Roundup: Mary Dawson delivers a spanking

Outgoing Conflict of Interest and Ethics Commissioner Mary Dawson released her report on the Prime Minister’s vacation to the Bahamas and the Aga Khan’s private island there last Christmas, and she determined that he had indeed broken four sections of the code. Reaction was swift – Trudeau quickly called a press conference to apologise and try and to take full responsibility, but stumbled in some of his responses. And soon after, both Andrew Scheer and Jagmeet Singh called their own press conferences to condemn Trudeau and to rail about how out of touch he is, and so on.

First things first: The Canadian Press has five items of note from the report, and John Geddes offers three items of his own. Hay is being made – particularly from certain opposition politicians – that Trudeau is the first PM to have been found guilty of breaking these conflict of interest laws, but it’s worth bearing in mind that this current conflict of interest regime is only a decade old, and it’s not a lot of time for which there to be much to compare to. Aaron Wherry parses the report here, while Paul Wells offers his own bigger-picture look as to why this all matters.

This all having been said, I’m trying to digest the substance of the report, and some of it does rankle with me a bit, in particular the way in which Dawson parses how a friendship with someone like the Aga Khan should unfold, given the position that he holds. I also wonder if better context should have been applied to just what his Foundation’s dealings with the Canadian government are, because actual private interests aren’t being advanced here – nobody profits from this. A lot of what the Foundation does with Canadian aid money is do things like provide school books to Syrian refugees in camps in the Middle East, where they have the networks to deliver them. This isn’t nearly the same thing as accepting gifts from businessmen whose private interests and personal profits may rely on decisions made by the Canadian government, and I wonder if it’s helpful to treat those as being on an equal playing field. (Then again, maybe it is. I’m not an expert in this).

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A couple of other thoughts – It is fair to ask why Trudeau and his team, who can be so focused on optics at times, were so blind to this one. But given that they’ve scored more than a few own-goals this last year with bad communications plans, that’s becoming clear that they’re not the masters at this that they sometimes appear to be. As for the lack of penalties in the Conflict of Interest legislation, we have to bear in mind that these are political actors that we are discussing, and merely naming and shaming them does have political consequences. If we got into games of demanding financial penalties or that public office holders be jailed for breaches, we change the political calculus of this ethics regime, and it would become an even bigger gong show than it is now, not to mention that it would make cooperation even less likely if they think there’s a jail sentence attached. And finally, there is a lot of smug sanctimony going around, but some caution had best be exercised, particularly by members of the opposition, when it comes to how the Aga Khan is portrayed in this. The Ismaili community already has their backs up over how he has been characterised to date, and those opposition parties could find themselves alienating an important voting bloc if they’re not careful.

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Roundup: Will American tax changes affect us?

With the excitement building over that coming US tax cut legislation (if one can call it that), we have already started seeing reaction here in Canada about how we should react, and while there has been some predictable demands that we start cutting our own corporate taxes yet again, others have called for a more pragmatic approach. In the Financial Post, Jack Mintz foretold doom for our economy in the face of these changes. With that in mind, Kevin Milligan tweeted out some thoughts:

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It also hasn’t gone unnoticed that these changes will create all manner of new loopholes around personal incorporation to avoid paying income taxes – kind of like Canada has been cracking down on this past year. Imagine that.

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To that end, Milligan offered a few more thoughts about the experience around implementing these kinds of changes.

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Meanwhile, my Loonie Politics column looks at whether the process used by that American tax bill could happen in Canada. Short answer: no.

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Roundup: Cyberwarfare oversight concerns

The University of Toronto’s CitizenLab issued a report on Bill C-59, and the powers that it gives the Communications Security Establishment to engage in offensive cyberwarfare operations, rather than just sticking to being on the defensive. According to their report, these kinds of activities wouldn’t require any kind of judicial oversight – just the sign-off from the ministers of foreign affairs and national defence – and will have little other oversight other than the National Security and Intelligence Committee of Parliamentarians. And as Stephanie Carvin explains below, that’s actually not a bad thing, because offensive capabilities are not the same as intelligence gathering – one of CSE’s other activities.

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And this is pretty much the point – a Crown prerogative doesn’t require the same kinds of oversight, and does not necessarily bind the activities to being Charter compliant because it’s not directed at Canadians, thus is not concerned with their particular rights and freedoms. And as Carvin points out, these kinds of operations have their own particular oversight mechanisms, which are simply different than the once that CitizenLab identifies. It’s perfectly fine to wonder if CSE is really the agency to be doing this kind of work, but that also means asking who else would be doing it, and if the answer is to build new capabilities within the Canadian Forces, is that the best use of scarce resources? Perhaps, perhaps not. It’s certainly a topic worthy of debate, but “no judicial oversight” is not right argument to be making in this case.

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Roundup: Unifying the prohibitions across departments

The federal government has issued new guidelines for foreign intelligence likely obtained through torture, so that it now covers the Canadian Forces, the Canadian Security Establishment, and Global Affairs Canada. This means that they are prohibited from using such information, except if it’s going to save lives either from an imminent terrorist attack or protecting Canadian troops on an overseas mission. This appears to harmonize direction handed down earlier to the RCMP, CSIS, and CBSA, so that all national security agencies (which are now under the same parliamentary oversight regime and will soon be under an independent arm’s length national security oversight regime) will have the same rules and restrictions. For some, it’s reassuring that the government is taking the issue seriously, but for others, the caveat isn’t good enough, and they need to issue a full prohibition, no caveats, no exceptions, full stop. Stephanie Carvin has more reaction to the announcement here:

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QP: One last go at the PM

On what promises to be the final sitting day of 2017, all of the leaders were present, and duelling Christmas poems by Mark Strahl and Rodger Cuzner, things got underway. While some of Strahl’s lines raised eyebrows (particularly the line about Scheer’s virility), Cuzner’s annual poem didn’t disappoint.

Andrew Scheer led off, railing about the “devastating” small business tax changes. Justin Trudeau reminded him that small business taxes were being lowered, and restricting income sprinkling was about ensuring that people couldn’t take advantage of loopholes. Scheer insisted that the changes spelled doom, and Trudeau responded that the opposition had become so partisan that they treated a small business tax cut as a bad thing. Scheer listed off the supposed ways in which the government has apparently attacked taxpayers, but Trudeau insisted that they were doing everything to grow the middle class, and noted how many jobs had been created. Scheer pivoted mid-retort to decry Trudeau’s “erratic behaviour” on the trade file, to which Trudeau reminded him that they weren’t going to sign any deal, but only wanted good deals for Canada. Scheer was concerned that Trudeau was endangering the NAFTA talks, to which Trudeau reminded him that capitulation was not a trade strategy. Guy Caron was up next to bay about the nomination process for the new Ethics Commissioner, and Trudeau noted that they started engaging the opposition for criteria of this process last June, and if they didn’t have confidence, they should say so. Caron insisted that their dispute was with the process not the candidate, and that they couldn’t trust a process where the committee was dominated by cabinet staff. Trudeau responded with a defence of that process, with a slightly disappointed tone. Alexandre Boulerice was up next, and he railed that the Commissioner wouldn’t promise to carry on current investigations and insinuated that the government was trying to sweep everything under the rug. Trudeau insisted that the process was merit-based, and when Nathan Cullen got up to list the alleged ethical violations of the government, Trudeau responded with disappointment that the opposition was relying solely on personal attacks.

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QP: Concern trolling about the Commissioner

After a week away, Justin Trudeau was back in the Commons after a week away, and Andrew Scheer was also back, as the final sitting days of 2017 ticked down. Scheer led off, mini-lectern on desk, and he raised the current investigations by the Ethics Commissioner, and concern trolled that they wouldn’t be completed before her term was up. Trudeau noted that he had recused himself from any discussions around the Commissioner, but he was confident that the House Leader would do a good job. Scheer, breathily racing through his script, worried that MPs would not be consulted or have a chance to vet the new appointee, but Trudeau reiterated that he had confidence in the House Leader. Scheer moved onto the backlog of veterans awaiting disability benefits, to which Trudeau noted that while the previous government closed veterans officers, they were reopened under the current government along with new investments. Scheer insisted that this was solely the problem of the current government, to which Trudeau said that veterans had abandoned hope of getting help under the previous government while they were coming forward now that the current government was reaching out and reinvesting. Scheer tried to then wedge this into a “mean-spiritedness” onto the disability tax credits, and Trudeau assured him that they were looking at the issue carefully to ensure that Canadians were getting the benefits they deserved. Guy Caron was up next for the NDP, and he too returned to the issue of the backlog of veterans benefits, and Trudeau reiterated that these were applications by those who had previously given up hope. Irene Mathyssen and demanded to know if the new veterans disability plan would be released before the House rises, and Trudeau offered assurances that they were taking the issue seriously. Caron turned to demand a Netflix tax and defend the press, and Trudeau insisted that they would not raise taxes on Canadians. Pierre Nantel was up next to demand the same Netflix tax in French, and Trudeau assured him that no Quebec demanded that he raise their taxes.

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Roundup: A couple of reality checks

As we head into the final week of the Commons’ sitting for 2017, there have been a couple of recurring themes in the past few weeks that could each use some good dose of Stephanie Carvin. The first issue remains that of returning foreign fighters, and the way in which the Conservatives keep repeating in Question Period that the Liberal strategy is apparently “poetry and podcasts,” which a) nobody has seriously suggested, and b) deliberately confuses preventative deradicalization programmes with those geared toward rehabilitating those who have returned from foreign warzones who may not have been active combatants (most of whom are dead by this point).

And then there is the Prime Minister’s trip to China, where a free trade deal wasn’t secured, which Carvin is an acknowledged China sceptic about from a national security standpoint, particularly because China doesn’t like to play fair, and will use tactics that include imprisonment and de facto hostage-taking in order to try and get their way in trade disputes.

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Let’s hope that the opposition has a chance to listen to some of what Carvin has to say before they ask some more…dubious questions this week.

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QP: Anecdotes concerning clarity

While Justin Trudeau remained in China on business, Andrew Scheer was in Surrey to help with the ongoing by-election there. That left Lisa Raitt to once again lead off, noted that it was a month away from implementation to the private corporation tax changes, and decried that there was too much uncertainty. Dominic LeBlanc was also leading for the government for a second day in a row, noting that they were clear in their promises, and that it was asking those very wealthy to pay a little more. Raitt raised the case of a couple who own a small business in her riding, and how they were uncertain about what the changes would mean. LeBlanc reminded her that the government can’t reveal budgetary measures in advance of a budget. Raitt tried a third time, getting warned for mentioning Morneau’s absence, but she nevertheless managed to demand his resignation. LeBlanc said that small business taxes were being lowered, and any further changes were still being considered as a result of the consultations they engaged in. Alain Rayes took over to ask the same question about the uncertainty in French, and LeBlanc dutifully repeated his points about lower taxes and forthcoming details. Rayes took some swipes at Morneau and demanded his resignation, and LeBlanc assured him that the minister was doing an extraordinary job, noting the decade-low unemployment numbers. Guy Caron was up next for the NDP, concern trolling over the confusion on trade talks with China, to which Patty Hajdu praised the government’s trade agenda. Caron wanted to know what human rights discussions were being had, to which Mélanie Joly stood up to assure him that they were having frank discussions that included human rights. Tracey Ramsey repeated Caron’s questions in English, some of the phrasing verbatim, which Hajdu reiterated her previous decision. Ramsey dug deeper, raising steel dumping, but Hajdu stuck to praise points.

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Roundup: Feeding the fear industry

The Conservatives’ final Supply Day motion of the year, and they chose to use it to both demand that the government bring any returning ISIS fighters to Canada to justice, while simultaneously condemning them for the Omar Khadr settlement – you know, the issue that they were going to hammer the government hard on back in September which didn’t materialize.

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As you can expect, the arguments were not terribly illuminating, and lacking in any particular nuance that the topic should merit, but that’s not exactly surprising. Still, some of the lines were particularly baffling in their ham-fistedness.

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Amidst this, the CBC published a piece about Canada’s refusal to engage in extrajudicial killings of our own foreign fighters out of the country, asking lawyers whether Canadian law actually prevents it, which not unreasonably has been accused of creating a debate out of nothing.

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And this is really the key point. Treating issues like this one in a ham-fisted manner, whether it’s with a Supply Day motion designed to fail, or a debate created out of nothingness, is playing into the fear industry that we really should be trying to avoid. This is not the kind of nuanced debate that we should be having, which hurts everyone in the long run.

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QP: Turning attention to Lebouthillier

With Justin Trudeau off in Beijing, along with several of his ministers, it appeared that Andrew Scheer decided he had better things to do, and left it up to Lisa Raitt to lead off QP instead. Raitt raised the ethical bar in Bill Morneau’s mandate letter, and with that having been failed by the fine for forgetting to declare the holding company that owned his villa, it was enough for him to resign. Dominic LeBlanc rose to respond, and dismissed the line of questioning as a weeks-long fishing expedition, and that Morneau had worked with the Ethics Commissioner. Raitt tried again, bringing in the fictional compliance requirements around Bill C-27, and LeBlanc dismissed the concerns, and pointed out that Raitt wished that the Conservatives had Morneau’s economic growth record. Raitt tried a third time, raising the share sales as though there was anything to question with them, and LeBlanc shrugged it off a third time. Alain Rayes took over in French, demanding to know about the share sales. LeBlanc reiterated his previous responses in French, and they went one more round of the same. Guy Caron was up next for the NDP, concern trolling over Morneau having to meet with the Ethics Commissioner yet again over share sales, but LeBlanc reiterated that Morneau works with the Commissioner and takes her advice. After Caron tried again in English and got the same response, Alexandre Boulerice got up to decry the competence of the revenue minister regarding either the money hoped for from going after tax avoidance and disability tax credits for diabetics, but Diane Lebouthillier assured him that the restored disability advisory committee was getting to work. Boulerice tried again in French, and Lebouthillier responded that they were getting tough on tax avoidance.

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