Tag Archives: Canadian Forces

Roundup: O’Toole wants intervenor status

Posted on by

Yesterday morning, Erin O’Toole declared that he would seek intervenor status at the Federal Court in the dispute between the House of Commons and the Public Health Agency of Canada over the disclosure of classified documents. Apparently, he believes that he has a “distinct perspective” on the underlying issues raised by the case, which is…a bit novel considering that his press release was a partisan document that was not about legal arguments but rather about political calculus.

As a reminder, the process was triggered because under the Canada Evidence Act – which Parliament passed – says that when requests for secret or confidential documents are made to a government entity like PHAC, they must notify the Attorney General, and that triggered a process by which said Attorney General sought clarity from the Federal Court – does the Canada Evidence Act and its limitations supersede or otherwise restrict Parliament’s privileges in demanding documents and the production of papers as they see fit, given that they are ostensibly the highest court in the land. Plenty of people have tried to make this a partisan issue – O’Toole most especially among them – rather than a process where everyone is following the law, and the law conflicts with Parliamentary privilege.

I half-suspect that in this case, the Federal Court may not grant O’Toole standing, given that he has pretty much stated that this is going to be an attempt at electoral grandstanding inside of a court room, which the Court would be hesitant to do. Beyond that, his statement in the press release doesn’t actually make sense – the request to present the documents will die when Parliament is dissolved, and the special committee that demanded the documents ceases to exist. Beyond that, if he forms government, he won’t need to release the documents because he’d be able to read them in secret, thus eliminating the possibility that releasing them might compromise our Five Eyes obligations, or inadvertently compromise a foreign intelligence source (though I am not convinced this is a national security or intelligence issue, but rather more likely one of an RCMP investigation into policy breaches). Not to mention, the documents were released, both in a redacted form to the committee, and in an unredacted form to NSICOP, and the Conservatives want someone else to do the redacting who doesn’t have national security experience. I have a hard time discerning just what “distinct perspective” he has other than scoring points, given that the Speaker will be exercising his role in protecting the privileges of the Commons, and he doesn’t need O’Toole’s help for that.

Continue reading →

Roundup: We have a date for dissolution

Posted on by

This is not a drill – the election call will be coming on Sunday, for an election date of September 20th – a thirty-six day campaign, which is the bare minimum and technically will take place entirely in the summer. But until that happens, you can expect a flurry of announcements later today – a child care agreement with Saskatchewan, probably a few more Senate appointments, possibly some more judges, and any other senior bureaucrats who need to be repositioned before the government goes into caretaker mode.

Of course, as this is taking place, case counts are once again starting to rise across the country, and we are officially at the start of a fourth wave – because of course we are. While we can expect to hear a lot of hand-wringing about this over the next week or so, I would expect that the bulk of rallies or events will be held outdoors over the course of the campaign, plus a lot more virtual events – after all, Erin O’Toole is renting out that studio space with its big screens to do just that, and I wouldn’t be surprised if other leaders have similar plans that they have not yet unveiled.

Also, because this will drive me insane for the next week, the phrase “drop the writ” is completely wrong. There is no single writ, and it does not drop. Once the Governor General signs the proclamation to dissolve parliament, the Chief Electoral Officer will draw up 338 writs – one for each election being held (because remember, an election is not a single event – it’s 338 separate but simultaneous elections). So don’t use a wrong phrase, and save yourself a scolding from me.

Continue reading →

Roundup: A display of arrogance and entitlement from McDonald

Posted on by

In what is quite possibly an admission of arrogance and entitlement, the ostensible current Chief of Defence Staff, Admiral Art McDonald, says that he’s going to return to the job now that he’s been “cleared” by the investigation into previous sexual misconduct – but that’s not his decision to make. The fact that he seemed to publicly indicate that this was a fait-accompli may have in fact been a faux pas, as the Minister of Defence actually showed a modicum of spine and said that no, McDonald is remaining on paid leave until they can decide what they’re going to do.

Remember, CDS is a Governor-in-Council appointment, meaning that the prime minister and Cabinet can appoint who they want to the position, and remove the current occupant at any point for any reason, and the fact that McDonald has both lost the moral authority to hold the job, coupled with this stunning bit of entitlement, may in fact prove that is should no longer be considered to be qualified to hold the position.

Meanwhile, here is former national security lawyer (and former armored officer) Leah West to put this into perspective:

https://twitter.com/leahwest_nsl/status/1425547465051279361

https://twitter.com/leahwest_nsl/status/1425547467471429634

https://twitter.com/leahwest_nsl/status/1425549147118125069

Continue reading →

Roundup: Questioning the housing numbers

Posted on by

The Parliamentary Budget Officer released a report yesterday on the federal government’s programme spending on housing affordability, and I have questions, both on the report, and on the responses to it. On the report itself, I’m having a hard time seeing how this is necessarily within his remit, and not that of the Auditor General. This is not exactly fiscal or macro-economic analysis – it’s evaluating programme spending, which is the Auditor General’s job. (Once again, the PBO is not a “budget watchdog” or a “watchdog” of any kind, per his enabling legislation). This doesn’t appear to have been at the request of any MPs in particular, though this updates his 2019 report which was requested by an unnamed MP at the time, but again, not really his wheelhouse. “Providing economic and financial analysis for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability” is being taken a little too broadly.

The findings of the report are that the funds allocated to housing are being underspent, but doesn’t really delve into why, other than noting that some of the spending was related to having to renew bilateral agreements with provinces that were allowed to lapse in 2015, and that CMHC’s programmes have both faced “implementation delays” and that their shift toward funding capital contributions instead of affordability supports spread that funding out over the life of projects. Those “implementation delays” probably deserve a lot more exploration – the fact that municipalities in particular aren’t spending the dollars available fast enough because the projects are bottlenecked in their own jurisdictions (and Vancouver is most especially guilty of this) – and that’s a lot of what this report seems to be light on details about. Housing is largely a provincial responsibility, and aside from providing money, the federal government has very few levers at its disposal, and when municipalities can’t get their acts together, that’s not really a problem the federal government can solve.

As for opposition reaction, it was predictable in that it read the PBO’s topline and not much else. The Conservatives complained that the housing plans haven’t met their targets and that they need a plan that “gets homes built,” which again, is pretty hard to do with the very few levers available at the federal level. The NDP, meanwhile, accuse the government of dubious accounting and broken promises, as per usual, again based largely on topline figures and not the fact that many of the problems exist at the provincial and municipal levels. Federal dollars only go so far and can only wield so much influence, and these are details that matter when it comes to implementing promises.

Continue reading →

Roundup: What open nominations?

Posted on by

Do you remember when the Liberals considered themselves the party of open nominations? And how they were always going to uphold the democratic right of riding associations to run fair, open and transparent processes to select the candidates that would appear on the ballot for them? Because apparently the party has put this particular bit of democracy, openness and transparency down the memory hole as they continue to acclaim candidates from across the country. In two of these cases, the acclamations came a mere day after the incumbents announced that they weren’t running again, and in one of those ridings – Kanata-Carleton – there was the making of a contested nomination as rumours swirled that Karen McCrimmon wasn’t going to run again, and the riding association was frustrated that they couldn’t get any kind of answer from the party on how and when to run said contested nomination.

Now, the party is going to defend its honour by pointing out that their rules state that they can declare a state of “electoral urgency” to bypass the nomination process, but this is more of the Liberals’ penchant of letting the ends justify the means. They created the rules that were easily gamed, and frankly, the “electoral urgency” clause is a load of bullshit because they were using it in 2019 in the months before the election when they knew they had four years to have this process ongoing because there was a fixed election date under a majority parliament, so there were no surprises. Yes, the pandemic has made nomination races tougher because of public health restrictions, and the party has come under fire for using a verification system that includes facial recognition technology (which BC’s privacy commissioner is investigating, per that province’s laws), but again, these were things that the party should have been cognisant of and dealing with rather than simply wringing their hands and pulling the “electoral urgency” alarm to fast-track their hand-picked candidates, thwarting local democracy, and accountability.

Open nominations are one of the most important and fundamental building blocks of our democratic system. When parties flout those rules, it hurts the entire system – especially as it cements even more power in the leaders’ offices. That the Liberals are so blatantly ignoring their own supposed values in this crucial stage of the democratic process is a sign that the way the party rewrote their constitution to fit the Trudeau era is a very real problem that they are going to have to do a lot of soul-searching to address, especially when that age comes to its inevitable end.

Continue reading →

Roundup: The July job numbers

Posted on by

The Labour Force Survey results for July were released yesterday, and while there was positive job growth, it wasn’t quite as robust as had been expected. The recovery remains uneven, but some of the narratives and commentary aren’t really helping when it comes to adjusting to the reality of this stage of the pandemic (which isn’t even post- yet).

A lot of the narratives are still being driven by the likes of the Canadian Federation of Independent Business, which continues to rail about CERB and its successor suite of benefits that they claim are providing a “perverse incentive” for people to stay home, but that doesn’t seem to fit the reality, which is that the market is shifting. A lot of people who were in these service-industry jobs either moved on during the pandemic because it (and the government benefits) afforded them the opportunity to do so – which is why you have people complaining that their favoured servers at their local watering holes didn’t come back, and you have nineteen-year-olds who just got their Smart Serve certification replacing them. But another narrative is also bubbling up, where we also have a cohort who aren’t willing to go back to what existed beforehand, with the low wages and mistreatment, and a lot of those business owners haven’t made the cognitive leap yet that they can’t keep operating the way they did before. Of course, this is one reason why the CFIB is so up in arms about these benefits – they have a vested interest in things returning to the old normal where labour can be exploitative without consequence, but the current reality is changing that. This could be change happening that will be better for us all overall, if it’s able to take hold – and chances are, this government more than others are more willing to let it happen.

The Conservatives, meanwhile, are insistent that the federal government is “killing job creation,” which is a novel argument considering that they’re not the level of government responsible for the maintenance of public health measures (which has been one of the biggest determinants of economic activity over the course of the pandemic). They’re also keeping up the fiction that a pre-third wave job recovery projection was a “promise” about job creation, again, which was derailed by more public health measures because provinces screwed up their own recoveries by re-opening too soon. All of which is to say that we don’t seem to be capable of having a reasonable conversation about what is happening in the labour market, to the detriment of all of us.

Continue reading →

Roundup: Ford’s eagerness to please

Posted on by

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.

https://twitter.com/robert_hiltz/status/1415672572574715909

Continue reading →

Roundup: The “failure of negotiations” is nonsense

Posted on by

It appears that the lack of seriousness around getting Bill C-6, which would ostensibly ban conversion therapy in Canada, through the Senate has reached its peak, as the Government Leader in the Senate, Senator Marc Gold, claims that negotiations have collapsed and he can’t bring the Senate back to deal with it. Which is nonsense. He has the power to petition the Speaker to recall the Chamber, and that request would almost certainly be granted. They can sit as long as necessary to pass the bill, and if they can’t get unanimous consent for hybrid sittings, well, by now most if not all Senators should be double-vaxxed and can attend in person. There are no actual impediments to them actually doing this.

Part of the problem is Gold himself – he doesn’t seem to grasp how the Senate works procedurally, and that he has a lot more power than he claims to. He also, for no good reason, proposed a date for the Senate to rise at the end of June when he could have kept it sitting into July with no actual problem. He also seems to be enamoured with the idea of agreeing on a timeline to pass the bill, which he doesn’t need, but ever since the Senate agreed to timelines around some major pieces of legislation in the previous parliament, there is a romance with doing this all the time in the Senate, which is unnecessary and in some cases counter-productive.

The other part of the problem is Justin Trudeau. And while it has been suggested that he has ordered Gold to let the bill die so that he can use it as a wedge in the election – frankly, the dynamics in the Senate don’t really support this line of reasoning – it’s more that Trudeau has a case of not-so-benign neglect when it comes to the Senate. By cutting it loose, so to speak, he gives it no mind rather than making it part of his strategy. There’s no reason why Gold is not a Cabinet minister who can answer for the government in the Chamber, rather than his current half-pregnant quasi-governmental role while still claiming independence, which doesn’t work in theory or practice. He clearly needs the support of PCO because he’s not able to do a reasonable enough job as it stands with what support he does get, and there frankly needs to be an actual government (meaning Cabinet) voice in the Chamber. But in insisting on “Senate independence,” Trudeau simply expects things to go through the Chamber and he can forget about it, which is a mistake.

Gold needs to fix this situation, and fast. If that means recalling the Senate in person, so be it. But claiming negotiations “collapsed” and he can’t do it is both untrue and against procedure. This is on him.

Continue reading →

Roundup: Nova Scotia makes two for child care

Posted on by

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.

https://twitter.com/LindsayTedds/status/1414960548735721473

https://twitter.com/LindsayTedds/status/1415130851755511808

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.

Continue reading →

Roundup: Cue the emergency committee meeting

Posted on by

It wouldn’t be summer if we didn’t have an emergency committee meeting of some sort, and we got just that yesterday, as the Conservatives triggered the recall of the Access to Information, Privacy and Ethics committee with an eye to opening an investigation into Liberals contracting database services from a Liberal-friendly company, headed by a personal friend of the prime minister’s. The party has claimed that this is for constituency services, and that there is no data going to party databases (as has been the case with the Conservatives and their own constituency data in the past), and that all of the rules have been followed, but the Conservatives have a narrative they need to feed, so there it went.

In the end, it got nowhere. The Liberals managed to stymie the proceedings long enough for the Bloc MP to side with them in opting not to pursue the matter, but along the way, they (correctly) suggested that this is a matter best suited for the Board of Internal Economy, which deals with MPs’ resources and allocations, and these payments have been coming out of MPs’ office budgets. Of course, the Conservatives (and to an extent the NDP) can’t put on a public dog and pony show at BOIE like they could at the ethics committee, so of course they had no interest in pursuing that course of action – especially after the Liberals also wanted the Conservatives’ database practices included in their referring the study to BOIE.

This isn’t to say that there aren’t issues that could be better explored here, the chief of which is that political parties are exempt from privacy legislation, so there aren’t many effective firewalls around the use of constituency files. And hey, that would be something that the Access to Information, Privacy and Ethics committee should be tackling, because it’s right in their mandate! One Conservative MP also suggested that perhaps the House of Commons build their own constituency file management system so that parties don’t have to contract their own systems, which may not be a bad idea – but it’s one that BOIE would tackle, not the ethics committee. And the point of this exercise was about the dog and pony show, not anything of substance, which is one more reason why this particular session has turned toxic.

Continue reading →