Tag Archives: Tough on Crime

Roundup: Priority but not a priority

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There are officially three sitting days left for the House of Commons before they rise for the summer, and lo, the bill to reform mandatory minimum penalties is nowhere to be seen, in spite of the government saying it’s a priority. In fact, it’s still at second reading stage, meaning there’s no chance they’ll get it through at this point, in spite of their professed need to do this as a way of combatting systemic racism in the justice system. Nor has there been any debate on the bill to make some of the modernisation plans forced upon the courts by the pandemic to be more permanent (some of it very needed, other aspects a little less so).

The government, meanwhile, is introducing another bill today on a new disability support credit, after they tabled their bill to make changes to the Official Languages Act last week, and you can read this as either promises for an election platform, or a sign that they have plans they want to get to work on in the fall. This being said, it’s been deeply weird to have a sitting of Parliament go by without their being a metric tonne of justice-related legislation in the process, churning its way through both Chambers (and I was remarking in a forthcoming column that the fact that the Senate’s Legal and Constitutional Affairs committee isn’t already overloaded is virtually unheard of).

The procedural shenanigans that have dominated this sitting have been more acute than I’ve seen in all of my years on the Hill, and it’s meant a lot fewer bills making it over the goal line than we’ve seen in a very long time. The fact that you have private members’ bills outpacing government legislation is also virtually unprecedented. This whole session has been nothing but procedural warfare, and it’s only bolstered the narrative of the need for an election. I’m still not convinced anyone actually wants one (other than bored pundits), but the narrative is there if the government wants to grab it, and doesn’t look too nakedly opportunistic in doing so (which is probably easier said than done).

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Roundup: Atwin crosses to the Liberals

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There was a somewhat shocking turn of events yesterday as Green MP Jenica Atwin suddenly crossed the floor to the Liberals, after weeks of turmoil within the party over the policies around Israel. When Atwin made comments about Israel being an apartheid state, one of leader Annamie Paul’s advisors threatened her position, and she decided it was time to go. Remember also that the NDP have a Thing about floor-crossing, and wouldn’t have accepted her, leaving her with just the Liberals as a potential home rather than staying an Independent – no doubt increasing her chances at re-election. She insisted that all of her previous comments and votes stood, no matter that she was now a Liberal, so perhaps she will remain among the more “maverick” MPs in the caucus who don’t all toe the line in the same way.

https://twitter.com/DavidWCochrane/status/1403096836383166465

Of course, with any floor-crossing, we get the same tired chorus of voices demanding that anyone who does cross must immediately resign and run in a by-election, which is nonsense in the broader context of how our system works. We elect MPs – we don’t elect parties, even if that’s your calculation when you go into the voting booth. Why this distinction matters is because we empower MPs to act on our behalf, regardless of the party banner, and then we get to judge them for their performance in the next general election. Sometimes MPs will need to make decisions to cross the floor for a variety of reasons, but usually because it’s intolerable in their current situation, and they make the move. We empower them to do so because our electoral system gives them agency as an individual – they’re not a name off of a list because the party got x-percentage of a vote.

This absolutely matters, and we need to enshrine their ability to exercise their ultimate autonomy if we want our system to have any meaning. Otherwise we might as well just fill the seats with battle droids who cast their votes according to the leader’s wishes, and read pre-written speeches into the record that the leaders’ office provided. The trained seal effect is bad enough – we don’t need to erode any last vestiges of autonomy to please the self-righteous impulses of a few pundits who think that this kind of move is heretical or a betrayal, or worse, to appeal to the desire by certain parties (in particular the NDP) to have their power structure so centralized that they see their MPs as a mere extension of their brand rather than as individuals. Parliament means something – the ability of MPs to make ultimate decisions needs to be respected in that context.

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QP: Security breach and securities regulators

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While the prime minister was off to the G7 meeting in the UK, the only Liberal in the Chamber was Francis Drouin, though Mark Gerretsen would replace him later in the hour. Erin O’Toole led off, accusing the government of hiding a security breach at the National Microbiology Lab. Jennifer O’Connell warned that O’Toole was playing a dangerous game, and that redacted documents were provided to the Canada-China committee and the unredacted documents went to NSICOP. O’Toole accused her of participating in a cover-up, and O’Connell accused O’Toole of not caring about national security. O’Toole scoffed, noting his military service, and worried there was a Chinese “infiltration” at the Lab, which O’Connell countered with a prof at the Royal Military College praising NSICOP. O’Toole then repeated his first question in French, got the same answer as before, adding that she used to be a member of NSICOP so she could vouch for its security. O’Toole repeated his allegation of a cover-up in French, and O’Connell, exasperated, noted that she wasn’t sure how many more times she could say that they turned over the documents in the appropriate way.

Alain Therrien led for the Bloc, accusing the government of trying to create a new pan-Canadian securities regulator which Quebec opposed. Sean Fraser noted that the office cooperated voluntarily with provinces. Therrien tried again, and Fraser repeated that Quebec was not bound to work with that office.

Alexandre Boulerice rose for the NDP, and he condescended to the government about the WE Imbroglio, and demanded that the government respect the Ethics committee’s report. Bardish Chagger thanked the committee for the work, but accused them of being more interested in partisan games. Charlie Angus then repeated the demand in English with added sanctimony and stretched the credulity of the allegations, and Pablo Rodriguez batted away the insinuations.

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QP: Beware Big Arts and Culture

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For the prime minister’s first appearance of the week, he had only Mark Gerretsen on the benches to keep him company (though Francis Drouin arrived after the PM left when the leader’s round ended). Erin O’Toole led off, script on mini-lectern, and he wondered if the government filing an amicus briefing in American courts mere hours before the threatened closure of Line 5 was an admission of failure of diplomacy — not that the Michigan governor has the power or authority to shut down the pipeline. Justin Trudeau replied that they filed the brief and are continuing to engage and encouraging mediation between the parties involved. O’Toole asked the same question in French, got the same answer, and then he asked why Trudeau personally approved a raise for General Vance if his office was investigating him for sexual harassment, and Trudeau stated that his office did not investigate, but that was PCO, as political offices should never conduct investigations, before he gave some usual bromides about supporting men and women in uniform. O’Toole related the question in English, got the same answer, and then insisted that he caught out Trudeau in a lie, stating that Katie Telford was apparently “investigating” when she sought assurances the allegations didn’t pertain to a safety issue, but Trudeau shrugged off the allegation and repeated his usual assurances of taking all allegations seriously and following the same process the Conservatives did in 2015.

Yves-François Blanchet rose for the Bloc, and he groused about time allocation on C-19, insinuating that the prime minister wanted an election in a pandemic. Trudeau disputed that, stating that he doesn’t want one, but the Bloc and Conservatives obviously do because they voted against a confidence issue. Blanchet said he wasn’t afraid of an election but didn’t want one, and repeated the allegation, and Trudeau considered this far-fetched, but they need to be prepared in a hung parliament for a possible election, since the opposition apparently wants one.

Jagmeet Singh led for the NDP, and accused the government of sending the military to spy on Black Lives Matters protests, and Trudeau agreed that the reports were concerning and he was looking into them. Singh repeated the same question in French, as though Trudeau didn’t just deny involvement, and Trudeau repeated his same response. 

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Roundup: Accusing your opponents of encouraging mass deaths

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My patience for the current round of blame-shifting in the handling of this pandemic has pretty much reached its breaking point, and Alberta’s justice minister has crossed a line. Recall that a week ago, NDP MP Heather McPherson accused the prime minister of rather watching Alberta burn than help Jason Kenney – a statement that borders on psychotic and ignores the billions of dollars in federal aid that has been extended that Kenney has either sat on or declined. Of course, McPherson, like her leader Jagmeet Singh, seems to think that the federal government should be invoking the Emergencies Act and swooping in to take over the province, which is nothing more than a recipe for a constitutional crisis the likes we have never seen in this country. (Can you imagine the reaction in the province if Trudeau did this?)

Well, yesterday Alberta’s justice minister declared that the provincial NDP opposition, the federal government, and the media, were all cheering on a COVID disaster in the province, which is absolutely boggling. To think that your opponents literally wish death upon Albertans is some brain worm-level thinking, and yet here we are – and no, the minister would not apologise, citing that his opponents were trying to exploit the pandemic for political purposes. This is nothing short of insane, and yet this kind of thinking is clearly rearing its head as the provincial government flails, under attack by all sides, and frankly, reaping the unhinged anger that it has been sowing for years and thinking they were too clever to get caught by.

But in the midst of this, there was a column in Maclean’s yesterday which declared that it was “partisans” that were the cause of this blame-shifting, and then proceeded to pathologically both-sides the issues until my head very nearly exploded. It’s not “partisans” – it’s political actors who are to blame, and trying to pin this solely on people who vote for them is ridiculous. I will say that a chunk of the blame does rest on media, for whom they downplay actual questions of jurisdiction as “squabbling” and “finger-pointing,” thus allowing premiers in particular to get away with the blame-shifting and hand-waving away their responsibilities, and it’s allowed this obsessive fantasy about invoking the Emergencies Act to keep playing itself out – especially because most of these media outlets have been cheerleading such a declaration (so that they can fulfil the goal of comparing this to Trudeau’s father invoking the War Measures Act during the October Crisis). If media did a better job of actually holding the premiers to account rather than encouraging their narratives that everything can be pinned on the federal government (for whom they have some of their own issues they should be better held to account for), there may have been actual pressure on some of them to shape up long before now, and yet that doesn’t happen. Absolutely nobody has covered themselves in glory here, and it’s just making this intolerable situation all that much worse.

https://twitter.com/robert_hiltz/status/1391949740896657410

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QP: Curious expectations of the ombudsman

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For the one-year anniversary of the declaration of the pandemic, there were more MPs in the Chamber than we’ve seen in weeks — there was more than bare quorum for a change, and not only was the prime minister present, but so was Catherine McKenna and three other Liberals — it’s almost a miracle. Before things got underway, a moment of silence was called for the victims of the pandemic. Erin O’Toole led off, script on mini-lectern, and he said that PCO told the PMO that the military ombudsman was not in a position to investigate sexual misconduct — which isn’t what anyone was asking, but may instead have been based on a poor interpretation of something the minister had said — and accused the government of a follow-up. Justin Trudeau reminded him that they take allegations seriously, and that politicians cannot do the investing, but appropriate independent authorities must do it. O’Toole tried again twice more with increasing sanctimony, and Trudeau repeated his same answer. O’Toole then pivoted to the 40-day delay between vaccine doses and if the off-label use would have an impact on the contract with Pfizer, and Trudeau reminded him that politicians don’t give guidance around vaccines, but experts to. O’Toole repeated the question in French, and got the same response. 

Yves-François Blanchet rose for the Bloc, and in light of the day, wanted them to put partisanship aside…and accede to the provinces’ demand for $28 billion without strings. Trudeau reminded him of the increased transfers they already gave for during the pandemic and an assurance that they would negotiate increases after it was over. Blanchet tried to then affect some gravitas in demanding that all seniors be given additional supports and not just those over 75. Trudeau explained that older seniors have greater needs than younger ones, which is why the government was giving them additional supports.

Alexandre Boulerice led for the NDP by video, and he returned to the allegations around General Vance, for which Trudeau gave a paean about working harder to giving support to victims and in transforming in institutions like the armed forces and the RCMP. Lindsay Mathyssen repeated the question in English, with an added demand for an apology, and Trudeau repeated his same paean, but he disputed the assertion that the government did nothing, and he listed some of those actions.

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Roundup: More alike than unalike

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The NDP decided that the bilateral meeting between Justin Trudeau and Joe Biden was the perfect time to take to shitposting about it, in the form of a juvenile mock-up of the agenda items, and making their remarks on them. Because this is where we’re at in this country – our two main opposition parties have decided that the online tactics of shitposting are definitely the way to win the hearts and minds of Canadian voters.

In the NDP’s case, this is not only about trolling Trudeau, but also Biden, because they have made a concerted effort to appeal to the Alexandria Ocasio-Cortez/Bernie Sanders fanbase – consistent with their lifting their policy ideas wholesale, no matter whether or not they have any relevance in the Canadian context. This tends to involve a certain amount of trying to “win the Internet,” whether it’s with Jagmeet Singh adopting TikTok memes, or the culmination of this attempt to co-opt American Democrat cred when Singh and Ocasio-Cortez played Among Us over Twitch as part of a fundraiser. As a more centrist, compromise candidate, Biden is seen as a betrayal of the progressive wing of the Democrats, and you can bet that the Canadian New Democrats trying to appeal to them is going to cash in on that as much as possible.

None of this should be too surprising, however – the NDP have long-since abandoned any real sense of ideology for the sake of being left-flavoured populists, running after flavours of the week and pursuing policies that don’t actually make sense for their own purported principles (like their demand to cut the HST off of home heating, which would only disproportionately reward the wealthy). In this way, they have been more like the Conservatives than unalike for a while now, but with this full-on embrace of shitposting (as opposed to simply the mendacious omission of jurisdictional boundaries in their demands) just drives that point home.

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Roundup: Not calling out conspiracy theories

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Conservative MP Cheryl Gallant has been spreading conspiracy theories about the Liberals on her YouTube channel, and in conversations with campus conservative clubs, and how does The Canadian Press frame it? “Tory MP Cheryl Gallant accused of peddling ‘deranged conspiracy theories’ by Liberals.”

No.

Gallant outright peddled batshit lunacy, and CP went and both-sided the it rather than point out what Gallant was up to. “The Liberals say this. The Conservatives say this. Who’s right? You decide!” No, that’s not good enough. This is exactly the reason why political leaders realised that they could get away with outright lying to people – because they’re not being called out on it, since these outlets feel the need to be performatively “objective” and “fair,” and both-sides rather than be objective in pointing out that the kinds of things Gallant is saying are outrageous falsehoods in the headline and lead paragraphs. And speaking of leaders who lie, what was Erin O’Toole’s response when this was brought up? That this was just the Liberals trying to create a distraction. Seriously, that’s what he said. So, he’s tacitly endorsing that this is the kind of thing that’s okay in his party. Then again, he’s been fine with the outrageous lies being told by his MPs in Question Period and on social media, and has contributed more than a few of them himself, so I’m not sure why I’m surprised that he hasn’t drawn the line at behaviour like Gallant’s.

Another case in point of how media is doing active harm has been the way the COVAX Facility has been framed, as every single outlet calls it a way to give vaccines to poor countries as though it’s some kind of charity. It’s not, and that framing is wrong, and actually undermines the programme. (Case in point here). The whole gods damned point of COVAX is for wealthy countries like Canada to sign up and get doses from them so that it encourages them to invest and use their capital to leverage vaccine manufacturers to scale up production, and gives heft to the bulk purchases so that low-income countries can get equitable access. Yes, it has a separate arm that is solely about donations, but the main programme relies on countries like Canada to buy doses from there, not just donate money. And yet you wouldn’t know it ready or listening to any media outlet in this country. (And seriously – the reason other G7 countries have not taken their doses is because the only vaccine available through COVAX at this point is the AstraZeneca vaccine, which those countries are apparently producing for themselves so they don’t need that vaccine.) But hey, there is an established narrative that the media consensus has decided to feed into rather than taking ten minutes to read the gods damned GAVI website to understand how it works so that they can describe it properly, and we must service the narrative, right?

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Roundup: Making progress on mandatory minimums

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It only took six years and two justice ministers, but the Liberals have finally started making good on their promises for sentencing reform, and eliminating a broad swath of mandatory minimum sentences – many of which had already been struck down by the courts – particularly those related to drug offences. The goal of these reforms is to reduce the over-incarceration of Black and Indigenous people, as opposed to dealing with the opioid epidemic. With that in mind, there is an emphasis in the bill on conditional sentences, as well as not prosecuting a number of drug-related crimes, but rather making them ticketed offences, but again, this leads to a great deal of discretion on the part of police and prosecutors. Prosecutors have been given direction to avoid prosecuting a lot of simple possession drug cases, but again, we’ll see how effective that is in practice.

Here’s criminal defence lawyer Michael Spratt – a frequent critic of the government – giving his read of the bill:

Certainly, one of the aspects around the conversation about decriminalisation is that there is certainly some suspicion that this is as far as the Liberals think they can go at this point in time, because there isn’t a broad national consensus on the issue like there was around legalising marijuana, but that may be accelerating given the kinds of conversations we’re having around the opioid deaths that are happening in this country, and how much they’re affecting people of all walks of life. I’m somewhat sympathetic to this notion – this government has been moving the needle on a lot of social issues, and there is a fine line to be walked, lest it give ammunition to the Conservatives who can prey on cultural unease about these kinds of things. Not that their position hasn’t moderated slightly, but it’s still fairly contradictory in that they think people with addictions need treatment – but they oppose harm reduction that helps people survive until they are ready to seek treatment, and still support mandatory minimum sentences, which don’t do anything about addictions or treatment, and can exacerbate them. Change – particularly societal change – doesn’t happen overnight, and these are good first steps that will hopefully pave the road for greater change as time moves along.

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Roundup: Domestic vaccine production…eventually

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There was a sliver of positive news yesterday, when it was announced that the federal government had signed a deal with Novavax to produce their vaccine in the future National Research Council facility in Montreal. The catch? That facility won’t be completed construction until summer, and then it will require Health Canada approval, so it may not be able to produce new doses until the end of the year – at which point, most Canadians should already be vaccinated using the Pfizer and Moderna doses we’ve contracted for. That doesn’t mean this facility still won’t be for naught – it’s possible we will need booster shots for the other vaccines, possibly do deal with different variants (and Novavax has shown success with the B.1.1.7 variant first spotted in the UK), and it also means that we will be able to produce for export to other countries who will need it.

Of course, this started back in on the same questions about why we weren’t able to produce vaccines domestically earlier, and why this plant is taking so long. Of course, this plant is actually moving faster than is usual – Good Manufacturing Practices facilities to produce vaccines usually take two or three years to build, not a single year, and there are several other facilities under construction across the country for other vaccine candidates. As for the same questions about why we didn’t contract to produce other vaccines here, it was because there were no suitable facilities – particularly from the approved ones. (This NRC facility was in talks to produce the AstraZeneca vaccine, but there is also talk about why the PnuVax facility in Montreal has not yet been tapped – but it may yet be for a future candidate once approved). And for the Pfizer and Moderna vaccines, we simply didn’t have facilities in this country that could produce mRNA vaccines to scale (most existing mRNA production was on a single-dose system for tailored vaccines used for treating particular cancers). And these are things we a) can’t build overnight, and b) didn’t know were even viable because it’s a new technology that had not yet been approved for a vaccine, especially on the scale of the one we’re dealing with now. It would have been a hell of a gamble to build a facility to GMP standards for a vaccine technology that may not have panned out.

Why I’m particularly annoyed about the return of these questions – particularly from the likes of Jagmeet Singh as he appeared on platforms like Power & Politics – is that they pretend that any vaccine facility can produce any vaccine, ignoring that not all vaccines are created equally, or that the technology to produce vaccines isn’t different across platforms. Singh’s notion that a nationalised vaccine producer should have been able to handle this is also farcical because again, what platform would it have bet on? All of them? It’s ridiculous and dishonest – as have been the demands to make the vaccine procurement contracts public (which no other country has done), because all that would do is allow other countries to look at what we paid, and then offer the companies more money to break the contracts with us. (And FFS, both Singh and Erin O’Toole are lawyers and should know this). The kinds of point-scoring that is taking place right now is getting to be beyond the pale, and it’s obscuring the actual kinds of accountability we should be practicing.

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