Roundup: The next SCC justice

Stephen Harper surprised pretty much everyone when he suddenly announced that the next Supreme Court justice will be Suzanne Côté, a Quebec litigator and the first woman to be appointed to the top court directly from private practice. Côté is known for her expertise commercial contracts, banks, bankruptcy, shareholder disputes, real estate law and the Competition Act, and yes, the Quebec Civil Code. What is different this time is that there was no parliamentary process when it comes to vetting the appointment in any way, or in drawing up a short list, after the disaster that was the Nadon appointment. While the government insists that they were concerned about leaks, the opposition parties have consistently insisted that any leaks came from the government side. Carissima Mathen gives some of her thoughts on the appointment.

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Roundup: Voices from the past

A number of has-been pro-life (and homophobic) former Liberal MPs sent out an open letter to Justin Trudeau decrying his decree that a woman’s right to choose is a Charter issue and not a matter of conscience. They decried it as “anti-democratic,” never mind the fact that this was the policy voted on by the party’s membership during the policy convention before Trudeau won the leadership. Oops. The pedigree of these former MPs is also worth mentioning, as several of them quit the party to join the Reform Party, while others left over the same-sex marriage issue. Not surprising, most Liberals simply shrugged off the whole thing, while Trudeau tweeted out a fairly decent comeback.

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Roundup: Ratifying the FIPA – everybody panic!

The big news is that Canada ratified the Canada-China Foreign Investment Protection and Promotion Agreement (FIPA) yesterday, after months of delays. Immediately the NDP freaked out, while Elizabeth May called it the worse day for Canadian Sovereignty since 1867 (never mind that Canada never actually got treaty-making powers devolved from the UK until the 1920s and control over foreign policy in the Statute of Westminster in 1931). Apparently ensuring fair treatment for Chinese companies in Canada, and perhaps more importantly Canadian companies in China – where the rule of law is not really the same as it is here – is a terrible, terrible blow to our sovereignty. Economist Stephen Gordon, however, is trying to remain the voice of reason:

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Roundup: A tax credit, not a cut

Joe Oliver announced cuts to EI premiums for small businesses yesterday – but it’s not quite as easy as it sounds. It’s actually more of a tax credit only on the employer side, and only for two years, which Oliver insists is not a sign of worry, but “confidence” that they’re on the right path. Um, okay. Economist Stephen Gordon, meanwhile, shows that this kind of tax credit is actually more counterproductive because it encourages these businesses to stay small for tax reasons, and that by not actually cutting payroll taxes, they are not actually creating the right conditions for all small businesses to hire.

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Roundup: A guilty verdict for Sona

The verdict is in, and former Conservative staffer Michael Sona has been found guilty of aiding and abetting the fraudulent robocall scheme in Guelph in the last election – though the judge made it clear that Sona was not the only one involved, and cast a lot of doubt on the testimony of Andrew Prescott, who was given immunity in exchange for said testimony. All throughout the process, Sona had tweeted about the poor quality of the Elections Canada investigation, and the judge seemed to echo some of those sentiments, but nevertheless found Sona to bear some culpability. The Conservatives, meanwhile, insist that they ran a clean and ethical campaign, and that this is just a couple of bad apples – but as Michael Den Tandt notes, the number of bad apples are piling up on the watch of this prime minister, and that question of judgement which Harper claims to be an issue when it comes to Justin Trudeau can be laid as much at his feet as well. Sona won’t be sentenced until mid-October, and he sounds like he’s preparing for the worst – prison time. There remains the possibility for him to appeal, but the grounds for appeal are fairly narrow and they would have to prove that the judge erred, and they couldn’t introduce new evidence in the case, such as having Sona testify in his own defence, which he didn’t during the trial.

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Roundup: Referring the file to Elections Canada

It probably wasn’t unexpected, but the Board of Internal Economy has ruled that the NDP has broken the rules with their “satellite offices,” and wants Commons administration to figure out how much they need to repay for those staffers, most of whom are either working from home or out of Thomas Mulcair’s constituency office. Not only that, but the Board has also mentioned turning over the file to Elections Canada, because of concerns that those staff were not on “leave of absence” when it came to the by-election in Bourassa, where they already spent right up to the limit and this could put them over it. The excuse was that they were using banked overtime and whatnot, but again the rules around in-kind donations would also be triggered here. The NDP, predictably, tried to douse distraction sauce all over it by shouting “kangaroo court!” over and over, and demanding that the Auditor General be brought in to look at everyone’s expenses (um, he’s not your babysitter, guys), so that they can try to spread blame all around. They also kept insisting that the salaries were approved by Commons administration, though the Speaker’s office disputes this with the timeline they published (and it’s fascinating reading). We’ll see if they try to contest this in court as well, but it’s not looking good for them at this point.

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Roundup: Another hit of distraction sauce

The NDP are set to crack open that bottle of distraction sauce as the Board of Internal Economy sits today to discuss the issue of “satellite offices.” The distraction – that they want the meeting open to the public (so that they can showboat and obstruct, like they did when Thomas Mulcair went before the Procedure and House Affairs Committee while calling it “transparency”) and when their wish is denied, they can rail to the media about how terrible the state of affairs is, and how it’s all a conviction by a “kangaroo court” that’s all just partisans being mean to them because they’re just so awesome, and all of that. The goal, of course, is to try and lose the substance of the story around their satellite offices amidst all of the other noise that they’re generating around it. Because that’s how you maturely handle a misspending issue in Canadian politics.

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Roundup: Distraction sauce on the satellite offices

The Commons Board of Internal Economy met yesterday, briefly, but came to no resolutions about NDP satellite offices because an hour before the meeting, the NDP delivered more documents that the committee didn’t have time to consider. And meanwhile, Peter Julian put on a big dog and pony show about the “Kangaroo Court” that is the Board, and how they want it opened up, and so on. And that’s really where the whole narrative falls apart. This tactic of releasing more documents just before the meeting smacks to me of the same thing they tried when Mulcair was called before committee, where they produced untranslated documents – something they know won’t be distributed (and usually they are the first to complain, given their Quebec-heavy caucus). And then they want the doors thrown open, so that they can put on the same demonstration of obfuscation and bafflegab that Mulcair did at committee, where he not only talked around his answers, but made untrue allegations under the protection of parliamentary privilege (lest we forget the falsehoods about Conservatives co-locating party and MP offices), all the while every NDP staffer was on Twitter proclaiming that “this is what transparency looks like.” Indeed it was. That they rather transparently want to do the very same thing at Internal Economy makes it seem all the more reasonable for the other parties to say no. Thrown into this are their demands that the Auditor General audit everybody – in order to spread blame around – and demands that Internal Economy be blown up and replaced with a more open body (thus providing yet another ground for partisan showmanship, and depriving MPs and administration a place for full and frank discussion about administrative matters) all smacks of one thing – distraction sauce. Delicious, delicious distraction sauce. You’ll pardon me if I prefer my sauce on the side.

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Roundup: Funerals and personal trainers

Mike Duffy’s charge sheet has been released, which gives us a few more details about the 31 charges he is now facing. Some of those include the contract he gave to a friend for little or no work, of which some of those funds were funnelled elsewhere – including to a make-up artist and personal trainer – and that some of the claimed expenses were to attend funerals or other such ceremonies. Duffy of course denies any wrongdoing. Here is an updated timeline of the whole expenses scandal in the Senate.

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Roundup: Pushing back out of the gate

The new privacy commissioner, Daniel Therrien, went before the Commons justice committee yesterday to talk about the “cyberbullying” bill, and the moment that Therrien did his job and pushed back against the bill – pointing out the overreach into lawful access provisions, the lowered test for getting warrants, the lack of oversight mechanisms, and that the bill should be split so that the more technical aspects of those lawful access provisions could get more detailed study, the government lashed back, turning against him immediately with the bizarre accusation that he hasn’t been a police officer. Apparently because police demand more powers, the government feels that they need to fall all over themselves to provide them, no questions asked – despite the fact that we have a history of showing that when authorities are given new powers without adequate oversight that they tend to be abused (for entirely well-meaning reasons, no doubt). Also of concern is that information could be requested not only by peace officers, but also by “public officers,” which includes elected officials, certain airline pilots and fisheries officers. No, seriously. Peter MacKay, meanwhile, brings up the child porn defence for these new measures, despite the fact that he hasn’t provided an excuse for why they wouldn’t need a warrant to get this kind of information. As well, NDP MP Randall Garrison tried to put in an amendment to the bill to see that transgendered people are protected from hate – you know, like cyberbullying – and the government shot it down for no real logical reason. Well done, everyone.

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