Roundup: Independence and admissions of political ignorance

Somewhat unexpectedly, Jody Wilson-Raybould and Jane Philpott each announced that they would be running as independents in the next election, eschewing the Green Party (even after Elizabeth May said that she would even step aside as leader if Wilson-Raybould was interested in the job). Both of them made speeches that were variations of the same theme – that they want to “do politics differently,” that they were tired of parties, and wanted “non-partisan” ideas and to do things by “consensus” – all of which betrayed an ongoing naiveté and lack of understanding about Responsible Government and Westminster parliaments. Talking about “cooperation” and “non-partisan” ideas, or “consensus” sounds good, but it doesn’t understand how things actually get done. Partisanship when done properly (as in, not devolved into tribalism) is about having competing ideas – which is a good thing. Add to that, “consensus” may work in the Northwest Territories and Nunavut where you have small assemblies and a cultural predisposition to it, but it’s not the same in the House of Commons with 338 MPs – not to mention that consensus demolishes the ability to hold governments to account. When everyone is responsible, then no one is accountable. And sure, the pair might decry that there is “too much power in the centre,” but I’ve said time and again that the cause and solution of centralised power in our parliament is about the way in which we choose leaders, and done in a way that gives them an imaginary “democratic mandate” that they then abuse. Having more independent MPs won’t change that – assuming that they can get re-elected on their own. (Celina Caesar-Chavannes, incidentally, said that their speeches were “inspiring” and she too is now considering running again as an independent after previously saying she planned to bow out of elected political life).

In hot takes, Andrew MacDougall assesses what kind of stars would need to line up for either Philpott or Wilson-Raybould to win as independents, with Éric Grenier crunching the numbers of past independent MP victories. Chantal Hébert considers the long-game implications for the decision to run as independents, and how it lines them up for future moves or influence if the next election results in a hung parliament. Paul Wells looks to both history and Jerry Macguire to look at the lessons that this whole quixotic independent run amounts to, and how the lessons for other MPs may just be the opposite of what Philpott and Wilson-Raybould intend.

Meanwhile in Alberta, the UCP’s House Leader wants to ban floor-crossing in the legislature, which is complete patent nonsense and an affront to our Westminster system of government. Our system is predicated on how we elect individual MPs/MLAs as individuals, not as party ciphers – no matter what your calculus is in the voting booth. That’s why we don’t elect party lists or the likes. If the UCP can’t understand that, for as much as they like to talk a big game about respecting democracy and traditions, then it shows how craven they really are. All this move does is demonstrate that they view their own party members to be drones for the leader, at which point you may as well replace them all with battle droids and be done with it.

A reminder to Philpott, Wilson-Raybould, and Nixon – all of you may want to read my book in order to get a proper grasp of how Westminster democracies actually work.

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Roundup: A six-point sham

Over the weekend, Andrew Scheer went to Calgary to further outline his “economic vision,” which included a short-term six-party plan which…does nothing about the economy. Those six parts are to scrap the federal carbon price, repeal Bill C-69, repeal Bill C-48 and end any tanker ban in northern BC, establish timelines for project approvals, end the “foreign interference” in project approvals, and invoke the constitutional authority to build major projects. Do you see a pattern here?

To be clear, these six proposals are all, well, hot air. Ending the federal carbon price won’t get energy projects built – most oil and gas companies are in favour of it. Repealing Bill C-69 won’t help because the 2012 environmental assessment legislation the Conservatives put into place just wound up in litigation, and that will continue if he reverts to it. Ending the tanker ban won’t have any measurable impact because there are no pipelines in the area, no plans for any, and if he thinks he can revive Northern Gateway then he didn’t pay attention to the reasons why the Federal Court revoked its approval. Establishing timelines for approvals? Again, nice in theory, but without a framework behind it (like Bill C-69 would ostensibly provide), it will likely mean yet more litigation. That “foreign interference” in project approvals is largely the conspiracy theories that the conservative movement is clinging to (ignoring the foreign funds that go into their own thinktanks like the Fraser Institute). And that “constitutional authority” is not a magic wand, and would only sow confusion because any project that crosses a provincial boundary is already a federally regulated project, so there’s nothing to invoke. So Scheer’s “six point plan” should perhaps better be called a “six point sham.”

Meanwhile, here’s some further analysis of Scheer’s decision to back away from his pledge to eliminate the deficit in two years, whether it’s because of Liberal warnings of austerity, the unpopularity of Doug Ford’s cuts playing out in Ontario, or the desire to try and deprive the Liberals of their talking points. But it does also take the wind out of Scheer’s own rhetoric about the evils of deficits, particularly those that are small and sustainable like the ones we’re seeing right now.

https://twitter.com/kevinmilligan/status/1131728209018380288

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Roundup: Federal jurisdiction wins again

It should have been no surprise to anyone that the BC Court of Appeal rejected the province’s attempt to dictate the content of federally-regulated pipelines in a 5-0 decision. In other words, the province could not reject the transport of diluted bitumen through the Trans Mountain expansion by stealth, and in no uncertain terms. The province quickly announced that they would appeal this to the Supreme Court of Canada (though the 5-0 decision makes it more likely that they’ll simply say no thanks, and let the BCCA decision stand).

https://twitter.com/EmmMacfarlane/status/1131972145507164160

While Jason Kenney was quick to crow over the Twitter Machine about how this was great news for Alberta, it seems to me that it’s rather great news for the federal government, because it upholds that they continue to have jurisdiction over these pipelines, and lo, they didn’t need to do some song and dance to “declare” or “invoke” it – because Section 92(10)(c) isn’t a magic wand, and it was already federal jurisdiction in the first place because it crossed provincial boundaries. And just like with the Saskatchewan Court of Appeal decision on the carbon price reference, it again showed that yes, the federal government has jurisdiction. After all, Kenney kept saying that the federal government should invoke 92(10)(c) because there BC’s position on this case showed that there was apparently some confusion around jurisdiction. But there never was any confusion – BC was trying to be too cute by half, and it didn’t work for them.

Speaking of Kenney, he was apparently in Toronto having a meeting with the Globe and Mail’s editorial board yesterday, and said that investors looking at climate risk was “flavour of the month” and they should instead focus on all of those “ethical oil” considerations instead. The problem there is that climate risk isn’t flavour of the month – it’s an existential threat to our economy. The Bank of Canada realized this and now lists it as a major risk to the country’s economy. The insurance industry really knows it’s responsible for billions of additional dollars in their spending over the past couple of years alone, thanks to flash floods, major forest fires, and so on. And have those “ethical oil” lines ever worked on anyone? I didn’t think so. But expect more of them to be bombarded at us in the near future as his “war room” gets underway to wage their propaganda campaign in “defence” of the industry.

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Roundup: Harder tries to play hero again

After hosting most of the Alberta senators to a lunch in Edmonton, Alberta premier Jason Kenney has written a letter to Senator Peter Harder, Leader of the Government in the Senate – err, “government representative,” to say that he and the leaders of the other two main parties in Alberta are willing to accept Bill C-69 if they keep it as amended by the committee. Those amendments, mind you, were largely all written by industry lobbyists, and gut much of what the bill was trying to accomplish, which was an overhaul of the environmental assessment process, because what’s on the books now (which is the process that Harper gutted in 2012) isn’t working and is only resulting in court challenges.

And Harder? Well, after his whip – err, “government liaison,” Senator Grant Mitchell, has been pushing for the bills to pass largely unamended, Harder says that he now wants to send this bill as amended back to the Commons, as well as the recommendation that Bill C-48 (the tanker ban) – though I’m not sure how that would happen given the de facto committee recommendation is that it not proceed – and let them decide whether or not to keep the amendments. Let the government deal with it – or rather, wear the decision for not accepting the amendments so that Kenney will turn his ire to Trudeau, and not the Senate. Because Harder is such a hero like that (while making up parts of his job description that don’t actually exist).

Meanwhile, former Senator Hugh Segal is taking to the pages of the Globe and Mail to warn the Senate against defeating C-48 because he says it would contradict the Salisbury Convention. *sigh* No. The Salisbury Convention doesn’t exist in Canada, no matter how many times Harder of luminaries like Segal bring it up. It’s contrary to the Constitution, we don’t have the same historical reasons for why Salisbury was adopted in the House of Lords, and it also goes against the whole notion of a more “independent” Senate. Nor is C-48 an election promise so far as anyone can gather, which is a trigger for Salisbury – if it existed (which it doesn’t in Canada). There are plenty of reasons why the Senate shouldn’t defeat C-48, but making up that it’s contrary to Salisbury isn’t one of them.

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Roundup: Alberta sends the wrong (price) signals

It was Throne Speech day in Alberta, and sure enough, it contained an ambitious laundry list of upcoming legislation designed to undo much of what the NDP had put into place as a means of “restoring” the mythical Alberta Advantage. (Full speech here). Shortly thereafter, the promised Bill 1 to repeal the province’s carbon levy was introduced – pretty much guaranteeing that the federal carbon price will be imposed once the bill is enacted. It doesn’t repeal all of the carbon prices in the province, however – it merely shifts them to the largest polluters, which does nothing about the demand side of carbon consumption, and won’t shift consumer behaviours, nor will it do enough for those large emitters, because for all of Kenney’s talk about looking to protect the energy sector, he just shifted the bulk of the burden onto them. (It also won’t really help consumers because poorer households will be worse off now).

Meanwhile, here’s Andrew Leach to explain why Kenney’s repeal of the carbon price is handing a rhetorical victory to Ontario, and why the reliance on magical technology from the future to reduce emissions won’t happen if there aren’t proper price signals to spur its development.

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Roundup: Rationalizing a deciding vote

Yesterday, Independent Senator Paula Simons wrote a piece for Maclean’s to explain her vote last week that essentially ensured that the Senate’s transport committee would not vote to report Bill C-48 (the west coast tanker ban) back to the Senate without amendments. It’s a mere delay to the bill, ultimately, and it’s likely that the full Senate will vote to reject the committee report and may entertain another amendment or two at Third Reading, but I would be mighty surprised if this bill didn’t get pass largely unmolested. But as much as I do respect the good Senator, I will take exception to a few of the things she wrote in her piece.

The biggest thing I will always, always object to is when senators say that it’s not their job to defeat bills passed by the democratically elected House of Commons. That’s false – it’s absolutely their job under the Constitution – that’s why it has an unlimited veto. The question is when they should use it, and I’m not sure that this is a good example of a bill, because it doesn’t fail any particular constitutional tests (Jason Kenney’s nonsense rhetoric aside). But for as much as Simons prevaricates on the question of how appropriate it is to block bills in the newly empowered “independent” mindset of the Senate (insert more back-patting about the lack of whips here), she then says that the other tradition is to defend her region, which she did. I have reservations about this line of thinking, because it gives rise to parochialism and some of the flawed thinking that gave rise to a bogus school of thought that believed that a “Triple-E” Senate could somehow force the hand of a government with a majority in the Commons (rather than just become a repository for 105 new backbenchers). If she really were defending her region, she should remember that her region includes BC, whose northern coast the bill is intended to defend. As well, her concerns ignore the process that Trans Mountain has been undergoing for the past year – just because it hasn’t started construction doesn’t mean it won’t, and trying to provide an alternate route that was proved far more problematic in the past – witness the Federal Court of Appeal decision regarding Northern Gateway – I’m now sure that she’s doing anyone any favours by letting the rhetoric of Kenney and the oil industry dominate her thinking.

In the meantime, we should brace ourselves for another round of obnoxious talk about the “Salisbury Convention” (which doesn’t apply to Canada and never has), and about the original intent of the Senate. It won’t be edifying.

https://twitter.com/PhilippeLagasse/status/1130956002029916162

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Roundup: A weekend of Norman

Over the course of the long weekend, there was another push about the Vice Admiral Mark Norman story, but there were some problems in how this has all been unfolding. The National Post had a longread that was the first to interview Norman and his family about the ordeal, but in the process, in focusing on making Norman a martyr to his cause, I’m not sure that they did him any favours because it did seem to make it look like he did what he was accused of doing – this, while everyone kept tweeting about how enraging this story was on Norman’s behalf.

There were other threads – General Jonathan Vance, the Chief of Defence Staff, gave a somewhat exasperated sounding interview to state that the decision to suspend Norman was his and his alone, while the Globe and Mail reported that it was the former National Security advisor to the prime minister and the former Clerk of the Privy Council – both Harper appointees, it should be noted – that called in the RCMP to investigate the leak after their own internal investigation was inclusive. This blows up the narrative of the Conservatives that it was somehow a personal vendetta to destroy Norman’s career, or that the prime minister was personally directing this – though that narrative is also about trying to match up Trudeau’s stupid misspeaking about the Norman case likely winding up in court before charges were even laid that had them trying to spin a narrative about interference. (The Conservatives, meanwhile, keep hoping that there will be more embarrassing revelations, but they don’t seem to be coming). Likewise, the attempts to insist that the government was orchestrating the withholding of documents hasn’t actually matched up with the realities of the processes involved.

But while the Post story was curious enough, I found this analysis piece by the CBC’s Murray Brewster to have its share of framing problems, in saying that the allocation of responsibility was throwing people under the bus – like Vance (never mind that he admitted it was his decision). Brewster also seems to confuse the arguments that Crown prosecutors were making with those of “senior government officials” framing the prosecution, because I have never read anything about senior officials framing the prosecution – nor have I read anything coming from government or officials framing the allegations against Norman as an issue of civilian control, which is why I always found it odd because that’s at the heart of what was being alleged. Beyond that, Brewster wonders why the Liberals aren’t asking questions of the Conservatives about how they rewrote the rules on that procurement in the first place, or why the former Conservative ministers didn’t speak to the RMCP after the charges were laid, or why Norman would stake his career on this procurement – all questions that I don’t know why the Liberals would ask. They’re a little past holding the Conservatives to account because the Conservatives aren’t in power any longer, and it would seem to me that it would be more the role of journalists asking these kinds of questions of the Conservatives, as opposed to the government – perhaps more than trying to curry sympathy for Norman.

https://twitter.com/btaplatt/status/1128335527785193472

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Roundup: An economic vision without an economic case

Andrew Scheer gave the second of his policy keynote speeches yesterday, this one on his economic vision, and as could be expected, it was full of hyperbolic declarations about the size of the deficit (it’s tiny in comparison to our GDP), and the state of Canadian household finances (which have been growing). He promised that any new spending programmes would have to be paid for out of government “savings,” and in his pledge to balance the budget in two years, that would mean cuts. Of course, Conservative mouthpieces say this is easily enough achieved because they did it before (forgetting of course that the previous government had a habit of booking savings that were never going to be achieved for the sake of getting to a paper balance, like Shared Services Canada, or the Phoenix Pay System). The Liberals, incidentally, were quick to put out Bill Morneau to put a price tag on those cuts and warn that they would come out of families, and with the spectre of seeing what Doug Ford is doing to those families in Ontario, well, it’ll make things harder for Scheer.

The part that everyone talked about, however, was his grand vision of an “energy corridor” across the country where pipeline projects would magically cross the country with buy-in from Indigenous communities and everyone would be happy and prosperous, and we would have energy security and would never had to import oil from Saudi Arabia ever again. The problem with this fantasy picture, however, is largely economics. Even if Energy East were to get built, by some miracle, it would not have an economic case given that it wouldn’t be used for domestic oil in the eastern provinces as it would be far more expensive than the oil they’re importing. In fact, Energy East did not make it off the drawing board because there was no economic case – it wasn’t because there was opposition in Quebec (which has already achieved some kind of mythical status), but because there was no economic rationale for the company given that Keystone XL was back on the table. Scheer’s promise (other than the fantasy of it even happening) is that Alberta will either have to take a huge discount per barrel of oil, or oil prices in the eastern provinces start taking a major jump because they’re paying a lot more for it, and upgrade it from heavy petroleum and refine it (in refineries that would have to have been refitted, likely with yet more taxpayer subsidies). But since when should logic or basic economics be part of an “economic vision”? That would be silly.

Chris Selley offers a critique of Scheer’s rhetoric, but finds it more astonishing that it’s the Liberals’ own self-inflicted damage that is putting Scheer in a position where he has a reasonable shot of winning.

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Roundup: A blow to the tanker ban bill

The Senate’s transport committee voted last night to not proceed with Bill C-48, which bans tankers on BC’s northwest coast, but before anyone gets too excited, I would caution that it’s not the bill’s end. We just saw the Senate’s national security committee recommend changes to the gun control bill that would gut it, and those got overturned by the Senate as a whole, and I suspect we’ll see a repeat performance of that with this bill – but the Conservatives will put up a fight, and because this was one of the bills that they did not offer a final vote timeline in their agreement with the Leader of the Government in the Senate, Senator Peter Harder, they will dare him to invoke time allocation on this. (I plan to write more about this in column form later).

In the meantime, Independent Senator Paula Simons was one of the deciding votes on this, and she explains it all over Twitter.

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Roundup: Fighting on the economy

There are a couple of interesting threads out on the wires right now about the direction that the government is headed in as we head toward an election, and one of them is that Liberals in Ontario would rather their party fight the election based on the economy rather than the environment – this as the Liberals and NDP are trying to compete as to who can talk a better game on climate in order to head off the surge in Green Party support in the polls, and the recent Green by-election win. I’m sure this is going to be a very lively discussion behind the caucus room doors, and in the party’s election planning meetings, but that sentiment is clearly there.

At the same time, the Canadian Chamber of Commerce and the Business Council of Canada are expressing some displeasure with the government, but as Paul Wells notes here, some of it is a bit…dubious, such as demanding balanced budgets and lower taxes while the Americans are fuelling their tax cuts with trillion-dollar deficits. Wells also noted that both of these lobby groups aren’t really acknowledging that much of the drag on our economy is caused by outside forces – namely the brewing trade war between the US and China, and before that, Donald Trump’s threats to tear up NAFTA – and that these groups have studiously avoided talking about climate and the need to deal with our emissions. Nevertheless, there is a malaise between Corporate Canada and the Liberals possibly because the party seems to be setting their Blue Liberal base loose as they try to move further to the left in order to claim the space the NDP usually occupies, and that may wind up costing them in the longer term, if history is any guide.

Kevin Milligan, meanwhile, finds himself a bit puzzled at how little these same Corporate Canada voices have acknowledged the very significant changes that the government made in the fall economic update to deal with the US tax changes.

https://twitter.com/kevinmilligan/status/1127275895859716096

https://twitter.com/kevinmilligan/status/1127278184821444608

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