Roundup: Intelligence and context

There was a lot of flurry yesterday about supposed revelations made in Federal Court that CSIS has been spying on peaceful environmental groups. Except, people who used to be at CSIS, will tell you that’s exactly not the case. And the reporting on this hasn’t exactly helped either because it’s in a very defined frame with tropes that somewhat credulously take what these groups are saying and putting it with the redacted documents and drawing conclusions, that again, people who used to work there, will dispute, and those voices aren’t in the reporting. So here’s Stephanie Carvin and Jessica Davis, both of who used to work at CSIS, offering some proper context for what those documents say.

https://twitter.com/StephanieCarvin/status/1148217645986131969

https://twitter.com/StephanieCarvin/status/1148217647852642304

https://twitter.com/JessMarinDavis/status/1148233105825812480

https://twitter.com/JessMarinDavis/status/1148235622529818625

https://twitter.com/JessMarinDavis/status/1148235624580833283

https://twitter.com/JessMarinDavis/status/1148235626380181505

https://twitter.com/StephanieCarvin/status/1148301752770408448

https://twitter.com/StephanieCarvin/status/1148222236832215040

https://twitter.com/StephanieCarvin/status/1148230145968418817

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Roundup: The premiers’ pre-meeting

While a Council of the Federation meeting will be happening this week in Saskatoon, Jason Kenney has been planning a pre-meeting for several premiers at Stampede, last night and today. It’s an interesting bit of dynamic because while Kenney is one of the most junior members of the Council (with only PEI being more junior), he’s trying to act like a bit of a ringleader for the various conservative-led provinces as they wage war against Justin Trudeau and the federal government. We’ll see how well that goes over.

Meanwhile, John Horgan says he’s hoping that they can use this meeting to get something accomplished, and that it won’t be a number of premiers trying to have a stand-off against Trudeau in advance of the election. But given that several of those premiers have been having public tantrums over the carbon price, two of them now having lost their court challenges, I’m quite certain that they’re going to have some kind of theatrical blow-out for the sake of Andrew Scheer to come in and try and look statesmanlike. (Have I mentioned that fixed election dates are garbage?)

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Roundup: Ending a sitting on a witch hunt

Alberta’s legislature wrapped up its session last night, and it saw the passage of bills that included rolling back protections of LGBT students in schools, changing overtime rules and cutting wages for students, not to mention Jason Kenney spending millions of taxpayer dollars to promote conspiracy theories and to conduct a witch-hunt against people who say mean things about the oil industry. So much of it would be cartoonish if there wasn’t such a worrying trend of Kenney simply lying to keep his population angry. And if you pay close attention to this Postmedia wrap-up of the sitting, it doesn’t call out the moments when Kenney egregiously lied (especially around the stunt with the ear plugs) and the story just both-sidesed the whole thing. We’ve taught them that they can get away with lying, so they’re doing it with impunity.

Meanwhile, here’s Stephen Maher on the witch hunt public inquiry, and Andrew Leach has been throwing shade at the whole thing, which is always worth a read.

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Roundup: More trouble in Rideau Hall

The news out of Rideau Hall is rarely good these days, and yesterday, it was about high levels of harassment and job dissatisfaction being reported by the staff there. I’m not entirely surprised by this, given that most of the established and long-time staff abandoned it shortly after Julie Payette was named governor general, because she and her hand-picked secretary (who had no government or Crown-related experience) essentially made everyone’s lives miserable. This after it was revealed that Payette still refuses to move into Rideau Hall because she’s unhappy with the lack of privacy there, while she has decided to decamp to the Citadelle in Québec City – her other official residence – for the summer. (On that note, it’s probably the most use the Citadelle has had continuously in quite a while). All of this makes one wonder if she wasn’t told when she was offered the position that it’s a very public role and that living in an official residence would come with issues like staff being in the building at all hours. It seems odd that she wouldn’t have known this going into the job (and possibly a sign that Justin Trudeau and his office did a terrible job in either selecting her or preparing her).

Meanwhile, I remain concerned that we’ve heard nothing from the PMO about how they’re planning to replace the lieutenant governor of Saskatchewan following his untimely death this week, because the provincial government will be paralyzed until that is filled. If we had a functioning vice-regal appointments commission, there would have been more names from a short-list on record that could be drawn from fairly easily for a replacement, but now it’s an opaque box, and if there is another Judy Foote-like appointment in the works, that could be yet another self-inflicted wound for this government.

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Roundup: Proving the SCC’s point

It was only a matter of time after Alberta premier Jason Kenney announced that he was reviving his province’s sham Senate “election” laws that the two so-called “elected” senators from the province started chiming in, and lo, Senator Tannas did just that on the Alberta Primetime politics show on Alberta’s CTV affiliates this week. During the hugely uncritical interview, Tannas proclaimed that getting an “endorsement” from the public gives him the right to speak up “more forcefully,” and that he and fellow “elected” Senator Black are “listened to differently” because they of their special status.

Let me remind you what the Supreme Court of Canada said when it comes to consultative elections – that it would give the Senate a popular mandate, which would change the constitutional architecture of the institution, and you can’t do that without a formal constitutional amendment. In other words, Tannas is proving the Supreme Court’s point – that his “election” (which was a sham, let’s be clear) confers upon him some kind of special authority, which is whole point. Now, Tannas did try to couch some of his criticisms for his nominally appointed colleagues from Alberta because he has to work with them, but amidst the myths about Bills C-48 and C-69 and the complete self-aggrandisement, there was virtually no pushback at Tannas about what the Supreme Court said, or the fact that the process that got him “elected” was a sham worthy of a People’s Republic.

There seems to be almost nobody pushing back against Kenney and his unconstitutional legislation and the sham that these “elections” really are. Why, here’s Don Braid with a lazy garbage take that lauds the farce that Kenney puts on because he’s swallowed the rhetoric about those bills whole, along with the fairytale nonsense about a “Triple E” senate and what it purports to do (never mind that the only thing it would do is create 105 new backbenchers with an overinflated sense of self). Repeat after me: Kenney is only doing this to invent a future grievance, while he lies about those two bills. It would be great if someone could be bothered to call him out on it.

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Roundup: Sensation over nuance

The big headline over CBC yesterday was that five of the six most recent federal judicial appointments in the province of New Brunswick all had some kind of ties to Dominic LeBlanc – never mind how tenuous those ties were. This of course led a bunch of Conservative apologists to compare this with the Dean French/Doug Ford situation in Ontario, which is absurd given that judicial appointments have a more rigorous merit-based system around them (more rigorous than it was under the Conservative era), and many of the French/Ford appointments had to do with whether someone was connected to French by family or lacrosse, many with no obvious competences in the roles they were appointed to. The Conservatives also declared that this was somehow related to both Loblaws winning a competition around fridge refits (no, seriously), and that this was reminiscent of the Arctic surf clam contract that LeBlanc was involved in wherein the definition of “family” used by the Ethics Commissioner differed from that in other statutes. (Not mentioned was the time when the Conservatives appointed most of Peter MacKay’s wedding party to the bench in Nova Scotia).

Reading deeper into this story, I found that some of the connections that were being highlighted were a bit dubious. The most dubious was the fact that one of the judges named was not actually someone that was recently named, but rather promoted to the Chief Justice of province’s Court of Appeal by Trudeau, though she was originally a Conservative donor and had been first named to the Bench by Harper. The fact that she bought a property from LeBlanc next to his summer cottage was deemed to be curious in this. Likewise the fact that two of them were part of a group that paid off LeBlanc’s leadership campaign debts a decade ago (each would have donated a few hundred dollars) is a pretty dubious link between them. The only one that might raise eyebrows is the fact that one of the five is married to LeBlanc’s brother-in-law…but even then, at what point do we start disqualifying someone whose relation is by marriage twice-removed?

The other bit of nuance that we can’t forget here is that New Brunswick is a very small province with a very small population, and legal circles in a province like that would be very tight – especially when you consider that the provincial political culture is far more nepotistic than the federal culture is. While the CBC piece cites a paper that says that people with political connections get judicial appointments at a rate double that in other parts of the country, but one has to remember that it can be harder to avoid, which is why fighting nepotism in those places can be much harder. And this is the point where people will bring up the fact that Jody Wilson-Raybould objected to the fact that names that were short-listed needed to be sent to PMO for vetting by the Liberals’ database, but again, it needs to be stressed that they need to go through all sources to check for red flags because the prime minister is politically accountable for those appointments. It’s called Responsible Government. Does that mean that these five appointments didn’t have some influence from LeBlanc tapping the justice minister and saying he wanted them appointed? Anything is possible, but it’s unlikely given the vetting process and the fact that most of these connections are tenuous at best. But it’s also regrettable that this kind of journalism strives for sensationalism and an attempt at being gotcha than it is with nuance.

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Roundup: Federal Government 2, Provinces 0

It was not a surprise that the Ontario Court of Appeal told Doug Ford to go pound sand with regard to its objections to the federal carbon price, which is exactly what they did in a 4-1 decision, affirming the Saskatchewan decision that the price is not a tax but a regulatory charge, and that it’s not unconstitutional. Ford, predictably, vowed to take this to the Supreme Court of Canada, and given that they agreed to hear the Saskatchewan case, it’s likely these two will be heard together, where you can pretty much bet that the majority of the judges there will tell Moe, Ford, and the likes, to similarly go pound sand. As for the dissenting judge on the Ontario panel, well, he has a pretty interesting history of his legal philosophy, and was unusually appointed directly to the Court of Appeal from his being a law professor.

Meanwhile, here’s some analysis, with threads by Andrew Leach, plus Lindsay Tedds on the whole tax/regulatory charge difference.

https://twitter.com/EmmMacfarlane/status/1144686800348340226

https://twitter.com/EmmMacfarlane/status/1144687790367674368

https://twitter.com/cmathen/status/1144706969493749761

https://twitter.com/cmathen/status/1144708330037874692

Meanwhile, the BC government’s lawyers were in Alberta court on Friday to argue for an injunction against the province’s blatantly unconstitutional “turn off the taps” legislation now that it’s been proclaimed, likening it to a loaded gun that they don’t want to go off accidentally. The hitch, of course, is the question of whether BC has standing to go to Alberta court over the case, so we’ll see what the judge decides there.

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Roundup: The menace of ignorant premiers

Occasionally a politician will say something so blindingly wrong and stupid that it makes me incandescent with rage, and yesterday the honour went to PEI’s new premier, Dennis King, who believes that because he’s in a hung parliament that he’s “not the government,” but that “we’re all the government.”

And then my head exploded.

King is the premier, which means he’s the government. And for him to try and abrogate his responsibilities in the face of questions from the opposition is a sickening lack of civic literacy and frankly spine. Trying to shame the opposition into “collaborative government” is frankly trying to avoid accountability. After all, when everyone is accountable, then no one is accountable, and that’s not how our system works. He’s the premier. He is responsible to the legislature for the decisions that the government makes, and while he’s trying to launder them through the opposition in the name of “collaboration,” that’s not how the system works. It doesn’t matter if it’s a hung parliament – that only means that he needs to work harder to secure the support of the opposition, not that they are in government with him. And yes, I’m enraged by this because he and everybody else should know better.

Alberta extremism

On another topic, this story out of Edmonton about extremist billboards calling for civil war against the rest of Canada, and promoting conspiracy theorism and outright lies about Justin Trudeau is extremely concerning because this is how illiberal populism happens. And Jason Kenney has a direct hand of responsibility in this, both by selling lies about the province’s situation and about what Trudeau is and is not doing, and by selling them snake oil in a bid to keep them angry because that’s how he gets votes. But as the anger won’t dissipate now that he’s in charge, he’s forced to try and keep the anger going in one way or another and hope that it doesn’t blow up in his face – hence why he’s inventing new grievances by things like his sham Senate “elections” – because unless he keeps trying to point that anger to new enemies, it will turn on him. I really don’t think he appreciates the monster he’s created, and these billboards are a warning sign that needs to be heeded.

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Roundup: Nepotism versus Responsible Government

As the nepotism scandal in Ontario picks up steam, with revelations that there were appointments made to lacrosse players and an MPP’s father, and more demands that there be a more independent review of the appointments that have been made, I think it’s time for a bit of a civics and history lesson about patronage appointments. In many ways, patronage appointments are how we wound up with Responsible Government in the colonies that became Canada in the first place – the local assemblies wanted control over who was being appointed to these positions rather than them going to people from the UK who would then come over to carry them out, and eventually we won that right as part of Responsible Government. It was also understood at the time that it was fine if the party in power put their friends into patronage positions because when fortunes turned and their rivals formed government, they would be able to do the same with their friends. That particular view we have, fortunately, evolved from.

Regardless of this evolution, the core fact remains – that under Responsible Government, it is the first minister and Cabinet who makes these decisions as they are the ones who advise the Governor General/lieutenant governor to make said appointment. It also means that they are accountable to the legislature for that advice, which is where the current nepotism scandal now hangs. There are going to be all kinds of Doug Ford apologists who say that this was all Dean French, that Ford didn’t know what was going on – even though he signed off on it. And that’s the thing. It doesn’t matter if this was French hoodwinking Ford because Ford is the one who advises the LG about the appointments, and Ford is responsible to the legislature for making those appointments (and for hiring French, when you think about it). And if his party gets too embarrassed by this particular scandal, well, there could be a loss of confidence in the offing (likely from within party ranks than the legislature, but stranger things have happened).

https://twitter.com/MikePMoffatt/status/1143639086231633920

On that note of accountability, we should also point out that with the appointment of yet more ministers and “parliamentary assistants,” there are a mere 27 MPPs left in the back benches who don’t have a role, which means that they will see themselves as one screw-up away from a promotion (and this is more salient in the provinces, where regional balances are less of an outright concern, and this government in particular seems less interested in other diversity balances). That does erode the exercise of accountability by backbenchers. So does, incidentally, a chief of staff who would berate MPs for not clapping long enough, but maybe they’ll grow a backbone now that French is gone. Maybe.

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Roundup: Solidifying the “new” Senate

Another day, another badly executed wrap-up article on the Senate, this time courtesy of the CBC, which again, has a badly misleading lede in which it claims that “Legislative changes that would have made it harder for a future prime minister to reverse Senate reforms have fallen through.” This is wrong – any changes to the Parliament of Canada Act that the government was contemplating would have had zero effect on the selection process for future senators. Why? Because that’s not governed by that Act, or indeed any piece of legislation – it’s part of the constitution, and clearly spelled out as a prerogative of the Governor-in-Council, meaning the prime minister and Cabinet will advise the Governor General as to who gets appointed. There is nothing that Trudeau could do to bind that advice legislatively – recall the Senate reform reference to the Supreme Court of Canada – that would require a constitutional amendment requiring seven provinces with fifty percent of the population to do.

What would changes to the Parliament of Canada Act regarding the Senate do? The actual proposals were to ensure that leaders of any parliamentary group in the Senate would get commensurate salary increases and resources to put them on par with the what is nominally the government and official opposition in the Senate, and the ISG has been pushing for this pretty hard, but they also were demanding to be part of consideration for vote bells, though I’m not sure why it would matter (particularly given that they have demonstrated time and again that they’re not reliable negotiating partners). But I also suspect that part of the reason why these changes didn’t get proposed was because there is some legal opinion that it would require some kind of buy-in from provinces to make this kind of change, so there was likely little time for the government to add this ball to all of the other ones they were juggling that late in the parliamentary calendar (despite the cries of the ISG). Of course, this hasn’t stopped the media from falsely framing these changes as affecting the selection process, as this has been cited by more than one reporter from more than one outlet, and it’s false.

The rest of the story is again more of the same voices opining on how great the “new” Senate is working, but we fortunately got a bit of pushback from Liberal Senator Lillian Dyck, who did point out that the lack of organisation among the Independents has held up bills and slowed down the process – and she’s right. But nobody wants to talk about that as they’re busy patting themselves on the back for “not being whipped.” There’s more to the Senate than that, and they need to get off this self-congratulation because things aren’t working as well as they like to claim.

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