Category: Justice

The courts vs the Harper cabinet: This time it's over refugee health care

Jason Kenney

This morning, Federal Court of Canada Justice Anne Mactavish delivered a sharply worded judgement slamming a decision, made by Prime Minister Stephen Harper’s cabinet, to deny some refugee claimants the benefits of Canada’s publicly funded health care system.

It’s the latest clash between the Harper government and the country’s judges.

Some quotes from the 256-page judgement [which you can read for yourself here]: Continue reading The courts vs the Harper cabinet: This time it's over refugee health care

PMO surprised Supreme Court nomination goes upside down

Supreme Court of Canada

On October 3, 2013, Prime Minister Stephen Harper announced that he would be appointing Marc Nadon to fill a vacant Quebec seat on the Supreme Court of Canada.

Today, the Supreme Court, in a 6-1 ruling, said, no, the prime minister would not be appointing Nadon to the court. Continue reading PMO surprised Supreme Court nomination goes upside down

What really bugs Conservatives about the Supreme Court prostitution ruling

Supreme Court of Canada

The Supreme Court today delivered a landmark ruling on prostitution. My colleague Daniel Proussalidis has the news here and Justice Minister Peter MacKay has released a statement in response.

Another colleague this morning remarked that reaction among those who vote for candidates of MacKay’s party, i.e. The Conservative Party of Canada, is likely to be mixed: The libertarian set will see nothing wrong at all with what the Court is saying. The social conservatives, on the other hand, will be terribly distressed.

But both libertarians and social conservatives are likely to be upset at the fact that these decisions — landmark decisions — are not being made by any legislature or by any government that must regularly defend its decisions to voters, but instead are being made by judges.

Employment Minister Jason Kenney was asked about this decision at a press conference he gave in Calgary on another matter hours after the release of the court ruling. Kenney sums up this ‘conservative’ objection: “I think that in our system of government there is an understandable primacy of Parliament as the democratic deliberative process and that my own view is that the judiciary should be restrained at the exercise of judicial power in overturning a democratic consensus. Having said that, we of course respect the independence of the judiciary and its role. We will review the decision and determine what is the necessary next step to ensure the protection of vulnerable women from sexual exploitation.”

Maclean’s political editor Paul Wells talks about what Kenney is getting at in his book The Longer I’m Prime Minister and while I’m going to quote a big chunk from that book here on this topic, there is more in the book … Continue reading What really bugs Conservatives about the Supreme Court prostitution ruling

Trudeau tweet provokes debate on mandatory minimums

The first one to take a kick at this week’s political football was Liberal leader Justin Trudeau, who said on Twitter on Sunday he would be prepared to reconsider some of the mandatory minimum sentence provisions brought in by the Harper government over the last few years.

Ok. Interesting idea. Tell me more. Which, in Trudeau’s view would be the most likely mandatory minimum sentence (hereinfter known as MMS) provisions to roll back?

He didn’t expand on this on Twitter, so I e-mailed Trudeau’s press people yesterday morning with this message: Continue reading Trudeau tweet provokes debate on mandatory minimums

Trudeau would re-think Harper's mandatory minimum sentences

Earlier this month, a judge in Kitchener, Ont. said he was “embarrassed” to do what Parliament had told him to do and levy a “victim surcharge” fine on those convicted of crimes.

Last month, a judge in Manitoba said the decision by Parliament (i.e. the Conservative majority) to impose mandatory miniumum sentences in all cases results in “cruel and unusual punishment” in some cases. The judge ignore Parliament’s wish and did not impose a mandatory minimum sentence.

Those two judges — and others who don’t like Parliament telling them what to do — have a friend in Justin Trudeau who, a few minutes ago on Twitter, responded to a question about mandatory miniumums this way:

 

London mayor, former federal minister, charged with fraud

London Free Press colleague Chip Martin had a front-page scoop in mid-October:

Government cheque paid for ex-MP Joe Fontana’s son’s wedding reception

LONDON, ONT. – Federal tax dollars paid the $1,700 deposit on the 2005 wedding reception for Mayor Joe Fontana’s son, QMI Agency has learned.

And the then-manager of the London facility recalls another cheque issued by the feds appeared several months later to cover the outstanding $18,900 Fontana still owed. … [Read the rest of Chip’s story]

Today, the RCMP made the following announcement:

Continue reading London mayor, former federal minister, charged with fraud

An "acceptable decision" to hang a terrorist in India

Outside Chabad House
MUMBAI, India – The bullet holes from shots fired by terrorists who tortured and murdered the occupants of the Jewish community centre in November, 2008 could still be seen outside the centre when Prime Minister Stephen Harper and Laureen visited the site a year later. (DAVID AKIN)

On November 26, 2008, Islamist terrorists landed in small dinghies on the shores of Mumbai, India and, over the next three days killed 164 and wounded 308.

Most of the attackers were killed by the police and army in fierce battles.

On Wednesday, at 7:30 a.m. local time, Indian authorities hanged the lone survivor of  the terrorist squads that attacked Mumbai. Continue reading An "acceptable decision" to hang a terrorist in India

Khadr's no threat, his U.S. army lawyer says

U.S. Army Lt. Col Jon Jackson is the court-appointed defender for convicted Canadian terrorist Omar Khadr. Jackson was in Ottawa Thursday and we asked him about Khadr, his state of mind, and Jackson’s assessment of how Canadians should think about him.

Continue reading Khadr's no threat, his U.S. army lawyer says

Hoeppner celebrates death of gun registry, defends lawful access bill

Conservative MP Candice Hoeppner was in the spotlight today. First, third and final reading of the bill that will kill the long-gun registry passed the House of Commons. Hoeppner has been at the “face” of Tory attempts to kill the bill  for the last couple of years. Second, as parliamentary secretary to the Minister of Public Safety, Vic Toews, Hoeppner has had to defend the controversial “lawful access” legislation, Bill C-30. (I’m not a fan). Continue reading Hoeppner celebrates death of gun registry, defends lawful access bill