Tag Archives: Donald Trump

Roundup: A badly needed review

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The Criminal Code is a mess. The government knows it, and the judicial system knows it, but the question is whether anyone has the guts to do anything about it – particularly because it’s been a particularly easy target to do one-off laws without worrying about the broader consequences. The number of private members’ bills dealing with singular tweaks to the Criminal Code are innumerable, because it’s seen as something that individual MPs can use to take a stand on some issue or another while at the same time considering it to be something that won’t impose a cost on the government as no dedicated spending must be attached to it that would otherwise require a Royal Recommendation. (This is wrong – there are tremendous costs attached to it, but it’s a loophole in the rules that there is no appetite to plug either). And when governments want to increase sentencing to look tough on an issue, they pass new laws to “crack down,” to the point where there is no semblance of a logical sentencing grid any longer. I remember sitting in on a Senate legal and constitutional affairs committee meeting during the Harper years when they were passing another marijuana bill and the Liberal senators were expressing frustration that things were such a mess that these new pot offences were giving more jail time than some child sex offences.

The government’s recent move to repeal some archaic laws around gay sex (including an unequal age of consent) is an example of one place where the government is doing something about a “zombie law” – one that has been struck down by the courts, but remains on the books because Parliament has yet to take the time to actually repeal it. (This was another case were the Conservatives outright refused to when given the opportunity when they were raising the age of consent for hetero teens). But there are plenty of zombie laws still sitting on the books and nothing is being done about them. The CBC has a look here at some of those laws, and expert urging to deal with them – particularly given that murder trial in Edmonton where the judge accidentally handed down a verdict that was predicated on a “zombie” law and he had to go back and give a lesser verdict after the fact to correct the mistake. Clearly this is a problem, but the government isn’t promising much action beyond vague assurances that these sorts of things will be part of their broader criminal justice review – the same review that will be looking at doing away with a number of mandatory minimum sentences. But this is something that they really do need to get cracking on, not only dealing with “zombie” laws, but also sentencing reform so that there is a coherent sentencing grid once again. Part of the problem, however, is that the justice minister and her office are moving at a glacial pace. Everything they’ve been doing, from judicial appointments to moving on certain bills, is taking far longer than it reasonably should, and that’s concerning especially when this criminal justice review is so badly needed. Let’s hope we hear more about it sooner rather than later.

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Roundup: Pushing more policy to the courts

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There’s this terrible idea that keeps circling, and here it comes again, which is the idea that we should enshrine environmental rights in the constitution. David Suzuki is going around trying to make this happen once again, concerned that like the coming Trumpocalypse in the States, that one bad election in Canada and any progress we’ve made on environmental laws would be set back. And while this kind of thinking – insulating environmental laws in a more robust constitutional framework – sounds good on its face, its proponents need a good smack upside the head.

Why? Because this is a democracy, and what they are trying to do is take the environment out of the role of the government, and put it in the lap of the courts. No longer should the people decide on an important area like the environment, but instead, we’ll ensure that unelected judges with no accountability are the ones who are now determining policy. Add to that, I’m not sure that the courts have the competency to do be making these kinds of policy determinations, and yes, that is an issue that this proposal doesn’t seem to talk about. It’s disturbing that Suzuki and his ilk are trying to diminish the role of democracy in favour of a more technocratic approach to government, no matter how much importance one places on environmental policy. We have a system of government which is supposed to hold the government of the day to account, and usually it’s pretty successful. It held the Conservatives to account after they abused the public trust on things like the environment file, and were duly punished for it at the ballot box, and when you look at recent elections like that in the Yukon where the environment was apparently an issue, the party that was more reluctant to take action was punished for it. You don’t need to yet again turn everything over to the courts in order to take action – just mobilize enough popular support to the cause. It can and does happen, but to simply suggest that politics has failed and the courts should handle it is the kind of thinking that makes me really, really uncomfortable because of where it leads.

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QP: The coming Trumpocalypse

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With Justin Trudeau and much of the cabinet off at an investor summit in Toronto, the front bench was full of seat warmers, but there were still 17 ministers present, which is okay for a Monday. Rona Ambrose led off, warning that the new Trump era will mean a carbon tax sets Canada up for failure. Dominic LeBlanc responded, saying they were looking to transition to a low-carbon future, and that the government looked forward to working with the new administration. Ambrose warned that while the Americans are our closest allies, they’re also our biggest competitors. LeBlanc noted the COP22 conference taking place right now, and that pricing pollution was good for our economy. Ambrose wondered about the future of the Keystone XL pipeline, at which LeBlanc said that it was the company that needed to reapply for a US permit, not the Canadian government. Ambrose demanded public support for the pipeline,  but LeBlanc stuck to fairly anodyne talking points about working with the incoming administration. Ambrose then moved onto NAFTA and the uncertainty the PM created by saying he would renegotiate it. Stéphane Dion said they looked forward to working with the US administration on a number of issues, including trade. While Thomas Mulcair was present, it was actually Jenny Kwan who led off for the NDP, demanding that mothers not be punished with CPP benefits changes. Jean-Yves Duclos said that the CPP changes were important, and that he was glad to see that they had other points of view to further improve the CPP. Brigitte Sansoucy asked the same in French, got the same answer, before Tracey Ramsay asked about the TPP, softwood lumber, and NAFTA renegotiation. Dion said that they were still consulting on the TPP, and when Karine Trudel asked the same in French, she got the same answer.

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Roundup: Pushing back against Leitch

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In the wake of Wednesday’s Conservative leadership “debate” – and I use the term loosely because there was no actual debate, just presentations sans Power Point – the wedge that Kellie Leitch has been nursing in her campaign became all the more stark. While Michael Chong may have been first out of the gate with his condemnation, Deepak Obhrai has used it to crank his campaign up a notch yesterday, with both an appeal for support in order to oppose Leitch specifically, and also told tales about messages he’s received from Leitch supporters telling him to leave the country.

At one point during the presentations on Wednesday, Leitch held up a book Points of Entry from sociologist Victor Satzewich to justify her screening proposals. The problem? That Satzewich’s conclusions in the book were the opposite of hers, that the system was working, that demanding more face-to-face interviews for all visa applications would make the system grind to a halt, and that while he went into the research sceptical, his research convinced him that things were better than he had initially surmised. So that’s kind of embarrassing for Leitch (or would be if she had any demonstrated capacity for shame, which I’m not convinced is the case).

Meanwhile Leitch, whose other Trumpian note has been to rail against “elites” – as though she were not the epitome of one – has been holding fundraisers in Toronto with Bay Street lawyers for $500 a pop. You know, more of those elites which she’s totally not one of. Also, if she’s so convinced that she’s going to be Prime Minister by 2019, isn’t this some kind of ethical conflict for her to be holding these kinds of cash-for-access fundraisers?

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Roundup: The ricochet into Canada

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I had idly wondered how long the Trump victory in the United States would take to start showing ricochets in Canada, and apparently it was minutes, as in the middle of the night, Kellie Leitch’s campaign was already putting out fundraising emails drawing comparisons, particularly around their mutual bashing of “elites.” Because Leitch, you see, apparently isn’t an elite, never mind the fact that she’s a paediatric orthopaedic surgeon in Muskoka, a university professor, and former cabinet minister whose was the protégé of the finance minister. No sir, nothing elite about that, because she had to compete with the “biggest old boys’ club” out there, being surgeons, so there. Um, okay. (Incidentally, Leitch previously didn’t want to be compared to Trump, which she kept vacillating over during last night’s leadership debate). And that elite-bashing was quickly picked up by bother other leadership candidates, and others in the party like Tony Clement (who apparently also doesn’t think he’s an elite, despite all evidence to the contrary).

Michael Chong, however, rejected Leitch’s move as being antithetical to the “big tent” Conservative movement that the party is trying to become. Chris Alexander also sounded a cautious note, for what it’s worth, but Lisa Raitt’s tone is less decisive.

Michelle Rempel, however, seems cognisant enough about the trap of demagoguery when it comes to dealing with difficult issues and cautions against importing that ethos to Canada. Rempel also relayed some of her experiences of what she saw during her recent visit to the States, and the alarming levels of discontent among the populace.

Meanwhile, here’s Justin Trudeau’s statement on working together with a Trump presidency. Thomas Mulcair, on the other hand, wants Trudeau to call out Trump. And over in the UK, Jeremy Corbyn is taking on that message of public anger about the “governing elite” and trying to make hay of it, so no, this kind of rhetoric is not endemic to the right.

In terms of fallout, we hear from prominent Canadian women like Kim Campbell, Elizabeth May and Michelle Rempel. Shannon Proudfoot writes about how brutally appropriate the end of the campaign ended up being. Bob Fife notes how the Trudeau PMO has had to scramble to adjust to this new reality. Robyn Urback looks at how the Democrats bungled the election, while the Guardian features a column about how liberals helped Trump’s victory. Anne Kingston writes about Trump winning his war against the media. Paul Wells writes about next steps for Trudeau, while Chantal Hébert wonders how much of Trudeau’s agenda is affected by this change, particularly in areas like climate change, or foreign policy (per John Geddes). Both Paul McLeod and Susan Delacourt saw similarities in the way Trump and Trudeau ran their campaigns. Here’s a look at how pundits and pollsters got things wrong, and Andrew Coyne writes a particularly poignant piece about how Trump’s ability to throw out the rules has vindicated some of the worst elements and impulses, and worries what this signals going forward.

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Roundup: An unexpected reversal

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So, after the somewhat unexpected reversal of last night, I looked back to something from the past few days to help explain this bit of insanity that we’ve all witnessed. Michelle Rempel heard this from Republican officials late last week when she asked them how this all happened:

Here’s a look at what a Trump presidency is going to mean for Canada:

As the numbers tightened, we saw this going around:

https://twitter.com/kfile/status/796206974652321794

Meanwhile, a reminder about the underlying attitudes:

https://twitter.com/james_j_gordon/status/796200489918623745

I’m going to wait before I can have much else to say about the power of nativism, and this “drain the swamp” ethos that has taken over so much of the rhetoric in the campaign, and the part that civic ignorance feeds into the politics of resentment that in turn fuels this kind of thing. But wow.

I will say how glad I am once again to live in Canada, with a constitutional monarchy and a system of Responsible Government, with a Supreme Court that isn’t partisan, and with a neutral civil service. Because we’re probably going to be reminded about how important that is in the next few years.

Good reads:

  • Justin Trudeau will be stopping in Cuba and Argentina on the way to the APEC meeting in Peru, and everyone is recalling his father’s frienship with the Castros.
  • The government has named a five-person panel to make recommendations regarding overhauling the National Energy Board.
  • Here’s a look at the latest round of Order Paper questions, with questions on alcohol on government flights, classified documents and ministerial swag.
  • Here is your look at ministerial expense repayments for various and sundry reasons.
  • The Victims of Communism memorial is now up for a new design from five different bidders, to go with its new location. The original design is out of the running.
  • Correctional Investigator Howard Sapers is leaving the job and will be leading a review of segregation in Ontario prisons.
  • Conservative MP (and former sportscaster) Kevin Waugh thinks that female athletes are treated better than their male counterparts, and is being criticised for it.
  • The first Conservative leadership debate is tonight.
  • The premier of PEI is (rightfully) expressing some scepticism over the province’s electoral reform plebiscite results, and reformers are howling as a result.
  • My Loonie Politics column looks at whether the instances of Liberal backbenchers voting against the government are really signs of independence showing.

Odds and ends:

The Yukon Liberals won the territorial election on Monday night, and Trudeau congratulated prospective new premier Sandy Silver.

Both women candidates in the Alberta Progressive Conservative leadership race have dropped out citing harassment and intimidation.