberal partisans, meanwhile, note that the NDP are the most opaque about their own expenses, for what it’s worth. And for everyone who cries that it should be an MP’s job to speak publicly, I would ask where exactly in an MP’s job description is being a motivational speaker? It’s not. An MP’s job is to hold the government to account and to scrutinise the public accounts, though you’d be hard pressed to find an MP who actually does that these days – I can think of a mere handful. Trying to claim that their job is something else is one more reason why the state of parliament has become so abysmal.
Roundup: An immunity deal
One of the key figures in the case of the misleading Guelph robocalls has made an immunity deal with Elections Canada in order to give his testimony. Andrew Prescott, whose account was used in connection with the calls, has previously denied wrongdoing, and Michael Sona remains the only person charged to date, and he too maintains his innocence.
Jason Kenney is sounding like there may be some flexibility in the Canada Job Grant programme after all – but it would still mean no new funding, just that the provincial matching component would come from the federal government instead. That would mean fewer grants available overall, and the provinces would still lose that $300 million in funding annually. Kenney also announced that they are harmonizing apprenticeship programmes across the Atlantic provinces.
Roundup: Nobody panic, it’s just avian flu
H5N1 Avian Flu has claimed a life in Alberta – someone who contracted it while in China and started feeling ill on the plane ride home. Health officials are saying not to panic as it has so far resisted human-to-human transmission, and those closest to the affected person are being treated with Tamiflu, but the fact that this is going on while H1N1 is back in the news in Alberta, where ten people have died there from that particular virus is certainly causing some alarm.