Tag Archives: Supreme Court

QP: Sanctimony and escalators

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With none of the leaders were present, Denis Lebel led off, railing about the non-existent negotiations for an extradition treaty with China. Harjit Sajjan responded that it was a high-level security and rule-of-law dialogue, which included talk of extradition. Lebel asked again in English, got the same response, then moved on to the moving expenses of one of Dion’s staff. Bardish Chagger noted that they were committed to changing the rules. Candice Bergen got up to deliver some unctuous sanctimony about moving expenses, but Chagger stuck to her prepared lines. Brigitte Sansoucy was up for the NDP, decrying the fact that the government won’t increase the healthcare transfer escalator. Jane Philpott said that they would be making investments in priority areas like home care and mental health care. Sansoucy went another round, got the same answer, before Don Davies went up to ask the same again in English. Philpott chided him that the NDP platform would have been hard pressed to use the old escalators and still balance the budget, then they went one more round of the same.

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Roundup: Begin Royal Tour 2016!

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The Royal Tour has begun, which means we’re already being inundated with a bunch of ridiculous stories about “is it worth the price,” or treating the Canadian Royal Family as foreign curiosities when the Canadian Crown is a separate and distinct legal entity from the British Crown (well, unless you happen to follow the logic of the previous government, whose changes to the Royal Succession Act without going the constitutional amendment route put us on par with Tuvalu in terms of making our relationship with the Crown a subordinate one, but we’ll see if that survives the court challenges). Suffice to say, yes it’s entirely worth it because it’s a very small amount of money, and their touring for a week costs us less than it does for Obama to visit for an afternoon, they draw a lot of attention to a number of worthwhile causes that the Governor General never could, and hey, we’re a constitutional monarchy so it pays for us to act like one from time to time. And to all of those pundits who insist that it’s time that we “grow up” as a nation and “leave the Queen’s basement,” how’s that republic to the south of us doing when it comes to selecting a head of state? Yeah, I thought so.

Meanwhile, here are some photos from the arrival, along with a look at the symbolism of what Kate was wearing. The tour promises to focus on social issues like the environment, young families, and mental health issues. Sunday, they met with young mothers in Vancouver’s Downtown East Side battling addiction issues, before visiting the re-opened Coast Guard base at Kitsilano (which isn’t a dig at the previous government that closed the base at all). Later this week, they’ll visit the town of Bella Bella, which has managed to basically solve its suicide crisis.

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Roundup: A questionable path forward

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Two former senators, Michael Kirby and Hugh Segal, got together to write a report on how they see a move to a more independent Senate should go, and offered a number of suggestions along the way. (They summarise the report in an op-ed here, as does Susan Delacourt in her column here). The highlights of the report are that they feel that the Parliament of Canada Act be amended so that the Senate is no longer dependent on recognized party lines to organise themselves, that they instead be organised into four regional caucuses (Newfoundland and Labrador apparently being lumped in with the Maritime region, and the territories being given a choice as to which region they want to sit with) that would form a “senior council” to decide things like committee selection. They also suggest changes to Senate Question Period, that the absolute veto be self-limited to a six-month suspensive veto, and that the minimum age of 30 be dropped as with the net worth qualification of $4000 (but not property, as it helps to determine residency requirement).

While I will no doubt discuss these recommendations in more depth elsewhere, I will first preface my comments by saying that the Senate Modernisation Committee will have their own report out in a few weeks, and we will likely get a better sense of how things are headed on the ground from there. As for these recommendations, while changes to the Parliament of Canada Act need to happen in order to break the party oligopoly now in place, I fail to see the value-added of regional caucuses. Current committee selection already looks at regional as well as gender balance, so creating a “council” to determine this seems frivolous, and the current seat allocation on committees will rebalance as more unaffiliated senators are appointed and start feeling comfortable enough to take on committee work. I’m not sure that enforcing regional lines is really what the Fathers of Confederation had in mind (as Segal and Kirby keep going back to) because I think it has the potential to create balkanization. Breaking the oligopoly and giving the unaligned senators more of a voice in organization and logistics can happen without needing to completely freeze out parties. The post-2008 excesses were not necessarily the fault of partisanship per se as it was an overly controlling PMO manipulating new senators, who didn’t know any better, to get their way. The suggested changes to Senate QP (like asking questions of committee chairs) make no sense as there is little accountability to be had from them, which is the point of QP. The change to a suspensive veto I am wary of because the point of the Senate is to be able to check the powers of a prime minister with a majority, and saying that the Lords in the UK has been like this since 1911 ignores the history or temperament of that chamber as it differs from our Senate. As for dropping the minimum age, if I had my druthers I would raise it a decade if not two, but if we can’t do that, then leave it as is. We have no need to appoint twentysomethings to be there until age 75. Sorry.

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QP: Overwrought cheap outrage

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The Prime Minister having met with the Chinese Premier earlier in the day, he and the other leaders were now ready to go. Rona Ambrose, mini-lectern on desk, gave an overwrought tale of a single mother worried about losing her house and reading about the moving expenses of PMO staffers. Justin Trudeau noted that the rules were followed, and the PMO overall was smaller than in the Conservatives’ day. Ambrose launched into a somewhat misleading tirade about all of the things they government cancelled for families (conveniently ignoring the enhanced benefits that they replaced those programs with), and Trudeau thanked her for reminding Canadians about their helping the middle class. Ambrose went again another round in French, got the same answer, and Jason Kenney took over to lament policy changes in Alberta to denounce a “job-killing carbon tax.” Trudeau reminded him that he’s in Ottawa, not Alberta, and that farmers were pleased with the settlement of the canola issue with China. Kenney then gave one last go at trying to declare ISIS to be a genocide, and Trudeau chided him for political grandstanding on such an important issue. Thomas Mulcair got up next, and accused Trudeau of being a dictatorship apologist with respect to an extradition treaty with China. Trudeau noted that this was about a dialogue that allows them to bring up difficult cases, and they would not bend their principles for anyone. Mulcair went another round in French, got the same answer, and then moved onto the Site C Dam in BC. Trudeau noted the commitment to a renewed relationship with Indigenous communities, and when Mulcair pressed, Trudeau kept insisting that they were respecting and consulting.

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QP: Doomsaying and expense obsession

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Caucus day, and with Trudeau back from the UN, we had a full leadership deck today (minus Elizabeth May, who is travelling with the electoral reform committee). Rona Ambrose led off, mini-lectern on desk, doomsaying the economy and the looming catastrophes of a carbon tax and a CPP increase. Trudeau reminded her that they have lowered taxes for the middle class and noted that the previous record of not raising them on the wealthy didn’t work. Ambrose moved to the possible extradition treaty with China and that country’s human rights record. Trudeau noted that the dialogue they have established means they can raise difficult questions as well as investment opportunities, while they won’t lower the standards on extraditions. Ambrose worried about Chinese cyber-attacks, and Trudeau noted again that the dialogue allows them to raise difficult issues. Ambrose asked about the extradition treaty again in French, got the same answer, and ended her round asking about a peacekeeping missing in sub-Saharan Africa. Trudeau noted the responsibility that Canada has to the world, and said that they were considering the mission carefully in order to determine what the mission would be, but assured her they would be transparent. Thomas Mulcair was up next and demanded a vote on a peacekeeping mission. Trudeau noted this appreciation for the capacity of parliamentarians to raise issues, but didn’t deliver the necessary civics lesson about why a vote would undermine the role of the opposition. Mulcair touched on the extradition treaty with China, got the same answer that Ambrose got, and Mulcair moved onto a pair of questions about the climate targets not being more robust than those of the Conservatives. In both cases, Trudeau reminded him of their commitment to working with the provinces as they agreed to price carbon.

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QP: Pawns on a chessboard

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While Trudeau and a good number of ministers remained at the UN General Assembly, things carried on back in Ottawa. Rona Ambrose led off, reiterating her line from yesterday about our troops not being pawns on the political chessboard of getting a UN Security Council seat. Harjit Sajjan reminded her that nothing was decided about where they would be deployed and they were still gathering information, and then patted himself on the back for how transparent they were being about it all. Ambrose asked a pair of questions about why there was a sudden change of heart on an extradition treaty with China while they still have the dealt penalty, Sajjan said that they were pushing China on that issue. Ambrose then changed topics to the planned CPP increase, and Bill Morneau said that they still planned on keeping TFSAs and that the rate would increase with the Consumer Price Index, and then they went one more round in French. Thomas Mulcair concerned trolled about the Liberals still using Stephen Harper’s GHG targets, and Jim Carr said that they were planning to increase the targets as they went along. Mulcair went another round in French, and Carr reminded him of the pan-Canadian targets being negotiated. Hélène Laverdière asked if the government would repeal the ministerial directive that allows information obtained by torture to be used. Ralph Goodale didn’t make a firm commitment, only noted that they were giving the whole national security apparatus a thorough review and that legislation on a parliamentary oversight body was before the House. Laverdière then returned to the issue of the extradition treaty with China, but got much the same response from Sajjan that he gave before.

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Roundup: Don’t take conventions to court

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A group of East Coast lawyers has decided to launch a court challenge about the possibility that the government might appoint a new Supreme Court justice that is not from Atlantic Canada, and my head is already hitting the desk because while you can conceivably argue that the regional composition of the court may very well be a constitutional convention, by that very same argument, a constitutional convention is non-justiciable, so you can’t actually take it to court.

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So, to recap, until an appointment is actually made, the whole quixotic venture is premature. Constitutional conventions are politically enforceable but not legally, in part because we don’t actually want people to constantly take the government to court when they lose at politics (which already happens too much – and it’s almost as bad as writing to the Queen when you lose at politics). There was a court case not too long ago when Democracy Watch took the government to court because Stephen Harper went to the Governor General to call an early election despite the (useless) fixed-election date legislation having been enacted, and the courts dismissed it because prerogative powers are constitutional conventions (and while unwritten, are nevertheless still part of our constitutional framework).

And don’t get me wrong – I do think there is a very good case that the regional composition is a constitutional convention because it reflects the federalist principle that is necessary to give its decisions the political legitimacy necessary to be the arbiter of jurisdictional disputes in this country, and that is a pretty big consideration. But the courts are probably not the best place to solve this issue. Having the Atlantic premiers write the Justice Minister to warn her about breaching the convention is probably a better course of action, as would having backbench Liberal MPs from the region expressing their displeasure (though, for all we know, they may already be doing so behind closed doors in the caucus room). And a public campaign that lays out this argument (as opposed to just one centred around it being unfair or about maligning the political correctness of trying to find a new justice that better reflects certain diversity characteristics) wouldn’t hurt either. But this group of lawyers should know better than to try and make a non-justiciable issue justiciable.

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QP: Back in the saddle

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Everyone’s back, and raring to go, and how I’ve missed them all! Well, okay, not everyone’s back — the PM and several of his ministers are off at the UN General Assembly (where Canada’s Back™), but these things happen.

Rona Ambrose led off, mini-lectern on desk, decrying tax increases along with a potential carbon tax and CPP increases. Bill Morneau stood up to lament the challenges facing Canadians, and noted the reduction in middle-class taxes and the Canadian Child Benefit. Ambrose gave the doom statistics, and Morneau reminded her that investments and not austerity were geared toward future growth. Ambrose changed tactics and sounded the alarm about a peacekeeping mission in sun-Saharan Africa. Harjit Sajjan reminded her that it was dangerous, and that was why he was doing the necessary homework beforehand. Ambrose worried that troops were being used as pawns on a political chessboard in a bid for a UN seat. Sajjan reminded her that it was not just about troops, but a whole-of-government approach to peace operations and stability. Ambrose switched to French to demand a debate and vote on a deployment. Sajjan said they welcomed a healthy debate, but did not commit to a vote (as is proper). Thomas Mulcair was up next, decrying the “cuts” (read: changed escalator) to health transfers. Jane Philpott said she was talking with the provinces, but didn’t commit to restoring the old escalator. Mulcair asked again in English, got the same answer, and then Mulcair demanded that the government vote in favour of nuclear disarmament at the UN this week. Sajjan said that the best way was a pragmatic step-by-step approach. Mulcair demanded GHG reduction targets, and Catherine McKenna said that they were being transparent in their approach.

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Roundup: Precious conformity

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Conservative MP Garnett Genuis penned an analysis piece for Policy Options that tried to explain why MPs vote in lockstep, and it’s just so precious you can barely stand it. Genuis dismisses the talk of heavy-handed PMO and whips offices, and after some lengthy discussion, concludes that it’s the human nature of conformity that’s at play. His mode of analysis was the voting record on C-14, the highly contentious medical assistance in dying bill.

It’s not that Genuis doesn’t have some good – if somewhat infuriating points – in the piece, talking about how MPs are so busy with their constituency work that they just don’t have the time to sit down and study the legislation that they were elected to be considering. That one nearly made me blow a gasket, considering that constituency work isn’t actually part of an MP’s job description and its growing importance has come at the expense of their actual jobs of holding government to account. That Genuis uses it as an excuse for having MPs let the “experts” in their leaders’ offices tell them how to vote is utterly galling. I can see why they would use this excuse, but that doesn’t mean that it’s a good one or one that we should let them get away with (but then again, almost nobody knows what an MP’s actual job description is, least of all the MPs themselves, and yes, that is a Very Big Problem. His better points, however, included that sometimes it’s good for local nominations to see that an MP will be willing to break ranks from time to time, but it’s a mixed bag when they also need to be seen to have a united front with the party. It is a tension that he doesn’t delve deeply enough into.

But so much of his thinking is flawed, in part because he relies on the data of votes on a single contentious bill rather than a broader sample, which would produce a more thoughtful discussion, and also because he ignores the other incentives for why MPs will vote in lock-step. For some parties, like the NDP, the need for solidarity in all things means a much more conformist voting pattern in all things, and there is an internal culture of bullying to keep MPs in line so as not to be unseemly with dissent. With government backbenchers, there is the hope that toeing the line enough will earn you a post in cabinet or as a parliamentary secretary, because the ratio of cabinet-to-backbench seats is still too low in Canada to encourage a culture of more independent backbenchers in safer seats willing to do their job of holding government to account. There is also the pressure – which We The Media shamefully perpetuate – that you don’t want to be seen as breaking ranks lest it reflect poorly on the leader (though this seems to be a bit less so under Trudeau who has been vocal about encouraging more free votes). There is no discussion about the blackmail of a leader that can withhold their signature from an MP’s nomination papers during the next election (or whatever the mechanism is post-Reform Act, because there is no actual clarity in law there any longer). So yes, while there is a human tendency to conformity, it is informed by a whole lot of other factors that Genuis ignores, and that taints his analysis to a pretty fatal degree.

https://twitter.com/emmmacfarlane/status/776734642225475584

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Roundup: No, the LG can’t threaten the premier

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Sometimes you see a terrible column, and sometimes there’s such a piece of hot garbage that you need to don a hazmat suit just to approach it and get hosed off afterward like you just came out of a leaking nuclear reactor. The Toronto Sun’s Christina Blizzard delivered one of those yesterday.

That’s right – this columnist thinks that the lieutenant governor should threaten Kathleen Wynne to shape up or she’ll dismiss her, because 167 years of Responsible Government was just a failed experiment. One lesbian first minister in this province and we’ve decided that it was too much – time to hand power back to the queen and be done with it.

You see! Voters can’t be trusted! Obviously we’d be better off under absolute monarchy again because they won’t let such terrible governments to let themselves get elected and then implement the agendas that they were elected on. It’s like the fanboys in the First Order who remember the good old days of the Galactic Empire and preferred it to the messy democracy of the New Republic.

It’s called confidence. Whichever leader in the legislature or Parliament that can command the confidence of the chamber gets to advise the LG/GG/queen on how to exercise the powers of state. Not a difficult concept.

It is utterly galling that a columnist can be so utterly ignorant of basic civics that this is the kind of utter bilge that they spew onto newsprint. We do have a problem with basic civic literacy in this country, and when you have columnists like this spreading complete nonsense out of some sense of partisanship, it gives a warped impression to people who read this and makes them believe that it’s actually normal and expected that the GG or the LG can boss around a government that you don’t like. No. Absolutely not.

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So let me reiterate that Blizzard’s column is utter hot garbage. If the Sun had any shame, they’d pull it and apologise profusely for putting it out there, and Blizzard would be sent to a remedial civics course, but I doubt that’s going to happen because she’s just passionate about how bad Wynne is, or some bullshit excuse like that. So in the meantime, I’ll just leave this here:

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