The International Commission of Jurists has looked over the dispute between Stephen Harper and Chief Justice Beverley McLachlin around accusations that she was “lobbying” against the appointment of Justice Nadon. The ICJ declared that McLachlin did nothing wrong – and that Harper owes her an apology. In response, the PMO responded that they saw the response and “noted it.” At least it wasn’t yet another angry denunciation of “activist” judges protecting their own, or some other nonsense. Meanwhile, the Canadian Bar Association has responded to all of those Conservative MPs whinging that the courts are doing an “end run around democracy” by reminding them that the courts are an essential part of our democratic system, ensuring that rights are respected and that laws are applied properly. Not that it will soothe the sting being felt by sore losers, which is really what those complaints are all about.
Tag Archives: Stephen Harper
Roundup: Missing the point about parties
In a piece that bothers me immensely, Susan Delacourt puts forward the notion of abolishing political parties, and then applies a bunch of marginal reasons like branding and narrowing voter pools. The problem is that she ignored the whole point of political parties under Responsible Government – to have a group that can maintain the confidence of the Chamber in the formation of government. Which is actually a pretty big deal and why coalition governments don’t really work as well in our system as they might in others. “Oh, but Nunavut doesn’t have parties” or “most municipalities don’t have parties” people – including Delacourt – will cry, but it’s a nonsense argument because they have a small handful of members, and it doesn’t scale up to 308 MPs on any practical basis. You could not adequately run a government or maintain confidence with 308 “loose fish.” Also, the notion that brokerage is “antiquated” is false – otherwise we’d see all kinds of “bridges to nowhere” riders in government bills to get MPs onside to win support – again something that would be endemic with trying to get the support of a chamber of independents. That’s not to say that there aren’t problems with parties right now, because there are, but the solution is to have more people engaging with them so that the power doesn’t remain concentrated – not to simply throw the baby out with the bathwater. Sorry, but Delacourt’s argument has no merit.
Roundup: Stampede speeches
As part of his visit to Calgary, Justin Trudeau spoke about getting his candidates nominated by the fall, so that they have a full year to start taking on the Conservatives as part of a team effort – something else he says that he wants to emphasise, rather than the Conservatives being all about the Prime Minister. That Trudeau has been making so much effort in Alberta is a contrast to Liberal leaders past, where Alberta has tended to be a flyover province rather than one where they would do much engagement under the advice that there was no way that they could win seats there anyway.
Roundup: New Bloc leader, almost the same as the old leader
The Bloc Québécois have chosen a new leader, Mario Beaulieu, who like their last leader, is not in caucus. And his rival, André Bellavance, who is a sitting MP, had the support of their three other MPs as well. No word if Beaulieu will try to get a seat before the next election in one way or another, or where he plans to run in the next election, which is kind of an important consideration. Beaulieu also wants to press hard on separatism, because sovereignty unites sovereigntists after all. Never mind that the loss of appetite for the topic helped to sink the PQ in the last federal election, he wants to press ahead with it. Already, Gilles Duceppe is mighty upset with Beaulieu’s comments about past leaders, and some high profile members, including some riding presidents, are already talking about tearing up their membership cards over Beaulieu’s comments and positions on certain issues. And we wonder why this constant idea of choosing leaders from outside of the caucus is of particular concern, and remains a bigger problem within parties than the narrative that these kinds of leaders bring in “new ideas.”
Roundup: Quebec’s “death with dignity” complications
It’s not really a surprise that the federal government is saying that Quebec’s “death with dignity” law is a violation of the Criminal Code, and will likely be challenged in court. That was kind of the point of the way the Quebec law was structured, however – to fit under the rubric of the provincial responsibility of healthcare so as to not trigger the Criminal Code, but it will likely take the Supreme Court to determine if they can justifiably do so. The Supreme Court is already set to hear a case regarding overturning the ban on physician-assisted suicide, so by the time the Quebec law hits the courts, there may already be new jurisprudence that will help to change the calculus around it. And yes, all parties are divided on the issue. Predictably, opponents of the law insist that euthanasia cannot be medical care, and want more palliative care instead. Administrative law professor Paul Daly puts this new law in the context of yesterday’s Supreme Court ruling on a case involving judicial discretion, and how prosecutorial may wind up filling the gap between the Quebec law and any decision to charge anyone who makes use of it.
Roundup: Sona, Coal, and the new Privacy Commissioner
Day one of the Sona trial, and we find that he discussed American-style voter suppression at some point during the campaign. Not that he had any intention of acting upon it, or that he had the means to do so, or that he said he had engaged in it – just that he discussed it. Sona’s lawyer also got some of the witnesses to admit that they got promotions and hefty raises after they talked to Elections Canada about Sona – which is all very curious, but no doubt a big part of Sona’s strategy of undermining the credibility of his accusers.
Roundup: Commence the final stretch
It’s the final stretch, as there are four scheduled weeks left for MPs to sit before we send them back to their riding for the summer. And they want to put on a good show of being productive, so they’ll be doing evening sittings the whole way through. Here’s a look at what’s on the agenda for those four weeks. It’s likely the Senate will sit for another week or so after the Commons rises, but it will all depend on how many bills the Commons passes at the last minute, and how much certain Senators want to push back at the government over things like the Fair Elections bill (for which I know there are Conservative senators who are still not happy with it).
Roundup: A looming second empty Quebec seat
The Chief Justice has written to the Prime Minister to remind him that Justice LeBel will retire on November 30th, which would mean a second Quebec seat vacant on the bench. It’s notable because often a soon-to-retire Justice would retire before the next session began, and just finish off any decisions still in the works on their way out. Instead, Justice LeBel is staying on to the bitter end, likely because the Court is not confident that the PM will have a suitable replacement in time, given the way that they handled the vacancy left by the retirement of Justice Fish. Peter MacKay has promised that they’ll have a name for the currently vacant seat (that Justice Nadon was retroactively never appointed to) “soon,” but it’s also a reminder that they’d better get the process started for the next appointment as well. It’s also leading to more calls that the process as it stands needs to be reformed so as to be more transparent, so this might be the impetus to make those changes.
Roundup: Bruce Carson has a book
Stephen Harper’s former advisor, and now accused fraudster, Bruce Carson, wrote a book. And as Colby Cosh noted, historians are forever grateful to those with nothing to lose. So while the Conservatives and NDP gripe about Carson’s current status, we have stories on how Harper wanted to move Jim Flaherty to industry in 2007 but he refused to go, and that Harper backed down because he didn’t want to lose him. We have a story on how Harper gave advice to Jack Layton in the 2008 election about trying to “bury” Stéphane Dion, and how Harper had Ambrose so busy doing other things when she was environment minister that she couldn’t pay attention to her actual file. And here’s a story on how Harper briefly thought he might have to step aside while the Cadman affair (remember that?) was in full swing, before being disabused of that notion by his staff. Could make for interesting reading.
Roundup: Calling four out of five by-elections
Stephen Harper has made the call – four by-elections will be held on June 30th, two in Alberta and two in Ontario. The fifth vacant riding, Whitby–Oshawa, former riding of Jim Flaherty, will remain open for the time being. That means that Fort McMurray–Athabasca and Macleod in Alberta, and Trinity–Spadina and Scarborough–Agincourt in the Greater Toronto Area are now officially in play. It also means that the two GTA ridings will be contesting the by-election in the middle of both a provincial and municipal election. It has also been suggested by the cynical among us that Harper intended to drive down voter participation by holding the by-elections the day before Canada Day. It remains to be seen in some of the more hotly contested ridings, and Justin Trudeau has spent the weekend in both Northern Alberta and Okotoks because of the two by-elections, hoping for a Liberal breakthrough in that province.