Tag Archives: Iran

Roundup: Say no to a Charter Rights Officer

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The Canadian Civil Liberties Association is leading a push for the creation of an independent Charter Rights Officer for Parliament, and that sound you hear is my head hitting my desk over and over again. Because no. We don’t need yet another officer of parliament. We really, really don’t.

What we need is for MPs – particularly the opposition – to stand up and actually do their jobs, rather than fobbing off their homework onto yet another officer, who is accountable to nobody, whose reports they can then wield like some kind of a cudgel while not actually fulfilling their own responsibilities as parliamentarians (which, I will remind you once again, is to hold the government to account). The proliferation of officers of parliament has so diminished the capacity of the opposition to do their gods damned jobs in this country that it’s embarrassing, and since the inception of the Parliamentary Budget Office, it’s only become so much more egregious because now they can ignore the Estimates cycle entirely (despite controlling the public purse being the inherent definition of what MPs are supposed to do, and how they hold governments to account).

Oh, but it’s hard! Oh, but why not cede this to subject matter experts like lawyers and judges? Oh, why don’t we just start pre-referring all bills to the Supreme Court of Canada while we’re at it and turn the dialogue between the Court and Parliament into a game of “Mother May I?” Honestly, would it kill MPs to actually debate policy, which Charter compliance is a big part of? Parliament has responsibilities to fulfil. Why don’t we actually make them do their jobs rather than finding yet another excuse for them to avoid doing it?

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QP: Overwrought cheap outrage

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The Prime Minister having met with the Chinese Premier earlier in the day, he and the other leaders were now ready to go. Rona Ambrose, mini-lectern on desk, gave an overwrought tale of a single mother worried about losing her house and reading about the moving expenses of PMO staffers. Justin Trudeau noted that the rules were followed, and the PMO overall was smaller than in the Conservatives’ day. Ambrose launched into a somewhat misleading tirade about all of the things they government cancelled for families (conveniently ignoring the enhanced benefits that they replaced those programs with), and Trudeau thanked her for reminding Canadians about their helping the middle class. Ambrose went again another round in French, got the same answer, and Jason Kenney took over to lament policy changes in Alberta to denounce a “job-killing carbon tax.” Trudeau reminded him that he’s in Ottawa, not Alberta, and that farmers were pleased with the settlement of the canola issue with China. Kenney then gave one last go at trying to declare ISIS to be a genocide, and Trudeau chided him for political grandstanding on such an important issue. Thomas Mulcair got up next, and accused Trudeau of being a dictatorship apologist with respect to an extradition treaty with China. Trudeau noted that this was about a dialogue that allows them to bring up difficult cases, and they would not bend their principles for anyone. Mulcair went another round in French, got the same answer, and then moved onto the Site C Dam in BC. Trudeau noted the commitment to a renewed relationship with Indigenous communities, and when Mulcair pressed, Trudeau kept insisting that they were respecting and consulting.

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QP: Doomsaying and expense obsession

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Caucus day, and with Trudeau back from the UN, we had a full leadership deck today (minus Elizabeth May, who is travelling with the electoral reform committee). Rona Ambrose led off, mini-lectern on desk, doomsaying the economy and the looming catastrophes of a carbon tax and a CPP increase. Trudeau reminded her that they have lowered taxes for the middle class and noted that the previous record of not raising them on the wealthy didn’t work. Ambrose moved to the possible extradition treaty with China and that country’s human rights record. Trudeau noted that the dialogue they have established means they can raise difficult questions as well as investment opportunities, while they won’t lower the standards on extraditions. Ambrose worried about Chinese cyber-attacks, and Trudeau noted again that the dialogue allows them to raise difficult issues. Ambrose asked about the extradition treaty again in French, got the same answer, and ended her round asking about a peacekeeping missing in sub-Saharan Africa. Trudeau noted the responsibility that Canada has to the world, and said that they were considering the mission carefully in order to determine what the mission would be, but assured her they would be transparent. Thomas Mulcair was up next and demanded a vote on a peacekeeping mission. Trudeau noted this appreciation for the capacity of parliamentarians to raise issues, but didn’t deliver the necessary civics lesson about why a vote would undermine the role of the opposition. Mulcair touched on the extradition treaty with China, got the same answer that Ambrose got, and Mulcair moved onto a pair of questions about the climate targets not being more robust than those of the Conservatives. In both cases, Trudeau reminded him of their commitment to working with the provinces as they agreed to price carbon.

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Roundup: Don’t take conventions to court

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A group of East Coast lawyers has decided to launch a court challenge about the possibility that the government might appoint a new Supreme Court justice that is not from Atlantic Canada, and my head is already hitting the desk because while you can conceivably argue that the regional composition of the court may very well be a constitutional convention, by that very same argument, a constitutional convention is non-justiciable, so you can’t actually take it to court.

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So, to recap, until an appointment is actually made, the whole quixotic venture is premature. Constitutional conventions are politically enforceable but not legally, in part because we don’t actually want people to constantly take the government to court when they lose at politics (which already happens too much – and it’s almost as bad as writing to the Queen when you lose at politics). There was a court case not too long ago when Democracy Watch took the government to court because Stephen Harper went to the Governor General to call an early election despite the (useless) fixed-election date legislation having been enacted, and the courts dismissed it because prerogative powers are constitutional conventions (and while unwritten, are nevertheless still part of our constitutional framework).

And don’t get me wrong – I do think there is a very good case that the regional composition is a constitutional convention because it reflects the federalist principle that is necessary to give its decisions the political legitimacy necessary to be the arbiter of jurisdictional disputes in this country, and that is a pretty big consideration. But the courts are probably not the best place to solve this issue. Having the Atlantic premiers write the Justice Minister to warn her about breaching the convention is probably a better course of action, as would having backbench Liberal MPs from the region expressing their displeasure (though, for all we know, they may already be doing so behind closed doors in the caucus room). And a public campaign that lays out this argument (as opposed to just one centred around it being unfair or about maligning the political correctness of trying to find a new justice that better reflects certain diversity characteristics) wouldn’t hurt either. But this group of lawyers should know better than to try and make a non-justiciable issue justiciable.

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QP: Genocide and refugees

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Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

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QP: Demanding details of a deal not done

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Another busy day on the hill, and while Trudeau had been in the Commons first thing to make another statement on the Fort McMurray situation, he was back for more as QP got underway. Rona Ambrose led off, mini-lectern on neighbouring desk, and asked for reassurance that infrastructure funding to rebuild Fort McMurray would be top priority. Trudeau assured her that yes, this was indeed a priority. Ambrose read the exact same question again in French, got the same answer, and then asked about the details for a bailout for Bombardier. Trudeau reminded her that the negotiations were ongoing, and that they expected a strong long-term business case. Denis Lebel then repeated the question in French, got the same answer, and for his final question, Lebel demanded that they government allow the Billy Bishop airport expand to let Porter also buy C-Series jets. Trudeau responded that they were not going to re-open the tripartite agreement around the Toronto waterfront. Thomas Mulcair was up next, and demanded criminal prosecutions for KPMG tax havens, and Trudeau reminded him that they were working to combat tax evasion. Mulcair repeated the question, got the same answer, before Mulcair moved onto the Canada Post review and not immediately restoring home mail delivery. Trudeau said that they committed to studying the issue and understanding how to give Canadians a better level of service. Mulcair asked the same again in English, skirting the rules around the use of the word “lying” in the chamber. Trudeau reiterated that they were putting in the time that the previous government didn’t in order to ensure Canadians got the right level of delivery.

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Roundup: A pointless procedural dust-up

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The shine has come off around the medical assistance in dying bill, as the government decided that enough was enough, and it was time to send it to committee. So they invoked time allocation, and not surprisingly, there was all manner of outcry about how terrible this was, and Conservatives like Jason Kenney equivocating, insisting that they never employed time allocation on such sensitive life and death matters as this (ignoring things like safe injection sites or laws around prostitution as also being life and death matters for those that it affects). Kenney’s later assertions about what this bill will do were also…fanciful to say the least.

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I will say that I have little sympathy for MPs who railed about the government cutting off debate, after two nights of midnight sittings and over 84 MPs having spoken to the bill. This is second reading debate, which is the principle of the bill. And I’ve listened to enough speeches to know that they all basically say “this is a very personal issue,” and “What about palliative care?” with minor variations throughout. The concern trolling about the conscience rights of doctors is also in there, never mind that this is a bill dealing with the criminal code and that issue is one for the provinces who deliver healthcare and the provincial certification bodies for physicians. There remains committee stage debate – which is the real meat of the bill – report stage once it comes back, and third reading debate. If MPs still have things to say, there remain plenty of opportunities, and the government also pointed out that some MPs had been up to speak several times on the bill, meaning that there couldn’t possibly be that many more MPs who needed to speak. And if you’ll forgive my particular cynicism, how many more times do we need to hear MPs read those same sentiments in the record over and over again? The government was already generous in the amount of time it gave to debate second reading – accusing them of somehow stifling debate or invoking closure were both patently wrong and false. And so, once all of the procedural wrangling and grousing was done, it passed second reading by a wide margin. Liberal MP Robbie Falcon-Outlette was the sole member of that party to vote against, and he went on Power & Politics to make a bunch of patently false equivalences between this bill and the suicide crisis in places like Attawapiskat, with a host of intellectually dishonest arguments strewn along the way. The bill also began pre-study in the Senate, where I expect it will get a much tougher ride, and there remains a very real chance that even if the bill passes the Commons unscathed that it will not do so in the Senate, and that it may not pass by deadline.

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QP: In the shadow of Fort McMurray

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After a number of press conferences and stats on the situation in Fort McMurray, there was a bit of a somber mood in the House. It was also Star Wars Day (“May the 4th be with you”) so there’s that.

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QP: What AG report? 

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Tuesday QP, and with the Auditor General’s report out, there was the possibility of some juicy questions. Then again, given that most of what he examined happened under the Conservatives’ watch, their questions may not be as juicy. Rona Ambrose, mini-lectern on neighbouring desk, led off by referencing Morneau’s flippant “stuck on the balanced budget” thing, but in her framing of Trudeau being absent the day before, Trudeau first praised the Invictus Games, before pivoting to praising his government’s plan for the middle class. Ambrose asked a philosophical question about whose money Trudeau thought it was spending, and he retorted with rhetorical questions about whether it was reckless and irresponsible to lower taxes on the middle class. Ambrose lamented that the increased spending has to be paid back, and Trudeau parried by noting how much the previous government increased the federal debt. Denis Lebel took over in French, and Trudeau listed the many infrastructure and transit projects committed to in places like Montreal and Edmonton. Lebel insisted that the Conservatives we respecting provincial jurisdiction while balancing the budget, but Trudeau returned to Harper’s debt figure. Thomas Mulcair led off for the NDP, thundering about diafiltred milk and support for dairy farmers. Trudeau responded that they are engaging with the dairy sector, and that they are protecting the industry and Supply Management. Mulcair demanded an investigation into KPMG’s activities, but Trudeau insisted there was no favouritism by CRA. Mulcair demanded again in English, Trudeau replied again in English, and for his final question, demanded action on climate change. Trudeau reminded him that he was once environment minister in Quebec and didn’t get progress on the Kyoto Accords, and that the current government was committed to meeting more stringent targets.

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QP: About the Fiscal Monitor…

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While Justin Trudeau was in Toronto to meet Prince Harry and launch the countdown to next year’s Invictus Games, the rest of Parliament was getting down to business. Rona Ambrose led off, mini-lectern on desk and raised the surplus figures in the Fiscal Monitor. Bill Morneau said that the department continues to tell him that the year will still end in deficit, but those figures won’t be available until September. Ambrose worried that Canadians can’t trust him if he ignores basic facts, to which Morneau gave some bland praise for their fiscal programme for the middle class. Ambrose then repeated her first question in French, and got the same answer from Morneau in French. Denis Lebel got up next, and asked the very same question, and got the very same answer. Lebel closed with a question about support for the forestry industry, to which Kim Rudd read some praise for the sector as part of the government’s commitment to innovation. Marjolaine Boutin-Sweet led off for the NDP, decrying that the government wasn’t bailing out Bombardier. Navdeep Bains insisted that the government understood the importance of the sector, and that they were trying to set it up for success in the long-term. Boutin-Sweet then decried the loss of jobs inherent in Bill C-10, for which Marc Garneau insisted that the bill mandated jobs be in three province, and said the bill would clarify the law to prevent future lawsuits. Nathan Cullen was up next, demanding a legislated tanker ban on the North Coast of BC. Garneau said that he was in the midst of working on this with his cabinet and provincial colleagues. Cullen railed about the issue further, and Garneau repeated his answer in French.

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