Roundup: Another 751 unmarked graves

There was yet more sobering news yesterday, that as many as 751 unmarked graves were located near the former Marieval residential school in Saskatchewan. Aside from the sheer number, some ways in which this site differs from Kamloops is that not all of the graves will be of children, and that many had headstones, which the Catholic Church removed in the 1960s during a dispute – which is a criminal offence, and the local First Nations chief said that they are treating this like a crime scene. And non-Indigenous Canadians should brace themselves, because we’re going to hear about hundreds, perhaps thousands, more of these graves over the next few years as the work of locating them ramps up, making it impossible to ignore the true face of our country’s history.

In response to the announcement, prime minister Justin Trudeau stated that this is Canada’s responsibility to bear, which was met by the usual calls that this was not enough action. The government has already committed to funding these searches in accordance with the wishes of local First Nations communities, as not all of them want the same approach, and Marc Miller said that they are open to boosting the funding if the need is there. There are also calls for an independent inquiry into these sites, but that could be a complicated structure if it requires provinces to get involved (and it likely will), and we could find ourselves with a repeat of some of the problems faced by the MMIW inquiry if that is the case.

Of course, the government’s response was made all the more problematic because Carolyn Bennett sent a spiteful one-word text to Jody Wilson-Raybould, who then tweeted it out and declared it to be “racist and misogynistic,” listing the tropes that she felt it invoked. Bennett publicly apologised and stated that it was their “interpersonal dynamics” that got the better of her, by which she means that the pair pretty much cannot stand one another, which lines up with the stories of their fights in Cabinet. It doesn’t excuse it, and Bennett absolutely should know better (especially because Wilson-Raybould has demonstrated that she keeps receipts), but that hasn’t stopped this from eclipsing some of the coverage of the day, which should have focused on Marieval, and what the next steps need to be.

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Roundup: Annual amnesia and Estimates abrogation

The House of Commons has risen for the summer, with four priority bills having made it to the Senate – including the budget implementation bill – but the rest of their “priority” bills languishing on the Order Paper. And the main party leaders spent the day sniping at one another in their respective press conferences, not necessarily telling the whole truth of the situation along the way, because that’s the way this particular game gets played.

It’s also that magical time of year when Hill reporters realise that the Senate exists and doesn’t operate in the same way that the House of Commons does, and we go through the ritual song and dance of worrying that bills won’t get passed before the Senate rises for the summer, and some usual tough talk by certain senators that they won’t be pushed around and they won’t fast track bills, until they do. We go through this every June, and every June, they push through these bills to ensure that they get royal assent before they leave for the summer. And no, the Senate’s calendar is not as fixed as that as the House of Commons, and yes, they do frequently sit later in order to get these bills passed. There is also the annual ritual of the government leader insisting that they really shouldn’t amend these bills because that would mean recalling the House of Commons, and that costs x-number of dollars per day and that’s apparently a bad thing for democracy (no, I don’t get the logic either), and with the constant speculation of an election, we’ll get additional concerns that they really can’t amend these bills because of that fact, and after some requisite chest-thumping, most senators will back down and pass the bills unamended. Yes, this happens every year, and it might behove these Hill reporters to remember this every year.

There is, of course, a more alarming aspect of what has transpired in this particular year, which is that several House of Commons committees didn’t do any scrutiny of the Estimates for the departments they are responsible for overseeing, and this is absolutely bloody alarming. This is the whole gods damned point of Parliament, and because they were wrapped up in their procedural warfare, that fundamental job didn’t get done. (And because of rules written in the sixties, Estimates that aren’t signed off on are deemed adopted, which is another outrage that they have not corrected). This should never have been the state of affairs – and I will note that some of those committee chairs offered additional sittings to ensure this scrutiny happened, but the MPs on those committees didn’t agree to it, which is an absolute outrage. That is your number one job as an MP, ahead of all other considerations, and you blew it because you were too busy grandstanding and/or protecting ministers who should have fallen on their swords, and we have further undermined our parliament as a result. Slow clap, MPs – stellar job.

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Roundup: The Ombudsman demands independence

The military ombudsman put out a position paper yesterday that called for his office to be made fully independent, and he criticized the minister’s office and the Department of National Defence for trying to interfere in investigations and ignoring recommendations for change. In particular, he cited that turning a blind eye to his office’s recommendations advances political interest or has to do with self-preservation or career advancements within the defence community.

Readers may know that I have issues with the demands for yet more officers of parliament. The proliferation of these officers has become acute in the last decade, and while there is a need for an independent ombudsman for the military, I also have not been blind to some of the previous holders of that office, and some were very much unsuited for an office that has no accountability. I’m not sure what kind of a structure the ombudsman’s office should need to be, but again, making him unaccountable and completely insulated opens the role up to the kinds of abuses of authority we’re seeing with the last officer of parliament that was created (being the Parliamentary Budget Officer, who has become completely unmoored from his legislative mandate). Anyone who doesn’t share this concern obviously isn’t paying attention (and I can guarantee you that the media is not paying attention, because they like it when these unaccountable officers try to turn themselves into media darlings, as the PBO is doing right now).

When asked about this, Justin Trudeau said that he would put it to Justice Louise Arbour as part of her comprehensive review, so that the ombudsman’s office can be part of the solution to reforming the military, but I fear that she may recommend the officer of parliament route. Part of the problem right now is that the minister isn’t responsive, but I think the solution needs to be that the minister needs to go rather than the ombudsman needing additional powers. Would that we actually hold ministers accountable for their failures, but this government doesn’t seem to be too keen on that.

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Roundup: Clown show at the bar

The move to call the Iain Stewart, president of the Public Health Agency of Canada, to the bar of the House of Commons yesterday, was a complete clown show. After the Speaker read his admonishment, the Chamber descended to a back-and-forth of points of order, points of privilege, and a discussion of moving a motion on sending the Sergeant-at-Arms to the PHAC offices to search them and seize the unredacted documents (and good luck with that, given that secret documents are meant to be kept in secure cabinets).

I found it exceedingly curious that none of the opposition leaders were present for this spectacle, given that they would doubtlessly like to use it for their own partisan purposes. I am also deeply unimpressed that the government only presented other possible options for the disclosure of those documents, such as only turning them over after more security measures were in place and the Commons Law Clerk had assistance from national security officials to ensure redactions could be done properly and in context, after the admonishment happened, which they should have done beforehand to prevent this incident from ever having taken place.

I’m not sure that a security-cleared Commons committee could have prevented this whole incident, because the committee that started this whole state of affairs is not the Defence committee (which is the natural place for such as security-cleared body) but the Canada-China committee, which was a make-work project of this current parliament set up in large part because Conservatives are trying to use China as their wedge issue, and the government went along with it. The whole demand for these documents is overblown partisan theatre, considering that the firing of the two scientists was almost certainly a paperwork issue (based on the reporting by those who have been on this story for two years), but the fact that the Lab is a secure facility simply complicated matters. This whole incident is one trumped-up incident after another, until it all combusted, and it’s no way to run a grown-up democracy, and yet here we are. Nobody comes out of this looking good.

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Roundup: Priority but not a priority

There are officially three sitting days left for the House of Commons before they rise for the summer, and lo, the bill to reform mandatory minimum penalties is nowhere to be seen, in spite of the government saying it’s a priority. In fact, it’s still at second reading stage, meaning there’s no chance they’ll get it through at this point, in spite of their professed need to do this as a way of combatting systemic racism in the justice system. Nor has there been any debate on the bill to make some of the modernisation plans forced upon the courts by the pandemic to be more permanent (some of it very needed, other aspects a little less so).

The government, meanwhile, is introducing another bill today on a new disability support credit, after they tabled their bill to make changes to the Official Languages Act last week, and you can read this as either promises for an election platform, or a sign that they have plans they want to get to work on in the fall. This being said, it’s been deeply weird to have a sitting of Parliament go by without their being a metric tonne of justice-related legislation in the process, churning its way through both Chambers (and I was remarking in a forthcoming column that the fact that the Senate’s Legal and Constitutional Affairs committee isn’t already overloaded is virtually unheard of).

The procedural shenanigans that have dominated this sitting have been more acute than I’ve seen in all of my years on the Hill, and it’s meant a lot fewer bills making it over the goal line than we’ve seen in a very long time. The fact that you have private members’ bills outpacing government legislation is also virtually unprecedented. This whole session has been nothing but procedural warfare, and it’s only bolstered the narrative of the need for an election. I’m still not convinced anyone actually wants one (other than bored pundits), but the narrative is there if the government wants to grab it, and doesn’t look too nakedly opportunistic in doing so (which is probably easier said than done).

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Roundup: Being called to the bar of the Commons

Following the motion in the House of Commons that the head of the Public Health Agency of Canada has been found in contempt of Parliament for refusing to turn over national security documents to a House of Commons committee, and is being summoned to the bar of the Chamber on Monday, said PHAC president is faced with a possibly impossible choice – if he turns over the documents, he is in breach of the Privacy Act and the Security of Information Act. If he doesn’t turn them over, he is in contempt of Parliament and its powers of production – and he has not been guaranteed immunity if he turns those documents over, not that the MPs who demand these documents care.

What is perhaps more worrying is the apparently cavalier way in which this is being dealt with, as there is very little security around this. The Canada-China committee, which wants these documents, has no security clearances, nor are their communications even secure – the “hybrid” sittings are done over Zoom, and while it’s a slightly more secure version than the commercial one, it’s still not actually secure. As well, I am not particularly moved by the fact that they say that any redactions will be done by the House of Commons’ law clerk, because I’m not sure that he has the necessary security clearance to view the documents unredacted, nor does he have the background and context to read those documents in and apply redactions properly. This is a pretty serious issue that these MPs are handwaving over, and frankly, the way that they have abused the Law Clerk and his office over the course of his parliament by demanding that he perform the redactions on millions of documents that could wind up leaking commercially sensitive information has been nothing short of shameful. It certainly hasn’t been filling me with any confidence that any of the information will be treated with proper seriousness considering that they aren’t promising actual safeguards – or immunity. It very much makes this look more like grandstanding over a proper exercise in accountability.

Meanwhile, here is a history of people who have been summoned to the bar in the Commons, the last time which was in 1913, where the person refused to testify, and spent four months in a local jail until the parliamentary session expired. It’s a power that has very much fallen into disuse, but interesting nevertheless.

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Roundup: The problem with pulling out of NSICOP

The demand for documents related to the firing of two scientists from the National Microbiology Lab reached a boiling point yesterday, as the House of Commons voted to summon the president of the Public Health Agency of Canada to the bar in the Commons to face censure – and turn over the document – while Erin O’Toole also declared that he was pulling the Conservative members from NSICOP, alleging that there is some kind of cover-up happening.

For weeks, O’Toole and Michael Chong in particular, have been trying to paint a story that these two scientists caused a national security breach at the Lab, and that there have been a string of resignations over it. There’s no actual evidence for any of this – all signs point to the firing as being over a breach of intellectual property protocols, which was coupled with the fact that there used to be a permissive culture in the Lab where scientists (especially those deemed “favourites,” and one of the two fired scientists was indeed a favourite), did whatever they wanted and staff were instructed to make it happen – but that management changes started to end that culture, and it’s currently a fairly toxic workplace. (Check out my interview with the reporter who’s been on this story for two years here). The government has insisted they can’t turn over documents because of privacy laws, and the vague notions about national security because the two were marched out by federal RCMP, without any elaboration, and this opacity just made it easier to build up conspiracy theories – especially when they could tie them into the Wuhan lab in China, were samples of other viruses were sent to.

O’Toole withdrawing from NSICOP, a mere day after new members were appointed to the committee, damages the national security oversight in this country overall. Yes, there are legitimate criticisms about how NSICOP is structured – especially when it bumps up against the realities of a hung parliament – but it could also have been used to build trust between national security agencies and MPs, so that when it came up for review in five years, they may have been able to move toward a more UK-like model where it became a parliamentary committee. (More history in this thread). Some national security experts, like Stephanie Carvin, have argued that it should have been where initial determinations about those documents could be made, especially because they could be read in context – you can’t just read national security documents cold and make sense of them. But there is an additional, cultural problem for opposition MPs in this country (of all stripes) is that they prefer to remain ignorant in order to grandstand, and that’s exactly what O’Toole did yesterday – grandstand at the expense of the trust with national security agencies, and the cause of oversight of national security by parliamentarians. Short-term partisan considerations once again take the fore. What a way to run a democracy.

https://twitter.com/StephanieCarvin/status/1405508435521806338

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Roundup: Lies about inflation and the central bank

For weeks, the Conservatives (and Pierre Poilievre in particular) have been making a bunch of bogus and nonsensical attacks against the government and what they term the “inflation tax,” which makes absolutely no sense, but is predicated on the wild notion that the Bank of Canada is allegedly printing money to finance the government’s “out of control” deficits, and that this is going to drive up inflation and turn us into Venezuela. It’s bullshit – the Bank of Canada is independent from government (and it should be shocking that the Conservatives are suggesting otherwise given the history of the independence of the central bank in this country), quantitative easing is not “printing money,” and given that a year ago, in the early days of the pandemic, we were facing deflation as a country, an expansionary monetary policy was the right move to make. We’re still in need of stimulus, because the recovery has been so uneven, but the Bank of Canada knows this, because it’s their job.

https://twitter.com/trevortombe/status/1405250437838610432

With this in mind, it was no surprise yesterday that when the inflation figures were reported, the fact that it clocked in at an annualized 3.6% had the Conservatives, and Erin O’Toole in particular, trying to make hay of this – and media outlets didn’t help with their headlines that this was the highest rate in a decade, without putting that in proper context. Now, part of that is the base effect of last year’s massive drop, which is going to take time to work itself out in the data; but it’s also in part based on factors from right now, the most important of which is housing prices, which have skyrocketed as demand has outstripped supply. None of this is a surprise, and none of this has anything to do with the size of the federal deficit or the Bank of Canada’s quantitative easing, and yet that is the narrative being painted. It didn’t help that O’Toole’s examples lacked any logical consistency, such as blaming increases in post-secondary education on the federal government, when that’s a provincial jurisdiction. Not that truth matters.

https://twitter.com/MikePMoffatt/status/1405152487821168642

Compounding this, however, is the completely irresponsible way in which this was being spun by shows like Power & Politics, where the framing was “the cost of everything is going up!” followed by asking panellists if the government should do something about it. And to their credit, most of those panellists said no, leave it for the Bank of Canada, but the fact that the host kept torqueing this notion about “prices are rising!” and trying to constantly get people to say something – anything – inflammatory about inflation, was not only irresponsible, but shows actual contempt for proper economics reporting by the gods damned CBC. They don’t care about actual information or reasonable discussion, they want the false balance of opposed partisans battling it out, and the “drama” that creates. It does such a disservice to everyone that it amazes me that they can get away with it.

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Roundup: C-10 keeps stumbling

If there is any bill in recent history that is an object lesson in fucking around and finding out, it’s bill C-10, on amending the Broadcasting Act. Indeed, after the government, with Bloc support, moved time allocation while the bill was in committee, the five hours allotted to finish clause-by-clause consideration was apparently not enough, as it seems yet more MPs on the committee wanted to waste time fighting about things this bill doesn’t actually do. And lo, amendments that were passed after the five hours were up were deemed null and void by the Speaker, so once again, MPs found out.

This doesn’t mean that those amendments are necessarily gone for good – they can certainly be moved at report stage, where the bill is currently, though that may require extending the time allocation that was imposed on the current stage in order to be able to move and vote on said motions – and that leaves yet more opportunity for dilatory actions such as slow-voting and another point-of-order-palooza around remote voting. Barring that, the government can move them in the Senate, though that will be very uncomfortable as it will probably mean having to recall the Commons in a couple of weeks to pass the amended bill, which will be a gong show all around. Or, with any luck, it will be stuck on the Order Paper over the summer, and possibly smothered if the election call that the pundit class is so hell-bent on getting happens. Nevertheless – there is plenty of blame to go around for this state of affairs, not the least of which belongs to the minister for his singular failure to offer coherent communications around this bill at every opportunity, and most especially at committee.

I would add, however, that I have no patience for this notion that the bill saw “no real debate,” as certain individuals are claiming. It got more debate than most budget implementation bills – more than any bill I can remember in recent memory. Granted, we have no guarantee of the quality of debate, and considering that this bill has been the subject of a campaign of conspiracy theories (Internet Czar, anyone?), straw men, red herrings, and outright lies, while substantive and existential problems with the bill have largely gone unremarked upon, I can see a critique that the months of debate were short on substance. That said, I’m not sure how even more debate would have helped, other than to prolong the agony.

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Roundup: Time allocation in perspective

There seems to be both a sense of amnesia and of performative wailing and garment rending as the government – with the cooperation of opposition parties – has moved time allocation on its budget implementation bill, and extended sitting hours for the final few days of the sitting. The sense of amnesia is that this kind of thing happens every June, every single year (and usually again in December), and that’s how things work. There is absolutely nothing unusual about this state of affairs, and its’ very strange that certain media outlets are making this out to be something unusual. It’s not – if anything, what’s unusual is that there are so few bills that they are trying to get over the finish line in the face of opposition that has spent an extraordinary amount of effort fighting these bills with lies, red herrings, concern trolling, and a complete lack of proportionality.

The fact that the government has imposed time allocation on its budget implementation bill is not unusual, and the fact that it’s ten hours – five at report stage and five more at third reading – is also a fairly generous amount of time, especially when considered in parliamentary terms. It’s essentially two more full days of debate for a regular Tuesday or Thursday sitting day. It’s also not really “debate,” and frankly Elizabeth May’s concerns here are a bit precious – it’s MPs reciting pre-written speeches into the record, with little interaction between them, and when it comes to report stage and third reading, there is specific purpose. The bill already had seven allotted days at second reading, which is bananas – second reading should take a single afternoon because it’s supposed to be where you discuss the overall principles of the bill, and then send it off to committee. It spent thirteen hours at committee of clause-by-clause consideration – which, again, is a fair amount considering that most committee sittings are two hours – where they heard from 65 witnesses in pre-study sessions. Five hours at report stage, to discuss whether or not to adopt the amendments agreed to at committee, is an awful lot of parliamentary time. Same again with third reading, where you are giving final consideration before final passage to the Senate, is more than generous – you are no longer debating the principle, or the details – those have all been agreed to.

This narrative that it’s a “gag” and “cutting debate” is overblown in the context of what is being offered here. This isn’t an abuse of time allocation, like we saw in previous parliaments – it’s a legitimate tool in the face of procedural obstruction, and given that this is a hung parliament, the fact that at least one opposition party is agreeing to the use of this tool makes the narrative a bit silly. But that seems to be the way these things get written up, because there is a general ignorance of procedure and what it all means.

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