Roundup: Breakaway caucuses are more headaches for O’Toole

Things in the Conservative caucus seem to be getting increasingly precarious, as a “small number” of MPs continue to remain unvaccinated, and others refuse to disclose even if they are vaccinated, which is going to be a problem for Erin O’Toole in two weeks when they need to show proof of vaccination to enter the parliamentary precinct, their offices, or reach the House of Commons.

As if this weren’t enough, you have more unofficial “breakaway” caucus groups forming – one of them calling themselves the “civil liberties caucus,” apparently headed by Marilyn Gladu, who are concerned with the loss of “medical privacy” over vaccine status; the other is allegedly rallying around fiscal and deficit issues (and I would be tremendously surprised if this isn’t a faction led by Pierre Poilievre). And for context, particular “caucus” groups are fairly normal, but they tend to be around things like friendship groups with other countries, or other soft parliamentary diplomacy. This is not it, and while Gladu insists that this isn’t about O’Toole’s leadership, but it’s hard not to see it that way – especially as he should have been clamping down on the anti-vax contingent in his caucus and party more broadly because there is still a pandemic going on, and pandering to a group that is heavily influenced by conspiracy theories is frankly insane.

Nevertheless, this is where we find ourselves. O’Toole continues to try and play both sides of the fence, saying he’s encouraging vaccination but won’t enforce it when people refuse for no good reason at all. The fact that the party has made itself beholden to its social conservative and more fringe base because they’re the ones who both fundraise and volunteer is a problem for the party over the long term, as the need to keep appeasing this base isn’t going away. That makes it harder for the rational, moderate Conservatives from having influence (witness the savaging they gave to Michael Chong in 2017, and Peter MacKay last year, even though MacKay wasn’t even a real Red Tory). So long as O’Toole refuses to put his foot down in the face of a global pandemic, he’s enabling more of the decline and that bodes very poorly for the future of the party, and Canadian political discourse.

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Roundup: Time to change the dress code?

NDP MP Randall Garrison is pushing for the House of Commons to update is dress code, in particular around the gendered rules that men need to wear a jacket and tie in the Chamber in order to speak and vote. Part of Garrison’s stated motivation is to make it easier for future trans and non-binary MPs, even though accommodations are already routinely made, such as allowing Indigenous MPs to wear beaded necklaces or other symbols in place of a tie. I don’t see why it would be any different to accommodate a trans or non-binary MP in a similar manner without any fuss – a mere notice to the Speaker would suffice.

On the one hand, there is a certain amount of archaic assumption in the “contemporary business attire” around jackets and ties for men, and only men – there is no dress code for women in the Chamber (and these rules apply to those of us who sit in the Press Gallery in the Chamber, incidentally). Business attire in the current context is starting to slide down the scale – particularly in this era of work-from-home – so I’m leery of loosening the restrictions too much, particularly as it is not beyond the realm of possibility that you would have a bunch of MPs in track suits, yoga or sweat pants, hoodies, and mom jeans (and I have seen male MPs in mom jeans with jacket and tie in the Chamber, which was not a pleasant sight). Printed t-shirts are also a very real concern, because we will immediately slip into them being used as props, particularly during Members’ Statements, and we do not want that to happen. On the same token, I wouldn’t have minded imposing a few more rules for women in the Chamber, such as mandating jackets as part of “business attire,” because sometimes the definitions of what constitutes “business attire” for some female MPs has been particularly…challenging. (Flashback to the old Megan Leslie Outfit Watch on my former blog).

I get that ties suck. I really do. I used to really hate them, but I’ve somewhat reluctantly grown to accept them and now I have no issue with it. And once we’re into late May and early June and the humidity starts to climb, wearing suits is not fun (and whereas I have threatened to show up to the Gallery in shorts and sandals – but with jacket and tie – one reporter has actually done so and was my hero for the day). But at the same time, I think there should be some kinds of standards, for both men and women, because frankly there can be a demonstrated lack of both maturity and good taste among MPs and there need to be some guidelines. Can they be loosened a little? Sure, that should be okay, and maybe we won’t require a tie at all times – within reason. It does merit a discussion in any case.

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Roundup: Glover says she’s the premier

It was quite a day in Manitoba yesterday as Heather Stefanson was sworn-in as the province’s first female premier, but the leadership drama isn’t over. Her challenger, former federal Cabinet minister Shelly Glover has not conceded defeat, and plans to challenge the leadership election in court, citing irregularities and reports that Stefanson’s scrutineers looked defeated at one point of the counting and then something allegedly mysterious happened to a ballot box…or something. I’m having a hard time keeping track of it. Regardless, Glover insists that she’s really the premier, not Stefanson.

One could be very pedantic here and note that Stefanson has been sworn in, so she’s premier regardless. Her immediate predecessor, Kelvin Goertzen, was not chosen in a leadership election by caucus as interim leader, and he was fully and legitimately premier, even if it was only for a few weeks (and yes, he’s going to get a portrait in the legislature to reflect that status). So no, Glover is not premier, and even if by some miracle she were declared party leader (which won’t happen – the courts won’t get involved in the inner workings of a political party), Stefanson is still premier and will be until she resigns or is dismissed.

https://twitter.com/StephanieCarvin/status/1455671852647559168

But on a broader point, Glover has always been a very problematic politician, stridently repeating talking points in the face of logic and evidence, and getting combative when challenged on her bullshit, particularly as she seemed to lack the critical reasoning skills to think through her positions. And this attempted court challenge is her combativeness and willingness to believe illogical or contrary things playing out in the very way she demonstrated during her nine years in federal politics (two of which were as a minister). And Glover had her own run-ins with Elections Canada, and at one point Elections Canada asked the Speaker to suspend her because of financial irregularities during an election (which were later resolved with revised filings that Elections Canada accepted, Glover terming them an “honest mistake.”) One has to question her fitness to lead given her history and temperament, but I’m not a member of the party.

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Roundup: Mark Holland is optimistic

New Government House Leader Mark Holland is brimming with optimism that the things that paralyzed the previous session of Parliament will be behind them post-election. It’s a nice idea, but I wonder just how it will actually play out. Yes, the Liberals have broken some of the deadlocks that plagued them (a fact that they didn’t articulate during the election, even when pressed on the subject), and they have a bit of leverage now in that none of the other parties can even contemplate another election anytime soon – the Conservatives are consumed with internal disputes over vaccine mandates and just when they plan to put Erin O’Toole to a leadership review, and the NDP are very broke having spent record amounts of money to gain themselves a single new seat, and the Bloc have no desire to go back to the polls, particularly since their play to be François Legault’s voice in Ottawa didn’t play well for them in the election. This will allow the Liberals to play some hardball and use confidence to their advantage for the time being.

But in spite of this, I would not put it past any of the opposition parties to engage in some of the other shenanigans that got us the election, whether that is tying up the committees in interminable attempts at witch hunts, or drowning in document production requests – and that may yet still happen. The election did end some of that, but much of it could very easily be revived once the committees are back up and running (likely in the New Year).

“There was a very clear message sent to all parties that there’s an expectation that we work together, and I’m operating on the presumption that we will have all heard that message and that we all come ready to work and to collaborate in a constructive and positive way,” Holland told The Canadian Press.

I’m not sure that such a presumption is a good one to make. There was an expectation that all parties should work together during the pandemic, and while they did a bunch of backroom negotiations around emergency legislation – and kept any of the debates off-the-record – they stalled all other bills until the very end, when the NDP and Bloc realized they needed to start playing ball again. I’m not sure what the appetite for playing ball will be on most bills, or whether the political calculus will be to try and stymie the Liberals once again (which could lead to showdowns over confidence). I wish Holland all the luck in the world on this, but I suspect he may start losing the hair he has left because the current state of our parliamentary discourse is pretty toxic, and things like the Liberals’ desire to keep hybrid sittings going will only exacerbate that problem.

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Roundup: Enter the new Whip

Newly-appointed Chief Government Whip Steve MacKinnon had a conversation with CBC over the weekend, and there are a few interesting bits in there. For one, I didn’t actually realise that the term came from 18th-century hunting slang for “whipper-in, as the rider who keeps hounds from straying from the pack. So it’s not about any kind of literal or metaphorical whipping of MPs to vote a certain way, and now we’ve both learned something new today.

What I did know before is that there is more to the whip’s job than just ensuring MPs vote in certain ways, particularly if there’s a confidence vote upcoming. Rather, the whip and his or her office has a lot of work in juggling assignments – who is on what committee, who can stand in for that MP if they are away, and to an extent, who has House duty. And because the whip is largely the person in charge of MPs’ attendance (even if said attendance is not made public), I have it on very good authority that the Whip spends a lot of time listening to MPs as they unburden themselves, and talk about what is going on in their lives as to why they can’t attend a committee meeting or vote. The whip also becomes responsible for the staff in a riding office if that MP resigns or dies in office. And then comes the discipline part, which is different between each party. Some parties are very strict about it, some have unofficial ways of enforcing discipline – largely through in-group bullying – and some are fairly relaxed over the issue provided it’s not a matter of confidence.

The other thing I would add is that at the advent of the era of “Senate independence,” as Justin Trudeau and others would have you believe, the whip in the Senate was equivalent to in the House of Commons, and they instructed senators how to vote – or else. This was simply not true – the whip in the Senate was always rather illusory, and the Whip’s office was more about doing things like committee assignments, finding alternates for those who were absent, and assigning things like office space or parking to incoming senators who joined the caucus. They had little to no leverage of senators and their voting patterns because of institutional independence, and I heard a former Liberal senate leader once remark that on one occasion when the leader’s office on the Commons side called them up and said they’d really like it if senators could vote for a certain bill, that these senators turned around and voted the other way, just to prove a point around their independence. So there is a lot more to the role than people may expect from the outside, and best of luck to Steve MacKinnon as he takes on this new role.

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Roundup: A notice of appeal before a pause

It’s not wholly unexpected that the federal government filed the notice of appeal on the Federal Court decision around the Canadian Human Rights Tribunal order around First Nations children. No sooner did all of the television news rush to get Cindy Blackstock on camera when another notice went out by the government – that they had reached an agreement to pause said litigation while they sit down with stakeholders in this court case, as well as with two other related class-action lawsuits, and hammer out a deal by December 1st.

There are a few thought around this. The first is that this should have been expected because the real crux of the issue if the Tribunal’s order rather than the compensation itself. The government has committed to spending the money – and there are billions of dollars at stake – but any tribunal that exceeds its statutory authority is something that any government, no matter the stripe, will want to challenge because they don’t want to set a precedent where the Tribunal continues to exceed its authority, and in this case, turns itself into some kind of roving commission of inquiry. (I wrote all about this issue previously here). The notice of appeal spells this out pretty clearly, and while one judge at the Federal Court may have disagreed, he’s certainly not the court of last instance (and frankly, I would rather hear from some of the judges on the Federal Court of Appeal when it comes to matters of administrative law – as with this Tribunal – than I would this particular judge). And while a number of self-righteous reporters demanded to know why the government couldn’t just pay the amount and sort out the issues later, I’m pretty sure that litigation doesn’t work that way.

My other thought is that it looks a lot like the notice of appeal was more out of a need for the government to keep their options open as the negotiations continue, particularly given that it was filed as late as it was, followed immediately by the press conference to explain what was taking place. Frankly I don’t buy the “they filed it at 4:30 on a Friday to bury it” because it wasn’t exactly buried when it dominated the politics shows and is the top story on every news site in the country. That’s not burying something, especially when they have a captive audience. This being said, I’m still don’t think that this government has communicated the issues very effectively (particularly the issue around the Tribunal exceeding its authority), and that’s compounded by the fact that the media writ-large has shown itself to be fairly incapable of writing a legal story with any nuance or complexity, and rely on both-sidesing it with a clear bias toward taking Blackstock’s word as the authority, and by conflating a number of different issues and completely blurring the timeline of the different orders from the Tribunal. This isn’t a black-and-white issue of taking kids to court – but you wouldn’t know it if you only paid attention to what gets reported.

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Roundup: Clear and concise, to counteract Poilievre

Earlier this week, to accompany the release of their Monetary Policy Report, the Bank of Canada released a sixty-second clip over social media to explain their assessment of the state of the Canadian economy in plain language. And it was great.

This kind of communication is essential, especially now, for the Bank because of the level of noise and misinformation that is being promulgated, particularly by certain members of Parliament who have made it their mission to politicise the work of the Bank, as they spout facile talking points about the current state of inflation that have zero bearing on the actual causes. And if it’s not Pierre Poilievre, my reply column is full of chuckleheads who think they know better, and inflation truthers (which are the gods damned worst). So yes, this kind of clear, simple-to-digest communication is especially needed by the Bank, much like the Cases in Brief have become an essential form of communication from the Supreme Court of Canada. This is a great initiative from the Bank, and hopefully we’ll see more like it in the future.

On a related note, former Bank of Canada governor David Dodge says that the current governor is on the right track with the economic recovery and where inflation is going, so if you needed an additional vote of confidence that they know what they’re doing, there you have it.

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Roundup: O’Toole continues to sit on the vaccine fence with caucus

Erin O’Toole continues to try and have his cake and eat it too when it comes to ensuring his MPs and senators are fully vaccinated in order to attend Parliamentary sittings. But in his desire to sit on the fence and play both sides, he may have inadvertently shown his hand. After the party’s big caucus meeting in Ottawa yesterday, O’Toole announced that caucus “agreed to respect and abide new rules which require Parliamentarians attending in the House of Commons and Senate to be vaccinated.” But he still planned to raise the point of privilege about the Board of Internal Economy decision, because of course.

But.

It seems that he tripped himself up in French, and spelled out that the plan was for those who “participate in person,” which is a pretty big loophole for the holdouts in the caucus. And yet, O’Toole and his caucus continue to oppose hybrid sittings (as well they should), so anyone who doesn’t show up shouldn’t be allowed to participate virtually either – unless this is yet another case of having his cake and eating it too. “They can’t show up, but they have the option of hybrid, so I guess we’ll allow them to participate that way!” with a show of feigned helplessness to the situation. And we still don’t know how many MPs or senators this affects (though the Senate has not yet issued its own vaccine mandate yet), so it could be three or four, or it could be twelve or fifteen, especially as there appear to be vaccinated MPs who refuse to disclose the fact because they don’t want to appear to their anti-vax constituents like they sold out. So this is where O’Toole finds himself. It’s still a losing battle because any privilege complaint will be voted down by everyone else in the Chamber, even if they try to drag it out until the New Year. And all the while, O’Toole continues to look like he’s pandering to the party’s worst elements rather than standing up to them and demonstrating actual leadership.

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Roundup: A refreshed Cabinet for a new parliament

So, that was the big Cabinet shuffle. It was extensive, and we saw three ministers dropped entirely (not the first time), a few promotions, a few demotions, and a lot more hybrid and chimeric ministries which will make governance a challenge to say the least. Nevertheless, here we are. Some observations:

  • This was not a new Cabinet or ministry – this was just a shuffle. It’s also not a third term or mandate, because we don’t have those in Canada – it’s the third parliament that the current ministry has spanned.
  • Marc Garneau’s exclusion from Cabinet has fuelled rumours he’s about to become ambassador to France. My presumption is that Bardish Chagger’s exclusion is because she is going to be the new Whip, as the old Whip and his deputy are now in Cabinet. Jim Carr’s departure may be health-related.
  • After Trudeau had rather bravely centralized all of the economic development agencies under one roof and didn’t have them beholden to local ministers and the corrupting influence that offers, he has relented and re-established the practice of regional economic development ministers again, and undone the work of trying to clean up the mess they create.
  • The most important portfolios – finance, defence, foreign affairs – are now all held by women. Anita Anand is the second woman defence minister in Canadian history (the first being Kim Campbell), and her background as a law professor specializing in governance can only help in a role where there has been a crisis in civilian oversight. As foreign affairs minister, Mélanie Joly will have to deal with the tensions between the US and China (and our general lack of a coherent foreign policy).
  • Splitting up Public Safety and Emergency Preparedness was a good and necessary thing; giving Bill Blair emergency preparedness and not public safety is an even better thing because Blair was essentially at risk of capture in the role as a former police chief (with a questionable record around actions of the Toronto Police during the G20 to boot).
  • There are nine new faces in this configuration of Cabinet, and more diversity – the first Black woman since Jean Augustine, the first out lesbian minister, and the queerest Cabinet in Canadian history.
  • Putting Steven Guilbeault in environment may yet be a huge disaster given how badly he mismanaged Bill C-10, but Jonathan Wilkinson in natural resources will likely mean a steadier hand on some of those files where the two overlap.
  • Carving off an associate health minister portfolio for Carolyn Bennett to deal with addictions and mental health is a bit of a throwback to when she was the first minister of state for the newly-created Public Health Agency of Canada, back in the Paul Martin era. Jean-Yves Duclos in health – an economist who did a lot of work on poverty reduction – means he’s not going to be fooled by provinces trying to get more money out of the federal government that they plan to spend elsewhere.
  • Trudeau says he plans to lead the Liberals in the next election, but I’m not sure I believe him, and of course he’d say that now. He wouldn’t actually say he plans to leave until it comes time to do so, lest he turn himself into a lame duck without any moral authority to get anything done.

And now, the talking heads. Aaron Wherry hears from a Senior Liberal Source™ that the message of this Cabinet is the need for urgent delivery of promises. Heather Scoffield makes note of the activists leading the environment and housing files. Jason Markusoff highlights the squirming that Jason Kenney and others are doing now that Steven Guilbeault is the environment minister. Althia Raj sees some attempted legacy-building in Trudeau’s choices.

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Roundup: Taking his sweet-ass time to meet caucus

The Liberals are starting to get restless – members of caucus are feeling put out that they haven’t actually had a formal caucus meeting yet post-election, and many of them are champing at the bit to have a closed-door drag out session about what went wrong in the election, and why their own leadership seemed unprepared for it when they called the blood thing in the first place. And telling the Hill Times that they want to know why the party leadership is taking their “sweet-ass time” to call this meeting was the icing on this particular cake.

I’m having a hard time fathoming why it’s taking Trudeau and company so long to get their collective acts together post-election. They made a whole song and dance about how urgently they needed to act while on the campaign trail, only for them to turn around and take said sweet-ass time in both finalising the Cabinet shuffle (and no, the recounts do not account for how long the delay is) as well as their decision to further delay summoning Parliament – and even his planned international travel does not excuse this. They could have had Cabinet sworn in before the Governor General went on her state visit to Germany, and could have summoned Parliament this week, in advance of Trudeau’s planned travel. That would have given them actual time to get committees up and running, and legislation in the system – particularly around the changes to the pandemic benefits – as soon as possible, as opposed to the current trajectory of a three-week sitting that will accomplish very little before they head back to their ridings for the Christmas break.

Additionally, not having a proper caucus meeting by now has reached the point of disrespecting their own MPs. They have things they want to say after the campaign trail, and they should be able to say it – that’s how this system works. It’s a very bad signal that they are being kept away from the leadership like this, because even aside from it betraying all of Trudeau’s talking points about being open and accountable within his own party, that kind of thing will start to fester if it’s not taken seriously. I’m not sure that’s a situation Trudeau wants to go out on in his final tour-de-force as leader.

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