Tag Archives: Citizenship

Roundup: Judicial review and missing nuance

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There was a development regarding a First Nations court challenge, which I’ll discuss in a moment, but first up, the campaign news. Jagmeet Singh was in Saskatoon to essentially re-announce his plans to “immediately” implement dental care – again, omitting that it’s provincial jurisdiction and he has no way of forcing provinces to do the heavy lifting – before he headed to Thunder Bay.

Justin Trudeau didn’t announce anything but met with voters at a restaurant in Quebec City, followed by a media availability where he assured everyone that his views have evolved from when, in 2011, he said he was personally against abortion but was pro-choice. He says he’s now totally pro-choice because his previous stance didn’t really make any sense – something he probably felt he needed to make clear when it was remarked that his position and Scheer’s were very similar in personally opposing abortion. Later on, he was at a tree planting with a candidate in Saint-Anaclet, Quebec, where he addressed the lawsuit issue (and again, more on that in a moment).

Andrew Scheer was in Etobicoke, where he re-announced the party’s platform as regards gun control and gangs – and much like his foreign aid announcement, this one was also based on a series of lies about bail and sentencing. More to the point, Scheer pledged more mandatory minimum sentences – which the courts keep striking down – and pledging to fight for them in court tooth and nail, so he wants to spend millions of taxpayer dollars to fight for unconstitutional laws for the sake of symbolism, apparently. But this was overshowed by yet more questions about his dual-citizenship, including his need to file US taxes, and being registered for “selective service,” meaning the draft.

But back to the court challenge, which was news that the government had applied to the Federal Court for judicial review of the Canadian Human Rights Tribunal decision that would award compensation to every First Nations child who had been apprehended by child and family services. Immediately there was a hue and cry, and plenty of outrage (some of it performative), and a lot of hot takes from journalists who failed to understand the nuances in legal stories. And while I’m not a lawyer, I have been on the law beat for several years now, and I can say that oftentimes, these kinds of appeals are made on technical grounds because in the law, precise wording matters, particularly when one is concerned about the precedents it sets. Both Seamus O’Regan and Trudeau did address this in the media saying that they agree that the government failed these children and that they are owed compensation, but they need time to determine how to do it right, but they can’t do that during a writ period (which is appropriate, given the Caretaker convention, especially as this is worth billions of dollars). Ah, but these clever reporters said, the documents say that they are opposed to the compensation award. Now, I haven’t had a chance to read the application because it’s not online, but the CBC describes it thusly:

The application says Canada acknowledges the finding of systematic discrimination and does not oppose the general principle of compensating First Nations individuals affected by a discriminatory funding model — but it argues awarding compensation to individuals in this claim is inconsistent with the nature of the complaint, the evidence, past jurisprudence and the Canadian Human Rights Act.

Now, there are clues in here as to what the government is arguing, primarily that the Tribunal exceeded its authority to make this kind of compensation order based on the kind of human rights complaint that was brought before it, including exceeding their statutory authority. So that’s not a small thing if that’s the case. And it’s a hell of a lot of nuance in the story that deserves to be explained. Any government is going to be concerned if a Tribunal exceeds its authority to make these kinds of orders, because that will impact future cases with future governments – no matter that they feel this case is deserving of compensation. But this very important detail has been completely glossed over in the search for outrage takes, which means that the reporting is doing a disservice to all parties involved.

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Roundup: Foreign aid announcement a house of lies

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On what was supposed to have been the date of the Munk debate, Andrew Scheer was in Toronto to have a big press conference about his foreign policy plans, which were conveniently leaked to the Globe and Mail Monday night so that they could dominate the news cycle first thing in the morning – much to the ire of everyone on the campaign bus who pay for the privilege of being there. Scheer’s big headline was his plan to slash foreign aid spending – a blatant pander to the nativist sentiment that falsely has people claiming we should take care of our own before sending “so much money” abroad. After a lengthy diatribe that distorted, misconstrued and outright lied about the Liberal record on foreign policy, Scheer then laid out his four priorities – the slashing of legal aid (allegedly to focus on children in war-torn and poor countries while using more of the money to spend on their other domestic programmes); strengthening our alliances with our “traditional allies” (I’m guessing that means the UK, Australia, and New Zealand) and sending more military aid to Ukraine; targeting regimes like Iran with Magnitsky legislation; and “depoliticizing” military procurement. (Oh, and securing a UN Security Council seat isn’t going to be a priority for him either). But as it turns out, Scheer’s figures about what we are spending on foreign aid right now was one giant lie (and more context in this thread), and one notable example where Scheer couldn’t get a handle on his facts was that money that was sent to Italy was for relief after an earthquake there. His whole part about “depoliticizing” military procurement was just a wholly fictional accounting of the Mark Norman affair and the procurement at the heart of that situation (which was initially a highly political sole-source contract that was designed to save Steven Blaney’s seat). And to top it off, it was clear from this press conference that Scheer has an adolescent’s understanding of foreign aid – and foreign policy in general. But it should be alarming to everyone that someone who is running on “trust” went to the microphones and lied his way through an entire press conference on a policy platform that is in itself a house of lies. This election is getting worse with every passing day.

In Richmond Hill, Justin Trudeau met with some suburban mayors in the GTA to talk about gun control, but just reiterated their existing platform promises around banning assault rifles and finding a way to let cities further restrict handguns (even though these very same mayors all wanted a national handgun ban – so, own-goal there, Liberals).

Jagmeet Singh, meanwhile, remained in Vancouver to talk childcare some more, and this time pledged to let new parents retain full benefits if they take less time for parental leave than is usually allotted.

It’s the TVA debate tonight, so expect a quiet day on the campaign trail in advace of that.

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Roundup: Narratives about radicalization ahead

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One of the sub-plots from the 2015 election is about to get a rerun as the UK decided to revoke citizenship from “Jihadi Jack” Letts, who has joint-UK and Canadian citizenship. That essentially leaves him with only Canadian citizenship – dumping their problem on our laps (likely in contravention of international law, incidentally). And that means a return to Trudeau’s decision to revoke a Conservative law that would have had a similar effect in Canadian law, because as you may recall, “A Canadian is a Canadian is a Canadian.”

Where this will be compounded with the Conservative talking points that Trudeau thinks that returning fighters are “powerful voices” that can be reformed with podcasts and poetry lessons – which is a gross distortion of both Trudeau saying that people who were de-radicalised (not returning fighters) could be those powerful voices in their communities, and de-radicalisation programmes themselves, which again, are not for returning fighters but preventing people from taking that step once they’ve been radicalised. And lo, they will talk about how “naïve and dangerous” the notion that returning fighters can be de-radicalised is, when all of the things they point to are about de-radicalising people before they leave the country or do something violent here. But why should they let truth get in the way of a narrative?

Meanwhile, Letts’ parents are imploring the Canadian government to do something, and they are prepared to move here if that helps, but it also leaves questions as to what Letts may be charged with – though there is no evidence he was actually involved in any fighting. Nevertheless, it’s a problem the UK dumped on us that will become a partisan election issue, with all of the nonsense that entails.

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Roundup: A few straw men and some rhetoric about immigration

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Andrew Scheer gave another one of his “economic vision” speeches yesterday, this time on the subject of immigration policy. And while it was all “yay economic immigrants,” there were still a few questionable pronouncements throughout. It should be pointed out that off the top, he made a big deal about how they don’t want racists or xenophobes in the party (in apparently contradiction to the succour they gave avowed racists when they thought they could use them to paint the Liberals as the “real” intolerant party), and invoked his belief that we’re all God’s children so nobody is inferior regardless of race, religion, or sexual orientation, and if they didn’t like that, the door was that way. So there’s that.

As for the policies, they were not only deficient when it comes to detail, but there was some of his usual problems of straw man arguments and hollow promises. For example, he repeated his usual argument that privately sponsored refugees do better than government-sponsored ones, but nobody is disputing that, and nobody is arguing against private sponsorship, but there is a place for government sponsorship which has to do with the most vulnerable who need more timely relocation and who may not have private sponsorship lined up. And yet, it’s part of his dichotomy about private groups being better than government. He also vowed to stop irregular border crossings, and good luck with that, because it’s always going to happen, and unless he can also stop Donald Trump from threatening immigrants and refugees in his own country, it’s not going to stem the flow coming into Canada irregularly – it’ll just push them to more dangerous crossings. He also didn’t stop the usual rhetoric that pits immigrants against asylum seekers that this kind of vow just exacerbates, so that’s not exactly turning over a new leaf. He also promised that economic migrants would get their credentials recognised in Canada faster, but good luck with that because credentials recognition is a provincial responsibility, and the federal government has precious few levers there, and successive federal governments have tried to deal with this situation in the past and not had much success, ensuring that his promise is empty. But what was perhaps most frustrating was his talk about intake levels – and while he took a dig at Maxime Bernier for calling on them to be reduced, he also said that the level should change every year based on “Canada’s best interests,” which is a giant loophole for that same kind of talk about reducing levels for bogus reasons.

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Meanwhile, the IRB says they need more funding if they’re going to tackle the asylum claimant backlog (which again, they inherited from the Conservative government) rather than just stabilize growth, which is what they’re projecting currently – but the real kicker here is that they’re still relying on faxes and paper copies rather than emails or electronic files, because they can’t share information effectively with CBSA, which should boggle the mind. And this problem was identified a decade ago (as was pointed out by Liberal MP Alexandra Mendès at Public Accounts), and it’s still a problem. I’ve talked to immigration and refugee lawyers who say that it’s a huge frustration for them that until recently, they couldn’t even schedule hearings by email. The IRB say they’re seized with the issue, but cripes, this should be embarrassing.

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Roundup: A weekend of Norman

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Over the course of the long weekend, there was another push about the Vice Admiral Mark Norman story, but there were some problems in how this has all been unfolding. The National Post had a longread that was the first to interview Norman and his family about the ordeal, but in the process, in focusing on making Norman a martyr to his cause, I’m not sure that they did him any favours because it did seem to make it look like he did what he was accused of doing – this, while everyone kept tweeting about how enraging this story was on Norman’s behalf.

There were other threads – General Jonathan Vance, the Chief of Defence Staff, gave a somewhat exasperated sounding interview to state that the decision to suspend Norman was his and his alone, while the Globe and Mail reported that it was the former National Security advisor to the prime minister and the former Clerk of the Privy Council – both Harper appointees, it should be noted – that called in the RCMP to investigate the leak after their own internal investigation was inclusive. This blows up the narrative of the Conservatives that it was somehow a personal vendetta to destroy Norman’s career, or that the prime minister was personally directing this – though that narrative is also about trying to match up Trudeau’s stupid misspeaking about the Norman case likely winding up in court before charges were even laid that had them trying to spin a narrative about interference. (The Conservatives, meanwhile, keep hoping that there will be more embarrassing revelations, but they don’t seem to be coming). Likewise, the attempts to insist that the government was orchestrating the withholding of documents hasn’t actually matched up with the realities of the processes involved.

But while the Post story was curious enough, I found this analysis piece by the CBC’s Murray Brewster to have its share of framing problems, in saying that the allocation of responsibility was throwing people under the bus – like Vance (never mind that he admitted it was his decision). Brewster also seems to confuse the arguments that Crown prosecutors were making with those of “senior government officials” framing the prosecution, because I have never read anything about senior officials framing the prosecution – nor have I read anything coming from government or officials framing the allegations against Norman as an issue of civilian control, which is why I always found it odd because that’s at the heart of what was being alleged. Beyond that, Brewster wonders why the Liberals aren’t asking questions of the Conservatives about how they rewrote the rules on that procurement in the first place, or why the former Conservative ministers didn’t speak to the RMCP after the charges were laid, or why Norman would stake his career on this procurement – all questions that I don’t know why the Liberals would ask. They’re a little past holding the Conservatives to account because the Conservatives aren’t in power any longer, and it would seem to me that it would be more the role of journalists asking these kinds of questions of the Conservatives, as opposed to the government – perhaps more than trying to curry sympathy for Norman.

https://twitter.com/btaplatt/status/1128335527785193472

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Roundup: Pausing the birth tourism hysteria

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You probably heard last week about the recent report that incidents of “birth tourism” in Canada are higher than previously reported, owing to collecting data from hospital sources rather than local statistical agencies. Given that this became a flashpoint at the Conservative policy convention a few months ago, it’s probably safe to assume that this will become a topic of debate in Parliament in the coming weeks (though it depends on whether or not Andrew Scheer decides this will be the next issue he decides to chase down a rabbit hole, as is his wont). One does hope, however, that we may have a reasonable debate around this, and while Chris Selley may point to the fact that we may want to do something (that won’t violate human rights and create stateless persons), economist Lindsay Tedds has another view that may also be worth considering, especially if we look at the issue over the longer term.

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Roundup: Immigration concern trolls

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Amidst the other disingenuous, fear-based campaigns going on in the political sphere right now – Statistics Canada, and the carbon price, in particular – the issue of immigration is also threatening to get worse, in part because the simmering issue around irregular border crossers is being conflated with the government’s announcement of new immigration targets. And we need to drill this into people from the start – immigration and asylum are two very different things, and shouldn’t be treated or conflated. We don’t accept refugees because we think they’ll fill out our workforce – we accept them for humanitarian reasons, which is why the expectations that they’ll find work right away is also problematic, as usually they’re traumatized upon arrival. That’s why it’s especially problematic when you have partisan actors like Michelle Rempel standing up in Question Period to decry the new immigration targets as having some form of equivalency with the irregular border crossers – they’re not the same thing, and conflating them is using one to demonize the other. Even more problematic is the kind of concern trolling language that we’re seeing from other conservatives – that they “support immigration” but are concerned about the “confidence in the system.” There is a certain dogwhistle quality to those “concerns” because it implies that the “confidence” in the system is undermined by all of those bad newcomers arriving. It’s subtle, but the signals are still there.

To that end, the government decided to launch a pro-immigration ad campaign, which the Conservatives have immediately derided as an attempt to paper over the irregular border-crosser issue, despite the fact that they’re separate issues, and they’re actively undermining confidence in the immigration system that they claim to support by conflating it with the asylum seekers they’re demonizing. And this cycle of conflation and demonization gets worse when the federal minister pushed back against the Ontario minister’s politicizing of the issue and attempt to blame asylum seekers for the city’s housing crisis (and more importantly pushed back against her claims that “40 percent” of shelter residents are now irregular border crossers and that they used to be 11 percent as being fabricated because the shelter system doesn’t track that kind of data). The Ontario minister responded by calling Hussen a “name-calling bully” (he didn’t call her any names), and on it goes. Would that we have grown-ups running things.

Meanwhile, The Canadian Press’ Baloney Meter™ checks the government’s claim that they’ve reduced irregular border crossings by 70 percent (it was one month’s year-over-year data), and Justin Ling gives an appropriately salty fact-check of the political memes decrying the planned increase in immigration figures.

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Roundup: A (likely) electoral false alarm

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There were a few eyebrows raised in the Parliamentary Precinct yesterday when news came from the Procedure and House Affairs committee that the Chief Electoral Officer said that they intend to be ready for an election by the end of April, never mind that the fixed election date is October, and suddenly there was a renewed (but brief) round of election speculation fever (which was then suffocated by the Kavanagh hearings south of the border). Stéphane Perrault noted that they can basically run an election anytime under the previous contest’s rules, but they need lead time for future changes, which puts a clock on the current bill at committee if they want to have a chance for any of the changes to be implemented by next year’s election – and that assumes fairly swift passage in the Senate, which they may not get (particularly if the Conservatives are determined to slow passage of the bill down in committee as it stands).

Of course, I’m pretty sure that a spring election is not going to happen, simply because Trudeau’s agenda still has too many boxes without checkmarks – which is also why I suspect that we haven’t had a prorogation. And looking at how Trudeau has organised his agenda, so much of it has been backloaded to the final year, with plenty of spillover for him to ask for re-election in order to keep it going. (Things are also delayed, one suspects, because NAFTA talks have derailed things in the PMO, and sucked up much of the talent and brainpower. Suffice to say, I’m not taking any talk about an early election with any seriousness.

Meanwhile, more eyebrows were raised when Conservative MP Michelle Rempel claimed that she was being told to prepare for a fall election, which we’re 99 percent sure is just a new fundraising ploy, for what that’s worth.

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Roundup: Negotiations and narratives

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It was another day of NAFTA developments, or rather the hints thereof, since Chrystia Freeland repeatedly said that they weren’t going to negotiate in public – just that they were making progress, and that they would go all night if they had to. Justin Trudeau said that they could reach a deal by Friday, but kept insisting that Supply Management would not be given up, and on the campaign trail in Quebec, Premier Philippe Couillard warned of “serious political consequences” if it was touched. Trudeau, meanwhile, will have a call with all of the premiers today in order to discuss what’s going down with the deal, so it may actually be getting close. Maybe. Of course, the Friday deadline appears to be more bluster, so we’ll see how it all plays out.

Meanwhile, closer to home, the Conservatives have tried to ramp up their narrative, and are insisting that all of the talk about the Canadians having been “sidelined” in NAFTA talks, and that we were now cornered into accepting a bad deal was indicative that Trudeau had “failed” – somehow, based on no information on mostly Trump talking points that don’t match reality.

You’ll notice a couple of things – one is that the “Trudeau” + “failed” in every tweet is part of their overall ham-fisted narrative-building strategy, and I’d imagine that every time they deploy it, campaign director Hamish Marshall gives them a cookie. Scheer is also going to town on this line from his convention speech about needing to be the “grown-ups in charge” again, which is tough to swallow given how little foreign policy depth their bench actually has, or even had in the previous government. And while there is room for the opposition to critique a government’s performance and holding them to account, coming up with false narratives, snide commentary, and shitposts in the middle of trade negotiations don’t exactly scream “grown-ups in charge.” And speaking of false narratives, the data show that the Conservative doomsaying about investment fleeing the Canadian economy isn’t holding water. Shocking, I know.

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Roundup: A sudden focus on birth tourism

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So that was the Conservative policy convention. There wasn’t a lot of drama, post-Bernier, and most of the reactionary and social conservative policy resolutions got voted down in the end, including those related to abortion. What did wind up being contentious was a resolution around stopping automatic birth citizenship, which was supposedly aimed at stopping “birth tourism” but would have the alternate effect of creating stateless individuals, which is contrary to international law. Mind you, the Liberals didn’t help any when they started talking about how this meant revoking existing citizenships (which it wasn’t), and then certain Conservative partisans started complaining that this was being unfairly cast as xenophobic (I’m not sure that’s really an unfair assessment), but there you have it. Incidentally, MP Deepak Obhrai came out against this. There was a bit of other drama when opponents of supply management stole the briefing binder for dairy lobbyists and found proof therein that regardless of what was decided, Scheer would use his prerogative as leader to ensure the policy was untouched. When this hit social media, his people insisted that no, that’s erroneous information, they had it wrong, but remember that leaders’ prerogative is pretty much how every party operates since we’ve started privileging leadership over the grassroots, but people seem to keep forgetting that.

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Here’s a sit-down interview with Scheer to get his thoughts on policy positions that the convention was debating over the weekend, and another where he refuses to say if the Bernier split worries him. Scheer does complain that it’s hard for ordinary people to learn his name because he’s not suave and photogenic like Trudeau (never mind that a lot of what people in other countries remark about Trudeau is regarding his stances and policies, not just his looks). That said, it’s his party now, and it remains to be seen what his mark will inevitably be on it.

Meanwhile, the first poll about how people would vote with a theoretical Bernier-led party in the mix is out, and it would take enough votes away from the Conservatives and NDP to give the Liberals a bigger margin of victory. But remember, it’s early days and it’s pretty much the equivalent of putting “a pony” as the choice in the polls and people will immediately respond to it based on what they’re projecting rather than the reality, but that’s not unexpected.

Good reads:

  • Trilateral NAFTA might resume this week, but without Chrystia Freeland as she is on a diplomatic tour in Europe until Friday.
  • There are concerns that Shared Service Canada is gearing its procurements to favour multi-nationals over home-grown companies for contracts.
  • Families of fallen soldiers want public access to the rebuilt Afghanistan war cenotaph.
  • CRA’s tax evasion tip line netted some 32,000 leads last year.
  • Kevin Carmichael doesn’t think that there will be another interest rate hike in September.
  • Susan Delacourt sees problems with the conservative coalition that Andrew Scheer should be cementing at this point in his leadership.

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