Tag Archives: Rona Ambrose

Roundup: Ambrose’s bill becomes law

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Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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Roundup: Misinformation in service of the Narrative

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Every now and again, coverage of a story gets me so riled up that I absolutely cannot even, and this happened last night on Power & Politics where once again, former Conservative interim leader Rona Ambrose was trotted out to complain that her bill on training judges in sexual assault law hasn’t passed. This is the fourth or fifth time that the show has had her on to complain, and every single time, they mischaracterise the legislative process, and absolutely ignore that her original bill was blatantly unconstitutional and was completely unworkable in a real-world scenario, and it needed to be rewritten entirely.

Every. Single. Time.

Part of the framing last night was that the bill is “stalled” in the Senate – except that isn’t true at all. It was sent to the Senate at the beginning of December, at a time when they were preoccupied with the assisted dying bill (which is under a court deadline), and it just got sent to committee now that the Senate is back from the winter break (which was longer than the Commons’ because they have so few bills on their Order Paper). In no way is the bill “stalled,” but this is the narrative that the show chose to run with, and facts be damned, that was how they were going to play it. The CBC’s flagship politics show was actively misinforming its viewers as to what was going on with this bill, which makes me really question its ethics, and those of the producers.

Aside from the misinformation about the process, over subsequent appearances, Ambrose has repeatedly maligned the Senate as holding up the bill because of the “old boys club,” which is patently absurd because the Senate is at essentially gender parity (unlike the Commons), she has also dismissed the concerns of judges as “arrogance.” But that’s in contrast to the concerns that judges themselves actually raised (and lo, I actually spoke to them in this piece I wrote about the original version of her bill). And yet there was zero pushback to these assertions, nor was there any mention of the first bill – or even mention that this version of the bill is basically just for show because it’s now useless (because that was the only way to actually make it constitutional).

There has been so much journalistic malpractice on this particular bill over the past several years, and it very much seems that there is a consensus Narrative about this bill that every media outlet has decided to service rather than actually challenge, and that’s a problem. The way this has been handled has been a complete disservice to Canadians, and I wish there was far more critical thinking among the media about this, rather than simply blindly servicing the Narrative.

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Roundup: An escalation of props

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The moment that “remote sittings” began, which morphed into “hybrid” sittings, MPs began with the stunts. First it was signs in their backgrounds – which were ruled out of order as props, then it was dress code violations, and during the first “hybrid vote,” we saw MPs have their kids and dogs in the frame, and one of them was conspicuously driving while he voted. None of this is good for the practice of parliamentary democracy (and no, I don’t care what people say about how great it is they had their kids with them). And of course, one MP decided to take it to the next step.

https://twitter.com/davidakin/status/1313542759727484929

How this particular stunt wasn’t declared a de facto prop I’m not sure, but you can expect that this sort of thing is only going to escalate the longer it goes on unless the Speaker puts his foot down right now and stamps it out. And to be honest, when I’ve been cautioning against the problems that normalising “hybrid” sitting was going to bring, I didn’t think to include that MPs would start pulling stunts in the name of being “first” or “historic,” as they keep patting themselves on the back for these days, and yet they found new ways to surprise me. This is not a good thing. And because the Speaker didn’t say anything yesterday, I can only imagine how many more locales we’ll start seeing in the coming days, ever-escalating until someone comes to their senses and declares this to be the same as using props. Because honestly – this is going to be a very bad precedent.

Rideau Hall

In an unusual move, Governor General Julie Payette has contracted the services of former Supreme Court of Canada justice Michel Bastarache to be a “constitutional advisor” in the ongoing saga of the investigations of her office for harassment and bullying issues. It’s very odd and problematic, and here is professor Philippe Lagassé to provide some added context:

https://twitter.com/LagassePhilippe/status/1313577963565322240

https://twitter.com/LagassePhilippe/status/1313578978368802820

https://twitter.com/LagassePhilippe/status/1313581941103493121

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Roundup: Threats over Keystone XL threats

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Back from the Victoria Day long weekend, prime minister Justin Trudeau started off his daily presser by announcing that the government had agreed to extend the partial border closure with the US for another thirty days, before he started talking about how the government was working to expand the eligibility for the Canada Emergency Business Accounts so that more small businesses and entrepreneurs could apply for them. He also made a plea to employers to rehire their workers and use the wage subsidy programme, which is why it’s in place, but I guess we’ll see what kind of uptake that will get. In response to questions, Trudeau said that they were trying working to create a national framework around things like testing and contact tracing before the borders could re-open, but this being areas of provincial jurisdiction, it requires that kind of cooperation. On the subject of the resumption of Parliament, Trudeau was dismissive, citing concerns over MPs who may not be able or willing to head to Ottawa (as though accommodations can’t be made). When asked about the comments by Joe Biden in the US that he would cancel the permits for Keystone XL, Trudeau reminded everyone that he supported the project even before he was prime minister.

On the Keystone XL file, Alberta has recently put a $1.5 billion financial stake, alogn with $6 billion in loan guarantees, in completing said pipeline (after they pleaded poverty on keeping teaching assistants on the payroll and refusing other forms of pandemic aid in order to force them into federal coffers), so they’re threatening legal action, and Jason Kenney is promising to file a trade action if Biden is a) elected, and b) revokes the authorizations. But it also many not be that easy, and Alberta could be on the hook for major losses if this comes to pass.

Good reads:

  • Here’s a deeper look into the commercial rent subsidy programme, where the details are still being negotiated with the provinces before it is finalized.
  • The National Post tried to get a picture of Ontario’s preparations for economic re-opening, and there seem to be a lot more questions than answers.
  • The President of the CMHC says that this pandemic could raise household debt levels and cause a drag on GDP growth. (You don’t say).
  • The Royal Canadian Navy is relying on US Navy drones to help locate the wreckage of the Cyclone helicopter that crashed off the coast of Greece.
  • Here is a look at the challenges of running election campaigns in a time of pandemic (but the piece omits that Saskatchewan needs to have an election this fall).
  • The UK has released a preliminary post-Brexit tariff list, which gives Canada a start in terms of what kind of trade deal we will have to work out by the end of the year.
  • A Toronto attack from three months ago has been reclassified as an incel terrorist attack, which is the first time that incels have been branded as such.
  • Apparently Andrew Scheer discontinued his process to revoke his American citizenship, given he was no longer going to be prime minister.
  • Rona Ambrose has joined the board of directors of a vape company.
  • The leader of the Quebec wing of the Green Party is accusing Elizabeth May of having consolidated power through her “parliamentary leader” role.
  • New Brunswick’s legislature is adapting to in-person sittings by having some MLAs sitting in the visitor galleries to maintain physical distancing.
  • Max Fawcett notes the curious silence from the usual “ethical oil” types about the news that Saudi Arabia is investing in the Alberta oil sands as others pull out.
  • Susan Delacourt delves into how closely the Canadian and American governments have had to work to keep the border closed, in spite of their divergent approaches.
  • My column delves into the Procedure and House Affairs committee report on virtual sittings and finds the fix is in to make virtual elements permanent post-pandemic.

Odds and ends:

https://twitter.com/RoyalFamily/status/1262505806664290305

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Roundup: Rushing a resurrected bill

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The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

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Roundup: Stop proposing bad rule changes

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Sound the alarm, because MPs – and Liberal MP Kevin Lamoureux in particular – are talking about changing the Standing Orders again. Lamoureux has apparently committed to bringing back Frank Baylis’ package of reforms, most of which were are either half-measures, or wrong-headed and will have unintended consequences that will simply make things worse. But as with anything, as soon as it’s been proposed, it becomes the politician syllogism – “Something must be done. This is something. Therefor we must do this.” Apparently, nobody learned a gods damned thing after Michael Chong’s garbage Reform Act, and we’re about to go through yet another attempted exercise that will wind up going badly. (I wrote about Baylis’ proposals last year).

There are a few things in the Lamoureux interview that I did want to highlight first, which is the talk about eliminating votes on Mondays and Fridays – that’s pretty much a given considering that they already don’t have votes on Fridays, barring exceptional circumstances like a vote-a-thon, and they rarely have them on Mondays either, and when they do, it’s usually in the evening, by which time most MPs should have arrived in Ottawa. I’m also going to give some major side-eye to MPs who complain that they could be doing more work in their ridings, because their jobs are in Ottawa. Their jobs are to hold the government to account by doing the work of things like scrutinizing the estimates, going through the Public Accounts, and studying legislation in committee. Their jobs are not actually about doing “casework” with constituents, most of which should be done by the civil service. An MP’s office is not supposed to be a Service Canada desk, and I wish that they would stop pretending that it was.

The other part that I’m getting increasingly irate with is the talk about developing a parallel chamber for the House of Commons, and dressing it up as “efficiency.” No. There is no reason for us to have one. It makes more sense in Westminster where they have 650 MPs, and there are fewer opportunities for them to have take-note debates on things in the main chamber, but we really don’t have either the need, or frankly the bodies to do it, because we already have enough of our MPs assigned to more than one committee outside of House Duty, so there are already not enough hours in the day for most of them. We also don’t need the hours for added “debate” on government bills – we need to reform how we’re structuring debate period. We don’t need additional time for private members’ business because it will only bottleneck in the Senate and die on the Order Paper anyway. There is zero rationale for it – but there is currently a romance with the notion, and so they keep proposing it. No. Stop it.

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Roundup: Ambrose rules out a return

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It was a day of a lot of movement within the Conservative leadership race, with big repercussions to come. Early in the day, we got word that two more names were added to the Conservative race – rookie backbencher Derek Sloan, and failed leadership candidate (and aspiring narcissist) Rick Peterson. Sloan has already come out and said that he’s open to having a debate over abortion, and he’s putting forward this absurd notion that they need to stop being apologetic about being Conservative – which would be great if the party actually put forward conservative ideas like market-based solutions to problems rather than just populist pandering. Shocking. Peterson, meanwhile, is continuing his schtick that his business success is going to translate to political success, even though he did abysmally in the last election and couldn’t secure a nomination to run in the election, which shows you just how profound his organizational skills are. Nevertheless, expect him to position himself as the “Western” candidate in the race.

And then the big bombshell – Rona Ambrose announced that she is officially out of the race. It wasn’t a surprise really, especially as word has been circulating in Conservative circles that she hasn’t made any phone calls or secured any kind of organization while she considered her options. Nevertheless, it now opens the race wide open because a lot of people who had been holding their breath and waiting for Ambrose to make a move can now make their own moves. It also means that currently, Marilyn Gladu is the only woman in the race, which can’t be healthy for the party either. (It also makes me wonder who the Red Tory in this race is going to be, because it’s not actually Peter MacKay).

And just minutes after Ambrose made her announcement, another would-be candidate, former staffer Richard Décarie went on Power Play to expound on his social conservative views. It went as well as can be expected.

While most of the other candidates quickly came out to condemn these comments, there are a few things to note here – Décarie is worth following because he has attracted some organizational heft, particularly from those who were behind Tanya Granic Allen in Ontario, and it’s not insignificant, and when you recall that Brad Trost did come in fourth the last time around. There is a particularly strong social conservative organization within the party, and they do a lot of fundraising and organizing, and that can’t be overlooked when it comes to a leadership race, where those to factors are going to count for a lot more.

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Roundup: Downed planes and disembarking royals

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The big news yesterday was obviously the crash of Flight PS752 outside of Tehran, with some 63 Canadians aboard (about half of those from Edmonton) – a large number owing to the limited travel options to go to Iran because of the loss of diplomatic relations with Canada, as well as US sanctions. Canada is hoping for a role in the investigation, but without any diplomatic relations or consular access, it limits our ability to do so (thanks to the belief of the Harper Conservatives that diplomacy is a cookie for good behaviour and not how countries communicate even when relations are strained). That lack of access will also make repatriating bodies more difficult, especially as Iran doesn’t recognize dual-citizens. In a press conference yesterday, Justin Trudeau would not categorically state that it was or was not a stray missile that brought the aircraft down – it’s still too early and the investigation has only just begun – but there is already talk that it may have been some kind of engine fire. Trudeau also mentioned his call with Donald Trump, but would not offer much in the way of specifics as to whether or not he agreed with the American plan to kill the Iranian general that touched off the attacks on Tuesday night.

Meanwhile, Justin Ling suggests that NATO take Trump’s suggestion and do more heavy-lifting in Iraq. Colby Cosh is reminded of when the Americans accidentally shot down an Iranian plane in 1988. Paul Wells notes how minimally this government seems to have acted in this crisis – and the weeks post-election – and suggests it’s time they get back to work.

Prince Harry and Megan

The other big news, in a day full of news, was the announcement that Prince Harry and Megan, Duchess of Sussex, plan to step down as “senior royals” and split their time with “North America” (which most are reading as Canada) and the UK, and focus more on certain patronages and charitable endeavours while looking to be more financially independent from the royal family (even though that could mean independent from the Sovereign Grant while still getting funded by the Duchy of Cornwall). And then Buckingham Palace said that this was “early days” and they were still discussing things – because it’s going to be a lot of details to work out.

https://twitter.com/PhilippeLagasse/status/1214992623942983680

https://twitter.com/PhilippeLagasse/status/1214996433587331072

It has been noted that if Harry in particular wants to go through the Canadian citizenship process, he may have some difficulty given that he doesn’t have a university degree, so that could limit his points – even if they do have connections to Canada. My own half-joking suggestion is that we could set them up in Rideau Hall, because it’s not like anyone is living there currently.

https://twitter.com/PhilippeLagasse/status/1214998671420469249

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Roundup: Building the Teck narrative

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While some of Jason Kenney’s usual mouthpieces and apologists start agitating for the Teck Frontier oilsands mine, it seems we need yet more reality checks about the project – particularly the economics. Because we have seen on more than one occasion where a project that wasn’t economically viable still achieves mythology status because certain people who think the idea of it is great will lie about its fate in order to suit their narratives *cough*Energy East*cough*. Anyway, here’s Andrew Leach with more.

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Roundup: Competing economic illiteracy

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As someone who covers a fair bit of economic stories, the absolute inability of this government to come up with a definition of “middle class” is exhausting – and those of you who read me regularly will know that I will instead use Middle Class™ as a means of showcasing that it’s a meaningless branding exercise. And lo and behold, when challenged to offer up a definition during one of his year-ender interviews, Justin Trudeau said that “Canadians know who’s in the middle class and know what their families are facing and we focus more on the actual issues.” And I died a little bit inside. For a government that keeps insisting they’re all about data, and evidence-based policy, their refusal to offer a meaningful measure of what their core narrative is all about is entirely about branding. By not offering a definition, they don’t have to exclude anyone – because everyone believes they’re middle class (whether they had ponies or not). And more to the point, by not offering a metric, they can’t measure whether they’ve succeeded for failed – it’s only about feelings, which makes their talk of data and evidence all the more hollow.

And then there’s Pierre Poilievre, who, when challenged about the definition of a recession, makes up a bullshit response and thinks it makes him clever. It’s as economically illiterate as the Liberals’ Middle Class™ prevarication, but the fact that the Conservatives keep cheerleading a “made-in-Canada recession” that no economist sees on the horizon, and which they can’t even fit into the actual definition of what a recession is (two consecutive quarters of negative GDP growth) sets a dangerous path of spooking markets. It’s all so stupid, and reckless, but the party’s current path of pathological dishonesty makes them blind to the danger of it all.

On perhaps a related note, Trudeau’s director of communications, Kate Purchase, is leaving to become a senior director at Microsoft, and good luck to her – and she really is one of the nicest staffers and was actually helpful to media in stark contrast to the Harper crew. But I also hope that perhaps this means that her replacement can start ensuring that this government can start communicating its way out of a wet paper bag, because cripes, they have done themselves zero favours over the past four years.

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