Tag Archives: Supreme Court

Roundup: Feigned confusion and a filibuster

Posted on by

As anticipated, the government unveiled their reforms to the wage subsidy programme yesterday, which included more of a sliding scale for revenue drops and how much support businesses could get before the subsidy phases out, which helps ensure that businesses don’t reach a “cliff” in terms of restart growth only to have that support ripped away at an arbitrary level. This has the business community both applauding the government for responding to concerns, while also moaning that it’s so complicated now, which has some economists rolling their eyes. It also looks like the government that insisted they don’t like abusive omnibus bills is rolling the legislation for these changes in with the new-and-improved disability payments, as well as the justice timelines legislation, so that’s something to look forward to when the House comes back next week for a single day.

Meanwhile, the Ethics committee met yesterday to start their own look into the WE Imbroglio (conveniently with many of the same faces who subbed in at the Finance Committee during its hearing), to which the Liberals on the committee, knowing that they don’t have sufficient votes, decided instead to filibuster things, which is not a good look. Their arguments that this undermines the work of the Ethics Commissioner ignores that his role is supposed to support them, not the other way around; the fact that they were blocking a motion to demand the receipts from Margaret and Alexandre Trudeau’s public speaking events from their Speaker’s Bureau going back to 2008 is a little more suspect, and I haven’t heard a reasonable rationale for it or how it relates to the proposed study on how well the conflict-of-interest regime is working. Suffice to say, this isn’t a good look for the Liberals, and there are better ways of beating the Conservatives at their own game than playing into their hands. It’s too bad that they can’t seem to grasp that.

Continue reading →

Roundup: A curious case for declaratory legislation

Posted on by

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:

Continue reading →

Roundup: An apology on the second attempt

Posted on by

It was prime minister Justin Trudeau’s first presser since the WE Imbroglio blew up over the revelations of his family being paid speakers for the charity, and there was a definite note of contrition this time. After hinting that the government would extend the wage subsidy until December with details coming later in the week, a mention of his call earlier in the morning with Donald Trump that touched on tariffs, Black Lives Matter, and China, and a promise on further updates on the Safe Restart Plan with the provinces to come later in the week, Trudeau turned to his mea culpa on the Imbroglio. “I made a mistake in not recusing myself from discussions, and I’m sincerely sorry about not having done that,” Trudeau said. He praised how the government got creative with designing programmes during the pandemic, and how they had worked with a range of partners to make it happen, but he was sorry that he didn’t remove himself from the discussions with WE, and that he was frustrated that youth would have to wait longer to do their party to serve because of the mistakes he made. (I would argue that WE’s plans raised a lot of red flags too, for what it’s worth). When asked if he would appear before committee to discuss what happened, Trudeau was non-committal, but in a hung parliament, he doesn’t have the votes to shield himself this time.

During the Q&A, he said that he pointed out to Trump about the disruptions to the aluminium supply chains and hoped that they wouldn’t see tariffs that would only slow down the economic recovery; he also mentioned that there were ongoing discussions around the border, but the rest of the time was spent reiterating, over and over, that he didn’t have the details on what his family members had been paid by WE and that he should have, and that he did seem to have some reflection that he needed to be careful on this file because of his past activity with the charity but that he didn’t go far enough and should have removed himself entirely from the conversation. Later in the day, Bill Morneau sent out his own apology for his own failure to recuse himself given his daughters’ activities with WE.

For what it’s worth, there seems to be some kind of learning curve because it only took the second try for Trudeau to give an apology rather than stick to talking points aimed at deflection until the conclusion of the Ethics Commissioner’s report, at which point there would be either an apology or admission of some kind of wrongdoing and a promise to do better next time. This time, we managed to skip weeks of such failed damage control, so that’s something, I guess.

Meanwhile, Susan Delacourt finds herself wanting when it comes to Trudeau’s explanation for how the whole thing went down, and hopes that he’s saving it for his discussion with the Ethics Commissioner. Matt Gurney gives credit where credit is due for Trudeau learning enough to make a rapid admission and apology rather than dragging things out for months. Paul Wells is unimpressed with the apology and wants a full accounting of what happened, particularly as it is increasingly evident that things were wrong with the WE contract outside of the apparent conflict of interest, and how those decisions were made need to be aired.

Good reads:

  • Ruh-roh! It looks like the federal government wasn’t enforcing the rules around temporary foreign workers, which allowed outbreaks to occur on farms.
  • Here is some number-crunching on the PM’s daily pressers in the first phase of the pandemic and lockdown, including on his choice of verbs and phrases.
  • The RCMP have charged a Quebec man with calling for Justin Trudeau’s death and the eradication of Muslims.
  • Former Liberal MPs who lost their seats in the last election are waiting to hear about nomination contests so they can be ready to run again.
  • Leona Alleslev has resigned as deputy leader of the Conservatives to more vocally back Peter MacKay, who says that no promises were made for her support.
  • Maclean’s has a profile of Conservative leadership candidate Leslyn Lewis.
  • Jason Kenney is accusing the federal government of preventing Apple from fixing the province’s contact tracing app, which requires iPhones to be unlocked to work.
  • Kady O’Malley’s Process Nerd column looks at the options for calling prime minister Trudeau to committee to testify on the WE Imbroglio.
  • Heather Scoffield is frustrated by the vague answers being given on the extension and amendments to the wage subsidy programme.
  • Colby Cosh recounts how Alberta has abolished its last vestiges of prohibition, by allowing liquor sales in Mormon-centric towns that were still “dry.”

Odds and ends:

For the CBA’s National Magazine, I wrote about Friday’s Supreme Court decision on genetic privacy, and what the broader implications of the ruling are.

Want more Routine Proceedings? Become a patron and get exclusive new content.

Roundup: The WE Imbroglio worsens

Posted on by

Because the Liberals’ capacity for self-harm wasn’t apparent enough already, it seems that they decided to find yet another rake to step on as the WE Imbroglio continues to unfold, and we learned that two of Bill Morneau’s children have done work for WE – one of them as a salaried employee, and no, Morneau also did not recuse himself from any Cabinet discussions or decisions when it came to awarding WE the student service grant contract. Because of course he didn’t.

Within the Liberal ranks, so far only Nathaniel Erskine-Smith – already considered a “maverick” – has come out to say that he’s not keen on what has transpired, which makes me wonder how many other Liberal MPs feel similarly but just aren’t saying out of a sense of loyalty or because they would rather close ranks at a time like this. Of course, if we had a properly functioning Westminster democracy in this country, the caucus could get together and say “You know what – the leader keeps hurting the party with these self-inflicted wounds, so maybe it’s time we find a new leader,” and within a few days, they could have voted out Trudeau and voted on a replacement from within the caucus ranks, and then it would be off to Rideau Hall to swear in a new prime minister, who hopefully wouldn’t be a prone to stepping on those rakes. But we don’t have a properly functioning system because the Liberals and the pundit class back in 1919 decided it was somehow “more democratic” to give the party membership the ability to decide on the leadership, and suddenly the accountability of that leader to his or her caucus was annihilated. Now we have leaders who have centralized all power and authority and who are accountable to no one, so that when they cause trouble for their parties, the caucus is now stuck. (It would also help in keeping the party from becoming a personality cult of the current leader because that leader is easily replaced, but again, that’s no where we’re at in this country, and we are paying the price for it.

As for the Conservatives, they decided that they needed to up the stakes and send a letter to the RCMP to demand a criminal investigation of this contract, under the flimsiest of pretences. It’s ludicrous, of course, but what it allows them to do is to insinuate that the RMCP are investigating when they likely aren’t because they’re not public about what they are and are not investigating, and they can spend the summer asking Trudeau “have the RCMP contacted you yet?” and posting those clips all over their social media channels. We’ve seen this particular play before, and it wasn’t great the first time, and this iteration won’t have improved either. I suspect there is also an element of “lock her up!” as part of their calculation for this, because they know that there is an element of their base that will respond to this bit of red meat, and they can’t help themselves, no matter how corrosive this is to our political discourse, or the long-term the damage that it causes.

Meanwhile, Susan Delacourt hears from Erskine-Smith and other unnamed Liberals who are balking at how closed-off to caucus Trudeau has been, and how that breeds these kinds of problems. Chris Selley marvels at Trudeau’s trilogy of scandals, and the ways in which they are continually minimized.

Continue reading →

Roundup: Armed intruder at Rideau Hall

Posted on by

The big excitement for the day was that there was an Incident at Rideau Hall first thing in the morning, as a Canadian Forces member, who was armed, crashed his truck through the gates of the compound and headed over to Rideau Hall on foot, where he was then apprehended by RCMP in what sounds like a two-hour “dialogue.” Apparently he wanted to “send a message” to the prime minister – who wasn’t at home at nearby Rideau Cottage at the time, nor was the Governor General in Rideau Hall (but if you recall, she has consistently refused to move into the residence there, preferring to stay at Rideau Gate). He was arrested without incident, and has apparently made online posts about a supposed COVID-19 conspiracy theory – and it comes just a day after anti-lockdown protests were happening on Parliament Hill, featuring a former has-been wannabe party leader who shall not be named, and some of the images seen on the Hill included those of Trudeau being hanged, while others touted these kinds of COVID conspiracies. So that’s fun.

https://twitter.com/robert_hiltz/status/1278788951885721602

Meanwhile, over in Alberta, the rhetoric about the plan to hold a referendum on equalization rolls along, so here is political scientist Melanee Thomas to spill some tea about just exactly what they are talking about, and why the arguments aren’t as clever as they think they are.

Continue reading →

Roundup: More questions about the WE contract

Posted on by

It was another campaign stop – err, media availability field trip for prime minister Justin Trudeau, where he headed to a local brewery that has converted part of their production line to produce hand sanitizer to both highlight that the country is now nearly self-sufficient in the production of personal protective equipment, but also to once again highlight how great the wage subsidy is, and please, for the love of the gods, would employers take advantage of it (and get people off of CERB). He mentioned Thursday’s teleconference with the premiers and the $14 billion that the federal government has put on the table, but the fact that they haven’t apparently taken him up on it would seem to me that this is a bit of public diplomacy on Trudeau’s part to try to get the premiers to take it with the strings attached. From there, he said that the Canadian Forces personnel would start withdrawing from some of the long-term care facilities in Quebec where the Red Cross could step in, but also that the Forces were going to stabilize four more residences. And finally, he gave a shout out to Pride, which is no longer happening in Toronto this weekend because of the pandemic, but it is still nice to have a prime minister that acknowledges it.

During the Q&A, Trudeau said that changes to the wage subsidy were on the way so as not to be a disincentive for companies growing beyond the qualifying criteria – but we’ll see what “soon” means. He stated that they did have a plan in the works to help the Royal Canadian Legion branches that are in danger of closing because of the pandemic, and when asked about the anti-racism statement that all of the First Ministers put out earlier in the week, Trudeau said that they didn’t come to an agreement on systemic racism, but that reporters would have to ask the premiers which ones they were. (Spoiler: It’s Quebec). And then there were the questions about the service grant contract being given to WE Charities. Trudeau said that it was about creating opportunities, and that they needed to have a partner with established networks, and very clearly annunciated that it was the civil service that recommended WE as the only organization capable of delivering those networks on the scale being asked. He also said that while they were covering WE’s costs, the organization wouldn’t be profiting. It’s still pretty dubious, and here’s Alex Usher laying out some of the questions that remain outstanding on this whole affair.

Continue reading →

Roundup: Developing an app

Posted on by

The day’s presser began with prime minister Justin Trudeau congratulating the winners of the UN Security Council seats, and gave an articulation of why it was important to Canada to try, and a promise that he would keep working to these laudable foreign development goals, even if we weren’t at the table. From there, he announced that the Canadian Digital Service, in cooperation with BlackBerry and Shopify, had been creating a mobile app to assist with contact tracing that was soon to be tested in Ontario, and this was a system that would collect no personal or location data – that it had a database of anonymized identifier numbers that could be triggered if someone tests positive – and that unlike other contact tracing apps, this one simply needed to be installed on the phone and it would run in the background, and not need to be open, which would drain the battery. (And Trudeau got really into it, because he is a geek about these kinds of things). Closing off, he spoke about new applications for the cultural industry and funds for national museums.

During the Q&A, Trudeau said that the late start to the Security Council race hurt us (and he’s not wrong there – many countries need the full eight to ten years to make a successful bid), for what it’s worth. He also made some fairly vague promises around trying to rein in the RCMP when it comes to their use of force, particularly against Black and Indigenous people. He also refused to condemn Jagmeet Singh’s outburst on Wednesday, saying it wasn’t for him to judge how a racialised leader perceived what happened.

On a completely different note, I was pleased to hear that the MPs in charge of the Centre Block renovations have decided to keep the existing footprint of the original Commons chamber, and didn’t take up the options to either expand into the lobbies behind or completely move the West wall and expand outward from there. They also say that the renovated Chamber could accommodate up to 420 MPs, but it also sounds like they may be leaning toward using benches, which would be terrific because desks are an Americanism, and simply encourage MPs to be doing work other than paying attention to the debates (and we’ve all seen the piles of Xmas cards that start showing up in the fall). I am less keen on the talk about physical distancing as part of the renovations, because they won’t be done for a decade, and we are likely to be over this pandemic by then, and we can work with the existing chamber and set-up perfectly well if we really wanted to.

Continue reading →

Roundup: Damage control and lunatic accusations

Posted on by

For his Friday presser, prime minister Justin Trudeau was back at Rideau Cottage, and he started off with the news that the Canadian Forces deployments to long-term care facilities in Ontario and Quebec would be extended until June 26th, but that the plan was to start transitioning to more assistance from the Canadian Red Cross. He mentioned the call with the premiers on Thursday night, which by all accounts got pretty testy, but Trudeau stuck to generalities. He raised the arrest video of Chief Allan Adam, saying he was shocked and that there needed to be an independent investigation, and that policing reforms across the country needed to happen soon. Finally, he mentioned that temperature checks would be implemented on flights, which raised all kinds of questions of faux-confusion that we were told that this was ineffective in detecting COVID-19 – which is true, but it was explained about eleventy times that this was simply an added measure of protection to keep people with fevers off of flights. (And lo, the pundits who seem incapable of thinking critically about public health advice have been decrying this as “added confusion,” which it’s not really). During the Q&A, Trudeau was also asked about the blood donation ban for men who have sex with men, given that NDP MP Randall Garrison has been agitating about this recently, and Trudeau reiterated the government’s position that they were funding the science that would ensure it was safe to end the ban, that they reduced it from a permanent ban to a three-month ban, and that he hoped for a positive announcement soon.

Later in the day, we saw a flurry of damage control out of the RCMP, as Commissioner Brenda Lucki clarified that yes, there is systemic racism in the Force and she should have been clearer about that, and that she has to ensure policing free of bias. As well, the Alberta Deputy Commissioner, who previously denied that systemic racism exists in the Force, said that he’s learned a lot in the past few days and he too will now admit that it exists, and promised to help eliminate it – as calls for his resignation have been mounting. Meanwhile, Winnipeg police tried to get ahead of a story with a video that showed four police grappling with, kicking, and Tasering someone during an arrest, which they insisted was someone who was violent and high on meth – but seemed incapable of admitting that it looks like more police brutality.

Meanwhile, the Conservatives have been trying to make an Issue of the fact that foreign affairs minister François-Philippe Champagne *gasp* has a $1.2 million mortgage for two London properties from a Chinese bank, that predated his time in politics. The mortgages were fully disclosed, and neither the Ethics Commissioner, CSIS or the RCMP seemed to think this was a big deal when he was either elevated to Cabinet or shuffled to his current portfolio, but now the Conservatives are accusing him of being compromised, and going easy on China – to the point that they have insinuated that he is letting the two Michaels languish in a Chinese prison – because of these mortgages. It’s a position that is ludicrously insulting because the worst thing that this Chinese Bank could do is demand immediate repayment (unlikely given the rules for financial institutions in the UK), and Champagne could have to sell those properties, which, given that property in the UK has appreciated rapidly, he could make a tidy profit. More to the point, that same Chinese bank has been operating in Canada since 1993 and had $3 billion on the books here, and there was nary a peep about it from the Conservatives in the nine years they were in power. But logic and common sense are not in play, and instead they are demanding that the Canada-China special committee be reconstituted and Champagne be hauled before it to answer about this, which is starting to reek of a McCarthy-era witch hunt, because they can’t help but engage in meathead partisanship.

Continue reading →

Roundup: Honest mistakes and sticking points

Posted on by

Prime Minister Justin Trudeau’s daily presser was far more lacklustre yesterday in terms of announcements – mostly just an update on how many more shipments of personal protective equipment have arrived, and contracts that have been signed with domestic producers in order to supply more. There was a little more action in the Q&A – on the question of proposals when it comes to punishing fraud for CERB, Trudeau insisted that this was only about people for whom there was demonstrable intent for fraud and not honest mistakes, though that is not reassuring to everyone. On the lack of a fiscal update, he insisted that things were still too much in flux because we have no idea how the economic restart is going to look like, but then went into his song and dance about just how open and transparent they’ve been because they take questions from the media every day and at the special COVID committee in the House of Commons, except that those are more about the performance of asking questions and less so about providing substantive answers (but being performative on transparency is on brand for this government). Part of the fiscal update measures was wrapped up in a “but the deficit!” moans from one reporter, whom Trudeau did rebuke a bit given that we are in an era of historically low interest rates. On MP Marwan Tabbara, he reiterated that he only found out about the arrest on Friday (and while people don’t believe that, we have to remember that the leader’s office doesn’t track every MP like a convict, and they’ve all been somewhat preoccupied with the pandemic – and it was up to Tabbara to disclose to them). On body cameras for the RCMP, Trudeau said that the was only one measure among many they were discussing, which gives him a bit of wiggle room as this becomes an issue of debate.

https://twitter.com/kevinmilligan/status/1270384288601567233

https://twitter.com/twitscotty/status/1270506759153766400

The issue of the penalties for fraud with CERB look like they will be a sticking point with the NDP, no matter Trudeau’s assurances that this is not about people who made good-faith mistakes, and that it aligns the penalty regime with people who defraud EI (but without all of the same accountability measures for defence – and it should also be noted that the EI fraud rate is about two-to-three percent). And funnily enough, it seems like some of his own MPs aren’t keen on this either. This could be the kind of punitive measure that will get the Conservatives on-side, but they will be objecting to the fact that the bill will be attempted to get passed in one fell swoop today rather than with a proper legislative process, and the Bloc don’t appear to want to play ball because they want even more measures for seniors, so this could start getting sticky for the government. I guess we’ll have to see what compromises got made, and what deals were cut.

Continue reading →

Roundup: The safety of being in fourth place

Posted on by

Ah, the safety of being the third and fourth parties in the House of Commons, where nothing you say really matters! Case in point with both Yves-François Blanchet and Jagmeet Singh, who spent yesterday lambasting prime minister Justin Trudeau for not badmouthing Donald Trump in public – Blanchet calling Trudeau “spineless,” and Singh condemning Trudeau’s silence. Because there’s nothing like demanding that the leader of our country insult the thin-skinned and erratic leader of our closest neighbour and trading partner, whom we rely on for economic security and military protection. Yeah, poking that bear will have no consequences whatsoever! One expects this kind of thing from Blanchet, who never has to worry about ever being in power, but for Singh, it seems to further prove that he has no interest in even pretending like he has a shot at forming a government, so he’s going to simply grandstand (badly) and look as unserious as he possibly can. And it’s more than just these kinds of declarations – it’s the demands that pretend that massive systemic change can happen with the snap of a finger, or that the federal government can just reach into provincial jurisdiction willy-nilly and using the incantation Canada Health Act as though it’s a justification or a blueprint for a federal role that accidentally forgot the part where you need to negotiate with the provinces first, and assumes that they’ll gladly sign onto whatever programme is being offered to them with all of the strings attached. Real life doesn’t work like that – but apparently you don’t need to worry about real life when you’re the fourth party.

Shameless self-promotion alert:

I’ll be appearing (virtually) before the Procedure and House Affairs committee this morning to talk about “hybrid” sittings and remote voting for MPs. (Spoiler: I’m against them). The fun starts at 11 AM Eastern.

Continue reading →