Tag Archives: Border

Roundup: Trans Mountain and Phoenix

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The government announced yesterday morning that they were going to acquire the Trans Mountain pipeline and the project to twin it from Kinder Morgan – but that this would be a short-term acquisition if another buyer can’t be found before August. In the meantime, a loan would be extended to Kinder Morgan to begin construction immediately. Rachel Notley cheered and said that it’s time for Albertans to pick up tools and get to work on building it. Morneau, incidentally, won’t say what those construction costs will be, as that’s commercially sensitive information that could undermine the process for finding a buyer for the pipeline. As for who some of those buyers might be, here’s a look at that question. The buyout – if it happens – won’t eliminate opposition, but it changes the legal situation for BC in that federal paramountcy is even more prevalent than it was before. BC premier John Horgan says that his fight will carry on, but he’s suddenly saying that this is all because the federal oceans protection plan isn’t good enough, which is…new, and not terribly convincing. As for Indigenous activists, some say that the announcement is tantamount to a “declaration of war,” but other Indigenous communities are seeing this as an opportunity to buy a stake in the pipeline to benefit their communities.

https://twitter.com/InklessPW/status/1001476415815127041

https://twitter.com/kevinmilligan/status/1001481702470905857

https://twitter.com/kevinmilligan/status/1001486610729394176

The Conservatives immediately stated that this was all because of Liberal incompetence, that Kinder Morgan never said they wanted to sell, that they only wanted “certainty,” and then Andrew Scheer engaged in a bunch of revisionist history that falsely claimed that other pipeline projects never got government financing (it’s like he’s never read about the Trans Canada Pipeline construction in the 1950s, not to mention the development of the Hybernia offshore oilfield, or the development of the oilsands themselves). Oh, and Scheer’s definition of “certainty” that he would provide includes forgoing the current environmental assessment bill (has he talked to environmental lawyers or looked at the kinds of court challenges that the Conservative legislation has generated?) and his insistence that they could somehow “assert” federal jurisdiction by means of a declaration or a bill is ridiculous because they already had jurisdiction. The pipeline crosses a provincial boundary, thereby making it federal. Jurisdiction was never seriously in question. His MPs and other federal and provincial mouthpieces have been trying to spin this as some kind of conspiracy that Trudeau is only buying the pipeline in order to take control of it and shut it down so that they can shut down the entire oil sector. Seriously? You expect people to believe that, after Trudeau has staked an enormous amount of political capital on this very move? Really?

In other reaction, Andrew Coyne sees this as not all bad news (though I’m not sure how much more the Liberals could have done to avoid it), while John Ivison sees irony in the government “getting into the pipeline business” on the same day as the Auditor General blasted them for an inability to manage big projects. Tim Harper sees this as a potential precursor to tougher days ahead for Trudeau, while Jason Markusoff notes that this will make it hard for Albertans to sustain the narrative that Ottawa hates them (though by gods, the Conservatives in Ottawa are really trying). Andrew Leach also gives a very detailed analysis of the purchase in Twitter threads here, here, here, and here.

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QP: Investing in assets

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While the prime minister was away after this morning’s major announcement on the government decision to acquire the Kinder Morgan Trans Mountain pipeline, all other leaders were present — for a change. Andrew Scheer led off, mini-lectern on desk, and he railed about the Trans Mountain announcement, before demanding to know that it wouldn’t cost more than the $4.5 billion. Bill Morneau responded with a bit more fire than we usually get from him, decrying the audacity of the Conservatives for demanding the pipeline get built and then complaining when they assured it would be. Scheer offered some revisionist history when it comes to governments paying for pipelines (there is in fact a long history of it), and Morneau reiterated that the project was in the national interest. Scheer played the economic nationalist card in that $4.5 billion going to “Texas” shareholders, and Morneau repeated the points about jobs and the economy. Alain Rayes took over in French, and demanded to know how much it would cost taxpayers, and Morneau repeated that it was important to invest in the project, that their investment ensured it would be completed. After another round of the same, Guy Caron got up to rail that this investment was a betrayal, rather than investing in the clean economy. Morneau said gave the usual line about the environment and the economy going hand-in-hand, and that while they invested in clean energy, this project was still necessary. After another round of the very same, Nathan Cullen got up to ramble sanctimoniously about what was in the public interest, and Morneau reminded him that they went through a robust process, and that people need to respect the rule of law. Caron piled on more sanctimony, and Morneau made points about stepping in between provincial squabbling.

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QP: Borders and pipeline taxes

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While Justin Trudeau was present today after meeting with the prime minister of Estonia, Andrew Scheer was away. In his place, Lisa Raitt led off, worried about irregular border crossers, and the strain it was putting on housing. Trudeau stood to respond, script in hand, to say that they have robust processes, but the previous government left them backlogs that they were still cleaning up. When Raitt insisted that there were three separate problems as a result of his #WelcomeToCanada tweet, the lack of clarity from the immigration minister, and the international development minister welcoming those migrants because they helped with a labour shortage in her riding. Trudeau didn’t take up a script this time and reminded Raitt that they have a system that applies to everyone, and when Raitt tried a third time, Trudeau got more vociferous in his reiteration that there is a proper process, that they ensure that everyone goes through it, whether there are backlogs or not. Gérard Deltell took over in French, reiterating the previous question, to which Trudeau noted that while Canada welcomes people a from around the rule, the system is applied with integrity and that we are a country with a rule of law. On a second time around, Trudeau noted that they still had irregular migrants under their watch, and they cut their healthcare on top of resources to CBSA and the IRB. Guy Caron led off for the NDP, and accused Kinder Morgan of avoiding Canadian taxes, so why would the government give them a blank cheque. Trudeau started with the tired environment and the economy talking point before transitioning to the fact that without the pipeline, our economy is losing out of a $15 billion because of a lack of access to other markets. Caron tried again, and Trudeau doubled down on the need for a better price for our oil. Ruth Ellen Brosseau took over to ask the same again in English, and Trudeau reiterated his answer, and again on a second go around.

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Roundup: A tire fire of a debate

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Last night was the third and final leaders’ debate in the Ontario election, and it was…terrible. Painful to watch. And yet here we are. Doug Ford promised all kinds of increased spending, and promised not a single layoff, while he offered no specifics on any promise, and a false version of history of when he was at Toronto City Hall. Andrea Horwath promised some different spending than the Liberals, that she would end “hallway medicine,” while being overly generous on the hole in her party’s platform and the fact that she doesn’t stand for Hitler memes (while not having actually rebuked or dumped the candidate accused of posting one). Kathleen Wynne was sorry that people don’t like her personally, but isn’t sorry for her record, and she offered detailed policy in a format that didn’t let leaders fully answer questions and where Horwath in particular kept interrupting and aggressively talking over everyone else. In all, a demonstration that this whole election is absolutely terrible.

In reaction, Chris Selley remarks on Ford’s performance – that the only place he stood out was his promises around childcare (though he didn’t offer specifics, which are that his tax credit won’t amount to much for parents), while David Reevely noted Horwath’s aggressive challenges around Ford’s lack of platform or Wynne’s stance around collective bargaining, showing more fire than Wynne, who was building an intellectual case in a lawyerly tone for much of the debate, only really finding her own fire when she pushed back against accusations around the Hydro One sale.

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Roundup: A major amendment at committee

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There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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QP: Conflicts, subsidies, and elections

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While Justin Trudeau was off in Charlevoix, and Andrew Scheer in Laval as part of his “listening to Quebeckers” tour, there were no leaders in the Commons today except for Elizabeth May. Candice Bergen led off, raising new allegations from the Globe and Mail about the Arctic surf clam fishery, to which Dominic LeBlanc assured her the allegation was false, before reminding her that they included Indigenous people in the fishery when the previous government didn’t. Bergen reiterated the previous allegations about the process including the accusation that his family will benefit, and this time LeBlanc was a little more sharp in his reiteration that the allegations are false, and the fact that he has no family connection in the case. Bergen demanded that the prime minister remove him from the file, and LeBlanc assured her that he would cooperate with the Ethics Commissioner, but pointedly reminded her that she should stick to the facts. Jacques Gourde took over to ask the same again in French, and LeBlanc called out the fact that they were simply reiterating the same falsehoods in French. After a second round of the same, Ruth Ellen Brosseau led off for the NDP, demanding an end to fossil fuel subsidies by 2019 and to know how much would be given to Kinder Morgan. Bill Morneau got up to say that they were on track to phase out subsidies by 2020, and that they were still talking with Kinder Morgan. Nathan Cullen reiterated the same in English, with a heap of added sanctimony, to which Morneau repeated his same answer. Cullen then got up to moralise about  getting multi-party support for the elections bill, to which Karina Gould praised it going to committee to get the “study and interrogation” that it deserves. Brosseau repeated the same in French, and got the same response.

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QP: One of sixty first cousins

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On the return of Parliament after a break week and Victoria Day, it was almost a pleasant surprise to see all of the leaders present – something that’s become increasingly rare of late. Andrew Scheer led off, mini-lectern on desk, and he read some great concern that the prime minister had “ordered” Elections Canada to implement the changes of the electoral reform bill before it had even had any debate in the Commons. (Note: I don’t think the PM can issue such an order, because Elections Canada is arm’s length from the government). Justin Trudeau took up a script to read about how they were looking to reverse the changes that the previous government made to make it harder to vote. Scheer demanded that the government commit to not make any spending announcements during the pre-writ period, and this time Trudeau replied extemporaneously that the previous government made changes that were for their own benefit rather than making it easier for Canadians to vote. Scheer then read about the Dogwood initiative getting American funds, and how that was foreign funding interfering in Canadian elections, and Trudeau reminded him that they believe in things like freedom of speech and that they don’t brand groups as eco-terrorists. Scheer then changed tactics to ask about the carbon tax in French, citing disingenuous numbers about the impact on the GDP, and Trudeau reminded him that 80 percent of Canadians already live in jurisdictions with a carbon price. Scheer switched back to English to decry the increase in taxes on hard-working Canadians, and Trudeau reiterated that they are working with the provinces to have their own approaches to pricing carbon, and that the respect for provincial jurisdiction was lacking from the previous government. Guy Caron was up next, and concern trolled that the government hadn’t abolished subsidies for oil companies, and Trudeau didn’t so much respond as say that they promised to grow the economy while reducing emissions. Caron then equated any investment in Trans Mountain to a subsidy and demanded to know how much they would spend on it, and Trudeau reminded him that they don’t negotiate in public. Rachel Blaney reiterated the question in English, insinuating that the government were no longer forward-looking, and Trudeau reiterated his response before adding that they strengthened the process around Trans Mountain. Blaney made the link between billons for Kinder Morgan and boil-water advisories on First Nations, and Trudeau reminded her that they are on track to ending boil-water advisories, and the NDP should listen to those First Nations that support the pipeline.

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Roundup: A moment for the Queen of Canada

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In light of Victoria Day and the celebration of the official birthday of the Queen of Canada (yes, they’re the same day), here are a few gems about the Queen of Canada, and the monarchy in general.

https://twitter.com/Canadian_Crown/status/998596864311209985

https://twitter.com/Canadian_Crown/status/998572925249867776

Actor Stephen Fry talks about how the monarch keeps politicians in their place, and while it may seem “kind of preposterous” it a system that works. As he says. “If it works, it’s very foolish to get rid of it, even if it’s unreasonable.”

https://twitter.com/PhilippeLagasse/status/998568760003907584

And let’s not forget that Queen Victoria ensured that we have Responsible Government here in Canada.

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Roundup: An unnecessary proposal to cover for abdicated responsibility

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When Parliament resumes next week, and the final push of legislation before the summer break starts, I can pretty much guarantee that there will be some gnashing and wailing of teeth in the Senate about the crush of bills headed their way, and the fact that there isn’t a plan to manage it. And from Government Leader in the Senate – err, “government representative,” Senator Peter Harder, we’ll get a reminder that he’s proposed a business committee to do said managing of the Order Paper. And lo, in Policy Options yesterday, we got an endorsement of the notion of a business committee from a former political science professor, Paul G. Thomas, which read a lot like it was could have been commissioned by Harder’s office.

To wit: One of the reasons why I object to the creation of a business committee is because it will create a powerful clique that will determine the legislative agenda of the chamber in a manner that has the very real possibility of trampling on the rights of individual senators in the name of expediency. Currently the rules allow for any senator to speak to any item on the Order Paper on any day – something Thomas notes has the potential to delay business, but under most circumstances, this can be managed through negotiation, and if abused, a vote can be used to clear that obstruction. But what Thomas’ glowing endorsement of the notion of a committee ignores is the fact that sometimes, it can take time for a senator who sees a problem with legislation to rally other senators to the cause. We have seen examples of that in the current parliament, with bills like S-3, which wound up getting majority support from senators to fix the flaws in the bill, or even with the amendments to the omnibus transportation bill last week, where Senator Griffin’s speech convinced enough senators that there was a real problem that the amendment was meant to correct. Having a business committee strictly lay out timelines will stifle the ability for the Senate to do its work when sometimes it needs time to do the work properly.

One of the reason why this kind of committee should be unnecessary is because the Senate has operated for 151 years on the basis of the caucuses negotiating the timelines they need at daily “scroll meetings,” but it requires actual negotiation for it to happen, and since Harder took on the role of Government Leader, he has eschewed his responsibilities to do so, believing that any horse-trading is partisan. Several of the new Independent senators follow a similar mindset, which is a problem. And while Thomas acts as Harder’s apologist in trying to downplay the criticism that a business committee will simply allow Harder to stage manage the legislative process – and it is a possibility that he could, but only in a situation where there are no party caucuses any longer, and that the Senate is 105 loose fish that he could co-opt as needed – my more immediate concern is that he would use the committee to avoid his actual responsibilities of negotiation and shepherding the government’s agenda, more so than he already has. We already don’t know what he’s doing with this $1.5 million budget and expansive staff, so if he is able to fob off even more responsibility onto this clique, what else does that leave him to do with his budget and staff? It’s a question we still don’t have any answers to, and yet another reason why the creation of such a committee is likely to lead to more problems than it does solutions that aren’t actually necessary if he did his job.

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Roundup: Border agent woes

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When the House of Commons returns on Tuesday, it’s a pretty safe bet to say that the news that the Canada Border Services Agency is shifting customs agents from the GTA to the Quebec border is going to be one of the main topics of conversation. In fact, I can pretty much guarantee that it’ll come up in Question Period on the first day back. Why? Because amidst this news, a memo from Air Canada pilots claims that they may face delays of up to an hour, being kept on the tarmac because of this lack of agents. There are denials all around (and I’m a bit skeptical myself – I can see big lines in the airport, but I have a hard time seeing why they’d detain them on the tarmac), but the line is going to be that Trudeau is making you wait on the tarmac because he can’t enforce the law on the border.

It’s not exactly true, of course. Whether we see actual delays at airports remains to be seen, but the continued insistence that he can somehow snap his fingers and the border will somehow seal itself is this specious bit of political fiction that nobody wants to seem to own up to. I’ve written about this before – he can’t unilaterally declare the entire border to be an official port of entry, nor can he amend the Safe Third Country Agreement because that requires the buy-in of the Americans, and that’s not going to happen. If he suspends the agreement, like the NDP demands, that will cause a flood at border crossings of people who are jurisdiction shopping while making asylum claims, which was the whole reason the agreement was made in the first place. Direct engagement with the communities where the influx is coming from had success with the Haitian community and the government is looking to repeat it with Nigeria, where most of the new claimants are coming from (and no one has yet explained why that’s the case), but we’ll see when they can actually start engaging.

What this does illustrate is that the government still has a way to go in order to re-capitalize CBSA and ensure that they have enough border guards and customs agents. (They also need to fill vacancies in the Immigration and Refugee Board, and to give them additional resources, but that hasn’t been happening expeditiously either). And yes, this is something that Conservatives can share in the blame with as well, because they cut CBSA to the point where they were having to suspend a number of programmes like screening for drugs being exported, and they had to let go of most of their sniffer dogs because they no longer had the budget. Will this light a fire under the government to properly rebuild their capacity? We’ll see. They insist they’re re-investing but it may be of little use if the situation sounds as dire as it is right now with these rotations in and out of the border crossing.

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