Tag Archives: Tough on Crime

Roundup: Accidental passage

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The spring sitting of Parliament is almost at its end, and it’s a bit of a race to see what is left to be passed – other than the cannabis bill, of course. It’s looking increasingly unlikely that the elections bill will clear the Commons, let alone even begin study in the Senate before they rise, and it’s just one of several agenda items that this government is having a hard time pushing through – not that the opposition has made any of this easy for them (not that it’s their job to), particularly as several sitting days have been lost to procedural shenanigans including the vote-a-thon tantrum last week. But down the hall in the Senate, there were a few quirky things that happened last week, in which both the budget implementation bill and the impaired driving bill got passed prematurely, entirely by accident.

As I understand it, according to my Senate sources, the intent was that the Conservatives had meant to ask for leave to deal with the report from the national finance committee on C-74, and then start third reading at the same time, but the Senator moving the motion got confused and inadvertently requested the vote for third reading happen immediately, and because everyone thought they were dealing with the report, they agreed. Oops. Several senators had been looking for amendments to C-74 at third reading – in one case, around trying to get propane and natural gas as legislated exemptions as farm fuels to the carbon tax backstop legislation included in the bill, but that didn’t happen. (Senator Robert Black later used the procedural manoeuvre of speaking in reply to the Speech from the Throne to get his concerns about C-74 on the record).

Likewise, with C-46, the impaired driving bill, the general disorganization in the Chamber had it passed on division (a particular kind of voice vote) rather than a standing vote, but that’s a bill that I suspect we’ll see pushback from in the Senate if the government insists on the clause on random alcohol screening, given the overwhelming weight of expert testimony against the provision, so any back-and-forth between the chambers will be around that, and you can guarantee that we’ll see the threats that making the Commons sit longer than Friday will cost so many thousands of dollars to Canadians, and wouldn’t that be just terrible, and we’ll all roll our eyes because the inherent cynicism that MPs shouldn’t sit longer to debate necessary legislation is a little bit offensive when you think about it for half a second. So will MPs be going home for the summer by Friday? I guess we’ll see who digs their heels in.

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Roundup: Bernier booted from shadow cabinet

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The surprising news last night was that Andrew Scheer had finally had enough and removed Maxime Bernier from his shadow cabinet, reassigning his critic portfolio to Matt Jeneroux. The ostensible reason that Bernier was booted? That he uploaded that chapter from his cancelled book in which he decries the tyranny of Supply Management. Never mind that the chapter was already floated to the Globe and Mail and was published weeks ago, which led to the outcry that had Bernier pull the book until his political retirement. Scheer said that this constituted Bernier breaking his word to caucus on the book, never mind that it was already in the public domain.

A more plausible explanation? That Scheer was getting a lot of heat about Bernier’s views about Supply Management in the face of Trump’s tweets about dairy tariffs that are part of the system, where the government could point to Bernier being on Scheer’s front bench as proof that the Liberals cared more about Supply Management than the Conservatives did. In fact, the swipes about this got increasingly nasty in QP the last few days, to the point that Luc Berthold got right indignant about it when it was thrown in his face yesterday. Add to that, there’s a by-election coming up in a rural Quebec riding, where this is one of those issues that they care a lot about, and Scheer (who is campaigning there later this week with the former Bloc leader who has renounced separatism and taken out a Conservative membership card) wanted to prove that he’s listening to Quebeckers on Supply Management – even though Bernier himself is a Quebecker. (Note: This is also why the Conservatives rarely ask Supply Management questions in English during QP – this is all about pandering for Quebec votes).

I do think that this is further proof that there is little room in the current Conservative party for actual free-market conservatives, and that they are working hard to cravenly embrace right-flavoured populism that is divorced from the values that they claim to espouse (as I wrote a year ago when Scheer first won the leadership). My only question now is whether Bernier will be banished to the nosebleeds along with fellow disgraced caucus member Kellie Leitch.

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Roundup: Derailing a summit for macho posturing

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So, that was quite some G7 summit. I would say that I can’t even, but, well, at this point, it’s becoming harder and harder to be surprised by the Trumpocalypse, so, yeah. For those of you who missed the drama – and it was a hell of a lot of drama – Trump played nice until he took off early from the summit, and then after Justin Trudeau gave a press conference in which he tried very hard to downplay any tensions, but reiterated the same statement’s he’s made plenty of times over the past couple of weeks in talking about how the US tariffs are kind of insulting, and that no, he has no intention of agreeing to a sunset clause with NAFTA, that Trump tweeted up a storm from Airforce One about how Trudeau had stabbed him in the back, and how the steel and aluminium tariffs were in response to our dairy tariffs that form part of the Supply Management system (which puts a lie to the claim that the tariffs were for national security reasons), and that he had instructed his officials to no longer endorse the communiqué that he had previously agreed to. Sunday morning, Trump’s mouthpieces were arguing that there was a special place in Hell for people who negotiate in bad faith with Trump. Oh, and they pretty much confirmed that Trump is going on this rage bender because he wants to look tough in advance of his talks with North Korea, which is…novel. And ridiculous. But to her credit, Chrystia Freeland continued to take the high road, while Trudeau carried on with his meetings with the “outreach” countries who also attended the G7.

Here’s a recounting of the behind-the-scenes moves from the weekend, including the Friday night session between the leaders to hammer out the joint communiqué, and how that was already unravelling the next morning. Senior officials continue to be puzzled by the whole thing, considering that Trudeau has been consistent in his messaging. Trudeau and Freeland tried to keep the focus on what was accomplished – the fund for girls’ education in war-torn regions and the oceans plastic charter (that neither the US nor Japan signed onto, for the record). In the States, John McCain tweeted his support for Canada in this (but it might help if congressional Republicans stood up to Trump over this, but we’ll see if that happens). And that famous photo that everyone is sharing? Other leaders, including Trudeau’s official photographers, are tweeting other angles of it.

In hot takes from this weekend, Evan Solomon says that the government’s tactics need to change as waiting out Trump’s moods is clearly no longer an effective strategy. Scott Gilmore offers suggestions as to how to boycott Trump’s business interests. Paul Wells takes a few well-deserved shots at Trump’s talking heads, and suggests that their calling Trudeau weak is because he hasn’t been, and that perhaps it’s time for Canada and its allies to give a retaliatory response that is worth the Americans fearing.

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Roundup: Undead electoral reform concerns

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With BC’s electoral reform referendum on the horizon, and vague promises around it from the Ontario NDP as the election draws to a close, we’re apparently talking proportional representation again. Sigh. Over the weekend, Jean Chrétien made the particular case in his idiosyncratic way that the reason why it’s a bad system, and the core of his argument is that it doesn’t force people to engage with voters. Door knocking to win a riding? Democratic. Being a party wonk who gets in because they’re on a list? Not very democratic. It’s a way of looking at the practical inputs and outputs of the system that most people gloss over when they whinge about the popular vote (which, I will remind you, is a logical fallacy because general elections are not one single event, but 338 separate but simultaneous events) and how “unfair” it seems when viewed through this skewed lens.

As for this referendum in BC, it’s a bit of a dog’s breakfast with its two-stage vote – the first vote as to whether to keep First-Past-the-Post or to adopt a system of proportional representation; the second stage being to choose between three systems – mixed-member proportional with some regional weighting, dual-member proportional, and a hybridized system where urban ridings would have single-transferable-votes, and rural ones would have some kind of proportional system akin to MMP. But there are problems with all three choices – the regional weighting associated with their version of MMP exists nowhere in the world so we don’t know the outcomes; the dual-member proportional is a theoretical system dreamed up by some University of Alberta system that exists nowhere in the world and we really have no idea if or how it would actually work; and the split urban-rural system would never pass constitutional muster. If BC’s attorney general thinks that the Supreme Court would allow different voting systems based on where you lived, I suspect that he’s dreaming, and it would have to be one hell of an excuse to try and save this with Section 1 of the Charter (being that it’s a reasonable curtailing of your rights and freedoms in a free and democratic society). So, good luck with that.

Meanwhile, Andrew Coyne is no fan of the two-stage referendum and would rather simply prefer a single ballot where status-quo was an option like they did in PEI. Where Coyne goes wrong is when he said this as successful in PEI – it really wasn’t. They had to go some five ballots before a PR system squeaked through by the narrowest of margins with unusually low voter turnout for a province that typically takes voting very seriously. Colby Cosh, meanwhile, quite properly lambastes the whole affair as being completely gamed, because aside from the way in which they’re dubiously counting the second ballot if one system doesn’t get a majority from the start, there are still too many unknowns in the three proposals, including whether the proportional lists would be open or closed – a very huge consideration in how PR systems work, and which goes to the heart of holding governments to account in these systems. In other words, this BC referendum is shaping up to be a boondoggle from the start, which is not good for our democracy in the slightest.

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QP: Pipeline project necromancy

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With the Trans Mountain announcement still reverberating in the political sphere, it was proto-Prime Ministers Questions, and it remained to be see how substantive the answer would be. Andrew Scheer led off, mini-lectern on desk, and he railed not only about this pipeline acquisition, but the fact that it threw New Brunswick under the bus because they killed Energy East. (reminder: They didn’t kill the project, the proponent withdrew after Keystone XL became viable again). Justin Trudeau replied with his tired platitudes about energy and the economy, and securing jobs for Albertans. Scheer railed that other projects were killed, including Northern Gateway, and that the demise of Energy East ensured that only foreign oil flowed to Eastern Canada. Trudeau shrugged this off as dwelling in the past because they couldn’t deal with the reality that this government was doing the right thing. Scheer insisted that the previous government didn’t need taxpayer funds to get pipelines built and approved — ignoring that most of those pipelines were simply reversals or refurbishing existing ones. Trudeau noted that the Conservatives were trapped by their “rigid ideology,” whereas he was standing up for Alberta and Canadian jobs. Scheer went another round, and this time Trudeau invoked the spirit of Peter Lougheed to justify his actions. Scheer returned to playing the economic nationalism card by highlighting that Kinder Morgan is Texas-based, and Trudeau again invoked Lougheed. Guy Caron was up next for the NDP, railing that Trudeau should have invested in clean energy, to which Trudeau reminded him that when Rachel Notley came out with her climate plan, the federal NDP cheered, but that plan had three parts — a cap on greenhouse gasses, carbon pricing, and a pipeline to new markets. Caron demanded to know what the impact on taxpayers would be, but Trudeau kept wedging that the NDP can’t bridge the energy and the economy. Nathan Cullen poured on the sanctimony to protest the purchase, brining in reconciliation and climate promises, and Trudeau reiterated his previous response about Notley’s plan in English. Cullen accused Trudeau of smoking weed to make the decision, and Trudeau noted that this was about certainty to get it constructed and getting it built as part of their plan to fight climate change and grow the economy.

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QP: Investing in assets

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While the prime minister was away after this morning’s major announcement on the government decision to acquire the Kinder Morgan Trans Mountain pipeline, all other leaders were present — for a change. Andrew Scheer led off, mini-lectern on desk, and he railed about the Trans Mountain announcement, before demanding to know that it wouldn’t cost more than the $4.5 billion. Bill Morneau responded with a bit more fire than we usually get from him, decrying the audacity of the Conservatives for demanding the pipeline get built and then complaining when they assured it would be. Scheer offered some revisionist history when it comes to governments paying for pipelines (there is in fact a long history of it), and Morneau reiterated that the project was in the national interest. Scheer played the economic nationalist card in that $4.5 billion going to “Texas” shareholders, and Morneau repeated the points about jobs and the economy. Alain Rayes took over in French, and demanded to know how much it would cost taxpayers, and Morneau repeated that it was important to invest in the project, that their investment ensured it would be completed. After another round of the same, Guy Caron got up to rail that this investment was a betrayal, rather than investing in the clean economy. Morneau said gave the usual line about the environment and the economy going hand-in-hand, and that while they invested in clean energy, this project was still necessary. After another round of the very same, Nathan Cullen got up to ramble sanctimoniously about what was in the public interest, and Morneau reminded him that they went through a robust process, and that people need to respect the rule of law. Caron piled on more sanctimony, and Morneau made points about stepping in between provincial squabbling.

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Roundup: A major amendment at committee

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There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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QP: The sexist carbon tax

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Following meetings with the prime minister of Portugal, Justin Trudeau was in Question Period, while Andrew Scheer was absent yet again. Lisa Raitt led off, worrying about the high price of gasoline in BC, which was being “compounded” by the carbon tax. Trudeau reminded her that BC has had a price on pollution for over ten years, and that carbon pricing allows people to make better choices. Raitt went for incredulous, raising the story that Trudeau has meals prepared at 24 Sussex and messengered to Rideau Cottage, to which Trudeau noted that the Conservatives were only interested in political attacks but not action on the environment. Gérard Deltell took over in French, noting that GHG emissions went down under ten Conservatives without a carbon tax — once again, omitting that it was because Ontario shuttered their coal-fired plants and the economic downturn, rather than anything that the then-Conservative government did. Trudeau reiterated that the Conservatives have no plan so they attack. Deltell asked again, and got the same answer. Raitt got back up, mentioned that the question was originally written by Gord Brown and had planned to ask it later in the week, and raised the issue of compensation for thalidomide survivors. Trudeau picked up a script to first give condolences for Brown’s death, and then added that they would have an announcement for those survivors soon. Guy Caron led off for the NDP, raising the problem of web giants creating the demise of advertising in newspapers which impacted press freedom. Trudeau took up another script to read about their support for a free press on World Press Freedom Day. Caron asked again in English, demanding those web giants be taxed, and Trudeau, sans script, reiterated his response and added that they are supporting local media via transition funding and CBC. Matthew Dubé worried about attempting to apply the Safe Third Country Agreement to the entire border, to which Trudeau said that they apply all of the rules and laws including our international obligations. Jenny Kwan asked the same in English, and got much the same answer with a slight admonishment that they were trying to create fear and conspiracy.

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QP: Borders and carbon prices

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On a warm and sunny Monday in the nation’s capital, all of the leaders were present, so it was either going to be a really good day…or an insufferable one. Andrew Scheer led off, mini-lectern on desk, and he noted the unfolding situation of an alleged attack in Toronto with a white van running down pedestrians. Justin Trudeau noted that his thoughts were with those affected, and he would update the House as he learned more. Scheer then asked about the number of irregular border crossers affecting those who “wait in line” — except there’s not a line for asylum seekers, there’s a process, and he’s conflating it with immigration. Trudeau noted that Canada is signatory to international conventions, and that any arrivals are processed and that they go through proper security checks. Scheer tried again, and this time Trudeau wondered if Scheer was suggesting that they violate their international obligations. Scheer then turned to the PBO report on carbon pricing, and he cherry-picked one figure that portended doom (where the report stated differently). Trudeau gave a weary sigh, and reminded him that the economy and the environment go together. Scheer tried to insinuate that there was some kind of cover-up about the “economic damage” that a carbon tax would do, and Trudeau hit back that if Scheer was so concerned about secrecy, he should stop censoring Maxime Bernier. Guy Caron was up next for the NDP, and after he made a quick statement about the situation in Toronto, he demanded the immediate implementation of a universal pharmacare programme. Trudeau took up a script to say that the system can be improved and they are consulting on a national pharmacare programme — note that he didn’t say universal. Caron asked again in French, detailing previous Liberal promises, and Trudeau said that the NDP wanted to set up something without a clear plan, which is why his government set up an advisory committee to study and evaluate a universal pharmacare programme (not sure if universal was just a translation issue this time). Rachel Blaney took her own turn to demand pharmacare, and Trudeau repeated his answer about needing a plan, emphasising the digs at the NDP in the process. Blaney tried again, and got the same answer.

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QP: Talking to elites

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While Justin Trudeau was in London, meeting with Her Majesty the Queen and prime minister Theresa May, Andrew Scheer was in fact present today, in the wake of the salacious news that Maxime Bernier had pulled his book that was critical of his leader. Scheer, mini-lectern on desk, led off by reading some concern about investor confidence in the energy sector, and he claimed that the previous government got Northern Gateway “built.” Jim Carr stood up and stated that it was news to him that Northern Gateway got built, and didn’t in fact get its permits revoked by the Federal Court of Appeal. Scheer then got up rue that Trudeau was in Europe with elites, talking down on the energy sector, and Carr reminded him that just days ago he was here talking up the sector and the Trans Mountain expansion. Scheer insisted that Trudeau told his European audience that he was disappointed that he couldn’t phase out the oil sector tomorrow, but Carr rebutted with his line about how incredulous it was that Scheer took to the microphones on Sunday to decry Trudeau’s announcement after the meeting with the two premiers before Trudeau even made it. Alain Rayes got up to decry Trudeau’s lack of leadership in French, to which Marc Garneau stood up to lay out the support the government had given. Rayes wondered how much of taxpayers’ money would be spent on the project, but Garneau merely reiterated that they considered the project to be in the national interest. Guy Caron was up for the NDP, noted that the Health Committee’s study on universal pharmacare would be tabled later, and demanded action on it. Ginette Petitpas Taylor thanked the committee for their work, and she would consider its finding. Caron demanded immediate action in French, and Petitpas Taylor noted the commitments in the budget toward national (but not universal) pharmacare. Charlie Angus was up next, and demanded to know if the government felt their Section 35 obligations were met with Kinder Morgan, and Carr reminded him of the Supreme Court decision around Northern Gateway around consultations, so they went and consulted further for Trans Mountain. Angus pressed, terming it a “Liberal pipeline,” and Carr reiterated his line about the fact that there may not be unanimity, but there are many Indigenous communities who are in support.

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