Tag Archives: Tough on Crime

Roundup: An unexpected shuffle

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Yesterday’s Cabinet shuffle came with a few surprises, but the biggest was probably the decision to move Jody Wilson-Raybould from justice to veterans’ affairs – a move which can only be interpreted as a demotion, despite both prime minister Justin Trudeau and Wilson-Raybould making the argument that it was insulting to veterans to think of them as a lesser consideration. Added to that, Wilson-Raybould got defensive and put out a lengthy press release that said she wouldn’t discuss why she was moved, as that’s the prerogative of the prime minister (true), but then went on to laud all of her accomplishments as justice minister (which she bizarrely abbreviated as MOJAG – Minister of Justice and Attorney General, the first time I can recall such an abbreviation being used). The problem, of course, is that there was a lot of talk about how things were not going well in her office. I personally heard from a number of people in the legal community about their concerns about the managerial competence within Wilson-Raybould’s office, particularly around staffing key positions such as the Judicial Affairs Advisor – necessary for the appointment of judges, and a post that was left vacant for months at a time, as the number of vacancies began increasing, and still have a significant backlog in place. There was also a lot of staffing churn within her office, which should be a warning sign that not all is well. And more reports came out yesterday that there had been some tensions around the Cabinet table when it came to Wilson-Raybould, so the fact that she penned a defensive release probably speaks volumes.

As for the other ministerial changes, David Lametti (my Canadian Lawyer profile here) replaced Wilson-Raybould, who replaces Seamus O’Regan at veterans’ affairs, O’Regan moving to Indigenous services to replace Jane Philpott, who in turn replaced the departing Scott Brison. Trudeau added a new portfolio to the mix – rural economic development, under new minister Bernadette Jordan, who is now the Nova Scotian in Cabinet. That portfolio is another one without a ministry, and it looks like it’ll be housed within Innovation, Science and Economic Development, where all of the other regional development ministries are housed, but as with a growing number of portfolios under this government, it’s another minister without a line department of her own, which I find a bit concerning.

Meanwhile, there are so many hot takes on the shuffle, starting with Chantal Hébert, who says the few changes mean it’s steady-as-she-goes for Trudeau before the election. Likewise, Kady O’Malley’s Process Nerd column says these changes highlight that there is little room for experimentation, this late in the current parliament. Mercedes Stephenson echoes the sentiment, with some added details on O’Regan’s time on the veterans file. Paul Wells brings the shade when it comes to the performance of this government, and the inability for any particular minister to make any meaningful changes in the face of bottlenecks of authority in the PMO, and a government too afraid to make any changes so close to an election. Mike Moffatt delivers a thread on the challenges of rural economic development, and why the portfolio might be a good idea after all.

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Roundup: A bad case for a dumb idea

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The flirtation with separatist sentiment in Alberta is bringing all the boys to the yard, and suddenly they’re all trying to make a cockamamie case for why this is a real threat. Yesterday it was respected tax economist Jack Mintz who decided to stray way outside of his lane, and insist that Alberta has a better case for this than Great Britain does with Bexit, which is patent nonsense both on its face, and in every single one of his nonsense arguments. And yet, in the rush to pander to the angry sentiment in Alberta and to offer up simplistic solutions and snake oil to what is a series of protracted (and in some cases intractable) problems that require time and patience to resolve. Mintz later went on the CBC to defend his column, and made a bunch of other nonsense arguments that presumes that the US would be a better customer for Alberta oil…despite that the actual pipeline capacity going from Alberta to the US is minimal and don’t think they could easily build more if they can’t even get Keystone XL over the finish line there.

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Meanwhile, Tyler Dawson makes the case that such a separatist movement not only lacks logic, it also lacks a real leader or the intellectual heft to actually make it something viable. Andrew Leach takes Mintz to task on his assumptions about demand for Alberta oil. Jen Gerson tells Alberta that while they have legitimate grievances, the insistence that Ottawa is simply out to get them risks becoming a pathology, while the separation talk is terrible, and simply burning the system down won’t help anyone. Can I get an amen up in here?

https://twitter.com/EmmMacfarlane/status/1075469089450078208

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Roundup: Courting the tinfoil hat crowd

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Over the past few days, the Conservatives have been delving into tinfoil hat territory in their attempts to stir up panic and anger toward the UN compact on global migration, which Canada plans to sign next week in Morocco. According to the Conservatives, this non-binding political declaration will somehow erode Canadian sovereignty and be tantamount to “border erasure,” and that if you listen to the Twitter trolls picking up on Andrew Scheer and Michelle Rempel’s posts about this, it will make criticizing immigration a “hate crime.” All of which is complete and utter bullshit, and even Chris Alexander, one-time Harper-era immigration minister, calls this out as factually incorrect. And yet, the Conservatives plan to use their Supply Day today to force a vote on this very issue so that they can express performative shock and dismay when the Liberals vote it down.

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While Justin Trudeau and Ahmed Hussen have quite rightly called the Conservatives out on this issue as repeating Rebel Media talking points, I have to see this as yet another example of Conservatives not only shamelessly lying to score points, but trying to dip their toe into extremist territory, and the belief that they can just “just enough” extremist language and talking points to try and stir up enough anger and paranoia that they think it will move their poll numbers, but no white supremacists or xenophobes please, “we believe in orderly immigration.” And of course, real life doesn’t work that way, and they wind up stirring up elements that they say they disavow, but continue to wink at because they think it’ll get some kind of benefit out of it.

The other theory raised about why the Conservatives are going full steam on this issue is because they’re trying to head off Maxime Bernier, who is also trolling on this particular bit of lunacy. Why they think this would be a good strategy, I’m not entirely sure, but it’s not as harmless as they might think it is, and that should be concerning to everyone.

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Roundup: Refusing to learn their lessons

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A former PQ minister wants to run for leadership of the Bloc, and I just cannot. Can. Not. The challenger this time is Yves-François Blanchet, who served in Pauline Marois’ short-lived Cabinet, and has since taken on a political pundit career since being defeated in 2014. He apparently met with the caucus yesterday, and the majority of them – including their past and current interim leaders – all seem to like him, but I keep having to circle back to this simple question: did you learn nothing from your last disastrous leader?

I can’t emphasise this enough. Since their demise in 2011, the Bloc have had a succession of seatless leaders, including Mario Beaulieu (who now has a seat, incidentally, and is the current interim leader), and while he stepped aside so that Gilles Duceppe could return (unsuccessfully), they keep going for leaders who aren’t in caucus, and time after time, it goes poorly for them. Every single time, I have to wonder why they don’t simply do as our system was built to do, and select a member from caucus. Constantly bringing in an outsider does nothing for their profile (ask Jagmeet Singh how that’s going), and their leaders keep being divorced from the realities of parliament. And time and again, they keep choosing another outsider. Why do you keep doing this to yourselves? Why do you refuse to learn the lessons that experience has to teach you?

There is one current MP who is considering a run, Michel Boudrias, and if the Bloc was smart, they would choose him by virtue of the fact that he’s in the caucus, he’s in the Commons, and he knows how Parliament works. Of course, if they interested in ensuring he’s accountable (especially given just how big of a gong show their last leader was), then it would be the caucus that selects him so that the caucus can then fire him if he becomes a problem (again, if history is anything to go by). But that would take some actual political courage by the party, and given their apparent reluctance to learn the lessons from their mistakes, that may be too much to ask for.

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Roundup: Deficits vs spending choices

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It was the autumn fiscal update yesterday, and it should be no surprise that the deficits are going to continue for foreseeable future. It was also notable for the measures that were implemented to compete with the US corporate tax cuts without making similar cuts in Canada, and these were measures that were designed to keep businesses investing in growth rather than simply offering share buybacks or dividends, as we’ve seen in the US. These targeted measures included immediate write-offs of new machinery and equipment, certain clean-energy equipment, and writing off some assets more quickly than before, with the calculated marginal effective tax rate of these measures apparently besting the US’ rates. So there’s that. There were also some tax credits for digital subscriptions in media, and a $600 million fund to offset the cost of hiring staff as part of that. There were also measures around removing internal trade barriers (yet again) and improving supports for businesses looking to export. On top of that, it also noted that the Trans Mountain Pipeline has earned the government $70 million since it bought the pipeline, and is on track to earn it some $200 million per year.

The deficit issue is one that we’ll continue to hear about, and it’s probably more complex than just a “deficits bad” kind of debate to have. On the one hand, the Liberals took government at a time when the books were $70 billion worse off than initially advertised (not to mention the Conservative “surplus” booked a bunch of false savings) so the 2015 promises met a different reality. On the other hand, they are spending any revenue growth rather than paying down the deficit faster, insisting (not incorrectly) that a declining debt-to-GDP figure is a more important measure, and we should remember that the deficits are really quite modest in comparison to the size of our economy. But they are making spending choices, and we should judge them on that. Here’s Kevin Milligan with some more context and analysis:

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John Geddes offers his summary of the update, while Andrew Coyne pans the government’s propensity to spend any new revenues it gets rather, meaning that their deficits continue to be by choice rather than necessity. Kevin Carmichael says that in spite of the deficit problems, the most audacious part of the update was the plan to tackle the overhaul of federal regulation. Susan Delacourt notes the difference in tone between the federal fiscal update and that in Ontario last week.

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Roundup: Not an election issue to fight over

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The leader of the Independent Senators Group seems to have inserted himself into the political discussion by demanding to know where parties stand on the issue of Senate appointments in advance of the next election. Senator Woo’s concerns seem to be that he doesn’t want people to “unwittingly” vote for a party that doesn’t conform to their views on the Senate. I’m going to go ahead and say that this was probably a mistake because it’s very easy to construe that he’s looking to shill for the Liberals since they are the only ones to are half-arsing the issue of Senate modernization, at least in this particular bastardized vision of a completely “independent” Chamber that is more likely to be problematic than anything.

In case you were wondering, the Conservatives say they don’t have a firm position yet, but their democratic institutions critic says she prefers the Harper system of appointing candidates voted on in “consultative elections” – you know, the ones that the Supreme Court of Canada said were unconstitutional because they were attempting to do through the backdoor what they couldn’t to through the front door. Oh, and they support a partisan Senate because they have a “very strong Senate group.” And the NDP, well, they’re still insisting that they want to abolish the Senate, never mind that they will never, ever, get the unanimous support of the provinces to do so. That leaves Senator Woo holding the bag for the Liberals by default, which isn’t a good look if he wants to keep insisting that he’s independent from the Liberals.

And those of us who think that maybe the Senate is better off with Liberals, Conservatives and a group of crossbenchers in roughly equal numbers? Who are we supposed to vote for? I suspect we’re SOL, unless the Liberals decide to change their tune after their “experiment” in a totally independent Senate starts to blow up in their faces and they can’t get bills passed (in part because their Government Leader – err “representative” – doesn’t want to do his job), but yeah. I’m not sure this is an election issue to fight over because nobody knows what they’re doing and we’re going to find ourselves cleaning up the mess made in this institution for a generation to come.

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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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