Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: More knives for Scheer

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Even more knives have come out for Andrew Scheer – on a couple of different flanks. From the social conservatives, Scheer didn’t defend their interests strongly enough in the election and now they want him gone. This in the face of more moderate conservatives looking for him to join the twenty-first century on issues like support for LGBT rights. And then, on Power & Politics, Kory Teneycke – one-time director of communications to Stephen Harper and maestro behind Sun TV – said that Scheer should resign and if he wants his job back, to run for it again in a full-blown leadership contest. What was even more interesting in those comments was his contention that a leadership review is not enough because those are easily enough manipulated by those loyal to the current leader – and he’s right.

The problem, of course, is that so long as we continue to insist on running our leadership contests in this bastardized model, leaders will continue to claim democratic legitimacy to marginalize their caucus, ignore the grassroots, and not face any meaningful accountability, so it’s hard to see how the outcome of such a contest could be any different in the broader scheme of things. There are deep problems that need to be addressed in our parties, but nobody wants to actually say so.

Meanwhile, not only has Scheer fired his chief of staff and his director of communications, but Hamish Marshall, his campaign manager, has come to the end of his contract and it doesn’t sound like he’s interested in renewing it anytime soon. It remains to be seen if this kind of house-cleaning is enough bloodletting for the caucus that remains frustrated by their election loss, but it may not be given the knives that have been out for Scheer in a number of different directions.

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Roundup: Tribunal orders and judicial review

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This week, the Federal Court will hear the case of the federal government’s judicial review of the Canadian Human Rights Tribunal’s compensation order for First Nations children who were apprehended and removed from their homes by child and family services. The reporting on this is going to be emotional, and as you can see from both the CBC and Canadian Press reports previewing the hearings (which will be webcast for the first time), the focus of who they’re speaking to are Indigenous people – fair enough – but almost zero time in either report is spent on the actual legal arguments, which are significant. Only the CBC report included the line that “Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.”

This is a pretty significant thing, because one of the arguments is that the Tribunal, in making the kind of order that it did, was exceeding its statutory authority to do so. That’s a pretty big deal, and why the government would be looking for a judicial review – to ensure that the Tribunal isn’t allowed to overreach, and doesn’t create a precedent for future instances of overreach. It may seem like petty details, but it’s a pretty significant issue when you look at how the administrative tribunal system in this country is set up, and the role that it plays in the broader justice system. The fact that this is being ignored by the mainstream press isn’t surprising, because administrative law isn’t sexy (even though it’s one of the most contentious issues that our Supreme Court is grappling with at this very moment), but we shouldn’t dismiss it.

The government – and prime minister Justin Trudeau in particular – has stated that there will be compensation, and they are already working on a settlement for the class action lawsuit in question, which may include boarder compensation so as not to have to separate compensation streams for the same apprehensions. And they should absolutely be held to account to that promise that they made – but the Tribunal order cannot and should not be the end all and be all, and we need to recognize that, and ensure that some of the broader context is being discussed.

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Roundup: Middle Class™ is a state of mind

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I don’t really want to engage in a pile-on, but the fact that the new Minister of Middle Class™ Prosperity® was doing the media rounds and imploding on trying to offer a definition of just what is Middle Class™ was not a good start to her ministerial career – not to mention an indictment of the comms geniuses in the PMO who sent her out there unprepared. You would think that actually having a working definition of what is “middle class” would be an important thing to equip a minister with when you give her the portfolio – particularly when you wrap up an otherwise sober role of Associate Minister of Finance with this ridiculous title. And there are a couple of very serious points to make here – if you can’t actually define what “middle class” means, then you have no actual way of measuring your success in dealing with the perceived issues of income disparity – which this government has been using Middle Class™ as a code for without trying to sound like they’re engaging in class warfare. But as a branding exercise, when you rely on the fact that everyone thinks they’re “middle class” or about to be – particularly people who are well over what is actually middle class in this country – it’s one of those things that tends to flatter people, but becomes meaningless – essentially that Middle Class™ is a state of mind. Mona Fortier did, over the course of the day, transition from “it involves your kids being in hockey” to “there’s no one definition” because of regional variations and disparities, but it was a bit of a trial by fire, and hopefully a lesson that she – and the comms geniuses in PMO – will take to heart.

All of this talk of being Middle Class™ does bring me back to this scene from the early noughties UK sitcom Gimme Gimme Gimme, where being Middle Class was a Thing.

Meanwhile, Chris Selley makes the very salient point that this government has moved the needle on poverty in this country, but the problems we’re facing aren’t with the Middle Class™, and perhaps they should put a focus on those areas instead.

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Roundup: Holding up a mythical threat

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The first day of the new Cabinet, and Justin Trudeau, along with Chrystia Freeland and Jim Carr, had their first meeting as a group with Calgary mayor Naheed Nenshi, who held up the now-former Bill C-69 as the source of much of the anger in Alberta, and his demands that it be changed. The problem here – and Nenshi acknowledged – is that the pre-existing system that Stephen Harper’s government put into place in 2012 did not work, and Nenshi could list projects being held up by it, which is all the more reason why his strident condemnation of the new assessment system is all the more baffling. Part of the problem here is that the bill – along with the now-former C-48 – have been used as scapegoats for the frustrated economic ambitions of the province. Never mind that C-48 was largely symbolic – there is no pipeline project that would head for the northwest coast of BC, nor is there going to be, and no, Northern Gateway is not going to make a comeback because the obstacles identified by the Federal Court of Appeal were almost certainly insurmountable. And C-69 is in no way a “no more pipelines” law.

I talked to a lot of environmental lawyers on both sides while C-69 was being debated, and the biggest source of unease on the proponent side was the uncertainty as to whether the legislated timelines would have the problem of issues stopping the clock – thus dragging out those timelines – much of which was alleviated when the draft regulations were released. Again, the talk about the carbon budget in the bill was clarified in the regulations, which also alleviated many of their concerns (and caused some on the environmental side ulcers). So while the government is now talking about tweaks to the regulations, that seems more than entirely appropriate for the reality of the situation, and their refusal to scrap the law is entirely rational and just.

The problem becomes fighting the narrative that has been created around this law, and the fact that it has grown into a mythological terror is what they will have to grapple with – and compounding this is the fact that this government has proven itself time and again to be utterly incompetent at communications. For as much as Catherine McKenna did some good work when she was the minister, she kept repeating the tired slogan of “the environment and the economy go together” and other nonsense talking points (and then insisting that she spoke like a regular person), which did nothing to counter the lies being promulgated by Jason Kenney, Andrew Scheer, and others, about what was actually in the legislation. And you can’t fight lies with canned talking points. I wish this government – and the communications geniuses in the PMO most especially – would get that through their heads, which is why trying to placate the anger when it’s being directed at the mythology and not the reality of this legislation is going to be an uphill battle.

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Roundup: Look at all the chimeric ministers

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With the usual bit of pomp and circumstance, the Cabinet has been shuffled in advance of Parliament being summoned. It is bigger by two bodies, there are seven new faces, a few new portfolios – and baffling ones at that – a few being folded back into their original ministries, and yes, gender parity was maintained throughout. The Cabinet committees are also getting a shuffle, which gives you a glimpse at what they see the focus will be, and spoiler alert, it’s very domestic and inward-looking – not much of a surprise in a hung parliament where there are few plaudits or seats to be won on foreign affairs files. It’s also no surprise that it’s Quebec and Ontario-heavy, and largely representing urban ridings, because that’s where the Liberals won their seats.

And thus, the biggest headline is of course that Chrystia Freeland has been moved from foreign affairs to intergovernmental affairs, but with the added heft of being named deputy prime minister – the first time this title has been employed since Paul Martin, and Freeland assures us that it’s going to come with some heft and not just be ceremonial. She’s also retaining the Canada-US file, so that there remains continuity and a steady hand on the tiller as the New NAFTA completes the ratification process. It also would seem to indicate that it gives her the ability to keep a number of fingers in a number of pies, but we’ll have to wait for her mandate letter to see what specifics it outlines, though the expectations that she will have to manage national unity in this somewhat fractious period is a tall order. Jonathan Wilkinson moving to environment has been matched with the expected talk about his upbringing and education in Saskatchewan, so as to show that he understands the prairies as he takes on the environment portfolio. Jim Carr is out of Cabinet officially, but he will remain on a Cabinet committee and be the prime minister’s “special representative” to the prairie provinces, which is supposed to be a less taxing role as he deals with cancer treatments (though I don’t see how that couldn’t be a recipe for high blood pressure, but maybe that’s just me). Two other ministers were demoted – Kirsty Duncan, who will become deputy House Leader, and Ginette Petitpas Taylor, who will become the deputy Whip – though it should be noted that both House Leader and Whip are of added importance in a hung parliament.

The opposition reaction was not unexpected, though I have to say the Conservatives’ talking point was far pissier than I would have guessed – none of the usual “we look forward to working together, but we’ll keep our eyes on you,” kind of thing – no, this was bitter, and spiteful in its tone and language. Even Jason Kenney was classier in his response (but we all know that lasts about five minutes). That’ll make for a fun next few years if they keep this up.

As for some of my own observations, I was struck by the need to name a new Quebec lieutenant, given that Trudeau used to say that they had a Quebec general (meaning him), so no need, and lo, did the Conservatives had meltdowns over it. Likewise, there was thought under the previous parliament that they would eliminate all of those regional development ministers and put them all under Navdeep Bains (whose ministry has rebranded again from Industry, to Innovation, Science and Economic Development, and is now Innovation, Science, and Industry), which kept a lot of the kinds of nepotism that was rampant in those regional development agencies at bay. Now Trudeau has hived off the economic development portfolio into its own ministry, to be headed by Mélanie Joly, but she’ll have six parliamentary secretaries – one for each development agency region, which feels like the whole attempt to break those bonds is backsliding. Science as a standalone portfolio was folded back into Bains’ domain, but the very specific project that Kirsty Duncan was tasked with when she was given the portfolio four years ago was completed, so it made a certain amount of sense. Democratic Institutions is gone, folded back into Privy Council Office and any of its functions Dominic LeBlanc will fulfill in his role as President of the Queen’s Privy Council (which is a role that is traditionally secondary to another portfolio). Trudeau continued to keep his Leader of the Government in the Senate out of Cabinet, which is a mistake, but why listen to me? (I’m also hearing rumours that Senator Peter Harder is on his way out of the job, so stay tuned). The fact that David Lametti got a new oath as minister of justice and Attorney General to reflect the recommendations of the McLellan Report was noteworthy. But overall, my biggest observation is that Trudeau is doubling down on the kinds of chimeric ministries that tend to straddle departments, which makes for difficult accountability and confusing lines of authority on files. The most egregious of the new portfolios was the “Minister of Middle Class™ Prosperity,” which is a fairly bullshit title to attach to the fact that she’s also the Associate Minister of Finance, which should have been significant in the fact that it’s the closest we’ve been to a woman finance minister at the federal level, but dressing it up in this performative hand-waving about the Middle Class™ (which is not about an actual class but about feelings) is all the kinds of nonsense that keeps this government unable to communicate its way out of a wet paper bag, and it’s just so infuriating.

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In hot takes, Chantal Hébert sees the move of Freeland as the defining one of this shuffle, and notes that it could either be just what they need, or it could be a kamikaze mission for Freeland. Susan Delacourt sees the composition of the new Cabinet as one that corrects past mistakes and of taking on lessons learned. Robert Hiltz points to the two polarities of this Cabinet – the farce of the Minister of Middle Class™ Prosperity, and the menace of putting Bill Blair in charge of public safety. Paul Wells makes the trenchant observation that carving up ministries across several ministers has the effect of creating multiple redundancies that will make more central control necessary – and I think he’s right about that. (Also, for fun, Maclean’s timed the hugs Trudeau gave his ministers, which didn’t compare to some from 2015).

https://twitter.com/StephanieCarvin/status/1197245638548869120

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Roundup: It’s Cabinet Shuffle Day!

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We are now well into Cabinet leak territory, and right now the news is that Chrystia Freeland will indeed be moving – but we don’t know where. We do know that François-Philippe Champagne will replace her at Foreign Affairs, that Pablo Rodriguez will be the new Government House Leader (after we already heard that Steven Guilbeault will take over Canadian Heritage), plus Seamus O’Regan moving to Natural Resources, that Jonathan Wilkinson is taking over Environment and Catherine McKenna will take over Infrastructure. We’re also hearing from Quebec media that Jean-Yves Duclos will take over Treasury Board, and that Mélanie Joly is due for a promotion – but no hint as to what it means otherwise. Still no word on Public Safety, which is a huge portfolio that will need a very skilled hand to deal with in the absence of Ralph Goodale.

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Meanwhile, some of the other roles that Trudeau needs to decide who are not in Cabinet will include the whip, parliamentary secretaries, and considerations for committee chairs (though he won’t have the final say on those as they are ostensibly elected by the committees themselves, and it’s the whips who largely determine who will sit on which committee). Committees are especially important in a hung parliament, so this could mean big roles for those who didn’t make it into Cabinet.

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Roundup: Don’t bug the LG. Ever.

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In a move that is as brazen as it is utterly galling, Jason Kenney’s government legislated the province’s elections commissioner out of existence, after he levied tens of thousands of dollars in fines over the UCP leadership shenanigans. To make it all the more gob-smacking, Kenney and the minister in charge of the bill claimed that this wasn’t politically motivated, which earns a “Sure, Jan.” But even more appalling was the response from opposition leader Rachel Notley, for which I am about to suffer a rage-induced stroke.

https://twitter.com/Jantafrench/status/1196555704200351744

No. No, no, no, no, no. No. You DO NOT involve the lieutenant governor in this. She does not have discretion to accept or reject bills. She is not the “boss” of Jason Kenney. She cannot reject bills on the advice of the opposition, or her own recognizance for that matter. Her job is to accept the advice of the first minister who commands the confidence of the legislature, which Kenney does – even if the bill is unconstitutional. Her job is to act as a constitutional fire extinguisher, and we are a long way from there. Here’s Philippe Lagassé with more:

https://twitter.com/PhilippeLagasse/status/1196608180488482818

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I’m going to add an additional point about this being an appalling lack of basic civic literacy from the leader of Her Majesty’s Loyal Opposition in the province, but it implicates the entire media ecosystem as a whole, particularly when they ignorantly act as though a vice-regal has discretion about things like government formation, as exemplified with the stories of the hung parliaments in BC and New Brunswick, and even when shows like Power & Politics wrongly said that Trudeau “asked permission” from Her Excellency, Julie Payette, to “form a government” when they were the incumbent and already had a government and didn’t need to form one, let alone the fact that her job is not to grant permission. But stories like that plant the idea in people’s minds that she or any other vice-regal has personal discretion and can decide who will or will not form a government and apparently allow or disallow legislation, much like the pervasive idea that you can write to the Queen and she’ll do something about whatever it is you’re complaining about. That’s not how the system works. This shouldn’t be rocket science, but apparently these very basics are not being understood by those who are supposed to know these things because it’s their jobs to.

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Roundup: The Cabinet dominoes

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With the days counting down until the Cabinet shuffle, the speculation is starting to get intense, and much of it is centred around the fate of Chrystia Freeland and whether Justin Trudeau will keep her in foreign affairs or move her to a more problem-solving domestic portfolio – particularly intergovernmental affairs, and capitalizing on her Alberta upbringing as the regional representative around the table (along with Jonathan Wilkinson as the Saskatchewan representative). One of the considerations is that nobody is quite sure who might take Freeland’s place in the foreign affairs portfolio, and the dominos go from there.

Another consideration is the fact that there will need to be some additional bench strength remaining for the committee chairs, as they will be a bigger battleground in a hung parliament than under a majority, given that the opposition will now hold the majority on them. That will essentially mean that amendments for bills will become a bigger consideration at the committee stage than they were in the previous parliament (to say nothing of what happens with amendments coming from the Senate, now that the Commons can insist on adopting them if the opposition all gangs up). There will be plenty of new dynamics that need to be managed – which is why the positions of House Leader and Whip will be all the more important in this new parliament.

Meanwhile, Heather Scoffield has been imagining mandate letters for incoming ministers, and those released over the weekend include the international trade minister, as well as the social development minister.

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Roundup: Big numbers for hate clicks

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I’m not a big fan of pieces that construct data in a way to give the worst possible reading, with the intention of making readers angry, because it’s not only bad journalism but it’s irresponsible because our job should be about providing context – not weaponizing it for hate-clicks. And yet, here is a shoddy piece from the National Post designed entirely for the purpose of stoking the fires of the supposed anger in Western Canada right now, by producing a piece which purports to show how Alberta is basically funding Quebec. Oh, they’ll say – this is all Statistics Canada data! But as with any statistical data, it is dependent upon how it is contextualized and presented, and in this case, it’s in terms of “net fiscal transfers” without breaking out what that entails, nor does it actually explain equalization in any way. The most nuanced the piece gets is citing economist Trevor Tombe who reminds people that Albertans pay more in taxes because they have the highest incomes in the country – but it doesn’t then explain that those taxes go to federal general revenues, which then get distributed in programs, which can include equalization. There is no talk about equalization being about the fiscal capacity of a province and ensuring that they can have an equal level of service compared to other provinces, and how that is impacted by their provincial tax rates, or the fact that Alberta has chosen to keep its provincial taxes artificially low and making up the shortfalls with the revenues from their non-renewable resources. The favourite figure is how much Quebec gets in equalization payments, ignoring that on a per capita share, Quebec’s equalization is actually below most other provinces. These are all figures and context that matters – simply throwing big figures around is only designed to make people angry. It’s shite journalism, and yet here we are, yet again.

And speaking of fiscal transfers, here’s a look at how the $1.6 billion that the federal government has been using to bail out Alberta after their last oil crash has nearly fully been paid out, while the province keeps insisting that Ottawa has been “indifferent” to their situation.

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Roundup: Singh thinks he has leverage

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Yesterday it was Jagmeet Singh’s turn have his one-on-one with prime minister Justin Trudeau in advance of the Cabinet shuffle and Throne Speech, and Singh came with his own list of priorities and demands – most of them as unrealistic as Andrew Scheer’s. And Singh’s insistence that he was open to voting against the Throne Speech, and that the party was ready to go to another election at any time, was simply precious. Unable to read the room, or calculate the seat maths, Singh apparently thinks he’s going to play kingmaker when there are more willing partners on the dance floor.

To that end, Singh was demanding immediate action on pharmacare, and pretending that Trudeau hasn’t been clear that he plans to implement the Hoskins Report, which called for a universal pharmacare system. The problem is that you can’t have “immediate action” on it, because it’s actually a very complex thing. You can’t actually just say “we’ll pay for all pharmaceuticals” because the costs would be extraordinary, and phasing it in with a single national formulary is actually incredibly challenging to do, especially across all provinces and territories, because they have different formularies currently and you run the risk of reducing people’s existing coverage (as what happened in Ontario when they briefly offered pharmacare for all young people in the province). It’s going to require careful negotiation with the provinces and stakeholders, and Singh’s constant refrain that this can happen immediately is fantasyland – just like his request that they also consider adding dental care in there.

As for some his other demands, the one about more “science-based” targets for emissions reductions is pure buzz-word. Science is not public policy, and you can’t just hand-wave and go “science” because it doesn’t work like that. Demanding the government abandon its judicial review of the Canadian Human Rights Tribunal decision on compensation for Indigenous children in care? As a lawyer, you think he would be sensitive to the concerns of bad precedent – particularly if the Tribunal did exceed their statutory authority. Energy-efficient retrofits? Electrified transit? Green jobs? It’s like they haven’t paid much attention to the Liberal climate plan and what carbon pricing does to create market incentives. Electoral reform? Apparently he didn’t pay attention to the hot garbage report that the parliamentary committee released last parliament. His “super-wealth tax”? The one that would require the government to rewrite the entire tax code to make it conform to American concepts? I’m sure they’ll get right on that. Singh has no leverage, and yet he thinks the government should simply adopt the NDP platform or have the party’s support withheld. I’m sure the government will get right on that.

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