In the Parliament

Incoherent Legislation and Crisis-Ridden Proceedings

Parliament adjourned on Wednesday, June 23 following a session replete with incoherent legislation and crisis-ridden self-serving proceedings. It is scheduled to reconvene on September 20 but nothing is certain because speculation abounds that the Trudeau government will call a federal election before that. Even so, an hour before adjournment, the Liberals presented new so-called anti-hate legislation, with the additional threat of more social-media regulation to come. It is intended to permit the government to use its police powers to curb freedom of speech when it comes to the right of the people to speak and communicate their views, thoughts and opinions about matters of concern to the polity, while giving a green light to authorities at various levels to defame and criminalize people who refuse to toe the line the authorities have summarily declared comprises Canadian values.

Throughout this session of Parliament, the government has engaged in many self-serving shenanigans in order to skew the playing field in its favour should an election be called. This brings the serious concern before the electorate of how it should respond to its own advantage, not that of the system of cartel party government whose main aim is to keep the people disempowered.

The Liberals standing in the Parliament with the recent organized defection of a Green Party MP to the Liberals, is 155 of the 338 total MPs. This is 15 short of a majority meaning a lot of manoeuvering is going on to get what they call star candidates and to make sure candidates for the opposition parties are knocked out of the running in various ways. The minority Liberal government has been able to get its legislation adopted primarily with the support of the 32 Bloc Québécois and 24 NDP members.

Meanwhile, to make sure the Liberals control the Senate, on June 22 Trudeau announced his latest appointments to the "red chamber" which are plum positions given for services rendered. The new appointees are Hassan Yussuff, Bernadette Clement and James Quinn. Yussuf, until three days prior to his appointment was president of the Canadian Labour Congress and much praised for supporting the Liberals in free trade negotiations that cripple the working class in the U.S., Canada and Mexico in myriad ways. Clement is the former Mayor of Cornwall, Ontario, a crucial border crossing with the U.S. that lies on Indigenous land. Quinn is President and Chief Executive Officer of the Saint John Port Authority which, according to its website, is "eastern Canada's largest port by volume," and "has a diverse cargo base, handling an average of 28 million metric tonnes of cargo annually, including dry and liquid bulks, break bulk, and containers." It boasts that "with global connections to 500 ports worldwide, Port Saint John is easily connected to central Canadian inland markets by rail and road" and that it is "a facilitator of trade, providing a marine gateway to global markets."

The appointment of these three people as Senators brings the total number appointed by the Liberals in two terms of office to 55. This means the Liberal Party appointments now command a majority in the Chamber even though Liberal Senators are said to be independent. Twelve of the 105 Senate seats remain vacant.

The bills pushed to the Senate before the House ended its session included Bill C-6, an act amending the Criminal Code concerning conversion therapy; Bill C-10, An Act to Amend the Broadcasting Act; Bill C-12, An Act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050; and Bill C-30, An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures.

The pressure on the Senate to push these laws through, raised a drama of opposition because of the last minute delivery to the Senators. This is particularly so with Bill C-10 where there is a controversy about whether or not social-media posts by individuals will now be regulated and controlled through algorithms that the government wants to see on social media platforms in the name of promoting the discoverability of Canadian content. The opposition in the Senate alleges that it constitutes a threat to freedom of speech and also objects to the manner in which the legislation was rushed through the lower house.

The depths to which Parliamentary proceedings have sunk is shown by the fact Bill C-10 reached the Senate without anyone in either the House or the Senate being able to provide a definitive statement on its content or impact. Julie Dabrusin, the Parliamentary Secretary to the Minister of Canadian Heritage says that Bill C-10 "specifically excludes contents uploaded by users" while others, including broadcasting law expert Michael Geist, maintain it does not. In this vein, Senator Pamela Wallin insisted in the Senate that the "Facebook posts, YouTube posts and all of that is subject to discoverability by big tech," to which Senator Dennis Dawson said this was not the case. "Trust me: It does not apply to people. It applies to organizations. People's freedom of speech and expression will not be altered by this bill," he said. This is contradicted by the experience of many whose posts have been blocked or who have themselves received lifetime bans from using the medium at issue, even without Bill C-10 and the further threatened regulatory powers to monitor and control speech on the internet.

What is clear from the complex bill is that it is legislation that significantly expands the regulatory powers of the Canadian Radio-Telecommunications Commission and the Cabinet, with many provisions in it simply deferring to directives to be issued by the Cabinet as to how the Commission will conduct its regulatory powers. It is a concentration of unfettered policy-making powers in fewer and fewer hands. Another name for unfettered policy-making powers is police powers.

In the end, notwithstanding the Liberal predominance in the Senate, it refused to fast-track the new Broadcasting Act and the conversion therapy legislation, choosing to refer it to committee instead.


Irrationality Prevails

Another matter which shows the extent of the irrationality that prevails concerns how an election is to be conducted should one be called during a pandemic.

In October 2020, Chief Electoral Officer Stéphane Perrault requested amendments to the Canada Elections Act that would address health and safety concerns should an election be called during the pandemic. Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response) was tabled in December. The Committee on Procedures and House Affairs (PROC) tabled its report and final amendments to Bill C-19 two days before the scheduled summer recess, but it was not selected as priority legislation by the Liberals.

The House of Commons' handling of the legislation not only reveals utter disregard for the health and safety of electors and election workers, but the ease with which one hand contradicts what the other is doing. In May 2021, members of the House of Commons unanimously adopted a motion declaring that an election should not be called until the pandemic is over. Unanimous means it included the Liberals. Some MPs went so far as to argue that the motion was excellent because it would provide more time for PROC to study Bill C-19 -- the very bill enacting the conditions for an election during a pandemic.

Bill C-19 also reveals a contempt for Elections Canada, as it supplants the agency's expert advice with largely unexplained party preferences. If it had been passed, Bill C-19 would have extended polling from a single 12-hour day of voting on Monday to three 12-hour days on Saturday, Sunday and Monday. This would have been done even though Elections Canada requested eight-hour days on Saturday and Sunday to address the difficulties of hiring 250,000 election workers for 12-hour days during a pandemic, most of whom are seniors. Elections Canada also argued that the two-day weekend voting would assist in securing polling locations that would facilitate physical distancing. Even after the head of Elections Canada, Stéphane Perrault, appeared before PROC a second time to reiterate his reasons, PROC members stuck to their own preferences.

Elections Canada was left with no option but to announce that it expects to be prepared to conduct elections safely, using the existing adaptive powers of the Chief Electoral Officer to address problems that arise related to the health and safety of electors and election workers.

Coincidentally, right after Parliament adjourned, the restrictions on public gatherings started being lifted with complicated guidelines issued of what is safe and what is not. This has further fuelled speculation that an election can be called because pandemic conditions allegedly no longer exist.


This article was published in

Volume 51 Number 7 - July 4, 2021

Article Link:
https://cpcml.ca/Tmlm2021/Articles/M510071.HTM


    

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