Tag Archives: NSICOP

Roundup: Rejecting the compromise for more theatre

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In spite of the Liberals proposing a compromise on the release of the Winnipeg Lab documents last week, the Conservatives have rejected the offer, citing that it was “months late,” and that the “will of parliament has not changed.” But this is wholly disingenuous—they did offer another compromise in June before Parliament rose for the summer, and Parliament dissolved before the challenge to the order could reach Federal Court, which may have settled the outstanding question of whether the Security of Information Act fettered parliamentary privilege or not.

This rejection makes it clear that this is not about the information—it’s about political theatre. If it was about the information, they would have let NSICOP review the documents and report back. But no—they first came up with the fiction that they didn’t trust security-trained public servants to properly redact the documents, and then they came up with the fiction that the prime minister redacts NSICOP reports, which he does not and never did, and handwaved about only trusting the Commons’ Law Clerk—who doesn’t have the training or context around national security to know what is a necessary redaction or not—to do redactions. (They also piled onto the same law clerk the redactions from pandemic documents for the health committee in the previous parliament, overloading his office and ensuring that they would never see all of the requested documents). The government provided avenues for the documents to be released, but the Conservatives have consistently decided that theatre was more important (particularly as they fed the “mystery” of these documents into conspiracy theories).

We’ll see how much patience the other parties have for this nonsense—and at this point, it is most definitely nonsense. They were happy enough to embarrass the government pre-election, so we’ll see if they still have the appetite to do so now. But at this point, this no longer has any bearing on accountability or being serious about national security. This is one hundred percent about political theatre, and it would be great if the pundit class of this country could call it out for what it is.

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Roundup: A newer, worse compromise

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The Speaker engaged in a bit of procedural housekeeping after Question Period yesterday, and ruled that the Board of Internal Economy’s vote on a vaccine mandate for MPs in the House of Commons was in fact a violation of MPs’ privileges—which most of us expected, because that’s pretty much what it was. It’s a moot point, however, because the motion passed that re-authorized hybrid sittings included the vaccine mandate for the Chamber, so there remains a vaccine mandate regardless of this outcome. It sounds like the Conservatives are satisfied with this ruling in that it doesn’t create a precedent for expanding the BoIE’s powers, so that’s not necessarily a bad thing in all.

At the same time, the government house leader proposed a compromise for the Winnipeg Lab documents, which had been floated before dissolution but is back on the table now—which is procedurally dumb because the committee that requested those documents is non-existent, as is the order to produce those documents. If said committee were reinstated and they vote on a new motion to produce documents, then the government should have floated this compromise then, but no, they’re going ahead with it unbidden, which is silly. This compromise would see the creation of a new committee that would be advised by a panel of three former senior judges who would vet materials—but again, this is stupid.

The compromise was the National Security and Intelligence Committee of Parliamentarians. That was the point. It was the right venue for these documents to go to, and that’s where those documents were sent, before the Conservatives decided that theatre was more important (and the other two parties decided that embarrassing the government was also the point). All this is doing is muddying the waters even further, duplicating efforts, and making MPs even less trustworthy to Canadian security and intelligence services. Because our MPs are not interested in actual oversight or accountability—they are only interested in theatre, and that diminishes our Parliament for everyone.

https://twitter.com/StephanieCarvin/status/1466554090452762626

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Roundup: The Ombudsman demands independence

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The military ombudsman put out a position paper yesterday that called for his office to be made fully independent, and he criticized the minister’s office and the Department of National Defence for trying to interfere in investigations and ignoring recommendations for change. In particular, he cited that turning a blind eye to his office’s recommendations advances political interest or has to do with self-preservation or career advancements within the defence community.

Readers may know that I have issues with the demands for yet more officers of parliament. The proliferation of these officers has become acute in the last decade, and while there is a need for an independent ombudsman for the military, I also have not been blind to some of the previous holders of that office, and some were very much unsuited for an office that has no accountability. I’m not sure what kind of a structure the ombudsman’s office should need to be, but again, making him unaccountable and completely insulated opens the role up to the kinds of abuses of authority we’re seeing with the last officer of parliament that was created (being the Parliamentary Budget Officer, who has become completely unmoored from his legislative mandate). Anyone who doesn’t share this concern obviously isn’t paying attention (and I can guarantee you that the media is not paying attention, because they like it when these unaccountable officers try to turn themselves into media darlings, as the PBO is doing right now).

When asked about this, Justin Trudeau said that he would put it to Justice Louise Arbour as part of her comprehensive review, so that the ombudsman’s office can be part of the solution to reforming the military, but I fear that she may recommend the officer of parliament route. Part of the problem right now is that the minister isn’t responsive, but I think the solution needs to be that the minister needs to go rather than the ombudsman needing additional powers. Would that we actually hold ministers accountable for their failures, but this government doesn’t seem to be too keen on that.

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QP: Not a question, but a direct plea

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On what promises to be the second last QP of the spring sitting, the three opposition leaders were all present, while Justin Trudeau as only available remotely, being in quarantine, once again leading only Mark Gerretsen in the Chamber. Erin O’Toole led off in person, in French, where he read a script about the military ombudsman’s comments on ministerial interference in investigations. Trudeau assured him they were working on the structural and cultural change necessary, including appointing Louise Arbour to reviewing the situation. O’Toole repeated the allegations in French, but didn’t phrase it as a question, but turned it into a plea to Canadians to vote out the Liberals. Trudeau repeated his same response in English. O’Toole then turned to the non-story about the Liberals paying for data services to a company owned by a friend of the prime minister. Trudeau stated this was for constituency casework, which was kept separate from political databases, and all rules were followed. O’Toole tried to turn this into an expansive statement about Liberal “corruption,” and demanded to know if any other contracts were given to Tom Pitfield, and Trudeau talked around the Conservatives slinging mud and hoping to see what would stick. O’Toole produced a document that claims that a contract was given to Pitfield, and Trudeau reiterated that the Conservatives were only focused on narratives and not facts, that all parties use case management databases, and all rules were followed.

Yves-François Blanchet led for the Bloc, in person, and complained about the new border measures announced yesterday, complaining they were arbitrary. Trudeau insisted this was part of a gradual reopening and more stages would be announced soon. Blanchet complained there were more rules than variants, and Trudeau said that while the leader of the Bloc may want simple answer, but they needed to ensure that Canadians were kept safe. 

Jagmeet Singh led for the NDP, and he railed about that military ombudsman’s report, and Trudeau read that they have been committed to structural and cultural change, and that they have taken more concrete actions recently, including some new appointments and $236 million in the budget. Singh switched to French to complain that some benefit were being reduced, and Trudeau recited that they were there for as long as Canadians needed them, and pleaded with the NDP to pass the budget.

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Roundup: Being called to the bar of the Commons

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Following the motion in the House of Commons that the head of the Public Health Agency of Canada has been found in contempt of Parliament for refusing to turn over national security documents to a House of Commons committee, and is being summoned to the bar of the Chamber on Monday, said PHAC president is faced with a possibly impossible choice – if he turns over the documents, he is in breach of the Privacy Act and the Security of Information Act. If he doesn’t turn them over, he is in contempt of Parliament and its powers of production – and he has not been guaranteed immunity if he turns those documents over, not that the MPs who demand these documents care.

What is perhaps more worrying is the apparently cavalier way in which this is being dealt with, as there is very little security around this. The Canada-China committee, which wants these documents, has no security clearances, nor are their communications even secure – the “hybrid” sittings are done over Zoom, and while it’s a slightly more secure version than the commercial one, it’s still not actually secure. As well, I am not particularly moved by the fact that they say that any redactions will be done by the House of Commons’ law clerk, because I’m not sure that he has the necessary security clearance to view the documents unredacted, nor does he have the background and context to read those documents in and apply redactions properly. This is a pretty serious issue that these MPs are handwaving over, and frankly, the way that they have abused the Law Clerk and his office over the course of his parliament by demanding that he perform the redactions on millions of documents that could wind up leaking commercially sensitive information has been nothing short of shameful. It certainly hasn’t been filling me with any confidence that any of the information will be treated with proper seriousness considering that they aren’t promising actual safeguards – or immunity. It very much makes this look more like grandstanding over a proper exercise in accountability.

Meanwhile, here is a history of people who have been summoned to the bar in the Commons, the last time which was in 1913, where the person refused to testify, and spent four months in a local jail until the parliamentary session expired. It’s a power that has very much fallen into disuse, but interesting nevertheless.

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Roundup: The problem with pulling out of NSICOP

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The demand for documents related to the firing of two scientists from the National Microbiology Lab reached a boiling point yesterday, as the House of Commons voted to summon the president of the Public Health Agency of Canada to the bar in the Commons to face censure – and turn over the document – while Erin O’Toole also declared that he was pulling the Conservative members from NSICOP, alleging that there is some kind of cover-up happening.

For weeks, O’Toole and Michael Chong in particular, have been trying to paint a story that these two scientists caused a national security breach at the Lab, and that there have been a string of resignations over it. There’s no actual evidence for any of this – all signs point to the firing as being over a breach of intellectual property protocols, which was coupled with the fact that there used to be a permissive culture in the Lab where scientists (especially those deemed “favourites,” and one of the two fired scientists was indeed a favourite), did whatever they wanted and staff were instructed to make it happen – but that management changes started to end that culture, and it’s currently a fairly toxic workplace. (Check out my interview with the reporter who’s been on this story for two years here). The government has insisted they can’t turn over documents because of privacy laws, and the vague notions about national security because the two were marched out by federal RCMP, without any elaboration, and this opacity just made it easier to build up conspiracy theories – especially when they could tie them into the Wuhan lab in China, were samples of other viruses were sent to.

O’Toole withdrawing from NSICOP, a mere day after new members were appointed to the committee, damages the national security oversight in this country overall. Yes, there are legitimate criticisms about how NSICOP is structured – especially when it bumps up against the realities of a hung parliament – but it could also have been used to build trust between national security agencies and MPs, so that when it came up for review in five years, they may have been able to move toward a more UK-like model where it became a parliamentary committee. (More history in this thread). Some national security experts, like Stephanie Carvin, have argued that it should have been where initial determinations about those documents could be made, especially because they could be read in context – you can’t just read national security documents cold and make sense of them. But there is an additional, cultural problem for opposition MPs in this country (of all stripes) is that they prefer to remain ignorant in order to grandstand, and that’s exactly what O’Toole did yesterday – grandstand at the expense of the trust with national security agencies, and the cause of oversight of national security by parliamentarians. Short-term partisan considerations once again take the fore. What a way to run a democracy.

https://twitter.com/StephanieCarvin/status/1405508435521806338

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QP: Preferring grandstanding to accountability or oversight

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While the prime minister remained in quarantine, we actually had three Liberals in the Chamber, for a change — Mark Gerretsen, Francis Drouin, and Marc Serré. Erin O’Toole led off in French, and read his scripted list of Sajjan’s alleged sins with a lot of conflation rather and random elements thrown in, and demanded his resignation. Chrystia Freeland started off by saying no woman should be subject to sexual misconduct, especially in the Forces, and added that they were committed to eliminating the toxic culture in the military. O’Toole switched to English to call on Liberals to vote for their motion to censure Sajjan, and Freeland repeated her response in English. O’Toole insisted that the toxic culture started with the prime minister, and wondered what Freeland knew of the Vance allegations, and Freeland responded by listing the great things on Sajjan’s record as minister. O’Toole then switched back to French and demanded the unredacted documents related to the National Microbiology Lab firings, and Freeland assured him that they take national security seriously. When O’Toole then ratcheted up the politicisation of NSICOP and stated that Conservatives would withdraw from the committee, and Patty Hajdu, a little flat-footed, said that she was disappointed to hear O’Toole say that.

Marilène Gill led for the Bloc, and she gave a rather torqued reading of what the vote on yesterday’s Supply Day motion on provinces amending their constitutions, and demanded the federal government apply Quebec’s Bill 101. Mélanie Joly assured her their legislation would protect French. Gill pushed the matter, and Joly accused her of pushing a sovereigntist agenda.

Alexandre Boulerice rose for the NDP, and in French, demanded the further extension of pandemic benefits, for which Carla Qualtrough listed the benefits in Bill C-30, which was why they needed it to pass. Heather McPherson repeated the question in English, and Qualtrough repeated her response.

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QP: No, that’s not what the inflation data show

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While the prime minister moved from hotel to at-home quarantine, his deputy was available instead. While there were fewer Conservatives in the Chamber than yesterday, the sole Liberal in the Chamber started out as Marie-France Lalonde instead of Mark Gerretsen, but they swapped places a short while later. Erin O’Toole led off in French, with a script in front of him, and he blamed federal spending for the decade-high inflation figures released this morning — which is not actually what those data showed. Chrystia Freeland declared that the biggest threat to economic stability was Conservative partisan games. O’Toole switched to English to focus on the rise in housing prices, and again seemed to think that the federal government has magic levers that can lower housing prices, to which Freeland repeated her assertion, given that they are blocking the budget bill. O’Toole retorted that the Conservatives had a Five-Point Plan™ to save the economy, and Freeland repeated that the Conservatives were standing in the way of the economic recovery. O’Toole then pivoted to a torqued reading of Harjit Sajjan’s record as minster, for which Sajjan robotically read that he won’t take lessons from the Conservatives and he was doing better. O’Toole then declared that he would speak directly to the voters in Sajjan’s riding, exhorting them to vote for Conservatives, and Sajjan stated that he was proud of his service, and raised the Conservatives’ record on abortion and Islamophobia.

For the Bloc, Yves-François Blanchet raised the new federal bill on Official Languages and how it counters Quebec’s Bill 96, and Mélanie Joly said that they were asking all parties to support their bill. Blanchet insisted that Quebec’s bill was threatened, and Joly stated that they would strengthen Official Languages and protect French.

Jagmeet Singh led for the NDP, and after railing about big banks in French, he complained that the government was cutting pandemic supports. Freeland stated that unless the budget bill passes, all supports will end. Singh switched to English to reiterate the question with some additional meandering around big corporations. Freeland asked in response why he was stopping supports by not helping to pass the budget.

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Roundup: C-10 keeps stumbling

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If there is any bill in recent history that is an object lesson in fucking around and finding out, it’s bill C-10, on amending the Broadcasting Act. Indeed, after the government, with Bloc support, moved time allocation while the bill was in committee, the five hours allotted to finish clause-by-clause consideration was apparently not enough, as it seems yet more MPs on the committee wanted to waste time fighting about things this bill doesn’t actually do. And lo, amendments that were passed after the five hours were up were deemed null and void by the Speaker, so once again, MPs found out.

This doesn’t mean that those amendments are necessarily gone for good – they can certainly be moved at report stage, where the bill is currently, though that may require extending the time allocation that was imposed on the current stage in order to be able to move and vote on said motions – and that leaves yet more opportunity for dilatory actions such as slow-voting and another point-of-order-palooza around remote voting. Barring that, the government can move them in the Senate, though that will be very uncomfortable as it will probably mean having to recall the Commons in a couple of weeks to pass the amended bill, which will be a gong show all around. Or, with any luck, it will be stuck on the Order Paper over the summer, and possibly smothered if the election call that the pundit class is so hell-bent on getting happens. Nevertheless – there is plenty of blame to go around for this state of affairs, not the least of which belongs to the minister for his singular failure to offer coherent communications around this bill at every opportunity, and most especially at committee.

I would add, however, that I have no patience for this notion that the bill saw “no real debate,” as certain individuals are claiming. It got more debate than most budget implementation bills – more than any bill I can remember in recent memory. Granted, we have no guarantee of the quality of debate, and considering that this bill has been the subject of a campaign of conspiracy theories (Internet Czar, anyone?), straw men, red herrings, and outright lies, while substantive and existential problems with the bill have largely gone unremarked upon, I can see a critique that the months of debate were short on substance. That said, I’m not sure how even more debate would have helped, other than to prolong the agony.

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QP: Security breach and securities regulators

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While the prime minister was off to the G7 meeting in the UK, the only Liberal in the Chamber was Francis Drouin, though Mark Gerretsen would replace him later in the hour. Erin O’Toole led off, accusing the government of hiding a security breach at the National Microbiology Lab. Jennifer O’Connell warned that O’Toole was playing a dangerous game, and that redacted documents were provided to the Canada-China committee and the unredacted documents went to NSICOP. O’Toole accused her of participating in a cover-up, and O’Connell accused O’Toole of not caring about national security. O’Toole scoffed, noting his military service, and worried there was a Chinese “infiltration” at the Lab, which O’Connell countered with a prof at the Royal Military College praising NSICOP. O’Toole then repeated his first question in French, got the same answer as before, adding that she used to be a member of NSICOP so she could vouch for its security. O’Toole repeated his allegation of a cover-up in French, and O’Connell, exasperated, noted that she wasn’t sure how many more times she could say that they turned over the documents in the appropriate way.

Alain Therrien led for the Bloc, accusing the government of trying to create a new pan-Canadian securities regulator which Quebec opposed. Sean Fraser noted that the office cooperated voluntarily with provinces. Therrien tried again, and Fraser repeated that Quebec was not bound to work with that office.

Alexandre Boulerice rose for the NDP, and he condescended to the government about the WE Imbroglio, and demanded that the government respect the Ethics committee’s report. Bardish Chagger thanked the committee for the work, but accused them of being more interested in partisan games. Charlie Angus then repeated the demand in English with added sanctimony and stretched the credulity of the allegations, and Pablo Rodriguez batted away the insinuations.

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