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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