There was an interesting read over on Policy Options yesterday that all MPs should be paying attention to: a reminder that they should watch what they say in when speaking about bills, because the courts (and most especially the Supreme Court of Canada) are checking Hansard. When it comes to challenging laws, particularly Charter challenges, the issue of legislative intent is often raised, and the courts are forced to determine what it was the government intended to do when they passed these laws, and that can matter as to whether those laws will survive a Charter challenge. And if MPs – and most importantly ministers – give speeches full of bafflegab and meaningless talking points, it muddies the record that the courts rely on. The example here was the bill eliminating time-served sentencing credits, by which the court examined Rob Nicholson’s statements and tested them against the results of the law and found that no, eliminating the sentencing credits didn’t enhance public safety or confidence in the justice system. I would also add that it’s yet another reason why Senate committees have particular value, particularly when it comes to contentious bills that perhaps shouldn’t pass but do anyway under protest. Because their findings are on the record, when those laws inevitably wind up in the courts, those same objections can be read and taken into consideration. So yes, your speeches and work in parliament does matter, probably more than you think. Just be sure to use your words wisely, because they will come back to haunt you.
Good reads:
- It looks like a few other Liberal MPs are pushing back against the restrictive nature of the assisted dying bill after hearing from constituents.
- Said bill likely won’t get too many substantive amendments at committee.
- The PBO says the deficit likely won’t be as bad as the government projects, never mind that the government has been telegraphing this the whole time.
- It may be 4/20 today, but Jane Philpott will be at the UN to give some details on how marijuana legalization will happen here.
- The head of the Port of Vancouver has apologised to the Minister of Transport for blindsiding him with the approval of a jet fuel pipeline on port lands.
- Catherine McKenna said that GHG emission reductions may depend on oil markets this year.
- The RCMP unionization bill could see changes in committee.
- John McCallum is promising to crack down on immigration consultants preying on Syrian refugees.
- Justin Trudeau and cabinet talk about the need to end sexism in politics after that Michelle Rempel op-ed.
- The Correctional Investigator is looking into reports of violence at the Special Handling Unit in Quebec.
- Scott Brison pledges to work with the Privacy Commissioner to better report privacy breaches.
- The apparent leak of details of the doctor-assisted dying bill has been ruled a prima facie breach of privilege, and heads to Procedure and House Affairs.
- Susan Delacourt looks at the surprising effect of the youth vote on the last election.
- Paul Wells reflects on the nature of reporters scrumming with prime ministers, and why it’s not all about trying to bring them down.
Odds and ends:
Documents going back to 2005 showed instances that make it look like Senator Colin Kenny had parliamentary staff doing non-parliamentary duties.
The Senate’s website is profiling one of their procedural clerks.
Three MPs have yet to speak in the House this session. Two are Liberal backbenchers. The other is Stephen Harper.