Category Archives: Political Roundup

What’s going on in Canadian politics

Roundup: Ambrose’s bill becomes law

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Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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Roundup: PROC needs to grow up

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I find myself losing all patience with the state of Commons committees in the current parliament, and the shenanigans happening at the Procedure and House Affairs committee right now are really not helping matters – and to be clear, it’s all sides that are to blame here, with particular blame going to the prime minister himself for starting this particular farcical exercise of tabling a prorogation report and patting himself on the back for it, and then watching it all blow up in his face.

The notion of a “prorogation report” was always stupid. I get that the idea was supposed to be about trying to increase openness and transparency, and finding a way to demonstrate that tactical prorogations would be avoided, and so on, but it was dumb. The better alternative, as I pointed out in my book, was to restore prorogation ceremonies, where the government would have to have a public accounting of what they accomplished in the session and outlining how they felt that they accomplished the goals set out in the previous Throne Speech, before they set out for a new one. You get public accountability, and you get some pomp and ceremony from the Governor General or the deputy reading that speech (and it should be the GG – the practice of it being the Chief Justice is another one of those particular pieces of historical trivia that is infuriating in how it perverted norms that were carried on unthinkingly). But Trudeau didn’t go that route, despite having publicly mused about it, and here we are today.

The fact that the Liberals are filibustering at the committee is everyone’s fault. Yes, Trudeau should appear at committee to testify why he decided to prorogue – it’ll be a useless exercise in him delivering talking points, but it’s his decision and he should be questioned for it if this is the route that he chose to go. But trying to get Katie Telford violates the issue of not calling staffers because of ministerial responsibility, and summoning the Kielburgers and the people who run Speaker’s Spotlight to testify as well is beyond ridiculous, because they have absolutely nothing to say about the prime minister’s decision. Sure, the prime minister quite likely prorogued because of the constant WE Imbroglio circus going on – but those particular figures aren’t going to say anything useful to the committee about the prorogation report, which is what they are supposed to be debating. It’s all about trying to keep the WE Imbroglio in the spotlight for as long as possible, never mind that most Canadians have long since moved on from it, because the opposition parties think they can still use it to score points. Nobody is doing their jobs anymore, the notion of a prorogation report is a sham, and this whole exercise is just wasting parliamentary time, and exhausting the limited resources of hybrid sittings (especially the interpreters). Everyone needs to grow the hell up, and maybe, just maybe, Trudeau will have learned his lesson that this report was a dumb idea and he’ll do the right thing next time and restore the prorogation ceremony instead.

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Roundup: The good and the bad of Star Wars Day tweets

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It was Star Wars Day yesterday (May the Fourth be with you…), and as happens every year, various government departments put out Star Wars-themed tweets, and some of them are good, and some of them are…not so good. For example:

Some really missed the mark.

As you can imagine, I am a pedant over social media about naming Grogu.

Some of the better ones were these:

As for party leaders, Erin O’Toole’s was…bad. Not quite as bad as last year’s shoddily-animated Grogu video (for which the person who was in charge of it needs to have their ass removed), but still bad, especially because it’s not done in good fun, but is trying to spin the notion that the government is trying to turn the CRTC into a personal Twitter censorship bureau. (There are issues with Bill C-10 – this is not one of them).

Jagmeet Singh’s was painfully earnest.

Justin Trudeau, being a true fan, hit a pitch-perfect note.

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Roundup: The meltdown over NACI

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There was a collective meltdown yesterday as the National Advisory Committee on Immunization delivered its most recent recommendations, saying that they recommended that the Johnson & Johnson vaccine be deployed for those over 30 (even though the current supply in the country is currently on hold pending a review of its quality control), and then cited that mRNA vaccines remained their preferred candidates – and everyone lost their minds.

This is not really unexpected if you have been paying attention, where the chair of the committee in particular has said that because of the “safety signal” attached to AstraZeneca related to the particular blood clots (which are very serious – there is a reasonably high fatality rate related to them) that it would be preferable to get mRNA vaccines, but if someone could not wait for them, then they should get the first available vaccine, even if it’s AstraZeneca. In their minds, it’s about being transparent around the risk factors associated, and they’re right. It’s just that this makes it harder for governments and public health officials to carry on with message that the best vaccine is the first one you are offered. Both are correct, and NACI has a lot of nuance in their guidance that is difficult for people to parse effectively, which is a problem, but it’s a question of whether the problem is NACI’s in how they communicate their guidance, or a problem in particular with media who are supposed to be able to take complex issues and translate them to the public, and yet are not very good at it (often walking away from these releases citing that they are “more confused than before,” which they shouldn’t be if they paid attention). It especially isn’t helped when certain journalists, talking heads, and especially certain MPs conflate the very different roles that NACI and Health Canada have, and try to assert that they should always be “on the same page” when they have different roles. Health Canada determines the safety of the vaccines, NACI offers guidance on the best way to deploy them, factoring in the current local epidemiology and vaccine supplies – guidance which provinces can accept or reject. It’s also why that guidance is always changing – they are reacting to current circumstances rather than just offering a simple recommendation once and being done with it, which most people are not grasping. And they have operated pretty much invisibly for decades, because there hasn’t been the kind of public attention on new vaccines up until now, which is why I really dislike the calls by people to “disband NACI” after yesterday’s press conference.

I get that people want clear binaries, and simple instructions, but that’s not NACI’s job, really, and expecting them to change their way of communicating after decades is a difficult ask. There is a lot of nuance to this conversation, and I will point you to a couple of threads – from professor Philippe Lagassé here and here about this kind of advice and how it’s communicated to the public; as well, here is hematologist Menaka Pai, who talks through NACI’s advice and what it means.

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Roundup: Committee rudeness undermines their work

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There is a piece on the Canadian Press’ newswire right now about how victims of sexual assault who went before House of Commons committees to testify, whether it’s on the PornHub issue or the Canadian Forces’ problems with sexual misconduct, have been ill-treated by MPs, usually by rudeness, or not allowing them time to deal with the trauma related to this kind of testimony. And they’re absolutely right – and Commons committees are some of the worst offenders for this kind of behaviour.

Why? Part of this is because MPs lack some basic self-awareness. There are tight rules around timelines in committee hearings, as to how long an MP has to ask questions and get answers, and they get so wrapped up in the issue of their time that they get tunnel vision, and witnesses essentially get railroaded by it. The bigger and more prevalent part, however, is that MPs are more concerned about scoring points at these hearings that they are simply being partisan dicks about everything. Ask anyone who has testified before both Commons and Senate committees, and they will tell you that Senate committees are far more preferable, as they are more interested in the subject matter and the actual expertise or experiences of the witnesses than they are in using those witnesses to score points on their behalf. And much of the time, they’re barely paying attention, because they don’t have to actually write the report at the end – the analysts provided by the Library of Parliament do, and MPs simply approve it or write dissenting recommendations. It’s a problem and it really, really devalues the role that Commons committees should be playing in our basic democratic processes in this country.

And I can speak to some of this from personal experience. I was once invited to testify before the Procedure and House Affairs committee as they were contemplating hybrid and remote voting rules, and it quickly became apparent that I had been asked not for my expertise or my insights as someone who had been watching Parliament longer than any member of that committee had been an MP – I was there to be treated as a reactionary whom they could hold up their proposals to and show that they were being reasonable and my opinions weren’t. It was kind of a gross experience, and I was rudely treated by a couple of Liberal MPs (one of whom has since become a minister), because they were interested in scoring points. I also didn’t have the added weight of having to re-traumatise myself to provide this testimony to be treated in such a way, like some of the women in the piece were. It’s pretty gross, and it’s a poor reflection of how Parliament operates, particularly in the current climate and context. MPs really need to shape up and do better, if they want to retain any credibility at all.

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Roundup: Playing chicken with the variants

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It’s been such a long and dispiriting week, as many of us in this country live under the rule of murderclown premiers who simply refuse to do their jobs when it comes to this pandemic, and keep trying to blame the federal government for their failures, or to at least distract from their inaction. We’re going through that especially in Ontario right now, where Ford and his ministers keep up this song and dance about the borders, without once recognising their own culpability in the spread of variants.

Dwivedi is absolutely right about the role of the media in this, constantly framing this as “squabbling” or “finger-pointing,” and not “there is clear jurisdictional authority for the province and they refuse to exercise it,” which means that these premiers (and Doug Ford most especially) get to escape being held to account. This is why I object so strenuously whenever I hear another journalist or TV host say “nobody cares about jurisdiction in a pandemic.” Sorry, but that’s not how real life works. There’s a division of powers in the constitution that doesn’t care about your feelings.

Meanwhile, Andrew Leach has a few observations about the situation in Alberta that are just as trenchant as the ones in Ontario.

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Roundup: Offering disinformation in a clownish motion

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Yesterday was a Supply Day for the Conservatives, and they decided to push a motion about access to vaccines – but because they are committed to a certain number of narratives that don’t belong in the real world, it was about as cartoonish as one might expect.

Part of the premise of why this so ridiculous is because the notion that sufficient vaccine supply could have been delivered in January and February – let alone right now – belies a belief that we live in some kind of post-scarcity society like in Star Trek: The Next Generation, where replicator technology basically eliminates these kinds of problems, such as supply chain issues, or the time it takes to scale up manufacturing, or the time to actually make the vaccine itself. It also seems predicated on the belief that Canada is apparently the only country in the world suffering from the pandemic, and that we should have some kind of claim to all of the vaccine first (even though we were far less badly hit than many, many other countries). There is a blatant falsehood in the motion where it claims that it was the federal government that recommended that the interval between first and second doses be extended to four months – that was not a federal decision. It was a recommendation by the arm’s length National Advisory Committee on Immunization, and they weigh their recommendations based on the current epidemiology, and it was in there considered opinion that there was a greater good in getting as many people their first dose as quickly as possible given supply constraints, and that the four months is likely to shrink as more doses arrive. More to the point, provinces decide whether or not they will accept NACI’s guidance or not, and not the federal government. The inclusion of this in the motion is pure disinformation designed to stoke anger. Finally, it ignores that the reason there are increasing “lockdowns” (and in most parts of the country, they’re not real lockdowns) are because premiers failed and didn’t properly control spread – most especially in those provinces where they re-opened too early, in spite of warnings that the new variants would cause spread faster, and yet they went ahead and did it anyway. This, again, is not on the federal government and it was always a fallacy that we could have vaccinated our way out of the second or third wave without lockdown measures.

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Of course, this is happening in the shadow of an oncoming surge of new vaccine deliveries, which has Ontario and Quebec are promising that everyone should be eligible to get a first dose before the end of May, which is not far from what O’Toole and company were demanding in their clownish motion. So, was this is a play to try and claim victory when the vaccination numbers start to climb? Or is this just a play to the base where facts don’t matter when there are emotions? Either way, it’s not the best look for the party that considers itself the government-in-waiting.

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Roundup: The flailing incompetence of Ontario’s new sick days

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If there was any doubt that the murderclowns in Doug Ford’s government were flailing incoherently, they announced a new paid sick leave programme yesterday, and wouldn’t you know it, it defies all common sense or logic. The idea is that employees get up to three days of paid sick leave – temporarily, because heaven forbid they stand up to the small business lobby and make this permanent – and employers can claim up to $200 per day for those employees, but they have to do it through the Workers Compensation bureaucracy, for some unknown reason. And we still have no idea what kinds of protections are actually in place for the workers if they use those days, because that’s a very big part of this. Furthermore, this was the province doing the bare minimum – they chose three days apparently because a) it’s what is currently in the Canada Labour Code for federally-regulated workers, and b) after three days, a person could claim the federal sickness benefit (because it pays out for the week), so they’re still trying to fob people off on to a system that was designed for those who can’t access employer-paid sick leave because they don’t have a traditional employer. And possibly the most galling part was how much the provincial labour minister was patting himself on the back for these woefully inadequate half-measures (which people were having to say was a “great first start” through gritted teeth all evening).

It shouldn’t have been like this. The easy fix was to simply allow sufficient days (probably up to ten given the current circumstances) under the provincial labour code, and employers could then access rebates either through the federal wage subsidy, as it’s been designed for, or a provincial stop-gap if they’re not currently on said subsidy, and it would have been easier, it would have protected jobs and workers’ rights, it would have been seamless, and we wouldn’t have the same problems that we’re having right now with those trying to access the federal benefit (which was not designed for these circumstances). But that would have angered the business lobbies, and Doug Ford would never want to do that, because they’re whom he considers the “little guy” that he looks out for. So here we are instead, with another badly designed system that seeks to do the bare minimum, and because this was done in haste, and with this government’s usual flailing incompetence, I suspect we won’t be out of problems with it anytime soon – just like everything else that has gone to wrong in this province, because it’s being run by incompetent murderclowns.

In case you were wondering what all of this flailing was trying to cover, it would be the Auditor General’s report on long-term care, which was a not unexpected recounting that there was a woeful lack of preparation, where long-standing problems quickly got amplified, while the ministry of long-term care was not prepared or equipped to deal with those issues. Again, not a surprise, but damning nevertheless. And what did the minister responsible for long-term care do? Blame everyone else including the NDP – who haven’t been in power since 1995 – for “starting the fire,” and she insisted that she was the one who ran into the burning building to save people, which…is a novel interpretation, especially considering that her government reduced the number of inspections and made things worse. Of course, we are in a system of Responsible Government, and she is the minister in charge of the portfolio, and guess what – she is responsible. If she had any modicum of shame or decency, she would tender her resignation for allowing the deaths of thousands on her hands, but this band of murderclowns are absolutely incapable of decency or shame.

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Roundup: Ford’s sick days deception

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The issue of paid sick days went completely sideways in Ontario after the murderclown government, thinking they were clever, tried to propose that the federal government simply double the payout of the federal sickness benefit programme, promising that they would cover the difference, and leave it at that. Not surprisingly, the federal government said no, because the federal sickness benefit is not paid sick leave, and everybody knows it. Doug Ford knows that, because he repealed the paid sick days that were legislated in the province, at the behest of business owners (because when Ford says he’s looking out for “the little guy,” he means the business owner). Reinstating them is a simple fix in the province’s labour code, unlike “fixing” the federal benefit, which is an impossibility because a) it’s not their jurisdiction, and b) they are limited by their back-end IT infrastructure, which in no way could allow them to have seamless paid sick days the way amending the provincial labour codes would allow. (The federal government could do more when it comes to the sick leave provisions in federally-regulated workplaces, but they are not starting from zero like provinces are).

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While on Power & Politics, Ontario’s labour minister, Monty McNaughton, did let slip that they didn’t want to implement actual paid sick days because it would be a burden on businesses, which were already suffering from the pandemic – as though having an outbreak in their facility won’t hurt them even more, or having their employees die of COVID. That, and they have options available to them, such as using the wage subsidy to pay for their employees’ sick leave – that’s one of the reasons it’s there. The whole gods damned point of the federal sickness benefit is for those who don’t have employers, like the self-employed, who could need some kind of income support if they can’t work because of COVID. It was never supposed to replace actual paid sick leave, but premiers decided that they could try to get around their own obligations with it.

Meanwhile, BC premier John Horgan is putting on a song and dance of reluctantly implementing paid sick leave in BC – fourteen months later – and making a theatrical production of trying to claim they wanted to make this a national programme. This, dear readers, is horseshit. Labour codes are provincial jurisdiction in 94 percent of workplaces, and if the federal government had tried to come up with a national paid sick leave programme pre-pandemic, every single premier would have cried jurisdiction and refused on principle. For Horgan and other premiers to now try and claim they want a federal programme is a lie, and an attempt at giving themselves cover. They are trying to avoid the wrath of the business lobbies, and the small business lobby in particular, and trying to use a federal programme designed primarily for the self-employed as their fig leaf.

Even more to the point, I cannot abide how pretty much every single media outlet has framed this issue, painting it as either federal-provincial “finger-pointing,” or even worse, claiming that Ford’s proposal as being some kind of “compromise.” It is not a compromise – it’s more deception that these media outlets are spooning up. And they keep offering Doug Ford political cover. I cannot stress this enough. By trying to be “neutral” and both-sidesing the issue, they are providing Ford with more ability to try and pin this on the federal government when it’s his issue, in his jurisdiction, and he needs to own it.

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Roundup: Ontario requests military assistance

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We have reached the point in Ontario where things are so bad with the pandemic that the province has requested military assistance, and arrangements have been made for three medical assistance teams to be dispatched by today, along with other Red Cross personnel. As well, nine healthcare professionals from Newfoundland and Labrador, including the premier’s wife, are also being flown to Ontario by means of military transport.

But what is Doug Ford and his murderclown regime doing to help the situation? Absolutely nothing! They voted against another attempt at getting paid sick leave implemented, and they are keeping their focus solely on the border, rather than their need to enforce quarantine measures locally. (Oh, and it’s not just Ford balking at paid sick leave – every premier is doing it, even those in the Maritimes who have had relative success in containing the virus so far).

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Meanwhile, there is a bit of good news in that a Federal Court judge refused to grant an injunction to end the hotel quarantine programme, saying it will go to a full hearing in June, and saying that the infringements on freedoms are reasonable in the public health context. Granted, we have enough people who can’t seem to pick a lane between demanding stricter border measures while also demanding an end to hotel quarantines, but since when has consistency been the strong point of political parties or MPs?

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