Tag Archives: Border

Roundup: Beer still imprisoned

Posted on by

The Supreme Court of Canada delivered their ruling in the Comeaucase yesterday, which deals with the subject of interprovincial trade barriers – in particular, those around alcohol. While this case has been widely championed as “free the beer,” what we got came down to an exploration on the nature of federalism in this country – and many observers were keenly unimpressed as they chose to uphold those particular barriers.

https://twitter.com/InklessPW/status/986964159530057728

First of all, read this Q&A with University of Ottawa vice-dean of law Carissima Mathen about the decision, so that you get some sense of how the constitution operates here, and why the Court is loathe to interfere in something of this magnitude. It’s not just alcohol sales that could be affected – its knock-on effects include supply management schemes (which the Conservatives have yet to reconcile with their “free the beer!” sloganeering), public health prohibitions, environmental regulations, and so on. And more technically, the case that led up to this decision was a lower court judge making an interpretation of settled law that they felt wasn’t robust enough to justify overturning that jurisprudence – not enough had changed – and they upbraided said judge in the ruling. This is also something that can’t be taken trivially in the decision.

https://twitter.com/cmathen/status/986988440163143681

https://twitter.com/kylekirkup/status/986968367205634048

https://twitter.com/cmathen/status/987022846936473602

https://twitter.com/cmathen/status/986988440163143681

https://twitter.com/cmathen/status/987059335623618560

https://twitter.com/cmathen/status/986971152353460224

And then there are the critics. University of Alberta law professor Malcolm Lavoie says the decision privileges some parts of the Constitution over the other, while John Ibbitson looks at what the knock-on effects could be and wonders if the result wasn’t for the best. Emmett Macfarlane is not sold on that, and feels that the Court feels too bound by old JCPC decisions that undermined the text of the constitution when they should instead be upholding it – that the intent of the Founding Fathers was indeed a centralized economic union. Some commentators think that the decision could legitimize Alberta’s bill to limit oil exports to BC, but frankly I think that analysis is beyond absurd. I do have to say that I have a degree of sympathy for the Court in not looking to overturn the entire federal order, because there would be monumental blowback. But it’s not like they said that it couldn’t be done – what it needs is the political will for the legislatures to come to an agreement on this, and there is a new internal free trade framework that is coming into place where there’s a better forum for having these discussions than we’ve had in 150 years of confederation. And I think that perhaps those who felt that the Court needed to do the work of the legislatures on this issue were doing so a bit inappropriately because we keep insisting that the Court do the hard work that the legislatures won’t, and perhaps this is another wake-up call that we need to do the actual work of making tough decisions in this country on our own.

https://twitter.com/AaronWherry/status/986991062584582144

https://twitter.com/EmmMacfarlane/status/986975038652821506

https://twitter.com/EmmMacfarlane/status/986976381794861061

https://twitter.com/PhilippeLagasse/status/986968227556179968

https://twitter.com/PhilippeLagasse/status/987049703526187008

Continue reading →

QP: Portents of economic doom

Posted on by

 As Justin Trudeau met with Commonwealth Heads of Government in London, and Andrew Scheer spent the day in Quebec, which left Shannon Stubbs to lead off, and she read some declinist fan fiction about the collapse of the Canadian economy because the prime minister allegedly wants to phase out the oil sector. Jim Carr responded by listing some good economic news, including how Alberta is set to lead the country in growth, which the other party apparently couldn’t support. Stubbs read more doom, and Carr responded with the number of approved pipelines that were coupled with their oceans protection plan. Stubbs demanded championing of the sector, but Carr listed that the previous government didn’t get pipelines to tidewater, and that they ignored their constitutional obligations toward Indigenous Canadians. Gérard Deltell took over in French, lamenting IMF forecasts, to which Kirsty Duncan stood up to read some statistics about job growth and economic growth leading the G7. Deltell repeated the demand to champion investment in energy, to which Carr reiterated his lines about the Conservative record in French. Guy Caron was up next for the NDP, accusing the government of kowtowing to Texas oil giants, to which Carr reminded him that they took the lessons of the previous government’s failures and engaged in new consultations, which they felt covered off their Section 35 obligations. Caron reiterated the question in French, and Carr reiterated that their process was different than the Harper government’s, because that one had failed. Nathan Cullen was up next, to repeat the same question in English, with some added sanctimony, and Carr’s repeated response had a bit of exasperation creeping into it, and then they went yet another round of the same.

Continue reading →

QP: Talking to elites

Posted on by

While Justin Trudeau was in London, meeting with Her Majesty the Queen and prime minister Theresa May, Andrew Scheer was in fact present today, in the wake of the salacious news that Maxime Bernier had pulled his book that was critical of his leader. Scheer, mini-lectern on desk, led off by reading some concern about investor confidence in the energy sector, and he claimed that the previous government got Northern Gateway “built.” Jim Carr stood up and stated that it was news to him that Northern Gateway got built, and didn’t in fact get its permits revoked by the Federal Court of Appeal. Scheer then got up rue that Trudeau was in Europe with elites, talking down on the energy sector, and Carr reminded him that just days ago he was here talking up the sector and the Trans Mountain expansion. Scheer insisted that Trudeau told his European audience that he was disappointed that he couldn’t phase out the oil sector tomorrow, but Carr rebutted with his line about how incredulous it was that Scheer took to the microphones on Sunday to decry Trudeau’s announcement after the meeting with the two premiers before Trudeau even made it. Alain Rayes got up to decry Trudeau’s lack of leadership in French, to which Marc Garneau stood up to lay out the support the government had given. Rayes wondered how much of taxpayers’ money would be spent on the project, but Garneau merely reiterated that they considered the project to be in the national interest. Guy Caron was up for the NDP, noted that the Health Committee’s study on universal pharmacare would be tabled later, and demanded action on it. Ginette Petitpas Taylor thanked the committee for their work, and she would consider its finding. Caron demanded immediate action in French, and Petitpas Taylor noted the commitments in the budget toward national (but not universal) pharmacare. Charlie Angus was up next, and demanded to know if the government felt their Section 35 obligations were met with Kinder Morgan, and Carr reminded him of the Supreme Court decision around Northern Gateway around consultations, so they went and consulted further for Trans Mountain. Angus pressed, terming it a “Liberal pipeline,” and Carr reiterated his line about the fact that there may not be unanimity, but there are many Indigenous communities who are in support.

Continue reading →

QP: Digging up a dead horse

Posted on by

As spring snow fell over Ottawa, Justin Trudeau was in Paris on an official visit, while Andrew Scheer was in Calgary rather than be in Question Period. That left Lisa Raitt to lead off, dredging up the long dead and buried horse of Justin Trudeau once saying that the oilsands needed to be phased out (never mind that he clarified it was a long-term goal in moving toward a decarbonized future). Jim Carr responded that they approved Trans Mountain and have reiterated their support for it continually. Raitt worried about industry uncertainty and the “flight” of capital from the country, to which Carr reiterate that the uncertainty wasn’t coming from them but one province, and that they are having discussions with Kinder Morgan to ensure there was investor certainty. Raitt worried that this lack of confidence was coming from the federal government’s inaction, but Carr reminded her that her government didn’t get a single kilometre of pipeline built to tidewater. Gérard Deltell took over to re-ask the “phased out” question in French, and Marc Garneau reiterated Carr’s points in French, and then they went for a second round of the same. Guy Caron was up next for the NDP, railing that the federal government was imposing its will on BC, and Garneau reminded him that the pipeline was federal jurisdiction per the Supreme Court and the constitution, and they were talking with the two provinces involved. Caron switched to English to rail that BC’s government was elected on a promise to stop it and governments are supposed to keep their promises. Carr reminded him that Alberta’s government was elected on a promise to build it, but it was federal jurisdiction. Romeo Saganash got up next to decry that the government wasn’t respecting their obligations to Indigenous communities around the pipeline, and Carr reminded him that they did more consultations than the previous government did, who got smacked down by the Supreme Court of Canada over their lack of proper consultations. Saganash insisted that there were no actual agreements with Indigenous communities, but Carr said that there was no agreement between Indigenous communities, and indeed between NDP premiers, but a decision needed to be taken.

Continue reading →

Roundup: Upping the Trans Mountain drama

Posted on by

Late afternoon yesterday, Kinder Morgan put out a surprise press release saying that they were suspending “non-essential activities” and spending related to the Trans Mountain pipeline expansion, citing the political fights still underway on the project. It’s a transparent move to try and force a political solution to some of the drama underway, and it certainly got everyone’s attention. Within the hour, Jim Carr was standing before reporters to assure them that all options were on the table, but by that point, Rachel Notley was demanding “concrete action” from the federal government, while Jason Kenney started his performative caterwauling about how terrible the federal government has been on this, and the federal conservatives promptly followed suit, ignoring their own record on pipelines in the meantime. Andrew Leach, however, has kept receipts, and immediately called them out on it. (John Horgan, incidentally, denies that he’s been harassing the project).

When Leach called out the fact that the previous government didn’t hold a press conference about the approval of Northern Gateway, and didn’t travel to BC to promote it, Raitt didn’t get his point and responded with a news article from the day which pointed out directly that the minister’s office sent out a release and refused all questions, after which Harper noted in the Commons that jurisdiction was deferred to the NEB. So the question is, if that was good enough for the Conservatives then, why is it so terrible that the Liberals are doing more and being more vocal about Trans Mountain now?

Paul Wells, meanwhile, takes a survey of the landscape in the wake of these developments, and continues to express some doubts as to what is going on. I personally have to wonder what more the federal government can do in the face of the provincial tit-for-tat from Alberta and BC, seeing as they already have jurisdiction over this pipeline, and they realistically can’t bigfoot the actions of the NEB, which is a quasi-judicial body. After all, there is the rule of law to contend with. To date, BC really hasn’t made any concrete actions that the government can take to court, for example, and certainly nothing that would merit reviving the powers of disallowance from constitutional dormancy. Kenney et al.’s demand to declare Section 92(10)(c) of the Constitution is legally illiterate, so what else, pray tell, should the federal government do? I’ll be curious to see what verifiable solutions present themselves in the coming days.

To round it off, Kevin Milligan also offered some observations on the situation on the ground.

https://twitter.com/kevinmilligan/status/983120057608781824

https://twitter.com/kevinmilligan/status/983121108852289536

https://twitter.com/kevinmilligan/status/983123756355694592

Continue reading →

QP: Litigating actual litigation

Posted on by

While the PM flew off to Chicago to begin his US tour, the rest of the benches in the House of Commons were full and ready for another scintillating day of bad litigation drama. Andrew Scheer led off, mini-lectern on desk, but with the PM away, today he led off on the news story of a government fighting a sexual harassment lawsuit from a Canadian Forces member, but wedged in an Omar Khadr reference at the end, because of course he did. Harjit Sajjan said that they were committed to a harassment-free environment in the Forces, but couldn’t speak to the specifics of the case — despite the fact that earlier this morning, the PM stated that he would have the case looked into. Scheer tried again, but got the same response. Scheer amped up his dramatics for the third attempt, and tried to draw in the justice minister, but Sajjan got back up to reiterate his points, including pointing out how many people they have discharged for sexual misconduct. Lisa Raitt got up next, and repeated the question with full-on anger, but Sajjan reiterated the commitment to Operation Honour, and they went again for another round. Guy Caron was up next for the NDP, demanding taxation for digital giants, and Mélanie Joly said that they wanted to ensure that there wasn’t a piecemeal approach to digital platforms over the long term. Caron tried again in English, noting that Trudeau would be meeting with Amazon on his trip. Ruth Ellen Brosseau was up next to read her condemnation of the government’s actions with that lawsuit, and Sajjan repeated his points. Brosseau read the question again in French, and got the same reply. Continue reading →

Roundup: Will American tax changes affect us?

Posted on by

With the excitement building over that coming US tax cut legislation (if one can call it that), we have already started seeing reaction here in Canada about how we should react, and while there has been some predictable demands that we start cutting our own corporate taxes yet again, others have called for a more pragmatic approach. In the Financial Post, Jack Mintz foretold doom for our economy in the face of these changes. With that in mind, Kevin Milligan tweeted out some thoughts:

https://twitter.com/kevinmilligan/status/943147447957667840

https://twitter.com/kevinmilligan/status/943148492121284608

https://twitter.com/kevinmilligan/status/943150555899105280

https://twitter.com/kevinmilligan/status/943151815540932608

https://twitter.com/kevinmilligan/status/943152471857291264

It also hasn’t gone unnoticed that these changes will create all manner of new loopholes around personal incorporation to avoid paying income taxes – kind of like Canada has been cracking down on this past year. Imagine that.

https://twitter.com/AaronWherry/status/943192234958221313

https://twitter.com/AaronWherry/status/943193234817404929

To that end, Milligan offered a few more thoughts about the experience around implementing these kinds of changes.

https://twitter.com/kevinmilligan/status/943179468205473792

https://twitter.com/kevinmilligan/status/943180201596350464

https://twitter.com/kevinmilligan/status/943183056554270722

https://twitter.com/kevinmilligan/status/943184198034001921

Meanwhile, my Loonie Politics column looks at whether the process used by that American tax bill could happen in Canada. Short answer: no.

Continue reading →

Roundup: The Order Paper is not a race

Posted on by

The House of Commons has risen for the season, but still has a number of bills on the Order Paper slowly working their way through the process. And as usually happens at this time of year, there are the big comparisons about how many bills this government has passed as compared to the Conservatives by this point. But those kinds of raw numbers analyses are invariable always flawed because legislation is never a numbers game, but is qualitative, as is the parliamentary context in which this legislating happens.

Part of the difference is in the set-up. Harper had five years of minority governments to get legislation in the wings that he couldn’t pass then, but could push through with a majority. He went from having a Senate that he didn’t control and was hostile to his agenda to one where he had made enough appointments (who were all under the impression that they could be whipped by the PMO) that it made the passage of those bills much swifter. And they also made liberal use of time allocation measures to ensure that bills passed expeditiously. Trudeau has not had those advantages, most especially when it comes to the composition of the Senate, especially since his moves to make it more independent means that bills take far longer than they used to, and are much more likely to be amended – which Trudeau is open to where Harper was not – further slowing down that process, particularly when those amendments are difficult for the government to swallow, meaning that they have taken months to either agree to them or to come up with a sufficient response to see them voted down. And then there are the weeks that were lost when the opposition filibustered the agenda in order to express their displeasure with the initial composition of the electoral reform committee, the first attempt to speed through legislation, and the government’s proposal paper to “modernize” the operations of the Commons. All of those disruptions set back legislation a great deal.

This having been said, Trudeau seems to remain enamoured with UK-style programming motions, which he may try to introduce again in the future (possibly leading to yet more filibustering), because it’s a tool that will help him get his agenda through faster. So it’s not like he’s unaware that he’s not setting any records, but at the same time, parliament isn’t supposed to be about clearing the Order Paper as fast as possible. Making these kinds of facile comparisons gives rise to that impression, however, which we should discourage.

Continue reading →

Roundup: Embattled ministers sticking it out

Posted on by

With three cabinet ministers currently “embattled” (to various degrees), Aaron Wherry wondered about the drop-off in actual ministerial resignations, and found the comparison to the days of Brian Mulroney, who was far quicker to accept resignations than is customary these days. Mulroney came to regret this, mind you, but it can’t be denied that the demands for resignations have never left us, and in fact are pretty rote performance by this point. That the Conservatives made their demand for Bill Morneau’s resignation without any real damning evidence as to why it’s necessary has made it seem as unserious as it actually is, making it harder for them in the future to make a legitimate demand.

But with that having been said, I’m going to say that there’s something that Wherry has left out in his analysis, which is the way in which Cabinets are constructed is a different calculation now than it was in Mulroney’s day, and that matters. Back then, the dominant concern was federal construction, so while you had to ensure that you had enough ministers from certain regions, and some token diversity in terms of religious or cultural background, with a woman or two in the mix, it was easier to swap out white men for one another when it came to accepting resignations and replacing them. That’s not really the case right now. Trudeau’s pledge for a gender-balanced cabinet that is also regionally representative as well as diverse in terms of race and ethnicity means that there are far fewer options for replacing ministers when it comes time to either accepting resignations, or swapping them out for fresh blood. What that ends up doing is creating an incentive for a prime minister to stick by an “embattled” minister (though I’m not sure just how serious any of the allegations against any of the current ministers really is – the attacks against Morneau are largely baseless, while Lebouthillier has done her due diligence with regard to the AG’s report and has technically been correct in what she’s said regarding the disability tax credit; Hehr, meanwhile, has been chagrinned but I’m not sure there is a cardinal sin here in the grand scheme of things). Sure, there will be a few tough days in the media, but eventually, when there turns out to be nothing to what is being said, the storm passes. It passed with Harjit Sajjan and Maryam Monsef (who was given a promotion for sticking with the flaming bag of dog excrement that was the electoral reform file), and I’m pretty sure it’ll pass for the current three. Until Parliament itself is more diverse than it is now, the demands for a representative Cabinet means that there are fewer options available for a Prime Minister to accept a resignation. What it does mean, however, is that they need to get a bit better around communications and managing the issues that do come up, but also seems to be a recurring theme with this government.

Continue reading →

Roundup: Romanado’s version

Posted on by

A little over 24 hours after the allegations between Liberal MP Sherry Romanado and Conservative MP James Bezan ricocheted around the Hill, CTV got an exclusive interview with Romanado, and it’s eye-opening in how the accounts differ, particularly around the apology itself. In particular, Romanado disputes that Bezan had made attempts to apologize earlier – something she would have welcomed – and noted that she was blindsided by his public apology in the Commons on Monday morning considering that she was in her office when it happened, and only later made her statement to try to correct what she felt was wrong information.

The biggest takeaway from the interview (which I would encourage you to watch, despite the fact that it’s 20 minutes long) is the fact that in her estimation, Bezan broke the confidentiality of the mediation process by putting out his statement on Monday afternoon – something she respected up until that point, which is partially why she had been blindsided. She also notes that while others are accusing her of making a partisan issue out of it, she had plenty of opportunity to do so beforehand while she respected the confidentiality of the grievance process, and her “reward” for this affair is to be inundated with trolls over social media who have been replete with lewd suggestions about threesomes. As well, other MPs have come to her to recount their own experiences that they won’t come forward with.

There were a few other points of note in the interview – that what people will say was a bad joke felt to her like she was being undermined in front of stakeholders and treated like a sexual object, which made her job as parliamentary secretary harder to do. As well, she has been asked directly by young women who want to get involved in politics if they will be sexually harassed on the Hill, and she has told them unfortunately yes. There need to be conversations about what goes on and how to prevent it, but as this experience shows, it certainly appears that Bezan may have been engaging in some damage control that further sought to undermine Romanado, which is sadly the kind of cynical manoeuvres that happen here far too often.

Meanwhile, Susan Delacourt calls out those who would use sexual harassment allegations for political purposes, going back to the initial incident of those two Liberal MPs booted from caucus, while Robyn Urback argues that a bad joke is not really the same as the same kinds of allegations of sexual harassment that other women are coming forward about.

Continue reading →