Category Archives: Political Roundup

What’s going on in Canadian politics

Roundup: Bashing a fictional plan

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In the days ahead, you are likely to hear federal Conservatives start echoing Jason Kenney’s current justification for killing the province’s carbon price based on a report by the Fraser Institute. The problem? Well, the modelling that they used is based on a work of fiction, and not the plan that was actually implemented, and since the federal carbon price is closely based on the Alberta model, they will have roughly similar effects. But hey, why fight with facts when you can use fiction and straw men?

And for the record, here is the EcoFiscal commission explaining how the Fraser Institute got it all wrong.

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Roundup: Importing the culture war

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We’re not even in the writ period, and the imported culture war bullshit is already at a fever pitch. In order to capitalize on it being Ottawa Pride this weekend, the Liberals started passing around a video of Andrew Scheer’s 2005 speech denouncing same-sex marriage, under the rubric of Ralph Goodale calling on Scheer to attend his hometown Pride in Ottawa this weekend. (Note: We’ll see if Trudeau makes it to Ottawa Pride this year, as he may not be back from the G7 meeting in France. Trudeau has only ever appeared at Ottawa’s Pride parade once). And off they were to the races. Scheer’s director of communications said that Scheer “supports same-sex marriage as defined in law,” and would uphold it as prime minister – and then proceeded to name Liberals who previously voted against it.

What’s particularly cute about this defence of Scheer is that it does not say that Scheer’s views have evolved, and the use of “as defined in law” is that the law was a result of a Supreme Court of Canada reference, so there is no way that any government could try to repeal it without invoking the Notwithstanding Clause to escape a Charter challenge. But beyond that, Scheer’s people have not offered any kind of defence that he voted against the trans rights bill in 2016, which is more current and pressing of a rights issue than where we are with same-sex marriage. But it’s not really about same-sex marriage at all – it’s all about our political class being high on the fumes of the American culture war that they’ve been inhaling, and are trying desperately to recreate here because they all think it’ll be a political winner for them, rather than the fact that it will simply burn the house down around them.

In amidst this, Jagmeet Singh decided that he wanted to get in on the culture war action and declared that he wouldn’t prop up a Conservative government in a hung parliament based on this (fourteen-year-old) homophobia – which essentially means that he’s conceded that he’s not running to be the prime minister in the election, but is content to stay as the third party. There’s realism, and then there’s bad strategy. Singh then went on to list all of the Liberal failures on the LGBT file – except most of the ones he listed are in areas of provincial jurisdiction. Oops. This election is already so, so very stupid.

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Roundup: Predictable drama, unpredictable overreach

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The outcome of yesterday’s “emergency” meeting of the Commons ethics committee was not unexpected – that the Liberal majority on the committee declined to pursue the matter, and it would go no further, while the Conservatives and NDP wailed and gnashed their teeth to the assembled media outside of the room, ensuring that their media luminaries like Lisa Raitt and Pierre Poilievre were there for the cameras instead of their regular committee members. Also predictable was Elizabeth May’s moral preening that she wanted this to be “non-partisan,” which was never going to happen. It was not unexpected that “maverick” Liberal Nathaniel Erskine- Smith would stand apart and vote to hear from the Commissioner – albeit for different reasons than the Conservatives wanted, which for Erskine-Smith was to get answers as to his thinking because Erskine-Smith is in the camp that the Commissioner got the law wrong (and he’s a lawyer, so he’s perhaps better equipped for this kind of statutory interpretation than some other critics).

https://twitter.com/EmmMacfarlane/status/1164239833235111936

But there was one completely bonkers event that happened that should be alarming for everyone involved, which was when Lisa Raitt moved a motion to have the committee summon journalist Aaron Wherry in order to get his notes and interviews with Trudeau for his newly released book, because Raitt claims that Trudeau breached Cabinet confidence in how he detailed his meetings with Jody Wilson-Raybould. First of all, the notion that he can breach Cabinet confidence is absurd because he’s the prime minister – he can pretty much determine what he wants to keep confidential; and secondly, summoning a journalist to testify at committee is a very, very bad and stupid thing, and it’s utterly mind-boggling that Raitt didn’t see this. It’s even more egregious that Peter Kent, former journalist (and now profligate conspiracy theory monger) voted in favour of Raitt’s motion. Fortunately, the NDP had enough sense to distance themselves from this huge overreach, but it’s galling that she would even propose it in the first place. (Also ridiculous is this notion that there is some kind of criminal obstruction of justice at play, but that’s also the narrative that they’re putting forward as they performatively demand that the RCMP investigate – because calling on the RCMP to investigate your political rivals isn’t totally a banana republic move). Politics and playing to the cameras can make MPs do dumb things, but this was alarming in how far they were willing to take this to score points.

https://twitter.com/EmmMacfarlane/status/1164261091591053313

Meanwhile, Chantal Hébert reads the polls to see that the Commissioner’s report hasn’t really hurt the Liberals, meaning that pursuing this has diminishing returns for the Conservatives, and she parses what that could mean in the weeks ahead.

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Roundup: Unserious knee-jerk suggestions

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As expected, some of the sillier suggestions for avoiding future SNC-Lavalin-type Affairs have started cropping up, and yesterday, Policy Options hosted one from the head of the Canadian Taxpayers Federation. His suggestions? Splitting the role of Attorney General and Justice Minister, and to ban omnibus bills.

On the former, it’s clear that he didn’t actually read the McLellan report beyond the headlines, because he would have seen – as Paul Wells pointed out so ably in his own piece – that the guidelines that McLellan puts forward in the report would have prevented this whole sordid affair before it got off the ground. (Side note: It may not have prevented Jody Wilson-Raybould from being shuffled, given the lack of competence she had demonstrated in the role overall, and Scott Brison was going to retire regardless, so that likely would have happened, but the fallout may not have gone quite the same way). There is no reason given in the Policy Options piece for rejecting McLellan’s advice – just that the whole Affair has damaged the public confidence. So that gets a failing grade.

As for the suggestion to ban omnibus bills, he doesn’t quite grasp the magnitude of the suggestion. He claims, not incorrectly, that they exist for the sake of efficiency, but that efficiency is largely because there are many pieces of legislation every year, where if you introduced individual bills for each component – such as around technical changes in a budget implementation bill – Parliament would grind to a halt. There is a time and a place for omnibus bills – the difference is when they are being used abusively. The Conservatives stuffing changes to the Canadian Environmental Assessment Act into a budget implementation bill? That’s abusive. The Deferred Prosecution Agreement provisions being put into the budget bill? It’s borderline, but it wasn’t hidden or snuck through – it was in plain sight, the committees in both Houses each saw it and dealt with them (albeit less effectively on the Commons side), and the Commons has new rules to deal with splitting up votes on omnibus bills. Ironically, if the DPA legislation had been put forward as a separate bill, it likely would have languished until swallowed up by an omnibus justice bill, as happened to several other criminal justice reform bills over the course of the last parliament (speaking of Wilson-Raybould’s ability to manage her own bills). But the suggestion to simply ban all omnibus bills is unserious and jejune, and a perfect example of the kind of knee-jerk suggestions we’re going to see plenty of in the days ahead.

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Roundup: Clarity on “partisan” ads

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That report that climate change advocacy could be considered “partisan” during the writ period had a lot of people talking yesterday – but the problem is that it seems to have been a bit overblown, which I’m chalking up to Environmental Defence overplaying the advice from Elections Canada, and The Canadian Press reporter not getting enough context around that advice. In any case, Elections Canada was playing some damage control, specifying that it had to do with paid advertising and not advocacy writ-large, while various party leaders took shots at the absurdity of it all. And to walk through some of it, here’s Jennifer Robson to allay some of your fears.

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Roundup: Narratives about radicalization ahead

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One of the sub-plots from the 2015 election is about to get a rerun as the UK decided to revoke citizenship from “Jihadi Jack” Letts, who has joint-UK and Canadian citizenship. That essentially leaves him with only Canadian citizenship – dumping their problem on our laps (likely in contravention of international law, incidentally). And that means a return to Trudeau’s decision to revoke a Conservative law that would have had a similar effect in Canadian law, because as you may recall, “A Canadian is a Canadian is a Canadian.”

Where this will be compounded with the Conservative talking points that Trudeau thinks that returning fighters are “powerful voices” that can be reformed with podcasts and poetry lessons – which is a gross distortion of both Trudeau saying that people who were de-radicalised (not returning fighters) could be those powerful voices in their communities, and de-radicalisation programmes themselves, which again, are not for returning fighters but preventing people from taking that step once they’ve been radicalised. And lo, they will talk about how “naïve and dangerous” the notion that returning fighters can be de-radicalised is, when all of the things they point to are about de-radicalising people before they leave the country or do something violent here. But why should they let truth get in the way of a narrative?

Meanwhile, Letts’ parents are imploring the Canadian government to do something, and they are prepared to move here if that helps, but it also leaves questions as to what Letts may be charged with – though there is no evidence he was actually involved in any fighting. Nevertheless, it’s a problem the UK dumped on us that will become a partisan election issue, with all of the nonsense that entails.

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Roundup: Trying to play the tough guy

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Now that the Ethics Commissioner’s report is out in the open, the Conservatives are doing their best to try and capitalise on it – both with the coming Ethics Committee meeting (that is going to be shut down), and in Scheer trying to look tough on the issue. After calling on Liberals to essentially turn on Trudeau – something that would be far more effective if this were the era of caucus selection of leadership so that they could hold him to account – he also decided to take matters into his own hands at the National Acadian Day festivities in Dieppe, New Brunswick, earlier this week. When Trudeau spotted Scheer in the crowd, he came over to shake his hand, and, camera rolling, Scheer told him “You have to stop lying to Canadians. You need to come clean.” Trudeau, true to form, responded with a nonchalant “Oh, this is a good day today,” and went back to glad-handing with the crowd. Scheer has been trying to make the video go viral, but…he looks kind of awkward in it, like his attempt at being tough and in Trudeau’s face were essentially laughed off. I’m not sure how this bolsters Scheer’s case, but, well, he’s trying to convince his online audience of it.

There were also tongues waving and actual salivation over the revelation that the RCMP had been in touch with Jody Wilson-Raybould after the allegations first surfaced in the Globe and Mail back in February, but nothing has come of it since, and PMO assured the CBC that they had not been contacted by the RCMP. (I find it hard to believe anything will come of that either, given that there’s nothing they could charge them with – and no, this can’t possibly be obstruction of justice because a DPA is not getting off scot-free).

Meanwhile, a bunch of people are trying to be clever about Trudeau’s refusal to apologise for this situation by contrasting it with all of the various official apologies he’s made for historical injustices, as though there can be a actual equation of the two. Worth reading, however, is this thread from a legal analysis of the Ethics Commissioner’s report, and it pokes a number of holes in it, rendering it all the more problematic (which isn’t to say to say that there wasn’t any wrongdoing).

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Roundup: The inevitable committee bat-signal

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And now, the hangover from Wednesday’s Ethics Commissioner’s report, starting with the inevitable demand from the opposition parties that the Commons Ethics Committee reconvene for an emergency meeting to hear from the Commissioner, plus a list of witnesses, to fully explore the whole thing in front of the cameras yet again. And while a meeting has been called for next Wednesday, it will inevitably be that the Liberals on the committee (or rather, those from nearby ridings who have come to the meeting to fill the seats) will say that with the report, we’ve heard everything we need to and Canadians can make a decision in October, and deny permission for the meeting, which will then be followed by the other parties bemoaning the cover-up and secrecy, and then we’ll move onto campaigning. As you do.

Elsewhere, we heard from Jody Wilson-Raybould who said that the revelations about how deeply SNC-Lavalin was working with the department of finance was a surprise to her. Jane Philpott said she felt sad by the whole affair, and troubled by the attempts to discredit Wilson-Raybould in the prime minister’s submissions to the Commissioner, and she thinks an apology is warranted. Trudeau, however, is steadfastly not doing so. Mario Dion thinks that his office needs the power to levy sanctions for breaches like this one, as there currently aren’t any. SNC-Lavalin will be carrying on with their Federal Court of Appeal bid to get judicial review for the Director of Public Prosecution’s decision not go discuss a DPA with them.

Another emerging theme from this whole sordid affair is the issue of the post-retirement careers of Supreme Court of Canada justices, several of whom became embroiled in the affair. Amid calls for new rules around what constitutes proper activities for these retired justices, there does seem to be a recognition by the current Chief Justice and the Canadian Judicial Council that there may be an issue, and they are having these discussions.

Meanwhile, Chris Selley notes that the Commissioner’s report seems to impugn the way that governments do business, especially when they make a big deal about investing in a company and showing up with a giant novelty cheque (though we’ve seen a lot fewer of those under this government than the previous one) – and he thinks it’s about time. Law professor Errol Mendes details how Dion has made a serious misinterpretation of his enabling legislation and jurisdiction in the creation of this report, which should be concerning (and We The Media need to be far less deferential to Officers of Parliament because they are not always right).

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Roundup: Competence, communication, and the Commissioner

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Yesterday was political theatre in the extreme, as the Ethics Commissioner, Mario Dion, released his report into the Double-Hyphen Affair. His conclusions were damning for Trudeau (but suspect – more on that a little later), and there was some genuinely troubling revelations in there, such as the fact that it seems that it was lobbyists from SNC-Lavalin who were the ones who suggested putting the Deferred Prosecution Agreement legislation in the budget, and seemed to be attempting to stage-manage the whole thing – right up to dreaming up elaborate schemes to try and bring former Supreme Court of Canada Chief Justice Beverley McLachlin into the fold, only for her to tell them that she’d wait to hear from Jody Wilson-Raybould. (Reminder: DPAs are not an invention of SNC-Lavalin, but have been a tool in other countries for over a decade, and Canada was a laggard in adopting them, and even then, we didn’t do a very good job of it, and yes, there is a lengthy paper trail of the consultations undertaken by the government on this. Also, they’re not a get out of jail free card – they do involve penalties, but would enable the innocent employees and shareholders of a company to not suffer for the actions of a few). As troubling as this is, my biggest takeaway is the absolute crisis of competence within this government – officials in different ministers’ offices who didn’t communicate with one another, which was compounded by Wilson-Raybould not offering any explanations for her decisions so that they could be communicated to either SNC-Lavalin or even the other departments. Recall that the infamous Wernick call that Wilson-Raybould was prefaced by Wernick that he was looking for an explanation, and ended when Wilson-Raybould said that she turned over a report to PMO weeks previously, to which Wernick responded “That’s news to me.” If Wilson-Raybould was being continuously bombarded from all sides, it’s because there was a lack of clear communications from all sides. Was that improper interference? Well, that’s a bit of a judgment call, though Dion argued that it was. You can take that for what you will.

With the release of Dion’s report came the release of Anne McLellan’s own report into the structure of the Minister of Justice and Attorney General’s office, which ultimately concluded that the roles didn’t need to be separated, but that clearer guidelines needed to be established – including better communication from the Attorney General on decisions that were of interest to the government.

(Meanwhile, here are some primers on the Shawcross Doctrine, who Mario Dion is, and a timeline of events).

As for reactions, Andrew Scheer was predictable in saying that this was “unforgiveable,” decried that this was the first prime minister in history to have been found to have broken ethics laws (laws that only applied to two prime ministers, so that history is pretty short), and that he wants the RCMP to investigate…something. We’re not quite sure what. Unsurprisingly, Wilson-Raybould issued a statement shortly after the release of the report, saying that she has been completely vindicated. Trudeau himself said that he doesn’t agree with all of the conclusions – particularly that you can never debate an issue with the Attorney General – but said he accepted the report and took responsibility, and that they would learn from it – and lo, they have the McLellan Report to draw more of those lessons from as well.

What virtually nobody actually made any mention of, save a handful of lawyers, was the fact that the Commissioner’s findings resulted from a very large overreading of that section of the Conflict of Interest Act – so much so that it was hard to see how his understanding of “private interest” fit in with the definition of a conflict of interest. In fact, in the report, Dion stated that the initial complaint was under Section 7 of the Act, and while found that was not violated, he then decided on his own volition to see if Section 9 wasn’t a better fit, and then showcased how he jumped through a number of hoops to arrive at that conclusion. He also complained that he wasn’t given access to documents that fell under Cabinet Confidence, and argued that his mandate made that access “implicit” rather than explicit, which should be a warning sign of an Officer of Parliament that is trying to claim more powers than Parliament originally allocated to him. That should be concerning – as is the fact that everyone credulously cherry-picked the damning paragraphs from the report rather than looking at it in context, and the fact that the basis for those conclusions are actually problematic. This doesn’t mean that wrongdoing didn’t occur – just that the report itself was arrived at by a great deal of overreach, which should colour the conclusions, but nobody in the media did any of that critical thinking.

In hot takes, Chantal Hébert was first out of the gate, to wonder if this would be a fatal wound for Trudeau given how scathing the report was. Robert Hiltz castigates Trudeau’s inability to apologise because that would mean that the government was acting in SNC-Lavalin’s interests and conflating it with that of the country. John Geddes wonders why SNC-Lavalin never took Wilson-Raybould up on her offer to pass along their public interest arguments to the Director of Public Prosecutions (and the answer is fairly unsurprising). Andrew Coyne says the problem is not any conflict of interest, but the possibility of an abuse of power. Paul Wells notes the report is another reminder to Trudeau that his is a job where he makes decisions that have consequences, which he may not seem to grasp.

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Roundup: These aren’t the bots you’re looking for

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The discussion of misinformation, “junk news,” and bots have been going around a lot, as have the notions of what journalists can and should be doing to fact-check these things. To that end, here’s a thread for thought from Justin Ling about how this can be working against us in the longer term:

And national security expert Stephanie Carvin adds a few thoughts of her own, to contextualize the problem:

https://twitter.com/StephanieCarvin/status/1161424183185854464

https://twitter.com/StephanieCarvin/status/1161424186214158336

https://twitter.com/StephanieCarvin/status/1161424188500058112

https://twitter.com/StephanieCarvin/status/1161424197408702465

Chris Selley. meanwhile, respectfully suggests that if the government is so worried about online misinformation, that they stop pushing it themselves with their own particular bits of spin and torque that plant the same kind of false notions and expectations in people’s minds – and he’s absolutely correct.

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