Things with the CRA seem to be taking a turn for the bizarre as they are getting into a fight with well-known charity Oxfam over the charity’s stated goal of trying to prevent poverty around the world. According to the CRA, that’s not an acceptable goal – they should only try to alleviate poverty, as preventing it might benefit people who are not already poor. Yeah, I’m still trying to figure that one out too. According to CRA, the courts haven’t found that that the risk of poverty is the same as actually being in need, so this splitting of hairs means that they can’t put “prevention” in their purpose statement. And it’s not like this is part of the supposed “crackdown” on charities either – this had to do with a regular process of renewing Oxfam’s non-profit status, but it has been noted that Jason Kenney singled them out earlier in the year over their opposition to Israeli settlements in the West Bank. Why the CRA would play petty politics for any minister – especially one that they don’t report to – sounds a little too odd, but this whole situation is just so strange that it will invite conspiracy theory.
Tag Archives: Temporary Foreign Workers
Roundup: Right vs privilege confusion
The government announced its intention to introduce new gun control legislation in the fall that will be “common sense,” designed to reduce red tape, but would include some new measures like mandatory safety courses and bans on firearms restrictions on those who have been convicted of domestic abuse. In particular, the government was motivated to ensure that those Swiss assault rifles are no longer prohibited, concocting a rather fanciful notion that owners of those weapons – which were reclassified as restricted – would somehow wind up in jail, though that has never happened with a gun reclassification before. Still, it was enough to rile up their gun enthusiast base. More troubling, however, was the fact that the minister referred to gun ownership as a “right,” which it most certainly is not in Canada. The Supreme Court has ruled repeatedly that gun ownership in Canada is a privilege and not a right. When asked about this contradiction, the minister stated that “it’s a right that has responsibilities, it’s a privilege.” Which of course makes absolutely no sense at all because it’s one or the other, and the Supreme Court has already ruled.
Roundup: Distraction sauce on the satellite offices
The Commons Board of Internal Economy met yesterday, briefly, but came to no resolutions about NDP satellite offices because an hour before the meeting, the NDP delivered more documents that the committee didn’t have time to consider. And meanwhile, Peter Julian put on a big dog and pony show about the “Kangaroo Court” that is the Board, and how they want it opened up, and so on. And that’s really where the whole narrative falls apart. This tactic of releasing more documents just before the meeting smacks to me of the same thing they tried when Mulcair was called before committee, where they produced untranslated documents – something they know won’t be distributed (and usually they are the first to complain, given their Quebec-heavy caucus). And then they want the doors thrown open, so that they can put on the same demonstration of obfuscation and bafflegab that Mulcair did at committee, where he not only talked around his answers, but made untrue allegations under the protection of parliamentary privilege (lest we forget the falsehoods about Conservatives co-locating party and MP offices), all the while every NDP staffer was on Twitter proclaiming that “this is what transparency looks like.” Indeed it was. That they rather transparently want to do the very same thing at Internal Economy makes it seem all the more reasonable for the other parties to say no. Thrown into this are their demands that the Auditor General audit everybody – in order to spread blame around – and demands that Internal Economy be blown up and replaced with a more open body (thus providing yet another ground for partisan showmanship, and depriving MPs and administration a place for full and frank discussion about administrative matters) all smacks of one thing – distraction sauce. Delicious, delicious distraction sauce. You’ll pardon me if I prefer my sauce on the side.
Roundup: Parsing the bribery charge
Mike Duffy says that he looks forward to his day in court, and wants it sooner rather than later. Considering that the court system is a little jammed, that may not happen sooner. In the aftermath of the charges, Kady O’Malley delves further into the reasons why Nigel Wright wasn’t charged with bribery even if Duffy was charged for accepting said bribe (hint: proving the intention of “corruptly” makes it a high bar for prosecutors), as well as the rules around sitting parliamentarians testifying before the courts. Stephen Maher looks at those charges relating to what Duffy was charging the Senate for partisan activity and wonders what the party knew about those expenses.
Roundup: Hostile witnesses
Kady O’Malley looks at how sex workers were treated as hostile witnesses at the Justice Committee, in particular by Conservative MP Stella Ambler – who, it should be noted, isn’t even a regular member of that committee. Any of their experiences in which they stated that they weren’t victims were often dismissed or challenged as being somehow untrue, which is unfortunate but not surprising given that the government has a narrative around this bill that they intend to push.
Roundup: Missing the point about parties
In a piece that bothers me immensely, Susan Delacourt puts forward the notion of abolishing political parties, and then applies a bunch of marginal reasons like branding and narrowing voter pools. The problem is that she ignored the whole point of political parties under Responsible Government – to have a group that can maintain the confidence of the Chamber in the formation of government. Which is actually a pretty big deal and why coalition governments don’t really work as well in our system as they might in others. “Oh, but Nunavut doesn’t have parties” or “most municipalities don’t have parties” people – including Delacourt – will cry, but it’s a nonsense argument because they have a small handful of members, and it doesn’t scale up to 308 MPs on any practical basis. You could not adequately run a government or maintain confidence with 308 “loose fish.” Also, the notion that brokerage is “antiquated” is false – otherwise we’d see all kinds of “bridges to nowhere” riders in government bills to get MPs onside to win support – again something that would be endemic with trying to get the support of a chamber of independents. That’s not to say that there aren’t problems with parties right now, because there are, but the solution is to have more people engaging with them so that the power doesn’t remain concentrated – not to simply throw the baby out with the bathwater. Sorry, but Delacourt’s argument has no merit.
Roundup: Conflating sex work with trafficking
The hearings into the prostitution bill wrapped up yesterday, and clause-by-clause consideration of the bill, along with amendments, will take place on Tuesday. Yesterday’s testimony included warnings not to confuse prostitution with human trafficking, which are different and human trafficking already has laws in place to combat it (though there have not yet been many charges). Of course, Conservative MP and booster of the bill, Joy Smith, says that the two are “symbiotically linked,” but again, separate regimes – just like talking about child sexual exploitation has nothing to do with adult sex work, and is a separate provision in the Criminal Code. Amongst the other nonsense that Smith went on Power & Politics to talk about included her assertion that maybe there are “one or two or three” sex workers who do it willingly, despite that being in complete contravention to testimony heard. It just didn’t fit with her established narrative, and as she often does, she rejects it outright. Surprisingly, a group of Anglican clergy have come out against the bill because of the effect it will have on those sex workers when it forces the trade further underground. And then, once the hearings wrapped, Conservative MP Stella Ambler sent out this gem, which pretty much shows you her belief that there is apparently only one side to this whole debate:
Apparently Stella Ambler thinks there's only one side to the debate on #C36. Cripes. pic.twitter.com/pkhcSJGt6m
— Dale Smith (@journo_dale) July 10, 2014
Roundup: Defending Goguen, unbelievably
The former trafficked prostitute that Robert Goguen asked that braindead question to the other day at committee was out defending him and his awful, aren’t-I-clever straw man of a question to the press, saying that she refused to let him apologise, and accused the media of basically inventing a controversy. It’s utterly unbelievable. Meanwhile, one of the architects of the Sweden’s “Nordic model” has said that the proposed Canadian law won’t stand up to the Charter, in particular because of the portions that still criminalise the sex workers, such as if they are working at a place where children could be present. (And on a side note, there are no credible studies that show there to be a real decline in prostitution in Sweden, as the figures that show a decline are mostly police stats, which don’t capture how it’s been pushed further underground). Here’s a look at seven of the voices we’ve heard so far in the prostitution bill hearings at the Commons justice committee, from all ends of the spectrum. Of course, there has been plenty of testimony from women who have been victimized terribly, but little of it seems relevant to the bill because what they suffered is already illegal and not actually the scope of what the bill is supposed to be achieving, thus further muddying the waters.
Roundup: Clarity for First Nations titles
The Supreme Court has given a unanimous ruling granting a title claim to the Tsilhqot’in First Nation in BC, over a large area of land in the south central part of the province, ending a 25-year court battle over forestry claims and a 150-year dispute between that First Nation and the Crown. Because most of BC’s First Nations don’t have treaties yet with the government, this ruling impacts them in particular, and will make sure that the government has a greater role to play in fulfilling its consultative duties to First Nations as more resource and pipeline projects come up. The ruling also declares that provincial governments have regulatory authority over land obtained by First Nations people through court cases or land claim negotiations. While the ruling has been said to give clarity to negotiations, it also raises the possibility that some First Nations will abandon their negotiations with the government in favour of turning to the courts to establish title or land claims, which should be a red flag seeing as treaty negotiation is a Crown prerogative, and we should be careful about delegating it to the courts. Terry Glavin gives the backstory to the whole dispute dating back to 1864 here.
Roundup: A doomed and dangerous challenge
Toronto lawyer Rocco Galati, of the Nadon case fame, is going ahead with his challenge of the government’s citizenship bill, but it’s a nightmare of a challenge because it’s based on a completely wrong-headed understanding of the way our system of responsible government works. Galati names the Governor General in the suit, saying that signing the bill into law went beyond his constitutional mandate. The problem is, of course, is that ours is not a system where the GG can refuse royal assent unless it’s a measure that is so egregious that he or she is willing to risk a constitutional crisis. Responsible Government is all about the Crown acting on the advice of government, and by granting royal assent, it does several things: it grants authority to the new law in the name of the Sovereign; it represents the people agreeing to live under the rule of law; and the Queen as the embodiment of the state, emphasises that we all live equally under the law. Galati argues that provisions of the bill are unconstitutional, but remember that it is still within the authority of the courts to strike down a law – that come under the powers of the Crown as the font of justice, whereas royal assent is a function of the Crown-in-Parliament. Galati seems eager to mix the two and would have the GG get legal opinions before any bill is signed into law – a complete distortion of our system of government and the separation of powers that exists between the Courts and Parliament. That Galati had tried to get the courts to block royal assent before it even happened is a further sign that he not only doesn’t understand the system, but is wilfully trying to undermine it regardless of the dangers or consequences of such moves. Only madness lies down the path Galati is trying to tread, but because he has no legal merit for the ruling, it won’t get very far, fortunately.