Tag Archives: Privilege

Roundup: Inappropriate behaviour but no traitors

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Of the testimony at the Foreign Interference committee yesterday was the prime minister’s current National Security and Intelligence Advisor, who spoke about the allegations surrounding MPs in the NSICOP report. She stated that, having seen that intelligence and its updates since the report, she’s seen no indication of “traitors” in our Parliament. What she saw in the intelligence was inappropriate conduct and a lack of judgment in certain individuals, but no espionage, sabotage, or putting of Canadian security at risk.

This brings us back to the next steps in terms of any bad behaviour by MPs or lack of judgment, and what should be done about it, and once again, the answer is and always has been that the party leaders need to get involved. That means security clearances, and full briefings on the materials, so that they know what has been alleged, and that they can take corrective action in some fashion. (And before you say anything, yes Poilievre has a clearance as a former minister, but he has refused to be briefed under the specious reason that if he gets briefed, he’ll be “gagged,” which is nonsense and he knows it).

But as Philippe Lagassé points out, the chair of NSICOP also should have done more to be transparent than simply say what was in the report is enough, and leave it at that. Most people didn’t and won’t read the report, and media outlets taking those two or three sentences without context elsewhere in the document didn’t help either. Elizabeth May demonstrated that he could have gone further and said more without breaching any kind of confidentiality, but he chose not to for his own reasons, and so we’ve had months of suspicion for little reason.

Ukraine Dispatch

A Russian missile hit the port in Odesa, killing six, injuring eight, and damaging a Panamanian-flagged container ship. A further drone attack in the same region hit an apartment building, injuring another five. A Ukrainian drone strike has hit another Russian arms depot, which includes arms provided by North Korea.

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QP: Concern trolling your own filibuster

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The PM was in Laos, his deputy elsewhere, and all of the other leaders were present because Wednesday. Pierre Poilievre, fresh out of his no-speaking-for-one-day punishment, began in French, and he claimed that he would have liked to use Parliament’s time to deal with pressing issues but they’re paralysed because the prime minister has refused to turn over documents. (Seriously?!) Karina Gould said this was all false, and read the RCP’s concerns with the production order, and they could send this to committee today. Poilievre listed selective facts to make this seem more scandalous than it is, and wondered if someone steals from you whether you call the cops or send the matter to committee. This time François-Philippe Champagne recited that Canadians are tired of these games and slogans, and that they have had enough of filibustering, and that they will always protect rights and freedoms. Poilievre switched to English to retread his first concern-trolling question, and Gould reiterated that this was not true and repeated the RCMP’s statement. Poilievre again listed the selected facts, and claimed the minister’s story was changing (false), and mocked the notion that this would cause Charter rights to come cashing down. Gould said this was a typical witch-hunt to go after things that have nothing to do with the events, such as personnel files of people not implicated by events, and repeated that this should go to committee. Poilievre scoffed at the notion that this was a witch hunt, and mischaracterised the relationship between the government and SDTC. Gould said that if the police request documents, they are turned over, but this is an abuse of authority.

Yves-François Blanchet led for the Bloc, and worried about the Bloc’s Supply Management in the Senate. Lawrence MacAulay recited that they support Supply Management, and they are encouraging the Other Place to pass it. Blanchet railed about the two senators allegedly holding up the bill, and Marie-Claude Bibeau recited the support for Supply Management before noting they appointed independent senators, which is a concept the Bloc should understand. 

Jagmeet Singh rose for the NDP, and was incredulous with the story that “corporate landlords” are using AI to jack up rents (which is not federal jurisdiction). Sean Fraser said it was too bad the NDP decided to walk away from the government’s attempt to do something about the situation. Singh then turned to the reports that government lawyers are claiming that there is no duty to provide First Nations with water. Patty Hajdu said that they Have been fixing the mess the Conservatives left, and urged the NDP to support their safe drinking water bill.

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Roundup: Committee as clown performance

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Because we no longer really have a Parliament, but merely a content creation studio that occasionally passes legislation, we find ourselves in yet another series of events where the institution is being weaponized for social media content. It’s not just the privilege filibuster happening in the House of Commons, though that definitely is happening (the Conservatives are taking the opportunity to get the words “corruption” and “Liberal insiders” in all of their talking points so they can create clips from them, never mind that the word “Liberal” was nowhere to be found in the Auditor General’s report on SDTC). Today, Jagmeet Singh has decided he needs another stunt for his own socials.

Singh plans to attend the Natural Resources committee meeting after Question Period, so that he can “stand up to big oil and gas,” by which he means the CEO of Cenovus Energy and the vice president of the Canadian Association of Petroleum Producers, both of whom are appearing by video conference as part of the study on the Trans Mountain Expansion. To drive home the point, party leaders don’t appear at committees (Elizabeth May occasionally accepted, because hers is a party of two, and she occasionally wants to participate in a committee meeting). Singh, however, is going tomorrow for the sole purpose of putting on a dog-and-pony show for the cameras.

This isn’t Singh’s first time doing so, mind you. He did it with the grocery CEOs, where he comically brough in a huge stack of papers, claiming they were questions from Canadians to those CEOs, but he didn’t ask a single one, but merely soliloquized for the cameras in the NDP’s designated spots. It was a pure clown performance for the sake of clips, but the NDP fell all over themselves to insist how great it was, and now Singh wants to do this again. Why now? Well, probably because he slit his own throat and immolated what little credibility he had when he walked away from his agreement with the Liberals in bad faith, and played into Pierre Poilievre’s hands, and now he wants to redeem himself and play up his precious illusions about sticking it to corporations. You can bet this is going to be another clown show that he’ll pat himself on the back over, and absolutely everyone’s time will have been wasted.

Ukraine Dispatch

Russian shelling killed one and injured five in the Kherson region, and guided bombs killed two and inured thirty in Kharkiv. Russian forces have reached the frontline city of Toretsk, and they are advancing to the centre of the town. Ukrainian forces are maintaining “sufficient pressure” on Russian troops in the Kursk region of Russia, as they hold captured territory for a third month.

https://twitter.com/defenceu/status/1843704158240821371

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QP: Getting clips saying “corruption”

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They PM was jetting off to Laos for an ASEAN summit, while his deputy was also away in Toronto, leaving the rest of the front bench to fend for themselves. Most of the other leaders were also absent, and the Speaker had ruled that Poilievre would not be allowed to speak for the day because he didn’t withdraw his remarks that Mélanie Joly was pandering to Hamas supporters. That meant Melissa Lantsman got to lead off, and she started off on the SDTC production order and the privilege debate, and rhetorically wondered what was in the documents and how bad it was. Arif Virani got up and wanted to note the events at the protest in Vancouver yesterday, led by Samidoun, which he unequivocally condemned. Lantsman said it was glad that they finally found the courage to condemn something, and returned to demand the documents again, and this time, Karina Gould read the Speaker’s ruling that the matter be sent to committee. Lantsman decried that the government was in contempt, and again demanded the document, alleging a cover-up. Gould reiterated that they were ready to move this to committee and that only the Conservatives are obstructing their own motion, because they don’t want committee testimony to show how this was an abuse of power. Pierre Paul-Hus took over in French, and read a quote from a Montreal cop who decried people getting bail. Virani said that there was a provincial element to the administration of justice, and he should probably talk to François Legault. Paul-Hus scoffed at this, and again decried bail decision. Virani repeated his answer about provincial culpability. 

Alain Therrien led for the Bloc, and demanded the government force the Senate to pass their Supply Management bill. Marie-Claude Bibeau gave the usual lines that they support Supply Management and that they expect senators to pass it. Therrien tried again, and Bibeau said that Senators are independent, which is a concept the Bloc should understand. 

Peter Julian rose for the NDP in French, and decried landlords who use AI to raise rents. Sean Fraser said that they need to identify solutions rather than just pointing fingers. Bonita Zarrillo read the same in English, with the added focus of decrying her attempt to study this at committee, and Fraser said that he can’t tell his MPs on the committee what to do, and listed measures they are taking.

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QP: Politicizing October 7th

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A new week in Parliament, and the prime minister was absent, but his deputy was present, and most of the other leaders stayed away as well. Pierre Poilievre led off in French, and he rattled off slogans before raising the privilege issue, listing off the conflicts of interest at SDTC and demanding the government turn over documents. Karina Gould said that this wasn’t true, that the matter has been referred to the committee for study, and it was up to the Conservatives to send it there. Poilievre switched to English to rattle off his slogans again, and to once again demand the government turn over the SDTC documents. Gould repeated that everything was false, that the motion was to send the matter to committee, which the Conservative don’t want to do that because they would know that they are trying to violate Charter rights with this production order. Poilievre mocked the notion that people will lose Charter rights if police get evidence (erm, you know what illegal search and seizure is, right?) and demanded the documents. Gould reiterated that this was demonstrably false and that the motion was to go to the committee, and the Conservatives were blocking that. Poilievre then turned to the October 7th commemoration, denounced antisemitic chants, and demanded the government to the same. Mélanie Joly read the names of Canadians killed in the attack, and read some remarks about the hostages. Poilievre reiterated the point about the chants, and demanded a denunciation again. Arif Virani then got up to say that their solidarity is with Jews in Israel and Canada, and that they stand up against acts against hatred in this country.

Alain Therrien led for the Bloc, and demanded the royal recommendation for their OAS bill. Steve MacKinnon noted that he met with seniors over the weekend, and listed the measures for seniors the Bloc voted against. Therrien dismissed the “procedural issues” at the heart of the matter (my dude, democracy IS procedure), and this time Lawrence MacAulay noted their support for Supply Management and that they encourage the Senate to move on that bill.

Peter Julian rose for the NDP, and in French, decried rising rents, as though that were a federal jurisdiction. Jean-Yves Duclos said that they were right to oppose the Conservatives, trotted out the six housing units myth, and denounced Poilievre calling social housing “Soviet.” Blake Desjarlais got up to decry that the government broke housing promises to Indigenous people. Duclos noted that they have been building tens of thousand of units for Indigenous people. 

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Roundup: Filibustering their own motion

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The current privilege fight has ground business in the House of Commons to a complete halt, thanks to the tactics of the Conservatives, and they are trying to use this as some form of blackmail on the government, particularly as the government has been unable to move the legislation around the capital gains changes. Andrew Scheer even tried to be cute during the Thursday Question yesterday and said that if the government can’t conduct its own business, then they should call an election. Because of course he did.

While I won’t relitigate why this is an abuse of privilege that sets a terrifying precedent, it has been called out by the Government House Leader that the Conservatives are filibustering themselves because the whole point of this is that it’s supposed to go to the Procedure and House Affairs Committee so that it can be decided upon what should happen, but that’s inconvenient for the Conservatives. They would rather put up every single MP to speak to this issue to run out the clock, and so that they can all recite prepared scripts that scream “Liberal corruption!” even though that’s not what the Auditor General found. (Yes, there were conflicts of interest, but the government was not implicated in this at all). Gould asserts that the Conservatives are trying to keep it away from committee because the moment that committee starts calling witnesses, legal experts will point out the abuse of the parliamentary privilege powers and that this is banana republic behaviour, and she’s not wrong, but the bigger issue here is that the plan  of the Conservatives is to make the House of Commons as completely non-functional as possible through abuse of this privilege debate (which again, should have been over in a couple of hours at most with the matter sent to committee) so that they can claim further justification for an election.

If the other opposition parties wised up and stopped playing along with the Conservatives in their desire to embarrass the government for their own partisan aims, Parliament could be functioning a lot more smoothly and things they want to get passed could, but none of them seem to care much about the long-term implications of their actions (like the banana republic precedents) because scoring points is too much fun. There also remains that the government could prorogue Parliament for a day or two in order to kill the privilege motion, but that could set them up for bigger headaches, particularly as they want certain bills out of the Sente and prorogation would reset the clocks on them. In any case, the dysfunction is intentional, and the Conservatives need to be called out on the lies they are spreading to justify this behaviour.

Ukraine Dispatch

Russia launched a major drone attack over Ukraine, targeting 15 regions; casualties included two adults and a child after a drone struck a fuel truck in Chernihiv. Ukraine did hit Russian radar stations inside the country with long-range missiles, while Ukraine’s top commander has ordered defences bolstered in the east after the loss of Vuhledar. New NATO secretary general Mark Rutte visited Kyiv as his first trip in his new role.

https://twitter.com/ukraine_world/status/1841746253052321929

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QP: Poorer than Alabama

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The prime minister was jetting off to Paris for the Francophonie summit, and his deputy was off to Toronto, so other leaders also took the cue to be absent for QP. Pierre Poilievre, however, was there and started off in French by listing times the Bloc leader supported the government, and wondered if the government wanted to thank him. Jean-Yves Duclos talked about dental care, and all of the seniors getting treatment, which the Conservatives claim doesn’t exist. Poilievre then turned to the current privilege fight and that the government is refusing to turn over documents related to SDTC. Karina Gould called this out as misleading and an attempt to overturn Charter rights and politicising police independence. Poilievre repeated that in English, and Gould repeated her response with the added coda that if Poilievre doesn’t understand that, it would be worse if he does understand and doesn’t care about Charter rights. Poilievre turned to the police shooting in Toronto yesterday and trotted out the “hug-a-thug” line. Gould said that while their hearts go out to the officer, but turned to the issue of Poilievre trampling Charter rights. Poilievre complained about the Charter rights of criminals and asked the Liberls “What is wrong with you people?” After being warned by the Speaker about directing questions through the Chair. Arif Virani reminded him that bail is decided upon by provincial-appointed justices of the peace and Crown prosecutors.

Alain Therrien led for the Bloc, and demanded a royal recommendation for their OAS bill or face an election. Steve MacKinnon pointed out that the Bloc voted against dental care when 6,900 people in his riding were signed up. Therrien pointed out the number of seniors on MacKinnon’s riding not getting the OAS enrichment, and MacKinnon reminded him that the government’s track record on taking care of seniors spoke for itself.

Alexandre Boulerice rose for the NDP, and complained about rent, which is a provincial jurisdiction. Duclos got up to talk about how Poilievre dismissed social housing as “soviet.” Bonita Zarrillo demanded immediate enhancement to the Disability Benefit, to which Kamal Khera read her bankrupt talking points about how historic the clearly inadequate is.

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Roundup: Setting a precedent in this privilege fight

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There was a privilege debate in the House of Commons yesterday, and it’s expected to carry forward through today, on the subject of the refusal by certain entities, including the Auditor General, to turn over documents related to Sustainable Development Technologies Canada with the intention that they be turned over to the RCMP, even though the RCMP says they don’t want them, in part because it could be tainted evidence that may not stand up in court. This has been an abuse of the Commons’ privilege around the production of papers, in large part because they’re not for the benefit of the Commons or its committees, but to turn them over to the RMCP, which is also interference in their independence. Having politicians direct the police in terms of who they want investigated is the stuff of banana republics or authoritarian regimes, and it amazes me that neither the Bloc nor the NDP could recognize that fact in their quest to use any tool at their disposal to embarrass the government.

The government’s counter-argument to this abuse of privilege is not only that this erodes the independence of officers like the AG, or the RCMP, btu this becomes a dangerous precedent when it comes to Canadians’ Charter rights, particularly around unlawful search and seizure. The Conservatives mock this argument in saying there is no Charter right for government documents, but that’s the thing about precedents when you have a party who is willing to use the authoritarian playbook to their own ends. Today it’s government documents, but how long before it’s a private individual whom they want to embarrass or to encourage police intervention? We watched the Conservatives (with the assistance of the Bloc and the NDP) haul one of the partners from GC Strategies before the bar of the House of Commons, against his doctor’s wishes because he was in the midst of a mental health crisis, because they wanted to embarrass him publicly. It looks like we’re about to get something similar with Randy Boissonnault’s former business partner, who is the subject of the second privilege debate that will be taking place, possibly later today, who has also not turned over demanded documents to the committee as they are on a witch-hunt to find “corruption” that the Ethics Commissioner has repeatedly found no evidence of. And as a reminder, there has been no evidence of any criminal behaviour with the SDTC allegations, but they are trying to find that evidence using the most ham-fisted and abusive methods possible.

Having parliament go after private citizens because they’re on private little crusades, mostly for the benefit of social media clicks, is a terrifying prospect for the future, and yet we are careening down that pathway. Speaker Fergus has been useless in putting his foot down against the abuse of Parliament’s powers in this way, and we may yet be in for another Supreme Court of Canada showdown on defining these powers and when parliamentary privilege because state-sanctioned harassment. But in the meantime, we’ll see the Conservatives drag out these privilege debates in order to derail the government’s agenda, because that’s the level of absolute dysfunction we’re at.

Ukraine Dispatch

A Russian guided bomb struck an apartment block in Kharkiv late Wednesday, injuring at least ten civilians. There were also drone attacks on port infrastructure in Odesa and attacks on power systems in Sumy region. Ukrainian forces are withdrawing from Vuhledar after two years of grinding combat, which some describe as a microcosm of the current state of the conflict.

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QP: Full of shameless slogans

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It being Wednesday, proto-PMQ day, the prime minister was present, while his deputy was elsewhere. All of the other leaders were also present, and for a second day in a row, before things could get started, a new MP was introduced to the Chamber, this time for the NDP. Pierre Poilievre led off in French, and he worried about a recent report on housing costs in Montreal, and demanded an election. Justin Trudeau said that slogans don’t build homes or meet Canadians’ needs, and that meant hard work, in partnership with municipalities. Poilievre took undue credit for conditions when he as “housing minister,” and made a list of false claims to demand an election. Trudeau said that the Conservative don’t really want to cut taxes because they voted against removing the GST on rentals, and didn’t have a plan. Poilievre kept going in French to denounce capital gains taxes before switched to English to demand an election. Trudeau, in both languages, said they are asking the wealthiest to pay a little more to build more housing. Poilievre claimed that New Brunswick was challenging the carbon levy in court (not actually true), and demanded an election. Trudeau pointed out that provinces have all lost at the Supreme Court when challenging the levy, and they won three elections on the carbon price. Poilievre read the bullshit from Scott Moe that the carbon levy means firing teachers and nurses, and again demanded an election. Trudeau said that Poilievre wants to abandon the fight against climate change and take away the rebates people rely on.

Yves-François Blanchet led for the Bloc, and claimed that the seniors minister said that the seniors groups on the Hill yesterday were separatists. Trudeau said that the government was already there for seniors, and that they weren’t interested in petty partisan games. (Well…) Blanchet note that the House of Commons, in different capacities, has voted for their OAS bill (which is ultimately not voteable) and demanded the PM bring his minster to order. Trudeau trotted the various times the Bloc vote against seniors.

Jagmeet Singh rose for the NDP, and blamed the federal government for rental increases by “corporate landlords.” Trudeau noted the things the government was doing for affordable housing. Singh then worried about unsuitable housing for Indigenous people, decrying delays, and Trudeau noted the tripling of investments and that they are investing with Indigenous communities, and that they were actually delivering.

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Roundup: The Bloc vs the Senate

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The Bloc Québécois are getting a taste of what the Senate does and why, and they’re not happy. The Senate has been slow-walking Bill C-282, which aims to forbid a government from negotiating any further reductions to Supply Management in trade negotiations, and it’s a bad bill. Nevertheless, it passed the House of Commons, because MPs are sometimes sentimental fools and will vote for things that they think are feel-good without actually thinking through the consequences. This was one such bill, where MPs voted on it nearly unanimously because they fell all over themselves to show how much they all loved Supply Management, neverminded that it’s a bad bill. Now that it’s in the Senate, with some actually knowledgeable former senior civil servants in the Chamber who know what they’re talking about have the bill in their hands, and they’re not giving it an easy ride.

The essential complaint is that the bill constrains the royal prerogative around trade negotiations, which could have serious consequences down the road. I’m not sure it’s quite as serious as that—you can’t really bind future governments and this bill, should it pass, could be easily repealed (say, in the next budget implementation bill), but there won’t be an easy passage on this, and for good reason. The Senate exists to put a check on the populist excesses of the House of Commons, which is why they have an absolute veto (only exercised in extreme circumstances, mind you), and who can say “Hey, you guys didn’t do your due diligence, so now we’re going to.” It is their raison d’être, whether MPs like it or not, and it’s especially important for private members’ bill because they are pre-time allocated under the rules and get very little scrutiny, even when they really need it.

The Bloc, however, are trying blackmail. In Question Period yesterday, they were demanding that the government tell senators to pass the bill, or they’ll topple the government. But the government can’t tell the Senate what to do, and as I mentioned in a previous post, there is no mechanism by which the Government Leader in the Senate could fast-track such a bill, even if they wanted to, because it’s a private member’s bill. Furthermore, with a Chamber of mostly-independent senators who have a job until age 75, they are not bothered if the government falls. The blackmail doesn’t really work on them because their seats aren’t in jeopardy, and I’m not sure what the Bloc thinks they’re doing, particularly in trying to blackmail the government into passing this bill as well as their OAS bill (which remains unvoteable as they are unlikely to get a royal recommendation). In either case, they are learning the hard way that the Senate is not a rubber stamp and they can’t expect to order it around as though it were.

Ukraine Dispatch

Three people were killed in a Russian missile attack on the central city of Kryvyi Riv, and another three were killed in a drone attack on the southern city of Izmail. Nine children taken to Russia during the invasion have now been returned to their families in Ukraine thanks to help from Qatar.

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