Roundup: A curious case for declaratory legislation

A curious story showed up on the CBC website yesterday, wherein justice minister David Lametti stated that if it looked like pandemic delays were going to cause criminal trials to essentially “age out” of the court system as a result of the Jordan decision – meaning that once they reach a certain point, they are deemed to be stayed because they took too long and have become unconstitutional – that he would introduce legislation to “clarify” how the Supreme Court’s Jordan decision was to be clarified. It’s curious because it seems to be a bit of a made-up issue – the Jordan decision already stated that the 30-month timeline allowed for exceptional circumstances, and we can all agree that a global pandemic is by definition an exceptional circumstance. This isn’t to say that declaratory legislation isn’t a valid exercise, because it can be – but it just seems wholly unnecessary in this case, when there are other ways that the government could be better dealing with the criminal justice system and juries than worrying about the Jordan timelines.

In any event, here is defence lawyer Michael Spratt with some thoughts on the story:

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Roundup: A shock-and-awe number

The Conservatives are crowing about their membership numbers in the lead-up to their leadership vote, where some 269,000 Canadians are now eligible to vote – not that they all will, but it’s a shock-and-awe number that they say are bigger than any previous Conservative (or its predecessor parties’) leadership contest – though not quite as large as the Liberal contest that elected Justin Trudeau. And while on paper it’s great that there are so many people who have joined the party, this is one of those traps that have created so many of our problems in this country.

The original sin in Canadian politics was the Liberals’ decision in 1919 to move away from caucus selecting their new leader after Wilfrid Laurier’s death to a delegated convention. From then on, under the guise of being “more democratic,” they ensured that their leaders could henceforth not be held to account by the MPs of their caucus – nor the party, really, because “leadership reviews” are largely bogus exercises (sorry, Thomas Mulcair!). And what ends up happening is that when you have a big number like 260,000 party members, when the leader who winds up being selected in this manner gets into trouble, he or she tells their caucus “I have the democratic legitimacy of these 269,000 votes – the average riding has 75,000 electors. I have the bigger mandate.” It has been the way in which the centralization of power has been justified, and all of abuses of that power have followed.

The other problem is that these kinds of memberships tend to be transactional for the duration of the leadership contest. A good many of these members won’t stick around and to the work of nominations or policy development, which is another reason why these shock-and-awe numbers wind up being hollow in the long run. We do need more people to take out party memberships in this country, but it has to be meaningful engagement, and a leadership contest is not that. It only serves to perpetuate the problems in our system.

 

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Roundup: An apology on the second attempt

It was prime minister Justin Trudeau’s first presser since the WE Imbroglio blew up over the revelations of his family being paid speakers for the charity, and there was a definite note of contrition this time. After hinting that the government would extend the wage subsidy until December with details coming later in the week, a mention of his call earlier in the morning with Donald Trump that touched on tariffs, Black Lives Matter, and China, and a promise on further updates on the Safe Restart Plan with the provinces to come later in the week, Trudeau turned to his mea culpa on the Imbroglio. “I made a mistake in not recusing myself from discussions, and I’m sincerely sorry about not having done that,” Trudeau said. He praised how the government got creative with designing programmes during the pandemic, and how they had worked with a range of partners to make it happen, but he was sorry that he didn’t remove himself from the discussions with WE, and that he was frustrated that youth would have to wait longer to do their party to serve because of the mistakes he made. (I would argue that WE’s plans raised a lot of red flags too, for what it’s worth). When asked if he would appear before committee to discuss what happened, Trudeau was non-committal, but in a hung parliament, he doesn’t have the votes to shield himself this time.

During the Q&A, he said that he pointed out to Trump about the disruptions to the aluminium supply chains and hoped that they wouldn’t see tariffs that would only slow down the economic recovery; he also mentioned that there were ongoing discussions around the border, but the rest of the time was spent reiterating, over and over, that he didn’t have the details on what his family members had been paid by WE and that he should have, and that he did seem to have some reflection that he needed to be careful on this file because of his past activity with the charity but that he didn’t go far enough and should have removed himself entirely from the conversation. Later in the day, Bill Morneau sent out his own apology for his own failure to recuse himself given his daughters’ activities with WE.

For what it’s worth, there seems to be some kind of learning curve because it only took the second try for Trudeau to give an apology rather than stick to talking points aimed at deflection until the conclusion of the Ethics Commissioner’s report, at which point there would be either an apology or admission of some kind of wrongdoing and a promise to do better next time. This time, we managed to skip weeks of such failed damage control, so that’s something, I guess.

Meanwhile, Susan Delacourt finds herself wanting when it comes to Trudeau’s explanation for how the whole thing went down, and hopes that he’s saving it for his discussion with the Ethics Commissioner. Matt Gurney gives credit where credit is due for Trudeau learning enough to make a rapid admission and apology rather than dragging things out for months. Paul Wells is unimpressed with the apology and wants a full accounting of what happened, particularly as it is increasingly evident that things were wrong with the WE contract outside of the apparent conflict of interest, and how those decisions were made need to be aired.

Good reads:

  • Ruh-roh! It looks like the federal government wasn’t enforcing the rules around temporary foreign workers, which allowed outbreaks to occur on farms.
  • Here is some number-crunching on the PM’s daily pressers in the first phase of the pandemic and lockdown, including on his choice of verbs and phrases.
  • The RCMP have charged a Quebec man with calling for Justin Trudeau’s death and the eradication of Muslims.
  • Former Liberal MPs who lost their seats in the last election are waiting to hear about nomination contests so they can be ready to run again.
  • Leona Alleslev has resigned as deputy leader of the Conservatives to more vocally back Peter MacKay, who says that no promises were made for her support.
  • Maclean’s has a profile of Conservative leadership candidate Leslyn Lewis.
  • Jason Kenney is accusing the federal government of preventing Apple from fixing the province’s contact tracing app, which requires iPhones to be unlocked to work.
  • Kady O’Malley’s Process Nerd column looks at the options for calling prime minister Trudeau to committee to testify on the WE Imbroglio.
  • Heather Scoffield is frustrated by the vague answers being given on the extension and amendments to the wage subsidy programme.
  • Colby Cosh recounts how Alberta has abolished its last vestiges of prohibition, by allowing liquor sales in Mormon-centric towns that were still “dry.”

Odds and ends:

For the CBA’s National Magazine, I wrote about Friday’s Supreme Court decision on genetic privacy, and what the broader implications of the ruling are.

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Roundup: Calling the PM to committee

As the WE Imbroglio continues to roll along in the absence of much other news, there are a couple of new developments – one is that both Seamus O’Regan and Katie Telford, both of whom are subject to the Conflict of Interest Act, also have past histories of raising funds for the WE group of charities pre-government formation, which could complicate things as for whether or not they should have recused themselves from any decision-making over the Student Grants programme contract. The other is that the Conservative are proposing to summon prime minister Justin Trudeau before the finance committee to answer questions about the decision to grand that contract – with the added show of having him do so under oath (which is a bit of extraneous showboating – lying before committee would mean that he would face charges of contempt of parliament, and he has already sworn oaths of office which make demands to testify under oath at committee to be unnecessary). Suffice to say, summoning the prime minister to committee is more fraught than you may think, so here’s professor Philippe Lagassé with some perspective.

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Roundup: The WE Imbroglio worsens

Because the Liberals’ capacity for self-harm wasn’t apparent enough already, it seems that they decided to find yet another rake to step on as the WE Imbroglio continues to unfold, and we learned that two of Bill Morneau’s children have done work for WE – one of them as a salaried employee, and no, Morneau also did not recuse himself from any Cabinet discussions or decisions when it came to awarding WE the student service grant contract. Because of course he didn’t.

Within the Liberal ranks, so far only Nathaniel Erskine-Smith – already considered a “maverick” – has come out to say that he’s not keen on what has transpired, which makes me wonder how many other Liberal MPs feel similarly but just aren’t saying out of a sense of loyalty or because they would rather close ranks at a time like this. Of course, if we had a properly functioning Westminster democracy in this country, the caucus could get together and say “You know what – the leader keeps hurting the party with these self-inflicted wounds, so maybe it’s time we find a new leader,” and within a few days, they could have voted out Trudeau and voted on a replacement from within the caucus ranks, and then it would be off to Rideau Hall to swear in a new prime minister, who hopefully wouldn’t be a prone to stepping on those rakes. But we don’t have a properly functioning system because the Liberals and the pundit class back in 1919 decided it was somehow “more democratic” to give the party membership the ability to decide on the leadership, and suddenly the accountability of that leader to his or her caucus was annihilated. Now we have leaders who have centralized all power and authority and who are accountable to no one, so that when they cause trouble for their parties, the caucus is now stuck. (It would also help in keeping the party from becoming a personality cult of the current leader because that leader is easily replaced, but again, that’s no where we’re at in this country, and we are paying the price for it.

As for the Conservatives, they decided that they needed to up the stakes and send a letter to the RCMP to demand a criminal investigation of this contract, under the flimsiest of pretences. It’s ludicrous, of course, but what it allows them to do is to insinuate that the RMCP are investigating when they likely aren’t because they’re not public about what they are and are not investigating, and they can spend the summer asking Trudeau “have the RCMP contacted you yet?” and posting those clips all over their social media channels. We’ve seen this particular play before, and it wasn’t great the first time, and this iteration won’t have improved either. I suspect there is also an element of “lock her up!” as part of their calculation for this, because they know that there is an element of their base that will respond to this bit of red meat, and they can’t help themselves, no matter how corrosive this is to our political discourse, or the long-term the damage that it causes.

Meanwhile, Susan Delacourt hears from Erskine-Smith and other unnamed Liberals who are balking at how closed-off to caucus Trudeau has been, and how that breeds these kinds of problems. Chris Selley marvels at Trudeau’s trilogy of scandals, and the ways in which they are continually minimized.

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Roundup: Trudeau steps on yet another rake

The prime minister’s problems with the now-cancelled WE Charity contract blew up yesterday, as it was revealed that Justin Trudeau’s mother and brother have been paid by WE to speak at events, that his wife had once been paid by them in 2012, all of which contradicts their previous statements that they don’t pay speakers. (Trudeau maintains that he has never been paid). Suddenly this makes the fact that Trudeau didn’t recuse himself from any decisions around that contract at the Cabinet table look very bad, because his family does benefit from the organization, and they’re not just donating their time and profile as had been previously stated. And for WE’s part, they have done themselves no favours by saying that it was their social enterprise arm, ME to WE, which paid them, except for the times when there was a billing error and WE Charity paid them instead. This as more parliamentary committees are (finally) doing their jobs in calling ministers and bureaucrats before them to explain their decisions. And to cap it off, Yves-François Blanchet is now demanding that Trudeau step aside and let Chrystia Freeland run things until everything is cleared up. So that’s something.

It’s hard not to see that the Liberals’ capacity for self-harm knows no bounds, between these self-inflicted wounds and their inability to communicate their way out of a wet paper bag/manage an issue, means that they inevitably make it worse for themselves – which they did yet again today by essentially saying that the only thing that matters is that Trudeau was really concerned about the youth. Seriously? It is not only obvious that Trudeau seems to lack any sense of self-awareness, in part because he has grown up as a kind of celebrity, but it’s also combined by the fact that there clearly isn’t anyone in his office who will stand up to him and say that no, this maybe isn’t a good idea, and no, it’s going to come across well no matter how well-meaning it all is. I mean, the first couple of years in office, Trudeau dismantled any way for the party mechanism to push back against the leader and his office, and that was a fair bit more autonomous than what goes on in PMO. This being said, I will add that our ethics and conflict of interest regime in this country is ludicrous, and subject to the whims of successive Ethics Commissioners, who either read their mandates so narrowly that nothing was ever her problem, except when she took it upon herself to decide who is and is not a family friend of the Aga Khan (that being Mary Dawson), or her replacement, who has invented new statutory interpretation out of whole cloth on numerous occasions to baffling results. None of this excuses Trudeau’s constantly stepping on rakes – he should absolutely know better, but seems incapable of figuring that out.

Meanwhile, Susan Delacourt remarks on how repetitive Trudeau’s ethical lapses are getting, and how every time he promises that he’s learned his lesson – until he does makes yet another blunder. Matt Gurney is baffled at PMO’s tone-deafness on this whole affair. Chris Selley, while boggled at Trudeau’s constant blunders, is even more incredulous at how Andrew Scheer keeps being so bad at responding while creating his own distractions.

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Roundup: Pearl-clutching about the deficit

For the first time this week, prime minister Justin Trudeau held a presser, wherein he praised the agreement with the First Nations on moving ahead with transferring control over child welfare, mentioned the virtual Cabinet retreat that was held over the previous two days, and mentioned that new pandemic modelling was on the way, noting that there are still hot-spots around the country. And then it was the takeaway message of the day – a mere couple of hours away from the fiscal “snapshot” being delivered, Trudeau made the case that they chose to support Canadians rather than leaving them to fend for themselves, and that the cost of doing nothing would have been far greater on both healthcare and the economy. He reiterated that this was not the time for austerity, but that they have been building a “bridges” to a stronger, more resilient Canada, and drove home the point that the federal government took on debt so that ordinary Canadians wouldn’t have to. He pointed to the low debt-to-GDP ratio, and that historically low interest rates mean manageable borrowing costs. And with one final word on Bob Rae being appointed to the UN, he took questions, one of the first of which determined that he didn’t recuse himself when the WE Charity sole-source contract came before Cabinet, which is something the Ethics Commissioner is looking at. He spoke about the necessity of childcare, that Bill Blair has been engaged on the subject or the RCMP and police brutality as part of the broader Cabinet workplan on combatting systemic racism, that they were following the recommendations of the Auditor General on CBSA, and then reiterated again that with historically low debt-servicing costs, it was easier for the federal government to take it on in order to prevent Canadian households from having to do so. When asked about the relationship with Donald Trump, Trudeau once again reiterated that they have concerns about the possibility of new tariffs, and that it will only hurt American industry because they need Canadian aluminium as they can’t produce enough of their own.

And then the fiscal “snapshot.” While Bill Morneau’s pabulum-heavy speech was pretty much all self-congratulation and a recap of measures they’ve taken, the accompanying documents did show a $343 billion deficit projected for this year (though it has been speculated that this was an outer bound limit designed for them to come under), and that the total debt by the end of this fiscal year could be $1.2 trillion – numbers everyone clutched their pearls about while ignoring that the debt-servicing costs continue to decrease even though the size of the debt has increased. There was mention that the wage subsidy is going to be extended, but with modifications on the way “sooner than later,” but there wasn’t much indication about the broader recovery plan thus far.

Of course, the obsessions among all of the media coverage was the deficit and debt figures, because our reporting narratives remain firmly affixed in the mid-1990s, and no one can break free of them – not to mention the hyperbolic mentions about how this was the biggest deficit since the Second World War (never mind that this is a virtually unprecedented global pandemic we’re facing with a demand-side shock that people can’t seem to wrap their heads around). And because the framing devices remain in the 1990s, headlines obsessed that there wasn’t a plan to curb spending – because of course we know how the epidemiology of this pandemic is going to play out until we get a vaccine at some point in the future. But perspective? You need to turn to the economists on Twitter for that.

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Roundup: Hot and Bothered for Basic Income

The idea of a Basic Income has been a hobby-horse of parliamentarians for a while, and yesterday the Parliamentary Budget Officer came out with a report that purported to cost one out in a couple of different scenarios. But it’s a bit of a horror show of a report because what it’s actually describing is a cash transfer and not an actual Basic Income scheme, and more than that, some of the things it purports to strip in order to pay for its high price tag are a number of disability supports. Remember that while a Basic Income may sound like a left-wing idea, there is plenty of right-wing support for it if it dismantles the welfare state, where replacing tailored disability programmes with a one-size-fits-all cash transfer is a feature and not a bug. (More from economist Mike Moffatt here).

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Suffice to say, this report got some senators all hot and bothered, including Senator Yuen Pau Woo, who put out a press release on the topic, calling for a pilot project, so here’s Lindsay Tedds, who worked on BC’s Basic Income project for the last two years, and who knows a thing or two about Basic Income.

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Roundup: A confirmation on uttered threats

We got a better read of the charges against the Rideau Hall intruder from last week, including more specifics on the weapons charges – a restricted revolver, a prohibited rifle, and two legal shotguns – as well as confirmation that the uttering threats charge was indeed directed toward the prime minister. This is, of course, in direct contravention to what RCMP sources were leaking to certain journalists last week that he didn’t intend to harm anyone, which never actually was credible at the time, and yet they dutifully reported it anyway.

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What is especially galling is that the RCMP seems to have zero self-awareness that this sort of thing fuels the calls about systemic racism in their organization – doing proper de-escalation and then floating this “not intending to harm” fiction when it’s a white guy with guns as opposed to a Black, Indigenous or otherwise person of colour where they will beat, taze, or outright kill them when they are unarmed. The contrast had been made to the arrest video of Chief Allan Adam video where he was tackled and pummelled for merely mouthing off after police outright harassed him for expired licence plate tags, whereas the intruder was armed and had intent to threaten the prime minister (if not outright assassinate him – that remains for the investigation to conclude and the courts to decide), and he was apparently unharmed after a ninety-minute conversation. The fact that they would float that “no harm” notion when the guy was armed and rammed through the gates pretty much confirms in everyone’s minds that white perpetrators of violence get treated separately and less lethally than anyone else – but they remain oblivious to it. Incredible.

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Roundup: The ritual fiscal demands

With the fiscal “snapshot” on the way on Wednesday, we are seeing the ritual demands of opposition parties being laid out – the Conservatives demanding accurate fiscal forecasts, a proper picture of the deficit and debt, and changes to CERB that they claim will keep it from being a disincentive to work. Oh, and to basically deregulate the energy sector, as though it’s regulation and not the price of oil and a global supply glut that are the cause of a drop in investment. The Bloc want CERB phased out except for the arts, hospitality and agriculture industries. And the NDP want the programmes extended and to be financed by down on tax havens – because that can be done unilaterally and at the drop of a hat!

Of course, the biggest problem with the economic recovery is education and childcare, the lack of which threatens to set women’s participation in the labour force back by 40 years, and yet most of the provinces don’t seem to be too motivated by this fact, as they allow school boards like those in Ontario to come up with cockamamie plans like having kids in school for two days a week. And the worst of it is when you have provinces demanding federal help for things that are explicitly in their jurisdiction like education and childcare – which the federal government has made clear is part of the $14 billion they have on the table – but they don’t want the strings attached. “Just give us the money,” Doug Ford demanded, which isn’t how this works.

And to drive home the point, economists like Jennifer Robson have calculated that keeping these women out of the workforce cuts household incomes by 40 percent, or $113 billion in direct earnings (to say nothing of lifetime earnings), which is a devastating blow to the economy. Would that these provincial governments didn’t assume that it’s fine that they have loaded this onto the shoulders of women in the workforce, and that there won’t be any consequences. It’s time for provinces to behave like grown-ups and make some adult decisions that include women in the labour force.

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