Roundup: The judge and his hockey pedigree

Justice Marc Nadon appeared before MPs yesterday afternoon as part of the meet-and-greet exercise that serves as a not-really-confirmation-hearing as part of the consultation process for judicial nominees that the government put into place. In a series of softball questions – which are all that are allowed – we learned a bit about Nadon, which seemed to be a lot about hockey. Apparently we now need to establish someone’s hockey pedigree before we can appoint them to a major office, if His Excellency David Johnston, Bank of Canada Governor Stephen Poloz and Justice Nadon are anything to go by. Also, Nadon claims to have been “drafted” by the Detroit Red Wings when he was 14, though there is no record of this, and makes one wonder if he chose the wrong word, or if he remembers things a little more glorified than they really were. Regardless, any attempt to get an insight into his judicial thinking was rebuffed, so we were left with another round of questions that would have only been improved if one MP had bothered to ask Nadon which Spice Girl he would be if he could be a Spice Girl. (Incidentally, those demanding that MPs have a more active role in the final decision should also remember that in our system of Responsible Government, the accountability for appointments rests with the PM so that he can be held to account – either at the ballot box or by maintaining the confidence of the House – as giving MPs that power would muddy the accountability). Over at CTV, there is a clip of law professor Carissima Mathen explaining her reservations about the way the government has been making their Supreme Court appointments. Irwin Cotler, who began the process of opening up the Supreme Court nomination process to outside scrutiny, writes about the problems with this particular appointment process – especially the timelines laid out by the government.

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Roundup: Outrage over the “Charter of Values”

The PQ government in Quebec unveiled the details of its proposed “Charter of Quebec Values,” to universal condemnation from the federal parties. It proposes to limit the religious accommodations made for public servants – in other words, you can wear a small cross or Star of David ring, but nothing larger or more obvious, and no, your boss doesn’t have to give you time off for religious holidays or a prayer space. Jason Kenney immediately promised that they would go to the courts to find the new law unconstitutional if Quebec presses ahead (though Quebec does have the option of using the Notwithstanding Clause of the Charter if they felt it necessary to do so). Oh, and because it shows you just how well they thought this through, they didn’t have an answer about whether people would still be swearing on Bibles in a court room. Oops. For a bit of history on how the party got to this point, it bears reminding that electing an urbane, metropolitan gay leader got them nowhere, so now they’re resorting to the more xenophobic end of the spectrum to try and make headway. John Geddes compares the way each of the federal parties reacted. Martin Patriquin looks at the history of backtracked proposals that Marois’ government has put forward to date, and predicts that this Charter won’t see the light of day in its current form.

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Roundup: The AG and the power of compliance

While Transport Canada went on record stating that three of the deficient areas found by previous audits were going to be rectified within a specified timeframe that had to do with an “extension” granted by the Auditor General’s office, the AG’s office said that they’re not in any position to grant any extensions because they don’t have enforcement mechanisms – it’s all Transport Canada’s responsibility to ensure compliance. So, yeah. Well done Transport.  Elsewhere, Maclean’s has breakfast with the president of Montreal, Maine and Atlantic Railway, where he sort of clarifies some of his comments from the previous day.

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Roundup: The utterly shameless Senator Duffy

The ClusterDuff exploded yet again yesterday with new revelations – this time a series of emails from July of 2009, when Senator Duffy was trying to lobby for a) a cabinet post as a minister-without-portfolio and b) compensation for an “increased role” within the party, mostly to do with fundraising activities that he was trying to find some way of making additional money off of. This was about six months into Duffy’s time in the Senate, and paints a picture of just how shameless and entitled he has been in his role as a Senator, especially as there was no way he would get a cabinet post as there is already a minister from PEI, and to get a post to simply do fundraising for the party is antithetical to the role of a minister of the Crown. He was also apparently cautioned with his travel expenses, but it keeps going back to the point of wow – he really is that shameless. On Power & Politics, John Ivison speculated that the leak of these emails came from PMO in a pre-emptive attack against any dirt that Duffy himself tries to dish out as he fights back, but it’s hard to get past the wow factor of just the sheer brazenness of it all. It also puts the focus more on Duffy himself as the problem rather than the Senate as a whole, which is really where the lion’s share of the blame does belong. Michael Den Tandt writes how Harper has lost the credibility to be given the benefit of the doubt when it comes to any of his excuses in this matter. Colby Cosh argues that the attention we’re paying to the ClusterDuff affair is distracting from the real problems facing our country, such as those uncovered in the Federal Court ruling on misleading robocalling. Maclean’s offers up a new cheat sheet of the people involved in the Senate expenses scandals.

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Roundup: Poor, poor Mike Duffy

Poor Senator Mike Duffy. Poor, poor Senator Duffy. So poor, in fact, that he had Nigel Wright, the Prime Minister’s Chief of Staff write him a personal cheque for $90,000 to cover his housing allowance repayment. And how did the dear Senator repay Wright for his very generous gift? By bragging around town that Wright had done it, enough that those emails found their way to one of Duffy’s former journalist colleagues. Oh, and such a “gift” would also be against Sec. 17(1) of the Senate’s Conflict of Interest Code. Oops. (And apparently the Ethics Commissioner on the Commons side is now looking into Wright’s actions). Now, there is some ambiguity in those regulations, predicated on what constitutes a gift and just how close of a friendship the pair have – and that came as the bombshell later in the day. After an afternoon of Conservative talking heads peddling the story that the pair were very close, and that Wright helped Duffy out because he was concerned about his financial situation given his health and all, comes the revelation that Duffy tried to say that he got a loan from the Royal Bank and that Wright had no part in this, and more than that, insiders say that Duffy and Wright barely know one another. This despite PMO’s assurances to the contrary, although they tried to paint this in that altruistic light, while simultaneously trying to shift the attention to Senators Brazeau and Harb instead. They were also trying to peddle the line that Harper knew nothing about this – that his own chief of staff cut a cheque to make a noisy and embarrassing story go away, and yet the boss was kept in the dark? Yeah, that’s totally plausible. Tell me again how this is going to end well for any of the parties involved.

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Roundup: Duffy and Brazeau are totally helping their cause

Not that it’s a big surprise, but Senator Patrick Brazeau has vowed to fight the order that he repay those living expense in the wake of that Senate audit. While he does have a point that he was cooperative and that he met all four residency requirements, unlike the other two Senators, but that doesn’t change the fact that he spent a mere ten percent of the time. Government leader in the Senate has threatened that if Senator Brazeau and Harb don’t repay their expenses – with interest – immediately, the Senate will garnish their wages, which they can do. It’s also not clear with which court they can try to challenge these audit results and the orders that the Senate itself will be voting to enforce, seeing as Parliament is actually the highest court in the land. Meanwhile, Charlie Angus wants the legal opinion that LeBreton solicited regarding Senator Mike Duffy’s eligibility to sit in the Senate based on his residency – which told LeBreton that everything was fine – made public. (As an aside, one does wonder just how many legal opinions on the Commons side are made public.) LeBreton replied that Duffy owns property and maintains a residence in the province he represents, so case closed. Ah, but perhaps not, as it was revealed last night that that there appears to have been a deal struck between Harper’s chief of staff to help Duffy with his repayment two days before he announced it, and while the PM’s spokesperson has said on the record that no taxpayer funds were used, that likely means party funds. I suppose the party may consider it fair compensation after Duffy did all of that fundraising for them, but yeah, this is totally not helping his case any more than Brazeau and Harb’s fight is helping their own. But seriously, the rest of you – the behaviour of three individual Senators is not actually indicative of the institution as a whole, and shouldn’t undo the good work that the other hundred Senators are actually doing, within the rules. The Senate’s strength as an institution is stronger than the damage caused by a couple of bad apples, and people need to be reminded of that.

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Roundup: Everything’s coming up Vic Toews

Vic Toews is all over the news right now, and quite possibly all over Question Period later today. Yesterday morning Toews was on The West Block and basically said that the RCMP “communications protocol” was put into place so that he doesn’t get ambushed by opposition questions in the House after the parliamentarians who had those meetings bring up things they discussed. Aww, muffin! Access to information documents also show that Toews tried to limit the RCMP’s apology to the families of victims of serial killer Robert Pickton. The RCMP ended up rejecting said revisions, saying they came in too late, but it appears to be a case of overreach, and likely an attempt to forestall any attempts of legal action that an admission that the RCMP could have done more to stop Pickton is likely to generate.

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Roundup: Exit Penashue

In a surprising turn of events, Intergovernmental Affairs minister Peter Penashue resigned his seat after it was proved that he accepted improper political donations in the last election, which included free flights, an interest-free loan, and dressed up corporate donations. And then he paid back $30,000, which was more than the amount that the CBC had calculated, and they had no idea where the money came from, since the campaign was broke, hence the need for the loan. Penashue won by only 79 votes then, and plans to contest the nomination. His former Liberal Challenger, Todd Russell, has lately been fighting the Lower Churchill project because it hasn’t properly consulted with the Innu communities in the region, and is taking the next few days to consider if he’ll run again.

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Roundup: Ideological purity, backlogs, and penalties proposed

It was the Manning Networking Conference in Ottawa over Friday and Saturday, and in it, Preston Manning said some pretty interesting things about how conservatives should distance themselves from those who cross the line – like Mr. “Lake of Fire” from the Wildrose in Alberta, or Tom Flanagan and his child porn comments. And yes, this is a pretty big departure from the Reform Party of yore, as Chris Selley notes. Also at the conference was US libertarian hero Ron Paul, and Aaron Wherry writes about Paul, Jason Kenney, and the notion of ideological purity as put forward in a conference like the MNC.

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Roundup: Wanton constitutional vandalism

The NDP have decided to spend their opposition day motion on what is basically the endorsement of wanton constitutional vandalism, but in this particular case, trying to put forward the case for Senate abolition. Never mind that their arguments will ignore federalism, bicameralism, and the actual work that the Senate does or perspective it provides – no, it’ll be all specious catchy slogans and intellectually dishonest false comparisons masquerading as substantive debate. It’s like saying that you don’t know what  your pancreas does, so why not remove it? Meanwhile, Thomas Mulcair won’t say whether or not he’d appoint Senators if he were to form government in 2015 – never mind that whether he believes in the Senate or not, there is still a constitutionally mandated legislative process that needs to be followed. But you know, details.

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