Roundup: A few straw men and some rhetoric about immigration

Andrew Scheer gave another one of his “economic vision” speeches yesterday, this time on the subject of immigration policy. And while it was all “yay economic immigrants,” there were still a few questionable pronouncements throughout. It should be pointed out that off the top, he made a big deal about how they don’t want racists or xenophobes in the party (in apparently contradiction to the succour they gave avowed racists when they thought they could use them to paint the Liberals as the “real” intolerant party), and invoked his belief that we’re all God’s children so nobody is inferior regardless of race, religion, or sexual orientation, and if they didn’t like that, the door was that way. So there’s that.

As for the policies, they were not only deficient when it comes to detail, but there was some of his usual problems of straw man arguments and hollow promises. For example, he repeated his usual argument that privately sponsored refugees do better than government-sponsored ones, but nobody is disputing that, and nobody is arguing against private sponsorship, but there is a place for government sponsorship which has to do with the most vulnerable who need more timely relocation and who may not have private sponsorship lined up. And yet, it’s part of his dichotomy about private groups being better than government. He also vowed to stop irregular border crossings, and good luck with that, because it’s always going to happen, and unless he can also stop Donald Trump from threatening immigrants and refugees in his own country, it’s not going to stem the flow coming into Canada irregularly – it’ll just push them to more dangerous crossings. He also didn’t stop the usual rhetoric that pits immigrants against asylum seekers that this kind of vow just exacerbates, so that’s not exactly turning over a new leaf. He also promised that economic migrants would get their credentials recognised in Canada faster, but good luck with that because credentials recognition is a provincial responsibility, and the federal government has precious few levers there, and successive federal governments have tried to deal with this situation in the past and not had much success, ensuring that his promise is empty. But what was perhaps most frustrating was his talk about intake levels – and while he took a dig at Maxime Bernier for calling on them to be reduced, he also said that the level should change every year based on “Canada’s best interests,” which is a giant loophole for that same kind of talk about reducing levels for bogus reasons.

https://twitter.com/EmmMacfarlane/status/1133506929442131971

https://twitter.com/EmmMacfarlane/status/1133508491438624769

Meanwhile, the IRB says they need more funding if they’re going to tackle the asylum claimant backlog (which again, they inherited from the Conservative government) rather than just stabilize growth, which is what they’re projecting currently – but the real kicker here is that they’re still relying on faxes and paper copies rather than emails or electronic files, because they can’t share information effectively with CBSA, which should boggle the mind. And this problem was identified a decade ago (as was pointed out by Liberal MP Alexandra Mendès at Public Accounts), and it’s still a problem. I’ve talked to immigration and refugee lawyers who say that it’s a huge frustration for them that until recently, they couldn’t even schedule hearings by email. The IRB say they’re seized with the issue, but cripes, this should be embarrassing.

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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).

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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: 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: Green wins, and the AG’s report

After the Green Party won their second seat in Monday night’s by-election in Nanaimo–Ladysmith, it was inevitable that we would be subjected to a litany of hot takes about what this means for the upcoming federal election, most of which I’m not going to bother reading because frankly, I’m not sure it means anything at all. The Greens have been doing well provincially on Vancouver Island, where this riding is, and more than that, this particular candidate was once an NDP candidate who was booted from the party (apparently for views about Israel), and when the Greens picked him up, he won for them, while the NDP vote collapsed. Add to that, Green wins in BC, New Brunswick and PEI were also predicated by incumbent governments who had been in place for a long time (well, in New Brunswick, it was a constant PC/Liberal swap), and that’s not necessarily the case federally. While Justin Trudeau and Jagmeet Singh tried to spin this as “proof” that Canadians care about the environment (for which both will try to tout their party policies on the same) we can’t forget that Canadians want to do something about the environment in the same way that they want a pony – it’s a nice idea that nobody has any intention of following up on because it’s a lot of effort and mess. This has been proven time and again. I would also caution against the notion that this means that “progressive” votes are up for grabs, because the Greens, well, aren’t all that progressive. If you read their platform, it’s really quite socially conservative, and they had whole sections essentially written by “Men’s Rights Activists” because they have little to no adult supervision in their policy development process. So any hot takes you’re going to read about the by-election are probably going to be full of hot air (quite possibly this one as well).

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Auditor General’s Report

The big news out of the Auditor General’s report was of course the backlog that the Immigration and Refugee Board faces regarding asylum claimants in Canada. The Conservatives, naturally, have jumped on this to “prove” that the current government has somehow broken the system, but every single expert that was cited over the day yesterday said that the Liberals inherited a system that was already broken (some went so far as to say that the Conservatives deliberately broke it in order to force a crisis that would allow them to adopt more draconian measures – though those backfired in a spectacular way, worsening the backlog), and that they have taken steps to increase the IRB’s resources. I wrote about some of these issues a while ago, and the IRB was starting to streamline some of their processes and start making use of technology like email (no, seriously) that cut down on some of the bureaucracy they were mired in – but as with anything, these kinds of changes take time to implement and have an effect. But expect the narrative of the “broken” system to continue in the run up to the election. Meanwhile, here are the other reports:

  • Half of Canadians who call a government call centre can’t get through, which is blamed on technology that was allowed to go obsolete
  • The RCMP are still not adequately prepared to deal with active shooter situations.
  • Our tax system hasn’t kept up with e-commerce and needs modernization
  • The mechanism to prevent governments from doing partisan advertising has little documentation and rigour.

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Roundup: The rot Chong won’t address

Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Suspension as a first step

The Senate’s Conflict of Interest and Ethics Committee has considered the Senate Ethics Officer’s report into the conduct of one Senator Lynn Beyak and found her response to be wanting. Because she has refused to acknowledge wrongdoing and hasn’t removed the racist letters from her website, let alone apologise for posting them, they are recommending that she be suspended without pay for the remainder of the current parliament (meaning that it would end when parliament is dissolved and the writs drawn up for the election). Part of the thinking is that the time away – without pay or access to Senate resources – will give her time to think about her actions, and they suggest that the sensitivity training about racism and Indigenous history should be out of her own pocket. And if she still refuses to take action, they’ll look at having Senate administration take the letters down from her site (though nothing would stop her from moving them to a site that she hosts on her own), and if she still refuses action, well, they can revisit her fate in the next Parliament.

A couple of things to consider in all of this. First – it may help to re-read my column on the subject – is that they are likely recommending suspension because they will be very reluctant to recommend full expulsion without exhausting all avenues, and to afford her every single bit of procedural fairness and due process they possibly can in order to ensure that if it comes to that, that they will be on unshakeable ground. Setting a precedent for the removal of a senator should be done very, very carefully, and it has been argued in some circles that the reason why Senators Duffy, Wallin and Brazeau remain in the Chamber are because the need to be politically expedient in their suspensions and not affording them proper fairness essentially made it impossible to recommend expulsion in the future because they could plausibly argue that they hadn’t been afforded the due process. Consider that lesson learned with how they are dealing with Beyak.

I can’t stress enough that recommending expulsion is an extraordinary step, and they can’t just do it because she’s an unrepentant racist (even though she doesn’t see herself that way) – especially because part of the whole reason the Senate has such strong institutional protections is because Senators are supposed to be able to speak truth to power without fear of repercussion. But it’s clear that this isn’t what Beyak is doing, and they need to go to great lengths to prove it and to provide enough of a paper trail to show that there is no other choice to deal with her than expulsion, because this is a very dangerous precedent that they would be setting. More than anything, the measures they are recommending are done in the hopes that she does the honourable thing and resigns, though it remains to be seen if she will get that hint (given that she refuses to believe that she’s done anything wrong). This will be a slow process. People will need to be patient. Demanding her immediate removal will only make things worse.

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Roundup: Beating one’s chest over China

The current dispute with China doesn’t seem to be getting better, as the canola issue is apparently about to be compounded with things like soybeans and peas, and word has it that the Chinese government has been compiling a list of Canadian targets within the country that could face further retaliation, because we all know that this is about the arrest and extradition of Meng Wanzhou. While Trudeau says that more help for canola farmers is coming “in a few days,” China is taking its time in visa approvals for the scientific delegation Canada is trying to send in order to get answers from them on the supposed pests they found in our canola shipments.

Enter Andrew Scheer, who has declared that Justin Trudeau hasn’t done enough, and he demanded that a new ambassador be appointed (because that can happen at the drop of a hat), that the government launch a trade complaint against China at the WTO, and that the government pull its investment from the Asian Infrastructure Bank (never mind that Canadian companies are starting to win bids through it). Because beating one’s chest is obviously the way to deal with China, and there would be no possible consequences for doing so.

https://twitter.com/StephanieCarvin/status/1123023732610613249

One gets the impression from watching this that Scheer – or whoever is advising him – has no serious ideas for how to deal with complex situations like this. I mean, Scheer has also insisted that he somehow could have gotten a better New NAFTA deal and that he could have somehow gotten the steel and aluminium tariffs lifted by now, which is ridiculous, and yet here he is, demonstrating how “serious” he is about foreign policy, this time with China. Even more risible is the way in which he characterises the current government’s position as “appeasement.” Erm, except appeasement would have meant that they would have freed Meng by now, or did that “crafty” thing about warning her before she could have been arrested so that she could have avoided the trip altogether (as certain former political players in this town later told the media that the government should have done). You would think that the person who wants to lead the country would try to be a bit more serious about his foreign policy, but this is where we are.

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Roundup: Anger over vilified legislation? Shocking!

Over on the Financial Post’s op-ed pages, Senator Richard Neufeld worries about all of the angry Canadians the Senate’s energy committee is hearing from over Bill C-69. I have no doubt that they are hearing from angry people, because there has been a massive disinformation campaign around this bill from the start. The Conservatives and their provincial counterparts in Alberta have dubbed it the “no more pipelines” bill, even though it’s nothing of the sort. Neufeld worries that the bill means that we can never have any more major projects in this country, which is absurd on the face of it, but hey, there are narratives to uphold.

I’ve talked to a lot of environmental lawyers about this bill, and the potential amendments that it could merit. It is certainly not a bill without flaws, and the government seems to have acknowledged that (and apparently there is some kind of gamesmanship being played right now, where the government has a list of amendments they want to introduce at the Senate committee via one of their proxies but they won’t release them ahead of time for some reason). This having been said, there seems to be no acknowledgment of a few realities – that the current system that the Harper government put into place isn’t working and has only wound up with litigation; that we simply can’t bully through projects past Indigenous communities anymore, because Section 35 rights mean something; and that the bill sought to eliminate a lot of heavy lifting by putting more consultation on the front end so that projects could be better scoped, and that it would mean not needing to produce boxes of documents that nobody ever reads in order to check boxes off of lists as part of the assessment process. This is not a bad thing.

But like I said, there are problems with the bill, and Neufeld lists a few of them in passing while trading in more of the myths and disinformation around it. But so long as that disinformation campaign goes unchallenged – and this includes by ministers who can only speak in talking points and can’t communicate their way out of a wet paper bag because they’re too assured of their own virtues that they don’t feel the need to dismantle a campaign of lies – then the anger will carry on, and when this bill passes in some amended form (and it’s likely it will), then it will simply become another propaganda tool, which should be concerning to everyone – including those who are weaponizing it, because it will blow up in their faces.

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