Roundup: Refusing to enforce quarantine orders

There were a couple of notes around the border and quarantines yesterday that I thought bear some additional note, particularly in light of the rhetoric we’re hearing. The first is that it looks like as many of a third of air travellers are able to avoid hotel quarantine and the Public Health Agency of Canada won’t provide a breakdown of figures as to why. There is a fairly obvious answer to this, which is that as part of the hotel quarantine programme, the government also allowed for a metre-long list of exemptions that are applicable to these travellers, because remember that there is ostensibly very little non-essential travel happening right now – I heard a figure that travel volumes are about five percent of what they were pre-COVID. Given how many of these hotel quarantine exemptions have to do with certain essential travel reasons, it should not be a surprise that as many as a third of these travellers are able to bypass that system. The fact that there are as many exemptions as there are should be up for debate, however, because it does undermine the whole point of quarantine, but it’s hard to have that discussion when every time you turn around, someone else is demanding another exemption – and it really doesn’t help when the party in the Commons howling that the border is too lax is at the very same time trying to get an exemption for returning snowbirds.

And then there is the question of enforcing the Quarantine Act, and we find that Alberta hasn’t signed onto the Contraventions Act, which makes it easy for their police to do the enforcement, and to issue fines for those who break it. (Saskatchewan also hasn’t signed onto the Act, but there are no airports currently open to international travel in that province). And this is completely baffling, because you would think that the provincial government would want to empower their peace officers to do the enforcement work if they are so concerned about variants coming in over the borders that they would want to ensure that they are actually enforcing quarantine orders in the province, but apparently not. This makes it all the more difficult to swallow Jason Kenney’s insistence that the federal government hasn’t done enough about the border – they have clamped down as much as they are really able to under the constitution, and they have empowered the provinces to enforce quarantines, but oh, Alberta refuses to take responsibility for doing so, while they complain.

I will also note that the fact that Ontario has signed onto the Contraventions Act means that their own complaints about quarantines and lax borders are all the more hollow. They have all the tools they need to enforce the orders, and they are also largely refusing and blaming the federal government. And worse, nobody is holding them to account for their failures to exercise their own powers in their own areas of jurisdiction to do so – especially not the media. This is a problem, but hey, keep writing stories about “finger-pointing.” That’ll help.

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QP: Inventing an “Internet Czar” out of whole cloth

For Wednesday, proto-PMQ day, Justin Trudeau was present, as was the usual Liberal placeholder, Mark Gerretsen. Erin O’Toole led off, script on mini-lectern, and he led off by accusing the government of moving the goalposts on vaccines, blamed him for not getting any last winter (when no one else in the world did), and Trudeau reminded him that they had stated the goals of three million doses by the end of March and they got well more than anticipated. O’Toole raised the CanSino conspiracy theory and accused Trudeau of wanting lockdowns until Thanksgiving, and Trudeau stated that by accelerating first doses means people can do more with one another in the summer, in advance of getting their second doses in the fall. O’Toole then accused the government of “stealing doses from COVAX” and of being late by trying to partner with CanSino, and Trudeau reminded him they have seven signed contracts and none were with a Chinese firm. O’Toole declared that we were in a third wave because of the CanSino non-deal, and Trudeau called out the misinformation and disinformation coming from the opposition. O’Toole then switched to French to repeat his first question, and got the same answer about first doses meaning a better summer.

Yves-François Blanchet led off for the Bloc, and he accused the government of wanting an election and invited all leaders to have a private meeting to come to a consensus, but Trudeau denied wanting an election while they were delivering for Canadians, and the Bloc are the ones who want an election by voting against a confidence motion. Blanchet repeated his invitation for a meeting to come to a consensus — which seems to be the opposite of an open legislative process — and Trudeau reminded him that all parties can reflect on the bill at committee, and repeated that he didn’t want an election.

Jagmeet Singh rose for the NDP, and in English, demanded “concrete action” on long-term care, for which Trudeau reminded him that there were $3 billion in the budget, and the government has been investing to create standards and to make permanent changes, but they need to work with provinces. Singh demanded more of the same, and Trudeau declared that the situation is deplorable, but they have stepped up as a federal government to assist the provinces, whose jurisdiction this is.

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Roundup: Inflating the Line 5 drama

There was a lot of performative nonsense around Enbridge Line 5 yesterday, considering that today is the deadline by which Michigan’s governor gave to Enbridge to shut it down. And plenty of media outlets were playing up the drama around this, despite having been told repeatedly that it’s pretty certain that nothing is going to happen because that pipeline is under federal jurisdiction in the US, and the governor has no authority or power to shut it down. She has since shifted her rhetoric, saying she’ll go after Enbridge’s profits if they don’t follow her requests, but all of this is now in the courts.

Which brings me to my particular complaint, which is how things were characterised. The federal government filed an amicus brief in the case yesterday, which is basically just presenting its reasons for why they support the continued operation in the ongoing court case, and yet, both Erin O’Toole and most major media outlets treated this as though the federal government had applied for an injunction. An amicus brief is not an injunction – far from it. But this was the how the narrative was applied, as though that’s the only thing that happens in courts. It’s not particularly helpful for media outlets to treat it as such, but hey, it’s not like I have any say in this.

Regardless, it’s almost certain that Line 5 won’t be shut down because it’s frankly too important to both sides of the border, and this is largely a stunt on the governor’s part. It’s a stunt that the Biden Administration is handling with kid gloves, mind you, but I’m sure she’d love nothing more than the prime minister of Canada throwing a public tantrum over this, as the Conservatives are demanding, as it would be a propaganda victory for her, which we probably don’t want to give her. Let’s all keep a level head over this.

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QP: Beware Big Arts and Culture

For the prime minister’s first appearance of the week, he had only Mark Gerretsen on the benches to keep him company (though Francis Drouin arrived after the PM left when the leader’s round ended). Erin O’Toole led off, script on mini-lectern, and he wondered if the government filing an amicus briefing in American courts mere hours before the threatened closure of Line 5 was an admission of failure of diplomacy — not that the Michigan governor has the power or authority to shut down the pipeline. Justin Trudeau replied that they filed the brief and are continuing to engage and encouraging mediation between the parties involved. O’Toole asked the same question in French, got the same answer, and then he asked why Trudeau personally approved a raise for General Vance if his office was investigating him for sexual harassment, and Trudeau stated that his office did not investigate, but that was PCO, as political offices should never conduct investigations, before he gave some usual bromides about supporting men and women in uniform. O’Toole related the question in English, got the same answer, and then insisted that he caught out Trudeau in a lie, stating that Katie Telford was apparently “investigating” when she sought assurances the allegations didn’t pertain to a safety issue, but Trudeau shrugged off the allegation and repeated his usual assurances of taking all allegations seriously and following the same process the Conservatives did in 2015.

Yves-François Blanchet rose for the Bloc, and he groused about time allocation on C-19, insinuating that the prime minister wanted an election in a pandemic. Trudeau disputed that, stating that he doesn’t want one, but the Bloc and Conservatives obviously do because they voted against a confidence issue. Blanchet said he wasn’t afraid of an election but didn’t want one, and repeated the allegation, and Trudeau considered this far-fetched, but they need to be prepared in a hung parliament for a possible election, since the opposition apparently wants one.

Jagmeet Singh led for the NDP, and accused the government of sending the military to spy on Black Lives Matters protests, and Trudeau agreed that the reports were concerning and he was looking into them. Singh repeated the same question in French, as though Trudeau didn’t just deny involvement, and Trudeau repeated his same response. 

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Roundup: Accusing your opponents of encouraging mass deaths

My patience for the current round of blame-shifting in the handling of this pandemic has pretty much reached its breaking point, and Alberta’s justice minister has crossed a line. Recall that a week ago, NDP MP Heather McPherson accused the prime minister of rather watching Alberta burn than help Jason Kenney – a statement that borders on psychotic and ignores the billions of dollars in federal aid that has been extended that Kenney has either sat on or declined. Of course, McPherson, like her leader Jagmeet Singh, seems to think that the federal government should be invoking the Emergencies Act and swooping in to take over the province, which is nothing more than a recipe for a constitutional crisis the likes we have never seen in this country. (Can you imagine the reaction in the province if Trudeau did this?)

Well, yesterday Alberta’s justice minister declared that the provincial NDP opposition, the federal government, and the media, were all cheering on a COVID disaster in the province, which is absolutely boggling. To think that your opponents literally wish death upon Albertans is some brain worm-level thinking, and yet here we are – and no, the minister would not apologise, citing that his opponents were trying to exploit the pandemic for political purposes. This is nothing short of insane, and yet this kind of thinking is clearly rearing its head as the provincial government flails, under attack by all sides, and frankly, reaping the unhinged anger that it has been sowing for years and thinking they were too clever to get caught by.

But in the midst of this, there was a column in Maclean’s yesterday which declared that it was “partisans” that were the cause of this blame-shifting, and then proceeded to pathologically both-sides the issues until my head very nearly exploded. It’s not “partisans” – it’s political actors who are to blame, and trying to pin this solely on people who vote for them is ridiculous. I will say that a chunk of the blame does rest on media, for whom they downplay actual questions of jurisdiction as “squabbling” and “finger-pointing,” thus allowing premiers in particular to get away with the blame-shifting and hand-waving away their responsibilities, and it’s allowed this obsessive fantasy about invoking the Emergencies Act to keep playing itself out – especially because most of these media outlets have been cheerleading such a declaration (so that they can fulfil the goal of comparing this to Trudeau’s father invoking the War Measures Act during the October Crisis). If media did a better job of actually holding the premiers to account rather than encouraging their narratives that everything can be pinned on the federal government (for whom they have some of their own issues they should be better held to account for), there may have been actual pressure on some of them to shape up long before now, and yet that doesn’t happen. Absolutely nobody has covered themselves in glory here, and it’s just making this intolerable situation all that much worse.

https://twitter.com/robert_hiltz/status/1391949740896657410

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QP: Being smug about a flailing minister

For Monday, the depleted ranks in the Chamber were a little lower than usual, and once again, the only Liberal present was Mark Gerretsen. Candice Bergen led off in person, and read that there were contradictions between Katie Telford’s testimony and something that Senior Liberal Sources™ told the Toronto Star. Harriet Sajjan insisted that they took appropriate action at the time given that they had no . Bergen tried again, got the same answer, and for her third question, Bergen tried to ask Candice Bergen how the Feminist Government™ could allow this to happen, and Sajjan have his usual lines about having a lot more work to do, naming former Justices Arbour and Fish for the work they are undertaking. Gérard Deltell took over in French and repeated Bergen’s first question, got the same answer. Deltell then tried the tactic of asking Freeland about how she could have let this happen, but Sajjan repeated his well-worn lines.

Alain Therrien led for the Bloc, and he groused that Bill C-19 was being put under time allocation, and Dominic LeBlanc reminded him that nobody wants an election but they wanted to respond to the Chief Electoral Officer’s report. Therrien insisted that by imposing time allocation, the government was tacitly admitting they want an election as soon as possible, and LeBlanc repeated his answer.

Alexandre Boulerice led for the NDP by video, and he accused the government of ignoring the Deschamps Report before hiring Justice Arbour, and Sajjan repeated his lines that they have know they have more work to do. Lindsay Matthysen repeated the question in English, and Sajjan repeated his answer.

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Roundup: Trying to make an election happen

I find myself growing increasingly tired of the media’s singular focus on a snap election, wedging every possible story they can into this narrative. And every time I see it, I keep thinking “Gretchen, stop trying to make an election happen. It’s not going to happen.” Honestly, no party is suicidal enough to pull the plug with the third wave raging across the country, and the legislation to make safer elections happen still stuck at second reading and has been for months because the Conservatives have been playing procedural games in the Commons (though the government is hoping to finally get it to committee this week). And given next week is a constituency week, the soonest it might pass at this point is maybe – maybe – the first week of June. Maybe. And then it has a 90-day implementation period, so Elections Canada could not safely hold an election until maybe mid-September. Maybe. Yeah, it’s not going to happen.

Undaunted, The Canadian Press’ big story this weekend is about how parties are gearing up for a potential election, and how to do everything virtually if they can’t go door-knocking and so on. And I get that they are probably in the midst of doing some rudimentary preparations because this is a hung parliament and anything can happen, but honestly? It’s not going to happen until later in the fall at the very earliest. But this constant obsession with pumping out election stories is starting to look both desperate and tacky, especially because it’s not going to happen.

With that in mind, I found Chantal Hébert weekend column to be lacking, where she questions the need for the Liberals to have a majority if legislation is finding “dance partners” in the Commons. The problem there is that it’s a fairly facile measure of things, given that there are bigger problems than the few bills getting passed with a sufficient “dance partner” available – there have been so few bills passed this session because the Conservatives in particular are slow-walking every bill they can, and only recently did the Bloc and NDP wake up to that fact when they have bills they want to see advanced as well. Add to that, most of the committees are now in a state of dysfunction because of partisan dickishness, and most of them are in endless cycles of witch hunts on would-be “scandals” that have long-since played themselves out. I’m not sure how she sees this as being remotely productive, but that’s me.

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Roundup: Ambrose’s bill becomes law

Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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QP: Getting the minister to stick to his talking points

While we had a couple of leaders present in the Chamber today, the Liberal benches remained largely empty, with only Mark Gerretsen and Francis Drouin present. Erin O’Toole led off, his scripts on his mini-lectern in front of him, and in French, he quoted the Globe and Mail by saying that it was amateur hour on Bill C-10, and selectively quoted Michael Geist’s concerns about freedom of expression, and demanded the bill be withdrawn. Steven Guilbeault read a script that C-10 forces web giants to invest in Canadian and Quebec creators, and the Conservatives, by blocking the bill, were merely shielding web giants. O’Toole repeated the question in English, and got the same answer in English. O’Toole claimed that Guilbeault doesn’t understand his own bill, and he tried to conflate this with media funding, and called it a direct attack on free speech (something none of the experts have actually said), and Guilbeault suggested that O’Toole actually read the bill, because Section 2.1 states that individuals who upload content are not considered broadcasters. O’Toole the switched to French to complain that it was taking longer to approve immigration files in Quebec than in the rest of the country, and Marco Mendicino recited some reassuring lines about the value of immigration and reaching the right levels. O’Toole pivoted again, and in English, demanded action on Line 5, for which Seamus O’Regan noted the importance of the pipeline on both sides of the border, and why they were making that case.

Rhéal Fortin led for the Bloc, and he raised the General Vance allegations, and wondered if the prime minister considered it a problem that his defence minister didn’t alert him. Harjit Sajjan insisted that he followed the right procedures, and that they were committed to culture changes in the military. Fortin raised the notion of seeking Sajjan’s resignation and replacing him with a female defence minister, and Sajjan, naturally, disputed this.

Jagmeet Singh rose for the NDP, and in French, he demanded the government commit to waiving COVID vaccine patents, to which Mary Ng recited that they would participate in these negotiations at the WTO. Singh repeated the question in English, and Ng repeated her response.

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Roundup: PROC needs to grow up

I find myself losing all patience with the state of Commons committees in the current parliament, and the shenanigans happening at the Procedure and House Affairs committee right now are really not helping matters – and to be clear, it’s all sides that are to blame here, with particular blame going to the prime minister himself for starting this particular farcical exercise of tabling a prorogation report and patting himself on the back for it, and then watching it all blow up in his face.

The notion of a “prorogation report” was always stupid. I get that the idea was supposed to be about trying to increase openness and transparency, and finding a way to demonstrate that tactical prorogations would be avoided, and so on, but it was dumb. The better alternative, as I pointed out in my book, was to restore prorogation ceremonies, where the government would have to have a public accounting of what they accomplished in the session and outlining how they felt that they accomplished the goals set out in the previous Throne Speech, before they set out for a new one. You get public accountability, and you get some pomp and ceremony from the Governor General or the deputy reading that speech (and it should be the GG – the practice of it being the Chief Justice is another one of those particular pieces of historical trivia that is infuriating in how it perverted norms that were carried on unthinkingly). But Trudeau didn’t go that route, despite having publicly mused about it, and here we are today.

The fact that the Liberals are filibustering at the committee is everyone’s fault. Yes, Trudeau should appear at committee to testify why he decided to prorogue – it’ll be a useless exercise in him delivering talking points, but it’s his decision and he should be questioned for it if this is the route that he chose to go. But trying to get Katie Telford violates the issue of not calling staffers because of ministerial responsibility, and summoning the Kielburgers and the people who run Speaker’s Spotlight to testify as well is beyond ridiculous, because they have absolutely nothing to say about the prime minister’s decision. Sure, the prime minister quite likely prorogued because of the constant WE Imbroglio circus going on – but those particular figures aren’t going to say anything useful to the committee about the prorogation report, which is what they are supposed to be debating. It’s all about trying to keep the WE Imbroglio in the spotlight for as long as possible, never mind that most Canadians have long since moved on from it, because the opposition parties think they can still use it to score points. Nobody is doing their jobs anymore, the notion of a prorogation report is a sham, and this whole exercise is just wasting parliamentary time, and exhausting the limited resources of hybrid sittings (especially the interpreters). Everyone needs to grow the hell up, and maybe, just maybe, Trudeau will have learned his lesson that this report was a dumb idea and he’ll do the right thing next time and restore the prorogation ceremony instead.

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