Tag Archives: Afghan Detainees

Roundup: The coming Senate legislative crunch

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While the legalized cannabis bill passed the House of Commons last night and is off to the Senate, questions about the kind of reception it will find there are sure to be buzzing about in the days to come. While the bill’s Senate sponsor wants a process akin to the medical assistance in dying bill to take place (something I find overzealous and ignores the context of what happened then), it’s unlikely to happen that way, and we may see the Conservatives in the Senate trying to dig their heels in. But it’s still early days, so we’ll see.

With this in mind, I wanted to turn to Kady O’Malley’s Process Nerd column yesterday, where she looked at how the Senate could gum up the government’s end-of-season legislative plan, as they try to push through a number of bills before the Commons rises in just under three weeks. The Senate is already seeing a growing backlog of bills on its Order Paper (a function I’m told has to do largely with the Government Leader in the Senate – err, “government representative” and his unwillingness to negotiate with the caucuses in there on timelines), and will likely sit up to the 22nd to try and get most of them passed. But what O’Malley described in the refusal by the Senate to engage in pre-study of the budget implementation bill as being a sign that of uncertainty, I will note that the circumstances around this demand for pre-study were unusual from a procedural standpoint. As he outlined in his speech against the pre-study motion, Senate Liberal leader Joseph Day pointed out that the point of pre-study is for the Senate to do a parallel committee process and send recommendations to the Commons before they complete their own study so that they have the chance to make amendments that the Senate proposes at that time. The problem is that this particular bill had already reached Report Stage in the Commons before the motion to pre-study was moved in the Senate by Senator Harder, meaning that the opportunity to offer amendments had already passed, and there was no actual cause for pre-study, and what Harder was looking to do was short-circuit Senate procedure for his own scheduling purposes, and well, the Liberals were having none of it. And in the end, neither were the Conservatives and several of the Independents.

And this is one of the things that I think O’Malley missed in her column – that part of the problem in the Senate right now is that the leadership (meaning Senator Harder) is not exactly doing the government any favours with his inability to manage the legislative agenda in that chamber, especially when he tries to do an end-run around the rules to suit his purposes. It will be a problem if he keeps this up, because the veterans in that chamber won’t stand for it.

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QP: Of Poilievre and pabulum

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With the PM off to Toronto for the day, and Andrew Scheer at the funeral of Senator Enverga, it meant no major leaders present. That left Alain Rayes to lead off for the Official Opposition, concern trolling that some Liberal backbencher have anonymously groused to the media about Bill Morneau’s apparent ethical issues, to which Morneau stood up to deliver his well-rehearsed lines about working with the Ethics Commissioner and he has since gone above and beyond. Rayes gave a usual disingenuous list of “apparent” conflicts of interest, and Morneau gave the line about the opposition going after him because they couldn’t fault his economic performance. Rayes raised their previous Supply Day motion around demanding Morneau disclose all of his assets (never mind that he has), and wanted a free vote on it. Morneau responded with some well-worn pabulum. Candice Bergen took over in English, demanding disclosure, and Morneau reminded her that he already has. Bergen disingenuously worried about the lack of a blind trust (which the Commissioner didn’t recommend) and that he “forgot” about his Villa in France (incorrect: he disclosed the villa but forgot to disclose the ownership structure), and Morneau gently pushed back. Guy Caron led off for the NDP, concern trolling that Morneau Shepell has a number of government contracts, to which Carla Qualtrough reminded him that all procurement processes are open and transparent. Caron also raised those anonymous Liberals crying to the media, and Morneau responded with some usual pabulum. Hélène Laverdière was up next, and raised former NDP MP Craig Scott’s brief to the International Criminal Court to demand that Canada also be investigated for war crimes in Afghanistan, to which Chrystia Freeland responded that Canada respects the Court, and our Forces respected the codes of conduct. Laverdière asked again in French, and got the same answer.

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Roundup: A wake-up call on court complacency

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The Senate’s legal and constitutional affairs committee released their report on judicial delays yesterday, and while I haven’t made it through the whole report yet, I will say that the highlights are pretty eye-opening.

While you may think that the issue of judicial vacancies is top of mind, it’s actually the culture of complacency that has infected the court system, with inefficient processes, poor case management, an unwillingness by some judges to take their peers to task for granting repeated adjournments, and the list goes on. Yes, judicial vacancies are in there, and this government has excelled in delays for all manner of appointments (witness the backlog of nominations for Officers of Parliament, for example). It’s part of what the Supreme Court of Canada was hoping to get at with the Jordan decision (and may refine that somewhat more with the upcoming decision on Friday), but it’s clear that a lot of processes need to change.

I know there has been some work done, and I’ve written a bit about things like the move to do more summary judgments in some cases rather than going to full trial, and it can work. I just wrote a story last week where it did, and the biggest delay in the case was getting an actual hearing date. But some of the bigger problems remain structural, with things like inadequate mental health services that wind up processing these people through the courts rather than getting them proper treatment, or not having culturally appropriate services for Indigenous offenders which would do more to address their concerns and keep them from recidivism rather than keeping them cycling through the system (or out of jail entirely). Things like legal aid funding are also important to the smooth operation of the system, but one has to wonder if it’s not just giving the court system more resources, but also better drafting laws so that we deal with crime in a better way rather than just trying to look tough on the issues.

Anyway, what I’ve read so far looks good and resonates with what I’ve heard in my own justice reporting, so maybe, just maybe, this government can take some of the recommendations seriously and not just thank them, promise to consult further, and put it on a shelf.

(Incidentally, Christie Blatchford, who covers a lot of trials, is full of praise for the report).

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QP: Performing Norsat outrage

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On a very pleasant day in the nation’s capital, things were busy on the Hill between caucus meetings, the marking of the 100th anniversary of the dedication of the new Centre Block (after the original one was destroyed by fire), and after QP, the raising of the Pride flag on Parliament Hill. But first, there was QP. Andrew Scheer led off worrying about the deficit and wondered what the PM was going to do about it. Justin Trudeau was ready, and hit back with the list of ineffective boutique tax credits from the previous government and accused them of having neglected the middle class while his government has created jobs and prompted growth. Scheer moved on, and demanded a public sex offender registry, and Trudeau noted that the system already works. Scheer tried again in English, concern trolling about concerns that the government didn’t have funds to make it public. Trudeau reiterated the current system, and that it was put into place by both the Trudeau and Martin governments while the Harper government’s promise for a public registry was left without framework or funding. Scheer then switched back to French, and worried about the Norsat sale and allied objections. Trudeau insisted that allies were consulted and they listened to the advice of national security agencies. Scheer tried again in English, and Trudeau reiterated his points. Thomas Mulcair was up next, demanding the government support their suggestion on reforming appointments, and Trudeau remarked that they already had a new merit-based process. Mulcair then turned to the Der Spiegel article, and insistence that Trudeau was lying about it, and Trudeau countered with a statement from the German government that the story was wrong. Mulcair then demanded that the journalistic sources protection bill be passed before the end of the term, but Trudeau simply noted their support — which is all he could do because it’s not a government bill and they can’t fast track it. For his final question, Mulcair was concerned about whether Harjit Sajjan misled the Ethics Commissioner on his role with Afghan detainees, and Trudeau reassured him that they take their responsibilities seriously.

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QP: Rage over $2000 worth of cardboard

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With the weather finally taking a turn for the better, and the floodwaters across the river receding, things in the House of Commons carried on in the usual fashion. Rona Ambrose led off, wondering why the Infrastructure Investment Bank was necessary. Trudeau pointed out how they had consulted widely on the Bank, and that it was going to be helpful for growth. Ambrose called it a vanity project to help Bay Street and Wall Street friends, and made a dig about Broadway tickets along the way, and Trudeau reiterated the points about the need for infrastructure projects like the Bank would help provide. Ambrose brought up potential conflicts with the Bank, and Trudeau rebuffed by slagging off the previous government’s underfunding of infrastructure. Ambrose took another dig at the Broadway tickets, and Trudeau expounded on how great and important the play “Come From Away” is. For her final question, Ambrose asked about the government ordering cardboard cutouts of the PM — and made a bunch of lame puns along the way — and Trudeau said that individual missions abroad make their own decisions. Thomas Mulcair was up next, worried that the government hadn’t spelled out how private investors in the Infrastructure Bank would profit from their infrastructure. Trudeau talked about the great things that the Bank could invest in, but didn’t specify that there would be tolls on everything. Mulcair wondered how the Liberals would have reacted if the Conservatives promoted the idea, and Trudeau insisted that they consulted widely on the Bank, not just hedge funds. Mulcair changed topics and worried about tech stories that it was Jared Kushner who reached out to Trudeau to convince President Trump not to rip up NAFTA. Trudeau reassured him that they were working to strengthen trade and relations with the Americans. Mulcair went onto suggest that Trudeau was taking orders from Kushner, and Trudeau insisted that he was doing everything he could to resolve issues like softwood.

https://twitter.com/aaronwherry/status/862011491431665664

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QP: Bitching about Broadway

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While it was attempting to snow outside in Ottawa, and while the business of the day in the Chamber was an unconstitutional Supply Day motion, it was a pretty grim day in the capital. When Question Period came about, Rona Ambrose led off, mentioning the flooding in Quebec and elsewhere, and asked for an update on the assistance that the government was providing. Justin Trudeau noted that their thoughts are with those affected, and that to date, 1,650 troops have been deployed to assist. Ambrose then returned to the issue of Harjit Sajjan and the lack of explanation for his embellishment. Trudeau noted that he has full confidence in Sajjan, and that he was proud of Sajjan’s work, then got a dig in about Conservative under-funding that was a challenge for him. Ambrose ladled on some fairly smarmy sanctimony about how she was sure the Minister would never embellish while he was in uniform, and Trudeau brushed this concern off. Ambrose switched topics — finally — and brought up the Infrastructure Bank and the connection to companies like Blackrock. Trudeau noted previous underinvestment in infrastructure, and that they were going to lead to good jobs with their plans. Ambrose railed that there were obvious conflicts of interests with the Infrastructure Bank, but Trudeau stuck to his good news talking points. Thomas Mulcair was up next, giving a slow-talking, serious-sounding question about calling an inquiry into Afghan detainees. Trudeau noted that six separate inquiries had been conducted and the NDP ducked out on one of them. Mulcair switched to French to ask again, and got much the same answer. Mulcair switched to the flooding, and Trudeau noted that he went to sites to help fill sandbags. Mulcair demanded federal support, and Trudeau noted that they already had it.

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QP: Questionable claims about Sajjan

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For Star Wars Day (“May the 4th be with you”), it was unfortunate that the prime minister was absent, as he was busy meeting his Irish counterpart in Montreal.

Rona Ambrose led off, reading some sanctimonious disappointment in the defence minister. Harjit Sajjan noted that he apologies, and launched into a sales pitch for his forthcoming defence review.

Ambrose railed that Sajjan behaved like a politician — because that’s what he is — but Sajjan stuck to assurances that he was looking after the troops. Ambrose turned to tax benefits for those serving in Kuwait, and Sajjan said that they would ensure that they would have the necessary benefits owed to them and they were ensuring fair compensation rules were in place. Ambrose accused him of misleading the House on the issue, and Sajjan spoke about fixing the immediate problem, and there was a difference between tax-free benefits and hardship allowance. Ambrose then turned to defence funding, and demanded Sajjan’s resignation. Sajjan said they were putting the Canadian Forces onto a sustainable footing. Ambrose cherry-picked past defence spending of the previous government (ignoring that many of those procurements, like the helicopters, were badly bungled), and Sajjan expounded upon the non-partisan advice they got on the defence file and that they were moving ahead to recapitalise the Forces.

Nathan Cullen led off for the NDP, but when he talked about the government “polishing a turd” of political fundraising, the Speaker was unamused and went to the next name on the list.

That was Alexandre Boulerice who railed about finalising rules, and Karina Gould assured him they were tabling rules for more transparency. Boulerice then railed about handcuffing the PBO, and Bardish Chagger said they were making him more independent but were open to amendments. Cullen was back up to ask the same in English, and Chagger repeated her answer.

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QP: Attempting a defence pivot

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After the introduction of the five new MPs who won the recent by-elections — who were introduced into the Commons in the proper fashion (which doesn’t always happen), and QP got off to a very delayed start. Rona Ambrose led off, worrying that Harjit Sajjan didn’t attend a veterans dinner to apologise to them personally. Justin Trudeau noted that Sajjan unveiled the new defence policy today, and slammed the previous government for not spending enough on the military, to many cries of outrage by the Conservative. Ambrose railed about how the Liberals don’t respect the troops, but Trudeau insisted that his government was going to fix the problems of the previous government. Ambrose concerned trolled about Sajjan’s reputation with the troops, and Trudeau accused them of talking a good game with supporting the troops but not following through. Ambrose tried again, and Trudeau insisted that they were leading the way with restoring the Forces. Ambrose tried another helping of concern trolling, and got the same answer. Thomas Mulcair was up next, concerned about our dropping World Press Freedom index ranking and wanted protection for sources. Trudeau said that they believed in that protection, and Mulcair dropped mention of the VICE journalist fighting the RCMP in court, before barrelling along to his prepared question about the old Bill C-51. Trudeau noted the report released and that they would change the legislation in the coming months. Mulcair then called on Trudeau to personally call Putin about gay men being persecuted in Chechnya, but Trudeau did not commit to doing so, just to better sponsorship for LGBT refugees fleeing persecution. Mulcair accused the government of not doing enough, particularly with emergency visas, and Trudeau spoke about the need for permanent solutions to help refugees, not temporary ones.

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Roundup: The quest for a less arbitrary majority

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The electoral reform committee met for the first time yesterday and got all of its housekeeping details out of the way – “electing” Francis Scarpaleggia as the chair (though it was unopposed) and naming Scott Reid and Nathan Cullen as the deputies, allocating clerks and resources, and starting to figure out when the meetings will begin, hearing from the outgoing Chief Electoral Officer to start with. But with all of this going on, it bears reminding what we are doing with this whole “reform” endeavour in the first place, much of which has to do with the complaints that parties that don’t get a majority of the votes wield a majority of the power. Joseph Heath writes a great piece debunking this kind of thinking that everyone should read, because it is a reminder that trying to find a “true majority” becomes a futile quest – there is enough arbitrariness in any system that there can never be an actual majority, but it is simply more naked under First-Past-the-Post. Changing the system just moves the goalposts in different ways – indeed, proportional systems just removes the possibilities of majority government with the horse-trading of coalitions, which brings yet more arbitrariness into the system. So good luck, committee members, with your stated goals for the system you wish to choose when they are built upon foundations of sand.

Meanwhile, as our friends in the media write yet more stories about what the committee will be looking at, can I please offer the reminder about doing some actual research when it comes to systems like ranked ballots. Consistently our media colleagues have repeated the grossly distorted line that ranked ballots somehow “increase the disparities of first-past-the-post.” We’ve seen this over and over again, especially as the NDP and their Broadbent Institute brethren have picked it up as a talking point. No.

This supposed fact comes from a single analysis done by CBC’s Eric Grenier using a single poll done around the time of the election regarding second choices. That’s it. It doesn’t detail how the system actually works and what it is designed to do, which is to eliminate tactical voting, and yet we’ve never heard that description used once. Oh, wait – I used it in a sidebar I researched for the Ottawa Citizen. But that’s it. It would be nice if other journalists writing about this file could actually go and do a bit of research on their own rather than repeating the talking points provided to them by partisans, because we might get a better understanding of what is actually up for debate.

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Roundup: Big tent divisions

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There was an interesting and perhaps somewhat revealing interview in The Hill Times yesterday where openly gay MP Rob Oliphant let it be known that despite the outward acceptance of LGBT issues in the Liberal Party, it is not a universally held opinion, and that there are still undercurrents of the “love the sinner, hate the sin” attitude that still reside within some of its members. As an example, MP John McKay – a noted evangelical Christian – was quoted as saying that his feelings about same-sex marriage haven’t changed, even though he considers the issue settled. It’s that line between tolerance and acceptance, and Oliphant rather adroitly points out that the line is still there within his own caucus. It also seems to me to be a kind of oblique explanation for why the government wound up taking such a tough line on the assisted dying bill – to the point that they would rather see it go back to the Supreme Court of Canada in order to suffer a defeat and be “forced” to deal with the issue as it was originally laid out in the Carter decision rather than to go along with it on their own. There are other lines within the party where Trudeau has forced the issue with his candidates and caucus, such as abortion (McKay being an opponent, as was Lawrence MacAulay until Trudeau’s edict), and it would seem that the same line is being threaded with the assisted dying issue. The difference is that with this one, Trudeau did not force the issue with his caucus and insist that this is a Charter issue that they will be whipped on (never mind that the Carter decision very clearly stated that yes, this is a Charter issue and this is why the current law is not adequately ensuring access for these Canadians with grievous and irremediable suffering). And it did seem that it was originally going to be the case where this was going to be a whipped vote on Charter lines, but he backed away from that under some public pressure from the media. How much of that was from push-back from the caucus and the broader party membership remains to be seen, but it would seem that the attempt to create the broadest possible tent is forcing some uncomfortable compromises, and in this case, Trudeau made the calculation that this wasn’t a battle he was willing to fight within his own base, never mind that he had the Charter argument right there. Instead, we are left with an inadequate law that will be challenged again (and one hopes not at the expense of another suffering family), and the reminder that while the public face of the Liberal Party is one of progressivity, there remains a social conservative undercurrent of the party that the leader’s declarations haven’t entirely done away with.

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