Tag Archives: Tough on Crime

Roundup: Profiles in courage

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After avoiding the media for over a week while questions about his personal positions on abortion and LGBT rights were being debated, Andrew Scheer called a press conference yesterday to say that Justin Trudeau was lacking in courage for not agreeing to the Maclean’s and Munk debates (well, he hasn’t agreed yet, but he also hasn’t said no). Mind you, the guy talking about courage and showing up has been avoiding the media for the past week, so that’s no small amount of irony. Oh, and he also accused the Liberals of trying to deflect from their record by dredging up Scheer’s statements on “divisive social issues.” That said, Scheer hewed strictly to talking points that continued to make cute distinctions between a hypothetical future Conservative government and backbenchers, and essentially said that they could put forward any bill they wanted and he wouldn’t stop them – only he wouldn’t say so in as many words. To that end, it’s also worth reminding people that as Speaker, Scheer went out of his way to ensure that anti-abortion MPs got speaking slots when the Conservative leadership was trying to keep them under wraps, so that might be a clue as to how he’d treat possible future private members’ bills.

This having been said, I now wonder if the strategy for the Liberals isn’t to just bring social progressives and Red Tories to their side, but to try and goad Scheer into painting himself in enough of a corner with trying to assure Canadians that no, he would squelch any anti-abortion or anti-GLBT private members’ bills – really! – in the hopes that it would discourage the social conservatives in Scheer’s base into staying home, thus driving down their voter turnout. It would be novel if that’s what it was, but I guess we’ll have to wait and see.

Meanwhile, the Conservatives put out a fundraising video yesterday featuring Stephen Harper, which is kind of ironic considering that they keep accusing the Liberals of dredging up Harper, only for them to do the very same thing. And with this in mind, I will often note that political parties these days have pretty much all hollowed themselves out into personality cults for their leaders, but with the Conservatives, they remain a personality cult for their former leader, Harper – that Scheer has had such a lack of personality or willpower to change the party to reflect him (though he did campaign on being Harper with a smile in the leadership, so that’s not too unsurprising). Nevertheless, bringing out the old leader in advance of the election is an odd bit of strategy that can’t speak too highly of the current leader.

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Roundup: Unserious knee-jerk suggestions

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As expected, some of the sillier suggestions for avoiding future SNC-Lavalin-type Affairs have started cropping up, and yesterday, Policy Options hosted one from the head of the Canadian Taxpayers Federation. His suggestions? Splitting the role of Attorney General and Justice Minister, and to ban omnibus bills.

On the former, it’s clear that he didn’t actually read the McLellan report beyond the headlines, because he would have seen – as Paul Wells pointed out so ably in his own piece – that the guidelines that McLellan puts forward in the report would have prevented this whole sordid affair before it got off the ground. (Side note: It may not have prevented Jody Wilson-Raybould from being shuffled, given the lack of competence she had demonstrated in the role overall, and Scott Brison was going to retire regardless, so that likely would have happened, but the fallout may not have gone quite the same way). There is no reason given in the Policy Options piece for rejecting McLellan’s advice – just that the whole Affair has damaged the public confidence. So that gets a failing grade.

As for the suggestion to ban omnibus bills, he doesn’t quite grasp the magnitude of the suggestion. He claims, not incorrectly, that they exist for the sake of efficiency, but that efficiency is largely because there are many pieces of legislation every year, where if you introduced individual bills for each component – such as around technical changes in a budget implementation bill – Parliament would grind to a halt. There is a time and a place for omnibus bills – the difference is when they are being used abusively. The Conservatives stuffing changes to the Canadian Environmental Assessment Act into a budget implementation bill? That’s abusive. The Deferred Prosecution Agreement provisions being put into the budget bill? It’s borderline, but it wasn’t hidden or snuck through – it was in plain sight, the committees in both Houses each saw it and dealt with them (albeit less effectively on the Commons side), and the Commons has new rules to deal with splitting up votes on omnibus bills. Ironically, if the DPA legislation had been put forward as a separate bill, it likely would have languished until swallowed up by an omnibus justice bill, as happened to several other criminal justice reform bills over the course of the last parliament (speaking of Wilson-Raybould’s ability to manage her own bills). But the suggestion to simply ban all omnibus bills is unserious and jejune, and a perfect example of the kind of knee-jerk suggestions we’re going to see plenty of in the days ahead.

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Roundup: Clarity on “partisan” ads

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That report that climate change advocacy could be considered “partisan” during the writ period had a lot of people talking yesterday – but the problem is that it seems to have been a bit overblown, which I’m chalking up to Environmental Defence overplaying the advice from Elections Canada, and The Canadian Press reporter not getting enough context around that advice. In any case, Elections Canada was playing some damage control, specifying that it had to do with paid advertising and not advocacy writ-large, while various party leaders took shots at the absurdity of it all. And to walk through some of it, here’s Jennifer Robson to allay some of your fears.

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Roundup: Sticking with the date

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You may recall that last week, the Federal Court granted judicial review to the Conservative candidate looking to change the election date because it clashes with a particular orthodox Jewish holiday, and lo, the Chief Electoral Officer set about to review his decision. Yesterday he announced that he’d reviewed it, and he was still confident that there wasn’t sufficient reason to change it – moving it back a week would put it in conflict with a bunch of PD days in schools that they needed to use for polling stations, and it would collide with municipal elections in Nunavut, and there were still plenty of options, be they advance polls or special ballots, for those affected by the orthodox Jewish holidays. That decision goes to Cabinet, who will make the final call later this week.

But then something curious happened – a couple of Liberal MPs tweet their dismay at the CEO’s decision, which is a little odd because, well, it’s not really his call. He’s making a recommendation, and Cabinet makes the final decision because the dissolution of Parliament for an election is a Crown prerogative, meaning that it depends on the Governor-in-Counsel (i.e. Cabinet advising the governor general) that makes the decision, regardless of our garbage fixed election date legislation. So if they’re tweeting dismay, they should direct their pleas to their own government rather than to harass the CEO.

This having been said, I am forced to wonder if this isn’t part of the fallout from the aforementioned garbage fixed election date. One of the justifications for said garbage legislation is that it’s supposed to help Elections Canada plan, rather than scramble in the event of a snap election call – but it’s starting to feel like perhaps those plans are also getting a bit precious, which is a bad sign for an institution that is supposed to be adaptable in order to accommodate the election call, whenever it may be.

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Roundup: TMX is go

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It wasn’t unexpected that the Trans Mountain pipeline expansion was given the green-light by the government, with assurances that there would be construction this season – but there are still details to come. More accommodations were made as part of their Indigenous consultations, and it sounds like there may be more details to be ironed out, particularly around one First Nation who is concerned about the pipeline traversing their aquifer. More than anything, however, Trudeau made it clear that any profits from this pipeline – which could be $500 million per year – would go toward clean energy projects. (It also needs to be said that Trudeau came and faced the media for this announcement – something Harper never did with Northern Gateway).

https://twitter.com/andrew_leach/status/1141060718743048192

None of this was good enough for Trudeau’s critics, however – Andrew Scheer made up a bunch of nonsense about how the government failed to get the project moving until now, Jagmeet Singh flailed about how this was contrary to climate goals, and Elizabeth May was in high dudgeon about how this made a mockery of all other climate actions (never mind the fact that oil would flow by rail without this pipeline, and this actually reduces emissions overall – crazy, but true). John Horgan promised to keep fighting the pipeline, while Jason Kenney promised to keep fighting every other environmental measure.

And then the hot takes – Aaron Wherry enumerates why this pipeline is the compromise that it is. Chantal Hébert doesn’t think that this approval will be the political problem that some think it will be. Jody Wilson-Raybould isn’t a fan of the approval, for what it’s worth. Don Braid waxes about how this entrenches the view of Alberta as a “resource bucket to pay for national dreams.” (Erm, isn’t that exactly what Kenney and company keep selling?)

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Roundup: It’s TMX Day

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Today is the day that the government will make their decision on the Trans Mountain Expansion, and it should not be a surprise to say that they are almost certainly going to approve it, having spent $4.5 billion on the existing pipeline to “de-risk” the project, and far more in political capital at the cost of some of their BC, Indigenous, and environmental base while trying to insist that this is necessary for the transition to a cleaner economy. Of course, if they could communicate their way out of a wet paper bag, it might help them to make that case, but they seem incapable of it. The real question is going to be what kinds of changes to the route will be made in order to accommodate Indigenous groups, or other conditions to be mandated as part of it.

There will be much talk about the “pipeline crunch” that the TMX will hope to address, which has to do with added oilsands production and not enough ways to get it to market, given ongoing delays on the American side of both Enbridge Line 3 and Keystone XL – projects which have been approved in Canada, and the Line 3 construction has been ongoing on the Canadian side. But as much as TMX will help, we also need to remember that the projected growth capacity is limited, which is another reason why Energy East doesn’t make economic sense. The concern that the sector needs all kinds of new pipelines isn’t actually borne out in the data (as Andrew Leach has pointed out repeatedly, including here).

On a related note, the government has rejected most of the Senate amendments to Bill C-48, on the tanker ban, but did agree to the five-year legislative review period, but as much as industry groups are demanding that this bill and Bill C-69 be killed, it’s not going to happen.

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QP: Condemning Kenney’s threats

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Justin Trudeau was present for the first time in almost two weeks today, while Andrew Scheer was again absent. Lisa Raitt led off, worrying about the amendments to Bill C-69 from the Senate, and raising the letter from Jason Kenney and company threatening national unity if they don’t pass. Trudeau stated that they welcome the suggestions from the “independent” Senate, but said that a premier threatening national unity if he doesn’t get his own way needs to be condemned. Raitt said that Trudeau thought he was above the premiers, and Trudeau stated that he meets with premiers unlike Harper, but returned to his condemnation of the threats to national unity. Raitt worried that Trudeau was bringing on a constitutional crisis, and Trudeau reminded her that one of those amendments would make Indigenous consultations optional, which was not the way to move forward. Alain Rayes took over in French, and he demanded respect for premiers. Trudeau reiterated in French that he has worked with premiers, but Conservative premiers who threaten national unity needs to be condemned. Rayes claimed that the PM was attacking premiers at every opportunity, and Trudeau reiterated his response. Jagmeet Singh was up next, and he repeated his demand from yesterday to impose a price cap on cell phone companies, to which Trudeau picked up a script to list measures that the government has taken which means lower bills in regions where there is more competition. Singh repeated the demand in French, and Trudeau read the French version of his script in response. Singh then painted himself as brave enough to stand up to telecom companies, and repeated his demand, to which Trudeau extemporaneously assured him that the government was making investments to improve connectivity, including in rural areas. For his final question, Singh quoted a news story where a Liberal MP’s law firm may have been involved in a money laundering transaction, to which Trudeau read from a script about the task force they set up to deal with money laundering.

https://twitter.com/davidakin/status/1138511571515301888

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Roundup: Disingenuous threats to national unity

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As bullshit political theatre goes, Jason Kenney continues to exercise it to its fullest as he released an “urgent letter” to the federal government yesterday, co-signed by five other premiers (four of them conservative, one of them without ostensible party affiliation) to demand that both bills C-48 and C-69 be withdrawn, and warns of consequences to “national unity” if they are not. And it’s a bit galling to play the national unity card, considering that it’s both groundless and petulant – like a tantrum where a child threatens to hold his breath until he turns blue to teach his parents “a lesson.”

Nobody is going to pretend that these are perfect bills, but for the purposes of what is being argued, neither can do the harm that Kenney and his allies are claiming. For example, C-48 will not landlock their resources, and there has been expert testimony to say that it would have a negligible impact on the oil and gas sector because there are no pipelines along that route, nor are there any planned (thanks in large part to how badly the Conservatives botched the Indigenous consultations on the Northern Gateway project). And C-69 is not going to make major infrastructure projects impossible – if anything, it would have a better chance of streamlining environmental assessments by ensuring clearer lines and better scoping of those assessments, so that there can be more focused work with the assessments. But the status quo is simply a path of more litigation because the current system is badly flawed. The branding it as the “no more pipelines bill” is and always has been disingenuous and an outright lie, but that’s what this all boils down to.

Kenney and company have lied repeatedly about the current government’s environmental programme – abetted by the fact that this government can’t communicate their way out of a wet paper bag, and they somehow refuse to call Kenney, Scheer, and company, on their bullshit. And given that Kenney managed to win an election by whipping his electorate into a state of irrational anger with a diet of lies and snake oil – anger that won’t abate now that he’s in charge – the attempt to export that technique to the rest of Canada is dangerous, but they don’t seem to care. That is the real threat to national unity, and it’s Kenny and company who are stirring it up, and they should be called out for it.

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Roundup: A line-by-line review

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If the tweets of Cabinet ministers are to be believed, Cabinet is currently seized with doing a line-by-line review of the amended Bill C-69 that was sent back to them from the Senate earlier this week. By all accounts, the current form of the bill is a complete dog’s breakfast that includes a number if contradictory clauses, because the Chamber of Sober Second Thought didn’t bother to actually do the work of reconciling them because members of the environment and energy committee were keen to placate Jason Kenney and to credulously believe the oil and gas industry lobbyists who insisted that the bill’s original form, while not perfect, would somehow doom all future projects in this country. And you would think that actually getting a bill in reasonable condition back to the Commons would be kind of important to a body like the Senate, for whom this is their raison d’être as a legislative chamber who preoccupies itself with reviewing legislation, but no, they decided instead to sent it back to the Commons as is rather than to take the blame that Kenney and company will lay on them as he continues to lie about the bill and consider it a rallying cry for the implacable anger of Albertans that he sold a bunch of snake oil to during the last provincial election.

In the midst of this, you have senators like Conservative Senate Leader Larry Smith claiming that the Senate’s attempt to stop bills C-69 and C-48 are supposedly the last bastion of the provinces who are “under attack” by prime minister Justin Trudeau, which is hokum of the highest order. C-48 doesn’t landlock Alberta’s resources because the chances of a pipeline to the northern BC coast are virtually nonexistent given the Federal Court of Appeal decision on Northern Gateway’s failure, and the propaganda campaign against Bill C-69 is the completely divorced from reality, but hey – angry narratives to sustain. At the same time, Senator André Pratt is defending the Senate against accusations levelled from the likes of Andrew Coyne that they’re overreaching if they do kill C-48 (which they won’t), saying that they’re trying to do their job while being cognisant that they’re an appointed body. He’s not wrong, and it’s probably one of the better articulated pieces of late.

Meanwhile, the Conservative whip, Senator Don Plett, is denying that he’s stalling the UNDRIP bill, and he’s actually got procedure on his side for this one – the cancelled meeting would have been extraordinary, and there are reasons why the Senate doesn’t hold special committee meetings while the Chamber is sitting – which they are sitting later and later because they have so much business to get through because the Independent Senators can’t get their act together, and lo, we have the current Order Paper crisis that they are working their way through (though apparently not so urgently that they didn’t sit yesterday). Unfortunately, the media does love private members’ bills, and is focusing a lot of attention on them, no matter that most of them are actually bad bills that should probably die on the Order Paper (but people don’t like to hear that).

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Roundup: Incoming amendments

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There are a tonne of amendments coming out in committees in the Senate, and there are likely going to be some fairly major developments and debates on these in the coming days – particularly once the House of Commons starts debating (and ultimately rejecting) a number of them. One of the more unexpected ones for me were the fairly major amendments to the solitary confinement bill. I was fully expecting the committee to recommend the bill not proceed because the courts had already found the bill unconstitutional and the committee was on the road to deeming it unsalvageable. Apparently, they’re going to make amendments instead, so we’ll see where this goes, because they have at least two court decisions on their side already.

The legal and constitutional affairs committee has also amended the Criminal Code revamp bill to ensure that there are tougher sentences for those who perpetrate domestic violence against Indigenous women. The problem? Well, most of those perpetrators are Indigenous men, and there is already a problem with over-incarceration, so this is going to be a tough needle to thread (but we’ll see how they attempt to do so.

Meanwhile, it looks like that major revamp of C-69 – the environmental assessment bill – was left intact at report stage on a vote on division, which means that they didn’t hold a standing vote, but were simply acknowledging that the vote was not unanimous. It’s a bit…suspect that they chose to go this route, considering how many of these amendments essentially gut the bill (and were indeed written by oil and gas company lobbyists, which totally isn’t problematic at all). But what is ultimately happening here is that these senators – and Senator Peter Harder in particular – are going to send this to the House of Commons so that they can reject them, and then send it back to the Senate where they will ultimately pass it after some minor theatrics, because of the will of the elected house, and so on. It’s not exactly the bravest route, and for the opposition in the Senate, it forces Trudeau to wear the decision more directly. There may yet be senators who will try to move amendments or delete some at third reading, but given Harder’s stance, I think the strong impetus will be for them to get the Commons to make the defeats so as to protect their own backsides from the wrath of Jason Kenney and others.

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