Tag Archives: Harassment

Roundup: The perverse state of party leaders

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Amid a bunch of bad puns by headline writers yesterday, seven out of ten Bloc MPs quit caucus because they can’t work with their leader, Martine Ouellet. Her demands that they push sovereignty above all else rankled too many, who felt their jobs as MPs were to represent Quebec’s interests in Ottawa boiled over, and they left to sit as a quasi-independent caucus (insisting that they still, deep down, belong to the Bloc) for the time being. It’s a move that some recall as being similar to when a number of Alliance MPs walked out of their caucus over dissatisfaction with Stockwell Day’s leadership, and they never really came back until the whole Conservative Party unification happened and Stephen Harper became leader.

This point that Coyne makes is exactly right. If things were running the way they should, someone from caucus would be the leader, and it would be the caucus selecting him or her, not the membership, and it would be the caucus who removes him or her. If Ouellet had an ounce of shame, she’d resign in the face of this revolt (as bad leaders like Alison Redford did once a mere two MLAs went public). But things are not running well. Rheal Fortin, the party’s former interim leader, went on Power Play and yet didn’t say that she should step down which is insane (though Gilles Duceppe did). Parties don’t serve leaders – leaders should serve the party. MPs shouldn’t be drones to serve a popularly elected leader, with all of the initiative of a battle droid. This perverse state of affairs is poisoning our parliamentary democracy, and it should stop. Ouellet should resign and mind her own affairs in the legislature that she already has a seat in, rather than trying to straddle both, and the Bloc should just choose a leader from their own ranks – Fortin was already doing the job, no reason he can’t go back to doing it.

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Roundup: Brown out…again

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After all of that drama, Patrick Brown is out of the leadership race…again. But the speculation around it took over the news cycle for the day. Not that there wasn’t some other news on that front – it was confirmed that the province’s integrity commissioner was investigating Brown for allegedly failing to disclose all of his income sources, and further stories came out about his attempts to bigfoot two particular nomination races, at least one of which is currently being investigated by police.

But in the end, Brown did withdraw, penning a four-page letter citing his reasons.

https://twitter.com/aradwanski/status/968151020269457408

In the aftermath of it all, Jen Gerson examines Brown’s weakness of character and lack of ability to maintain the confidence of his caucus, which doomed him in the end. And along the way, she also came to the conclusion that Andrew Coyne and I are right about the fact that the way we choose our leaders is broken, and it’s time to get back to caucus selection. David Reevely, meanwhile, recaps all of the various revelations about Brown over the past weeks, and notes the things he’s not disputing that are just as alarming as the things he is.

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Roundup: Getting a second opinion on the dominant narrative

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It was a day full of Canadian pundits pontificating about Indian politics around Justin Trudeau’s trip, whether it’s around his use of traditional garb, the “snubs” by Indian politicians, and then the issue with Jaspal Atwal being invited to that reception. While MP Randeep Sarai has taken responsibility for Atwal’s invitation, the dominant narrative was that someone in PMO had to have known who he was, or that they somehow overrode the kinds of screening that the RCMP or CSIS would have put in place for an event like this. That, of course, got blown out of the water when media actually talked to security sources who said that they had no capacity to vet the 700 or so people invited to this event, so there went that theory. And yes, the Atwal thing is bad, and according to an Indo-American journalist that I spoke to about this, that probably set back Indo-Canadian relations by years, so well done MP Sarai. “Senior government officials” are also now pushing the theory that “rogue elements” in India’s government facilitated this, possibly to embarrass Canada for being “soft” on Sikh separatist extremists, so we’ll see if that compounds any damage.

First of all, if you did not do so yesterday, please take the time to read Kevin Carmichael’s look at the trip, and in particular how pack journalism narratives have formed, but he makes very relevant points about the political dynamics and the regional politics of India that the Canadian media is completely ignoring. My Indo-American friend made a few other observations about the coverage that we’re seeing, which is that he’s not actually being treated poorly over there, and it’s more that certain politicians and business leaders don’t want to be associated with members of the Indian Cabinet, which is controversial in large swaths of Indian society. As for the focus on Trudeau’s wardrobe, most of it is coming from the intellectual, international elite of India, who resent outsiders exoticising India, but the fact that Trudeau is allegedly wearing Indo-Canadian designers will garner plenty of positive reaction. She also added that the inside joke is that Indians outside of India have terrible taste, and are over the top and garish, but it’s also related to their own class stratification. Even tweets coming from verified accounts means that they’re coming from the social elite of India, and that journalism and public intellectualism in India, especially in Delhi, is oriented to socialites. So what Trudeau is doing will play incredibly well with many aspects of the stratified society. As for the Atwal issue, there will likely be competing narratives in India between the bureaucratic incompetence that allowed him into the country in the first place, tempered with “gloating over how a first-world country screwed up.” Regardless, I’m glad I reached out to get a different perspective on how this trip is playing out, because I’m not confident in the image being put forward by the Canadian punditocracy.

Meanwhile, back in the Canadian media sphere, Éric Grenier notes that the trip is likely a defensive action to bolster Liberal support in Indo-Canadian-heavy ridings, especially to counter Jagmeet Singh’s arrival on the political scene. Murad Hemmadi notes that the international press seems to have gotten over its crush on Trudeau, while Paul Wells gives a not wholly underserved whacking at the Liberal government over their handling of this trip (though I do note that many of Wells’ points would handily fall into the groupthink that may not actually reflect what will play on the ground in India).

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Roundup: Gaming the system a second time

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So the Ontario Progressive Conservative Party’s nomination committee has allowed Patrick Brown to run for the leadership contest, despite the fact that he was kicked out of caucus (which also rescinded his nomination as a candidate in his riding), which is going to go super well for everyone involved, be it Brown claiming that he’s been vindicated from the allegations (he hasn’t), or the other candidates who are trying (and failing) to come up with new policy on the fly as they try to distance themselves from Brown’s campaign platform. But what gets me are all of the pundits saying “It’s up for the party members to decide,” which should provide nobody any comfort at all, because the reason the party is in the mess it’s in is because Brown knew how to game the system in order to win the leadership the first time. He has an effective ground game, and can mobilise enough of his “rented” members, likely in more effective distributions (given that this is a weighted, ranked ballot) than other, more urban-centric candidates can. He played the system once, and has all the means necessary to do it again. Saying that it’ll be up to the membership to decide is an invitation to further chaos. This is no longer a political party. It’s an empty vessel waiting for the right charismatic person to lead it to victory, which is a sad indictment. Also, does nobody else see it as a red flag that Brown’s on-again-off-again girlfriend is 16 years his junior and used to be his intern? Dating the intern should be a red flag, should it not? Especially when one of his accusers is a former staffer.

Meanwhile, here’s David Reevely previews the party’s civil war, while Andrew Coyne imagines Brown’s pitch to members as his running as the “unity candidate” in a party split because of him.

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Roundup: The IRB’s crushing backlog

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Some fairly big news out of the Immigration and Refugee Board, which has decided that they will forgo the legislated timetables for hearing cases, and just hear them in the order that they were received. This after they have run out of internal solutions to manage the ballooning caseload of arrivals crossing the border trying to flee the Trumpocalypse to the south of us, while being under-resourced and understaffed because this government has proven itself utterly incapable of making necessary appointments in a timely manner (Supreme Court of Canada excepted), and this is the mess we find ourselves in as a result.

Now, it needs to be reiterated that the IRB has a long history of problems in managing its backlog, and that it’s not just this current government that has been a problem, but the previous one as well, where they took a system that had an optimal number of cases churning through the system (essentially, there was no actual backlog) and threw a spanner in the works by deciding that they needed to reform the appointment process to involve an exam (which critics at the time declared was because they wanted to stuff it with their cronies). The result of this was a sudden backlog of files that they decided to try and tackle by legislating yet more changes to the system including new timelines, but if memory serves, those changes were criticised as not giving most refugee claimants time enough to get all of their documents in order or get a lawyer that they can trust to help them with their cases, particularly because many of these claimants are traumatized when they arrive and distrusting of authority; the end-result of that was going to mean yet more appeals and court challenges, because they also put in systems that tried to limit those as well. I’m not sure ever got that backlog cleared before the current government decided to reform that appointment process yet again, and here we are, broken process and a system struggling under its own weight, and awaiting yet more promised reforms that have yet to materialize. Slow clap to successive governments for continually dropping the ball on this file.

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Roundup: A return to “bold” policy

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The federal NDP had their biannual policy convention over the weekend, and Jagmeet Singh’s leadership was “reaffirmed” when some 90 percent of delegates voted not to have a leadership review. So they’ll keep giving him a chance despite his intransigence in not running for a seat, apparently. And while they got a new party executive, and talked about how they need to do better when it comes to dealing with the harassment allegations in their own ranks that went ignored (particularly around Peter Stoffer), they also decided it was time to return to “bold” policy ideas after a fairly timid electoral platform the last time around. Not so bold, mind you, as to embrace the Leap Manifesto, which went unspoken during the convention despite rumours that it would rear its head once again, but rather, they went for things like universal pharmacare, dental care, and free tuition – you know, things that are the ambit of the provinces. Oh, and re-opening the constitution, as though that’s not going to be any small hurdle. (The free tuition debate, meanwhile, took over Economist Twitter over the weekend because the NDP’s adherents have a hard time understanding how a universal programme actually disproportionately benefits the wealthy rather than applying targeted benefits that would benefit those who are less well-off).

https://twitter.com/inklesspw/status/965304844369125376

Chantal Hébert, meanwhile, finds the same core message of the NDP unchanged despite the changing slogans. There is some disagreement about that.

https://twitter.com/kevinmilligan/status/965588988487610368

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Roundup: Promising a new framework

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The big news yesterday was Justin Trudeau delivering a major policy speech in the House of Commons about creating a new legal framework for the rights of Indigenous peoples in Canada that aims to fully implement the treaties that have not been properly enacted, and that will build toward self-governance by creating the capacity within individual First Nations and other Indigenous communities that will enable them to take up that governance space at their own pace. Trudeau insisted that this would not require constitutional change but would rather put some meat on the bones of Section 35 of the Constitution, and the existing treaties. And yes, criminal justice reform including how juries are selected was also part of the promise (and I’ve heard that we might see new legislation around that in March). Trudeau said that this announcement comes with a new round of consultations, but the aim was to have legislation tabled by the fall, with the framework fully implemented before the next election.

Reaction from Indigenous leaders is cautious so far, because there aren’t a lot of details – and there probably won’t be many until something gets tabled later in the year. The flipside of that, of course, is that there’s room and space for these leaders to give their input during the consultative process that is to come, seeing as Trudeau is promising to work together to develop this framework. There are other questions when it comes to lands and resources, which I’m not sure if this framework itself will cover or if the framework will guide how those issues are to be solved going forward, and that’s also likely going to depend on the cooperation of the provincial governments, but there does seem to be some momentum. That will also depend on Parliament moving this forward, and while the NDP seem to be onboard, the Conservative response to Trudeau’s speech warned about being too ambitious, which should probably be some kind of a warning signal. But it’s early days, and we’ll see how the next few months unfold.

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Roundup: Harder threatens hardball

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A curious development happened in the Senate yesterday, where the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, decided to threaten to play hardball for the first time. Harder moved a motion that would send the marijuana legalisation bill to three different committees by March 1st, with an aim to have them report back to the Chamber by April 19th. The threat? That if they don’t agree, he’ll resort to time allocation (which may be an empty threat if he can’t get the votes to do so). While there are questions as to why the “haste” (though I would hardly call it such), the supposition is that the government wants this passed before summer, despite the fact that there will be an eight-to-twelve-week lag between royal assent and retail sales. Now, one could point out that the Senate rose a week early before Christmas and could have done more of their second reading debate beforehand (along with the other bills on the Order Paper), and maybe they should have been more conscious of the timeline then, but that’s now past.

While I’m not opposed to one-off timeline negotiations, I do find myself concerned by some of the tone of Harder’s release, one line of which reads “Sen. Harder said he is also concerned that opponents may behave in a partisan fashion to delay review of the bill.” Why is this concerning? Because it’s part of his larger plan. After the Speaker ballsed up the procedural motions around the national anthem bill (which saw the motions go through that day rather than the three of four weeks of delays that were anticipated), the Conservatives are angry and threatening to delay legislation, and that in turn is giving Harder the ammunition he needs to push the Independent senators to agitate to change the rules to eliminate the government and opposition roles in the chamber, which is a very bad thing for parliamentary democracy. But the Conservatives can’t help themselves, and keep insisting that they’re just ensuring through examination of the bill, as if butter wouldn’t melt in their mouths. Of course, bringing up the anthem bill is not the same thing as it was a private members’ bill and there was no real mechanism for Harder to move it forward, whereas he has tools for this bill. But, as with anything, false equivalencies to prove a point are part of the game if people don’t know any better.

And if the Conservatives don’t think that they’re signing their own warrants for the demise of opposition by continued procedural gamesmanship, then they had better wake up because the ISG is rousing itself to go on the warpath for these rule changes. Being a little more strategic in their partisanship and tactics would be advisable because the reckoning is coming.

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Roundup: Jury selection in the crosshairs

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The fallout from the Gerald Stanley trial continued in Ottawa yesterday, where the family of Colten Boushie met with ministers Carolyn Bennett and Jane Philpott about their frustrations with the justice system, and in particular the focus seemed to be on jury selection, and in particular the use of peremptory challenges in order to screen out any potential juror that looks Indigenous. In Question Period, justice minister Jody Wilson-Raybould said that this was under consideration as part of their broader criminal justice review, but this is a project that seems to be travelling at a glacial pace (as so many things do in this government), and we have no idea when any report or formal recommendations by the government will actually be released in advance of legislative fixes. Boushie’s family are due to meet with Wilson-Raybould, Ralph Goodale and the prime minister at some point today, but I’m not holding my breath for any timelines on action on these issues. Oh, and in case you were wondering, the premier of Saskatchewan says that he’s open to discussions about more Indigenous representation on juries, but it doesn’t sound very concrete.

The attention that the Stanley verdict has given to the problems around Indigenous representation on juries have reminded us that this is a long-standing problem that has been on the radar for many years, such as with the report by former Supreme Court of Canada Justice Frank Iacobucci written for Ontario about the issue, complete with a number of recommendations. (That report spawned the Debwewin Committee, whose report is more than a year-and-a-half overdue by this point). The National Post last week had a look at the issues of stacked juries and biased media in cases like Stanley’s, and noted that there is a current study underway by an Ontario Superior Court justice looking into representation on juries with an eye to training judges in the future. Meanwhile, Senator Murray Sinclair says he will advocate for concrete changes such as limiting peremptory challenges, and provincial jury selection processes.

In terms of commentary, Colby Cosh tries to take a more dispassionate look at the jury system and wonders what we risk if we try to overturn it because we don’t like one decision out of hundreds. In a piece from 2016 that was reposted in light of recent events, Jonathan Kay wrote about his experience in a jury pool where, in a case involving a domestic homicide, the defence used their peremptory challenges to assemble an all-male, mostly visible minority jury.

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Roundup: Fallout from the Stanley decision

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The verdict in the Gerald Stanley trial came down late Friday night, and the Saskatchewan farmer was found not guilty in the shooting death of 22-year-old Colten Boushie for the same kinds of actions that a white person would not have been shot at for. That the jury did not contemplate a manslaughter conviction instead of second-degree murder is the more puzzling aspect of the verdict, and why there is such a cry about racism in the justice system – especially since the defence counsel was able to successfully challenge any of the potential Indigenous jurors and wind up with an all-white jury, which is when the family knew that the fix was in, and that this was not doing any favours to the cause of reconciliation, nor for faith in the justice system for people who aren’t white.

The PM and justice minister tweeted that more needs to be done when it comes to ensuring that there is justice for Indigenous people in this country, leaving some Conservative observers a little aghast that they got involved. That said, the wording was carefully chosen in order to not criticise the jury itself, or promise that there would be an appeal or some kind of attempt to overturn the verdict. That’s probably a good thing overall, while it acknowledges that there is a problem and that the government is aware of it, and it’s worth nothing that the government is talking about this situation where there is a good chance that they wouldn’t have just a couple of years ago. Meanwhile, this hasn’t stopped the Conservatives from accusing the government of “political interference” with the courts (never mind how many times they criticised court decisions, especially by the Supreme Court of Canada, while they were in power). But what can be done? Well, there is already an ongoing review of the criminal justice system that this government has undertaken (but is very, very slow about rolling out any concrete measures about), so we can be sure that this will be part of it. But better resourcing the justice system is something that they need to confront, which means hiring more Crown attorneys, and giving them more time and resources to tackle cases is going to be part of the solution as well (and we can all think of a number of high profile cases in recent years that the Crowns have utterly ballsed up). And indeed, in this case, there were apparently questions going in as to whether the Crown attorney in this case was capable of handling a trial like this. But this is also a provincial issue as well. Ontario is working on a strategy about getting more Indigenous representation on juries, but its report is already more than a year overdue. The Boushie family has arrived in Ottawa to meet with ministers, so one suspects we may hear more later in the day.

https://twitter.com/michaelplaxton/status/962195300721967104

And there has been no dearth of commentary around this case already. Lawyer David Butt talks about the need to limit the peremptory challenges that allowed Stanley’s defence lawyer to create an all-white jury. Defence Lawyer Allan Rouben suggests that maybe it’s time to loosen the rules that forbid jurors from discussing what happens during deliberations. Tammy Robert reminds us that no, you can’t shoot someone to protect your property in Canada. Robert Jago says that the trial and verdict show that the attitude remains that Indigenous people are simply animals that Canadians are taught to fear.

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