The International Commission of Jurists has looked over the dispute between Stephen Harper and Chief Justice Beverley McLachlin around accusations that she was “lobbying” against the appointment of Justice Nadon. The ICJ declared that McLachlin did nothing wrong – and that Harper owes her an apology. In response, the PMO responded that they saw the response and “noted it.” At least it wasn’t yet another angry denunciation of “activist” judges protecting their own, or some other nonsense. Meanwhile, the Canadian Bar Association has responded to all of those Conservative MPs whinging that the courts are doing an “end run around democracy” by reminding them that the courts are an essential part of our democratic system, ensuring that rights are respected and that laws are applied properly. Not that it will soothe the sting being felt by sore losers, which is really what those complaints are all about.
Tag Archives: Fiscal Austerity
Roundup: Goguen makes everything worse
The first of the witnesses with the prostitution bill appeared before the Commons justice committee in its special summer session yesterday, starting with Peter MacKay, who admitted that they got no outside legal advice as to the bill’s constitutionality, and everything has a chance of being sent before the Supreme Court, so he’s just shrugging it all off. Um, okay. Way to go doing the responsible thing in crafting sound laws that will pass constitutional muster, and all of that, guys. Well done. As for MacKay’s assertion that yes, the intent is to criminalize prostitution, the bill pretty much goes about doing that in the most backward and arbitrary way possible rather than just outright criminalizing it, thus setting it up for yet another defeat by the Supreme Court. Oh, but don’t forget – we’re on a deadline of mid-December, so MPs need to hurry it up. And amidst all of the other testimony around the bill, both for and against, Robert Goguen, the parliamentary secretary, decided to be clever at one point and ask one of the government-friendly witnesses, who had been trafficked into prostitution from Hungary, whether the police bursting in while she was being gang-raped would violate her freedom of expression, since someone said that the bill contravenes that Charter right. And then the nation’s collective heads exploded. Apparently Goguen confuses prostitution with rape (it’s not), trafficking with prostitution (they are not the same and trafficking remains illegal), and because sections around communication and advertising have anything to do with the illegality of rape? It’s so stunningly brain dead that it defies logic how he possibly thought he could have been scoring any points with it. Manitoba’s Attorney General thinks that the Nordic Model is great, but the current bill has problems and he doesn’t want to see any sex workers criminalised, not that criminalising their clients actually makes them any safer since it drives them underground regardless.
Roundup: Four by-elections today
It’s by-election day in four ridings across the country – two in Alberta and two in Toronto. Despite the usual lazy story ledes about how this is somehow yet another “test” for Trudeau, it would seem to me that this is more of a test for Mulcair with the two Toronto ridings, as to whether or not he can hold the one seat he had there or make gains with the other, while in Alberta, it’ll be a test as to how much Harper can retain his own base – something he has had trouble with in the past few by-elections, whether in Calgary Centre or Brandon–Souris, where significant leads were lost and their wins were narrow and marginal compared to resurgent Liberals who had not had traction in those regions in decades. And Fort McMurray will be a very interesting race to watch, not only because of the amount of attention that Trudeau in particular paid to the region, but because of the deep unhappiness with the industry there to the changes to the Temporary Foreign Workers programme, which they rely on heavily because of an overheated market with no labour available. That may be the biggest upset if they decide to punish Harper at the ballot box. All of which is a far more interesting lede than whether the Liberals are being “tested” once more.
Roundup: Clarity for First Nations titles
The Supreme Court has given a unanimous ruling granting a title claim to the Tsilhqot’in First Nation in BC, over a large area of land in the south central part of the province, ending a 25-year court battle over forestry claims and a 150-year dispute between that First Nation and the Crown. Because most of BC’s First Nations don’t have treaties yet with the government, this ruling impacts them in particular, and will make sure that the government has a greater role to play in fulfilling its consultative duties to First Nations as more resource and pipeline projects come up. The ruling also declares that provincial governments have regulatory authority over land obtained by First Nations people through court cases or land claim negotiations. While the ruling has been said to give clarity to negotiations, it also raises the possibility that some First Nations will abandon their negotiations with the government in favour of turning to the courts to establish title or land claims, which should be a red flag seeing as treaty negotiation is a Crown prerogative, and we should be careful about delegating it to the courts. Terry Glavin gives the backstory to the whole dispute dating back to 1864 here.
Roundup: Different lessons before the by-election
Not that Parliament has risen for the summer, the leaders can begin their summer tours in earnest, without having to take those inconvenient breaks to show up for the odd Question Period or a vote here or there. Because you know, they’re meeting with “real Canadians” as opposed to doing their actual jobs. And with by-elections happening a week away, both Trudeau and Mulcair are in Toronto today to campaign there, both of them drawing different lessons from the Ontario election, while the people who study these sorts of things aren’t necessarily sure that voters are committed to the same parties provincially and federally, and that they may be making a different calculation electorally.
QP: It’s up to the proponent
The final caucus day of the sitting, and Rib Fest taking place a block away, MPs were itching to head back to their ridings. All of the major leaders were in the Chamber today for a second day in a row (amazing!) while Elizabeth May was absent for a change, off campaigning in Toronto for the forthcoming by-elections. Thomas Mulcair led off, wondering where all those Conservatives were to tout the Northern Gateway after three years of doing so previously. Stephen Harper said that the NDP were opposed to all resource development, considered it a “disease,” and it was up to Enbridge to fulfil the 209 conditions imposed by the NEB. Mulcair said that BC Conservative MPs were “in the witness programme” about the pipeline, while Harper shot back that Mulcair himself was in the programme when it came to answering for their improper mailings and satellite offices. Mulcair insisted that with the removal of Navigable Waters Act protections, the deck was stacked in favour of the pipeline, to which Harper reminded him of the 180 days of hearing and thousands of pages of evidence, and that there were 209 conditions. Mulcair brought up Enbridge’s record in the US, Harper returning to the scientific panel, and when Mulcair declared that Harper could not “subcontract the Honour of the Crown” to Enbridge with consulting First Nations, Harper listed the number of hearings they held with First Nations groups as part of the regulatory process. Justin Trudeau brought up that the BC government still opposes the pipeline, and wondered why the Prime Minister still said yes. Harper repeated that it was up to the proponent to meet their conditions. Trudeau brought up the government’s previous statements about the importance of the integrity of the Great Bear rainforest, but Harper reiterated about the scientific process of the regulator. Trudeau asked one last time to reverse the approval, but Harper kept repeating about the 209 conditions, and concluded that the Liberals don’t practice evidence-based decision making.
QP: Unhappiness with the proposed privacy commissioner
Thursday, and not a single major party leader was to be seen in the House — Harper off at the Maternal and Child Health summit in Toronto (where his press minions were kicking reporters out of the various sessions), Thomas Mulcair on tour in Saskatchewan, and Justin Trudeau off campaigning in Trinity—Spadina. Way to show respect for Parliament, everyone! That left Megan Leslie to lead off, brining up the nomination of Daniel Therrien as the new Privacy Commissioner, saying that the author of that legislation shouldn’t then be called upon to critique it. Dan Albas responded, saying that Therrien had a strong record of experience, and that he was identified as the best candidate after a rigorous process. There was a second round of the same, before Leslie turned to the lack of follow-through on maternal and child health goals and the need for reproductive options being made available. Deepak Obhrai praised the initiative for saving lives and decreasing maternal death rates. Nycole Turmel asked the same in French, naming the UN Reproductive Initiative as one of the organizations that the government refuses to fund, to which Obhrai repeated his answer. David McGuinty led for the Liberals, decried the loss of a full construction season due to the poor outlay of the Building Canada Fund. Denis Lebel accused him of misleading the House, and said that six billion dollars of infrastructure funding was flowing. Judy Sgro asked the same and got the same answer, Ralph Goodale quoted figures about how it was affecting municipalities, not that Lebel was swayed, calling the information “false.”
QP: Fears of anti-choice lobbyists
Despite it being a Wednesday and caucus day, only Thomas Mulcair anchored the chamber. Harper was off in Toronto to host his summit on Maternal and Child Health, and Justin Trudeau off in Quebec City to meet the new premier. Mulcair began by asking about the refusal to fund safe abortions as part of the Maternal and Child Health initiative. John Baird responded that they have done a lot of work on maternal and child health, and got a number of other countries on board. Mulcair noted that they refused to fund the UN Population Fund as part of the initiative because of pressure from anti-choice lobbyists. Deepak Obhrai touted the 1.3 million children’s lives saved by their Initiative. Mulcair changed topics and asked about the Temporary Foreign Workers programme not helping unemployed Canadians. Jason Kenney insisted that they employers had an obligation to seek Canadian employees first. Mulcair insisted that posting jobs for TFWs at minimum wage distorted the free market, eliciting roars from the Conservative benches. Kenney noted that those minimum wage rates were largely in the seasonal agricultural sector and that the prevailing median wage was posted for other jobs. Mulcair again changed topics, and noted the objections of Ontario’s Privacy Commissioner to the lawful access provisions of the cyberbullying bill. Peter MacKay insisted that the bill would protect children and the parents of victims of cyberbullying insisted that they pass the bill — not actually true. John McCallum led off for the Liberals asking about the TFW blacklist, to which Kenney insisted that those employers were no longer eligible to get new workers, and Chris Alexander followed up by claiming they were “cleaning up the Liberal mess.” McCallum found that hilarious and an evasion of responsibility, but Alexander insisted that they were indifferent to abuse and that they brought over exotic dancers “by the hundreds and thousands” with no corner for their welfare.
QP: A disputed apology
After Thomas Mulcair’s testy and evasive appearance at committee, he was in the House, ready for another round — and Justin Trudeau was also in attendance, which is now rare for a Thursday. Mulcair began by bringing up the centennial anniversary of the Komogata Maru incident and wondered why there had not been an official apology. Tim Uppal asserted that there had been an apology, and that they funded a monument in a Vancouver and they released a stamp. Mulcair switched topics and asked if the minister of Justice was aware of the advice that Justice Nadon resign from the Federal Court and rejoin the Quebec bar. Robert Goguen responded about the advice they received. Mulcair wondered if they would try the tactic with another Federal Court judge, to which Goguen insisted that they would respect the Supreme Court ruling. Mulcair switched topics again and brought up the cuts to refugee healthcare, for which Chris Alexander insisted that genuine, approved refugees would still get covered, but not those who are not approved — and he took a swipe at the Wynne government in Ontario while he was at it. Mulcair gave it another go in French, and got much the same answer. Justin Trudeau led for the Liberals and asked what problems the government thought were present in the Temporary Foreign Workers programme and what their solutions were. Jason Kenney didn’t really answer, but instead took swipes at Trudeau and the Liberals. Trudeau asked about the pathways to citizenship proposals, to which Chris Alexander touted their record on immigration. Trudeau asked his first question again in French, to which Kenney gave vague assurances before returning to his swipes.
QP: We’re taking action without a commission
Somewhat amazing for a Monday in this session, there actually was a major leader in the House. Almost unbelievable, I know. Thomas Mulcair led off by asking about the UN special rapporteur on indigenous people’s report on Canada’s Aboriginals, and demanded a public inquiry on missing and murdered Aboriginal women. Peter MacKay responded and touted all of the measures they’ve taken like renewing funding for the Aboriginal justice strategy. Mulcair moved on, and demanded powers to compel testimony for the Elections Commissioner, citing that the Conservative party lawyer gave false information to Elections Canada. Pierre Poilievre insisted that his party was cleared of any wrongdoing, and a second round of those questions — which was more party business than government business — got a similar response. Mulcair then moved on to a small business hiring tax credit, to which Joe Oliver read some good news talking points about job creation. Mulcair noted that unemployment was higher in Toronto than the national average, and decried temporary foreign workers. Jason Kenney insisted that they were cracking down on those who abused the programme. John McCallum was up for the Liberals, and thrice denounced the problems with the government’s Job Bank, and Kenney defended the system, calling it a useful platform.