Roundup: Pushing more policy to the courts

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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Roundup: No need for a turf war

The possibility of committee allocations in the Senate turning into a turf war is something that I’m not sure is an imminent issue, but Kady O’Malley nevertheless faithfully explores in her weekend column, including some potential procedural manoeuvres that Senator Peter Harder could attempt to employ to force the modernization committee report to come to fruition as government business (which it currently is not), but as is not unexpected, she got some pushback from Senator Leo Housakos.

Just to add my own two cents, I have indeed heard some concerns from both the Conservatives and Senate Liberals that the Non-Aligned Senators have not yet been able to fill their committee spots, which may also have been why Senator Peter Harder has been organizing to “help” the new independent senators out, essentially big footing the efforts of the Independent Senators Group, but one has to add that they’re building their own processes and organization from scratch.

So we’ll see. I still think that the newly appointed 21 senators shouldn’t be in any hurry to get committee spots, but take the time to get adjusted to their new environment as the committees are currently operating okay and we aren’t seeing a lot of cases where senators are doing triple duty just to keep committees filled (as was the case with the Conservatives pre-2008, when Harper was obstinately refusing to fill seats the first time around). And as I’ve said previously, they can spend some time participating in committees as they have the right to now – they just can’t be voting members, which is probably just as well in terms of getting them acquainted to the place. So everyone should relax because there is no actual crisis.

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Roundup: The fiscal update’s hidden gem

The fall fiscal update was delivered yesterday – in the House of Commons, it must be noted – and not unsurprisingly there are deeper deficits projected while the government pledges funds to kickstart an infrastructure bank in the hopes of attracting foreign investment. Oh, and “no path back to balance” is the phrase you’re going to hear an awful lot in the coming weeks. Probably ad nauseum. Oh, and “privatization,” as the NDP now consider the infrastructure banks (because hey, we might have to start paying for the roads and bridges that this bank might fund and we couldn’t have that). That having been said, the debt-to-GDP ratio will be the government’s saving grace when it comes to the size of the deficit, as it should remain relatively stable, while still coming in at the lowest in the G7 by a significant margin. So there’s that.

This all having been said, there were other elements in the update that bear mentioning, and which should not be overlooked, which are some of the changes to the way that Parliament operates. They’re going to make the Parliamentary Budget Officer a full Officer of Parliament (which I have mixed feelings about because this solidifies his status as an unaccountable officer for MPs to fob their homework off onto while hiding behind his analyses as “objective proof” of their partisan accusation), they’re adding new independence to Statistics Canada, and they’re going to open up the Board of Internal Economy. But more important than any of that is they’re going to do something about the Estimates cycle.

Why does this matter? Because MPs are supposed to hold the government to account by controlling the public purse, but over succeeding decades, the ways in which they do that – the Estimates and supply cycle – have become so corrupted that they no longer follow the budget cycle, their accounting methods no longer match the Public Accounts so that they can’t track spending, and in many cases, MPs just vote on the Estimates in a series of votes with zero scrutiny (leaving that job up to the Senate – naturally). So if this government is promising to put the Estimates and Budget cycle back in sync, and to clean up the discrepancies between the Estimates and the Public Accounts, that is a Very Big Deal. It means that it will let MPs do their jobs like they’re supposed to do. (We’ll see if any of them do, especially with an empowered PBO for them to fob that homework off onto, but this will certainly help him too). It’s restoring some of the proper functioning of our parliamentary democracy, and we shouldn’t ignore it.

https://twitter.com/mikepmoffatt/status/793611413419880448

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QP: In advance of the fiscal update

Just before the fall fiscal update was to be delivered – in the Commons for the first time in a decade, mind you – Justin Trudeau was elsewhere, despite all other leaders being present. Rona Ambrose led off, raising the forthcoming fiscal update and wondering why the government was doubling down on its failed plan. Bill Morneau said that he was looking forward to talking about the long-term impact of their measures. Ambrose noted that the infrastructure plan only got one project going, but Amarjit Sohi disputed that characterization and praised the agreements with the provinces. Ambrose decried tax increases, and Morneau retorted with the tax cuts they put through in the last year plus the implementation of the Canada Child Benefit. Ambrose then tried to equate Trudeau’s cabinet with Kathleen Wynne’s staffers facing provincial charges as a segue to fundraising issues, and Bardish Chagger read her standard response about the federal rules. Ambrose changed to French and raised the Chrétien-era staffer who was found guilty for Sponsorship-scandal related fraud charges, and Chagger simply repeated her response in French. Thomas Mulcair was up next, asking about police surveillance of a journalist in Quebec. Ralph Goodale responded about the gravity of the situation and the values of freedom of the press, which is spelled out in a ministerial directive. Mulcair pressed, and Goodale spelled out the Supreme Court five-part test. Mulcair moved onto fundraising, and Chagger repeated her standard response. Another round of the same got no different answer.

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Roundup: No, it’s not cash-for-access

This latest round of pearl-clutching over political fundraising is reaching its fever pitch in a most tiresome way possible, and I’m losing all patience with it. Determined to try and label it “cash-for-access” in order to tie the story in with the gross lack of fundraising rules that existed in Ontario, and the very dubious practices of the government there of having ministers essentially asking for donations from companies lobbying them, what’s going on at the federal level is nothing like that at all. However, bored journalists are drawing lines on between people who are attending or organizing fundraisers and lobbying activities, despite everything being reported and above board, are going “Look! Look! Smell test!” But I’m having a really, really hard time buying this. Likewise with opposition parties going “Sure, it’s in the rules, but Trudeau’s letters said that nobody should have the appearance of conflict of interest and this has the appearance!” No, it actually doesn’t. Just because you say it does, it doesn’t mean that there’s a problem.

I’m trying very hard not to come off as some kind of an apologist, but for the love of all the gods on Olympus, we have a really, really clean fundraising system with clear rules, and it shouldn’t bear repeating (and yet here we are) that you can’t buy influence for $1500. You just can’t. Sure, you might get to meet a minister, but what is that going to get you? You think they’re going to engineer a special loophole in the law for your company because you donated $1500 to their party – registered through Elections Canada, and the lobbying registry? Honestly? And it’s not like there aren’t a hundred other consultations that you could offer your suggestions to a minster or their staff with, because as we know, this government loves to consult. And further to that, are we actively trying to insist that no minister should ever fundraise because, well, “smell test” or “appearance.” Give me a break.

Meanwhile, we get inundated with everyone giving their “solution” to this, whether it’s returning the per-vote subsidy as Susan Delacourt suggests here, or if it’s Duff Conacher howling in the corner that we should adopt the Quebec donor limits of $100 (ignoring that limits that are too low means that money starts getting funnelled in other ways). But maybe, just maybe, we should all take a deep breath and realise that the more we get hysterical about this perfectly above-board fundraising in a clean and quite transparent system, it’s that we’re turning it into some zero-sum game. If we keep inventing scandal, shouting “smell test!” and “appearance!” when no, a reasonable and rational look at the situation shows that there isn’t actually a problem, we’re going to wind up giving excuses for parties to start hiding these activities. To paraphrase Rick Anderson on last night’s Power & Politics, there’s only a perception problem around this fundraising because people are throwing mud. It’s time to stop throwing mud and be grown-ups about it. This isn’t cash-for-access. $1500 is not buying influence. Stop lighting your hair on fire.

https://twitter.com/jec79/status/791117661476388866

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QP: Demanding a firm commitment on Yazidis

All leaders, permanent or interim, were present for QP today, and it feels like a while since that has been the case. Rona Ambrose led off, mini-lectern on desk, demanding to know how many Yazidi refugees the government would bring to Canada in the next 120 days. Trudeau thanked her for her leadership on the file, and committed to doing so, but didn’t provide a number. Ambrose asked about the call for Chancellor Merkel in Germany to create security zones in Iraq, and Trudeau committed to more aid for refugees. Ambrose moved onto CETA, and demanded Trudeau get on a plane and do anything necessary to get the deal signed. Trudeau reminded her that they already made progress on getting ISDS, and he expected good news in the coming days. Ambrose changed topics again, raised the Medicine Hat by-election as a pronouncement on the carbon tax schemes, and Trudeau promised more visits to Alberta. Ambrose then moved again, this time onto “cash-for-access” fundraisers, and Trudeau reminded her that the low personal limits in Canada ensured that there were no ethical problems. Thomas Mulcair was up next, and tried to go after the same issue, and Trudeau reminded him that looking south of the border, our system was well above and repeated that the low limits meant there were no ethical issues. Mulcair tried again in French, got the same answer, and then moved onto the situation at Muskrat Falls and the health of those Aboriginals who rely on fishing in the area. Trudeau reminded him that the provinces were working on the issue, and he trusted them, and they went one more round in English.

https://twitter.com/aaronwherry/status/790982900221091841

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Roundup: Counter-radicalism and reality checks

In the wake of the Aaron Driver near-miss last week, public safety minister Ralph Goodale is set to announce that the government is moving ahead with a counter-radicalization programme, but it looks like the details are still a little ways out. That said, Goodale has been pretty frank that our current counter-radicalisation programmes have little coherence and that’s what he aims to fix over the course of this year. And while we get the musings about what kind of leader Trudeau will be in the face of terrorism, we get his former foreign policy advisor Roland Paris reminding us of what he has done to date (which is not nothing, as his critics have stated). More importantly, however, we need to remind ourselves of the reality of the situation, and for that, I would turn your attention to Stephanie Carvin’s piece in this weekend’s Globe and Mail, which explains why counter-terrorism and counter-radicalism is not as easy as you might think, and provides a good reality check for the kinds of rhetoric out there, and why saying things like “connecting the dots” isn’t actually helpful to any kind of conversation around the subject.

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Roundup: Peace bonds and terror suspects

Everyone seems to want to talk about how the Aaron Driver terrorism incident went down and how it relates to the government’s plans to amend the old C-51 into something that better balances Charter rights, so here is some preliminary analysis from the expert, Craig Forcese, and more analysis that he did with Kent Roach for the Globe and the Post. And yes, the Liberals have reiterated that they plan to amend the legislation, while the NDP continue to demand its repeal (which may be difficult given how it interacts with pre-existing legislation). Meanwhile, here’s an interview with Driver’s father and a professor who studies radicalization – who noted that the isolation of the peace bond may have made that radicalization worse – and a reminder about the realities of terrorism like this in Canada versus Europe.

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Roundup: “Hot lesbian” pinkwashing

By now, you’ve probably heard about that ostensibly pro-oilsands ad that proclaimed that lesbians are hot, and it’s better to use oil from Canada, where they’re considered hot, than from Saudi Arabia, where they would be executed, and it being accompanied by an image taken from Orange is the New Black. And his apology and attempts to walk back from how particularly boneheaded the whole idea was to begin with. (Seriously, his sputtering about what he considers to be “hot” is both hilarious and sad at the same time). As well, the fact that he didn’t use two men to make the same point is entirely because he was conscious that the same message wouldn’t have the same effect on his target audience (because let’s face it, the idea of guys kissing isn’t as titillating to the general public as the idea of two women). What hasn’t been really explored in all of this, however, is this increasing tendency toward pinkwashing, particularly from the political right, as an excuse for xenophobia.

If you’re not familiar with the term pinkwashing, it’s generally used to show how some modicum of LGBT rights is a contrast to the death sentence that can be associated with homosexuality in certain parts of the world, usually as a way of deflecting attention from other problems. A famous example is the way that Israel uses Tel Aviv Pride to deflect criticism of their other human rights problems, and there was a tonne of pinkwashing done in the wake of the Pulse nightclub shooting in Orlando as a pretext to condemning so-called Islamist terrorism (never mind that the same people spouting this pinkwashing ignore their own homophobic records. Who cares if we want to take away their civil rights – we don’t want to execute them, is generally how the argument goes, as though that’s really the choice that the LGBT community wants to be faced with). And this lesbian ad isn’t even the first time that this argument has been used – the Erza Levant brainchild Ethical Oil tried similar arguments a couple of years ago to little avail.

Suffice to say, while the mainstream media did jump all over these ridiculous lesbian ads, the criticisms tended to focus on the surface images of photogenic actresses and the fact that it ignores that there are still problems in this country where the GBLT community is concerned, the fact that there was no discussion about pinkwashing was disappointing, because this increasing tendency (particularly from the alt-right and Trump supporters) to use the queer community as some kind of shield to justify their xenophobia is tiresome and needs to be called out for what it is. These ads provided a good opportunity to do so, but that opportunity was largely squandered.

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Roundup: A milestone Pride

Though he had committed to it long before the shootings in Orlando, there was a particularly importance to the visibility that Canadian political leaders brought to Toronto Pride this year, and for the first time, a sitting Prime Minister marched, alongside an openly lesbian Ontario premier. For the first time, the Conservative party leaders, both federally and provincially marched, along with leadership candidates Maxime Bernier, Kellie Leitch, and Michael Chong (and Lisa Raitt, should she decide to throw her hat into the ring). Absent however was outgoing federal NDP leader Thomas Mulcair, which is unusual considering how the NDP generally pride themselves on being at Pride. And yes, Elizabeth May was there for her tenth year in a row as well. This year, being in the shadow of Orlando, was a reminder that yes, Pride is political, and the actions of Black Lives Matter Toronto added to that politicisation (make of their tactics what you will). That you had the entire political spectrum in Canada represented for the first time was a milestone worth noting.

In a place where a Pride parade really matters, one happened in Steinbach, Manitoba, after much pushback from the local political leaders, in a place where openly gay and lesbian people have literally been run out of town by harassment and bullying. Visibility is important, particularly in these smaller towns where ignorance and fear go hand-in-hand, making the need to be visible all the more important, lest nothing change.

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