Roundup: Trudeau cleared, Morneau not

The Conflict of Interest and Ethics Commissioner released his reports on Justin Trudeau and Bill Morneau’s involvement in the WE Imbroglio yesterday, and came to two different results – the prime minister was cleared, but Morneau was found to have breached three sections of the Act, because he was not only personal friends with the Kielburgers (which Trudeau was not), but Morneau gave them a lot of access to his department as a result of that friendship, and offered them very preferential treatment.

On the one hand, this defused a few of the prepared talking points, but it didn’t disarm all of them. The Conservatives insist that even if he wasn’t found to have broken the rules, the system is still “broken” and needs to be made even tougher, which they are going to regret when every interaction becomes a minefield and their own members start getting caught up in impossible situations should they form government, and it misses the mark of what the current problems are. The NDP, predictably, say that this proves the Liberals only care about their “rich friends,” which I’m not sure the Kielburgers really qualify as for obvious reasons.

Of course, as I have written before, the problem is not that the rules are too lax, but rather that the Liberals in their current incarnation have a culture that believes that so long as they mean well, that the ends will justify the means. No amount of tinkering or toughening up the rules can change that because it’s a cultural problem. It also doesn’t help that the definition of “corruption” has become so broad in the Canadian discourse that penny ante bullshit is treated as a capital crime, though very curiously, grift that is out in the open in places like Queen’s Park or the Alberta Legislature are not treated with the same kinds of howling denunciations that the WE Imbroglio has been. I also have to wonder what these same howlers would do if they saw the actual corruption that takes place in other countries, because it’s on a whole other level than anything that has happened here. And on a final note, this report does not mean that WE Charity was “destroyed” for nothing. The charity hasn’t been “destroyed,” and its dubious activities were brought to light by good reporting, not Charlie Angus’ antics at committee, and that’s a good thing. This incident helped to shine that spotlight. Let’s not confuse Trudeau’s exoneration with anything else that has happened to WE in the interim.

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Roundup: Refusing to enforce quarantine orders

There were a couple of notes around the border and quarantines yesterday that I thought bear some additional note, particularly in light of the rhetoric we’re hearing. The first is that it looks like as many of a third of air travellers are able to avoid hotel quarantine and the Public Health Agency of Canada won’t provide a breakdown of figures as to why. There is a fairly obvious answer to this, which is that as part of the hotel quarantine programme, the government also allowed for a metre-long list of exemptions that are applicable to these travellers, because remember that there is ostensibly very little non-essential travel happening right now – I heard a figure that travel volumes are about five percent of what they were pre-COVID. Given how many of these hotel quarantine exemptions have to do with certain essential travel reasons, it should not be a surprise that as many as a third of these travellers are able to bypass that system. The fact that there are as many exemptions as there are should be up for debate, however, because it does undermine the whole point of quarantine, but it’s hard to have that discussion when every time you turn around, someone else is demanding another exemption – and it really doesn’t help when the party in the Commons howling that the border is too lax is at the very same time trying to get an exemption for returning snowbirds.

And then there is the question of enforcing the Quarantine Act, and we find that Alberta hasn’t signed onto the Contraventions Act, which makes it easy for their police to do the enforcement, and to issue fines for those who break it. (Saskatchewan also hasn’t signed onto the Act, but there are no airports currently open to international travel in that province). And this is completely baffling, because you would think that the provincial government would want to empower their peace officers to do the enforcement work if they are so concerned about variants coming in over the borders that they would want to ensure that they are actually enforcing quarantine orders in the province, but apparently not. This makes it all the more difficult to swallow Jason Kenney’s insistence that the federal government hasn’t done enough about the border – they have clamped down as much as they are really able to under the constitution, and they have empowered the provinces to enforce quarantines, but oh, Alberta refuses to take responsibility for doing so, while they complain.

I will also note that the fact that Ontario has signed onto the Contraventions Act means that their own complaints about quarantines and lax borders are all the more hollow. They have all the tools they need to enforce the orders, and they are also largely refusing and blaming the federal government. And worse, nobody is holding them to account for their failures to exercise their own powers in their own areas of jurisdiction to do so – especially not the media. This is a problem, but hey, keep writing stories about “finger-pointing.” That’ll help.

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Roundup: Inflating the Line 5 drama

There was a lot of performative nonsense around Enbridge Line 5 yesterday, considering that today is the deadline by which Michigan’s governor gave to Enbridge to shut it down. And plenty of media outlets were playing up the drama around this, despite having been told repeatedly that it’s pretty certain that nothing is going to happen because that pipeline is under federal jurisdiction in the US, and the governor has no authority or power to shut it down. She has since shifted her rhetoric, saying she’ll go after Enbridge’s profits if they don’t follow her requests, but all of this is now in the courts.

Which brings me to my particular complaint, which is how things were characterised. The federal government filed an amicus brief in the case yesterday, which is basically just presenting its reasons for why they support the continued operation in the ongoing court case, and yet, both Erin O’Toole and most major media outlets treated this as though the federal government had applied for an injunction. An amicus brief is not an injunction – far from it. But this was the how the narrative was applied, as though that’s the only thing that happens in courts. It’s not particularly helpful for media outlets to treat it as such, but hey, it’s not like I have any say in this.

Regardless, it’s almost certain that Line 5 won’t be shut down because it’s frankly too important to both sides of the border, and this is largely a stunt on the governor’s part. It’s a stunt that the Biden Administration is handling with kid gloves, mind you, but I’m sure she’d love nothing more than the prime minister of Canada throwing a public tantrum over this, as the Conservatives are demanding, as it would be a propaganda victory for her, which we probably don’t want to give her. Let’s all keep a level head over this.

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Roundup: Accusing your opponents of encouraging mass deaths

My patience for the current round of blame-shifting in the handling of this pandemic has pretty much reached its breaking point, and Alberta’s justice minister has crossed a line. Recall that a week ago, NDP MP Heather McPherson accused the prime minister of rather watching Alberta burn than help Jason Kenney – a statement that borders on psychotic and ignores the billions of dollars in federal aid that has been extended that Kenney has either sat on or declined. Of course, McPherson, like her leader Jagmeet Singh, seems to think that the federal government should be invoking the Emergencies Act and swooping in to take over the province, which is nothing more than a recipe for a constitutional crisis the likes we have never seen in this country. (Can you imagine the reaction in the province if Trudeau did this?)

Well, yesterday Alberta’s justice minister declared that the provincial NDP opposition, the federal government, and the media, were all cheering on a COVID disaster in the province, which is absolutely boggling. To think that your opponents literally wish death upon Albertans is some brain worm-level thinking, and yet here we are – and no, the minister would not apologise, citing that his opponents were trying to exploit the pandemic for political purposes. This is nothing short of insane, and yet this kind of thinking is clearly rearing its head as the provincial government flails, under attack by all sides, and frankly, reaping the unhinged anger that it has been sowing for years and thinking they were too clever to get caught by.

But in the midst of this, there was a column in Maclean’s yesterday which declared that it was “partisans” that were the cause of this blame-shifting, and then proceeded to pathologically both-sides the issues until my head very nearly exploded. It’s not “partisans” – it’s political actors who are to blame, and trying to pin this solely on people who vote for them is ridiculous. I will say that a chunk of the blame does rest on media, for whom they downplay actual questions of jurisdiction as “squabbling” and “finger-pointing,” thus allowing premiers in particular to get away with the blame-shifting and hand-waving away their responsibilities, and it’s allowed this obsessive fantasy about invoking the Emergencies Act to keep playing itself out – especially because most of these media outlets have been cheerleading such a declaration (so that they can fulfil the goal of comparing this to Trudeau’s father invoking the War Measures Act during the October Crisis). If media did a better job of actually holding the premiers to account rather than encouraging their narratives that everything can be pinned on the federal government (for whom they have some of their own issues they should be better held to account for), there may have been actual pressure on some of them to shape up long before now, and yet that doesn’t happen. Absolutely nobody has covered themselves in glory here, and it’s just making this intolerable situation all that much worse.

https://twitter.com/robert_hiltz/status/1391949740896657410

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Roundup: Trying to make an election happen

I find myself growing increasingly tired of the media’s singular focus on a snap election, wedging every possible story they can into this narrative. And every time I see it, I keep thinking “Gretchen, stop trying to make an election happen. It’s not going to happen.” Honestly, no party is suicidal enough to pull the plug with the third wave raging across the country, and the legislation to make safer elections happen still stuck at second reading and has been for months because the Conservatives have been playing procedural games in the Commons (though the government is hoping to finally get it to committee this week). And given next week is a constituency week, the soonest it might pass at this point is maybe – maybe – the first week of June. Maybe. And then it has a 90-day implementation period, so Elections Canada could not safely hold an election until maybe mid-September. Maybe. Yeah, it’s not going to happen.

Undaunted, The Canadian Press’ big story this weekend is about how parties are gearing up for a potential election, and how to do everything virtually if they can’t go door-knocking and so on. And I get that they are probably in the midst of doing some rudimentary preparations because this is a hung parliament and anything can happen, but honestly? It’s not going to happen until later in the fall at the very earliest. But this constant obsession with pumping out election stories is starting to look both desperate and tacky, especially because it’s not going to happen.

With that in mind, I found Chantal Hébert weekend column to be lacking, where she questions the need for the Liberals to have a majority if legislation is finding “dance partners” in the Commons. The problem there is that it’s a fairly facile measure of things, given that there are bigger problems than the few bills getting passed with a sufficient “dance partner” available – there have been so few bills passed this session because the Conservatives in particular are slow-walking every bill they can, and only recently did the Bloc and NDP wake up to that fact when they have bills they want to see advanced as well. Add to that, most of the committees are now in a state of dysfunction because of partisan dickishness, and most of them are in endless cycles of witch hunts on would-be “scandals” that have long-since played themselves out. I’m not sure how she sees this as being remotely productive, but that’s me.

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Roundup: Telling them nothing of consequence

Yesterday was the big day that the Commons defence committee had been waiting for – prime minister Justin Trudeau’s chief of staff, Katie Telford, had volunteered to testify about what she knew about the General Vance allegations, and the moment that she volunteered, opposition parties should have known that she wasn’t going to actually say anything of use to them. (And the fact that she volunteered after the government has been pushing the point for weeks that staffers shouldn’t be testifying because minsters are responsible under our constitutional framework is another problem, not the least of which is that they appear to have given up on being consistent).

And for nearly two hours, full of interruptions, points of order, and a whole lot of preening for the cameras by opposition MPs, Telford basically told them nothing of any consequence. She didn’t of the nature of the allegations, but she reached out to ensure that they weren’t a “safety issue” (i.e. assault as opposed to harassment). But in spite of her concerns, they didn’t learn any details, and on a broader picture, she often looks back in hindsight to wonder if she should have been pushing harder for transformational change in the military, or to look past Vance’s assurances that he was committed to doing that work. We should have expected that there wouldn’t be any sweeping new revelations going into this, and there weren’t. Of course, to the Conservatives, this “proves” that there is some kind of cover-up, but trying to go after Telford seems like a poor use of time when Harjit Sajjan is right there, waiting to be held to account for his numerous failings on this file. There needs to be some accountability on this, but the opposition just keeps flailing around performatively rather than being focused in holding the one person to account who needs it, and it’s not Telford.

Meanwhile, Susan Delacourt equates Telford to someone from the bomb squad in a movie, carefully dealing with possible explosives to ensure the PM doesn’t come to harm. Matt Gurney makes the salient point that it’s hard to fathom why Sajjan or Telford didn’t do more once they learned the PCO investigation was stalled (though I’m not really keen on Gurney trying to police Telford’s feminism).

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Roundup: Ambrose’s bill becomes law

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

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

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

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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