Tag Archives: Privilege

Roundup: The Chief Justice is not happy about mounting judicial vacancies

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The Chief Justice of the Supreme Court of Canada, Richard Wagner, wrote to the prime minister about the state of judicial vacancies, of which there are currently 88, and that this is causing problems with the criminal justice system. Of course, the problems in the system are multi-faceted—provinces aren’t resourcing courts, and they have provincial judicial vacancies of their own, but this was the Chief Justice, on behalf of the Canadian Judicial Council, pointing out that this is a problem that the federal government has created for itself, and needs to address.

This has been a problem this government has had since the very start—they insist on self-nominations rather than in doing the work of going out and identifying people who are suited for particular vacancies, and tapping them to fill them. It’s not just judicial vacancies either—it’s senators, heads of tribunals, Officers of Parliament, you name it. And because they insist on diversifying their appointments (which is a good thing!) this makes self-nominations even more difficult because the people they want to apply don’t, because they have been conditioned by society not to see themselves in those roles (i.e. they think judges are all old white men, so they don’t apply if they’re not). And the government knows this is a problem. It has been pointed out to them time and again, for years now.

But what do they do? Pat themselves on the back for all of the great appointments they’ve made so far. I wish I were kidding, but that’s their response, and it’s continually their response because a) they don’t like to admit that they’re going about these appointments in the wrong way; and b) they’re justifying their failure to do something about the mess they made for themselves. And it’s not like the previous guys were much better, with decidedly male-heavy appointments, and doing things like appointing Peter MacKay’s wedding party to the bench, because that also was not great. But this inability to learn from their failures is one of this government’s big problems as they get increasingly fatigued, and if they don’t do something about it, it’s going to cost them.

Ukraine Dispatch:

Russian forces fired 25 cruise missiles at Kyiv overnight on Tuesday, in advance of their Victory Day, of which 23 were shot down, claiming they hit ammunition stores. Their Victory Day parade was pretty spare, given how badly they have depleted their forces in the war. Meanwhile European Commission president Ursula von der Leyen visited Kyiv for Europe Day, which is in part a further signal that Ukraine continues in its intentions to turn westward away from Russia.

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Roundup: An abuse of parliamentary privilege

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I’m going to start off with the caveat that I don’t know a lot of what is happening in Nova Scotia politics, but I came across this story yesterday that is pretty concerning for the practice of parliamentary democracy across Canada. During debate on a bill around use of non-disclosure agreements in sexual assault cases, an independent MLA (formerly a Progressive Conservative but was ejected from caucus in 2021) tabled a document that she claimed was a non-disclosure agreement that a former female staffer had been coerced into signing with the PC Party. (To make things more interesting, said staffer died last year, and was working for this MLA at the time, and she says the document was found in the staffer’s effects—and, the party’s former leader was forced out over inappropriate behaviour toward a female staffer, so I’m not sure how many of these factors actually connect).

A government minister has since moved a motion to force her to retract her comments about the incident, and if she doesn’t, that she should be ejected from the Chamber until she does. And that’s a capital-P Problem. Said independent MLA has since complained to the province’s justice department that the move is unconstitutional…but the justice department can’t do anything about it, because this is clearly a matter that is within parliamentary privilege. But it absolutely violates all of our constitutional norms, and should be a warning sign about the lengths to which parties will abuse their majorities in legislatures to silence or bully opposition members. It sounds like the provincial Liberals and NDP will be opposing this motion, but the PCs do have a majority, so they may not be able to do much in the long run. I would not be surprised if the Speaker finds that the motion is out of order, but this is genuinely frightening about how much they are willing to abuse process and parliamentary privilege like this.

Don’t get me wrong—parliament or the legislatures do have the power to eject members, but it needs to be for very serious wrongdoing, such as being convicted of a serious crime, and if the member refuses to resign gracefully, then they can order the seat vacated. But those are extreme circumstances that have yet to be actually tested (because in virtually every case, sanity prevails and they resign with a shred of dignity still intact). But this is an unconscionable abuse of that power, an abuse of a parliamentary majority, and sets a very dangerous precedent for the future, and the PC members who thought this was at all appropriate should not only be ashamed, but should probably consider tendering their resignations for this debacle.

Ukraine Dispatch:

Ukrainian forces say they repelled 45 Russian attacks around Bakhmut over a twenty-four-hour period, continuing to grind down the Russian forces while they await more arms from allies like the US in order to begin the spring counter-offensive.

https://twitter.com/ukraine_world/status/1643326962226585604

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Roundup: Internet troll and wide-eyed naïf

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The occupation leaders started their turn to testify at the Emergencies Act committee yesterday, and it’s quite an interesting picture that they are painting of themselves. Chris Barber, for example, admits to being a racist internet troll who “saw the light” thanks to all of the love and hugs during the occupation (sure, Jan), but also tried to present himself as this wide-eyed naïf who couldn’t possibly understand the MOU about overthrowing the government, or who believed all the honking was just these truckers being excited. Yeah, so believable. There were, apparently, power struggles between the different groups and organisers, and things started to spiral out of their control. Gosh, you think? And when Barber was presented with an email with an assassination threat targeting Chrystia Freeland, he insisted he had no knowledge of this—because, you know, it was all peace and love. (Credit to Shannon Proudfoot for the troll/naïf descriptor).

Elsewhere, Doug Ford’s lawyers were at Federal Court to argue that the rule of law would be “irreparably harmed” if Ford and Sylvia Jones were forced to testify at the public inquiry or deal with any subsequent contempt proceedings, which…is a bit much. The judge in the case noted that the parliamentary privilege relates to criminal and civil courts, but does not specify public inquiries (because the basis of the privilege stems from a time when the Crown controlled the courts). Said judge also said he expects to have a decision by November 8th, which is two days before Ford and Jones are supposed to testify at the inquiry.

Ukraine Dispatch, Day 252:

Russian authorities in occupied territories have ordered the evacuation of civilians in an area near Kherson, which the Ukrainian government considers a forced depopulation, which is a war crime. Russians also fired missiles into an apartment building in the port city of Mykolaiv, and have destroyed about 40 percent of the country’s energy infrastructure as winter approaches.

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Roundup: Contradictions and poor intelligence practices

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There has been a number of competing threads in the ongoing Emergencies Act public inquiry, and a lot of police testimony that is contradictory, and contradicting their own documentary evidence. For example, one senior Ottawa police officer is claiming that they had the tow trucks all lined up and ready to go without the invocation of the Act—erm, except the documents don’t show that at all, and that they needed the Act to secure those services. There has also been a lot of alarming signs about the quality of police intelligence about the make-up of the occupation (which many leaders subsequently ignored anyway). The OPP did see an increasing risk of violence the longer it dragged on, particularly by those in the occupation who felt they were “at war” with the federal government, along with growing anti-police sentiment (presumably because police weren’t doing their bidding to arrest members of the government). The Commission has agreed to hear CSIS’ evidence behind closed doors.

Here’s former CSIS analyst Jessica Davis on the quality of that intelligence, and yikes:

Ukraine Dispatch, Day 245:

Both Russian and NATO forces carried out annual nuclear exercises, while Russia carries on its false narrative that Ukrainians plan to detonate a “dirty bomb” on their own soil in order to blame Russia—information operations entirely. While this was happening, Russian forces targeted 40 towns in Ukraine, killing at least two more people.

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Roundup: Ford tries to escape testifying

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Some drama is emerging from the Emergencies Act public inquiry, as we find out that Doug Ford and Sylvia Jones, his then-solicitor general, have refused to be interviewed by the Commissioner, and have refused to testify before it. Recall that just last week, Doug Ford said that he hadn’t been asked to testify when asked (because it makes no sense that he and Jones were not on the list). Well, today, we found out that they were asked, they refused, and now the Commissioner plans to summon them, but Ford intends to challenge that summons under the rubric of parliamentary privilege, which would seem to me to be abusing it, but there you have it.

https://twitter.com/SkinnerLyle/status/1584624171598086145

Meanwhile, the acting Ottawa police chief was testifying, and it was a lot more of the same when it comes to police not taking the threat of an occupation seriously, and them essentially ignoring the intelligence that was being forwarded to them, and lo, these “protesters” turned into an illegal occupation. There was also an email filed from RCMP Commissioner Brenda Lucki who said that they hadn’t exhausted all tools before the Act was invoked, for what that’s worth.

https://twitter.com/StephanieCarvin/status/1584574961339203586

https://twitter.com/aballinga/status/1584612932595638275

Ukraine Dispatch, Day 243:

Ukrainian officials are claiming greater success in shooting down drones attacking electrical infrastructure, but worries are now that Russia will try to detonate a “dirty bomb” within their territory as they have essentially announced the intention to do so and blame it on the Ukrainians doing it to frame Russia. If it wasn’t such a terrifying prospect, it would be really, really stupid. Meanwhile, doctors in the country are worried about spending the winter months in the basements of hospitals as electrical systems are under attack.

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Roundup: Supply cycle reaches its peak

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We’re now in day one-hundred-and-five of Russia’s invasion of Ukraine, and Russia has nearly seized the entirely of Luhansk, one of the two main Donbas regions. Thus far, Russia has turned over 210 bodies from fighters in the steel plant in Mariupol, exchanging them for Russian bodies.

Here is the tale of a fifteen-year-old Ukrainian boy who helped destroy an advancing Russian column by using a drone and alerting the Ukrainian forces of where to aim their artillery. Meanwhile, Ukraine has been trying to get its grain to markets by other means than by ship, but it is being beset by logistical problems, as their silos are full and a new planting season is already underway. Even if they could get their ships out of port, it will take at least a month or two to de-mine the corridors these ships travel.

https://twitter.com/UKRinCAN/status/1534287413304037376

Closer to home, it was the final day of the Supply cycle yesterday, meaning that the Conservatives got their last Supply Day, and then the House passed the Supplementary Estimates, which ensures that departments have money to function, and that it’s more aligned with the budget, because we have a mis-match between the budget cycle and the Estimates cycle that has grown over the past few decades, and when Scott Brison tried to align them when he was at Treasury Board, not only did the civil service resist, but the opposition accused him of trying to create a “slush fund” when he was trying to allocate funds to better align the Estimates and budget, and certain proposed programmes didn’t have their submissions delivered in time. Suffice to say, Brison tried, and when he failed, the government seems to have given up on fixing this very obvious problem that goes to the heart of why Parliament exists in the first place. Suffice to say, now that the Estimates are passed, the House of Commons could theoretically rise at any point. They likely will wait until at least the end of this week so that they can get the budget implementation bill passed, as well as Bill C-5 on mandatory minimums, but considering the filibusters or other dilatory motions going on around the broadcasting bill, the official languages bill, and the gun control bill, I would not be surprised if the House Leader decides to just go home a few days early and let everyone cool down over the summer.

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Roundup: Cynicism around new gun laws

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We’re now on or about day ninety-seven of Russia’s invasion of Ukraine, and the fighting has intensified in Sievierodonetsk, which Russia is trying to take before more Western arms arrive in Ukraine’s hands. Meanwhile, here is a slideshow of life in Mariupol now that the Russians have seized the city after laying waste to it.

Elsewhere, Europe has been trying to institute a ban on Russian oil in order to cut off Russia’s finances, but this has only been partially successful. To that end, all imports coming by sea have been banned, but crude by pipeline is still being allowed, which is only about a third of the total volume. Hungary has been a holdout in this, because they want guarantees that their oil supply security will be maintained (and Orban has been something of an ally of Putin, so that doesn’t help matters any).

Closer to home, the government used the opportunity of the most recent school shooting in the US to table their latest gun control legislation, which includes a freeze on handgun sales or transfers in this country rather than an outright ban, as well as a mandatory buy-back programme for assault-style rifles, and a new “red flag” system for licenses. While there isn’t a lot of daylight between the parties on these issues, there is nevertheless some very crass cynicism deep within the Liberal proposal. Matt Gurney lays a lot of it out in this thread (which I won’t reproduce entirely here because it’s long), which is worthwhile considering.

https://twitter.com/mattgurney/status/1531308859649888261

https://twitter.com/mattgurney/status/1531384075742765056

https://twitter.com/mattgurney/status/1531385918531182593

https://twitter.com/mattgurney/status/1531387184795852807

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Roundup: Theatre of the absurd, housing motion edition

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The closer the House of Commons gets to rising for the winter break, the more absurd theatre we see. Yesterday was case in point, with the Conservatives’ second and final Supply Day of the calendar year. The topic was housing, but their motion was a complete dog’s breakfast of nonsense, contradiction and outright unconstitutional demands. Because of course it was.

The point was made that the inclusion of the outright lie about capital gains taxes was a ploy for the Conservatives to say that the Liberals were not ruling it out when this motion as inevitably defeated (as indeed it was). But Liberal Mark Gerretsen though he was being crafty and tried to move a motion after QP to head off those talking points, trying to call for unanimous consent to reaffirm that they wouldn’t tax capital gains. But the motion didn’t pass, so Gerretsen tried to spin that too, and it’s just utterly stupid that I can’t even.

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Roundup: Swift passage, but not for the better

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In another surprising move, the Senate passed the bill to ban conversion therapy at all stages yesterday, with no committee study, meaning that it only needs royal assent now, which can happen at any time. But while this is a relief to many, it’s also a tad irresponsible.

The lack of study of the current bill in the House of Commons was a political gambit designed to keep the Conservatives from being trapped by their own social conservative members, and to avoid giving any more media clips about people supposedly overcoming “lesbian activity” and so on. The fact that this version of the bill is different from the one that passed the Commons in the previous parliament is relevant, and there are changes that deserved some actual scrutiny because there were live constitutional questions around them (and yes, I asked the minister about it during the press conference, and I asked other questions about the bill during the not-for-attribution technical briefing, but those are not on the parliamentary record). And yes, this matters because the Senate should have done the work that MPs opted not to do out of political expediency. That’s one of the reasons why the Senate is the chamber of “sober second though”—because they don’t have to deal with the political repercussions and ramifications when the politics wins out in the Commons.

Unfortunately, politics also won out in the Senate (which should be an indictment of its supposed more “independent” existence these days). Acting Conservative leader in the Senate, Senator Leo Housakos, in his speech to give the bill swift passage, said that this issue shouldn’t be made into a political wedge like the Liberals were doing. Which is ironic because it wasn’t the Liberals who were holding up the bill previously by slow-walking it, refusing to let debate collapse, and by putting up speaker after speaker to offer the same concern trolling. That wasn’t the Liberals being political—it was 100 percent on the Conservatives for that, and now they’re trying to shift that blame. Yes, passing this bill at all stages was the expedient thing to do, but from a process and a parliamentary perspective, it was not the right thing to do, and it’s going to make the courts’ jobs that much harder when this inevitably gets challenged and they have little on the record to go by.

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Roundup: Nothing unexpected in the Speech from the Throne

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In amidst all of the pomp and ceremony, there was very little that was unexpected out of yesterday’s Speech from the Throne, where Governor General Mary May Simon read the government’s planned agenda, talking about the fact that the pandemic is not yet over, and making high-level promises around climate action, reconciliation, and a nod to the rising cost of living. In a little over half an hour, it was over, and MPs returned to the House of Commons.

Two media narratives largely dominated the coverage the rest of the day: 1) this is basically the election platform, which erm, hello, is pretty much the point, and putting something shiny and new in there while in a hung parliament would be difficult and asking for trouble; and 2) daring the opposition parties to bring down the government, which they won’t do, but reporters will ask leading – if not goading – questions all the same. And because of the requisite chest-thumping that goes along with a hung parliament, we saw both the Conservatives and NDP talking tough about not supporting it (well, the NDP said that the Liberals shouldn’t take their votes for granted even though they pretty much can because the NDP are in no shape to back up their words), and the Bloc essentially acknowledging that they would support it because of course they will. Nobody is going to bring the government down over this and go to another election (because no, there is no other possible government formation possible with the current composition of the Chamber), so the Liberals will pass this, and their fall fiscal update, and one or two of the bills on their priority wish list before they rise for the holidays, and the Conservatives and the NDP will huff and puff about it, but that’s about as much as will happen.

Once the speech was over, the Conservatives immediately launched into a renewed round of procedural shenanigans once they got back to the House of Commons, and before Erin O’Toole read his response to the Address in Reply to the Speech from the Throne. First it was a point of privilege on the unresolved issue from the previous parliament on the Winnipeg Lab documents, in spite of the fact that the committee that wanted them doesn’t exist and the order they made also no longer exists. Then they went after the Clerk and the scurrilous allegations of partisanship (which, according to everyone I’ve spoken to – including Senate Conservatives – is ridiculous and office politics run amok in the House of Commons’ administration). The Speaker tried to cut that off, insisting that it should be dealt with at BoIE, especially as the Clerk cannot defend himself in the Commons, but they kept going after it, which is poor form and a signal that they want blood and they don’t care if they hurt the Clerk in the process. And after that, it was the vaccine mandate and the use of the Board of Internal Economy, demanding a vote on it – erm, which would just expose those who object to said mandate and tar those who object to the procedural use of the BoIE with the same brush, which seems politically foolish to me, but what do I know? (Affirming the vaccine mandate is part of the Liberals’ omnibus motion that would also restore hybrid sittings, for what it’s worth).

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