Roundup: A curious case for declaratory legislation

A curious story showed up on the CBC website yesterday, wherein justice minister David Lametti stated that if it looked like pandemic delays were going to cause criminal trials to essentially “age out” of the court system as a result of the Jordan decision – meaning that once they reach a certain point, they are deemed to be stayed because they took too long and have become unconstitutional – that he would introduce legislation to “clarify” how the Supreme Court’s Jordan decision was to be clarified. It’s curious because it seems to be a bit of a made-up issue – the Jordan decision already stated that the 30-month timeline allowed for exceptional circumstances, and we can all agree that a global pandemic is by definition an exceptional circumstance. This isn’t to say that declaratory legislation isn’t a valid exercise, because it can be – but it just seems wholly unnecessary in this case, when there are other ways that the government could be better dealing with the criminal justice system and juries than worrying about the Jordan timelines.

In any event, here is defence lawyer Michael Spratt with some thoughts on the story:

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Roundup: An admission of systemic racism in Canada

Prime minister Justin Trudeau’s daily presser was held away from Rideau Cottage yesterday, at a local business that benefitted from the wage subsidy, and it was remarked that it looked to be suspiciously like a campaign stop. Trudeau did his best to try and deflect blame for losing at political chicken – err, Wednesday’s inability to get the government’s latest emergency omnibus bill passed, outlining all of the places where items in the bill matched the demands of opposition parties, while dismissing some of the criticisms – primarily that of the Conservatives in their insistence on having full parliamentary sittings restored. The more memorable moment, however, was when he was asked about RCMP Commissioner Brenda Lucki’s comments that seem to dismiss systemic racism in the RCMP (though she did cop to unconscious bias), where Trudeau said that of course there is systemic racism in the RCMP, just like there is in all of our institutions, and that systems are not broken, but were in fact built that way. He went on to say that part of why it’s difficult to address is because it’s in the building blocks of these institutions, which should serve as a reminder to everyone that there are no quick fixes to any of this. He also went on to say that Canadian exceptionalism isn’t just that we do well, but that we know we need to do better and are willing to address it. This is probably the first time that a head of government has made this kind of an admission, and an acknowledgment of concepts that many Canadians are still coming to terms with – but he also did say that he had faith in Lucki to do the job of reforming the RCMP, so there’s that.

On the subject of the RCMP, Indigenous services minister Marc Miller is not having any of Commissioner Lucki’s excuses about not understanding systemic racism, and is critical that not enough has been done to combat it over the past two years. AFN National Chief Perry Bellegarde says that the federal government’s complacency allows police violence against Black and Indigenous people, and he’s right. And lo and behold, the dashcam footage of Chief Allan Adam’s arrest has been made public, and it is hard to see how senior RCMP officials could have concluded that the actions were “appropriate,” which is a big flashing indicator of a problem in the ranks.

Meanwhile, as the debate on bringing back Parliament properly progresses with Trudeau’s disingenuous excuses, Conservative House leader Candice Bergen has put forward a number of suggestions for how MPs could safely vote in-person in a returned Parliament – some of which I’m not in favour of, but at least it’s a better solution than the Pandora’s Box of remote or electronic votes, which the government favours – and make no mistake, they are an evil that will be unleashed and there will be no going back. (I have more on this in my weekend column, out later today).

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Roundup: Selling out parliament for a press release

If there was any more sign of crass politicking than Jagmeet Singh starting the day by declaring that he would only agree to the government’s plans regarding continued special committee hearings in lieu of actual parliamentary sittings if the government ensured there was access to two weeks of paid sick leave available to Canadians, I’m not sure what else it could be. To predicate kneecapping the House of Commons in exchange for something you can count as a win is…quite something. Not quite the petulance of Andrew Scheer’s short-lived declaration that he would only wear a non-medical mask if regular House of Commons sittings resumed, but certainly brash.

To that end, Justin Trudeau held his daily presser and, in reference to the hipster jamboree at Toronto’s Trinity Bellwoods park on Saturday that social media spent the rest of the weekend litigating, said that the variety of local rules can be confusing but people should pay attention to what their jurisdiction’s rules are, and to keep physical distancing. Then then announced that the commercial rent assistance programme was now accepting applications, and outlined that half of the provinces would accept applications on that day, listed the provinces that would accept applications Tuesday instead, and that those with ten or more tenants were to apply Wednesday. Trudeau then said that he had spoken to Singh, and assured him that he was in discussions with the provinces to ensure that people got access to those ten paid sick days per year, but in the Q&A, gave the credit to BC premier John Horgan. That didn’t stop Singh from putting out a self-congratulatory press release immediately, as though this were a done deal and not negotiations that were ongoing because it’s mostly provincial jurisdiction. Trudeau also defended his party’s use of the wage subsidy, but because he can’t answer these questions like a real human being, it was mostly a lot of platitudes and verbal pabulum.

In the wake of this, a bunch of my Twitter critics felt like Trudeau’s discussions with the province on this sick day policy was some kind of an own to my constant reminders that this is provincial jurisdiction, which is bizarre because nothing has been agreed to. Trudeau can’t force the provinces to do anything, and even pointed out that the mechanism to make this happen is complicated – particularly if the provinces are going to expect the federal government to pony up for those paid days instead of forcing employers to pay for it themselves. But again, this isn’t something Trudeau himself can do on his own – he can try to get the provinces on board, but that’s not always a winning proposition. Look at the dog’s breakfast that the commercial rent subsidy managed to be, which is because it’s what the provinces could agree to, while Trudeau takes the blame. And even if the provinces get on board with this paid sick leave, it’ll still be months before that comes to fruition, but hey, Singh got a press release out of it, so he can declare victory to his base.

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Roundup: Dairy commissions and questions of jurisdiction

There were a couple of announcements for prime minister Justin Trudeau’s daily presser yesterday – that Health Canada had approved a serological test that was critical to the work of the immunity task force; that some $1 billion in additional funds was being allocated to regional development agencies to help struggling businesses; and that the student benefits would be open for applications as of Friday. There were a lot of things that came up during the Q&A – demands from reporters for a budget or a fiscal update, for which Trudeau said that they couldn’t predict what was going to happen in a few weeks, so it didn’t make much sense to try to lay out a plan for the next twelve months. On the Canada-US border, it was strongly hinted that the current closure would continue for another month, but he wasn’t going to speculate past then. He talked about the need to work with provinces and municipalities as transit operators face a huge revenue shortfall. Regarding Norway’s sovereign wealth fund pulling its investments out of the oilsands, he remarked that it was clear that climate considerations were becoming a bigger feature in the investment landscape. He also promised to look into the issue of health researchers in the country facing layoffs because funding sources evaporated and they aren’t eligible for the federal wage subsidy because of a technicality.

And then it was off to the House of Commons, first for the in-person meeting of the Special Committee, which descended into farce fairly quickly and stayed there – Andrew Scheer railing about the revelations that potential fraud of the CERB isn’t being caught up-front, while his MPs both demand easier access to small business supports while clutching their pearls about the potential size of the deficit, apparently blind to the contradiction in their position. Meanwhile, Jagmeet Singh was demanding that the federal government swoop in and offer some kind of national guarantee around long-term care, giving Trudeau the chance to chide him about his disregard for provincial jurisdiction (and Trudeau was a little sharper on this than he often is).

The special committee eventually gave way to a proper emergency sitting of the Commons to pass the latest emergency bill, this time on increasing the borrowing limit of the dairy commission, while many a journalist mischaracterized this as “debating” said bill. There was no debate – it was pre-agreed to, and each party would give a couple of speeches that may or may not be related to the bill before they passed it at all stages for the Senate to adopt on Friday. At the beginning of this, however, Singh was back up with yet another motion, this time to call on the government to ensure that there was universal two-week paid sick leave – which is, once again, provincial jurisdiction. (The motion did not pass). I’m torn between trying to decide if Singh is genuinely clueless about what is and is not federal jurisdiction (a position bolstered by his promises in the election around things like local hospital decisions), or if he’s cynically trying to make it look like the federal government doesn’t care about these issues when they have no actual levers at their disposal to make any of these demands happen. Either way, federalism is a real thing, and trying to play it like it’s not is a real problem for the leader of a federal party.

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Roundup: One-time benefits for seniors

The day began much as Monday did, with a ministerial presser in Toronto, where Bill Morneau and Deb Schulte announced a one-time additional benefit for seniors who earn low-income supports. People may ask why this was necessary given that they haven’t lost incomes (like others have), and the theoretical justification is that they may be facing some increased costs around things like deliveries, taxis, or prescription fees. There is also a particular political justification in that this is a bit of a sop to the Bloc, who have been howling about this for weeks, and we all know that it’s because seniors vote.

Shortly thereafter, Justin Trudeau held his daily presser at a slightly earlier time because of the impending sitting of the Commons “virtual” special committee, and he reiterated much of what had been announced earlier, but somewhat more unusually, stated that this pandemic has revealed uncomfortable truths about how we treat seniors in this country, and that there are serious underlying challenges that they will help the provinces with in finding lasting solutions. This particular construction is pretty key, because this is explicitly a provincial issue, and the federal government can’t just write in long-term care to the Canada Health Act as certain people have been demanding. The Act doesn’t work like that, as they should very well know. During the Q&A, Trudeau stated that the government planned to be very careful when it comes to easing border restrictions, and that he wasn’t going to ask for Carolyn Bennett’s resignation over the dispute over the Wet’suwet’en MOU.

https://twitter.com/EmmMacfarlane/status/1259819355866632192

During the special committee meeting that followed, the Conservatives were hung up on the reporting that civil servants were instructed to ignore any potential cheating on CERB applications and process them anyway, with the goal to investigate and pursue repayment after this is all over. We’ll see if this concern over the government “ignoring fraud” carries over the next few days, or if this is an instance of the opposition chasing headlines.

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Roundup: Possibly a criminal leak

The day got off to a very brow-raising start when someone – meaning almost certainly a minister’s office – leaked StatsCan jobs data ahead of its official release to soften the narrative around it, given that the predicted number of job losses were twice as many as what wound up being reported. This is a big deal – it’s market-moving information that should have criminal consequences for leaking, and yet here we are. And what is particularly galling about this is that I have my suspicions about which minister’s office leaked the information, and it’s one that has been showing a particular pattern of impunity, which is a very bad sign for how this government works – and not to mention how it communicates. Because they can’t communicate their way out of a wet paper bag, someone took it upon themselves to leak sacrosanct data (which, it needs to be reiterated, should not and cannot happen in a gods damned G7 country) in order to spin the narrative. Heads should roll for this.

And then prime minister Justin Trudeau had his daily presser, acknowledging the jobs numbers before he announced that the government would be extending the wage subsidy beyond June in order to keep the (eventual) economic recovery strong, while also announcing that Navdeep Bains would be leading a new industry strategy council. During the Q&A, Trudeau also had to face questions about why nobody can say “Taiwan” when it comes to thanking them for donations of personal protective equipment, so Trudeau did just that, so I guess certain MPs will need to find something else to have a meltdown over next week.

And for the 75th anniversary of VE Day yesterday, the Queen made a televised address in the footsteps of her father.

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Roundup: Mourning a fallen helicopter crew

In light of the news of the downed military helicopter, prime minister Justin Trudeau’s daily presser took on a different format – he was in the West Block today instead of outside of Rideau Cottage, and this time flanked by the minister of national defence, Harjit Sajjan, as well as Chief of Defence Staff, General Jonathan Vance, and the deputy minister of national defence, Jody Thomas. They largely laid out what information they had and their condolences for the families and colleagues of those dead and missing. During the Q&A, non-crash questions largely revolved around the Parliamentary Budget Officer’s report earlier that morning on the projected size of the deficit given the various emergency measures, and given that so many of my media colleagues only have a certain number of pre-set narratives when it comes to the deficit, it went about as well as could be expected when Trudeau refused to bite.

On the subject of the deficit, here is a good thread from economist Trevor Tombe, as well as some additional thoughts from Kevin Milligan.

https://twitter.com/kevinmilligan/status/1255882692610027520

https://twitter.com/kevinmilligan/status/1255884110368669696

https://twitter.com/kevinmilligan/status/1255885291182669829

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Roundup: Framing for controversy

I try to give my brethren in the media the benefit of the doubt as often as possible, but yesterday there were two egregious examples of places where they framed a quote in a way that gave it a particular perception, and then went and tried to make news about that perception. The first example was to take a quote from Trudeau from the Global News interview from the night before, and tried very hard to make it look like Trudeau was blaming Trump for the deaths on Flight PS752.

“If there were no tensions, if there was no escalation recently in the region, those Canadians would be right now home with their families,” said Trudeau. “This is something that happens when you have conflict and war. Innocents bear the brunt of it and it is a reminder why all of us need to work so hard on de-escalation, moving forward to reduce tensions and find a pathway that doesn’t involve further conflict and killing.”

If you notice, the focus was – quite rightly – on the fact that civilians get caught in the crossfire of war. But the various outlets in this country (and the US – Fox News in particular) tried to frame this as Trudeau blaming Trump, which he didn’t actually do. And then, CBC had their Washington correspondents getting reaction to the “perception” that Trudeau was blaming Trump, even when he wasn’t, and in interviews, kept aggressively going after the perception of the comments, without actually acknowledging that they were trying to create that very perception with the very frame they put around those comments. The lack of self-awareness and self-reflection was entirely galling.

The second incident in a single day was taking a comment that Stephen Harper made, where he called for “change in the nature of the government” in Iran, and headlined it “calling for regime change” which has a very specific meaning, and got their reaction quotes based on the notion that he called for regime change – again, putting a frame around comments which were so bland as to be not worth reporting. (Note: CBC was not the only offender here, and they had to issue a “clarification,” which was really a correction, as a result; the CTV piece eventually changed their headline and lede, but didn’t note that they had made the correction).

https://twitter.com/robert_hiltz/status/1217233046908416000

Two instances of torqueing quotes and placing dubious framing devices around fairly innocuous quotes to spark controversy in a single day. Not good, guys, and like Robert Hiltz said, this is the kidnd of thing that erodes trust. Let’s be better than this.

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Roundup: Giddy or furious?

The potential move of Prince Harry and Meghan, Duchess of Sussex, to Canada is causing a great deal of media speculation, and a share of boneheaded headlines in international papers (the New York Times being particularly egregious in citing that Canadians are “giddy” – in the very week that we have been in mourning over the downing of Flight PS752 – that they could be adding some “razzle dazzle” to our “bone-chilling” country). And then there are all the polls demanding that Harry be made Governor General, or the speculation that we could make him Kind of Canada if we wanted (which we really don’t). Nevertheless, Philippe Lagassé had a few thoughts on the whole matter:

https://twitter.com/PhilippeLagasse/status/1215618283812069377

https://twitter.com/PhilippeLagasse/status/1215619724404494337

https://twitter.com/PhilippeLagasse/status/1215627487377600513

At the same time as we’re allegedly giddy, we’re also apparently “furious” about potential security costs. Which, could very well be, nothing at all, really. And in the coming week or two, I suspect these stories will be all the more absurd.

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Roundup: A corridor to nowhere

While the Liberals took the day off of the campaign, Andrew Scheer headed to Edmonton to campaign alongside Jason Kenney in Amarjeet Sohi’s riding, where Scheer reiterated his previously announced vision for a “trans-national energy corridor” which he imagines would create a right-of-way for all manner of pipelines across the country and they wouldn’t need to do additional environmental assessments on those projects or have jurisdictional challenges, or anything of the sort. Erm, except it’s going to involve expropriating a lot of land from private landowners (which is expensive and contrary to what Conservatives claim to stand for), and it will be long, complex, and expensive negotiations with the various First Nations and Inuit along those lands, because you can be assured that they will be asserting rights title over that territory. (For more, I wrote a column on this when the subject was first broached in May). It’s nice in theory, but practically has little chance of getting anywhere off the ground.

On the topic of Scheer, the Globe and Mail found that while he says that he was an “insurance broker” for six months in Saskatchewan as his private sector experience, he was never licenced and didn’t actually work as a broker. So that’s something.

Jagmeet Singh, meanwhile, was in Burnaby, BC, to promise $30 million in federal funds to reduce the cost of BC ferries. It’s worth noting that this was five days straight of campaigning in the vicinity of his riding, which could easily be interpreted as a sign that he’s worried about saving the seats he has in the area.

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