Tag Archives: Abortion

Roundup: Profiles in courage

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After avoiding the media for over a week while questions about his personal positions on abortion and LGBT rights were being debated, Andrew Scheer called a press conference yesterday to say that Justin Trudeau was lacking in courage for not agreeing to the Maclean’s and Munk debates (well, he hasn’t agreed yet, but he also hasn’t said no). Mind you, the guy talking about courage and showing up has been avoiding the media for the past week, so that’s no small amount of irony. Oh, and he also accused the Liberals of trying to deflect from their record by dredging up Scheer’s statements on “divisive social issues.” That said, Scheer hewed strictly to talking points that continued to make cute distinctions between a hypothetical future Conservative government and backbenchers, and essentially said that they could put forward any bill they wanted and he wouldn’t stop them – only he wouldn’t say so in as many words. To that end, it’s also worth reminding people that as Speaker, Scheer went out of his way to ensure that anti-abortion MPs got speaking slots when the Conservative leadership was trying to keep them under wraps, so that might be a clue as to how he’d treat possible future private members’ bills.

This having been said, I now wonder if the strategy for the Liberals isn’t to just bring social progressives and Red Tories to their side, but to try and goad Scheer into painting himself in enough of a corner with trying to assure Canadians that no, he would squelch any anti-abortion or anti-GLBT private members’ bills – really! – in the hopes that it would discourage the social conservatives in Scheer’s base into staying home, thus driving down their voter turnout. It would be novel if that’s what it was, but I guess we’ll have to wait and see.

Meanwhile, the Conservatives put out a fundraising video yesterday featuring Stephen Harper, which is kind of ironic considering that they keep accusing the Liberals of dredging up Harper, only for them to do the very same thing. And with this in mind, I will often note that political parties these days have pretty much all hollowed themselves out into personality cults for their leaders, but with the Conservatives, they remain a personality cult for their former leader, Harper – that Scheer has had such a lack of personality or willpower to change the party to reflect him (though he did campaign on being Harper with a smile in the leadership, so that’s not too unsurprising). Nevertheless, bringing out the old leader in advance of the election is an odd bit of strategy that can’t speak too highly of the current leader.

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Roundup: Dubious studies on populism

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A study out of Simon Fraser University shows that a rising number of Canadians are only “moderately convinced” that we should be governed by a representative democracy – nearly 60 percent, which is up 15 percent since 2017. As well, 70 percent of those surveyed don’t feel that government officials care about the concerns of “ordinary Canadians,” along with rising support for populism and anti-immigrant sentiments. This shouldn’t really surprise anyone who has paid the least bit of attention to what is going on in the world, but let’s first of all get out of the way that these percentages are fairly shoddy reporting once you dig into the study, which finds that Canadians are still very much in favour of democracy, and that the representative democracy still figures better than the other alternatives (direct democracy, rule by experts, strong ruler, military rule), and much of the reporting on the anti-immigrant sentiment is fairly torqued.

To be clear, I have a great many concerns about the methodology of the study, which offers some fairly torqued binaries for participants to choose from and then tries to draw conclusions from that, leaving no room for the kind of nuance that many of these positions would seem to merit. As well, their definitions of populism are too clinical and don’t seem to really reflect some of the attitudes that those who respond to the sentiments, so I’m not sure how much utility this methodology actually has in a case like this (or in this other study which looks at pockets of “forgotten workers,” which at least admits there are no obvious answers to stemming the tide of this sentiment). Nevertheless, there is some interesting regional breakdowns in where certain attitudes are more prevalent than others, and which identified populist sentiments register more strongly in some regions over others.

This having been said, the questions on people feeling frustrated with how democracy works are pretty much why I do the work that I do, particularly with the book that I wrote, which is all about identifying where things are breaking down (reminder: It’s not structural, but rather the ways in which people are not using the system properly), and showcasing how it should be operated, which is with the participation of voters at the grassroots levels. But if we’re going to get back to that system, that requires a lot of people at those grassroots demanding their power back from the leaders’ offices, and that also means needing to get out of the thrall of the messianic leader complex that we keep falling into, going from one messiah to another once the current one loses their lustre (which I do believe also feeds into the populist sentiments, who also latch onto messianic leaders). This can’t just be people complaining about the quality of the leaders out there – it’s about how we feed the system. If we input garbage, we get garbage out of it, and this hasn’t connected in the brains of enough voters yet. One day, perhaps, it might, but we don’t appear to be there yet, and the torqued binaries of a survey like this don’t help us get any better of an understanding of what it will take for people to wise up and get serious about our democratic system.

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Roundup: Misleading his recruits

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After some confusion in the Conservative ranks, Andrew Scheer’s Quebec lieutenant, Alain Rayes, is apologising for misleading candidates in the province when he insisted to them that the party considered abortion a settled matter and that they wouldn’t allow any attempt to change the laws. Not so – Scheer’s actual pledge is that the government – meaning Cabinet – would not bring forward any bills, but the backbenches are free to do so, which is why anti-abortion groups have been busy trying to get their supporters nominated as candidates. And now the party and Rayes are saying that he just misheard Scheer’s pledge, which could put some of those Quebec candidates that Rayes recruited in a sticky position because some of them are saying that they decided to run for the Conservatives because they were assured that they weren’t going to touch abortion. Oops.

And this dichotomy of a hypothetical Conservative Cabinet pledges versus its backbenchers is one of those cute ways that Scheer can try to mollify the Canadian public while at the same time assuring his social conservative base that yes, he’s still the party for them, and he’s going to ensure that they have space to put forward legislation. From there, depending on whether or not they have a majority government and if so, how large it is, it comes down to counting votes to see if these kinds of bills have a chance of making it – and the current move in anti-abortion circles is to use backdoor attempts at criminalization through means like trying to create jurisprudence by means of laws that give a foetus personhood status through bills that treat them as such when a pregnant woman is murdered, for example, which they then plan to slowly extend to abortion services. It’s a long-term plan, but one that begins with getting enough anti-abortion candidates nominated and elected, so even though Scheer says his Cabinet won’t introduce these bills, as private members’ bills, they are unlikely to be whipped, and that leaves him to free his caucus to “vote their conscience.”

Of course, if he’s planning to be like Stephen Harper and assert pressure to ensure that these kinds of bills don’t make it through, then his courting of the anti-abortion community is hollow, and he’s lying to them, which will also be something that his base will have to contend with. But the clarification that only a hypothetical Cabinet wouldn’t introduce any anti-abortion measures is too cute by half, and relies on the fact that not enough people appreciate the difference between Cabinet and the backbenches, and why that distinction matters.

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Roundup: Enumerating promises

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CTV had a two-part look at the government’s record yesterday, both in terms of what they accomplished that changed Canada, and what they did not accomplish as promised. The accomplished list is not quite as interesting – gender balance, more refugee resettlement, restoring the long-form census, legalising cannabis – I’m not sure their “reforms” to the Senate are as much of an accomplishment as people may think given the broader unintended consequences.

The other list, however, strikes me as requiring a bit more nuance than was really offered in some cases. For example, not balancing the budget was in part because there was an oil crash at the beginning of their mandate that affected their figures, and it wasn’t really balanced when the Conservatives lost power (particularly given that they booked a bunch of fictitious savings for things like the Phoenix pay system and Shared Services Canada, which the Liberals had to clean up). That said, they did increase spending once revenues increased, so it is a bit more complex than the piece offered. Electoral reform? It wasn’t one of their biggest campaign promises, but one of a myriad that was simply overblown in many instances, but that aside, it again doesn’t quite capture that the attempt to explore consequences resulted in a hot garbage report that was unworkable at best, and was based on a stupid promise that evidence showed was not feasible (leaving aside that the Liberals stupidly didn’t bother to promote their own preferred system until it was too late). The Indigenous file is still rocky? If anyone thinks that centuries of colonisation can be reversed in four years, well, that’s fantasyland, but it’s not as though there hasn’t been significant progress. The final, more nebulous point about scandals and “doing politics differently” is one of those unicorn promises that lets people’s imaginations run wild. For the most part, he did things differently than Stephen Harper did, but it wasn’t different enough or utopian enough for some people, and it qualifies as a failure, which I’m not sure is fair to anyone.

Speaking of stupid promises, the Ontario government is having to walk back on their promise to end “hallway medicine” in twelve months, and yeah, that’s not going to happen and it’s hey, it’s a complex and intractable problem that not even shovelling money at the problem is likely to solve. But it’s not like people believed anything Ford promised because it was only about their anger at Kathleen Wynne, right? But that’s what you get with populist blowhards – snake oil promises pulled out of their asses with no ability to implement them, but hey, so long as you keep them angry about the other guy/woman, then that’s all that matters, right? And nobody ever seems to learn.

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Roundup: The hollow discontent

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The Council of the Federation meeting has concluded, and Jason Kenney is again giving warnings about national unity, but given that his thesis is a house built of lies, one should probably take it with a grain or two of salt. There were the usual demands of higher healthcare transfers (ironic given that the premiers are largely conservatives, at least one of whom was in Harper’s Cabinet when he reduced the rate of increase on those transfers), and federal assistance with pharmacare, and the platitudes about increasing labour mobility – for which we’ll see if Kenney’s theatrical moves around unilaterally reducing a handful of the province’s trade barriers will get any traction. It was noticeable that he didn’t decide to join the national securities regulator, and for as much as Andrew Scheer tried to swoop in with press releases about how Justin Trudeau had “failed” on interprovincial trade, the reality is quite the opposite – after achieving the trade deal with the provinces and the negative list of barriers, they have made substantial progress on chipping away at it.

There was some disagreement – François Legault continued his opposition to pipelines (which throws a giant wrench into their visions of “national energy corridors” that are being used as code-words for pipeline access routes), and Brian Pallister and to a lesser extent, Doug Ford, sniped back at Legault about his province’s “secularism” bill, that the other premiers mostly didn’t say anything about.

When all was said and done, however, it became noticeable how hollow Kenney’s attempt to build some kind of coalition of discontent was – while he was trying to insist on a brewing unity crisis, all of the other premiers were pretty much “one or two disagreements, but we’re good otherwise.” Which kind of blows Kenney’s narrative out of the water – especially when he was forced to admit that the province doesn’t really want to separate. It’s a tacit admission that once again, this is just using lies to try and keep people angry because he thinks he can use that to his advantage, but not enough other premiers want to play with that particular bonfire.

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QP: In the shadow of the Raptors parade

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With all three main party leaders at the Raptors parade in Toronto, Trudeau eventually addressing that crowd, it was up to Candice Bergen to lead off today, and she complained that the government just didn’t want to build any pipelines, even though they are due to approve the Trans Mountain expansion in just days. Amarjeet Sohi responded that they have ensured that pipelines are being built, and that they have concluded their consultations on TMX. Bergen demanded a date for when the TMX would begin construction, and Sohi dodged with a reminder that the Conservatives didn’t get any pipelines built to non-US markets. Bergen gave it another go, and Sohi reminded her that they had undertaken meaningful consultation. Gérard Deltell took over in French, lamenting that the Liberals wanted to kill the energy sector, to which Sohi found it regrettable that the Conservatives didn’t have any confidence in the sector. Deltell demanded a start date for TMX construction, and Sohi replied that Conservative actions didn’t demonstrate their own support of the project. Peter Julian was up next for the NDP, and he railed that there was no business case for TMX, and Sohi replied that the NDP didn’t understand the economy or the environment. Pierre-Luc Dusseault repeated the question in French, to which Sohi reminded him there is a diversity of opinion among First Nations along the route. Dusseault then demanded a wealth tax, per the NDP’s new policy platform, to which Bill Morneau reminded him of their Middle Class™ tax cuts and how the average family is now $2000 per year better off than under the previous government. Julian repeated the demand in English, and got much the same response.

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Roundup: An unusually partisan report

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The saga of Bill C-48 continues its strange trek through the Senate with the release of the report from the transport committee that recommended that the bill not proceed. Or at least that’s what it should have stated – that based on the tie vote, that the committee could not recommend the bill proceed. What they got instead was a lengthy screed about how allegedly terrible and the bill was for national unity, and it cherry picked comments from witnesses to “prove” that case, and strangely omitted any witnesses that stated – with facts – that the bill would have almost no impact on the energy industry in Alberta and Saskatchewan. In fact, the report was so partisan that it raised eyebrows among my sources in the Senate, who could not recall the last time that they had seen such a blatantly political document.

Naturally, not everyone on the committee was in favour of this report, and there are accusations back-and-forth about conversations regarding whether those who disagreed could write a dissenting report, and the eventual reluctance to bother because it would likely have tied things up in committee for even longer, as the clock ticks down. (Things are so bad on the Senate’s Order Paper that the need to sit well into July is now pretty much guaranteed). Of course, delaying this bill to death is part of the Conservative game plan, and everyone knows it – in fact, they pretty much have set up a situation where the Leader of the Government in the Senate, Senator Peter Harder, will have to invoke time allocation to get it passed.

The shenanigans with this bill aren’t done yet. There will be a great deal of debate when this report gets debated in the whole Senate, where it is doubtlessly going to be rejected, but not without a great deal of noise and accusations that the Independents are just Liberal stooges, and so on. And it’s going to be so annoying when it’s all over.

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Roundup: The report and its “legal imperatives”

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As expected, the MMIW Inquiry report was delivered in a ceremony yesterday morning, and the prime minister accepted the report at the ceremony and promised that a national action plan would be developed in concert with Indigenous people – but the fact that he didn’t echo the use of the word “Canadian genocide” from the report had everyone trying to make an Issue out of it (though he made a qualified use of the term at a speech later in the day in Vancouver). The overall theme of the report is that there needs to be a “decolonization” in order for things to get better – which is easier said than done. The report’s 231 recommendations are phrased as “legal imperatives,” but some of them are tremendously problematic or impractical. Some of it is useful – suggestions around policing (which the RCMP promises to review carefully), some specific recommendations about the “man camps” that accompany resource development projects in Indigenous territory, more Indigenous prosecutors and judges (but less helpful is the suggestion that they may require a separate judicial system). But far less practical “imperatives” included things like demanding that the government create jobs in Indigenous communities (because we have a command-and-control economy?), or the creation of a basic income for all Canadians (erm, you know how much that would actually cost, right? Right?). How those kinds of recommendations can be phrased as “legal imperatives” is in and of itself a problem.

And then we’re back to the “genocide” issue, which has sucked up a lot of the oxygen. The Commissioners asserted that it’s a different kind of genocide than the Holocaust or what happened in Rwanda (which had Roméo Dallaire objecting), but wanted to remove the qualification of “cultural” genocide that was previously used in the Truth and Reconciliation Commission report, and which was accepted by pretty much all facets of Canadian society. Expect this particular polarizing language to continue to dominate the discussion in the weeks ahead.

In hot takes, Chantal Hébert worries that the report’s fairly hardline, all-or-nothing approach will be an excuse for people to tune out rather than engage with its findings (much like the apocalyptic language around climate change has not had the desired effect of spurring action). Chris Selley, meanwhile, points out some of the glaring omissions in the report, the lack of some context when it comes to rates of murders of Indigenous men, for example, and some of the contradictory recommendations such as being against mandatory minimum sentences because they disproportionately affect Indigenous people – while calling for mandatory minimums that are punitive if victims are Indigenous women, never mind that most of the perpetrators will be Indigenous men.

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Roundup: From a bad bill to a useless one

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Rona Ambrose’s judicial training bill looks like it may have some life left in it, as Independent Senator Pierre Dalphond himself a former judge, has started making deals and compromises to see the bill go ahead in an amended form. Working both with the bill’s Senate sponsor and one of its critics, Dalphond has come up with an amended version of the bill which should address most of its critics, and apparently got a procedural deal passed in the Senate as a whole, which gave instruction for the legal and constitutional affairs committee to hold a special session next week to deal with the bill, outside of the normal process where it would be dealing with government business (which is the whole reason the bill hasn’t gone anywhere – the committee is loaded with government bills, which Senate rules state needs to take precedence).

The amendments would ensure that a judicial appointee must commit to sexual assault law training as designed by the Canadian Judicial Council, and administered by the National Judicial Institute – moves that address many of the concerns around judicial independence (which likely would have rendered the bill unconstitutional), and would have created conflicts of interest where the bill as it stands would demand that future judges need to be trained by sexual assault survivors groups – the same groups that would normally be called upon to be expert witnesses in trials. This help to address other concerns about the bill, such as access for lawyers who aren’t in urban centres, or that requiring training before application would tip off coworkers to those lawyers that they were applying for a position on the bench. I remain curious what other objections the Canadian Judicial Council still has about the bill, but I guess we’ll find out next week when they will likely appear at the committee.

This all having been said, we need to remember that the Canadian Judicial Council has been seized with this issue for a few years now and has been ensuring that there is better training for judges, which is as it should be – the system is already working. That means that Ambrose’s bill is really, if amended, just another bit of feel-good legislation that MPs keep burdening the Order Paper with. (Note that as it stands, the bill is likely unconstitutional and actually a very bad bill despite its good intentions). And as with so many feel-good bills, it takes up all of the space in the media for little actual benefit, but that’s politics these days, unfortunately.

https://twitter.com/adamgoldenberg/status/1132389428910088192

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Roundup: Federal jurisdiction wins again

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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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