Roundup: Brown out…again

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: The IRB’s crushing backlog

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

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).

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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: A firmer timeline for cannabis

The Senate came to a negotiated decision around the marijuana legalization bill timeline yesterday, and there is a bit of good news, and a bit of bad news if you’re waiting for its passage. On the one hand, the new timeline has the benefit of an end date – that it aims for third reading vote by June 7th, but that also moves a vote on second reading until March 22nd, and from then on, it will go to five different committees instead of just three. It does, however, mean that the government’s timeline of July is now out of the water, because even if it passes in June (because there is the possibility of amendments, but there should be enough time to deal with those), there will still be an eight-to-twelve week lag time between royal assent and when the stores can open their doors given production and distribution timelines, and the likes. So, it likely means no legal weed over the summer, if you’re so inclined.

A couple of additional notes: I keep hearing this concern trolling that keeping the legal age below 25 is terrible because youth shouldn’t smoke it because of brain development and so on. The problem with setting the legal age too high is that it remains the forbidden fruit for those youth, which encourages use, but it also ignores the reams of data that we have on what happens when drinking ages are set too high, especially in states where it’s 21 instead of 18 or 19. What happens if you have young adults who binge drink to the point of alcohol poisoning because there is no way to build a culture of moderation – not to mention, it will continue to be an active driver for the black market if young adults can still get it that way. At least by setting it to the provincial drinking age, you have a better chance of reaching them through education programs (which will hopefully be better than the current “don’t do drugs” scare tactics that governments repeatedly try and fail at) than simple prohibition. In other words, I hope that senators (and in particular Conservative ones) don’t make this a hill to die on.
The other note is that in the lead up to this negotiated timetable, Government Leader in the Senate – err, “government representative” Senator Peter Harder took the CBC to proclaim his concerns with the pace of the bill, and lamenting that it had been in the Senate since November – err, except it was really only there for a couple of weeks before the Christmas break, during which time the Senate was busy dealing with a glut of other bills from the Commons, and that they rose a week before they planned to, and this is only the third week back after the break, during which it has received several second reading speeches. He was utterly disingenuous about how much time it had been in the Senate to date, and I suspect that this is all part of his play to continue casting the partisan gamesmanship (or threats thereof) by the Conservatives in order to push through his reforms to the chamber that would delegitimise structured opposition, which is a very big deal, and one that Senators shouldn’t let him sneak by them by playing up concerns over this particular bill’s progress.

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QP: Gathering angry media clips

Two competing dynamics played out in the Commons today — because Parliament is not sitting tomorrow out of courtesy for the NDP’s policy convention, it was Friday on a Thursday, only slightly better attended, but there weren’t any leaders (save Elizabeth May) present. It was also a Conservative Supply Day, where the motion demanded an apology to veterans for the alleged “insult” by the prime minister during that Edmonton town hall regarding his response to why the court action against the Equitas group was still ongoing. Candice Bergen led off, reading concerns about veterans and demanding action from the prime minister. Dominic LeBlanc got up to answer, saying that they do support veterans and have put in place a pension-for-life option as well as other investments. Bergen concern trolled that the government voted down a veterans-themed private member’s bill yesterday, and LeBlanc listed the sins of the previous government when it came to respecting veterans. Alain Rayes took over in French, quoting the prime minister’s election promise, not that LeBlanc was having any of it. Rayes tried again, and LeBlanc raised the spectre of Julian Fantino when it came to how the Conservatives had respect. Rayes listed examples of the government’s profligacy except for veterans, but LeBlanc called out his contradiction before reiterating their respect. Ruth Ellen Brosseau led off for the NDP, reading questions on the same topic in English, and LeBlanc gave a less punchy response about how much they have done to date. Brosseau switched to French to read about the documents provided to the PBO around the tax gap, and Marie-Claude Bibeau got up to insist that they would study the tax gap, unlike the previous government. Pierre-Luc Dusseault heaped some condemnation on new tax treaties, and Bibeau read points about international information exchanges to fighting tax evasion. Peter Julian got up to rail about tax havens that are funding cannabis operations, but Bibeau reiterated the points about combatting tax evasion. Continue reading

QP: A smarmier version of Matlock

The first proto-Prime Minister’s Questions of the New Year, with Justin Trudeau finally in town on a Wednesday, and Andrew Scheer was once again no longer present. That left Lisa Raitt to leave off, who was worried that offshore investment into marijuana companies was not the front companies for organised crime. Trudeau stumbled off the block, and gave his worn points about why they are legalising marijuana. Raitt called out the talking points, but along the way, equated former Liberal fundraisers with organised crime, but Trudeau didn’t vary his response. Alain Rayes was up next, and in French, accused Liberal fundraisers of trying to line their pockets though cannabis and accused the government of interfering with debate in the Senate,  it Trudeau stuck to his points in French. Rayes tried again, and this time, Trudeau said that they could assure people that they were not letting organised crime into the system. Rayes went one last round, asserting that legalised marijuana was somehow the new Sponsorship Scandal, but Trudeau reminded him that the previous prohibition model failed. Guy Caron was up next, and kept on the same line of attack, highlighting tax havens, and this time, Trudeau picked up some notes to say that they have been coming to agreements with provinces to provide transparency on corporations and that they were doing background checks on any significant investment in cannabis companies. Caron went again in French, railing about Liberals and tax havens, but Trudeau repeated the assurances in French. Pierre-Luc Dusseault asked the same question again, to which Trudeau assured him that they had an information network to combat tax avoidance and evasion, and when Peter Julian asked one more time, Trudeau picked up his notes again to assure him that there would be mandatory security checks with companies.

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Roundup: Harder threatens hardball

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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QP: Not taking yes for an answer

While Justin Trudeau was present today, Andrew Scheer once again was not. That left Lisa Raitt to lead off, mini-lectern on desk, and she worried about the Trans Mountain pipeline and wanted a plan to ensure that it would begin construction this spring. Trudeau listed the actions they’ve taken on legislation and processes, said that he was meeting with premiers, and asserted that the pipeline would be built. Raitt dismissed this as platitudes and stated that Canada was not open for business, and Trudeau reminded her that the previous government’s leadership never got any projects built. Raitt asserted that the government botched Energy East, and demanded more action. Trudeau reminded her that he pitched Keystone XL to American Democrats while he was in opposition while the current opposition just talks down Canada. Alain Rayes picked up this line of questioning in French, and Trudeau repeated his first response about providing certainty and asserting it would get built. Rayes tried again, and Trudeau simply asserted that they would get the pipeline built. Guy Caron was up next for the NDP, and he concerned trolled about CRA not being accountable to parliament. Trudeau praised the actions they took strengthening the Parliamentary Budget Officer, and that they supported his work. Caron tried again in English, noting the two new tax treaties signed, to which Trudeau reminded him that they put $1 billion into the CRA to go after tax evasion. Peter Julian picked it up in French, demanding immediate action on stock option taxation and tax havens which contrasted with poverty and inequality, and Trudeau took it as an opportunity to praise their social housing investments. Julian tried again in English, and this time Trudeau praised the work of the government to reduce drug prices.

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Roundup: Jury selection in the crosshairs

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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QP: Demands for disassociations

While Justin Trudeau was present today, post-trip to Chicago, San Francisco, and Los Angeles, Andrew Scheer was not. This left Peter Kent to lead off, railing about the “peoplekind” remark and the fact that Trudeau’s principle secretary, Gerald Butts, called out people who crictised it as Nazis. (He didn’t really, but made reference to specific alt-right characters doing the criticizing). Trudeau noted that he didn’t hear a question in that statement, and sat back down. Kent got up to rail about real Nazis and demanded that the PM disassociate himself from Butts, but Trudeau stood up to talk about how they recognise the horrors of the holocaust and that they took that history seriously. Alain Rayes got up next, and railed about the lack of action on the Trans Mountain pipeline, and Trudeau noted that he had committed that the pipeline would get built. Shannon Stubbs returned to the “Nazi” issue, and while Trudeau first dissembled about town halls, on a supplemental, he told the opposition that they shouldn’t let Rebel Media quite their  questions for them, and suggested that they are the ones who should disassociate themselves. Guy Caron was up next for the NDP, concerned about anonymised data requested by the Parliamentary Budget Officer, and Trudeau noted that they have concluded an agreement with the PBO to get them the information that they need. After a round of the same in French, Charlie Angus got up to demand action on cases like the death of Colten Boushie, Trudeau noted that their hearts went out to the family, and while they couldn’t comment on the specific case, they were working to address the inequities in the system. Angus demanded more action on Indigenous justice, and Trudeau listed areas that they need to fix, and noted that they were at work on it.

https://twitter.com/InklessPW/status/963132017066913792

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