First thing yesterday morning, the federal government announced that they were proceeding with restarting consultations with First Nations affected by the Trans Mountain Expansion pipeline, and that they had tasked former Supreme Court of Canada justice Franc Iacobucci to oversee the process. Iacobucci has done a great deal of work around the Duty to Consult in recent years, as this report that he wrote with law firm Torys LLP demonstrates, along with work he’s done with Ontario over the underrepresentation of Indigenous people on juries in the province. Indigenous groups in the region have responded with some optimism, but are also warning that these consultations can’t come with a predetermined outcome if they’re to be meaningful (which may be too far to go given that the government has stated that this project will go ahead). Some of those Indigenous communities are also looking at the fact that this process could allow them to talk more amongst themselves.

https://twitter.com/coreyshefman/status/1047512242109997056

https://twitter.com/coreyshefman/status/1047512244303663104

https://twitter.com/coreyshefman/status/1047512246660808704

https://twitter.com/coreyshefman/status/1047512248716087297

Meanwhile, Rachel Notley and Jason Kenney (among others) are bellyaching that the government has opted not to appeal the Federal Court of Appeal decision to the Supreme Court of Canada, and yet not one of them has articulated what the error in law they are looking to contest would actually be, which is kind of a big deal if they think the Court will hear it. It’s also not clear that an appeal would get them any clarity anytime soon, given that the Court usually gives about six months between granting leave and hearing the case in order to provide time for submissions, and then a decision could take another six months at least – possibly more if it’s a contentious issue, like this one is.

This is really important for those imagining there is a legislative 'answer' to duty to consult. It's a legal interpretation of the constitutional duties of the Crown, so the gov't can't legislate the equivalent of yelling "not it!" on the duty. https://t.co/MWkZJSjWAN

— Andrew Leach (@andrew_leach) October 3, 2018

Good reads:

• Less than 24 hours after touting positive politics, Justin Trudeau dismissed his critics in the Commons as “ambulance chasers.”
• Trudeau is also warning François Legault to think very carefully before thinking about using the Notwithstanding Clause.
• Not unsurprisingly, the Conservatives’ motion on Tori Stafford’s killer was defeated by the Liberals and NDP. Trudeau skipped the vote.
• People are grousing that the Canadian government isn’t denouncing Trump’s attacks on Judge Brett Kavanaugh’s accusers. (Really?)
• The military is looking to provide caseworkers for its members who have been the victims of sexual misconduct.
• Treasury Board has agreed to a new playbook for collective bargaining that should result in faster deals and higher standards of conduct and trust.
• Three northern communities were unable to get their years’ worth of grocery deliveries because of impenetrable ice in the area.
• Three new senators were appointed, including the former G7 sherpa, columnist Paula Simons, and an Indigenous researcher.
• The bill to ban whale and dolphin captivity continues to face drama in the Senate.
• Liberal MP Majid Jowhari writes about life as a rookie MP in a place that “fetishizes exhaustion,” and writes about MPs taking care of their mental health.
• The NDP are trying to rush the government to expunge pot possession records (but I’m not sure a private members’ bill is the best way to go about it).
• NDP riding associations in Saskatchewan are complaining the party isn’t communicating with them, which has been made worse by the Erin Weir situation.
• Manitoba says they’re not going ahead with their carbon tax, which means that they too will be hit with the federal carbon backstop (and Manitobans will get cheques).
• Kady O’Malley’s Process Nerd column gripes that the House of Commons could do better when it comes to dealing with amendments at committee.
• Andrew Coyne says the federal government should step in if Quebec uses the Notwithstanding Clause to attack religious minorities (but I’m not sure how).
• Susan Delacourt wonders if the recent spate of Liberal losses at the provincial elections is indicative of a deeper trend.
• Andrew Potter posits that it would be better to make Aung San Suu Kyi take her honorary Canadian citizenship seriously as opposed to simply withdrawing it.

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