Roundup: A northern populism

Every time I see someone writing about Canadian populist movements and the dismissive concerns that it could never happen here, I always shake my head because it does happen. To an extent, we are living through it right now. The Canadian Press has been doing some surveys to try and discover what the “northern populism” might look like, and while it’s not quite the same as the forces that brought Donald Trump into power, it nevertheless exists here.

Part of the difference we see is that in Canada, those populist forces are less white than they are in the States or in Europe, but the focus remains the same, which are the perceived ills of the liberal (big or small L, take your pick) “elites.” It’s not a secret that the way that Conservatives like Jason Kenney targeted ethno-cultural minority communities was by focusing on socially conservative issues, whether it was their reticence to embrace same-sex marriage, or things like marijuana, those were cues that helped them tap into those communities the ways that other populist movements haven’t, who are too busy dog-whistling to appeal to the more blatant racists. And while there are those undercurrents in Canadian populist movements, for which things like immigration remains a bugaboo, Canadian conservatives have managed to tap into a particular vein of “it’s not our immigrant community that’s the problem, it’s those other immigrants that are,” and that set up a kind of justification that “hey, we can’t be racists because these immigrants don’t approve of that immigration policy,” never mind that yes, immigrants can be intolerant of other racial or ethno-cultural minority groups that aren’t their own.

But populism is not a spent force in Canada. We saw how it operated with Rob Ford, and it’s alive and well in Alberta as they try to harness it into an anti-NDP political party. To an extent, the federal Conservatives and NDP have largely abandoned their own ideological underpinnings to be right or left-flavoured populists, and yes, there is a great deal of populist rhetoric underpinning the Liberal electoral platform, with appeals to this nebulous middle class that has no data to back up their claims (like stagnant wages for one spectacular example). Was Justin Trudeau able to harness it more effectively than his opponents? Yes. Does that mean that the scourge of populism that gave the Americans the Trumpocalypse is absent here? Not at all. That the composition is slightly different is an academic difference, but not reassuring in the least.

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Roundup: One bill passed, one deferred

After very little drama, the budget implementation bill passed the Senate, their tempers cooled overnight. Not that it was ever going to be a real constitutional crisis – blame some garden variety torque for that one, but this wasn’t a meek climb down. The Senate did launch one final jab at the Commons, reminding them that while they are passing the budget bill this time, they nevertheless have the authority to amend or veto budget bills if they so choose – a pointed rebuke to the provocative boilerplate language of the Commons’ rejection of their amendments.

This having been said, what the Senate didn’t do was pass Bill S-3, which aims to remove certain types of discrimination from the Indian Act. The Senate amended the bill to remove all of the discrimination, while the Commons nixed said amendments, and the Senate was more willing to dig their heels in this one. By deferring debate and votes on this until September, it puts the government into a particular legal bind because they were under a court deadline of July 3rd to pass this bill in order to comply with a court order. This didn’t happen, and one suspects that it’s because the senators at the centre of this want to put more pressure on the government to accept their amendments and remove that discrimination.

Meanwhile, Dylan Robertson got a copy of the court decision that refused to extend the timeline for the government.

We shall see what the government’s next move is. I suspect it will be another court extension, but whether the summer to think over the amendments in light of the judge’s ruling may prompt a change of heart. Maybe. Time will tell.

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Roundup: Provocative boilerplate

The House of Commons has risen for the summer, but how long it stays risen could be the big question as the Senate has two bills on its plate that they could send back to the Commons. The first of those is the budget implementation bill, after the Commons rejected their amendment. What inflamed tensions however was the boilerplate language that it was rejected for infringing on the rights and privileges of the Commons.

The fact that this is boilerplate eluded many Senators (and yours truly), given that it seemed to be yet another provocation given some of the underlying tensions in the current dispute. Yes, the language comes from Section 80(1) of the Standing Orders, but given that the Senate is trying to assert its independence and authority, the words seemed particularly targeted in this instance, especially as the Prime Minister rather dubiously claimed that the Senate has no ability to amend or reject budget bills when their only actual limitation is that they can’t initiate them.

Having received this rejection, the Senate decided to leave it overnight to think it over, and with luck, tempers will cool and they’ll get the better sense that this is boilerplate straight from the appendix of Beauchesne’s Parliamentary Rules and Forms, 5th edition, that that it likely wasn’t meant as a slight or a provocation. (Probably. But given how ham-fisted and tone-deaf the House Leader has a tendency of being, this isn’t a guarantee). It’s possible that cooler heads will prevail and they will defer rather than letting it ping-pong.

The more contentious bill may in fact be Bill S-3, which amends the Indian Act to remove gender-based discrimination, but the Commons rejected the Senate amendments that would eliminate other forms of discrimination. This particular bill may wind up being more problematic because it’s not a money bill and there is a bigger point of principle about discrimination and rights which a lot of senators get very exercised about (rightfully), and Indigenous senators in this case are particularly sensitive to. There have been suggestions that some are proposing a conference between the chambers to resolve the potential impasse, but we are not there yet.

Part of the calculation is that because the Commons has risen, a game of chicken is now being declared, where they are essentially daring senators not to recall them to deal with these amendments, and like Peter Harder has been doing, there will be all kinds of voices going on about the expense of such a recall. I think it’s overblown, but it wouldn’t be the first time that the Commons has used such a tactic to try and force the Senate’s hand into backing down on passing bills at the end of the sitting.

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QP: Final accusations of the spring

One what was almost certainly the final sitting day (for real!), and after a number of statements for National Aboriginal Day (to be renamed next year), QP was on. Andrew Scheer led off, worrying that the changes to national security laws will make things too difficult for CSIS to do their jobs, per the fears of a former director. Justin Trudeau assured him that they we getting the balance right of safety and protecting rights. Scheer worried that security was being watered down, and Trudeau reiterated that they were getting the balance right. Scheer then changed to the issue of taxes and demanded he listened to the Liberal senators and stop the escalator taxes on beer and wine, and Trudeau reminded him that they lowered taxes on the middle class. Scheer railed about how they were hiking taxes on ordinary people (and no, cancelling a bunch of tax credits does not equal raising taxes), and Trudeau reiterated his response. For his final question, Scheer spun up a hyperbolic rant about all of the awful things the government has done, and Trudeau responded with a list of accomplishments and promises kept. Thomas Mulcair was up next, accusing the government betraying their promises to Indigenous people, and Trudeau assured him that they were committed to reconciliation and the relationship. Mulcair accused the government of breaking their promises on Access to Information, and Trudeau hit back that the NDP were completely absent on the transparency file. Mulcair worried about the Infrastructure Bank and the spectre of user fees, and Trudeau reminded him that they were looking for new ways to invest in the things Canadians need. For his final question, Mulcair railed about fundraisers, and Trudeau said that they were raising the bar and were exhorting the opposition to do the same.

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QP: Tired jabs and deficit questions

Nearly all the desks were filled on what was possibly the final QP of the spring. Andrew Scheer led off, concerned about the “astronomical” debt the Liberals were leaving behind (which, in absolute terms, is one of the envies of the world because it’s quite low). Justin Trudeau reminded him that they won the election on promises to invest. Scheer tried again, giving a lame “budgets don’t balance themselves” quip, and Trudeau again reminded him that they needed to invest after the previous government didn’t and hey, lower taxes for the middle class and the Canada Child Benefit. Scheer railed about all of the new taxes being levied (most of which were not new taxes but cancelled tax credits that had little efficacy), and the PM reiterated that he lowered taxes. Scheer jabbed that Trudeau had never been part of the middle class, and Trudeau hit back that boutique tax credits and lower taxes on the wealthiest didn’t help those who needed it the most. Scheer then turned to the new national security bill, saying it removed needed tools for law enforcement agencies. Trudeau noted that they were balancing community safety with rights and freedoms, and that they welcomed recommendations for amendments. Thomas Mulcair was up next, grousing that the government broke their promise on allowing Access to Information requests to ministers offices and the PMO. Trudeau simply noted that they made the biggest reforms to the bills and increased proactive disclosure. Mulcair tried again with added mocking, but Trudeau didn’t budge, and Mulcair then railed that they kicked journalists out of a party fundraiser. Trudeau reminded him that they have raised the bar on transparency and that other parties weren’t doing. Mulcair tried again in French, but Trudeau’s answer didn’t change.

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QP: Demands to split the bill

While it was a Monday with the Prime Minister present, the other major leaders weren’t, curiously enough. Alain Rayes led off for the Conservatives, demanding to know when the budget would be balanced. Justin Trudeau reminded him that they had a lot of priorities that they got elected on that they were delivering on after ten years of underinvestment by the previous government. Rayes then wondered why the government wouldn’t split out the Infrastructure Bank out of the budget bill, and Trudeau insisted that it was a centrepiece of the campaign and that there was a need for the Bank and its investments in infrastructure. Rayes tried again, got much the same answer, and then Candice Bergen tried again in English, calling it a slush fund. Trudeau repeated his same points about the need for investment in English, and when Bergen demanded a date for a balanced budget, Trudeau listed the ways in which voters repudiated them in the last election. Ruth Ellen Brosseau led off for the NDP, railing about NAFTA negotiations — including Supply Management, because it wouldn’t be a question from her without Supply Management — and Trudeau insisted that they were looking forward to sitting down with the Americans once negotiations start, but they would defend Canadian interests. After Brosseau asked the same in English and got the same answer, Matthew Dubé demanded that the Infrastructure Bank provisions be split out of the budget bill, and Trudeau noted that it was still a budgetary measure so it wasn’t an abuse of omnibus legislation and that he expected the Senate to pass budget bills passed by the Commons. Dubé switched to French to concern troll about how the Bank affects Quebec, and Trudeau responded that at some point, they needed to deliver on promises, and that was what the Bank was doing for Quebec and Canada.

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Roundup: A swiftly-moving “stalled” bill

An odd narrative has been developing over the past few days about the budget implementation bill being “stuck” in the Senate, and that senators there are “holding it up” as the sitting days in the Commons tick down. And I’m really not sure where this impression comes from because the bill has only been there since Tuesday.

Quite literally, the bill was passed in the Commons on Monday, read in at First Reading in the Senate on Tuesday, passed Second Reading on Wednesday, and had the minister appear at committee on Thursday, and it was later that day that the motion to split the bill was voted on. (The Senate didn’t sit on Friday, for the record). If anyone can please explain how this is “holding it up” or “stuck,” I’m frightfully curious as to how exactly it works.

Justin Trudeau, meanwhile, went on The West Block yesterday and reiterated his praise for the Senate’s work and saying that he expected that this particular attempt to “alter” the budget bill is just “growing pains.” Err, except by altering, they are simply trying to split one section out so that it gets further study, so that the rest of the budgetary elements can get passed, while the section that does need further study gets it. That’s not exactly a major alteration, and they’re not looking to kill that section of it either – just ensure that it’s going to work like it’s supposed to. But then Trudeau insisted that it’s a well-established practice that the Senate always defer to the Commons on money bills.

The hell it is. Constitutionally, the Senate can’t initiate money bills, but that doesn’t mean they simply defer on all of them. Hell, the very first bill they passed in the current parliament were the Supplementary Estimates (which is a money bill), and lo, they had to send it back to the Commons because they forgot to attach a crucial financial schedule to it. Should they have deferred to that flaw? Yes, the Commons is the confidence chamber, and the chamber of “democratic legitimacy,” but Trudeau is conflating a number of different things here, and it’s a bit disappointing because he should know better.

And I will remind everyone that this current Senate, no matter how many bills it sending back with amendments, is still nowhere near as “activist” as the Senate was in the Mulroney days, where they forced him to an election over the free trade agreement and to use the constitutional emergency powers to appoint an additional eight senators in order for him to get the GST passed. The current iteration of the chamber, while they are sending more bills back with amendments, will inevitably defer. That the government is accepting many of those amendments shows that perhaps *gasp!* it was flawed legislation to begin with (not that the Harper government using its illegitimate whip over their senators to pass bills made them any better, because their court record shows they weren’t).

But if we could have fewer terribly media headlines putting forward a patently false narrative about what’s going on in the Senate right now, that would be grand.

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QP: Concern about summer vacations

The day was not as hot as yesterday, but tempers were indeed starting to fray in the House of Commons with the threat of procedural shenanigans hanging in the air. Andrew Scheer led off, saying that the PM was eager to get away for summer vacation but lo, there were all kinds of new taxes. Trudeau noted that his summer vacation plans included touring the various federal parks around the country, which were all free, and oh, he lowered taxes on the middle class. Scheer then switched to French to demand a publicly accessible sex offender registry, to which Trudeau noted the existing system worked just fine. Scheer tried again in English, and got the same answer. Scheer turned to the Norsat sale in French, and Trudeau assured him that they listened to their national security agencies and allies. They went another round of the same in English, before Thomas Mulcair got up to ask the same question in English. Trudeau reiterated his response, and Mulcair insisted the answer was “demonstrably false.” Mulcair hammered away in French, but Trudeau stuck to his points about due diligence. Mulcair then demanded the government adopt the NDP’s proposed nomination process for officers of parliament, but Trudeau insisted that they already adopted a new process that got more meritorious diverse appointments. Mulcair tried again in French, but got the same response.

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Roundup: The looming retirement of the Chief Justice

Chief Justice Beverley McLachlin announced yesterday that she would be retiring on December 15th, a few months in advance of her mandatory retirement date, in order to give the government enough time to find a suitable replacement. Why that date is significant is because it will be at the end of the Court’s fall sitting, letting her use the next six months that she is able to clear off the files from her desk and work on any outstanding judgments rather than depart mid-sitting and the organizational chaos that would follow.

The next steps are now an important consideration. The government will not only have to name a new Chief Justice, but a new judge from Western Canada (and likely BC given that’s where McLachlin was appointed from). And in order to keep gender balance on the court it will likely have to be a woman, and in accordance with this government’s push for diversity, it will likely be a person of colour, if not someone Indigenous (and let us not forget that said person must also be fluently bilingual, which is another self-imposed criteria that this government has made for itself). This may be easier to find in BC than it was in Atlantic Canada, mind you. And for Chief Justice? My money is on Justice Richard Wagner, whom I know many close the court have already tapped as being the successor if they had their druthers.

Of course, we’ll see if this government can get an appointment process back up and running within the six months. Experience has shown us that they seem to have difficulty with that, especially as there are still some sixty or so federally appointed judicial vacancies still remaining around the country, and a few of the Judicial Advisory Committees charged with finding candidates for said vacancies still not fully appointed either, which is a problem. Of course, they may be able to largely reconstitute the committee that oversaw the nomination of Justice Rowe, with Kim Campbell again in charge of the process, but I guess we’ll see how long that takes.

For more reaction, here’s Emmett Macfarlane on As It Happens and in the Ottawa Citizen, and Carissima Mathen on Power Play.

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QP: Carbon taxes and foreign takeovers

On a sweltering day in Ottawa, things carried on as usual in the House of Commons. Andrew Scheer led off, railing about carbon taxes killing the manufacturing sector, never mind that in his Ontario example, it was a provincial carbon price. Justin Trudeau hit back with jibes that it was good to see that most of the aconservaties believed in the Paris Accords and that carbon pricing was good for the market. Scheer groused that they would meet the targets without a carbon price, before moving onto the Norsat sale and lack of a comprehensive security screening. Trudeau reminded him that they took the advice of national security agencies. Scheer took a second kick, needling that Trudeau admired Chinese dictatorship too much to care about national security, and Trudeau lashed back that partisan jibes like that were unworthy of this place. Denis Lebel was up next, demanding a non-partisan process to appoint parliamentary watchdogs, and Trudeau noted their new appointments and rattled off some of the diversity of the new reports. Lebel tried again in English, and got the same answer. Thomas Mulcair was up next, asking if the Der Spiegel article was true that the government was backing away from climate goals at the G20. Trudeau insisted that they have been climate leaders and pointed to examples. Mulcair pressed, and Trudeau was unequivocal that he did not say what was in the article. Mulcair then turned to the issue of court cases involving First Nations children and dialled up the sanctimony to 11, and Trudeau noted the memorandum of understanding he signed with the AFN this morning about moving forward on steps. Mulcair demanded that the NDP bill on UNDRIP be adopted, but Trudeau insisted they were moving forward in consultation (never mind that said bill is almost certainly of dubious constitutionality).

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