Roundup: Putting Freeland on the case (again)

With more attention turning to what’s happening around COVID-19, prime minister Justin Trudeau has created a new Cabinet committee to handle the situation, and he’s put Chrystia Freeland in charge of it. An important addition to the committee is Kirsty Duncan, who may no longer be in Cabinet but is nevertheless sworn in as a privy councillor, and the fact that she has expertise in pandemics and once studied the Spanish Flu epidemic, so chalk one up for bench strength there. Freeland says the response has to be both “whole of government” and “whole of country,” and her role as intergovernmental affairs minister is certainly part of that – given that provinces deliver healthcare for the bulk of the country – but one suspects this is also about having a reassuring communicator on the issue (because as we all know, this government can’t communicate its way out of a wet paper bag).

To that end, while certain opposition voices are demanding travel restrictions (which are proven not to work) or enhanced screening measures at airports, what we’re hearing from the health minister and the Chief Public Health Officer is largely that containment can only delay an outbreak – which is not a bad thing, because if it can be delayed by six weeks or so, that would get our healthcare system past peak flu season, which frees up beds and resources. And thus far, we have been lucky that all of the cases in this country can be traced to travel-related causes and not community transmission, which means that the measures taken to date have been working, but again, delay is the watchword. It should also be noted that we have largely avoided panic, which is pretty good (torqued headlines about demanding people start stockpiling notwithstanding).

With that in mind, the military has been ordered to being pre-pandemic planning out of an abundance of caution, given that they need to be able to continue to operate in the case of a crisis.

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Roundup: Party positions and individual agency

The weaponization of private members’ business continues unabated in Parliament, as the Conservatives put out an attack yesterday that claims that the Liberals want to “legalize” hard drugs because maverick backbencher Nathaniel Erskine-Smith tabled a private members’ bill that calls on the decriminalization of small personal amounts in order to better treat addiction as a public health issue and to not criminalize people with addictions – something that has worked in some countries. The lie, of course, is both in claiming that this was official government policy, and that it was calling for legalization – because who cares about truth or facts when there is fear to be mongered?

The bigger problem here? What it does to how private members’ business is treated in the House of Commons, and more to the point, there is a very big potential for this to blow up in Scheer’s face because of Cathay Wagantall’s sex-selective abortion bill currently on the Order Paper. And yes, let’s not be obtuse about this – the media feeds this particular weaponization, both in how they made this kind of abortion bill an Issue during the election, and how we both demand that MPs be both independent and yet castigate the leader for “losing control” when any MP shows any glimmer of independence. (And for the record, Scheer has not said anything about Wagantall’s bill, other than to have his spokesperson say that he “discouraged” such bills).

https://twitter.com/althiaraj/status/1234901634272178182

I know that everyone is going to be cute about these bills, and how if they get tabled the party “must” support the position because everything is so centrally controlled, and so on, but this is part of what poisons the system. Insisting that everyone be marching in lockstep from other parties ensures that the same insistence is made about your own party, and it removes any agency from MPs. They’re MPs, not gods damned battle droids. If we want drones to simply read speeches into the record and vote according the leader’s office, then why do we even bother with MPs? Why bother with parliament at all? The Conservatives’ release is embarrassing, and they should be ashamed of themselves for it (which of course would imply that they’re capable of shame, but I have my doubts about that one too).

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Roundup: Rights, title, and ratification

We got a few more details yesterday about the agreement reached with the Wet’sutwet’en hereditary chiefs on Sunday, despite a few TV hosts somewhat obtusely demanding to know what it meant for the Coastal GasLink pipeline – despite the fact that it was stated over and over again that this agreement did not have anything to do with that, and that the matter was unresolved. The crux of the agreement was an agreement on how rights and title would be extended for the Wet’suwet’en going forward, meaning that with any future projects, there would be clarity as to who would need to be consulted – which means the hereditary chiefs – and given the new impact assessment process that the Liberals instituted (under the infamous Bill C-69), those consultations begin at the earliest possible moment for these project proposals so that affected First Nations can be brought in from the get-go. What I found especially interesting was that Carolyn Bennett said that this was in accordance with UNDRIP principles, as free, prior and informed consent (which again she stressed was not a veto). And one imagines that this kind of agreement would be a template for others when it comes to unceded territory across the country.

As for Coastal GasLink, work apparently resumed on aspects of the project, but given that some of their permits were pulled by the province’s environmental assessment agency with a demand for more consultations, one supposes that the work is on areas that are outside of Wet’suwet’en territory. Meanwhile, one of the elected chiefs who is in favour of the project was doing the media rounds in Ottawa yesterday, and he said that while his people were discussing the ratification of the new agreement, he said that he was also willing to give up the economic benefits of the pipeline is that was what his people decided that they wanted as part of those discussions. We do know that matriarchs who were in support of the project were also in the meeting between Bennett, her BC counterpart and those hereditary chiefs, so the discussion within the community is very much alive, and we’ll see in a couple of weeks when the ratification process is supposed to be concluded, what the future holds for the pipeline.

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Roundup: Urging calm, patience, and police action

Yesterday was a long and very busy day, as everyone scrambled to get their say on the ongoing protest and blockade situation across the country, with a mounting economic cost to them. First thing in the morning, the AFN National Chief, Perry Bellegarde, and several First Nations leaders held a press conference to ask the Mohawk protesters to dismantle the barricades – not as surrender, but as compassion for those who would soon be affected by shortages – but one of those Mohawk leaders also noted that his band office has been locked out and protesters among his own people say they want him out. A short while later, Justin Trudeau gave a speech in the House of Commons to counsel patience and to reiterate that dialogue remained the best way to resolve the situation – something Andrew Scheer denounced as weak, and he continued to insist that the police end the protests, insisting that this was but a group of “professional protesters” and “radicals” and that the “real” position of the Wet’suwet’en people was for jobs and resource development (even though he later said he hadn’t actually spoken to any of them) – something that both Peter MacKay and Erin O’Toole also echoed, because police action has never gone badly before. Oh, wait. (Marilyn Gladu, for the record, wants the military to step in). Shortly after Trudeau’s speech, he had a meeting with Yves-François Blanchet, Jagmeet Singh, and Elizabeth May, and made a pointed remark that Scheer had not been invited because his remarks were “disqualifying” – which led to Scheer’s agitated breathy and high-pitched performance during QP. Oh, and while all of this was going on, some activists in Victoria tried to perform a “citizen’s arrest” on BC premier John Horgan (and they got arrested instead).

By the time the five o’clock politics shows rolled around, Carolyn Bennett had concluded a meeting with some of the hereditary chiefs – who stated on one of the shows that they wouldn’t actually negotiate until the RCMP were off of their territory – and Marc Miller refused to discuss whether that was on or off the table when asked, leading the pundits to make hay of that. (“He didn’t say no!” is the worst impulse in journalism, guys). Oh, and hilariously, Jody Wilson-Raybould offered her services as a mediator, as though anyone in the government would be willing to trust her. As the day wound down, Saskatchewan premier Scott Moe said he was holding a meeting of premiers today because Trudeau “refused to act” – though I’m not sure what exactly he proposes, unless it’s to try to direct provincial police forces to start cracking skulls, both violating the rule of law and making the situation worse. And that’s where we are.

Meanwhile, here is a good primer written by a lawyer and a law professor about what “rule of law” means and why it’s important – as Scheer and company keep misusing the term. Heather Scoffield sees the business impacts of the blockades and deduces that it will be impossible to resolve them both quickly and peacefully – it would have to be one or the other. Andrew Coyne counsels patience in threating the needle that the protests can both be illegal while still noting that using force will only create martyrs. Matt Gurney worries that if the blockades go on much longer, they could fuel populist anger and damage the cause of reconciliation. Paul Wells attempts to make sense of the day that was, and the Liberals’ high-wire act in the middle of it all.

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Roundup: A sledgehammer solution

Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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Roundup: The glitter of Gold in the Senate

At long last – and indeed, at virtually the last possible minute – prime minister Justin Trudeau finally – finally!named a new Leader of the Government in the Senate yesterday, independent Quebec senator Marc Gold. This wasn’t actually a surprise to those of us who’ve had our ears to the ground, but amidst the speculation of who Trudeau would name, many of them allegedly said no when they were asked (or at least said they did). The next question is who Gold can convince to come aboard as his deputy and whip (or “liaison” as they like to call themselves), because he won’t be able to replicate Senator Peter Harder’s too-clever-by-half trick of getting a former Conservative as his deputy and a former Liberal as his whip, so that he could insist that look, he was so non-partisan and independent in the middle of the two. Gold does sound like he plans to continue Harder’s half-pregnant fiction that he can be both independent and government “representative,” and has repeated the eye-rolling line that he “represents the government in the Senate and the Senate to the government.” Because no, that’s not actually how this works.

In an interview with CTV’s Power Play, Gold largely stuck to platitudes when asked how he will get big pieces of legislation through the Senate, insisting that the Senate will “rise to the occasion” and have “lively debate,” but would not say anything about things like, oh, negotiation. I will note that it was heartening to see that he did understand that the role of the Senate was to have a longer-range view and the less-partisan perspective, and kept insisting that it was a complementary body to the House of Commons, but his talk about the danger of it being an “echo chamber” of the Commons was a bit more off the mark. But countering this was the fact that he also seems to accept the false notion that these so-called reforms that Trudeau has been pushing somehow “returns” it to its raison d’être, which is not true in the slightest. It was never supposed to be non-partisan, and the more that people keep saying it is, misreading both the original debates on Confederation and the Supreme Court of Canada reference decision, the more it shows that we have an uphill struggle to keep these would-be reformers from doing lasting damage to the institution out of their well-meaning ignorance.

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Roundup: Promising an improper bill

As part of his press scrums coming out of pre-sitting caucus meetings, NDP leader Jagmeet Singh declared that the party’s first private members’ bill would be to make universal pharmacare a reality. And apparently no one in the media pushed back against this, because let me tell you, it’s a whole lot of hand-wavey bullshit, and it quite literally goes against the rules of Parliament.

For the uninitiated, private members’ bills have a very limited scope, and they are not allowed to spend public funds. To spend public funds, you need a Royal Recommendation, which only the government can provide. (It would have been nice if The Canadian Press article could mention that fact rather than simply say that PMBs have a tougher time passing). You can’t make pharmacare a reality without money, and given that it’s an area of provincial jurisdiction, it’s likely any bill would be unvoteable. In his release, Singh says he wants to legislate the necessary criteria by which provinces will get funding for the programme, which is a very interesting way to go about negotiating something that is in their area of jurisdiction. (Also, Singh’s constant line that Trudeau is somehow acting on the bidding of Big Pharma ignores that they are not happy with him, particularly over the changes the government made to the Patented Medicines Price Review Board – essentially, Singh is lying for the sake of a talking point he’s borrowing from the Justice Democrat crowd in the US). Singh also says that restoring the health transfer escalator will bring the provinces onside, which holy cow is a lot of money, but also ignores that the escalator was rising faster than healthcare spending, so it meant provinces were using that money for other things. But it’s only money, right?

You can’t just handwave this. I point this out over Twitter, and every NDP apologist under the sun insists that a) this is about keeping pressure on the government, and b) that the Liberals have somehow backed away from their campaign promise, which is false. The campaign promise was a $6 billion “down payment” while they negotiate with the provinces, because it’s largely provincial jurisdiction. They committed to following the Hoskins report, and already started with the creation of some of the necessary organizational tools necessary. A few days ago, the health minister said she couldn’t guarantee that it would happen during this parliament because it’s contingent upon negotiation with the provinces – provinces who are publicly reluctant, and we haven’t even broached the subject of how to negotiate a national formulary, which is a Very Big Deal and integral to any pharmacare system. And yet Singh was out promising that this could be done by 2020, because since when are these kinds of negotiations a problem? Yeah, that’s not how this works, kids, and lying about what Trudeau promised in order to justify Singh’s promises doesn’t make you a hero.

https://twitter.com/kevinmilligan/status/1220070604872671232

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Roundup: Ambrose rules out a return

It was a day of a lot of movement within the Conservative leadership race, with big repercussions to come. Early in the day, we got word that two more names were added to the Conservative race – rookie backbencher Derek Sloan, and failed leadership candidate (and aspiring narcissist) Rick Peterson. Sloan has already come out and said that he’s open to having a debate over abortion, and he’s putting forward this absurd notion that they need to stop being apologetic about being Conservative – which would be great if the party actually put forward conservative ideas like market-based solutions to problems rather than just populist pandering. Shocking. Peterson, meanwhile, is continuing his schtick that his business success is going to translate to political success, even though he did abysmally in the last election and couldn’t secure a nomination to run in the election, which shows you just how profound his organizational skills are. Nevertheless, expect him to position himself as the “Western” candidate in the race.

And then the big bombshell – Rona Ambrose announced that she is officially out of the race. It wasn’t a surprise really, especially as word has been circulating in Conservative circles that she hasn’t made any phone calls or secured any kind of organization while she considered her options. Nevertheless, it now opens the race wide open because a lot of people who had been holding their breath and waiting for Ambrose to make a move can now make their own moves. It also means that currently, Marilyn Gladu is the only woman in the race, which can’t be healthy for the party either. (It also makes me wonder who the Red Tory in this race is going to be, because it’s not actually Peter MacKay).

And just minutes after Ambrose made her announcement, another would-be candidate, former staffer Richard Décarie went on Power Play to expound on his social conservative views. It went as well as can be expected.

While most of the other candidates quickly came out to condemn these comments, there are a few things to note here – Décarie is worth following because he has attracted some organizational heft, particularly from those who were behind Tanya Granic Allen in Ontario, and it’s not insignificant, and when you recall that Brad Trost did come in fourth the last time around. There is a particularly strong social conservative organization within the party, and they do a lot of fundraising and organizing, and that can’t be overlooked when it comes to a leadership race, where those to factors are going to count for a lot more.

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Roundup: A likely missile strike

It was another day of shocking revelations as Justin Trudeau held another press conference yesterday to confirm that intelligence from many sources – including Canada’s own – gave a strong indication that it was indeed a missile that brought down flight 752 outside of Tehran, though it may not have been intentional. He struck a very somber tone, and continued to call for Canada’s participation in the investigation – while Iran’s spokespeople are denying that it was a missile, and so far only limited access is being offered to Canadians (though they are apparently approving the necessary visas for consular access). It’s also important to note that Trudeau specifically referenced Canadian intelligence sources, because it’s less likely (historically speaking) that it would be manipulated for political purposes, than if we simply relied on American intelligence.

Another term cropped up several times yesterday, which was the call for a “credible” investigation – another important consideration as it is likely that Iran may be trying to obfuscate and obscure part of the investigation in order to ensure that they can avoid the culpability for the incident, though we are hearing that lessons learned from crashes like MH17 over Ukraine has helped investigators learn more when one side (Russia, in that case) is not cooperative – and Trudeau did note that he reached out to the prime minister of the Netherlands to learn more about how they dealt with the crash of MH17, as they were the lead investigators there. Maclean’s has a bit more here about investigations and what it may look like.

Meanwhile, Andrew Coyne glumly notes that there is little that Canada can actually do it if is proved that Iran shot down the plane (presumably deliberately as opposed to accidentally), in particular because we have outsourced our defence to the Americans for so long. Likewise, Matt Gurney goes into more detail about just how limited Canada’s options are when it comes to responding to the worst-case situation.

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Roundup: Lethal overwatch?

There’s been some chatter about a story in the Guardian that purports to show BC RCMP communications that would have allowed for “snipers” and “sterilizing” of Indigenous protests in the province over LNG pipelines – which the minister of Indigenous services wants some answers to, and which the RCMP denies is actually legitimate, citing that the terminology used isn’t consistent with their own, or that some of it is being misinterpreted (in particular “lethal overwatch). To that end, here’s Justin Ling with a bit of context and nuance to consider before you get agitated at what’s being reported, as it may not necessarily be correct.

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