Roundup: Lighting a fire under the minister

It’s been a year since the Supreme Court of Canada decision in Jordan, which set upper limits for trial delays, and so The Canadian Press had a couple of good pieces on it today, both looking at the fallout in terms of what needs to change in the justice system, as well as looking at the numbers of cases that have applied or been granted a stay of proceedings owing to delays that have been deemed unreasonable. I will note that while justice minister Jody Wilson-Raybould says that the decision “lit a fire” under her, she’s been agonizingly slow in responding.

I write a lot for the Law Times, and I talk to a lot of players in the legal community, and there has been a sense of mystification as to what all of the delays are. The fact that it took her a year to start the process of reforming how judges are appointed was baffling, and that slowed down the process for making said appointments – especially as some of the committees advising on appointments still aren’t up and running, six months later. While more appointments are finally being made, it’s taken a long time and it’ll take even longer for those judges to be fully prepared and worked into the system.

There is the legislation that has been coming out in drips and drabs. For example, they made a big deal about a bill that would finally equalise the age of consent for gay sex, but then abandoned said bill to roll those provisions into a larger bill on doing away with “zombie laws” that have been struck down but remain on the books. How much time and energy was spent on that abandoned bill? We keep hearing about the big promised justice reforms promise – looking at the Criminal Code, sentencing, bail, the works, but we’re nearly two years in, and there’s still no sign of them. Yes, they’re big files, but this is nearly the halfway point in the mandate, and big, complicated files like that are going to take time to get through Parliament – especially in the more independent Senate where they will face pushback from law-and-order Conservatives who are looking to hold onto the “reforms” of the previous government.

And then there are the whispers about Wilson-Raybould’s office. There is a constant churn of staff, but not before great delays when it comes to actually filling positions, like the judicial affairs advisor – a pretty key role that took months and months to fill. And if these kinds of necessary staffing decisions are taking forever, what does that mean for the managerial skills of the minister? There are whispers in the legal community, and they’re not too flattering. So when Wilson-Raybould says that Jordan lit a fire under her, one shudders to think about the pace of progress had it not.

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Roundup: Dealing with problematic senators

While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

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Roundup: Laying the groundwork for deadlock

Over the past couple of days, we’ve seen the markers being placed, and the groundwork is now being laid for the likely deadlock that will be the committee report on electoral reform. With the last of the cross-country consultations taking place this week, the parties started marking their turf this week – the NDP with their vacant report showing “overwhelming” support for proportional voting – along with demands for local representation, which means that they’re going to demand Mixed-Member Proportional, which was their intention all along. The Conservatives, meanwhile, have no position other than they demand a referendum, and yesterday they released the results of their surveys which came back “overwhelmingly” in favour of such a thing. (Never mind that both the Conservatives and the NDP had pretty much zero rigour when it comes to how they achieved those results, and the selection bias was pretty evident, they’re only interested in shock-and-awe headline results). Oh, and the Conservatives insist that they’re willing to find a consensus on a system – really! – but without a referendum, it’s no way no how.

In the middle of this, the Liberals are all going to start turning in the reports from their town hall meetings, all of which focused on “values” rather than specific systems, in the likely hopes that they too will have enough loose data that they can fudge into justifying whatever system they want – or, in the likely event of a deadlock, to justify that the current system already reflects those values (except of course for proportionality, but we all know that demand is based on a logical fallacy, and it would be great if they would actually admit that), so they can wiggle out of their commitment to reforming said system wholesale. Kady O’Malley thinks that this will really come down to the NDP deciding on whether to stick to their guns on proportionality or if they’ll put some water in their wine and accept ranked ballots, but given their completely specious rhetoric on the subject to date (“First-past-the-post on steroids!”), I think that’ll be too hard of a pill for them to swallow.

So, with any luck, this whole thing will blow up in everyone’s faces, and the government will have to swallow their pride, admit defeat, and move onto other, more important issues. One can always hope, anyway.

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Roundup: Sound the independent thought alarm

Every time I read these headlines, I sigh and shake my head a little, because here we go again. “Indigenous Liberal MP breaks ranks with government on BC’s Site C Dam” it reads. The MP is Robert-Falcon Ouellette, and by “breaking ranks,” he has questions for the Minister of Fisheries and Oceans – who grants approvals for these kinds of things – and he plans to ask him in caucus next week. Oooh, someone had better sound the independent thought alarm!

It seems that most of my fellow journalists have forgotten that it’s the job of backbenchers – even those of the governing party – to hold the government (meaning cabinet) to account. They’re supposed to ask questions and to not just give them a pass. Ouellette is doing his job. But by sensationalizing it (which this headline clearly does), and portraying it as “breaking ranks” (which he’s not – there have been no votes that he’s gone off-side with) is both demeaning to his job, and it reinforces the notion that MPs are supposed to be drones parroting the lines of their leaders, which is absurd. Not only that, but We The Media nevertheless insist that MPs are supposed to do their jobs and represent their constituents and address issues and not just parrot talking points, and yet we call them out the moment that they do just that. Why? Seriously – why are we doing this? We’re actively being destructive to our democratic system when we pull this kind of nonsense. There are far better and more effective ways that this story could have been framed that don’t privilege party discipline (which again, not actually being broken here) and this notion that MPs must be in lockstep. It shouldn’t be that difficult to do. And yet here we are.

Honestly, we need to do better if we expect better democratic outcomes in this country. We are part of the problem, and we should stop being just that.

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Roundup: Online voting scare

There was a story on Blacklock’s Reporter yesterday morning that used Access to Information documents to suppose that Elections Canada was moving ahead with electronic voting, despite the fact that the electoral reform committee hadn’t even made any recommendations around it. As it turns out, that’s not what they were up to, but it nevertheless touched off a discussion over Twitter about reasons why electronic voting is still a bad idea, and why never is still too soon to even start contemplating it.

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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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QP: Disclosures and the rules

It was Audrey O’Brien Day in the Commons, as the Clerk Emeritus sat at the head of the table as a farewell to her time serving MPs. Rona Ambrose started off by paying tribute to O’Brien before she got to her question about pipelines, and how there was now a tanker ban on the west coast after Northern Gateway was approved (only it wasn’t really approved, as there were 200+ conditions attached). Trudeau also paid tribute to O’Brien before reminding Ambrose that they didn’t get any pipelines built. Ambrose demanded to know if Trudeau would let Energy East or Transmountain go through if they were approved, but Trudeau stuck to generalities. Ambrose tried again, but got a reminder that her government didn’t get pipelines to tidewater in ten years. Denis Lebel was up next, worried about the lack of information in the budget. Trudeau reminded him of the promises that they made to families in the election. Lebel tried to burnish his government’s record, but Trudeau’s answer didn’t change. Thomas Mulcair was up next, and after a brief homage to O’Brien, lambasted the government for approving the Saudi LAV deal. Trudeau reminded Mulcair of statements he made regarding the jobs in question and not cancelling agreements. Mulcair then accused Trudeau of using numbered companies to avoid taxes, but Trudeau insisted that all taxes were paid. Mulcair pressed, and Trudeau reminded him that he has been open about his financial holdings. Mulcair asked again in English, and Trudeau stood by his disclosures.

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QP: Déjà vu from Monday

While new senators were being sworn in down the hall, all of the leaders were present for QP in the Commons, and everyone was raring to go. Rona Ambrose led off, reading from her mini-lectern, asking about how the budget numbers don’t add up. Justin Trudeau stated, matter-of-factly that they were putting money in Canadians’ pockets. Ambrose listed people who felt the budget lacked transparent, but Trudeau was undaunted in lauding the good news of the budget. Ambrose accused him of blocking projects like pipelines, and Trudeau hit back a little more pointedly about how “shouting pipelines into existence” didn’t work. Denis Lebel was up next, worried that the infrastructure envelope was thin, and Trudeau lauded the funding. Lebel launched a paean about how great the infrastructure funding was under their government, but Trudeau reminded him that their arguments failed to convince Canadians in the fall. Thomas Mulcair was up next, and got an ovation from the whole of the Commons. He repeated the false equivalency of that Shelly Glover fundraiser with the Jody Wilson-Raybould fundraiser, to which Trudeau listed all of the rules and said that they were being followed. Mulcair switched to the Panama Papers and the story that CRA officials went to work for KPMG, and Trudeau recalled the new funds for CRA in the budget. Mulcair repeated a bunch of dubious accusations and demanded an investigation into KPMG, and Trudeau repeated the funds for CRA. Mulcair closed the round with a question on EI reform, and Trudeau listed the reforms made so far.

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Roundup: The demise of Mulcair, part deux

Plenty of more reactions to Mulcair’s demise and the party’s direction, so let’s get to it. Matt Gurney figures that the party is once again one of protest, while Jon Kay suggests that the party has outlived its usefulness with its embrace of the Leap Manifesto, and that Canada now effectively only has to parties. Gerry Caplan recalls the party’s hey days of 20 percent voter shares, and wonders if they can ever be taken seriously electorally. Andrew Coyne tries to look at the broader cause of Mulcair’s demise, while Jen Gerson says that Rachel Notley’s party that is getting things done is the one the federal party membership really threw under the bus, not Mulcair. David Reevley says the party can’t rebuild while “Zombie Tom” is still at the helm, while Emilie Taman insists that everything’s fine, that the Leap resolution gives the party a “path forward,” which I sincerely doubt. Colby Cosh takes the more existential take of the gradual demise of meaningful political parties writ large, and that if the NDP is but a shell then so is everyone else. He also takes on the notion that the political left is also largely meaningless anymore, which is something else to consider.

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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.

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