Tag Archives: Canadian Forces

QP: Some clarity on a willingness to meet

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After a number of statements about the need to stop bullying in support of Pink Shirt Day, things got underway for proto-PMQ day. Andrew Scheer led off, and he read a bunch of concern trolling about Teck Frontier, pretending that the project was economically viable when it was not. Justin Trudeau calmly responded that Teck pulled their own application and that they pointed to the need for credible environmental plans. Scheer then made up some bullshit about global commodity prices not bring an issue, to which Trudeau stated that you can have a jobs plan without an environmental plan. Scheer scoffed and stated that Trudeau had no plan, and blamed Trudeau for the problems in Western Canada, to which Trudeau responded that the statistics showed that they helped created a million new jobs, and lifted a million people out of poverty. Scheer blustered about how that couldn’t possibly be true, before switching to French to call Trudeau weak over the rail blockades. Trudeau stated that they needed to find a peaceful but sustainable resolution, and that aggressive and simplistic solutions like those the Conservatives proposed would not help. Scheer returned to English to claim that the Wet’suwet’en people really wanted the project and that Extinction Rebellion was listed as a terrorist organization (which is false), to which Trudeau said he was concerned that Scheer described the Wet’suwet’en hereditary chiefs as “radical protesters,” which the Conservatives shouted him down over twice. Yves-François Blanchet wondered if Trudeau would unilaterally implement UNDRIP, to which Trudeau read that he was disappointed that the Conservatives stopped UNDRIP legislation in the last parliament. Blanchet reiterated the desire to immediately move ahead with such legislation, and would get Bloc support, to which Trudeau said they would table such legislation soon, before listing their accomplishments toward reconciliation thus far. Jagmeet a Singh was up next, and he demanded that Trudeau commit to meeting with the Wet’suwet’en hereditary chiefs, to which Trudeau noted that the NDP was focused on simplistic solutions when it is complex and that the minister is willing to meet him at any point. Singh repeated the demand, and Trudeau stated that there is a diversity of voices in the Wet’suwet’en community, and he didn’t want to influence the community’s internal discussions by only sitting down with one group.

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Roundup: Looking for the path forward

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The day in protests and rail blockades did not improve much, with more temporary layoffs announced, and new blockades were erected across the country, one of them near Edmonton, which sparked locals going in to try and dismantle it themselves – the kind of escalating behaviour that could get out of hand very quickly, and yet several prominent Conservative voices were either cheering on that kind of behaviour, or “warning” that more of this would happen because people were “frustrated.” Meanwhile, in Parliament, Andrew Scheer threatened to move a vote of non-confidence as part of the Conservatives’ Supply Day today, but decided to withdraw it late in the day, planning instead on a motion to condemn the current handling of the blockades. One suspects he may have overplayed his hand by threatening non-confidence, but the performative outrage continues to roll along. The premiers are also agitating for a teleconference with Trudeau, which could also happen today, for what it’s worth. As for Jody Wilson-Raybould, she continues to insert herself into this discussion, as though anyone would trust her.

As for the underlying situation, here is look over the history of the consultations with the Wet’suwet’en, and how the company appeared to have cut some corners when it came to the hereditary chiefs and their concerns. Here is a look over some of the issues with the different types of chiefs, and what is known about the agreements with the elected chiefs, as well as some additional context on how Indigenous law interacts with Canadian law. As for the RCMP presence, the hereditary chiefs want them and any company personnel gone from the work site before they hold any negotiations, citing that their presence acts as duress otherwise, and no, replacing the RCMP with some kind of Indigenous police force would not change that situation. What could also complicate things further is that four of the Wet’suwet’en hereditary chiefs have arrived in Ontario to meet with the Mohawks leading the blockades here (while the one Mohawk grand chief who counselled them to dismantle the blockades has now publicly walked back his comments).

So where to from here? It seems to me that given that the government cannot order the RCMP or other police forces to clear the blockades – particularly without escalating the situation and creating a series of Oka or Ipperwash crises across the country – nor can they order the RCMP to withdraw from Wet’suwet’en territory, it means that it’s up to Coastal GasLink to swallow the losses and go to the court to withdraw the court order that the RCMP went in to enforce that touched off this whole mess. One has to wonder whether anyone is counselling them to that very effect, but if that’s the way out of this situation, then they may have to take their lumps and do their part to walk the country back from the brink, because there don’t appear to be any clear paths out of this particular mess otherwise. It should also be a warning to other developers that they can’t keep cutting corners, particularly with regards to Indigenous peoples. CGL should have consulted the hereditary chiefs as well as the elected ones, provided proper reassurances that no, this was not a stealthy way to put a bitumen pipeline through their territory (because yes, that conspiracy theory is floating around), and done that work ahead of time. The days of cutting these corners has to stop, or we’ll keep going through this exercise time and again.

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Roundup: An emergency clip-gathering

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Sympathetic protests continue across the country as Justin Trudeau and several Cabinet ministers convened the Incidence Response Group yesterday, but had little to say as they emerged, other than dialogue remains the best option to resolve the situation as opposed to sending in the police to crack heads. Some new protests included demonstrations that closed Bloor Street in Toronto, and another blockade on the Thousand Islands international bridge (which was short-lived). Carolyn Bennett is still waiting on more meetings, apparently, while the CBC got a leaked recording from Marc Miller’s meeting with the Mohawks in Ontario on Sunday, so there’s that. And amidst this, police associations are grousing that they’re caught in the middle of all of this, criticized for both being too aggressige and not doing enough at the same time.

And with Parliament back again today, the request has been made for an emergency debate on the situation – but I can tell you right now that it’s going to be nothing shy of a five-alarm clown show. If the Speaker decides to grant it, it’ll happen after the close of regular business, so somewhere between 6 and 7 PM, and designated to run until midnight, unless debate collapses sooner. But you can bet that the most that can come of it – and the parties bloody well know it – is that they’ll simply be gathering clips for their social media of their righteous indignation for their side of the debate, whether it’s that the economy is being affected, that police are supposedly not enforcing the rule of law (hint – that’s not what “rule of law” means), or that this government has failed in its goals of reconciliation (as though that could happen in the space of four years). And if it’s outraged clips they want, well, isn’t that what Question Period has devolved into? In other words, I see zero actual utility in the exercise, but then again, I’m cynical (or realistic) like that.

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Meanwhile, Susan Delacourt tries to evaluate this government’s communications around the current situation after they handled the previous two (Flight PS752 and COVID-19) fairly well, and outlines the difference between complex and complicated problems. But being unable to communicate their way out of a wet paper bag is this government’s usual schtick, so that should be no surprise.

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Roundup: Protests and impossible demands

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The protests in support of the hereditary chiefs who are against the BC Coastal GasLink pipeline continue to disrupt the rail corridors in central Canada, though that may soon come to an end as the OPP has stated that the situation has become “dire” and threatened enforcement of court injunctions soon enough. Rail service has been cancelled for both freight and passengers, which is going to cause some economic disruption, especially as other sympathetic protesters have been attempting to blockade ports on both coasts. The federal government maintains that they are very concerned about what is happening, but state that these remain areas of provincial jurisdiction, and that’s something that we can’t simply handwave away.

And this is something that should be remarked upon a little more – the demands that the federal government get involved with the Coastal GasLink situation are essentially saying that the government should ignore the constitution, or that when a group feels aggrieved by the provincial government that they can then turn around and demand that the federal government do something, like asking your mother for permission after your father says no. Meanwhile, some of the protesters – like those staging a “sit-in” in the Department of Justice building, are making novel demands of the minister that are outside of his powers, and which don’t respond to how government operates in Canada – particularly given that the RCMP operates at arm’s length and doesn’t take orders from the justice minister or any Cabinet minister. In this case, they are enforcing a court order, which again, the government can’t simply step in and make disappear. We have a rule of law. And yes, the situation is complicated by the fact that there aren’t treaties in this area of BC, which means there is uncertainty as to the rights and title question (which have been under negotiation for years, if not decades), but the justice minister can’t wave a magic wand. Real life doesn’t work like that, and for this group to declare that if he doesn’t wave a magic wand by today that “reconciliation is dead,” well, it’s more than a little precious.

Meanwhile, these protests are giving rise to other voices who want to exploit the situation, like Conservative leadership hopeful who says that if he was prime minister, he would do something about it. He won’t say what – but by gum he’d do something! Jason Kenney, meanwhile, is trying to build the case that this is somehow a “dress rehearsal” for future pipeline protests, and calling these actions “ecocolonial” (whatever that means). Meanwhile, his environment minister is slagging the First Nation chief who has raised concerns about Teck Frontier and the lack of engagement by the provincial government, saying that it’s just about money and the government has to worry about taxpayers. Of course, unless Kenney and company don’t tone it down, things are bound to get worse because of the underlying complexity, so perhaps people need to take a deep breath.

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Roundup: Open letters and complications

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Alberta premier Jason Kenney took the next step in his performance art when it comes to demanding the approval of the Teck Frontier mine, and released an open letter to Justin Trudeau, which reiterated his points for the approval of the project. Of course, he didn’t actually tell the truth with all of those points, which is kind of awkward. (And hey, CBC, you could have done more than just retype Kenney’s letter and actually include some of the pushback, like Andrew Leach’s fact-checking).

Leach also has some problems with the lack of a viable reclamation plan for the project’s end-pit lakes, which is kind of a big deal, because it does seem like they’re trying to handwave away the problem, and hope that maybe in the future they’ll have a magic new technology that will solve the problem. That’s not a good thing. (Thread here).

Meanwhile, the federal decision on the Teck Frontier mine may be complicated as at least one affected First Nation says their concerns aren’t being addressed by the province, which is kind of a big deal. In fact, he said that the federal government has been doing their part, but the province under Kenney’s government has pretty much walked away after the previous government was doing the work with them – hence why they’re calling for the project to only be conditionally approved, with the condition being that the province be given a deadline to complete their talks with the First Nation and addressing their concerns about the impacts that the project (if it goes ahead, which it likely won’t anytime soon) would have on their local environment. It would seem to me that it’s a problem that Kenney keeps insisting they have full Indigenous sign-off on the project if in fact they actually don’t – but the truth hasn’t stopped him at any point thus far.

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Roundup: Kenney’s Washington mistruths

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Apparently the lure of trying to wade into American politics was too strong for Jason Kenney to resist over the weekend, and he joined Doug Ford in taking swipes at Democratic Party hopefuls over the Keystone XL issue, before telling a Washington audience that Justin Trudeau’s former principal secretary, Gerald Butts, had conspired with the Obama administration to kill the Keystone XL pipeline – which is funny, because it was during the Harper government, and Trudeau has been on the record of being fully supportive of Keystone XL the whole time. Kenney’s Mini-Me, Scott Moe, insisted that this fable was “absolutely correct,” which is a lie in and of itself. And of course, people brought their receipts.

Of course, Kenney has nothing to fall on but lies about the state of the oil industry in order to keep the attention off of himself and his government’s failings in trying to manage the shifting economy – and his convenient target is always Justin Trudeau, whom he needs to keep his voters angry at as a means of distraction. That said, his audience laps it up, and that has pretty much eliminated any sense of shame that Kenney had left. There was a piece in this weekend’s tablet edition of Maclean’s that interviewed so-called “Wexit” supporters, and they all repeated the same memes and lies that Kenney and company peddle, along with a healthy amount of self-delusion, that Kenney also stokes by way of his rank dishonesty. He is continuing to play with fire, as he feels he’s clever enough to put it out and be declared a hero before it gets too big, and trying to do it from Washington is not only a sign of hubris, but possibly of his own desperation.

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Roundup: Escalating costs for compliance

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The over-the-top rhetoric over energy projects in this country hasn’t been limited to the Teck Frontier mine decision. No, we got a new round of it yesterday when Bill Morneau disclosed that the Trans Mountain expansion pipeline costs have increased to $12.6 billion, in part because of environmental changes and accommodations for local First Nations. Predictably, both the Conservatives and project opponents lost their minds – the Conservatives melting down that this was somehow because of this government’s delays (erm, you know there were court processes in between, right?), apparently oblivious to the fact that this was the cost of compliance to get it built; the opponents because of the increased price tag over a project that they are certain will increase carbon emissions (even though it is more likely to decrease them as those contents would simply flow by rail otherwise). Jason Kenney, of course, takes the cake for his own outsized rhetoric on the matter.

From Washington DC, Kenney and his Mini-Me, Scott Moe, were both being remarked upon for how toned down their rhetoric has been of late (which I contend has to do with Trudeau and Freeland calling their bluff on their “equalization” bullshit), but they certainly kept up it up around Teck Frontier, and Alberta’s environment minister was thundering about the news reports of a possible federal “compensation package” if the approval was not granted – which was, of course, full of lies about the merits of the Teck proposal. And the notion that the federal government simply needs to “get out of the way” pretends that the biggest woes are the price of oil, and the fact that the US shale boom has hobbled the viability of the oilsands.

Meanwhile, Heather Scoffield makes note of the fact that all reason has gone out of the “debate” over the approval of the Teck Frontier mine. As if to illustrate the point, Matt Gurney repeats a bunch of the well-worn justifications for approving the project under the notion that Alberta needs jobs and not bailouts, without seeming to recognize that it’s not currently economically viable, while ignoring that delays to TMX were not because of government action but Indigenous court challenges under their constitutional rights, or that there is a reason why the Conservatives ensured there was Cabinet sign-off on these decisions. Chantal Hébert points out that the Liberals will lose whichever way they decide on this project.

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Roundup: Rushing a resurrected bill

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The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

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Roundup: The glitter of Gold in the Senate

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At long last – and indeed, at virtually the last possible minute – prime minister Justin Trudeau finally – finally! – named a new Leader of the Government in the Senate yesterday, independent Quebec senator Marc Gold. This wasn’t actually a surprise to those of us who’ve had our ears to the ground, but amidst the speculation of who Trudeau would name, many of them allegedly said no when they were asked (or at least said they did). The next question is who Gold can convince to come aboard as his deputy and whip (or “liaison” as they like to call themselves), because he won’t be able to replicate Senator Peter Harder’s too-clever-by-half trick of getting a former Conservative as his deputy and a former Liberal as his whip, so that he could insist that look, he was so non-partisan and independent in the middle of the two. Gold does sound like he plans to continue Harder’s half-pregnant fiction that he can be both independent and government “representative,” and has repeated the eye-rolling line that he “represents the government in the Senate and the Senate to the government.” Because no, that’s not actually how this works.

In an interview with CTV’s Power Play, Gold largely stuck to platitudes when asked how he will get big pieces of legislation through the Senate, insisting that the Senate will “rise to the occasion” and have “lively debate,” but would not say anything about things like, oh, negotiation. I will note that it was heartening to see that he did understand that the role of the Senate was to have a longer-range view and the less-partisan perspective, and kept insisting that it was a complementary body to the House of Commons, but his talk about the danger of it being an “echo chamber” of the Commons was a bit more off the mark. But countering this was the fact that he also seems to accept the false notion that these so-called reforms that Trudeau has been pushing somehow “returns” it to its raison d’être, which is not true in the slightest. It was never supposed to be non-partisan, and the more that people keep saying it is, misreading both the original debates on Confederation and the Supreme Court of Canada reference decision, the more it shows that we have an uphill struggle to keep these would-be reformers from doing lasting damage to the institution out of their well-meaning ignorance.

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Roundup: Cutting through Pallister’s bluster

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With the Cabinet meeting in Winnipeg, Justin Trudeau and Chrystia Freeland took an opportunity to meet with premier Brian Pallister yesterday, and boy howdy, was his tone in interviews afterward a hugely problematic mess. Pallister kept insisting that the province wasn’t getting the “respect” they deserved for their environmental plans, while ignoring the legitimate concerns that the federal government has – to the point where he was deliberately obscuring the actual issues at play.

One of the main issues in contention is the federal carbon price, which Pallister has famously waffled on (to the point where Paul Wells has referred to him as “Canada’s tallest weather vane”) – first he was going to implement one, then got huffy and stopped the plans because he didn’t want to increase it every year as is the plan, and because he saw momentum with other conservative premiers in challenging it in the courts. With those challenges coming down squarely in the federal government’s favour, Pallister is again floating the idea of implementing it, but doesn’t want it to increase, saying that a low price will let them meet their Paris targets. The problem, of course, is that there needs to be a common carbon price across the country so that provinces don’t undercut one another, which Pallister (and others) continue to ignore, as though the fact is a triviality when it’s the crux of the whole issue. All the while, Pallister is swearing up and down that he’s not asking for a special deal, when he is in fact demanding just that. I’m not sure how else you would describe being exempted from increasing the carbon price in line with the rest of the country as anything other than a special deal.

Add to that, Pallister is demanding a cookie for past emissions reductions when there is a hell of a long way for the country to go to meet our current targets. Ontario is trying this tactic as well, when the Ford government has completely derailed the province’s planned reductions, and insisting that you’ve already done your bit just puts even more pressure on Alberta and Saskatchewan, which I’m not sure Kenney and Moe would appreciate terribly. Pallister was also on TV grousing that he’s not getting credit for exporting cleaner electricity to Saskatchewan and the United States, which is funny because the reward for that is money, which presumably they are earning for doing so. Suffice to say, all of Pallister’s excuses are amounting to a pile of bullshit, and it would be great if our media brethren could do better at calling him out on it.

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