The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

I’m not necessarily against this. But it is not such a clear issue. Judicial independence is important. And this bill should be fully studied and debated. What about mandatory education on issues of race, marginalization, and systemic discrimination? Wrongful convictions? https://t.co/55rWj23cKT

— Michael Spratt (@mspratt) February 4, 2020

Good reads:

• The first evacuation flight from Wuhan looks to be set to go ahead early Thursday morning, but it looks like a second plane may now be necessary.
• The Star has constructed a timeline of the federal government’s response to the novel coronavirus outbreak.
• The Federal Court of Appeal has dismissed the appeal of the Trans Mountain pipeline decision, meaning that it can continue with construction.
• The government’s talk of “red flag” legislation to seize guns from people who are at risk of being a danger to themselves or others is being panned from all sides.
• Here’s a look at the feasibility of what the government might implement from the Yale Report on changing the Broadcasting Act.
• The Parliamentary Budget Officer has once again confirmed that yes, most people will get more back than they pay in carbon prices.
• The RCMP have finally paid their outstanding debts regarding Trudeau’s trip to Bell Island in 2016, after the Commissioner had to get involved.
• Canadian special forces are back on the job in northern Iraq following the Iranian missile attacks.
• During the debate on the Conservatives’ Supply Day motion, MP Arnold Viersen asked if an NDP MP considered a career in sex work; he later apologised via Twitter.
• Peter MacKay says the Paris targets are “aspirational” but he doesn’t want to give up on them – err, except he just did, and no, technosalvation isn’t a solution.
• Erin O’Toole’s campaign is drawing on the database that Jeff Ballingall’s “Canada Proud” websites have generated.
• Jason Markusoff looks at how the Trans Mountain decision puts a stake in the notion that duty to consult is an Indigenous veto.
• Kevin Carmichael remarks that Suncor’s CEO is telling his fellow executives to engage in some self-reflection as to why our productivity is so poor.
• Heather Scoffield details how the government has failed to communicate their investments in things like clean tech, so the Conservatives are doing it for them.
• My column looks at the Senate exhausting its due diligence with Senator Lynn Beyak before they finally vote to vacate her seat.

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