Roundup: Squeamish MPs and the problems they cause

So many pearls got clutched yesterday on a couple of topics that, while unrelated, actually have a lot more in common than one may think. The Supreme Court ruled yesterday that the legal definition of bestiality must include penetration (with only Justice Abella dissenting) based on its common law definitions going back years. It was a case that involved the sexual abuse of teen girls, but if you judged by the headlines and the reactions on social media, it was a number of bizarre over-readings of what the ruling was, as though they ruled it legal rather than saying that there is a hole in the law because MPs didn’t properly update it when they had a chance. And this is where this starts to overlap with what else is happening.

As you may have guessed, the pearl-clutching amongst the pundit class carries on over the Senate amending bill C-14 (I swear that Michael Den Tandt has clutched his pearls so tightly that he’s cut off the flow of oxygen to his brain) and the “suddenly assertive” Senate (it’s actually not, but rather it has a couple of genuinely problematic bills before it), and while I won’t repeat yesterday’s civics lesson, let me say that the Supreme Court decision around bestiality is exactly the kind of object lesson that the assisted dying legislation could easily become.

Let’s face it – MPs don’t like to deal with tough issues. When the abortion laws they tried to pass post-Morgentaler decision was defeated, they didn’t make a second attempt. When they passed “temporary” prostitution laws in the 1980s to deal with a specific public nuisance issue, they didn’t return to the issue as promised to deal with it until the Supreme Court struck them down in the Bedford decision. We saw yesterday morning with the bestiality case that where MPs should have dealt with the issue when they changed other laws around the issue in the 1980s, they didn’t until the Supreme Court had to render a decision that pointed out the loophole and a sexual offender had two charges against him dropped rather than the court make up a new law holus bolus. And now there’s doctor-assisted dying. The Court had very good reasons when they made the Carter decision to insist on a timeline, which MPs have been balking about because they don’t want to deal with it. When the Prime Minister defends the conservative nature of C-14 with the excuse that it’s the “first step” of a longer conversation, I don’t actually trust that there will be a second step because MPs are too squeamish to deal with tough problems. And that’s exactly why I think the Senate is right to rip the band-aid off right now and force the government to actually deal with the whole issue as the Supreme Court laid it out. And yes, the government is going to grumble and say they don’t want to accept the amendments, but I also think that it’s part of the narrative of reluctance, where they can then hide behind the Senate as having “forced” them to accept the changes, so that they have political cover when interest groups confront them during the next election. But we’ve seen this problem of MPs not wanting to do their jobs time and again and the problems that it eventually causes. And if it means that the Senate has to be the grown-ups and make them deal with it this time, so be it.

Continue reading

QP: Genocide and refugees

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.

Continue reading

QP: An end to constant clapping?

On caucus day, all of the leaders were present but there were a few curiously empty desks. Rona Ambrose led off, mini-lectern on neighbouring desk, asking about Canadian special forces troops coming under fire near Mosul, and wondered about the training mission. Trudeau replied about helping our allies take the fight to ISIS, and listed off the additional resources added to the mission. Ambrose asked again about the combat mission, and Trudeau reiterated that it was not a combat mission. Ambrose then moved back to the howls for a referendum, and Trudeau listed off his promises of broad consultation. Denis Lebel took over in French to demand a referendum, and got much the same answer, and then a second round of the same. Thomas Mulcair was up next, asking about RCMP surveillance on journalists, and Trudeau reminded him that the RCMP were taking steps, and that they have learned from their mistakes. Mulcair asked again in English, and demanded why C-51 was not repealed. Trudeau mentioned ongoing consultations with stakeholders and the forthcoming parliamentary oversight body for national security. Mulcair then switched to C-10 and jobs affected, and Trudeau insisted that they were trying to ensure the long-term success of the industry. For his final question, Mulcair bemoaned the lack of investment in Bombardier, and Trudeau reiterate that they are encouraging investment in the sector.

Continue reading

QP: Sharper responses to repetitive questions

The vast majority of MPs fresh from a convention, you would have thought that the leaders would be there to join them, but no, Elizabeth May was the only party leader present in the Commons for QP on a sweltering day in the Nation’s Capital. Denis Lebel led off, demanding a referendum on electoral reform to ensure that there was proper support. Mark Holland responded, inviting members of the opposition for their input on what kind of a system they would like to see. Lebel repeated the question in English, and Holland brought up the Fair Elections Act. Lebel asked again, and Holland broadened his response to say that it wasn’t just about electoral reform, but about things like mandatory voting or electronic voting. Andrew Scheer was up next, and demanded that the government withdraw the motion to create the electoral reform committee. Holland reiterated the points that people believe that the status quo isn’t good enough. Scheer closed it off with a series of lame hashtag jokes, but Holland praised the dynamic conversation that was about to happen. Marjolaine Boutin-Sweet led off for the NDP, and wanted C-14 referred to the Supreme Court. Jody Wilson-Raybould insisted that they needed to pass the bill before the Supreme Court deadline. The question was repeated in French, and Wilson-Raybould stated that the bill is the best public policy framework going forward. Murray Rankin took over, and pleaded for the government to work with them to get the bill right. Wilson-Raybould’s answer didn’t change, and on a repeated supplemental, Jane Philpott insisted that they need the legislation in place to protect physicians and pharmacists.

Continue reading

Roundup: Who to blame for short timelines

Our friend Kady O’Malley penned a column over the weekend about how anyone upset about the tight timeline of the assisted dying legislation should be upset at the fixed election date instead of the Supreme Court for imposing the deadline. And she’s right, but I’m not particularly enthused about her suggestion that the election date be moved to earlier in the year instead of October, as that date pretty much wipes out the fall sitting of Parliament. I mean, that is a valid point, but if you were to ask me, the real suggestion would be to simply eliminate the fixed election date as we already have a constitutional requirement that elections be held every five years, whereas the fixed date is a particular bit of Americanisation that is supposed to provide stability but just winds up making the whole system worse off, from turning Question Period into an unrelenting series of election ads, to simply changing the government’s calculations on policy to suit that date rather than supposedly helping the opposition by giving them more predictability when it comes to election timing. It didn’t, incidentally, stop the speculation of early election calls since pretty much every media outlet continued to ask whether there would be an early call (as is permissible, since the legislation can’t actually bind the powers of the Governor General), so it’s not like it changed that conversation any. That all being said, I would like to note that while many people quite rightly point out that there was no obligation on the Supreme Court to give the government that year (plus the extra four months) to come up with a bill, but could rather have struck down that prohibition immediately and we would have had few ill-effects, I will point out that without a deadline, MPs would simply keep putting off the legislation under the constant plaintive wails that it’s “deeply personal” and “a difficult subject.” Our MPs, in the event you haven’t noticed, are a lot that really are pretty lacking when it comes to moral courage to deal with difficult things. Instead, they wait for people to bring it to the courts in order to be “forced” to deal with it, and if you look at the pattern from the last decade or so, their response is to half-ass some rushed legislation in response, decry the courts for forcing them into such a compromise position, and leave it for it all to be challenged in court once again. That we have a new government doesn’t seem to have changed the pattern too much, with overly cautious legislation that doesn’t appear to meet the test laid out by the Supreme Court in the Carter decision, while MPs fall all over themselves to declare that it’s a “deeply personal” issue while wailing plaintively that there are no provisions for more palliative care in a bill that is about changing Criminal Code prohibitions. So rather than blaming the fixed election date (which is a valid position), I choose instead to blame our rather spineless crop of MPs, who have mostly chosen to complain about the lot they’ve been given rather than rise to the occasion.

Continue reading

QP: Tax credit meanies

While Justin Trudeau was at Gleason gym in Brooklyn, and the Duffy verdict being read out a few blocks away, QP was ramping up for another scintillating session. In the lead up to QP, MPs sang a round of “Happy Birthday” and “God Save the Queen” in honour of Her Majesty’s 90th birthday, followed by a moment of silence for the National Day of Mourning. Rona Ambrose led off, complaining about the demise of the child sport tax credit. Bill Morneau reminded her that the new Child Tax Benefit offers more money for all families to use as they see fit. Ambrose asked again in French, got the same answer, and then moved onto complaining that the Liberals voted down her motion to declare ISIS a genocide. Stéphane Dion reminded her that the official recognition of genocide was serious and should only happen after an international investigation, which is what he was pushing for. Denis Lebel was up next, asking about the aluminium industry in Quebec. David Lemetti reminded him that they are working on the issue. Lebel asked about the issue of diafiltered milk, and Jean-Claude Poissant, responded that they were working on it. Thomas Mulcair was up next, and denounced Bill C-10, refusing to call Marc Garneau by his title. Garneau responded that they were going to rush the bill, which the NDP trie to kill. Mulcair then suggested that it was Carolyn Bennett who let the Catholic Church off the hook for Residential Schools. Bennett listed the dates to prove that it was the previous government, and the government couldn’t force the Church to do anything. Mulcair then changed topics to the Saudi arms deal, at which point Dion repeated Mulcair’s statements on honouring the agreement during the election. Mulcair thundered that the Liberals weren’t defending human rights, and Dion kept reminding Mulcair of his own words on the contract.

Continue reading

QP: Trying to trip the justice minister 

Following the surprise upset of Thomas Mulcair’s leadership yesterday, it was not difficult to see why he was absent for the first QP after the Easter break. As for the prime minister, he was also absent but we’re not quite sure why. Rona Ambrose led off, script on lectern, asking about a particular kidnapping case, for which Omar Algabra assured her that they were willing to meet at any time. Ambrose shifted to the “betrayal” of small business taxes, for which Bill Morneau insisted that their other measures would help small businesses. Ambrose wondered if Trudeau still believed that small businesses were just ways for the wealthy to shelter taxes, to which Bardish Chagger insisted that wasn’t the case at all. Denis Lebel took over in French, asking about infrastructure spending, for which Amarjeet Sohi listed the various infrastructure funds. Lebel insisted that the funds were already committed by the previous government, but Sohi noted that it wasn’t getting spent. Peter Julian led off for the NDP, asking about the minister of justice’s fundraising. Jody Wilson-Raybould assured him that she cleared the activity and there was no conflict. Julian kept up, to which Dominic LeBlanc to repeat the answer with a little more scorn poured on. Marjolaine Boutin-Sweet worried about a CRA employee going to work on the KPMG board while they were under investigation, for which Diane Lebouthillier recited the new funding for the agency to go after tax cheats. Boutin-Sweet raised the Panama Papers and asked the question again in French, and Lebouthillier noted that there were rules around those who leave the Agency.

Continue reading

QP: Not taking the budget bait

The day before budget day, and the Commons was not as full as it could or should be. Rona Ambrose led off, her mini-lectern on Andrew Scheer’s desk as it often is these days, and she read some concern about her supposition about the budget. Justin Trudeau insisted that they had a plan, and that the previous government didn’t get the job done. Ambrose tried to retort that they had the best job creation record in the G7, then turned a lament about raising taxes. Trudeau reminded her of the debt-to-GDP ratio. Ambrose insisted that investment has “fallen off the cliff” since the election, but Trudeau responded that economists said that this was the time to invest. Denis Lebel took over to ask about public confidence in the economy, which Trudeau reiterated their investment promises, and Lebel lamented the state of the forestry industry as an example of a measure needed in the budget, but Trudeau didn’t bite, and told him to wait for the budget. Thomas Mulcair was up for the NDP, and decried Bombardier’s plan to outsource some jobs, and demanded the protection of jobs in Canada. Trudeau agreed that they wanted to protect good jobs, which was why they were taking the time to assess Bombardier’s proposal. Mulcair demanded commitments on EI, for which Trudeau reminded him that they made commitments in their platform and they would keep that promise in the budget. Mulcair switched to English and lamented the conditions on First Nations reserves, for which Trudeau yet again reminded him that they made promises to renew the relationship, and that the budget would contain historic investment. For his final question, Trudeau asked about a family where the children were kidnapped to Kurdistan. Trudeau insisted that the return of those children were a high priority.

Continue reading

Roundup: The big visit

With Trudeau now in Washington DC, we are being bombarded by What It All Means. And thus, the arrival was full of firsts, and we are being told to expect an announcement regarding the expansion of the border pre-clearance programme, however privacy concerns remain. John Kerry says there’s no urgent need for a new Canada-US pipeline as we already have some 300 already, while our new ambassador says that the Keystone XL issue “sucked all of the oxygen” out of the relationship between the two countries, while progress is coming on some “less sexy” files. And here’s a look at the State Dinner menu, which features both Canadian and American spring flavours. Trudeau is also expected to announce that he will host a “Three Amigos” summit with the American and Mexican presidents in June, something Stephen Harper was supposed to do and then didn’t.

Continue reading

QP: Bélanger presides for a moment

Today was the day that MP Mauril Bélanger was given the role of honorary Speaker, his plans to have run for the post cut short by his ALS diagnosis. Bélanger has since lost the ability to Speak, but thanks to modern technology, he has been using an iPad with a speech emulator, and it was this that allowed him to preside over the Commons after a slow procession to the Chamber. Bélanger oversaw some rather well-behaved (though still somewhat partisan) Members’ Statements, and the first couple of questions. Rona Ambrose led off and recalled the Ice Bucket Challenge, and asked the PM for research dollars for ALS. Justin Trudeau saluted Bélanger first, and urged Canadians to give time and support in finding a cure. Normally Ambrose would get four more questions, but instead Mulcair was up next, and asked about minority francophone rights — a passion of Bélanger’s. Trudeau paid tribute to Bélanger’s efforts over the year. Bélanger then made a statement of thanks through his voice emulator, before Speaker Regan resumed the chair, while the Chamber thundered applause.

Continue reading