Roundup: The Languages Commissioner goes rogue

We appear to have another Independent Officer of Parliament who has decided to go rogue, as the Commissioner of Official Languages, Raymond Théberge, has announced that he plans to investigate the nomination process that selected Mary Simon as Governor General, given her lack of French. There are, of course, a whole host of problems with this, starting with the fact that the GG is not a federal bureaucrat and is not included in the Official Languages Act. Her office in Rideau Hall is certainly subject to the Act, and there is no question it will operate bilingually, but Simon herself is not. Furthermore, she is appointed by the Queen on the advice of the prime minister, and the advice that he gets from his appointments committee (as problematic as the current structure may be) is non-binding.

Théberge, in that case, has decided that he’ll investigate the Privy Council Office for their role in supporting said committee and providing advice, which…is a stretch. A very, very big stretch. The whole sham investigation is already outside of his mandate, and more to the point, it is hugely colonial at that, and certainly not exactly befitting the stated goals of decolonization and reconciliation. (There is, of course, the matter of this government’s apparent hypocrisy in how it treated the appointment of Simon and how it treats the appointment of Supreme Court of Canada justices, but that is also not exactly something that Théberge could investigate).

Meanwhile, Philippe Lagassé enumerates these points, explains the role of convention versus legislation in these kinds of appointments, and most especially points to the fact that Théberge might want to better familiarize himself with the Constitution, given that the appointment didn’t violate any Act of Parliament. What a gong show.

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Roundup: Ford’s eagerness to please

The Star had a very interesting, if very infuriating, longread out yesterday, which charted the ways in which Conservative-affiliated lobbyists impacted on the decisions that Doug Ford made over the course of the pandemic – the laundry list of exemptions that kept growing by the day, the fact that the long-term care industry has insulated itself from any and all accountability and is getting their licenses renewed as if the deaths of thousands of seniors aren’t on their hands, the illogical restrictions for small retail but not box store, right up to the illogical closure of playgrounds.

The piece was illuminating not because of the look at lobbying – all of which is legal, above-board, and not the same as we’d understand from an American context of the cartoonish Hollywood portrayals – but rather because of what it shows us about Ford himself. He’s someone out of his depth – his sole experience was a single term as a junior city councillor while he brother was mayor – who was not only struggling to understand his job, but who also has a pathological need to be liked, and to be seen to be doing favours for people he knows. People like these former Conservative staffers and operatives who are now in lobbying firms. It less that these lobbyists are cozy with the provincial Progressive Conservatives – it’s that Ford wants to please them and do them favours because he knows them. That’s why the pandemic in this province turned into such a clusterfuck – because Ford needed to please the people he felt close to.

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Roundup: Nova Scotia makes two for child care

Prime minister Justin Trudeau and Iain Rankin, premier of Nova Scotia, announced yesterday that Nova Scotia was now the second province to sign a new childcare agreement with the federal government under the dollars allocated in Budget 2021, and that it would transition the province to halving current fees by next year, and reducing them to the goal of $10/day by 2026, with commitments along the way for those five years. And crucially, there are federal funds going toward training new early childhood educators, as well as to improve the post-secondary programming around ECE, which are important considerations for expanding the system, especially as one of the federal government’s criteria for that expansion is quality of care.

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This makes it two provinces down, both of them with non-conservative premiers, and it’s speculated that Newfoundland and Labrador will be next. Alberta claims to be “negotiating” around things like flexibility, but there is a bit of a red herring in there – nothing precludes the province from creating additional, more flexible spaces outside of the federal parameters if they feel they need it, but trying to insist this is about “choice” is a false dichotomy – there can be no actual choice if there is only constrained choice available. In other words, it’s not a real choice if there are no spaces available, and the federal government has long recognized that we have a supply-side problem, which is what they are trying to address. Opposing the federal plan because you claim it’s not flexible enough is, frankly, an abdication of responsibility.

The Conservatives, meanwhile, put out an extremely bizarre “backgrounder” yesterday to claim that the Liberals never meet their promises on childcare, and it was both strange and dishonest. Strange in that this is the kind of thing you’d expect to have an NDP header on it and not a Conservative one, but dishonest because they killed the gods damned system that was in place in 2006. Seriously – Paul Martin’s government had signed agreements with all of the provinces in 2006, and money for the first year was starting to flow when the NDP teamed up with the Conservatives and brought the government down, killing the childcare system that had just been established, because the Conservatives preferred to send $100/month to families instead – because “choice.” Oh, and they created tax credits for new childcare spaces, which created approximately zero of them. They vehemently opposed childcare, and still do, so for them to try and say the Liberals haven’t kept their promises when they actively worked against them and killed the programme that was created is just galling.

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Roundup: Exit Jody Wilson-Raybould

Jody Wilson-Raybould announced yesterday that she wasn’t going to be running again in the next election, but wasn’t leaving to “spend more time with family.” Rather, she planned to continue her work in other venues, but noticed that the House of Commons had become more toxic and ineffective, which is very true.

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While I don’t think that Wilson-Raybould was a particularly great minister (and she has yet to answer for her pushing blatantly unconstitutional legislation through), she nevertheless had a particularly valuable viewpoint that made the House of Commons better for having her in it. Her singularly pushing back against the Bloc’s attempts to play politics around Quebec’s Bill 96 and the proposed constitutional changes and nationhood declarations was something we could certainly have used more of, not less.

This having been said, I think Wilson-Raybould, like Jane Philpott, were somewhat naïve about the nature of federal politics, and were sold some particularly bad advice about life as an independent MP, and more broadly about hung parliaments in general. There is a particular romance around them, particularly from a segment of the political science crowd, which has rosy visions of the 1960s and inter-party cooperation to get things done, when hung parliaments in recent decades have simply been nasty and highly partisan, and that contributed a lot to the toxicity and ineffectiveness of this parliamentary session. On top of that, Wilson-Raybould had broken the trust of her fellow MPs, and that no doubt further isolated her in an already fractious situation in the Chamber. It’s too bad that she couldn’t have contributed more, but her no longer being there is a diminution to the kinds of voices that we should be hearing more of.

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Roundup: The bravery of a hollow stand

Over the weekend, The Canadian Press had an interview with out gay Conservative MP Eric Duncan, talking about his fight against the blood donation deferral period for men who have sex with men, while at the same time members of his own party have been fighting the bill to ban conversion therapy. And while it’s great that the Conservatives finally have an out gay MP (previously, their only out member was Senator Nancy Ruth, though they had ministers like John Baird were out in their private lives, but simply refused to acknowledge it in the media), and that their new leader professes to want to be more inclusive (apparently in spite of his own members), there is nevertheless something a bit off with the way this has all played out.

The thing about Duncan’s apparent “bravery” with talking about the blood donor policy as a result of his own history with being rejected is that this is not something the government can actually do anything about because Canadian Blood Services and Héma Québec are arm’s length, and Health Canada’s regulatory role is outside of the minister’s purview. Yes, we can ask questions as to why the Liberals promised to end the ban if they couldn’t actually fulfil their promise, but for Duncan (and for that matter, the NDP) to try and hold the government to account for something that they can’t actually do is a problem. Likewise, they too would be making promises that either they can’t keep, or they are proposing a massive and troubling overreach where the government would wind up asserting jurisdiction, bigfooting those arm’s-length agencies, and setting precedents for bigfooting other arm’s-length bodies in the future, which is a very bad thing that we should be very concerned about.

As for the conversion therapy bill, there were no “common sense amendments” that would make it acceptable to the Conservatives without gutting the bill. The bill would not criminalize conversations between parents and children, or with pastors, and this constant fear that social conservatives have had for decades as LGBT+ rights have progressed has never come true, and yet they will keep banging on that drum. As for the refrain that certain senators are pushing that “the government had six years to do this” is disingenuous. There is only so much time in parliament and only so much capacity in government to get everything accomplished, and it’s not like we didn’t have anything else happening over these past six years (such as a crash in oil prices, the Donald Trump years, getting climate legislation passed, advancing the cause of Indigenous reconciliation, of when it comes to LGBT+ issues, getting trans rights enshrined in law – again to these same social conservative fears of criminalization). Governments can’t do everything at once, and these people know that. Don’t fall for the rhetoric.

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QP: One last kick at the hybrid can before summer

For the final sitting day of the spring, the Liberal benches were once again empty save for Mark Gerretsen, the prime minister planning to appear by video from quarantine. Erin O’Toole led off in person, script on his mini-lectern, and he worried that over five years the government has grappled with Operation Honour, and wanted the prime minister to confirm that the defence minister had never hired someone who was found to previously dismissed from an employer for sexual misconduct — obviously laying a trap because he has something he plans to unveil. Trudeau gave praise to Sajjan for his service. O’Toole noted that Trudeau didn’t really answer and gave him another opportunity, and Trudeau praised their work in changing the culture in the military. O’Toole gave him yet another opportunity in French, and Trudeau repeated that they were taking concrete action make this culture change. O’Toole then raised the contracts to Tom Pitfield’s data services company, and wondered if he had been given any other contracts, and Trudeau noted that the casework database their MPs use, it has strict separation from the party database, and warned against cheap attacks. O’Toole raised two other contracts to Pitfield, noted that they were going to crack down on corruption, and wanted the same from the prime minister. Trudeau dismissed the “baseless personal attacks,” and raised the work they were doing for Canadians.

Yves-François Blanchet, in a somber tone, asked the prime minister to reflect on their choice to create two classes of seniors by giving additional benefits for those over 75, and Trudeau recited that they are always there for seniors and that older seniors have greater needs. Blanchet then wanted the prime minster to increase health transfers to promises, and Trudeau reminded him that they have sent billions to the provinces for help in the pandemic, and that eight out of every ten dollars of assistance were federal dollars, but discussions on increasing transfers were coming in the future.

Jagmeet Singh complained that the ultra rich were not being prosecuted for tax evasion while the government was cutting pandemic benefits, for which Trudeau praised the actions they have taken to help Canadians. Singh then decried that the remaining boil-water advisories on First Nations could take five more years and accused this of not being a priority to the government, and Trudeau reminded him of how many advisories they have solved, and that pretending they did nothing was just misleading and cynical politics.

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Roundup: The Ombudsman demands independence

The military ombudsman put out a position paper yesterday that called for his office to be made fully independent, and he criticized the minister’s office and the Department of National Defence for trying to interfere in investigations and ignoring recommendations for change. In particular, he cited that turning a blind eye to his office’s recommendations advances political interest or has to do with self-preservation or career advancements within the defence community.

Readers may know that I have issues with the demands for yet more officers of parliament. The proliferation of these officers has become acute in the last decade, and while there is a need for an independent ombudsman for the military, I also have not been blind to some of the previous holders of that office, and some were very much unsuited for an office that has no accountability. I’m not sure what kind of a structure the ombudsman’s office should need to be, but again, making him unaccountable and completely insulated opens the role up to the kinds of abuses of authority we’re seeing with the last officer of parliament that was created (being the Parliamentary Budget Officer, who has become completely unmoored from his legislative mandate). Anyone who doesn’t share this concern obviously isn’t paying attention (and I can guarantee you that the media is not paying attention, because they like it when these unaccountable officers try to turn themselves into media darlings, as the PBO is doing right now).

When asked about this, Justin Trudeau said that he would put it to Justice Louise Arbour as part of her comprehensive review, so that the ombudsman’s office can be part of the solution to reforming the military, but I fear that she may recommend the officer of parliament route. Part of the problem right now is that the minister isn’t responsive, but I think the solution needs to be that the minister needs to go rather than the ombudsman needing additional powers. Would that we actually hold ministers accountable for their failures, but this government doesn’t seem to be too keen on that.

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QP: Not a question, but a direct plea

On what promises to be the second last QP of the spring sitting, the three opposition leaders were all present, while Justin Trudeau as only available remotely, being in quarantine, once again leading only Mark Gerretsen in the Chamber. Erin O’Toole led off in person, in French, where he read a script about the military ombudsman’s comments on ministerial interference in investigations. Trudeau assured him they were working on the structural and cultural change necessary, including appointing Louise Arbour to reviewing the situation. O’Toole repeated the allegations in French, but didn’t phrase it as a question, but turned it into a plea to Canadians to vote out the Liberals. Trudeau repeated his same response in English. O’Toole then turned to the non-story about the Liberals paying for data services to a company owned by a friend of the prime minister. Trudeau stated this was for constituency casework, which was kept separate from political databases, and all rules were followed. O’Toole tried to turn this into an expansive statement about Liberal “corruption,” and demanded to know if any other contracts were given to Tom Pitfield, and Trudeau talked around the Conservatives slinging mud and hoping to see what would stick. O’Toole produced a document that claims that a contract was given to Pitfield, and Trudeau reiterated that the Conservatives were only focused on narratives and not facts, that all parties use case management databases, and all rules were followed.

Yves-François Blanchet led for the Bloc, in person, and complained about the new border measures announced yesterday, complaining they were arbitrary. Trudeau insisted this was part of a gradual reopening and more stages would be announced soon. Blanchet complained there were more rules than variants, and Trudeau said that while the leader of the Bloc may want simple answer, but they needed to ensure that Canadians were kept safe. 

Jagmeet Singh led for the NDP, and he railed about that military ombudsman’s report, and Trudeau read that they have been committed to structural and cultural change, and that they have taken more concrete actions recently, including some new appointments and $236 million in the budget. Singh switched to French to complain that some benefit were being reduced, and Trudeau recited that they were there for as long as Canadians needed them, and pleaded with the NDP to pass the budget.

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Roundup: Clown show at the bar

The move to call the Iain Stewart, president of the Public Health Agency of Canada, to the bar of the House of Commons yesterday, was a complete clown show. After the Speaker read his admonishment, the Chamber descended to a back-and-forth of points of order, points of privilege, and a discussion of moving a motion on sending the Sergeant-at-Arms to the PHAC offices to search them and seize the unredacted documents (and good luck with that, given that secret documents are meant to be kept in secure cabinets).

I found it exceedingly curious that none of the opposition leaders were present for this spectacle, given that they would doubtlessly like to use it for their own partisan purposes. I am also deeply unimpressed that the government only presented other possible options for the disclosure of those documents, such as only turning them over after more security measures were in place and the Commons Law Clerk had assistance from national security officials to ensure redactions could be done properly and in context, after the admonishment happened, which they should have done beforehand to prevent this incident from ever having taken place.

I’m not sure that a security-cleared Commons committee could have prevented this whole incident, because the committee that started this whole state of affairs is not the Defence committee (which is the natural place for such as security-cleared body) but the Canada-China committee, which was a make-work project of this current parliament set up in large part because Conservatives are trying to use China as their wedge issue, and the government went along with it. The whole demand for these documents is overblown partisan theatre, considering that the firing of the two scientists was almost certainly a paperwork issue (based on the reporting by those who have been on this story for two years), but the fact that the Lab is a secure facility simply complicated matters. This whole incident is one trumped-up incident after another, until it all combusted, and it’s no way to run a grown-up democracy, and yet here we are. Nobody comes out of this looking good.

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QP: Why are you sending cheques?

It’s the beginning of the last week of the sitting calendar, and none of the leaders were present, in person or virtually. The Liberal benches once again remained virtually empty, save Anita Vandenbeld, who swapped with Mark Gerretsen a short while later. Candice Bergen led off in person, raising the story that Liberal MPs have been sending cheques to Tom Pitfield’s company, given his friendship with the prime minster. Pablo Rodriguez responded that this was for a system to help manage constituency files. Bergen tried again, and this time Rodriguez insisted that the Conservatives were obstructing the agenda. Bergen, after starting off with the wrong script, then demanded that the government demand that the president of PHAC turn over documents related to the National Microbiology Lab firings, for which Patty Hajdu admonished her for playing games with national security, given that the documents were given to NSICOP. Gérard Deltell took over in French to repeat the demand, and Hajdu warned that the Conservatives were playing a dangerous game with national security, and quoted Thomas Juneau about his concerns. Deltell tried again, and Hajdu quoted Stephanie Carvin this time.

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Alain Therrien led for the Bloc, and demanded that EI reform better cover people in the cultural sector, and Carla Qualtrough assured him they were working to do just that. Therrien couldn’t take yes for an answer and demanded again, and Qualtrough insisted that the best thing they could do was to pass the budget.

Rachel Blaney conflated the bodies at residential schools with the court case challenging the Human Rights Tribunal ruling on First Nations children, for which Mark Miller stated that there were competing concerns in class action lawsuits, which is why they we negotiating compensation for them. Leah Gazan raised a Black Lives Matter protest about police state violence, and Bardish Chagger stated that they take the calls to action seriously, which is why they took measures in the budget to address this work.

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