Roundup: An errant tweet begets irresponsible reporting

As I reserve the right to grouse about bad journalism, I’m going to call out a particularly egregious CBC article that appeared over the weekend about a deleted tweet about a judicial appointment, and the way in which the story was framed, being that said potential judge was a donor to the justice minister’s nomination campaign and later to the riding association. The fact that a tweet was made and quickly deleted because the appointment process was not completed is bad form, and embarrassing for the minister’s office, but it need not be a sign that there is anything improper going on if you look at the facts in their totality. But that’s not what happened. Instead, the article omitted any context about how the appointment process is made, framed it like the minister is appointing his donors out of patronage, and got quotes from the Ethics Commissioner to “prove” that the conflict of interest rules are too lax.

The minister does not get to appoint anyone he wants on his rolodex. I mean on paper he has that ability, and constitutionally it’s his responsibility, but in practice it’s not how it works. The judicial appointments process – and I have written extensively about this – starts with lawyers applying to Judicial Appointments Committees in provinces, who then vet them and those which are deemed “Recommended” and “Highly Recommended” are forwarded to the minister’s office. At that point, there is a political vetting process because the government is politically accountable for these appointments if they go bad, but this particular process has been routinely mischaracterised both by media and the opposition – so much so that they have dragged in others on this point. In this case, it is likely that the candidate in question had passed the JAC and was forwarded to the minister’s office as either Recommended or Highly Recommended, and it was in the process of the political vetting when the errant tweet was made, but by deliberately omitting the role of the JACs in these appointments, the CBC article deliberately created a false impression for the sake of building their narrative.

It’s a problem when the media refuses to report this particular situation properly, with context of how appointments work, because they are more interested in a narrative that there is either rampant patronage, or that any lawyer who wants to be a judge should never donate to any party ever for fear of somehow tainting themselves. Political donations are part of how our system works, and it’s not a sign that someone is either a rampant partisan, or that they are trying to buy a judgeship – as the CBC seems to be alleging – especially given the donation limits in this country. Whether that is because there is an element of American political envy here, where we want to feel like we have the same problem of money in politics like they do (seriously, we do not), or whether there is a particular streak of misplaced moralism, in either case the reporting is tainted, and it’s completely irresponsible.

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Roundup: Getting called out by your deputy minister

This government’s problems with cleaning up the culture of sexual misconduct in the military continues to roll along, and the calls are definitely coming from inside the house. In the latest installment, the deputy minister of National Defence has taken to the radio waves to point out that the government didn’t make an effort to push the military on implementing the Deschamps Report, who wound up treating it like a kind of checklist that they could do the bare minimum with rather than actually implementing the systemic changes that it called for. This shouldn’t be a surprise, given everything we know, but the fact that the deputy minister is saying this is damning.

We also got another harrowing tale of harassment, and retribution when the civilian employee who was subjected to it complained. This isn’t a surprise given the culture, and as the piece points out, one of the reasons she was targeted is because she upset the status quo – which is part of why the military made a conscious effort not to really implement the Deschamps Report, because it called for systemic changes, and that is a definite upset of the status quo. That the government didn’t really recognize this or push back against it is an indictment.

Which brings me back to the key point – that the government, and in particular the minister, needs to wear this. The deputy minister called him out. That’s not good. And part of the problem is also that Sajjan was part of that culture, which is may explain why he was either blind to the problems, or was fine with not actually bothered that they weren’t upsetting the status quo. It’s one of the reasons why actual civilian control of the military is so important, and we haven’t had that under Sajjan. Regardless, this is his problem to wear, and he needs to take actual ministerial responsibility, and offer his resignation. There is no other option.

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Roundup: Ford is steering Ontario into the third wave

Ontario is seeing the biggest rise in the B117 variant of COVID – known colloquially as the UK variant – and yet Doug Ford is promising to start lifting restrictions later this week. We’ve only just gotten first doses to residents of long-term care facilities, and even those vaccinations won’t have a dent in ICU admissions, and yet, Ford and company are barrelling ahead with nonsensical plans. Another example was to delay March Break until April, ostensibly to prevent travel (because there is always travel over holidays), but it seems to also fly in the face of measures related to closing schools to prevent more spread, and that it could have had that utility.

Nevertheless, the province’s own modelling shows a disastrous third wave oncoming because of these more transmissible variants, and point to the need to keep up current restrictions. Ford plans to go ahead with loosening them. And then there was this remarkable exchange where a TVO reporter asked if the province was headed for disaster on this current course, and the public health officials essentially confirmed it.

Ontario is being governed by a group of murderclowns. There is no other explanation.

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Roundup: Confidence maintained, control wrested

It shouldn’t be a surprise to anyone that the government survived the confidence vote – it was very much an example of Wells’ First Rule – and the NDP and Greens voted to keep parliament going. Of course, the narrative that both the Conservatives and NDP adopted was that the Liberals were pushing for an election – the Conservatives (and Bloc) claiming it was because the Liberals really wanted to cover something up, and the NDP self-righteously declared that they weren’t going to give Trudeau the election that he wanted, but would keep parliament going to get things done for Canadians. Of course, if Trudeau really wanted an election (which he doesn’t), he could just head next door to Rideau Hall on any given morning and ask Julie Payette to dissolve Parliament, but he won’t, because that’s not what today was about.

Part of what has irked me in this is the way in which the Conservatives’ motion was being described, which is innocuously. One writer went so far as to call it a “pedestrian motion,” which it was anything but, and I highly suspect that nobody actually read through it except for the two other procedural wonks in the Gallery. Aside from the inflammatory title of “anti-corruption,” or the proposed alternative whose four-letter abbreviation would have been SCAM (both instances that demonstrate that it’s a group of juvenile shitposters running O’Toole’s office who are treating the Order Paper as a game of who can be the most outrageous), the proposed committee’s terms of reference would have put the government at a structural disadvantage with three fewer members (generally committees in the current parliamentary composition are split, and on committees where the government chairs it, the opposition has the votes to outweigh the government), but it would have given the committee first priority for all parliamentary resources, and compelled production of all documents they wanted and witnesses to appear, no matter who. This essentially means that both ministers and the civil service would be at the committee’s beck and call, and that they would have to drop everything to attend it – which is what Pablo Rodriguez meant by the committee being meant to “paralyze” government. They could go on unlimited fishing expeditions with little to no ability to push back, and given the fact that there aren’t any smoking guns here, it would be constant wild goose chases while Parliament was unable to get anything else accomplished. More than that, it would also have enshrined that the prime minister’s extended family – meaning his mother and brother – would be considered legitimate targets, and have their financial information put into the open for no good reason. And funnily enough, not one story from yesterday mentioned these facts – not the Star, not the National Post, not CBC, nor The Canadian Press. Yet this seems like some pretty vital context for why the government would so strenuously object to this “pedestrian” motion.

There was another consideration, that former Paul Martin-era staffer Scott Reid expounded upon, which is control of the agenda. That’s a pretty important thing in a hung parliament, and under the current circumstances. Trudeau hasn’t been able to make much progress on any file (admittedly, much of this is his own fault for refusing to bring parliament back in a sensible way, followed by his decision to prorogue), but being hamstrung by that motion was going to make things moving forward near impossible. Now that he’s stared down O’Toole, I suspect he has some breathing room again.

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Roundup: Warning signs ignored by the RCMP

Monday morning was kicked off by a very good story over on Global about a lawsuit launched by former employees in the RCMP’s intelligence unit regarding the bullying of alleged spy Cameron Ortis, who awaits trial for allegedly stealing state secrets with the intent to sell them. The suit alleges that Ortis was bullying out anyone from his office that he didn’t like in order to install friends and people who would be pliant. While the government says they are going “look into” the matter – the fact that this was raised long before Ortis’ arrest and apparently ignored by the RCMP’s management is concerning.

Meanwhile, here’s former CSIS analyst Jessica Davis putting these allegations into perspective – and painting a worrying picture of our national security institutions in the process.

https://twitter.com/JessMarinDavis/status/1300398113430085636

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https://twitter.com/JessMarinDavis/status/1300399739284881408

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Roundup: The inertia around solitary

The story of what happened with the panel the government assembled to oversee its supposed elimination of solitary confinement in federal penitentiaries has been a slow-burning story this week, but indicative of some of the incomprehensible ways in which this government operates. The practice of solitary confinement has been declared inhumane and contrary to the Charter by courts across the country, and the government promised to reform it with these “structured intervention units,” but that was already dubious, and unlikely to satisfy the courts – and they knew that, but went ahead with it anyway. A year later, the panel that was supposed to oversee it quit in frustration because they couldn’t get any information they needed to do their work (and the Correctional Investigator gave Correctional Services a pass on this because apparently, they’ve been implementing new software and this has been a problem). But it was only when this story leaked thanks to Senator Kim Pate that Bill Blair sprang into action, promising to reappoint the panel and implement a “work plan” to get them the information.

Well, turns out members of that panel aren’t exactly keen to be reappointed because they’ve been jerked around for a year, and were doing this on a volunteer basis, which cost them a lot of time and money for nothing but headaches. But this all feels like another case of this government meaning well, and talking a good game without doing the actual work involved and then hoping that everything will be forgiven because they have good intentions. That’s not good enough, and yet they keep behaving like that’s all well and good. It’s not.

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Roundup: Congeniality by way of TV

Maclean’s has a profile of the TVO series Political Blind Date, which pits politicians from rival parties – sometimes from the same level of government, sometimes from different provinces – in situations that help them understand each other’s viewpoints and helps to break down the partisanship barriers. And this is great – but what it was missing was any particular context as to why partisanship has grown to such toxic levels in the first place, and that has a lot to do with parliaments and legislatures rejigging their rules to be more “family friendly.”

Until the early 1990s, parliament used to hold evening sittings three nights a week. At six o’clock, the House would adjourn, and everyone would head upstairs to the Parliamentary Restaurant (aided by the fact that there was a dearth of restaurant options in the area, and liquor laws were such that you bought a bottle of booze that was kept behind the bar in the restaurant with your name on it). MPs would eat together, drink together, get to know one another across party lines, and it developed a sense of congeniality, and at eight o’clock, they’d head back to the Chamber and debate for a couple of more hours. The arrival of the Reform Party and the move to end evening sittings to be “family friendly” ended the congeniality and cross-party opportunities to just be parliamentarians together. With no impetus to break bread together, caucuses grew insular, and it became easier to treat other parties as the enemy rather than just having opposing points of view. Now, it’s rare that cross-party friendships occur unless there is committee travel that helps MPs bond, but that’s not very often. It’s disappointing that we are now relying on a TV show to build these relationships which used to be part and parcel of being an MP.

What’s particularly sad is that this kind of thing is now infecting the Senate, which used to be a far less partisan place than the House of Commons, and for which many senators have formed close and long-lasting friendships across the aisle. They still have more of the convivial culture that the Commons did, but that too is fading as the new Independents, eager to burn things down and declare anyone with partisan affiliation to be tainted and in some cases the enemy (particularly the Conservatives), it is polarizing the Chamber, and souring the mood therein. For a move that was supposed to lessen partisanship, Trudeau’s brilliant attempt to reform the Senate is doing the opposite – just one more unintended consequence that nobody bothered to consider, and all Canadians suffer as a result.

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Roundup: Brison’s long farewell

It was a bit of a surprise yesterday morning, as Treasury Board president Scott Brison announced that he was resigning his cabinet position because he decided that after 22 years in elected politics, he had decided he wasn’t going to run again this fall. His reasons were mostly that it was time for something new, and the fact that he now has a young family – something that was largely inconceivable when he first got into politics, then as a Progressive Conservative – though that hasn’t stopped everyone from speculating that this has something to do with the upcoming trial of VADM Mark Norman, given that Norman’s lawyers are trying to insinuate that Brison had tried to politically interfere with the procurement process for the interim naval supply ship. (Brison denies this, and he’s not the one on trial, but here’s a thread on what this decision means on his ability to testify). One can’t also help but noting that this will be a bit of a blow for Trudeau as well, as one of his most experienced and competent ministers will be leaving the Cabinet table, and that will matter given the fact that there are still too many ministers that haven’t quite grown into their responsibilities yet.

This, of course, means that we’re now fully into Cabinet shuffle speculation, given that there is one coming on Monday to replace Brison. Every other member of Cabinet, save Jody Wilson-Raybould, has confirmed that they plan to run again in the next election (and Wilson-Raybould likely will as well – she was out of the country and didn’t respond to questions), so it’s unlikely that anyone else will be dropped at this point, particularly given the last shuffle wasn’t too long ago, so it’s an open question as to who will be tapped to replace Brison, and who will take the Treasury Board file.

On a personal note, Brison played a big part in my early days on the Hill, when I was writing primarily for LGBT outlets. When I was the Ottawa correspondent – and later political editor – for the now defunct Outlooks magazine, I had a monthly segment where I would ask Brison, Senator Nancy Ruth, and NDP MP Bill Siksay (later Randall Garrison after Siksay retired) a question every month to get queer perspectives from the three main parties, and that helped me to grow into the journalist that I am today. He was always generous with his time, and incredibly patient with my rookie status, and I will forever be grateful for that.

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Roundup: Duffy v privilege

As expected, the Ontario Superior Court dismissed Senator Mike Duffy’s attempt to sue the Senate for their disciplining him because the Senate is protected by parliamentary privilege. Privilege is what allows the Senate to be self-governing and as a body that is focused on holding government to account, it has complete institutional independence for very good reason – so that they can speak truth to power without fear of dismissal or reprisal. So imagine the utter gall of Duffy’s response to this ruling.

“The Charter of Rights applies to all Canadians, but the Court decision states that because of the centuries old concept of Parliamentary Privilege, the Charter doesn’t apply to Senators.” Oh dear me. No. You see, the only reason that Duffy still has a job in the Senate is because of parliamentary privilege. If he didn’t have the privilege afforded to him, he couldn’t have made the myriad of accusations about Stephen Harper and his operatives in the Senate Chamber on the eve of his suspension – not without fear of reprisal, particularly a lawsuit. That the Senate is self-governing and has institutional independence saved him from being summarily dismissed by the prime minister of the day when Duffy caused him a great deal of embarrassment. While I don’t dispute that Duffy was subjected to a flawed process that denied him the benefit of due process due to political expediency because, the fact that he received a suspension without pay that was eventually lifted, allowing him to resume his duties with full pay and serving enough time for his pension to kick in, means that he has pretty much escaped consequence for actions that he very likely would have been fired for in any other circumstance. That he then accuses the concept of privilege as stripping him of his Charter rights, when it has in fact protected him in every conceivable way, is utterly boggling.

Meanwhile, it seems clear that between this bit of self-pitying and the decision to pose with Senators Brazeau and Wallin while Brazeau tweeted that they “survived the unjustifiable bs [sic]” (since deleted), that there seems to be an insufficient amount of self-reflection at play, and that perhaps the three should continue to keep their heads down and not draw attention to themselves, because the public has not forgotten them.

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Roundup: Starting the Big Move

Yesterday was the final day that Centre Block was officially in operation. As of today, the big move starts happening, starting with the House of Commons chamber, and will be followed by the other major offices, like the Speaker, the prime minister and leader of the opposition, with the heritage furniture that will continue to be in use. And once that’s done and the building is empty, they can start to open up walls and ceilings to figure out the state of the building, and determine what needs to be done in terms of renovations and restorations, and from that point determine a price tag and timeline. At present, everything is just a guess, so we’ll have to stay tuned. (Here’s a photo gallery of the current House of Commons and Senate, and the new Commons).

The Senate, however, is a different story. Recent testing of the new chamber brought to light the fact that there are acoustic problems related to sound leakage that were first identified two years ago, and despite assurances from Public Works, it wasn’t addressed. That means they have to install new sound baffles which will delay the move by several weeks, which means that there will be even fewer weeks for the Senate to address its full Order Paper in the New Year. Committees can still meet in the meantime, but it seems the Conservatives have decided to engage in some gamesmanship over Bill C-69, which has the Independent senators are complaining about stall tactics.

Meanwhile, here is a lengthy thread looking at the new Senate building, and six facts about the building, its history, and the new renovations.

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