Last week, a group of lawyers wrote an op-ed in the Globe and Mail, calling for a constitutional challenge to judicial appointments, bemoaning the political process and concern trolling over an apparent declining lack of public confidence in the system – never mind the fact that no such lack of confidence is being expressed anywhere. Leonid Sirota writes an excellent takedown of the proposal here, but there is another concept that this group of lawyers ignores entirely, which is that of Responsible Government. Under our system, a prime minister and cabinet can legitimately make appointments so long as they enjoy the confidence of the House of Commons. Being as we’re a democracy and not a technocracy, it’s a system that allows the government to carry on its necessary business while having a mechanism to be held to account, not only at the ballot box but at any time, the House can withdraw its confidence if they feel the government has abused its powers. It cannot be understated that the whole reason we gained Responsible Government in the colonies pre-confederation is that we wanted control over our patronage appointments, so that they weren’t coming from London. It’s one of the foundational cornerstones of our whole democratic system. That this group of lawyers wants to undermine it with no actual evidence that there’s a problem – rather, what seems to be some fairly partisan sour grapes because they don’t agree ideologically with a small minority of appointments – is troubling. They should know how our system of government works. That they apparently don’t is a very big problem.
Tag Archives: Terrorism
Roundup: Dubious travel bans
As a new policy announcement yesterday, Stephen Harper said that if the Conservatives were to continue to form government after the election, they would introduce legislation to curb “terrorist tourism,” all of which is an entirely ridiculous plan, whether it’s as an issue of mobility rights, of letting the RCMP or CSIS determine who is a “professional journalist” or humanitarian organisation, or the fact that this betrays any shred of libertarianism that the Conservatives profess to hold. (But then again, we already knew that they’re not an ideological party, but rather right-flavoured populists, right?) Justin Trudeau says this is just a distration from economic issues and that Harper has to answer more questions about limiting rights, while Thomas Mulcair doubted the move’s efficacy (while continually repeating that they’re not going to be against any move that reduces terrorism). Anyway, Paul Wells demolished the whole thing in a series of tweets.
https://twitter.com/inklesspw/status/630499372606877696
https://twitter.com/inklesspw/status/630499578689814529
https://twitter.com/inklesspw/status/630500563919204352
https://twitter.com/inklesspw/status/630502075395346433
https://twitter.com/inklesspw/status/630503234944241664
https://twitter.com/inklesspw/status/630505023206752256
https://twitter.com/inklesspw/status/630509157045661700
https://twitter.com/inklesspw/status/630509646487359488
Roundup: Giving terrorists what they want
Because they’re totally not trying to use public service resources for electioneering purposes, it has been revealed that the Foreign Affairs minister Rob Nicholson wanted his department to produce a minimum of three media statements per week regarding the security threats posed by terrorism. While they would draw from events around the world, the statements would have been a steady stream delivered to media inboxes in the hopes of getting some kind of traction. Fortunately, the civil servants in the department realised this was ridiculous and pushed back, saying it wasn’t a priority for them to fulfil these requests, and good on them for doing so – it’s not their job to try and help the party build a narrative for their election campaign. And no doubt, we’ll likely hear a lot more about the security question from the Conservatives going forward, because it’s not like their economic record is doing them any favours right now. Of course, the irony in all of this is that it would appear to feed directly into the aims of terrorists, which is of course, to create fear. If the government is going to deliver nothing but a stream of statements saying “Ooh, terrorists! Be very afraid!” then doesn’t it mean that they’re letting the terrorists win? Even if they follow it up with the chest thumping about how awesome the government is by taking such a strong stand against them, etcetera, etcetera? I’m at a bit of a loss as to how this is a brilliant strategy in the bigger picture.
Roundup: A mixed pipeline message
There was confusion in the ranks yesterday as to just what the NDP position on the Energy East pipeline is. Recently they said that it was the “cornerstone” of their energy policy, and then comes an interview in L’Actualité where Mulcair is quoted as saying that he’s against it. And then Twitter went bananas. The NDP comms staff started rushing out transcripts and partial audio files to counter it, before their youth wing sent out a tweet cheering the opposition to said pipeline – only to have to delete it a few minutes later “for clarification.” Suffice to say, it did look a bit sloppy, and like he’s trying to give two separate messages to two different parts of the country – something that the party has certainly done before.
https://twitter.com/InklessPW/status/621781691946954752
https://twitter.com/aradwanski/status/621790674044776452
@kady @BeetonSteve @RosieBarton @NDPHoC_NPDCdC 🙂 pic.twitter.com/xIEVvFS7kb
— David Valentin (@davidvalentin) July 16, 2015
https://twitter.com/bruceanderson/status/621797933323841540
I haven't heard the whole interview. The bit NDP sent doesn't have those words. If there is a bit with those words, NDP is in big trouble.
— Stephen Maher (@stphnmaher) July 16, 2015
https://twitter.com/InklessPW/status/621808388113100800
https://twitter.com/InklessPW/status/621808715474317312
https://twitter.com/InklessPW/status/621809490409734144
OK, Mulcair's position on Energy East makes sense, but only if he's running for Leader of the Opposition.
cf @InklessPW's Fourth Rule.
— Stephen Gordon (@stephenfgordon) July 17, 2015
How does "We oppose Energy East unless we approve of enviro eval process" translate into what the NDP would do as govt?
— Stephen Gordon (@stephenfgordon) July 17, 2015
Roundup: Abusing the Senate for partisan ends
The parade of people looking aghast at that Senate committee interim report continued yesterday, much of it with the usual cartoonish depictions of the Senate as a whole, never mind that this was a small group of Conservatives that made the recommendations in an interim report, and the Liberals on the committee explicitly dissented from it. Yes, the proposal is problematic and no doubt there are many in the Muslim community who are sceptical because it’s not a monolithic religion. Even those who are supportive in theory, because of the problem of foreign-trained imams that are more likely to come from radicalised schools, are wary of the current government and its mechanisms for dealing with it, though it has also been noted that the government already issues work permits for these imams, so perhaps that is a tool they could better use now. The report did mention what happens in Europe, but the language is vague, and what does happen in many European countries is providing funding for imam-training schools, with the intention of helping them learn about the language and culture of the country they’re heading to. Could this be what they mean? Maybe, but it’s still an interim report, so we won’t know until maybe December, assuming that the next parliament is actually constituted by then. So what to make of it? John Ivison posits that the report reads like a Conservative election platform, and I don’t think he’s wrong. This government has not been above abusing the Senate for its own ends before, and it looks like they’re doing it again. And yes, you’re going to look aghast at the suggestion that the Senate is partisan, never mind that it is and always has been – it’s usually just less partisan because Senators don’t need to campaign for re-election. It’s also in a difficult period right now because the majority of the Conservatives in the Senate were appointed in a manner that stressed the Chamber’s ability to absorb them, and that in turn led the Conservative leadership therein to further abuse the chamber by going heavy on the whip. It is a problem that may not be solved until Harper is no longer the party leader and this group no longer feels beholden to him. Until then, we should be critical, but let’s keep said criticism in perspective. The institution itself is not to be faulted because it currently has some problematic appointments and a Prime Minister that is keen to abuse it.
Senator Mitchell goes on the record for why the Liberals dissented from the committee report. #SenCA #cdnpoli pic.twitter.com/x9hZPn0YS6
— Dale Smith (@journo_dale) July 9, 2015
Roundup: A curious recommendation
The Senate’s national security and defence committee released an interim report yesterday on countering the terrorist threat in Canada. The report made some 23 recommendations, many of them critical of what the government has and has not yet done, such as making it a criminal offence to be part of a terrorist organization, or having a “no-visit” list to keep known ideological radicals out of the country. The one that got the most attention on Power & Politics and subsequently the Twitter Machine was recommendation 9, which suggests the government “work with the provinces and the Muslim communities to investigate the options that are available for the training and certification of Imams in Canada.” And then they were off about how this was criminalizing speech and thought, and how it was likely to be a Charter issue, but actually reading the report itself, the preceding section noted the problems of amateur prison proselytizers, and that members of the Muslim community were concerned about foreign-trained imams spreading extremist ideology, and noted that certification is already the case in Europe. Not much further down in the report is a reputable Calgary imam talking about how extremist ideology is being protected on campuses under the guise of “academic freedom.” In this context, the recommendation doesn’t seem nearly as extreme as it was presented, but hey, it’s not like that context made it into some of the articles (not that surprising, unfortunately). This having been said, there remain problems with the report, which is why the Liberal senators dissented from the report, looking for more counselling, early intervention, study of the roots of radicalization, and more importantly resources for RCMP that the government seems reluctant to do. Is it perfect work? No. Is it better than we’d get from the Commons? Yes. It’s also still an interim report, and more work will be done on it in the next parliament, so perhaps things will improve with it before the final version is issued. In the meantime, it’s not a bad thing that senators are actually talking about this issue without relying solely on slogans.
Senate QP: Intelligence sharing questions
It was an early start in the Senate, and only one statement was made, regarding the committee report on on-reserve First Nations housing. Routine proceedings sped along, and the QP started, Senator Mitchell asked about the recent media reports on intelligence information sharing, and that the agencies asked only for more sharing and not broad powers. Carignan talked about protecting Canadians from jihadis and then raised the news of today’s attacks in France and Tunisia. Senator Plett tried to rise on a supplemental, but Mitchell wasn’t finished yet, and after some back-and-forth, Mitchell carried on with the questions about the unnecessary overreach in C-51 that CSIS didn’t ask for, but Carignan insisted they were concerned about the safety of Canadians. Mitchell noted the lack of oversight for intelligence agencies and how that would show leadership, but Carignan moved immediately to partisan swipes, saying he felt safer with Harper than with Trudeau. Mitchell started mocking Harper’s “leadership” in not getting pipelines, and asked again about oversight, and Carignan insisted things were great with SIRC. Mitchell gave one last attempt to get more of a commitment to oversight, but it did not happen.
Roundup: Ham-fisting a simple request
The signs of the current government’s incompetence at handling the big files are numerous, but recent revelations about their anti-terrorism legislation just may take the cake. Documents obtained by The Canadian Press show that last year, Canadian intelligence services said that they were looking for “significant improvements” to information sharing between the various agencies – but they wanted them within the existing legislative framework. They didn’t need all kinds of new powers or expanded mandates, and yet, the government turn around and brought in C-51, which did just that. Because this government, after almost a decade in office, apparently doesn’t know what they’re doing, gave the intelligence services a ham-fisted, overly broad new suite of powers that they didn’t need – or even want, if these documents are to be believed – because they had managed to terrify themselves thanks to a couple of lone-wolf attacks on home soil. They drafted a bill that was so sloppy and terrible that every expert on the subject could hardly believe it. And their inept communications strategy around the bill managed to get every civil society group up in arms over it, creating a second sweep of paranoia (despite the fact that no, the bill had nothing to do with trying to expand surveillance to civil society groups or use terrorists as cover for trying to bring the hammer down on First Nations – a simple look at the fact that the government has underfunded CSIS and the RCMP will tell you pretty much everything you need to know about their intentions). It looks to be just one more example of where this government once again rejected expert advice in order to make themselves look like they were getting tough on terrorism – as effectively as they’ve gotten “tough on crime” – and they managed to balls things up for themselves and everyone else in the process. Would that we could have some grown-ups leading this country for a change.
Roundup: The Reform Act makes everything worse
On a vote of 38 to 14, with four abstentions, Michael Chong’s Reform Act passed third reading in the Senate last night, despite a couple of late attempts at amendments that were designed to essentially kill the bill. MPs who bullied senators into passing the bill – Chong included, never mind that he wants them to kill a different bill he doesn’t agree with – were jubilant over social media, but they all seem oblivious to the fact that they’ve just undermined their own stated goals in passing this bill. I’ve written on the subject numerous times – here, here, here, here and here, and long story short is that it won’t actually remove the power of the leader to veto nominations because it doesn’t stop the leader from just giving his chief-of-staff that power, and instead of giving caucus the power to remove a problematic leader, it insulates that leader by creating a high enough bar that any MP who grows enough of a spine to go public will face a media that demands the names of the twenty percent of other rebellious MPs, and any opposition will crumble. Oh, and our current broken system of unaccountable presidentialised leadership selections are now being codified into legislation because we really want to make sure that we really break our system of Westminster democracy well and truly while patting ourselves on the back for “modest reforms.” It’s not reform, and I can guarantee that we will live to regret it, like we have every other “reform” attempt that has inevitably made our system worse off. Congratulations, 41st Parliament – you’ve done an ace job in making things worse. Slow clap.
Roundup: Good questions about Trudeau’s proposals
There have been a few good responses to Trudeau’s big announcement on Tuesday, including by Emmett Macfarlane and to an extent Andrew Coyne (though I have some respectful disagreements on points he’s made). But two of the best came in the form of Twitter essays, so I’m just going to post them here for your benefit, because they were that good.
https://twitter.com/jandrewpotter/status/611170331756138497
https://twitter.com/jandrewpotter/status/611170765392642048
https://twitter.com/jandrewpotter/status/611171120985706496
https://twitter.com/jandrewpotter/status/611171784683991041
https://twitter.com/jandrewpotter/status/611172117275521025
https://twitter.com/jandrewpotter/status/611172270812205056
https://twitter.com/jandrewpotter/status/611172430577471489
https://twitter.com/jandrewpotter/status/611172648702193664
https://twitter.com/jandrewpotter/status/611172838297329665
https://twitter.com/jandrewpotter/status/611173239570608128
https://twitter.com/jandrewpotter/status/611173399008706560
https://twitter.com/jandrewpotter/status/611173665888010240
https://twitter.com/EmmMacfarlane/status/611187983883083776
https://twitter.com/EmmMacfarlane/status/611188306441842689
https://twitter.com/EmmMacfarlane/status/611188371168305152
https://twitter.com/EmmMacfarlane/status/611193729186156544