Roundup: Responsibility for re-opening

For his Monday presser, prime minister Justin Trudeau didn’t have a lot of news – mostly talking about how the Canada Emergency Wage Subsidy was now available for application, and that payments would be going out next week for businesses that are approved, and that they were working with the opposition on legislation for the new measures for students announced last week. And sure enough, later in the day, notice was given that the Commons would sit in some capacity on Wednesday, after their “special committee,” to pass said bill. (No word yet on whether the Senate gets recalled for Wednesday evening or Thursday morning). During the Q&A, Trudeau had to once again reiterate that he was loathe to enact the Emergencies Act, which people are still demanding that he do for some strange reason. He also stated once again the even though provinces may have different timelines when it comes to re-opening their economies (because, once again, each province has a different epidemiology), those provinces have rights and obligations around local measures, while the federal role was to provide guidelines that they should follow. Again, the notion that he should swoop in and take over their areas of jurisdiction remains a deeply frustrating one.

This jurisdictional howling will only get worse as both Ontario and Quebec unveiled their re-opening plans yesterday, Ontario starting with guideposts before they will move to next steps, while Quebec has decided that they will start opening some schools in two weeks, which has everyone alarmed that it’s too soon, and that they don’t understand the epidemiology of this disease, because it can and does affect children and they may actually be asymptomatic and become major spreaders. So that’s fun.

Meanwhile, the first “virtual” meeting of MPs in a Special Committee on the COVID-19 Pandemic meets today, and everyone is going to call it a “historic first virtual sitting of Parliament,” and they’ll be wrong. Because it’s not a sitting of the Commons, it’s a special committee, that the Speaker will be chairing from a committee room in the West Block. And you can bet that Trudeau and others will pat themselves on the back for this, and “Because it’s 2020,” and that kind of noise, but it’s an absurdly unwieldy committee, and that’s it. Treat it with only that amount of reverence. (And look for my column on why this matters later today).

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Roundup: No to herd immunity

For his Saturday presser, Justin Trudeau was back to his weekend uniform – tieless, collar unbuttoned, under a sweater and blazer with jeans. He started off talking about last night’s virtual vigil for Nova Scotia, then recapped the programmes they launched during the week before talking about the $62.5 million the government would spend to help the fish and seafood processing industry cope with the pandemic, both in terms of capacity, protective equipment and ensuring more physical distancing in workspaces. During the Q&A, there was more talk of health transfers and this bizarre notion that somehow the federal government could put long-term care facilities “under the Canada Health Act” (erm, I don’t think the Act works the way you think it does, guys), Trudeau stated once again that he has no intention of interfering in areas of provincial jurisdiction. Let that sink in. No. Intention. So stop asking him to “take over” things like healthcare and rents. Provinces exist. Sections 91 and 92 of the Constitution Act, 1867 exist. These are real things and he can’t just wave a wand and suddenly take over. Jurisdiction doesn’t work like that. Stop asking. Trudeau also said that he was aware of the Correctional Investigator’s report on the state of federal prisons in this pandemic era, where anyone who is sick is being sent to solitary confinement (and potential human rights abuses), but he continued to claim that they were taking “strong measures.” The problem is that nobody can seem to show any evidence of said measures. (Trudeau mentioned there wouldn’t be any pressers today, so don’t look for one).

During the ministerial briefing, Dr. Theresa Tam also shot down this notion of herd immunity and “immunity passes” that keep being floated around after Chile is piloting them, in part because we simply don’t have enough information about the virus to know whether or not someone can be re-infected once they’ve had it, or how long any protection from anti-bodies may last, and herd immunity means to continually expose greater numbers to the infection, which could still overwhelm our health capacity, and no, younger people aren’t really less susceptible as has been suggested – they can still get very sick from it, even if the mortality rate is lower for younger people. It means there are no easy fixes to reopening the economy, as much as we may hope for one.

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Roundup: Commercial rent relief on the way

For his Friday presser, prime minister Justin Trudeau at long last unveiled the details of the commercial rent relief programme, now that they have ironed out the details with the provinces (considering that it’s their jurisdiction), which is essentially that commercial landlords (for properties where the rent is below a certain threshold) need to offer 75 percent discounts on their rent from April to June, and the federal government would provide non-repayable loans of up to fifty percent of said rents. From there, he mentioned that they were deploying Canadian Armed Forces personnel to certain long-term care facilities in Ontario and Quebec, and that they were working to beef up the salaries of existing long-term care workers. He also said that they were working with provinces and territories to establish guidelines for when they re-open their economies, but that people need to pay attention to the local rules and not those in other jurisdictions, because the outbreaks are different in each region. (During the First Ministers’ weekly teleconference later in the day, there was some agreement to this, and apparently each province and territory will be submitting their plans to the federal government).

Of course, with the news that there was an agreement on commercial rents, we got some fairly usual voices caterwauling that all rents needed to be dealt with, not just commercial ones. The response to that, of course, is to talk to one’s premier, because that’s where the responsibility lies – Trudeau can’t just swoop in because landlord and tenant legislation is strictly provincial, and the mechanisms they employed for the commercial rent relief are not necessarily suited for residential properties. And there was word today that Doug Ford wants the federal government to step in on residential rents – after he has been spectacularly unwilling to do anything and tells people to work it out with their landlords – so if there is more uptake with his fellow premiers in the next few days, they may try to design something, though I’m not sure exactly what, because I worry that there may be a bigger domino effect throughout the banking sector, but there are no quick fixes. And no, the national housing strategy does not give federal jurisdiction over rents, nor does the Canada Health Act provide a template for rent either, because there are no funding agreements with the provinces, nor would the federal government simply be transferring a pot of money to the provinces for residential rents. It’s complex, there are big jurisdictional issues, and Trudeau can’t and shouldn’t do everything. The provinces have a role to play and they should play it.

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Roundup: On Scheer’s silence over Sloan

For his daily presser, prime minister Justin Trudeau was all about science – specifically, a $1.1 billion package for research on vaccines and clinical trials, plus the launch of an immunity task force that will help to determine the spread of the virus within the population (as many may have been exposed and only ever experienced mild symptoms or had none at all), which will be necessary as we talk about re-opening the economy and how that will proceed. Trudeau also reiterated that the situation with long-term care facilities is untenable, that using soldiers to help the residents of those homes is merely a short-term solution that demands a long-term re-think. During the Q&A, Trudeau was not promising the billions of dollars that municipalities were demanding, but made some fairly vague commitments about working with provinces, given that cities are creatures of provincial legislation. He also said that provinces were going to take their own leads on re-opening their economies given that there are different epidemics playing out across the country and not just one nationally, though there is talk of federal guidelines.

The thing that had everyone talking throughout the day, however, was Conservative leadership candidate Derek Sloan making a fairly blatantly racist call for Dr. Theresa Tam to be fired while questioning her loyalty to Canada as he accuses her of following Chinese propaganda. And more to the point, that Andrew Scheer refuses to comment on what Sloan says insofar as the racism – he did say that as the opposition, they should be criticizing ministers who make decisions and not officials who give advice. Of course, this shouldn’t be too surprising as the party has already been pursuing this notion of vilifying the WHO because they were too credulous about the information coming out of China and Canada followed WHO advice, and Sloan simply took it one step further. And more to the point, under Scheer, the party has offered succour to racists on more than one occasion (most notably after the incident when Trudeau called out the racist statements of an avowedly racist woman in Quebec at an event, after which the Conservatives insisted that she was merely concerned about the economic impact of “illegal” asylum seekers and that anyone who questioned the government would be called a racist – because being labelled a racist is apparently a worse crime than actual racism). A few other Conservative MPs did denounce Sloan’s comments, and local officials within Sloan’s riding called on him to be denounced by Scheer and expelled from the party.

Ah, but that’s part of the issue. The Conservatives, if you recall, voted to adopt certain provisions of Michael Chong’s (garbage) Reform Act which ensures that the full caucus must vote to expel a member, that the leader alone can’t do it. It would be mighty awkward for Scheer to pull that trigger regardless, considering that he’s in an interim, outgoing position and not really the leader any longer, and that Sloan is vying to replace him (and it will be a doomed effort), but I will say that regardless of the circumstances, I have long been uncomfortable with both leaders expelling members, and with the more recent notion that MPs (and senators, where applicable) should be expelled at the first sign of trouble, rather than managing them better from within the fold, or leaving it up to their riding association to decide whether or not to keep them in the party, being as they are really the ones who should be deciding.

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Roundup: Unveiling the help for students

Prime minister Justin Trudeau arrived at his daily presser with big news – the long-awaited relief package for students, totalling some $9 billion in new emergency measures, starting with the Canada Emergency Student Benefit that provides between $1250 and $1750 per student between May and August (being the period when they would ordinarily be out of school). This would be augmented by additional grants next year on top of loan repayment deferrals. As well, the government would be creating a number of placements for students in needed areas, as well as a Canada Student Service Grant between $1000 and $5000 for those students who volunteer with essential services during these pandemic times – on top of additional funding for the next academic year, and specific pots of money for Indigenous students. During the Q&A and the subsequent ministerial presser, there were questions on repatriations (most especially from India), as well as on what’s happening with prisons as they face the pandemic (and here is a good thread from Justin Ling, who brought the receipts as to why this matters) – made especially important because even the Correctional Investigator can’t get proper figures about what is going on. This gets complicated when you have tough-on-crime politicians making hay about needed decarceration during a crisis like this. Trudeau also gave a rare moment of candour when he stated in response to a question that universal benefits are actually more complicated than they seem, which was why they went with the CERB (but it only took him three tries to actually say it – something I’ve been pointing out for a while).

And then the requests came. Quebec’s premier asked for an additional 1000 soldiers to help cover off in long-term care facilities as the death toll continues to climb, particularly around Montreal. (Here’s a thread that explains some of what is going on, particularly as transmission from long-term-care facility to hospitals is an added problem). Around the same time, Doug Ford also asked for military assistance with five facilities in Ontario (but wouldn’t say which ones). But throughout this, we keep seeing the PM and other ministers being asked if the federal government needs to somehow “take over” the long-term care file, which I think is a bit boggling because there’s no actual mechanism for them to do that. Provincial powers aren’t delegated by the federal government – back during Confederation, they were divvied up between the provinces and the federal government, and in many cases, the provinces were given those powers because they are closer to the people. Yes, there is a federal role in healthcare (beyond simple dollars), which has a lot to do with regulation and the approval of drugs and medical devices, which avoids the duplication of every province needing to do their own. I’m not sure how exactly they should assume control of these facilities – especially because provinces do not take well to having their funding allocations come with strings or reporting requirements. Seriously – previous governments have tried, and it doesn’t go well. Yes, we’re going to need to have a reckoning in this country about the whole issue of long-term care, but that reckoning can’t simply be having Ottawa assume control. I mean, not unless they want to amend the Constitution (and good luck with that).

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Roundup: Bullying through a motion on a false promise

Prime minister Justin Trudeau once again began his daily presser talking about the tragedy in Nova Scotia, and recounted some of his conversations with RCMP members and Senator Stan Kutcher (who not only represents the province but has a background in mental health). He then turned back to the global pandemic, noting that it has made inequalities more pronounced, and with charities spread thin trying to provide support, he announced that $350 million was being set aside as part of an emergency community support fund. He then announced that the Canada Emergency Wage Subsidy would be available as of Monday, and starting today, a calculator would be available on the CRA website for employers to calculate what they would be able to apply for. He also talked about the kinds of contributions that the innovation superclusters have been making to the current situation, for a bit of good news. During the Q&A, Trudeau had more information about the reports of the two planes that returned from China empty that he wasn’t able to answer during QP on Monday, this time noting that because of the severe restrictions in China as for how long they were able to remain on the ground, while supply lines to the airports have been frustrated with checkpoints and delays, it forced them to take off empty for the time being. Trudeau also said that the promised gun control bill was nearly ready to be tabled before Parliament was suspended for the pandemic, but wouldn’t promise that it would be tabled before regular sittings resumed. As well, regarding that meat plant shut down because of an outbreak, Trudeau said they were trying to ensure domestic supply though it could affect prices.

Meanwhile, the Procedure and House Affairs committee was meeting (remotely), and we found out that the Clerk of the House of Commons says that there’s no way they’ll be able to facilitate any kind of “remote” sittings until mid-May at the earliest, and that he told the Government House Leader this before the government bullied through their motion on Monday about one in-person sitting a week and two-virtual ones. In other words, they knew that the virtual ones couldn’t happen, but they acted as though they were, so they can say “Oh dear, looks like we can’t hold those sessions,” and stick to the one in-person sitting per week at a giant waste of resources to keep flying MPs in and out for a single day, rather than at least having the three in-person sittings per week which was perfectly reasonable. And no, this isn’t saving any of the staff exposure, because they would need to be in the West Block whether the MPs were there in person or “virtually” (which will include some MPs in the Chamber). Add to that, they only have the capacity to run at maximum ten “virtual” committee meetings between the Commons and Senate in a week, as the government also likes to pretend that they’ve been trying to ensure that as much of Parliament is functional under the circumstances. That’s not true, and even their planned “accountability sessions” for the next month are not actual sittings, but “special committee” sessions, even though some MPs have tried to paint them otherwise. It’s been one big exercise in preening that only makes the Conservatives look like they were right.

The Queen

Just a quick note to add that yesterday was the Queen’s birthday in her natural capacity. The Queen of Canada’s official birthday isn’t until Victoria Day, for the record. But the Queen and Prince Charles did send condolences to Canada for the tragic deaths in Nova Scotia.

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Roundup: Sorrow and motions

As the various party leaders lined up, one after another, to give their positions before the microphones on yesterday’s return of the House of Commons, prime minister Justin Trudeau devoted his presser to the mass-shooting in Nova Scotia and the loss of an RCMP constable, including a direct address to children as part of his speech. More controversially, Trudeau made a plea to media not to name the killer and give him the “gift of infamy,” which became the subject of many a column the rest of the day. During the Q&A, he insisted he didn’t want to fight about the return of the Commons, while also saying that the government was not backing away from its plans to enact further gun control measures.

Not far away, the Commons resumed its sitting with a skeleton complement, kicking off with Green MP Paul Manly immediately launching a point of privilege to complain that their health and safety was being jeopardized by the sitting, and it impacted on the ability of MPs who faced travel restrictions to participate. (Manly’s point was later rejected by the Speaker). After a very surreal QP, and more speeches on the Nova Scotia shooting, the vote was held and it was decided that there would be in-person sittings on Wednesdays starting next week, with planned 90-minute “virtual” sittings on Tuesdays and Thursdays – you know, assuming that they can actually get them up and running. Also, those sessions would not be regular sittings of the Commons, but would qualify as “special committee” sessions that would be devoted to two-and-a-quarter-hour-long sessions to ask questions of the government.

Throughout this whole debate, I keep shaking my head at the fact that they insist that they don’t want MPs to keep travelling, or how MPs from regions with travel restrictions can’t participate, but nobody can apparently fathom that MPs could travel to Ottawa, and then *gasp* stay there! You know, like they have housing allowances and per diems that facilitate it. This insistence on once-per-week sittings means that there will be all kinds of unnecessary travel, travel that MPs from those regions can’t participate in (or at least not easily), and it needlessly complicates this whole affair when we could have more easily kept a skeleton parliament with these MPs who stay in Ottawa present, and just ensured that you had a representative sampling that includes MPs from those otherwise hard-to-travel-to-and-from regions so they don’t have to travel back-and-forth. It’s revolutionary, I know. None of this is rocket science, and yes, it involves some sacrifice on the part of these MPs, but no worse than some of our essential healthcare workers who also can’t see their families during this crisis.

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Roundup: Some kind of return to Parliament

For his Sunday presser, as news from Nova Scotia was filtering in, Justin Trudeau largely delivered a greatest hits compilation – but the kind where there aren’t any new tracks, just a remix. He mentioned the creation of a disability advisory group and that the Canadian Rangers were headed to two more Quebec Indigenous communities, but that was it for news. But the real question was about whether Parliament would indeed be returning today or not, and Trudeau tried to paint a completely disingenuous picture that unless a deal was struck – and the Conservatives were not budging – that all 338 MPs would be on planes to come back to Ottawa.

Erm, except that wasn’t true at all. The parties had already decided that it wasn’t going to play out that way, and that only a handful of MPs would return to Ottawa regardless of the circumstances. As for virtual sittings, Trudeau said that they proposed one in-person sitting and one virtual sitting per week, later bumped up to two (apparently to be set up like the UK is doing – a hybrid of some MPs in the Chamber, the rest coming in by video), but oh wait – they’re not actually set up to do that anytime soon, nor has the Procedure and House Affairs Committee set out any provisional rules or guidelines for that to happen. And then there’s the problem where a number of MPs have spotty Internet to begin with – which is made worse by the strain on the system by everyone staying home and streaming Netflix or other video – and you have a recipe for more Privilege violations as MPs can’t participate in sittings like they’re supposed to.

But here’s the thing – everyone claiming that this is some kind of Conservative trap, and even some of my more credulous colleagues claiming that this could mean that the Conservatives could suddenly have enough MPs to pull a non-confidence vote, doesn’t have a basic grasp of parliamentary procedure. The government still controls the agenda, and any opposition party would need to provide at least 24 hours’ notice of a motion of non-confidence if they were foolish enough to try and propose one in the middle of a global pandemic. And even though Andrew Scheer may be a smirking, braying doofus, he’s not so suicidal as to try to topple the government in the middle of a global pandemic (especially when he’s no longer the permanent party leader). No, the Conservatives can’t hold up any business because most of what’s going to happen is some quasi-Question Period “accountability sessions,” probably under the aegis of Committee of the Whole, and if – big if – they’re feeling ambitious, they can debate some of the other bills on the Order Paper, but that’s unlikely to be the case. Everyone needs to calm the eff down. Parliament is an essential service, and MPs can do it with proper physical distancing better than the grocery store workers out there right now.

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Roundup: Which party will blink first?

Because it was Saturday, prime minister Justin Trudeau returned to a more casual demeanour for his daily presser – unbuttoned shirt, no tie, sweater, and blazer. There weren’t quite as many announcements today either – that they had reached an agreement with the Americans to extend the partial border shutdown for another 30 days; that there were new ads coming with famous Canadians in order to remind people to stay inside (and notably, the list was different in English than it was in French, because we have different famous people who don’t necessarily cross over); and that some $306 million was being allocated to help more Indigenous businesses who don’t normally get funding through traditional banks, so these funds would be coming through Indigenous financial institutions and administered through the National Aboriginal Capital Corporations Association (and it sounds like this had been asked for weeks prior).  As well, two more plane-loads of N95 masks had arrived, and more were on the way.

The lingering question, however, remains what sort of return to Parliament will be happening on Monday, as the Conservatives continue to press for more in-person hearings with a reduced complement of MPs, while there has been no word whether the Speaker has been able to get any kind of virtual hearings set up (which we don’t actually want, because it will be very, very bad for Parliament in the long-run, and no “surely it’s 2020” is not a good response when I say this). It seems the Conservatives want three or four in-person sittings, while the Liberals’ last known offer was one in-person sitting per week, plus a virtual one for a longer quasi-Question Period, while the NDP want a second virtual one (again, with the reminder that the Speaker hasn’t even said it’s possible, nor do we want them). And then Elizabeth May declared that she didn’t want any in-person sittings and would withhold unanimous consent on any motion that included them (but as the Greens don’t hold official party status, her consent is not required for any negotiation between parties). We’ll see what kind of deal gets struck at the last minute, and which party will blink first, but this is all a bit ridiculous.

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Roundup: Uploading their environmental liabilities

For his Friday presser, prime minister Justin Trudeau was again laden with a myriad of announcements that he needed to unburden himself of. First it was the announcement that 125 medically-trained personnel from the Canadian Forces would be headed to Quebec to assist with their situation in long-term care facilities, with more assistance to come from the Canadian Red Cross and the banks of volunteers assembled by Health Canada and within the province itself. From there, it was that the government would spend $1.72 billion to remediate orphan wells in Alberta, BC and Saskatchewan, and more money for oil companies – particularly in Newfoundland and Labrador – to deal with their methane emissions. And then, it was money to help artists, athletes, and entrepreneurs. And finally, it was remarking that it was the anniversary of the Canadian Charter of Rights and Freedoms. And if you’ve caught your breath, during the Q&A, there was discussion about Parliament meeting in person one a week (the Conservatives want four times a week), that Finance Canada is looking at some kind of financial aid for provinces who can’t get access to cheap credit.

During the ministerial briefing afterward, there it was made clearer that there was going to be more money for regional development agencies so that they can help out local companies when they have difficulty getting commercial loans to bridge them through this period. Navdeep Bains said that they are still looking into technological solutions for contact tracing (and the Privacy Commissioner has issued guidelines if that is the case). Oh, and Canada Day is going to be virtual (which saves them from having to deal with not having access to Parliament Hill anyway because of construction).

But back to the energy sector. I find myself annoyed that the federal government has opted to go the route of paying billions of dollars to remediate these orphan wells because it means the sector – and the province itself, who set the deficient regulations that allowed the situation to spiral out of control – have successfully managed to upload those environmental liabilities to federal taxpayers. And I get that Trudeau has a political incentive to both be seen to be helping Alberta, and to patting himself on the back that this is an environmental measure, but it’s deeply frustrating because it’s only a little over a year ago when the Supreme Court of Canada ruled that companies, and in particular trustees in bankruptcy, can’t just offload these liabilities to the government to salvage the assets. (This, as the sector says that the measures aren’t good enough because it’s not targeted to their liquidity issues, and their boosters keep calling for a freeze to carbon pricing and environmental regulations, because of course they are.)

The province has made a lot of money by punting its environmental liabilities to the future. They didn’t properly ensure that these wells had securitized their remediation, because making companies pay upfront would hurt investment. And in the oilsands, they just trusted that the tailings ponds would act like regular mining tailings, and when they didn’t, they kept expanding and hoping that someone in the future would figure the problem out, and now they’ve got a giant problem on their hands, but hey, they needed to ensure the money flowed fast and immediately, which they then didn’t properly tax or charge sufficient royalties on, and now that the bill has come due, they’ve successfully ducked it and made sure the federal government pay it for them – all while shouting that they’ve paid for everyone else all this time so now we owe them (not true, and not how equalization works). Add to that, you have people like Elizabeth May saying that she opposed oil and gas subsidies but supports this kind of orphan well remediation in spite of the fact that it’s a giant subsidy, I can barely even. I’m an Albertan – I get that the sector is hurting, and yes, it’s hurt my own family, but I also get that it’s now a structural problem and that the boom days are never coming back because nobody has a time machine and can go back to stop the development of shale oil. Demanding the federal government bail them out – particularly after the province chose to put themselves in their current fiscal situation by refusing to properly tax their own wealthy and ensure a reasonable consumption tax because they instead chose to spend their oil resource revenues – just feels a bit rich.

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