Tag Archives: Tough on Crime

Roundup: An oil conundrum

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There’s an interesting conundrum happening in Alberta, where the premier and industry leaders are talking about production cuts owing to the supply glut and lack of refining capacity in the US being responsible for near-record lows for Canadian exports. The problem of course is whether the premier should use powers that haven’t been exercised since the days of Peter Lougheed, or if oil companies should voluntarily reduce their own production – and if they do, does this constitute price-fixing? There isn’t any easy solution to any of this, and it’s not just build more pipelines – they would only need to be pipelines to tidewater in order to find markets not hampered by the current refining shutdowns in the US, and that are prepared to take heavy oil and diluted bitumen. It’s also a bit on the unfair side to say that it’s simply “regulatory and political” challenges – as we’ve seen from successive court decisions is that attempts to take shortcuts and to weasel out of obligations is what’s causing delays and to have permits revoked. In other words, part of the problem is self-inflicted, and they try to hand-wave around it by crying “national interest” as though that makes it better.

Here’s a lengthy but good explanatory thread from Josh Wingrove, and it’s well worth paying attention to, because there’s a lot of demagoguery floating around about the issue, and it pays to be informed about why prices are low, and why it’s not something you can wave a magic wand to fix.

https://twitter.com/josh_wingrove/status/1062817943812218894

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Roundup: Parting shots after the furore

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As the furore around the transfer of Tori Stafford’s killer dies down now that she has been moved back to another medium-security facility (but not “behind bars” as there aren’t any in women’s institutions in this country), the Conservatives and Conservatives are trying to get parting shots in. While the Conservatives have been demanding apologies from the Liberals because they’re still sore that they were called ambulance chasers, the Liberals’ parting shot was delivered on Friday as Karen McCrimmon, the parliamentary secretary for public safety, let it be known on Power & Politics that other child killers were transferred to healing lodges under the Conservatives. Hold up, said P&P, and while McCrimmon couldn’t give any names, the show went and checked. And lo, since 2011, twenty people convicted of killing a minor have been moved to healing lodges, 14 of them under the Conservatives. Now, we don’t know any of the details of these transfers, and how along they were in their sentences, or anything like that, because the families of the victims didn’t come forward like Stafford’s father did. But it certainly blows the Conservative narrative that this is somehow a Trudeau/Liberal “soft on crime” policy out of the water.

So, a couple of observations: The Conservatives keep insisting that they weren’t the ones who politicised the issue, and yet they are simultaneously patting themselves on the back for “forcing” the government to act, when the government ordered a review within a couple of days of this transfer going public. That sounds an awful lot like politicising it. Their talking heads have also been going onto the talk shows to insist that the Liberals were the ones who started the “name calling” and “insults” first, when it was only after a day of sustained questions that got increasingly graphic and overwrought that Trudeau accused them of ambulance-chasing politics. In other words, they are trying to play victim. There is also a certain amount of utter shamelessness when they insist that things that happened under their watch (the aforementioned killer being transferred from maximum to medium security, or now these other child-killer transfers) are somehow different because we’re talking about the here and now. I get that this is politics, but at some point, one has to wonder why there is a lack of shame around any of what goes on.

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Roundup: Looking for a domestic MS-13

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Over the past week, Andrew Scheer has been touting his latest pre-election policy plank, which promises to tackle the problem of gang violence – except it really won’t. His proposals are largely unconstitutional and fall into the same pattern of “tough on crime” measures that are largely performative that do nothing substantive about the underlying issues with violent crime, but that shouldn’t be unexpected. The measures go hand-in-hand with their talking point that the government’s current gun control legislation “doesn’t include the word ‘gangs’ even once,” and how they’re just punishing law-abiding gun owners. And while I will agree with the notion that you can’t really do much more to restrict handgun ownership without outright banning them, it needs to be pointed out that the point about the lack of mention of gangs in the bill is predicated on a lie – the Criminal Code doesn’t talk about “gangs” because it uses the language of “criminal organisations,” to which gangs apply (not to mention that you don’t talk about gangs in gun control legislation – they’re separate legal regimes, which they know but are deliberately trying to confuse the issue over.

I have to wonder if the recent focus on gangs as the current problem in gun crime is that they need a convenient scapegoat that’s easy to point a finger at – especially if you ignore the racial overtones of the discussion. Someone pointed out to me that they’re looking for their own MS-13 that they can demonise in the public eye – not for lack of trying, since they focus-tested some MS-13 talking points in Question Period last year at the height of the irregular border-crossing issue when they were concern-trolling that MS-13 was allegedly sending terrorists across our borders among these asylum seekers. The talking points didn’t last beyond a week or two, but you know that they’re looking to try and score some cheap points with it.

With that in mind, here is defence lawyer Michael Spratt explaining why Scheer’s latest proposal is a house of lies:

Or as another criminal defence lawyer, Dean Embry, puts it, if you’re going to make stuff up on this issue, then why not go all the way?

https://twitter.com/DeanEmbry/status/1062102941123907590

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Roundup: Compromising positions vs oversight

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As the fallout from his sexting “scandal” continued, MP Tony Clement was booted from caucus yesterday, which shouldn’t have been a surprise to anyone. First thing in the morning, Andrew Scheer said that he was assured that it was a one-off so Clement would be allowed to stay, but by Question Period, Clement was out, meaning that more stuff has come to light (possibly the raft of women over social media describing their creepy encounters with Clement online).

While Cabinet ministers including Ralph Goodale don’t believe that this incident with Clement actually breached national security, the bigger worry by experts in the field is the fact that the National Security and Intelligence Committee of Parliamentarians is still nascent and building trust, and the fact that Clement was a member of that team and obviously ignored the training he was provided about not putting himself in compromising positions could shake the domestic trust of this new committee, especially given that this level of parliamentary oversight of our national security is new and largely untested.

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Susan Delacourt notes the three ways in which Clement has damaged himself, and possibly his party as well. John Ivison ponders the security implications of this whole sordid affair. And on Power Play, Stephanie Carvin explains why this is an issue with national security considerations.

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Roundup: Immigration concern trolls

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Amidst the other disingenuous, fear-based campaigns going on in the political sphere right now – Statistics Canada, and the carbon price, in particular – the issue of immigration is also threatening to get worse, in part because the simmering issue around irregular border crossers is being conflated with the government’s announcement of new immigration targets. And we need to drill this into people from the start – immigration and asylum are two very different things, and shouldn’t be treated or conflated. We don’t accept refugees because we think they’ll fill out our workforce – we accept them for humanitarian reasons, which is why the expectations that they’ll find work right away is also problematic, as usually they’re traumatized upon arrival. That’s why it’s especially problematic when you have partisan actors like Michelle Rempel standing up in Question Period to decry the new immigration targets as having some form of equivalency with the irregular border crossers – they’re not the same thing, and conflating them is using one to demonize the other. Even more problematic is the kind of concern trolling language that we’re seeing from other conservatives – that they “support immigration” but are concerned about the “confidence in the system.” There is a certain dogwhistle quality to those “concerns” because it implies that the “confidence” in the system is undermined by all of those bad newcomers arriving. It’s subtle, but the signals are still there.

To that end, the government decided to launch a pro-immigration ad campaign, which the Conservatives have immediately derided as an attempt to paper over the irregular border-crosser issue, despite the fact that they’re separate issues, and they’re actively undermining confidence in the immigration system that they claim to support by conflating it with the asylum seekers they’re demonizing. And this cycle of conflation and demonization gets worse when the federal minister pushed back against the Ontario minister’s politicizing of the issue and attempt to blame asylum seekers for the city’s housing crisis (and more importantly pushed back against her claims that “40 percent” of shelter residents are now irregular border crossers and that they used to be 11 percent as being fabricated because the shelter system doesn’t track that kind of data). The Ontario minister responded by calling Hussen a “name-calling bully” (he didn’t call her any names), and on it goes. Would that we have grown-ups running things.

Meanwhile, The Canadian Press’ Baloney Meter™ checks the government’s claim that they’ve reduced irregular border crossings by 70 percent (it was one month’s year-over-year data), and Justin Ling gives an appropriately salty fact-check of the political memes decrying the planned increase in immigration figures.

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QP: “Soviet” StatsCan

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With Justin Trudeau off to Churchill and Vancouver, Andrew Scheer also decided to be elsewhere. That left Gérard Deltell to lead off, and he immediately launched into an attack on the Statistics Canada plan to use financial transaction data. François-Philippe Champagne responded with a script about how StatsCan already deals with Canadians’ personal data appropriately, that the Privacy Commissioner was working with them, and that the Conservatives were fear-mongering. Deltell tried again, got the same answer, and when Mark Strahl took over in English, Champagne repeated his spiel in English. Strahl railed about how often there have been personal data beaches by the government, and Champagne responded by reading his points with more vigour. Strahl angrily made a point about consent, and Champagne angrily repeated his own points. Guy Caron was up next for the NDP, and demanded a GHG reduction plan. Dominic LeBlanc responded that hot air about climate change wasn’t coming from his side of the chamber, that they did have a plan that they were implementing. Caron repeated the question in French, and LeBlanc reiterated that they took the issue seriously, unlike the Conservatives. Linda Duncan trolled for support for her motion about tougher GHG targets, but LeBlanc wouldn’t indicate support, but pumped up his own party’s plan instead. Alexandre Boulerice returned Caron’s first question and Quebeckers threatening to take the government to court over climate change, and LeBlanc responded that Quebec has been a leader on climate change.

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Roundup: Proposing a debate commissioner

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Yesterday the government unveiled their plan to establish an election debate commissioner, who would set about coordinating leaders’ debates during the next election, along with proposed around which party leaders could participate – rules that would give Elizabeth May an in, but could exclude Maxime Bernier unless he gets an awful lot of candidates in place, and his polling numbers start to rise. The proposed Commissioner is to be former Governor General, His Excellency the Rt. Hon. David Johnston, who is a choice that nobody is going to want to dispute.

Of course, that hasn’t eliminating the grumbling and complaints. The NDP are complaining that they weren’t consulted before Johnston was nominated (not that they’re complaining it’s him), and the Conservatives are calling this a giant affront to democracy and add this onto their pile of complaints that Justin Trudeau is trying to rig the election in his favour. (Not sure how this does that, and it seems pretty cheeky to make these claims when their own unilateral changes to election rules in the previous parliament were panned by pretty much everyone). And Elizabeth May is overjoyed because the proposed rules would include her. Of course, Johnston still needs to be approved by Parliament, and he will appear before the Procedure and House Affairs Committee, but all of this having been said and done, there remain questions as to why this is all necessary. Gould went around saying that this was because Harper didn’t want to do debates in 2015, except that he did debates – he simply didn’t want to do the same “consortium” debates that are usually done and decided by the TV broadcasters, and he most certainly didn’t want to have anything to do with the CBC. The key point they seem to be making is that the 2015 formats saw far fewer viewers than the consortium debates typically attract, for what it’s worth. Is this a reason to implement a new system, that neither compels leaders to participate or broadcasters to air? Maybe, and people will point to the debate commission in the United States.

https://twitter.com/InklessPW/status/1057344603861397506

To that end, here’s Chris Selley asking some of those very questions, looking at some of the problematic behaviour from broadcasters in response to the changed formats from the 2015 debates, and offering some suggestions as to how this all could be avoided.

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Roundup: Kenney and Scheer vow to repeat mistakes

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There was a conference in Calgary yesterday called “Energy Relaunch,” during which both Jason Kenney and Andrew Scheer laid out plans for how they propose to get the province’s oil and gas industry “back on track” if they were to form government. The problem is that they seemed to have learned absolutely no lessons from the past few years about where the problems and bottlenecks in the process lie, and what to do about them. Their solutions tended to be to use bigger bulldozers and to gut more legislation, and Kenney more specifically included funding the legal challenges of resource-friendly First Nations communities and targeting “foreign-funded” organisations that opposed development (because it’s all one big conspiracy by the Tides Foundation, and however else makes a convenient scapegoat). But if anyone has paid any attention to the court decisions over the past number of years, especially over Northern Gateway and Trans Mountain, the theme that emerges is that they have been slapped down because successive governments have attempted to cut corners and weasel out of their obligations rather than doing the hard work of proper assessments and consultation with Indigenous communities that would get them the approval they were looking for. The current Liberal government seems to get this fact and is proceeding accordingly when it comes to Trans Mountain, while Scheer and Kenney wail and gnash their teeth about how they didn’t appeal the decision to the Supreme Court of Canada (without articulating what the error in law was), or somehow legislating away the problems (never mind that retroactive legislation will lead to more litigation, and you can’t legislate away your Section 35 duty to consult obligations).

Kenney also promised that if made premier, he would launch a “war room” to counter any critics of the oil sands in real time. The problem is that hasn’t worked to day, and won’t work going forward, but Kenney refuses to grasp that reality.

Energy economist Andrew Leach was also presenting at the event, and has some thoughts as to what he heard as well:

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Roundup: Getting the TPP to the finish line

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The bill to enact the Trans Pacific Partnership has passed the House of Commons and arrived in the Senate, and the race is on for its swift passage, as there is a desire for Canada to be among one of the first six countries to ratify the deal (currently three others have ratified). In the Commons, the NDP were the prime opponents to the deal, but they’re not a force in the Senate. The Conservatives in the Senate are just as keen on its swift passage as their Commons counterparts were – and they tried on more than one occasion to pass the bill at all stages without debate (because hey, who needs to do the job of scrutinising bills and holding government to account?)

While we can expect a bit more scrutiny in the Senate, I have to wonder where any delays will come from. When it comes to the Independents, one of their own are sponsoring the bill, so he will likely lead a push within that caucus in the way of organising briefings and trying to muster votes, so it would largely be an issue of whether any of them want some particular extended study on issues in the bill. The Senate Liberals tend to be free-traders, but they will want to insist on some scrutiny, as is their forte – they can often be counted on to do some of the heavy lifting that MPs are unwilling to do. So while I don’t expect them to hold up the bill, I would expect them to do their due diligence, which means it won’t sail right through, though I wouldn’t expect it to take long.

So where would I expect any delays to happen with this bill? With the Leader of the Government in the Senate’s office, given his reluctance to do any negotiation of timelines for bill passage. If there’s to be any delays, I personally would expect them to come from bottlenecks of other bills that are languishing because they can’t manage to get them passed at a reasonable pace because nobody wants to do the actual negotiation of timelines. Delays will come from incompetence, rather than malice. We’ll have to see how severe it will be, but that seems to be the state of things in the Senate these days.

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QP: The broken record of the Norman files

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On cannabis legalisation day, as all the media was focused on line-ups at pot shops, the work of Parliament carried on. Andrew Scheer led off, curiously raising the court case of Vice Admiral Mark Norman and the refusal to turn over secret documents to his defence team. Justin Trudeau said that this was before the courts, and would comment no further. Scheer tried again in English, and Trudeau reiterated his response. Scheer demanded the documents be released, not a comment, and Trudeau repeated his responses, and they went yet again, and again. Guy Caron was up next, and wanted criminal records for pot possession to be expunged rather than pardoned, and Trudeau gave a speech about how prohibition didn’t work and why legalisation and regulation was a better path — but he didn’t answer the question. Caron switched to French to ask the same again, and this time, Trudeau said their plan was for rapid pardons. Matthew Dubé picked up on the same demand for expungements, and Trudeau spelled out that these were different than the LGBT expungements because those laws were an instrument of discrimination. Dubé returned in English by saying the war on drugs is racist, and Trudeau said they recognised that fact, but insisted that the pardons would be free and fast.

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