Omar Khadr prison interview overruled by Vic Toews' office

A federal cabinet minister rejected a request for a prison interview with former Guantanamo Bay detainee Omar Khadr even though the warden gave it a green light — a move some are denouncing as extraordinary political interference.

Documents obtained by The Canadian Press under the Access to Information Act show the warden of Millhaven Institution, where Khadr is in maximum security, approved the interview request made by the news agency in January, only to be overruled.

The refusal came from the office of Public Safety Minister Vic Toews to Correctional Service Canada (CSC), records show.

Under normal procedure, the warden of an institution makes the final call on granting a reporter access to an inmate, subject to a CSC policy known as Commissioner's Directive 022.

Among other things, the directive requires agreement from the prisoner to talk to the reporter, and any interview cannot pose a security threat.

The documents show Prime Minister Stephen Harper's own department immediately flagged the initial interview application, and asked to be kept in the loop.

"We'd be interested if anything develops on the (request)," Christopher Williams, a senior analyst with Privy Council Office, wrote in an email to Correctional Service Canada.

In this case, Millhaven Warden Kevin Snedden approved a telephone interview with Khadr. Documents show regional headquarters supported his decision.

"Following the warden's detailed assessment of the request against Commissioner's Directive CD-022, it was concluded that the request complies," Christa McGregor, senior media relations adviser, wrote in an email Feb. 22 to senior ministry and ministerial staff in Toews' office.

Within 90 minutes, however, the request was nixed.

"This interview is not approved," Julie Carmichael, Toews's director of communications, responded in a terse internal email.

Move called unusual

The decision to overrule the warden took Correctional Service insiders by surprise, prompting a further flurry of emails that reached the highest levels of the ministry.

A public servant familiar with the file, who insisted on anonymity out of fear of government retribution, said what had happened was highly unusual.

The interview request was "subjected to significant and extraordinary scrutiny from CSC's national headquarters and overt political interference," the person said.

"The warden approved of the interview taking place — and approved again after being told to reassess — before finally, and after much 'off-line' conversation with direct pressure from headquarters and the minister's office, denying the request."

It was not immediately clear what role the cabinet office played.

Wayne Easter, a former Liberal solicitor general, expressed surprise at Toews's involvement, saying he couldn't think of an instance where something similar had happened during his time in office.

"It's very much overstepping the bounds of the minister's jurisdiction," Easter said. "As long as the protocols are met, (the interview) should go ahead."

Appeal by Khadr

Khadr has been housed in Millhaven west of Kingston, Ont., since his transfer last September to Canada from Guantanamo Bay, where he had already spent 10 years behind bars.

He had pleaded guilty before a widely discredited military commission in October 2010 to five war crimes — among them killing a U.S. special forces soldier — committed as a 15 year old in Afghanistan. He was given a further eight years behind bars.

Khadr, a 26-year-old Toronto native, will be appealing his plea-bargained guilty plea and war crimes convictions in a U.S. civilian federal court, his Canadian lawyer Dennis Edney told CBC News on Saturday.

The U.S. Office of the Chief Defence Counsel has named lawyer Sam Morison to lead an appellate team of attorneys to represent Khadr.

Khadr's legal team believes that "none of the charges" to which he pleaded guilty are war crimes under international law, Morison told CBC News in a telephone interview on Saturday.

If the court agrees with Khadr's legal team, it could prompt his release from prison.

Interview said to pose security risk

In its refusal of the of the interview request — denounced by Khadr's lawyer as Conservative government "propaganda" aimed at demonizing him by keeping him out of the public eye — Correctional Service Canada cited the commissioner's directive for rejecting the interview.

It said access could pose a security risk or be disruptive, and would undermine his correctional plan.

Nowhere in the records is there any indication the warden initially found those to be issues.

Asked to comment on the minister's interference in the process, Carmichael would only say Toews expects consideration of interview requests to take into account the "nature of the offences" of which the individual has been convicted.

All requests to talk to other bureaucrats or political operatives involved were denied, with media relations officials citing the Privacy Act.

With files from CBC News

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B.C. election debate turns spotlight on leadership styles

As the B.C. election nears its halfway mark with tonight's televised leaders' debate, it's become apparent how the campaign styles of the two main contenders couldn't be more different.

They are both after the same thing, convincing voters to give them four years in office. Yet Liberal leader Christy Clark and the NDP's Adrian Dix have each charted very different courses to reach that same destination — strategies that raise the performance stakes enormously for tonight's all-party debate.

Back on Monday, April 15, one day before the official start, Clark's Liberals gathered reporters in a conference room at an upscale Vancouver Hotel where, in one fell swoop, they released the party's entire election platform.

There would be no drawing out the announcements one at a time over the course of the campaign, and Clark insisted this was the responsible thing to do, to ensure voters were given the full picture of the party's plans right away.

Mind you, releasing a platform at all hardly seemed necessary given that the majority of the platform content had already trickled out over the previous few months, not least in the ruling Liberal's speech from the throne and provincial budget in February.

Still, it was all out in the open before the writ was even dropped.

There's a problem with that strategy, however, as each day the campaign wore on the Liberals still had a bus full of reporters looking for something fresh to say.

Giving the media no daily announcements, Clark and the Liberals had opened themselves up to one of the most dangerous situations in politics, the prospect that reporters who aren't given something obvious to write about, will find something on their own, often not what the campaign team wants.

In fact, much of the questioning Clark has been facing on a daily basis hasn't been about her campaign, but about her reaction to what the NDP was putting out.

So not only are the Liberals not generating their own positive-news headlines, they are also seen largely as simply reacting to the NDP.

In an election setting, those are the optics of a party preparing to be in opposition, where you're almost always in reaction mode — as opposed to being the government, where you set the agenda and others react to you.

Dominating the headlines

While the Liberal leader has been touring the province essentially giving the same stump speech, the NDP has been feeding the media and the public a daily, albeit small, dose of its platform.

This has provided the party with nearly two weeks worth of NDP-oriented stories. Or nearly two weeks of almost completely controlling the campaign news agenda.

That's not to say the NDP has come off unscathed with this strategy. It has had to deal with at least a couple of controversies, such as an embarrassing first day when its Kelowna-Mission candidate, Dayleen Van Ryswyk, had to be dropped for making controversial online remarks about French-Canadians and First Nations people.

There has also been continued fallout from the Vancouver business community over the decision last week to oppose the Kinder Morgan oil pipeline project from Alberta to Vancouver harbour.

This was a project — twinning an existing pipeline over the same route — that Dix had only recently said would be irresponsible to make a decision on until the company made its formal application.

Still, in comparison to the Liberals, the NDP has managed to nearly dominate the news agenda with the content that it wanted, and both sides should be familiar with the last time an opposition party in B.C. was commanding that dynamic during an election campaign.

It was in 2001, when the opposition Liberals (under Gordon Campbell) was getting ready to unleash a 77–2-seat walloping of the ruling NDP.

Debate stakes

So that brings us to now, and the stakes that are being set for Monday's televised leaders' debate, the only one of the campaign.

B.C.'s four main party leaders, after Friday's radio debate. From left: NDP's Adrian Dix, the Green Party's Jane Sterk, Liberal Christy Clark and John Cummins, Conservative. (Canadian Press)

The NDP has now completed its slow platform rollout and, like the Liberals, has nothing really new to announce. So the tough part begins.

For the NDP, there will be no more setting the agenda by default because it was the only one with policies to announce. The NDP now needs to find a way to keep alive the optics of being a government in waiting while the focus, because of the debate, may shift more to the question of leadership.

For their part, the Liberals need to find a way to take those optics back, which they are hoping to do Monday night when the debate cameras switch on.

Even the most steadfast Dix supporters and the most critical Clark naysayers will acknowledge this kind of forum definitely plays to Clark's advantage.

While incredibly smart and policy savvy, Dix has never appeared comfortable in front of the camera.

Having covered him as a reporter for nearly a decade now, I can say he's become a lot better, but still has his awkward moments.

He's not always sure when to smile, when not to, where to look, where not to. Whereas Clark seems not to even notice the bright studio lights or the awkwardness of speaking into a camera lens.

So the question now is whether Clark can harness that advantage and use tonight's debate to pull herself and her party back into the race.

Although the gap between her Liberals and the NDP has narrowed to 14 percentage points, according to the latest Angus Reid poll, that is still a large political mountain to climb.

Can she do it? Or has the momentum of the first half of the campaign left a comeback out of reach?

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Tory backbenchers to test ministers after Speaker's ruling

All eyes this week will be on at least two Conservative backbench MPs who say they are prepared to challenge their own ministers in the Commons, following a ruling last week by Speaker Andrew Scheer that left the door open for MPs to speak their minds regardless of their party's wishes.

Conservative MPs from Alberta Leon Benoit and Brent Rathgeber welcomed the Speaker's ruling and in an interview airing Saturday on CBC Radio's The House, told host Evan Solomon they will seek to catch Scheer's attention to challenge one of their own ministers on a matter important to them and the constituents they represent.

"The Speaker's ruling makes it clear that I don't have to have the approval of the party leadership in order to stand up and attempt to do so," Rathgeber said.

Benoit, who had once before complained that his rights as an MP had been taken away due to tight party control, said he thought the ruling "reaffirmed that members of Parliament should be allowed to speak on every issue if they want to as long as they can be recognized by the Speaker."

'It is my hope that I will be able to stand and ask a fair but challenging question on how the government spends taxpayer dollars.'— Conservative MP Brent Rathgeber

Scheer's ruling Tuesday was in response to a complaint by B.C. Conservative Mark Warawa that party whips are muzzling MPs by dictating who gets to speak during the 15-minute members' statements before question period each day.

The Speaker found that Warawa's parliamentary privilege had not been not violated when he was prevented from reading a statement in support of his motion condemning sex-selective abortion because he had other opportunities to do so in the past.

However, Scheer also noted that Warawa had a point as statistics suggest some MPs do not get the same opportunity to speak as others.

According to Benoit, speaking lists which are prepared by the party whip do have "an important role to play, but that shouldn't exclude those who aren't on the list."

"I present pro-life petitions as often as I get a chance.… I think it really is important to have the Speaker recognizing MPs on that issue as well as any other issue," said the member for Vegreville-Wainwright.

For Rathgeber, who recently mused on his blog "Are members of Parliament mere mouthpieces for their respective parties" or are they "sent to Ottawa to represent their constituents in a chamber where free speech and fulsome debate are essential?" the ruling reaffirms rights that have always existed.

'What's wrong with MPs asking some really tough questions of their ministers?'— Conservative MP Leon Benoit

"Parliament exists to hold government to account," he said.

"I believe that some ministers, from time to time, have been disrespectful with respect to their expense accounts and I believe that some departments have budgets that are not justified in times of economic uncertainty where scarce resources are becoming scarcer," Rathgeber said.

"So yes, it is my hope that I will be able to stand and ask a fair but challenging question on how the government spends taxpayer dollars," the member from Edmonton-St. Albert said.

Benoit, who tried to catch the Speaker's attention in the days immediately following Tuesday's ruling but was unsuccessful, said "what's wrong with MPs asking some really tough questions of their ministers?"

Independent MP Bruce Hyer and Green Party Leader Elizabeth May also rose in the Commons hoping to catch the Speaker's eye, to no avail.

While neither MP would say what minister they would challenge, Rathgeber said "at the appropriate time I hope to stand to ask a minister of the Crown to justify or to defend some expenditure, within his or her department, that falls in line with my motivation to ensure that taxpayers get value for money and that we move towards balanced budgets and paying down our debt."

"If you want to participate, you must stand and attempt to do so," Rathgeber said.

A Liberal motion intended to give backbenchers greater freedom to speak first appeared to have the backing of nearly a dozen Conservative backbenchers, but in the end lost steam in the wake of the Speaker's ruling.

The motion, introduced by Liberal Leader Justin Trudeau, would have seen party whips stripped of their power to decide which MPs are allowed to make members' statements and which are not.

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Insiders say Canada 'scammed' by foreign worker industry

Several information technology industry insiders have come forward to expose some of the inner workings of multinational outsourcing companies from India, which they claim exploit Canada's temporary work visa system and bring no real benefit.

"I need to stop this scam. I am hurting," said one experienced Canadian IT worker, originally from India, who told CBC he's been pushed out of his industry as a result of outsourcing.

He and others told Go Public that they have seen up close how the Indian companies operate in banks and other major Canadian corporations, where the multinationals have large contracts to do IT work.

"Nobody is checking what they are doing," said another local worker. "They just use their name and use their money to get the contract."

Workers unqualified

The "scam" allegedly includes bringing in cheaper workers from India – some with grossly exaggerated resumes — who then can't perform on the job, causing delays and mistakes on projects for Canadian companies.

"Our people had to actually redo things. And fix those issues," said one bank insider. "It was really a mess and those were really serious issues."

India's IT sector has spawned several multinational outsourcing companies, which send temporary workers to Canada. (CBC)

The insiders claim there are bonus incentives for managers of Canadian companies that sign on, promises of big savings that can't be delivered and violations of work visa rules in the process.

"They would push the banks to hire these people and to select them over other people that were genuinely more qualified," said a former bank insider.

"There were kickbacks...certain bonuses that were flying back and forth between individuals who were in a hiring position."

A former employee of one of the multinationals said Canadian executives were "dazzled" by the sales pitches, promising workers who could do more for less.

Canadian firms 'dazzled'

"When I go to the kid and say, 'You can own Disneyland for a day,' the kid is dazzled right?" he said. "If people are saying there are saving costs, that is bull***t."

The bottom line, said the people who contacted CBC, is Indian companies are earning millions bringing cheaper IT labour into Canada, while also moving some of the work overseas.

Industry insiders claim they've seen exaggerated qualifications and violations of visa rules. (Getty Images)

The multinational firm charges a Canadian client less per worker than the going rate here, but insiders estimate they still make a 50 per cent profit on each of their foreign workers.

In the meantime, they said, Canadians are shut out of almost all the available jobs, while others are laid off.

"These companies are just big [temp] agencies here and it's immigration through the back door," said another out-of-work Canadian of Indian descent.

Many of the foreign workers only stay in the transient jobs long enough to improve their qualifications, he added.

"They say we are just here to get the Canadian experience and that's it."

They reportedly then apply for permanent residency and get a better job in Canada, or go back to India.

Revolving door

"It's a never-ending revolving door," said the former bank insider. "When we get these people up to speed with these skills...then they will leave."

Dozens of industry people contacted Go Public after they saw the stories about RBC replacing staff with foreign workers. They all spoke on the condition they would not be identified.

"It's very big. It's coast to coast. It's huge and it's every company," said another worker.

Several of them have written to the prime minister, their MPs or the Immigration Department about this in recent years. They said they got little or no response.

"We've been writing. We've been doing as much as possible," said one.

The largest firms bringing IT workers into Canada include TCS, India's largest IT service company, a division of Tata. TCS made more than $10 billion in 2011-12 and reportedly counts the Bank of Montreal, CIBC and TD among its large Canadian clients.

TCS was the only company that responded directly to the claims raised here.

In a statement, it denied its employees exaggerated resumes or violated visa rules. It also denied paying kickbacks and not hiring Canadians, insisting all of those claims are "false and without any merit in fact."

Other companies include iGATE, which provides workers to RBC, and Cognizant, which reportedly does IT work for Loblaw and Manulife. Mahindra Satyam is another company mentioned frequently, for doing IT work for Scotiabank.

"It's out of control now. And it's become so bad," said the former bank insider.

Visa fast track

Several insiders said the multinationals take advantage of a little-known fast track in the work visa system.

"You have your doors open and you let everyone in — so what the heck," said the former multinational employee.

Immigration Minister Jason Kenney is seen here chatting with the head of India's largest IT outsourcing firm in January. (Getty Images)

The government often allows these companies to bypass time-consuming scrutiny of the Temporary Foreign Worker program by giving them an exemption to bring workers in under a visa called an "intra-company transfer".

Under those visa rules, a company can transfer an employee to work in its Canadian branch office, if they have specialized skills or management ability. Once here, they can renew their work permit for up to five years.

"They are supposed to render their services to the employer they are employed with," said the former multinational employee.

In reality, insiders say, the Indian nationals then simply work in the offices of major Canadian corporations and have no exceptional skills.

"I would say 80 per cent of them would hold this intra company transfer visas and they're not eligible or they're not allowed to go to these end client sites," he said.

They may work at several locations, which lawyers confirmed would likely violate the visa rules.

"If what is being told is accurate, we have a serious problem that there are Canadians that are being displaced by individuals that are not bringing specialized knowledge or significant benefit to Canada," said Toronto immigration lawyer Mario Bellisimo.

"And that totally runs contrary to the law as well as to the spirit of the policy."

Fake qualifications

Several insiders claimed worker qualifications were faked or exaggerated on paper in order to qualify for the visas and jobs.

"The resumes were customized to match the skills that the banks required," said the former bank insider.

This Canadian IT professional is driving a cab for a living, because he says he's been shut out by foreign workers from India. (CBC)

She added that some multinational employees told her that if they needed specific certifications they could buy them in India.

"They're buying their qualifications. They are paying for their certificates and coming here and we are looking at them saying, 'Oh this person has a certificate in project management. It's from India.'"

Go Public obtained several resumes from Indian nationals in the IT field. One claimed he was a "Senior Systems Engineer" at 22 years old, but fresh out of school. Another called himself a "Software Developer" at 21, when he had no prior experience.

"The skill sets were exaggerated," said the former bank insider. "They looked too good to be true."

"Some don't even have the degrees," claimed one of the insiders. "They show that they are master's or bachelor's [degrees] or skilled with whatever experience but they don't have it. They do two-week crash courses before coming here."

"Quietly, they really struggle," said another insider. "We help them. And we know, after that, we are going to be replaced."

Government figures show 16,299 foreign workers from India were in Canada in December of 2011, a steady increase from 2,171 in 2002.

Indian companies TCS and iGATE have small offices in Canada, but its employees primarily work elsewhere, at worksites of large Canadian companies. (CBC)

Go Public asked for the latest figures – on how many intra-company transfers were granted in India last year – but was told that information would not be released.

"We are unable to release the stats," wrote Erika-Kirsten Easton, director of ministerial events and media relations for the Immigration Department

Immigration Minister Jason Kenney said the government is now looking at intra-company transfers to make sure they are not being abused, but he says they don't want to go too far.

"It would be hugely damaging to our economy if we suddenly erected huge barriers to the movement of skilled labour within certain companies," Kenney told Go Public.

"At the same time, we want to make sure that people are not using that as a kind of back door to undercut the Canadian labour market or displace Canadian workers," he said.

Internal government documents obtained by Go Public show bureaucrats in the Immigration Department have flagged that corruption in visa applications is widespread.

"Persistent fraud occurs in all business lines," said the internal report on offices issuing visas in India in 2012-13.

"Verification of Indian education, employment and financial documentation is labour intensive and often without conclusive outcomes."

U.S. crackdown

Governments in the U.S. and Britain have already cracked down on multinational firms – going back to 2010 — for taking advantage of the same type of company transfer visas there.

"These other companies are essentially creating multinational temp agencies," said Senator Charles Schumer, a U.S. Democrat who has led the charge to stem the influx there.

"These companies are petitioning for foreign workers simply to then turn around and provide these workers to other companies who need cheap labour for various short term projects."

Several hundred foreign IT workers have come in recent years, to work in several major Canadian corporate offices. (CBC)

A proposed U.S. law is currently in the works which would add further restrictrions by mandating a large portion of their workforce must be American residents.

There are many reports that Indian companies are feeling squeezed as a result.

Several U.S. lawsuits have also been filed against the large Indian companies, alleging various violations of U.S. immigration and labour laws.

'Stop the loopholes'

"This whole file needs to be fixed immediately," said Opposition immigration critic Jinny Sims. "The government needs to stop the loopholes but also needs to do investigations and look into what is going on."

In the meantime, industry insiders claim Canadian companies are losing control of their business while the IT jobs disappear for good.

"Going forward, these costs do escalate," said the former multinational employee.

"It becomes like a mafia. Let's say you have one proved preferred vendor. So over a period of time...you depend entirely on this particular vendor to provide your daily bread and butter services."

"We have to stop this thing. For ourselves and for our children," said one of the unemployed workers. "This country is going to be dependent on foreigners.

Submit your story ideas to Kathy Tomlinson at Go Public

Follow @CBCGoPublic on Twitter

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Foreign worker program changes expected today

The federal government is expected to announce details today of changes to the temporary foreign workers program that will require employers to do more to find Canadian workers so they don't have to look elsewhere.

The expected changes come after a CBC Go Public story earlier this month on use of foreign workers by Royal Bank which sparked public outrage and brought renewed focus on the temporary foreign workers program. The controversy dominated Parliament Hill and had the government defending the program but also promising changes to it so that it is not abused.

One of the reforms expected is that employers will have to demonstrate that they have a plan to recruit, train and hire Canadians first before they can be granted a permit to hire foreign workers. If they have to hire foreign workers they will then need to have a plan to show how they will eventually hire Canadians for those positions.

Another change to the program will be a fee imposed on employers who want to hire temporary foreign workers.

There could also be changes to the current rule that allows for some temporary foreign workers to be paid 15 per cent less than Canadians.

Citizenship and Immigration Minister Jason Kenney and Human Resources Minister Diane Finley are expected to announce the changes late Monday afternoon in Ottawa.

The government said in its March budget that it would make reforms to the program, and they are expected to be included in the government's budget implementation bill that is on notice. It could be introduced after question period in the House of Commons today.

Finley's department oversees the program and issues labour market opinions (LMO) on how hiring foreign workers would impact the Canadian job market. Employers are only given permission to hire temporary foreign workers if they can't find Canadians to fill the jobs and only if bringing in foreign workers won't have a negative impact on the Canadian labour market.

To receive a positive LMO employers have to show what efforts they have made to recruit and train Canadian residents and the potential benefits that hiring foreign workers could have on the Canadian economy. Some work categories are exempt from the LMO requirement. Professionals and business people, for example, who come to Canada as part of international agreements or workers who come as part of an exchange program, do not need a LMO.

The total number of temporary foreign workers has doubled in the last decade, to 338,189 workers.

Some labour economists have been calling for a review of the program to determine if it is adequately addressing labour shortages or whether it is undermining wages and job opportunities in Canada.

Erin Weir, a labour economist with the United Steel Workers Union said in an interview earlier this month that some companies go through the motions of pretending to hire Canadians in order to get a positive labour market opinion.

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Senior Mounties told not to meet MPs without prior approval

Internal emails obtained by CBC News show that RCMP Commissioner Bob Paulson has ordered all senior Mounties to get clearance from his office before committing to any meetings with MPs or senators.

Specifically, they are to notify a liaison office that co-ordinates RCMP strategy with the office of Public Safety Minister Vic Toews.

RCMP Commissioner Bob Paulson, right, has instructed senior Mounties to notify his office before accepting meetings with MPs and senators, similar to the approval required for his own meetings by Public Safety Minister Vic Toews, left, last year. (Adrian Wyld/Canadian Press)

In an email dated March 22 from Paulson to more than 50 chief superintendents, assistant commissioners and deputy commissioners, the commissioner said that meetings or lunches with parliamentarians "can have unintended and/or negative consequences for the organization and the government. Therefore, should you or your staff receive such requests, I am directing that you advise my office and the chief strategic policy and planning officer."

A second email shows the effect of the new policy. It cancels a planned lunch between a senior Mountie and a parliamentarian because of "direction from Commissioner Paulson's office" that such meetings "have to first be approved by the minister's office. This email is to cancel the luncheon."

Message control

The development has opposition critics accusing the government of undermining the independence of the police. "There's a very large pattern in this government of trying to control information," said NDP MP Randall Garrison.

"It's not appropriate for the government to reach into the police operation. It's a very, very fundamental part of what we must be assured exists so that the police aren't doing the work of the government, they're doing the work of the public."

Garrison, who is the NDP critic for public safety, said "these memos raise some very serious concerns about whether the government is interfering in the operations of the RCMP to try and assist in controlling their political message. So I think it's very serious."

Liberal Senator Grant Mitchell, critic for an RCMP reform bill, C-42, said he feared the "politicization of the police force."

Mitchell added that muzzling debate would not help to solve problems of discipline and harassment inside the RCMP — the subject of Bill C-42.

"I don't see any downside to them dealing with these problems, openly exposing them, none at all. It will only lead to solving them and they can take credit for that," said Mitchell.

"All this control, all this media manipulation, all this messaging — centralized as it is — doesn't work."

Toews's office did not respond to a request to explain the new policy. Paulson's office, however, confirmed that it was co-managed with the minister's office.

RCMP spokeswoman Sgt. Julie Gagnon said in a statement that Paulson "wanted to ensure that all information being sent to parliamentarians was co-ordinated through the strategic policy and planning directorate which manages the ministerial liaison function."

Gagnon also said the commissioner wished to "help ensure that the RCMP does not become embroiled in the political debate."

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Trudeau striptease should be praised, charity auctioneer says

Liberal Leader Justin Trudeau should be praised, not pilloried, for taking part in the charity fundraiser that's now being featured in a Conservative attack ad, according to the event's auctioneer, a lifelong Conservative supporter.

Kent Browne, who told Ottawa Morning host Robyn Bresnahan that he was born and raised Conservative, said on the program Friday morning that he admires Trudeau for participating in the annual event, called What A Girl Wants. The Canadian Liver Foundation's event raises money and awareness about liver health for women.

Mostly women attend the dinner, which also features local Ottawa firefighters helping to serve the meal. A lunch date with Trudeau was one of the items up for auction. So was a backyard BBQ with the firefighters.

The Conservative television ad shows Trudeau taking off his shirt at the 2011 event while he walks up and down a runway. It asks viewers whether the Quebec MP has the judgment to be prime minister.

Browne isn't happy that the Conservative Party is using the footage against Trudeau in the ad campaign, which was launched immediately after Liberals chose him as their leader on April 14.

"He comes, and he's a great sport," Browne said. "So I admire that, and I think that's very hard to watch, (the Conservatives) take what was an in-fun, great event charity fundraiser in front of 400 women. If I looked like him, I'd be taking my shirt off too."

Browne said Trudeau is invited to hundreds of events a year, yet he has repeatedly chosen to support the Canadian Liver Foundation, and that should be applauded.

"I have no idea how great a prime minister he'll be or whether he's qualified," Browne said. "I just know he came out for a cause he believed in, for something that was important to friends of ours who have had a liver transplant, and it just seems to take the lustre off his having done such a great job.

Conservative Party stands by its ads

An image taken from material made available to Conservative MPs this week for use in flyers sent to constituents, often called '10 percenters.' (Handout/CBC)

The charity auctioneer said he thinks using the footage against Trudeau could discourage politicians in the future from supporting causes and participating in a lighthearted way. He said he doesn't know if he will change his vote from Conservative to Liberal in the next election. That will depend on what Trudeau and the Liberals end up standing for when the time comes.

"All I can say is, he's one incredible guy," said Browne. He also wrote a letter to the editor that was published in the Ottawa Citizen saying that he was egging Trudeau on during the auction.

The Conservative Party stands by its use of Trudeau taking his shirt off at the event in its advertisements.

"We believe Justin Trudeau's eagerness to perform a striptease, regardless of the venue or putative cause, says something about his judgment," Fred DeLorey, Conservative Party spokesman, said in an email. "The Liver Foundation is an extremely important cause, which many of our caucus were thrilled to support, albeit less ostentatiously."

Labour Minister Lisa Raitt, for example, attended the fundraiser. When the Trudeau ads first aired, she said the Liberal leader showed poor judgment.

"You wouldn't see me making that move, getting up on a walkway and taking clothes off in front of a bunch of men or women," she said.

"What would be the conversation today if that was a female MP who had done that in a room of men, guys? Why don't you think about that?"

The Liberals have responded to the ads with one of their own. Trudeau, a former teacher, is pictured in a classroom and he says he's not ashamed of his previous profession.

The Conservatives suggest in their ad campaign that he doesn't have the necessary experience to be prime minister. Trudeau calls on Canadians to stop finding flaws in each other and instead to work together to build a better country.

Use of 'copyrighted materials'

Meanwhile, former Liberal leader Stéphane Dion has sent a letter to Elections Canada to complain about the Conservative ads.

In the letter, Dion says the ads contain "unauthorized use of copyrighted materials" and notes the ads are being aired nationally, including in Labrador where a federal byelection is underway.

Dion suggests copyrighted material would normally require a licence fee for use, and asks the Commissioner of Canada Elections to rule on whether using the material amounts to a "non-monetary contribution" to the Conservative Party that should be considered a corporate donation, and therefore prohibited by Canada's elections law.

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Jason Kenney wants to know why Via terror suspect wasn't deported

Canada's minister of citizenship and immigration says he was "disturbed to learn a foreigner can get a pardon for serious criminal cases and then be allowed to stay."

Jason Kenney, talking to reporters outside the House of Commons Friday, was referring to Raed Jaser, 35, who has been accused of plotting to derail a Via Rail passenger train in what authorities have called an "al-Qaeda supported" attack.

Jaser was charged this week with terrorism-related offences, along with Chiheb Esseghaier, 30.

Kenney wants to know why Jaser was given permanent residency in Canada, despite the fact that he had a criminal record, and why he was pardoned for at least some of his crimes.

Jaser arrived with his parents and two siblings at Pearson International Airport on March 28, 1993. They travelled from Germany using fake French documents. When the parents made a claim for refugee protection, Jaser was 10 years old and a dependent minor.

The family was denied refugee status, but appealed. They eventually became Canadian citizens, but not Jaser who, during his time in Canada, was convicted of fraud-related crimes five times and uttering death threats. His criminal record meant he was ineligible for citizenship.

In 2004, the government issued a deportation order for Jaser. Five days later he was apprehended and detained. A lawyer for the immigration minister argued that Jaser should be held in detention, but Jaser's lawyer successfully argued that Jaser could not be deported because, as a Palestinian, he was stateless. Even though Jaser was born in the United Arab Emirates, the UAE does not recognize him as a citizen.

It is unknown what year Jaser was issued a pardon and granted permanent residency status in Canada.

"I don't care if you get a pardon or not. If you commit a serious crime in Canada, you should be kicked out, period." Kenney said Friday. "Why should a pardon override a criminal inadmissibility?"

Kenney also wants to see if a stateless person can be deported by Canada, and whether policies should be reviewed.

He explained that Jaser's pardon and permanent residency happened because of "old policies." He pointed out that his government recently passed its Faster Removal of Foreign Criminals Act that will make it easier to remove foreigners who have faced six months or more in jail for a crime committed in Canada, by barring them from appealing a removal order.

Kenney also said he supports a private member's bill tabled by Conservative MP Devinder Shory that would strip citizenship from anyone who commits an act of treason or terror against Canada if they also are citizens of another country. The proposed bill would prevent anyone with permanent residency who commits the same acts from applying for citizenship.

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Paul Martin accuses residential schools of 'cultural genocide'

Residential schools engaged in "cultural genocide," former prime minister Paul Martin said Friday at the hearings of the federal Truth And Reconciliation Commission, adding that aboriginal Canadians must now be offered the best educational system.

"Let us understand that what happened at the residential schools was the use of education for cultural genocide, and that the fact of the matter is — yes it was. Call a spade a spade," Martin said to cheers from the audience at the Montreal hearings.

"And what that really means is that we've got to offer aboriginal Canadians, without any shadow of a doubt, the best education system that is possible to have."

The residential school system existed from the 1870s until the 1990s and saw about 150,000 native youth taken from their families and sent to church-run schools under a deliberate policy of "civilizing" First Nations.

Many students were physically, mentally and sexually abused. Some committed suicide or died fleeing their schools. Mortality rates reached 50 per cent at some schools.

In the 1990s, thousands of victims sued the Canadian government as well as churches that ran the schools. The $1.9-billion settlement of that suit in 2007 prompted an apology from Prime Minister Stephen Harper and the creation of the commission.

But the government has clashed with the commission and recently had to be ordered by an Ontario court to find and turn over documents from Library and Archives Canada.

"Every document is relevant," Martin said. "We have hid this for 50 years. It's existed for 150. Surely to God, Canadians are entitled ... aboriginal Canadians and non-aboriginal Canadians, to know the truth. And so let the documents be released."

New Democrat MP Romeo Saganash also testified on Friday about the damage he suffered in a residential school.

Saganash, who was separated from his family and sent to a residential school in the Quebec town of La Tuque, cried as he described the death of his brother Johnny, whom he never met.

He said his family still doesn't have a death certificate or know what really happened, and that he wasn't even allowed to return home for his father's funeral.

Saganash told the audience at the Montreal hearings that he might look like a normal person but isn't.

'I can never be normal'

"I can never be normal," said Saganash, who for the first few years of his life spoke Cree and lived in nature.

"And none, none of those kids who were sent to residential schools can claim to be normal today. It's impossible."

Like several others who spoke at the hearing, Saganash said injustices to aboriginal peoples did not stop with the closing of residential schools.

"There are still racist policies against aboriginals," said Saganash, who referred to the federal Indian Act.

"Even when we get a victory before the courts, the government continues to fight against our fundamental rights."

With files from The Canadian Press

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Climate change scientist calls Conservatives 'Neanderthal'

The former NASA scientist criticized by Natural Resources Minister Joe Oliver earlier this week for his views on the Keystone XL pipeline is responding by calling the Conservatives a desperate and "Neanderthal" government.

In an interview with Evan Solomon airing Saturday on CBC Radio's The House, James Hansen defended his position that approving the proposed pipeline would be disastrous for the environment.

During a stop in Washington, D.C., to shore up support for Keystone XL, Oliver said Hansen, a leading climate change activist, is "crying wolf" with his "exaggerated" comments about the effects of Alberta's oilsands development on the environment. The minister also said that when a source of energy represents 1/1000th of global emissions, "to say it's the end of the planet if that's developed is nonsense."

Hansen has said if nothing is done to stop Canada's oilsands development it will be "game over for the climate," a position that Oliver said he likely regrets taking and that has hurt his credibility.

Climate change activist and renowned American scientist James Hansen said Prime Minister Stephen Harper's government is showing desperation over the Keystone XL pipeline and is neanderthal when it comes to climate change. (Mary Altaffer/Associated Press)

Not so, Hansen told Solomon. "Not at all," the award-winning researcher said. Hansen was named one of Time magazine's most influential people in 2006. He retired earlier this month from NASA so he could devote more of his time to environmental activism.

"I think he's beginning to get worried because the secretary of state, John Kerry, is well-informed on the climate issue and he knows that his legacy and President Obama's is going to depend upon whether they open this spigot to these very dirty, unconventional fossil fuels," Hansen said about Oliver. "We can't do that without guaranteeing disasters for young people and future generations."

Conservative government 'getting desperate'

TransCanada's proposed pipeline would stretch from Alberta to Nebraska and the project is on hold while the Obama administration considers whether to give it a stamp of approval. Oliver was in Washington lobbying for the pipeline just as the U.S. Environmental Protection Agency publicly rebuked the State Department over its positive environmental assessment of the proposed pipeline.

In a letter sent Monday that was widely seen as a setback for the pipeline, the EPA raised serious concerns about the project's carbon footprint and criticized the State Department's draft analysis.

"That shows that they're getting desperate," Hansen said, referring to Oliver's comments about him. "They realize that the Keystone XL pipeline probably will not be approved because the secretary of state and the president are beginning to realize what the implications (are) for young people and future generations."

He also had a blunt assessment of the Conservative government's approach to climate change and action on the environment.

"The current government is a Neanderthal government on this issue, but Canada can actually be a leader," he said. Hansen mentioned British Columbia's carbon tax as a positive step. "I have hopes that Canada will actually be a good example for the United States but the present government is certainly not."

"They're in the hip pocket of the fossil fuel industry, as you can see, but that doesn't mean that the Canadian people are," said Hansen.

He said many governments, not just Canada's, are denying what science is telling them and ignoring the long-term climate change projections.

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Harper on terror arrests: Not a time for 'sociology'

Prime Minister Stephen Harper said this is not the time to "commit sociology" when asked about the arrests of two men this week who are accused of conspiring to carry out a terrorist attack on a Via train.

Harper was asked during a news conference with Trinidad and Tobago's prime minister about concerns with the timing of the arrests. He was also asked about when it's appropriate to talk about the root causes of involvement with terrorism.

The Conservatives had taken Liberal Leader Justin Trudeau to task when he suggested last week it was important to look at the root causes of the Boston Marathon bombings after offering condolences and support to the victims. They said he was trying to rationalize the bombings or make excuses when the Liberal leader said the bombings happened because someone felt excluded from society.

"I think, though, this is not a time to commit sociology, if I can use an expression," Harper said. "These things are serious threats, global terrorist attacks, people who have agendas of violence that are deep and abiding threats to all the values our society stands for.

"I don't think we want to convey any view to the Canadian public other than our utter condemnation of this kind of violence, contemplation of this violence and our utter determination through our laws and our activities to do everything we can to prevent it and counter it," Harper said.

On CBC News Network's Power & Politics on Thursday, Conservative MP Pierre Poilievre was asked by host Evan Solomon to elaborate on Harper's comments and what is wrong with trying to understand why people turn to terror.

"Nothing, but that's not the issue," he responded. Poilievre said Trudeau mishandled his response to the Boston bombings.

"The root causes of terrorism is terrorists," he said. "That's how we respond."

The two accused men are Chiheb Esseghaier, 30, of Montreal, and Raed Jaser, 35, from Toronto. They have been charged with conspiracy to carry out a terrorist attack and "conspiring to murder persons unknown for the benefit of, at the direction of, or in association with a terrorist group." The two men arrested are not Canadian citizens but were in the country legally, according to police.

Canadian and U.S. law enforcement agencies have been co-operating on surveillance of the suspects on both sides of the border for some time.

The FBI had asked Canadian authorities multiple times over recent months to hold off on the arrests while it continued to probe who else might be involved. The RCMP had earlier met the requests but then moved ahead with the arrests on Monday.

"It is law enforcement agencies, including obviously the Royal Mounted Canadian Police, CSIS and others, but particularly the RCMP, that make decisions on operational police matters," Harper said about the timing of the arrests. "And obviously they have worked very closely with their American counterparts and I congratulate them for that work once again."

Harper also said that "radicalization" is something that is followed closely.

"Our security agencies work with each other and with others around the globe to track people who are threats to Canada and to watch threats that may evolve," he said.

Toronto Imam Yusuf Badat, of the Islamic Foundation of Toronto, told CBC's Evan Solomon that RCMP officers said they received tips from the Muslim community that led to the arrests.

RCMP spoke to community leaders before the news briefing held Monday about the arrests. Badat said none of the community leaders that were present at the briefing had heard of the two men arrested.

Some people who know the men said their behaviour had changed in recent months and one said that Jaser's father was concerned his son was becoming too "rigid" in his religious beliefs.

Trinidad, Canada pledge greater economic ties

Harper was asked about the terror-related arrests during a joint news conference with Kamla Persad-Bissessar, Trinidad and Tobago's prime minister. Harper told reporters that the two leaders reaffirmed their commitment to increase trade and investment ties between Canada and Trinidad.

Trinidad is Canada's second-largest trading partner in the Caribbean and Harper said increasing the relationship is a priority for both countries.

"We have taken steps to increase co-operation between Canada and Trinidad and Tobago in the areas of trade, security and academia," Harper said.

A number of memorandums of agreement were signed including one that will see the Caribbean nation take part in military training.

Later Thursday night in Toronto, the two prime ministers will attend the Trinidad and Tobago Canadian Community Reception, and Harper will deliver remarks.

Persad-Bissessar came to Canada with members of her cabinet, including the ministers of justice, trade, energy and transport. Business leaders from Trinidad and Tobago are also visiting Canada as part of a trade mission in Toronto.

[View the story "\"The root cause of terrorism is terrorists\" - Pierre Poilievre" on Storify]

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Trudeau ads not bullying, just part of debate, says PM

Prime Minister Stephen Harper said Thursday that flyers targeting new Liberal Leader Justin Trudeau shouldn't be confused with bullying and that the Conservative Party is following the rules on sending material to constituents.

The flyers contain the same messages featured in radio and television advertisements launched by the government immediately after Trudeau was chosen as his party's leader on April 14. They question the Quebec MP's judgment and work experience and use the tagline: "He's in way over his head."

The flyers are known as "10-percenters" and MPs can use their House of Commons budget to mail them, as long as they don't go to more than 10 per cent of homes in their riding. The Liberals said they obtained advance copies of the flyers and are complaining that the Conservatives are using taxpayers' money for negative campaigning.

An image taken from material made available to Conservative MPs this week for use in flyers sent to constituents at taxpayers' expense known as '10 percenters.' Other parties have sent out flyers with similar attacks on the Conservative government in the past. (Supplied image)

Harper didn't mention the Trudeau flyers specifically but said his party is in line with all the others when it comes to the mailouts.

"There are House of Commons rules for communications that we do with constituents across the country. All parties work within those rules and all parties use those activities and use those rules," he said during a news conference with the prime minister of Trinidad and Tobago.

On Tuesday, Harper met with the family of Rehtaeh Parsons, the 17-year-old from Nova Scotia who died after she was taken off life-support following a suicide attempt. Her family says she was raped by four boys when she was 15 and then endured humiliation and harassment by classmates when a photo of the alleged attack was circulated.

The teen's suicide has drawn attention to bullying, and all parties in the House of Commons have been pledging this week to take more action to combat it. When Justice Minister Rob Nicholson met with his provincial and territorial counterparts in Ottawa on Wednesday, they agreed to speed up a review of the Criminal Code to see if any gaps can be filled. A report will be done by June.

The prime minister was asked during a news conference how he can reconcile his government's attack ads against Trudeau and the flyers with its anti-bullying message.

Mixed Tory support for ad campaign

He responded with his comments on the flyers, then added that what happened to the Parsons family is "completely unacceptable" and that he expects all parties to support new legislative measures whenever they are proposed.

"Do not confuse democratic debate in politics with crime. What happened to the Parsons family are terrible crimes and this government will be moving forward with measures to address them and I hope we'll find support among all parties in Parliament to support those measures," Harper said.

Some Conservative MPs aren't embracing the idea of the anti-Trudeau flyers for constituents. "I won't be participating in that program," Alberta MP Brent Rathgeber said.

"Generally speaking, my constituents are not all that thrilled by negative advertising," he said. Rathgeber said Conservative MPs aren't being pressured to send the flyers but they are available for their use if they want them.

"It's just not my style of politics. I like to focus on issues and not so much on character," he said.

Rathgeber backed Harper's statements that making a connection between the campaign aimed at discrediting Trudeau as a leader and bullying shouldn't be made.

"I suppose one could possibly make that link but that's a bit of a giant step, I would think," he said. "Public officials, I think, have to subject ourselves to a higher standard of criticism," said Rathgeber, adding again that his constituents don't respond well to negative advertising.

Another Conservative MP, Stephen Woodworth, said he wouldn't be using the flyers either. "I always, myself, try to focus on policy rather than personality, but I know there are other approaches and I can't tell other people what to do. But for me, it's a different way," he said.

Woodworth said he likes to see factual accuracy maintained whenever he sees political advertisements, regardless of whether they are on policy or people.

British Columbia MP John Duncan, however, said the flyers are standard procedure. He's not sure if they've been sent to his riding yet.

"I consider it business as normal," he said. "It's the way we behave, it's the way other parties have behaved as well."

Conservative MP Leon Benoit said of the advertisements that the party's supporters "really like them." He added that Harper has been the subject of negative advertisements in past election campaigns.

"What is in these ads is absolutely true, taken in context, so they're effective and I think they'll continue to be effective," he said. Benoit said he thinks young people in particular will respond to the message in the ads that Trudeau is not prepared to be prime minister.

"I do think that younger people are starting to understand that just because somebody might be good looking, might appeal in that way, doesn't mean they're really ready to be prime minister and I think that's important," he said.

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Senior Mounties told not to meet MPs without prior approval

Internal emails obtained by CBC News show that RCMP Commissioner Bob Paulson has ordered all senior Mounties to get clearance from his office before committing to any meetings with MPs or senators.

Specifically, they are to notify a liaison office that co-ordinates RCMP strategy with the office of Public Safety Minister Vic Toews.

RCMP Commissioner Bob Paulson, right, has instructed senior Mounties to notify his office before accepting meetings with MPs and senators, similar to the approval required for his own meetings by Public Safety Minister Vic Toews, left, last year. (Adrian Wyld/Canadian Press)

In an email dated March 22 from Paulson to more than 50 chief superintendents, assistant commissioners and deputy commissioners, the commissioner said that meetings or lunches with parliamentarians "can have unintended and/or negative consequences for the organization and the government. Therefore, should you or your staff receive such requests, I am directing that you advise my office and the chief strategic policy and planning officer."

A second email shows the effect of the new policy. It cancels a planned lunch between a senior Mountie and a parliamentarian because of "direction from Commissioner Paulson's office" that such meetings "have to first be approved by the minister's office. This email is to cancel the luncheon."

Message control

The development has opposition critics accusing the government of undermining the independence of the police. "There's a very large pattern in this government of trying to control information," said NDP MP Randall Garrison.

"It's not appropriate for the government to reach into the police operation. It's a very, very fundamental part of what we must be assured exists so that the police aren't doing the work of the government, they're doing the work of the public."

Garrison, who is the NDP critic for public safety, said "these memos raise some very serious concerns about whether the government is interfering in the operations of the RCMP to try and assist in controlling their political message. So I think it's very serious."

Liberal Senator Grant Mitchell, critic for an RCMP reform bill, C-42, said he feared the "politicization of the police force."

Mitchell added that muzzling debate would not help to solve problems of discipline and harassment inside the RCMP — the subject of Bill C-42.

"I don't see any downside to them dealing with these problems, openly exposing them, none at all. It will only lead to solving them and they can take credit for that," said Mitchell.

"All this control, all this media manipulation, all this messaging — centralized as it is — doesn't work."

Toews's office did not respond to a request to explain the new policy. Paulson's office, however, confirmed that it was co-managed with the minister's office.

RCMP spokeswoman Sgt. Julie Gagnon said in a statement that Paulson "wanted to ensure that all information being sent to parliamentarians was co-ordinated through the strategic policy and planning directorate which manages the ministerial liaison function."

Gagnon also said the commissioner wished to "help ensure that the RCMP does not become embroiled in the political debate."

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Chris Hall: The every-backbencher-with-a-crime-bill week

This is the eighth annual "Victims of Crime Awareness Week'' in Canada.

Justice Minister Rob Nicholson made sure he reminded everyone of that Thursday when he threw the government's weight behind yet another Conservative MP's bill to toughen the Criminal Code.

Nicholson endorsed a bill fronted by backbencher James Bezan that would require anyone convicted of the abduction, sexual assault and murder of a person to serve up to 40 years (at the trial judge's discretion) before being eligible for parole.

"Our government supports this bill,'' Nicholson told a news conference on Parliament Hill. "It's consistent with our plan for safe streets and communities, holding violent criminals accountable, enhancing the rights of victims and increasing the efficiency of our justice system.''

It's hardly news to anyone that the Conservatives place great emphasis on their law and order agenda. Responding to crime has consumed as much of this government's time in office as economic issues.

''Getting tough on crime'' rivals ''keeping taxes low'' as the Stephen Harper government's favourite refrain.

But there is one significant difference between the two priorities.

When it comes to crime, the government is more than happy to use its own backbench MPs to propose legislation that normally would be introduced by the appropriate cabinet minister.

The question is why.

A favourite wedge

Since taking power, the Conservatives have followed through on a wide range of campaign commitments to address violent crime, and to rebalance the scales of justice in favour of victims.

The list of changes is long: new mandatory minimum sentences for certain drug crimes, eliminating house arrest for violent crimes, getting rid of the faint-hope clause that allowed prisoners serving life sentences to apply for early parole, and introducing legislation to require offenders to pay a victim surcharge, to name only a few.

But it is not just bedrock principles driving that agenda. There's a strong dose of politics at play, too.

Conservatives have spun their law and order agenda as an issue that clearly separates them from all of their political opponents. Conservatives are tough on crime, voters are told. While the Liberals and New Democrats, by implication, are not.

Crime, or the fear of crime, is a hot-button topic in many suburban ridings across Canada. And the Conservatives, well, they push the button as often as they can.

What's more, their commitment is unshakable.

They've dismissed criticism from many leading criminologists, ignored evidence from other countries that putting more people in jail for longer periods of time does little, if anything, to reduce violent crime.

They've also disputed studies that showed crime rates began to fall before they took power, or that spending to implement the law and order agenda is out of proportion to the problem.

The frontmen

That's not to say the Conservatives are wrong to pursue this course of action. They've been elected three times now on this agenda.

Voters, especially those in suburban ridings, are on their side when it comes to the two clearly stated priorities.

Government House leader Peter Van Loan: Not abusing the rules of the House. (Reuters)

But what separates crime from the economy and virtually every other Conservative agenda item is the use of backbench MPs to front elements of the plan.

Bezan's parole bill is just one initiative the government has said it supports — without formally sponsoring the legislation itself.

Here, too, the list is significant.

The legislation to scrap the gun registry was first proposed by backbench MP Candice Bergen.

Conservative MP Blake Richards won an endorsement for his bill increasing the sentence of anyone wearing a mask in a riot. So did bills implementing tougher penalties for vandalizing war memorials.

At the moment, Citizenship Minister Jason Kenney is trying to amend a bill by yet another backbencher, Devinder Shory.

If accepted, the bill would allow Kenney's department to strip Canadian citizenship from any dual nationals convicted of terrorism activities.

Skirting charter review

On Thursday, Liberal MP Bob Rae rose in the Commons to complain to the Speaker that Kenney's move changed the original intent of Shory's bill, and subordinated his intentions to the government's.

NDP House leader Nathan Cullen went further.

He suggested the government is misusing private member's bills because they aren't subject to the same kind of review by the Justice Department as measures brought by the government.

"One important aspect that applies to government legislation is that the minister of justice is obligated … to ensure compliance with the Charter of Rights and Freedoms," he said.

"Private member's business does not have to go through a similar test.''

Abusing the rules of the House. Misusing private member's business. Taking advantage of their majority position. Government House leader Peter Van Loan called these complaints "technicalities.''

His side is more concerned with protecting Canadians, Van Loan said, and equipping authorities with the tools they need to combat crime and terrorism.

Of course, if the government is using its backbenchers to skirt a charter review then it might just find itself back in court in the years ahead trying to defend these new crime laws from being thrown out. That could end up being a long list, too.

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Canada tried to deport terror suspect Raed Jaser

CBC News has confirmed that Canada tried nine years ago to deport Raed Jaser, one of the two men accused in the Via Rail terror plot, but authorities didn't proceed and later granted him permanent residency.

Jaser, 35, and Chiheb Esseghaier, 30, have been accused of plotting to derail a Via passenger train in what authorities have called an "al-Qaeda supported" attack.

Jaser arrived with his parents and two siblings at Pearson International Airport on March 28, 1993. They travelled from Germany using fake French documents. When the parents made a claim for refugee protection, Jaser was a dependent minor.

The family was denied refugee status, but appealed.

Raed Jaser is one of two men charged with conspiring to attack a passenger train. (CBC)

When his parents later withdrew their claim for refugee protection, changing to the deferred removal order class, Jaser could not be included in that program because he had criminal convictions.

Jaser was determined not to be a refugee on Oct. 30, 1998.

In 2004, a warrant was issued for Jaser's arrest so he could be deported.

At the deportation hearing held that August, he claimed that he was a stateless Palestinian and there was nowhere to send him. His lawyer also pointed out that a pre-removal risk assessment had not been done as required.

Jaser was born in the United Arab Emirates, but at the 2004 detention review hearing, Jaser said he was not a citizen of that country.

"I am a Palestinian by blood, that does not give me any rights whatsoever in my place of birth," he said.

The issue of his criminal convictions also surfaced at the 2004 hearing, with the government counsel saying Jaser had "five fraud-related convictions" and "two prior convictions for failure to comply with a recognizance."

At the conclusion of the hearing, Jaser was allowed to stay on bail until the government figured out what to do. Jaser later applied for, and was granted a pardon. It's not clear if the pardon was for one or all of his charges.

A source told CBC News that in 2001 Jaser was given two years probation, a $1,000 fine and a five-year weapons ban after a conviction for uttering death threats. The National Post reported that he was later pardoned on that charge.

"With that pardon, he was subsequently granted permanent residency status in Canada," CBC's Greg Weston reported.

At a court appearance earlier this week, Jaser's lawyer said his client was in a "state of shock and disbelief" following his arrest and that he denied the allegations against him. Lawyer John Norris also said earlier this week that his client was a permanent resident with deep roots in Canada.

According to the detention review transcript, the "rest of Mr. Jaser's family are now Canadian citizens."

Jaser and Esseghaier were both remanded to custody pending their next appearances, via video, on May 23.

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Nicholson gets support for June deadline on cyberbullying

Justice Minister Rob Nicholson and his provincial and territorial counterparts agreed Wednesday to complete a review of the Criminal Code by June as part of their efforts to combat cyberbullying.

The joint review by officials at both levels of government was initiated last fall and is meant to identify gaps in the Criminal Code that could be filled to better protect people from online harassment.

The justice ministers met Wednesday afternoon in Ottawa and Nicholson issued a statement after the meeting saying he received unanimous consent for his proposed June deadline.

"I look forward to receiving this report. Canadians and our government want action to ensure our children are safe from online exploitation," he said.

Earlier in the day Nicholson said the issue of online bullying is a priority for his government and that he would be looking for co-operation from his colleagues at the meeting.

The justice ministers were also discussing the federal government's proposed Victims Bill of Rights. The government is looking to create new legislation and has started public consultations that will also wrap up in June.

Saskatchewan Justice Minister Gordon Wyant agreed that there is a sense of urgency to update the Criminal Code so it specifically addresses the distribution of intimate images online.

"We believe that as with child pornography the forwarding of those images is a criminal offence.There will be some subjective discussion around whether or not there was malicious intent with the distribution," Wyant said. "The whole idea here is consent. If there's no consent to distribute the image that's where we believe the offence lies."

Wyant said there are child pornography and harassment provisions in the Criminal Code but that they aren't keeping pace with how fast technology is moving.

Nicholson said the cyberbullying issue was put on the agenda for the meeting in light of the recent suicide of 17-year-old Rehtaeh Parsons. The Nova Scotia teen took her own life after an alleged sexual assault and months of online harassment that included photos of the alleged attack.

Her parents and Nova Scotia premier Darrell Dexter met with Prime Minister Stephen Harper on Tuesday and urged the federal government to do more to combat online bullying.

Harper said in question period Wednesday that he admires the parents' strength in the face of a "horrible and unspeakable tragedy."

He was asked by NDP Leader Tom Mulcair what actions the federal government intends to take on cyberbullying and what timeline it intends to follow. Mulcair met with the teen's parents earlier in the day. He said the Criminal Code has not kept pace with some of today's realities and that his party is willing to work with the government to make legislative changes before the House of Commons rises for the summer break.

"I would agree with the assertion by the leader of the New Democratic Party, one of the difficulties here is that investigative tools for our police officers have not kept pace with the internet age, and that must change," Harper responded. He said the government is committed to bring forward various measures but didn't specify when.

"We absolutely must speak out against the notion that some people have that anything goes on the internet. Something that is a crime is a crime if it happens on the internet as well," he said.

Help for cyberbullied teens

The prime minister's wife, Laureen Harper, was also talking about cyberbullying on Wednesday. She is helping to promote a new website called needhelpnow.ca.

In an interview on CBC News Network, she said the website gives guidance to teens and their parents on how to remove a photo off the internet. She said the website is a tremendous resource.

"I sent it out yesterday to everybody I know, and it's just a wealth of information," she said. The prime minister's wife said she talks to their two children about the dangers of using the internet and cautions them not to put too much information on it.

"A lot of children that are harmed by this, starts with a photo that they or their friends have taken. That makes it worse and they don't want to tell anybody. This website helps them find a safe adult," she said.

Nova Scotia's premier Darrell Dexter was also in Ottawa for the meeting with Rehtaeh Parson's parents and his justice minister, Ross Landry, attended the meeting Wednesday with the other justice ministers.

Landry said people who distribute intimate photos without consent must be held accountable.

"If I send you a picture or you send me a picture that you think that you want to share with me, you've given me permission to see that by sending it to me, but you have not given me permission to share it with the world," he said.

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Joe Oliver slams scientist's oilsands claims as 'nonsense'

Joe Oliver speaks at Center for Strategic and International Studies in Washington, DC. Natural Resources/ Candian Press

A leading climate change activist and former NASA scientist is "crying wolf" with his "exaggerated" comments about the effects of oilsands development on the environment, Natural Resources Minister Joe Oliver charged Wednesday.

Oliver, in Washington, D.C., to shore up support for the Keystone XL pipeline, took aim at scientist James Hansen, who has been a vocal opponent of developing the oilsands.

"It does not advance the debate when people make exaggerated comments that are not rooted in the facts. And he should know that," Oliver said to reporters, following a speech to the Center for Strategic and International Studies.

In an op-ed piece for the New York Times last year, Hansen claimed that "if Canada proceeds [with oilsands development], and we do nothing, it will be game over for the climate."

Oliver countered that when a source of energy represents 1/1000th of global emissions, "to say it's the end of the planet if that's developed is nonsense."

He added that "crying wolf all the time" does not advance the serious debate.

In his speech, Oliver listed the benefits he said will come from the Keystone XL pipeline project, which would carry oil from Western Canada to the Texas Gulf Coast. He said the pipeline will create thousands of jobs and ensure the U.S. with a reliable supply of oil.

"Ultimately this comes down to a choice. The U.S. can choose Canada — a friend, neighbour and ally — as its source of oil imports," Oliver said. "Or it can choose to continue to import oil from less friendly, less stable countries with weaker — or perhaps no — environmental standards."

Oliver added that oilsands development will continue, whether the Keystone pipeline is approved or not.

But his pitch comes just days after the U.S. Environmental Protection Agency publicly rebuked the State Department over its positive environmental assessment of the proposed pipeline.

In a letter sent Monday that was widely seen as a setback for the pipeline, the EPA raised serious concerns about the project's carbon footprint and criticized the State Department's draft analysis.

The letter also urged Washington to work together with Canada to step up its efforts on climate change.

With files from The Canadian Press and The Associated Press

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Contractor in fight with Public Works after asbestos exposure

Don Garrett says it should have been one of the simplest construction jobs he'd ever done.

Instead, the British Columbia contractor said he was exposed to high levels of asbestos, almost lost his business and has been fighting with federal government bureaucrats for more than three years.

"I was taking this material home, it was on my clothes. I didn't know I was dealing with asbestos so it entered my household," said Garrett.

Garrett said Public Works didn't follow its own requirement to produce a pre-construction, hazardous materials report. CBC

Garrett owns a construction business in Hope, B.C. In 2009, he was contracted by Public Works Government Services Canada to replace 160 sinks and toilets inside the Kent Institution — a maximum security, federal prison in B.C.'s Fraser Valley.

Asbestos discovered during prison job

The job should have taken a month to complete, he said, but it took seven months from start to finish. He blames the delays on the discovery of asbestos on three separate occasions.

"A project in an older building where there's a chance of having asbestos, there's a requirement to produce a pre-construction, hazardous materials report and that should have been with the tender package. It wasn't. I remember writing and asking for that two to three times," said Garrett.

While replacing prison toilets, Garrett said he had to replace small gaskets that were old and difficult to remove. It required scraping and grinding. It wasn't until several days into the job he realized the gaskets were made of asbestos.

"I'd breathed this material without a mask or any sort of containment for a whole week — wire brushing, scraping, filing — very difficult to remove. The whole floor was covered in this material," recalled Garrett.

Inmate swept up asbestos with broom

A report from Work Safe BC confirms Garrett and his construction workers "were exposed to asbestos containing material in the plumbing hardware."

Lab tests revealed the gasket contained 85 to 90 per cent chrysotile asbestos, a human carcinogen, according to the report.

"My crew was exposed too. Actually, when asbestos finally got cleaned up there was an inmate who swept it up with a push broom..."

"The guards, they're afraid to bring this forward for fear of reprisals," he said.

Corrections officers concerned

Correctional officers inside the Kent Institution are also concerned about exposure to asbestos on this and previous occasions. Gord Robertson, the Pacific regional president for the Union of Canadian Correctional Officers, said his members were aware of various asbestos removal issues when Garrett worked at Kent.

"Officers at the time were concerned their feelings of being exposed were being minimized. They felt their reporting went basically unheard. We are concerned about maybe not a cover-up, but a minimization of the situation," said Robertson.

The office of Corrections Investigator Howard Sapers is now probing the case.

Garrett has had CAT scans and pulmonary tests. He's found a mark on one lung, but he said there's no way of knowing if that's from exposure at the prison.

"They want a steady amount of testing to monitor what that asbestos is doing in my lungs… asbestos can be a death sentence. It haunts me."

Garrett said Public Works doesn't follow its own rules when it comes to maintaining health and safety in the workplace — for government workers or contractors. He said the department has mishandled his case.

"They figure it's fine to avoid doing these pre-construction, hazardous materials investigations. And what I've experienced, when they get caught they panic and they bring in consultants…there should be an inventory of any hazardous materials and it seems to me, if they have an inventory, they're certainly not maintaining it."

Commissioner says issues dealt with 'appropriately'

Garrett said Public Works also owes him money for the delays during his work at Kent prison.

'Asbestos can be a death sentence. It haunts me'—contractor Don Garrett, more than three years after his exposure.

Officials at the department would not comment on this case.

"I've gone to the highest levels at Public Works. My complaints have all landed up in Ottawa, to three different agencies," he said.

Those agencies included the Office of the Procurement Ombudsman and the Office of the Public Service Integrity Commissioner.

Mario Dion, the public service integrity commissioner, sent Garrett a decision in early April.

It reads: "I believe the concerns and issues raised by you and or any other parties involved in the construction project were appropriately dealt with by the proper organizations."

Garrett also sought help from an Ottawa whistleblower group, Canadians for Accountability. The group's founder, Allan Cutler, said he's reviewed Garrett's claims and agrees the case has been mishandled.

"He only wants what he's entitled to...The other one is, the asbestos issue. Nobody seems to worry about people and the potential long term through asbestos. And somebody has to take action and it's a federal problem in this case."

The entire process has left Garrett frustrated and upset.

"When things go to Ottawa, it seems to me that they come back as cover-up reports and this is alarming," he said.

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Controversial anti-terrorism tools revived as bill passes

A bill that would revive some provisions of Canada's Anti-terrorism Act passed in the House of Commons Wednesday night.

The Liberals joined the Conservatives to pass the bill — known as S-7, the combating terrorism act — by a vote of 183 to 93. It would bring back two central provisions that were originally instituted by the Jean Chrétien government after the Sept. 11 attacks in New York in 2001 but were "sunsetted" after a five-year period.

One allowed for "preventive detention," meaning someone can be held without charge for up to three days just on suspicion of being involved in terrorism. The person can then be bound by certain probationary conditions for up to a year, and if he or she refuses the conditions, can be jailed for 12 months.

The second provides for an "investigative hearing" in which someone suspected of having knowledge of a terrorist act can be forced to answer questions. The objective is not to prosecute the person for a criminal offence, but merely to gather information.

If he or she refuses, that person can be imprisoned for up to 12 months. When the Harper government, during its first term, tried to bring back the terrorism measures in 2007, the Liberals opposed the move. Now, however, the government has Liberal support and only the official Opposition, the NDP, is protesting the bill.

Bill S-7 would also amend the Criminal Code and other acts to increase existing penalties for certain terrorism-related offences and introduce new terrorism offences to prohibit individuals from leaving Canada for the purpose of committing terrorist acts, among other changes.

The bill has already been through the Senate, and has been awaiting third reading in the Commons for months, but was rushed suddenly into debate on Monday in the wake of the Boston Marathon bombings. A final vote expected Tuesday was deferred for a day.

Opposition critics have accused the government of trying to exploit the events in Boston and have skeptically pointed out the coincidence of pushing the bill to debate on the same day a major terrorist arrest was announced in Toronto.

In debate, the NDP pointed out it had proposed 17 amendments to the bill at the committee stage, but all were rejected by the Conservatives, who dominate the committee. The Liberals proposed no amendments.

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Justin Trudeau rallies Liberal voters in Labrador byelection

Liberal Leader Justin Trudeau swept into The Big Land on Wednesday, urging supporters to reject in the coming Labrador byelection what he called the Conservative brand of attack politics.

Trudeau beamed at a photo-snapping crowd of about 100 people in Happy Valley-Goose Bay at a rally for Liberal candidate Yvonne Jones. The fledgling leader flew in from Ottawa to campaign alongside Jones after a bruising 10 days of Conservative ads poking fun at his lack of experience and questioning his judgment.

He has also taken barbs from Prime Minister Stephen Harper over his appeal to seek out the "root causes" behind such vicious terror acts as the Boston Marathon bombings.

Trudeau said the campaign to undermine his credibility, which now also includes a bulk mailing of flyers at taxpayers' expense, shows the Conservatives are afraid.

"Stephen Harper isn't afraid of me, they're afraid of you," he told the cheering crowd.

"They're afraid of every single Canadian across this country standing up and saying, 'You know what? We deserve better."'

Trudeau said voters in Labrador have a chance in the May 13 byelection to send a strong message to Harper "where it hurts" by sending a Liberal back to Ottawa. The vote was called after Conservative incumbent Peter Penashue resigned over 28 illegal donations accepted during the 2011 federal campaign.

Penashue said he has taken responsibility and is running again to regain his constituents' trust.

Trudeau said Labradorians have an exciting opportunity to tell Harper "that his approach, that his values focused on division and attack, is not good enough for the challenges we're facing, not good enough for the country we want to build. And you guys get to start it — right here on May 13."

Debate attack

Jones, a 17-year legislature veteran and former provincial Liberal party leader, was also recovering Wednesday from cut-and-thrust tactics.

Penashue accused her during a debate Tuesday night of "robbing" taxpayers of "tens of thousands of dollars" and refusing to pay it back.

In fact, Jones was among dozens of legislature members of all political stripes named in an audit for improper spending and double-billing. She denied any criminal wrongdoing, was never charged and had paid back $12,167 in double billings as of January 2009, according to a followup report by the provincial auditor general.

NDP candidate Harry Borlase said during the debate that it's exactly this kind of blame-game approach that detracts from what he believes voters really want — politicians who will focus on housing, jobs, health care and other issues.

Labrador has traditionally been one of the strongest Liberal bastions in the country. Penashue won over Liberal incumbent Todd Russell by just 79 votes in 2011, the only Conservative victory in the province. Russell chose not to run again.

Tories tout Penashue's record

Penashue has promoted his record over the last two years as an MP and intergovernmental affairs minister, saying it was his influence that won funding and jobs for Labrador — sometimes at Newfoundland's expense.

Harper has called Penashue the best MP that Labrador has ever had. Penashue has said that more funding for the depleted 5 Wing Goose Bay military base will soon be discussed in Ottawa and that his re-election would assure Labradorians a place at Harper's cabinet table.

Jones points out that the Conservatives have been promising a new rapid reaction army battalion and a new long-range unmanned aerial vehicle squadron since 2006.

She has accused Penashue of fear mongering based on "false promises."

In Ottawa, the Conservatives made no apologies for their multi-pronged assault on Trudeau.

Government House Leader Peter Van Loan said the latest flyers questioning Trudeau's abilities are within spending rules and are fitting after what he called the Liberal leader's "rocky start."

"So it's entirely appropriate for Canadians to be informed about those contrasting aspects of leadership that they have to deal with," Van Loan told reporters outside the Commons.

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Free-speech battle is for MPs to decide, Speaker rules

Speaker Andrew Scheer left the door open for Conservative backbenchers to continue pressing for greater freedom to speak their minds in the House of Commons.

Scheer told MPs he is following the rules they have set for him when it comes to taking direction from party whips, but he reminded them that he, as Speaker, can recognize an MP's desire to address the House at any time.

Scheer was ruling Tuesday on a complaint by B.C. Conservative Mark Warawa that party whips are muzzling MPs by dictating who gets to speak during the 15-minute members statements before question period each day.

Scheer found that Warawa's parliamentary privilege was not violated when he was prevented from reading a statement in support of his motion condemning sex-selective abortion, pointing out that Warawa had many opportunities to be heard in the Commons and had in fact taken advantage of those opportunities in the past.

However, Scheer said statistics suggest some MPs do not perhaps get the same opportunity to speak as others, and so, he said, Warawa might have a point in making his complaint.

Warawa reacted to the ruling on the social media site Twitter.

"I'm pleased with Speaker Scheer's ruling that MPs have the right to seek the floor at any time," read the tweet from @MPmarkwarawa.

Party control

Warawa's formal appeal to Scheer, called a "question of privilege" in the language of the House of Commons, stems from being told by his party whip last month he was not allowed to deliver a statement in support of his now-abandoned motion condemning sex-selective abortion.

MPs often use members statements to pay tribute to the passing of noteable Canadians, highlight significant anniversaries or make the Commons aware of recent achievements by their constituents.

But sometimes, parties ask MPs to use their statements to deliver partisan messages.

At issue in Warawa's appeal was the intervention by parties to stop one of their MPs from delivering a members statement the party deems contrary to its own communications strategy.

On Monday, Scheer heard from the Liberals, who recently tabled their own motion on statements by members, proposing an alphabetical list be used to determine who speaks when on the topic of his or her choice.

The Liberals had asked Scheer to defer his ruling until after their motion could be debated and vote upon.

"I would urge you, and I believe it would be prudent for you, to wait a few more days, in the hope that this House is able to pronounce itself through a vote ... which we believe would — in a common sense and very democratic way — resolve this issue," said Liberal House leader Dominic LeBlanc.

The Liberals saw their motion postponed until later this week when the Conservatives suddenly moved up debate on S-7, the anti-terror bill that until recently had languished dormant on the House agenda.

Warawa told the CBC's Julie Van Dusen on Tuesday morning he was leaning towards supporting the Liberal motion.

11 Tories among those supporting Warawa

Independent MP Bruce Hyer also jumped into the fray Monday. Hyer lost the opportunity to deliver one of those statements in the Commons a year ago when the NDP realized he was about to announce he was leaving their caucus.

"We must all recognize that we have developed a problem in Parliament of excessive party control and we must move to fix the problem before it erodes our democracy any further," Hyer said.

The NDP weighed in, but only to say they feel it is more of an internal issue for the Conservatives. Green party Leader Elizabeth May has made comments supportive of Warawa.

At the same time, Scheer was receiving emails from Conservatives with a viewpoint on the issue, and has so far heard from 11 Tories in the Commons, with some making detailed and passionate statements to support Warawa's cause.

The Conservative backbenchers have not challenged or criticized Prime Minister Stephen Harper at any point. The frustrations seem to be directed at the attitude taken by party whip Gordon O'Connor, who told Scheer that it wasn't the job of the Speaker to decide who speaks, but rather to act only as a "referee."

"While each party manages the process from a different perspective, the bottom line is that each party makes these decisions," O'Connor said last month.

"The practice for many years in the House is for the Speaker to follow the guidance provided by the parties on which members to call on any given day."

with files from The Canadian Press

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