Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: Ministers inbound

Posted on by

The ongoing protests in support of those First Nations hereditary chiefs protesting the Coastal GasLink pipeline have not yet resulted in arrests, raids, or other police action to enforce the court injunctions just yet, and VIA Rail has shut down passenger rail service throughout the country, while CN Rail has shut down their eastern Canadian operations for the time being, and that means temporary layoffs. There has been more government responses now – BC premier John Horgan is setting up new meetings, while Carolyn Bennett is heading to BC to meet with those hereditary chiefs, while Marc Miller will be meeting with the Mohawk leaders setting up the blockades in Central Canada (while Justin Trudeau says he remains apprised of the situation while abroad, and will be returning to Ottawa tonight following the conclusion of the security conference in Munich). Trudeau reached out to one of the First Nations leaders leading a solidarity protest blockading the port in Prince Rupert, and that seems to have worked, as they agreed to dismantle that particular blockade.

Part of what is underlying the response to these protests seems to be an aversion to another Oka crisis – so we’ll see whether there have really been any lessons learned, thirty years later. And police action would inflame the situation, and they seem to be alive to that situation, which is probably a good thing. I have to wonder if part of the response to this isn’t also a bit of a mirror of what we saw recently with the CN Rail strike, where certain voices started immediately howling that Parliament needed to be summoned in order to ram through back-to-work legislation or there would be dire consequences, and the government held off and lo, a resolution came within about eight days. Was there some disruption? Yes. Was the outcome better than if they had taken out the sledgehammer? Undoubtedly. And it would seem to me that similar thinking is underway here. Despite a few middle aged, white male columnists are melting down over, things are not at a crisis level – they are largely inconveniences, which is the point of protest. And by not making things worse, there remains a chance to resolve this in a peaceable manner.

This having been said, the cries that Trudeau is off trying to secure a UN Security Council seat instead of dealing with this “crisis” are myopic and don’t grasp what the seat would do for Canada (articulated in this thread), though I will lay that on this government’s chronic inability to communicate their way out of a wet paper bag. I also suspect that the hereditary chiefs’ attempt to launch a constitutional challenge against the pipeline on an environmental basis is going to blow up in their faces, so I’m not sure either side is doing themselves any particular favours in all of this.

https://twitter.com/EmmMacfarlane/status/1227934187090518022

Continue reading →

Roundup: Holding off on enforcement

Posted on by

Indigenous protests continue across the country in support of those protesting the Coastal GasLink pipeline, with not only rail disruptions, but also blockades around legislatures and city halls (Halifax city hall being a target that nearly kept Chrystia Freeland from the building). Thus far, police have not cleared any of them despite warnings that enforcing the various court orders will be imminent, and even some Indigenous leaders are calling on their people to end the blockades. That doesn’t seem to have persuaded any of them just yet. (The Star hears from protesters themselves here).

While Jagmeet Singh is calling on Justin Trudeau to return from his foreign trip early to deal with the situation, and Andrew Scheer hinting that he wants politicians to direct the RCMP to enforce those court orders right away (which is a very bad idea and has led to past flashpoints with Indigenous communities), Trudeau says he and his Cabinet are monitoring the situation but are content to let the provinces continue to handle those issues that are within their jurisdiction – as well he should. I suspect that one of the reasons why the RCMP and OPP are holding off on any enforcement actions just yet are because moving too soon will simply generate more sympathy for the protesters and possibly escalate the situation across the country, whereas waiting another day or two will lose those protesters any sympathy as the inconvenience becomes too much for most Canadians, and that most of the protesters will get bored and go home on their own before too long.

Meanwhile, Susan Delacourt remarks on the impossible situation that Justin Trudeau has been placed in by this situation, while Chris Selley wonders how we can be considered a grown-up country if we can allow the disruptions to continue without treating it like a serious situation that it is for many people affected by it. As well, here is an explainer from last year about the dispute within the Wet’suwet’en First Nation, and how that affects the duty to consult.

Teck Frontier mine

I wanted to point you to this piece, written by energy economist Andrew Leach and environmental law professor Martin Olszynski, which puts a lot more facts and context on the table regarding the Teck Frontier mine application and what is really being considered by Cabinet. In particular, because market conditions have changed so much since the project was first proposed in 2011, and the (flawed) economic impact analysis along with it, it means that the expected economic benefits are far, far less than what was initially promised (when they assumed oil at $95/barrel; it’s currently hovering around $50/barrel), and that will have to weigh in on the government’s decision. After all, the decision tends to boil down to how much economic benefit is worth the significant adverse environmental impact of the project – and it will be significant. And if the benefits are far below what they were initially sold to be, does that make it worthwhile to approve the project knowing that the benefits won’t necessarily outweigh the impact. It’s certainly worth thinking on – especially as the provincial government is now casting aspersions on the First Nation that is balking after the lack of ongoing engagement, and the rhetoric continues to heat up to outsized proportions.

Continue reading →

Roundup: Protests and impossible demands

Posted on by

The protests in support of the hereditary chiefs who are against the BC Coastal GasLink pipeline continue to disrupt the rail corridors in central Canada, though that may soon come to an end as the OPP has stated that the situation has become “dire” and threatened enforcement of court injunctions soon enough. Rail service has been cancelled for both freight and passengers, which is going to cause some economic disruption, especially as other sympathetic protesters have been attempting to blockade ports on both coasts. The federal government maintains that they are very concerned about what is happening, but state that these remain areas of provincial jurisdiction, and that’s something that we can’t simply handwave away.

And this is something that should be remarked upon a little more – the demands that the federal government get involved with the Coastal GasLink situation are essentially saying that the government should ignore the constitution, or that when a group feels aggrieved by the provincial government that they can then turn around and demand that the federal government do something, like asking your mother for permission after your father says no. Meanwhile, some of the protesters – like those staging a “sit-in” in the Department of Justice building, are making novel demands of the minister that are outside of his powers, and which don’t respond to how government operates in Canada – particularly given that the RCMP operates at arm’s length and doesn’t take orders from the justice minister or any Cabinet minister. In this case, they are enforcing a court order, which again, the government can’t simply step in and make disappear. We have a rule of law. And yes, the situation is complicated by the fact that there aren’t treaties in this area of BC, which means there is uncertainty as to the rights and title question (which have been under negotiation for years, if not decades), but the justice minister can’t wave a magic wand. Real life doesn’t work like that, and for this group to declare that if he doesn’t wave a magic wand by today that “reconciliation is dead,” well, it’s more than a little precious.

Meanwhile, these protests are giving rise to other voices who want to exploit the situation, like Conservative leadership hopeful who says that if he was prime minister, he would do something about it. He won’t say what – but by gum he’d do something! Jason Kenney, meanwhile, is trying to build the case that this is somehow a “dress rehearsal” for future pipeline protests, and calling these actions “ecocolonial” (whatever that means). Meanwhile, his environment minister is slagging the First Nation chief who has raised concerns about Teck Frontier and the lack of engagement by the provincial government, saying that it’s just about money and the government has to worry about taxpayers. Of course, unless Kenney and company don’t tone it down, things are bound to get worse because of the underlying complexity, so perhaps people need to take a deep breath.

Continue reading →

Roundup: Open letters and complications

Posted on by

Alberta premier Jason Kenney took the next step in his performance art when it comes to demanding the approval of the Teck Frontier mine, and released an open letter to Justin Trudeau, which reiterated his points for the approval of the project. Of course, he didn’t actually tell the truth with all of those points, which is kind of awkward. (And hey, CBC, you could have done more than just retype Kenney’s letter and actually include some of the pushback, like Andrew Leach’s fact-checking).

Leach also has some problems with the lack of a viable reclamation plan for the project’s end-pit lakes, which is kind of a big deal, because it does seem like they’re trying to handwave away the problem, and hope that maybe in the future they’ll have a magic new technology that will solve the problem. That’s not a good thing. (Thread here).

Meanwhile, the federal decision on the Teck Frontier mine may be complicated as at least one affected First Nation says their concerns aren’t being addressed by the province, which is kind of a big deal. In fact, he said that the federal government has been doing their part, but the province under Kenney’s government has pretty much walked away after the previous government was doing the work with them – hence why they’re calling for the project to only be conditionally approved, with the condition being that the province be given a deadline to complete their talks with the First Nation and addressing their concerns about the impacts that the project (if it goes ahead, which it likely won’t anytime soon) would have on their local environment. It would seem to me that it’s a problem that Kenney keeps insisting they have full Indigenous sign-off on the project if in fact they actually don’t – but the truth hasn’t stopped him at any point thus far.

Continue reading →

Roundup: Kenney’s Washington mistruths

Posted on by

Apparently the lure of trying to wade into American politics was too strong for Jason Kenney to resist over the weekend, and he joined Doug Ford in taking swipes at Democratic Party hopefuls over the Keystone XL issue, before telling a Washington audience that Justin Trudeau’s former principal secretary, Gerald Butts, had conspired with the Obama administration to kill the Keystone XL pipeline – which is funny, because it was during the Harper government, and Trudeau has been on the record of being fully supportive of Keystone XL the whole time. Kenney’s Mini-Me, Scott Moe, insisted that this fable was “absolutely correct,” which is a lie in and of itself. And of course, people brought their receipts.

Of course, Kenney has nothing to fall on but lies about the state of the oil industry in order to keep the attention off of himself and his government’s failings in trying to manage the shifting economy – and his convenient target is always Justin Trudeau, whom he needs to keep his voters angry at as a means of distraction. That said, his audience laps it up, and that has pretty much eliminated any sense of shame that Kenney had left. There was a piece in this weekend’s tablet edition of Maclean’s that interviewed so-called “Wexit” supporters, and they all repeated the same memes and lies that Kenney and company peddle, along with a healthy amount of self-delusion, that Kenney also stokes by way of his rank dishonesty. He is continuing to play with fire, as he feels he’s clever enough to put it out and be declared a hero before it gets too big, and trying to do it from Washington is not only a sign of hubris, but possibly of his own desperation.

Continue reading →

Roundup: Escalating costs for compliance

Posted on by

The over-the-top rhetoric over energy projects in this country hasn’t been limited to the Teck Frontier mine decision. No, we got a new round of it yesterday when Bill Morneau disclosed that the Trans Mountain expansion pipeline costs have increased to $12.6 billion, in part because of environmental changes and accommodations for local First Nations. Predictably, both the Conservatives and project opponents lost their minds – the Conservatives melting down that this was somehow because of this government’s delays (erm, you know there were court processes in between, right?), apparently oblivious to the fact that this was the cost of compliance to get it built; the opponents because of the increased price tag over a project that they are certain will increase carbon emissions (even though it is more likely to decrease them as those contents would simply flow by rail otherwise). Jason Kenney, of course, takes the cake for his own outsized rhetoric on the matter.

From Washington DC, Kenney and his Mini-Me, Scott Moe, were both being remarked upon for how toned down their rhetoric has been of late (which I contend has to do with Trudeau and Freeland calling their bluff on their “equalization” bullshit), but they certainly kept up it up around Teck Frontier, and Alberta’s environment minister was thundering about the news reports of a possible federal “compensation package” if the approval was not granted – which was, of course, full of lies about the merits of the Teck proposal. And the notion that the federal government simply needs to “get out of the way” pretends that the biggest woes are the price of oil, and the fact that the US shale boom has hobbled the viability of the oilsands.

Meanwhile, Heather Scoffield makes note of the fact that all reason has gone out of the “debate” over the approval of the Teck Frontier mine. As if to illustrate the point, Matt Gurney repeats a bunch of the well-worn justifications for approving the project under the notion that Alberta needs jobs and not bailouts, without seeming to recognize that it’s not currently economically viable, while ignoring that delays to TMX were not because of government action but Indigenous court challenges under their constitutional rights, or that there is a reason why the Conservatives ensured there was Cabinet sign-off on these decisions. Chantal Hébert points out that the Liberals will lose whichever way they decide on this project.

Continue reading →

Roundup: The meaningless debate over Teck Frontier

Posted on by

The debate over approval of the Teck Frontier oilsands mine is reaching completely absurd levels, right up to warning that this will be an existential crisis for Confederation if the federal government rejects it. There is a fight brewing within the Liberal caucus, and Jason Kenney’s bombast is back to its dangerous stoking of anger for promises that nobody can deliver on. Conservative talking points, as with Kenney’s, are full of complete mistruths about the proposed emissions targets of the mine if it goes ahead, and they exaggerate the initial environmental assessment, which was skeptical about many of the claims the company made about their emissions. That Teck has promised to try and be carbon neutral by 2050 is also something that should be taken with a massive grain of salt because they haven’t outlined how they’ll get there, and it sounds an awful lot like technosalvation – that they hope to develop some miracle technology between now and then.

And it’s just so stupid because it’s unlikely that the project would even go ahead even if it were granted approval, and yet this is somehow supposed to be the great saviour of the Alberta economy. It won’t be. Teck has stated that even if they get approval, they would need another partner, more pipeline capacity, and the price of oil to be at least $75/barrel, and it’s currently sitting around $50, and unlikely to start climbing anytime soon as the global supply glut continues, and the shale boom in the US continues to drive down prices.

Nevertheless, a number of outlets are reporting that the federal government is preparing a fiscal rescue package in the event that it doesn’t get approval, which people are already panning as tone deaf, and the death knell of investment in Canada, but not one of them is looking at the current economics – that even if approved, it’s not financially viable, and as Andrew Leach points out, there are plenty of other approved projects that are not moving ahead because it’s not economically viable. Should the government prepare fiscal rescue packages for that eventuality too? The problems in the province and in the sector are not the fault of the current federal government, as much as people like to blame them. It’s a bigger, structural problem that has been decades in the making, and the ship isn’t going to be turned on a dime. Blaming Trudeau won’t solve anything.

Meanwhile, if you think this is somehow related to the former Bill C-69 and its environmental assessment process, it’s worth a reminder that this assessment process is under the process that the Harper government put into place, and even then, it’s not like this project is getting anywhere. That should be another signal.

Continue reading →

QP: Melting down over court challenges

Posted on by

While the prime minister was off meeting with big city mayors before heading off to Ethiopia, Andrew Scheer was indeed present, and he led off and he read a bunch of complete lies about the supposed plan to “license” media, to which Steven Guilbeault, who reminded him that the panel recommendations specifically excluded news media and the government would not regulate news media. Scheer insisted that wasn’t good enough and the report somehow would impact free speech, and Guilbeault repeated his answer in English. Scheer tried again, and Guilbeault said that he would be happy to sit down with the opposition when they tabled a bill. Scheer then moved onto UNDRIP, and claimed it was an effective veto on energy projects, to which David Lametti said that they were moving ahead with legislation that would be co-developed with Indigenous people. Scheer tried to use the scare tactics of veto powers, and Lametti suggested that Scheer look at BC’s UNDRIP legislation and see that it is not a veto. Alain Therrien led off for the Bloc, and he railed about the Court Challenges Programme funding a challenge against Quebec’s “secularism” bill, for which Guilbeault said that the government doesn’t have any control over that funding, and that they Bloc should understand the notion of independence. Therrien asked if the government supported the challenge, to which Pablo Rodriguez said that the legislation is being challenged by Quebeckers and that the government was following with interest. Jagmeet Singh was up next for the NDP, and demanded changes to the federal bankruptcy laws to prioritise workers, to which Navdeep Bains said that they had made some commitments in the last budget. Singh then demanded to know how much had been spent on legal fees for the challenge around the First Nations compensation, to which David Lametti said that reports of legal fees are calculated according to a set formula.

Continue reading →

Roundup: A sledgehammer solution

Posted on by

Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

Continue reading →

QP: Fictional legislation and crass quips

Posted on by

Wednesday, caucus day, and MPs were riled up in the aftermath. Andrew Scheer led off, and he recited some concern about the state of the Trans Mountain pipeline, to which Justin Trudeau expressed his satisfaction with the Federal Court of Appeal and that the previous government couldn’t get it done without boosterism. Scheer then tried to hand-wave about fictional “emergency legislation” around court challenges and worried about the United Nations Declaration on the Rights of Indigenous Peoples as a “new threshold” to prevent development, to which Trudeau called out the whole question as a reflection of how the Conservatives don’t understand how things work. Scheer tried again, and Trudeau called out the misinformation. Scheer switched to French to worry about the supposed “plan” to license media, to which Trudeau picked up a script to read that they would not impose licensing on news. Scheer changed to English and lied about what was in the report, as well as the media “bailout” fund, and Trudeau slowly enunciated that they would not impose licenses on news organisations or regulate news content. Yves-François Blanchet was up next for the Bloc, and he rambled about they English School Board of Montreal getting money to challenge the “secularism” bill, to which Trudeau started that the Court Challenges Programme awards aid to groups in an arm’s length way from government. Blanchet tried to make this an issue of provincial jurisdiction, to which Trudeau repeated that programme was independent of government. Jagmeet Singh was then up for the NDP, and complained about the backlogs for women regaining First Nations status after the law changed to broaden the criteria. Trudeau started that they have spent record amounts to Indigenous communities, and it takes longer because the delivery needs to be done in partnership with those communities. Singh then moved onto the Coast Gas Link pipeline dispute, demanding that the prime minister meet with the hereditary chiefs, to which Trudeau stated that the issue was entirely under provincial jurisdiction, which they respect.

https://twitter.com/AaronWherry/status/1225141168683606017

Continue reading →