Roundup: A question of political accountability

An issue that I am getting tired of writing commenting on over, and over again, is this story about the supposed political vetting of judicial candidates. The reporters on the story fail to mention the crucial constitutional details underpinning the story, Erin O’Toole lies about what the justice minister has said in response to the constant allegations, and now the president of the Canadian Bar Association is writing to the government to express his concerns that this whole thing threatens public faith in the judiciary. And here I go again.

For the eleventieth time, let me reiterate that the prime minister is politically accountable for judicial appointments under our system of Responsible Government. That means that if another bad one gets through the selection process, he has to wear it politically if things come to light – kind of like what happened around now-former Justice Robin Camp (who you may remembered wondered why a sexual assault complainant didn’t keep her knees together). This is one of the reasons why once the candidates have made it through the initial non-partisan vetting process, that they are subjected to a political screen – to ensure that nobody is aware of any particular skeletons in these potential judges’ pasts that could come around to bite them in the future. Some of the confusion here is because one of the ways in which the government has been doing this vetting has been through their voter identification database, which has been interpreted as seeing if they are donors or had lawn signs – which is a false reading of what these databases do, which is to build voter profiles, and they consume vast amounts of data to do so (which is also why there are concerns that they are not subject to federal privacy laws). But this is being deliberately framed as looking for partisan manipulation. (This is not to suggest the motives of these reporters is partisan – only that they are looking to embarrass the government, and it wouldn’t matter which party is in charge).

I am more concerned by the fact that someone is leaking to the press, and the French press especially seems to be targeted about revelations concerning a particular staffer, which suggests to me some internecine fighting within the Liberal ranks that they are willing to do damage to themselves in order to hurt this staffer in particular. But why worry about motive or the fact that you are being played when you have a potentially embarrassing headline?

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Roundup: Hopes and fears for Biden

And there we have it – it has been declared that Joe Biden has been declared the winner of the presidential election in the United States, and with that declaration, Canadian leaders of all stripes sent their congratulations over the weekend. While our foreign affairs minister hopes for some more stability and predictability in the new administration, the energy sector in this country is nervous that Biden had pledged to rescind the approval of the Keystone XL pipeline (thought it has been held up in American courts).

But as much as everyone is celebrating and sending out clips from the end of Return of the Jedi over social media (an odd choice considering that the Empire didn’t fall after that battle, but kept on kicking for another year, and its remnants metastasised into the First Order that decimated the New Republic), I feel the urge to be a bit of a wet blanket to point out that some 70 million Americans still voted for Trump and everything that he stands for, including racism and the march toward a fascist state, and he’s still in office for nearly three more months. The American impulse tends to be that politics is to be treated as a spectator sport, where they cast their ballots once every four years and then watch the show in between, rather than actually grappling with the real issues that face their country – particularly given that their Congress is largely unable to as the real likelihood that the Republicans have maintained their hold on the Senate will mean that virtually nothing will get done for the next couple of years. Not to say that civic engagement in Canada is a whole lot better, but at least our Parliament is actually built to move things through rather than for gridlock, as evidenced most recently by the fact that we could get pandemic supports for people and businesses out the door, whereas they are stalled in the US Senate. The lure of Trump and his ethos is not far gone, just because Biden won the White House, and that should remain the cautionary tale rather than people thinking the problem is solved and returning to complacency.

To that end, Susan Delacourt warns about Trumpism and the lure of “ordered populism” in Canada, as it is not a phenomenon contained solely to the United States. Likewise, Aaron Wherry notes that it was not a landslide for Biden, that Trumpism is still around, and that America needs to reckon with itself on this fact. I will note that Chris Selley did try to grapple with what Trumpism is without Trump, but I think that when Delacourt quoted pollster Frank Graves about “ordered populism,” that it may be the more accurate handle once Trump is out of the picture.

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