Tag Archives: Tough on Crime

Roundup: A sledgehammer solution

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Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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QP: Fictional legislation and crass quips

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Wednesday, caucus day, and MPs were riled up in the aftermath. Andrew Scheer led off, and he recited some concern about the state of the Trans Mountain pipeline, to which Justin Trudeau expressed his satisfaction with the Federal Court of Appeal and that the previous government couldn’t get it done without boosterism. Scheer then tried to hand-wave about fictional “emergency legislation” around court challenges and worried about the United Nations Declaration on the Rights of Indigenous Peoples as a “new threshold” to prevent development, to which Trudeau called out the whole question as a reflection of how the Conservatives don’t understand how things work. Scheer tried again, and Trudeau called out the misinformation. Scheer switched to French to worry about the supposed “plan” to license media, to which Trudeau picked up a script to read that they would not impose licensing on news. Scheer changed to English and lied about what was in the report, as well as the media “bailout” fund, and Trudeau slowly enunciated that they would not impose licenses on news organisations or regulate news content. Yves-François Blanchet was up next for the Bloc, and he rambled about they English School Board of Montreal getting money to challenge the “secularism” bill, to which Trudeau started that the Court Challenges Programme awards aid to groups in an arm’s length way from government. Blanchet tried to make this an issue of provincial jurisdiction, to which Trudeau repeated that programme was independent of government. Jagmeet Singh was then up for the NDP, and complained about the backlogs for women regaining First Nations status after the law changed to broaden the criteria. Trudeau started that they have spent record amounts to Indigenous communities, and it takes longer because the delivery needs to be done in partnership with those communities. Singh then moved onto the Coast Gas Link pipeline dispute, demanding that the prime minister meet with the hereditary chiefs, to which Trudeau stated that the issue was entirely under provincial jurisdiction, which they respect.

https://twitter.com/AaronWherry/status/1225141168683606017

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Roundup: Rushing a resurrected bill

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The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

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QP: Being too cute on parole and Quebec

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While Justin Trudeau was in town today, he was nevertheless absent from QP, for whatever the reason. Andrew Scheer led off, and he read a question about whether the government would support their Supply Day motion on committee study of the incident of the murder of a sex worker by a prisoner on parole. Bill Blair reminded him that they have ordered an investigation, and they should wait for answers before jumping to erroneous conclusions. Scheer then read a demand for parole board officers to get sexual assault training as the government plans for judges. Blair reminded him that the judges bill is important, but there was an investigation ongoing. Scheer demanded to know if the parole board officers who made that decision were still hearing cases, and Blair circuitously stated that they weren’t while laying out additional facts. Pierre Paul-Hus demanded the training for parole board officers again in French, got the same response from Blair, and Paul-Hus then demanded that the prime minister fire the parole board members, and Blair responded that the motion contains erroneous facts, but that the government would support it anyway. Yves-François Blanchet was up for the Bloc and, thinking he was clever, stated that if the government points to François Legault’s support for the New NAFTA, would they also support his demand for a single tax return form for Quebec, to which Diane Lebouthillier told him no, that was not going to happen. Blanchet then demanded the government respect the Quebec “secularism” bill, and David Lametti reminded him that groups were challenging it in the courts. Jagmeet Singh was up next for the NDP, and demanded the government stop court challenges of compensation for First Nations children, to which Marc Miller started that they would have a compensation model to propose by February 21st. Singh then raised the strikes in Regina before demanding National pharmacare and dental care, for which Patty Hajdu reminded him they were working on it, and that she welcomed his suggestions.

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QP: Trying to make Orwell happen

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Monday of the second week back, and for the anniversary of the great Centre Block fire of 1916, the wooden mace was on the table for the day. Justin Trudeau and Andrew Scheer were present, but most of the other leaders were not. Scheer led off, mini-lectern on desk, and he immediately raised the spectre of the torqued stories of government licensing media. Trudeau took up a script to say that the report stated that news was not to be licensed, that they believed in free media, but they continued to study the report. Scheer tried again, throwing out references to Nineteen Eighty-Four, China’s basic dictatorship, and Fidel Castro. Trudeau repeated the response, trying to be emphatic about it. Scheer then pivoted to the economy, talking down the figures, and Trudeau reminded him that they have made progress on tackling poverty and investing in growth. Scheer tried again, and Trudeau reminded him that they actually cut taxes. Scheer tried to then score points on the supposed $50 Million to MasterCard — really an investment in a cyber-security research centre — and Trudeau read back Scheer’s quotes about the importance of cyber-security from the election. Alain Therrien led off for the Bloc, worrying about the potential approval of Teck Frontier Mine. Trudeau picked up a script to read that they were evaluating the proposal and would come up with a response within a month. Therrien tried again, and Trudeau listed from memory the various measures they are taking to protect the environment. Alexandre Boulerice led off for the NDP, and he worried that the government was not calling out Donald Trump’s Middle East “peace plan” as it disadvantages Palestinians. Trudeau reminded him that the government’s long-standing policy is for a two-state solution negotiated by the parties involved. Brian Masse then railed about the Volkswagen settlement, and Trudeau read that the Public Prosecution Service made all decisions independently.

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QP: Putting the heat on Blair

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While Justin Trudeau fled the capital to go sell auto workers the merits of the New NAFTA over in Brampton, Andrew Scheer was elsewhere. Candice Bergen led off with the story of the murder of a sex worker of a person on parole, and demanded a denunciation of the Board’s actions. Bill Blair reminded her that an investigation has been launched into the matter. Bergen asked about MasterCard getting $50 million from the government, to which Mélanie Joly said that the government was investing into a cyber-security centre. Bergen said that MasterCard can afford to pay for their own cyber-security, and bashed the investment again, and Joly responded about the importance of job creation. Luc Berthold was up next to ask about the Auditor General’s budget, to which Jean-Yves Duclos effused about the Middle Class before citing that they would work with the Auditor General. Berthold asked again in French, and Duclos responded with the record on growth and job creation. Yves-François Blanchet was up next to worry about Teck Frontier Mine destroying the Paris Agreement, and Jonathan Wilkinson responded that they were still making their determination on the environmental assessment. Blanchet also worried that said mine would require new pipelines and wondered if they were afraid of saying no to Jason Kenney, to which Wilkinson repeated that they were still considering it. Jagmeet Singh was up for the NDP, to once again demand limiting the tax break in order to fund dental care, and Bill Morneau reminded Singh that their tax cuts have benefited 20 million Canadians. Singh asked again in French, and got much the same response. 

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QP: Platitudes and the Parole Board

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After a number of members’ statements dedicated to both the anniversary of the Quebec City mosque shooting and #BellLetsTalk, and a moment of silence for the mosque shooting, things got down to business with all of the leaders present. Andrew Scheer led off, and he railed about MasterCard getting government funding. Trudeau responded with some bland platitudes about growing the Middle Class™. Scheer tried again, got much the same response, and then Scheer demanded that the Teck Frontier Mine be approved. Trudeau said that railing about activists and celebrities didn’t help the energy sector, but working in partnership with all sectors and Indigenous people was the path forward. Scheer then switched to French to ask about a parole case, to which Trudeau picked up a script to read that they had ordered an investigation into the Parole Board’s decision. Scheer switched to English to lie about Trudeau apparently opposing mandatory minimum sentences for violent murderers, and Trudeau repeated his answer in English. Yves-François Blanchet was up for the Bloc, to get back to his usual complaints about aluminium under the New NAFTA, and Trudeau gave his usual assurances that there are new content guarantees that don’t exist currently. Blanchet threatened to vote against the Ways and Means motion on the treaty, and Trudeau listed the good things about the agreement. Jagmeet Singh was up next for the NDP, and he worried about evacuating Canadians from China — something that was addressed in a press conference moments before QP began. Trudeau read a statement about their concern, and that they were working to assist the 160 Canadians who had contacted them. Singh then raised that MasterCard contract instead of giving that money to pharmacare, and Trudeau stood up to correct him as to the actions they have taken to make prescription drugs more affordable.

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Roundup: No metric to measure success

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The inevitable has happened with this government’s too-clever-by-half branding of their associate finance minister, and she has essentially been caught out by the easiest trap imaginable. The Conservatives submitted an Order Paper question asking for a definition of “middle class” by which the government could measure the success of its efforts at ensuring their prosperity, and lo, they were told that there is no measure that the government uses. Which is kind of embarrassing for a government that prides itself on data and metrics – that’s one of the reasons why they actually bit the bullet and decided on the Market-Basket Measure of poverty as their official definition, because that allowed them to track the success of their programmes in alleviating it (and yes, programmes like the Canada Child Benefit have had a measurable impact using these kinds of data). But what they can do for poverty, they can’t do for the Middle Class™.

Of course, we all know that it’s because “middle class” isn’t an economic definition to this government, but a feel-good branding exercise. It’s the Middle Class™ And Those Working Hard To Join It, because we all know that everyone thinks they’re middle class (whether or not they have ponies), and most especially people on the wealthier end of the scale in this country. It’s all about a feeling, or a hand-wavey metric about having kids in hockey (an upper-class pursuit in this country). And this lack of a definition is exactly why this minister is the Minister of Middle Class™ Prosperity®, because it means nothing. It’s a trademarked slogan, transparently winking to Canadians about how this is how they plan to address the discontent underlying the populist movements taking place across the government – hoping that if they can reassure these voters that they’re being care of and not left behind, that they’re being heard, that somehow, it’ll keep the populist forces at bay. I’m not sure that it will work, but it’s blatantly happening, so we should all be aware that this is part of their plan.

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QP: What about infrastructure?

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Tuesday, and all of the leaders were back once again. Andrew Scheer was up first, and he claimed there were “sky high” deficits and taxes and no infrastructure spending to show for it — assertions that were all false. The deficits are actually tiny in comparison to the size of the federal budget, and the tax burden on Canadians is hovering near its lowest point in the post-war period, not to mention the fact that many of the promised infrastructure projects were held up by provinces trying to play politics in advance of the election, and that the hoped-for productivity gains were blunted when provinces didn’t keep up their planned infrastructure spending, and instead rolled it back as the federal government spent more. Justin Trudeau stood up and used a script to list projects that they were approving. Scheer then raised their Supply Day motion about calling in the Auditor General about the infrastructure programme. Trudeau reminded him that the Conservative record was spending on billboards, door knobs and gazebos, while their government was getting things done. Scheer asked again in French, got much the same answer, and Scheer raised the coronavirus and wanted support for Taiwan to get observer status at the WHO. Trudeau avoided the direct question and gave assurances about the coronavirus and collaboration with China. Scheer tried again, and Trudeau reminded them that they shouldn’t play politics with public health crises. Yves-François Blanchet was up for the Bloc, and he once again raised the possibility of aluminium impacting the Quebec market under the New NAFTA, to which Trudeau reminded him there were guarantees in the new agreement that do not exist currently. Blanchet tried again, and Trudeau quoted the aluminium producer association as saying it was a good deal. Jagmeet Singh was up next for the NDP, and he railed about the Volkswagen settlement agreement, calling it a “sweetheart deal.” Trudeau, without script, stated that they are paying a penalty and it was great for the fight against climate change. Singh then railed about a supposed tripling of outsourcing of public service functions, and Trudeau spoke to the balance around procurement. 

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QP: A conciliatory note, and then a lie

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And we’re back. While Justin Trudeau and Andrew Scheer were present, and most, but not all other leaders were as well. After a moment of silence for the victims of PS752, Scheer led off, mini-lectern on desk as usual, and he asked for progress on bringing PS752 victims home and holding perpetrators to account. Trudeau thanked him for the question, and picked up a script to note that they were supporting victims, and what he told the Iranian President directly. Scheer thanked him, and then moved onto cancelled energy projects and lied about the cost of living versus wages and demanded that the Teck Frontier Mine. Trudeau reminded him that they were  growing the economy while protecting the environment. Scheer then stated that the government was destroying the energy sector — again, falsely — and lamented deficit spending, to which Trudeau reminded him that they made the choice to invest, and it was paying off. Scheer then switched to gang violence and claimed the government was taking the “lazy approach” of targeting lawful gun owners, to which Trudeau took up a script to list the measures they were taking. Scheer then moved onto the survey which stated that Canada dropped three spots on the transparency ranking (which is a self-reported metric), to which Trudeau listed ways in which Canada was strong on the international stage. Yves-François Blanchet was up next, and raised a potential deportation case and demanded that the minister intervene. Trudeau, with script, to read a platitude about how they examine each case based on merit, and said that they were aware of the case but could not speak to it. Christine Normandin raised the question again, and Trudeau repeated his response. Jagmeet Singh was up next, and demanded did that the government immediately pay the compensation for First Nations children demanded by the Canadian Human Rights Tribunal. Trudeau reminded him that they are working on reconciliation, noted the new approvals under Jordan’s Principle, and that they were still working on the issue. Singh then demanded immediate action on pharmacare and claimed he has a bill to immediately implement it (which a private members’ bill can’t do), and Trudeau took a script to list actions they have taken to reduce drug prices and noted they were negotiating with the provinces.

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