Roundup: Pride vs St. Patrick’s Day

Andrew Scheer’s new deputy leader, Leona Alleslev, started off her new role with a bang this weekend by doing the media rounds, and when asked about Scheer’s continued refusal to attend Pride parades, Alleslev responded with “Have we asked anybody if they marched in a St. Patrick’s Day parade?”

Oh no she better don’t!

Alleslev apologised several hours later, but by then you had a lot of Conservatives completely outraged that this was the kind of thing that was going to lose them the next election (and renewing the calls for Scheer’s resignation). While the point was made that she shouldn’t have needed to apologise because it was Scheer’s lines she was parroting, it’s difficult to imagine how anyone would have even for a second thought that there was an equivalence to the two. And Scheer’s own campaign communications director started a lengthy tweet thread to show all the various ways in which Scheer paid lip service to every religious and cultural event out there – except Pride, which is something that speaks volumes.

Alleslev also went on to insinuate that those who raised questions about Scheer’s leadership – and the numbers are growing, as are the profile of raising those questions – are somehow being “disloyal” to the party. And this irritates me, because this notion that parties are supposed to be personality cults for leaders is toxic and antithetical to how our system operates. The leader is not the party. The party is more than the person who leads it at any one moment, and it would be great if everyone could get on the same page about this because it’s kind of embarrassing for everyone who is carrying on otherwise.

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Roundup: More knives for Scheer

Even more knives have come out for Andrew Scheer – on a couple of different flanks. From the social conservatives, Scheer didn’t defend their interests strongly enough in the election and now they want him gone. This in the face of more moderate conservatives looking for him to join the twenty-first century on issues like support for LGBT rights. And then, on Power & Politics, Kory Teneycke – one-time director of communications to Stephen Harper and maestro behind Sun TV – said that Scheer should resign and if he wants his job back, to run for it again in a full-blown leadership contest. What was even more interesting in those comments was his contention that a leadership review is not enough because those are easily enough manipulated by those loyal to the current leader – and he’s right.

The problem, of course, is that so long as we continue to insist on running our leadership contests in this bastardized model, leaders will continue to claim democratic legitimacy to marginalize their caucus, ignore the grassroots, and not face any meaningful accountability, so it’s hard to see how the outcome of such a contest could be any different in the broader scheme of things. There are deep problems that need to be addressed in our parties, but nobody wants to actually say so.

Meanwhile, not only has Scheer fired his chief of staff and his director of communications, but Hamish Marshall, his campaign manager, has come to the end of his contract and it doesn’t sound like he’s interested in renewing it anytime soon. It remains to be seen if this kind of house-cleaning is enough bloodletting for the caucus that remains frustrated by their election loss, but it may not be given the knives that have been out for Scheer in a number of different directions.

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Roundup: Tribunal orders and judicial review

This week, the Federal Court will hear the case of the federal government’s judicial review of the Canadian Human Rights Tribunal’s compensation order for First Nations children who were apprehended and removed from their homes by child and family services. The reporting on this is going to be emotional, and as you can see from both the CBC and Canadian Press reports previewing the hearings (which will be webcast for the first time), the focus of who they’re speaking to are Indigenous people – fair enough – but almost zero time in either report is spent on the actual legal arguments, which are significant. Only the CBC report included the line that “Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.”

This is a pretty significant thing, because one of the arguments is that the Tribunal, in making the kind of order that it did, was exceeding its statutory authority to do so. That’s a pretty big deal, and why the government would be looking for a judicial review – to ensure that the Tribunal isn’t allowed to overreach, and doesn’t create a precedent for future instances of overreach. It may seem like petty details, but it’s a pretty significant issue when you look at how the administrative tribunal system in this country is set up, and the role that it plays in the broader justice system. The fact that this is being ignored by the mainstream press isn’t surprising, because administrative law isn’t sexy (even though it’s one of the most contentious issues that our Supreme Court is grappling with at this very moment), but we shouldn’t dismiss it.

The government – and prime minister Justin Trudeau in particular – has stated that there will be compensation, and they are already working on a settlement for the class action lawsuit in question, which may include boarder compensation so as not to have to separate compensation streams for the same apprehensions. And they should absolutely be held to account to that promise that they made – but the Tribunal order cannot and should not be the end all and be all, and we need to recognize that, and ensure that some of the broader context is being discussed.

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Roundup: Don’t bug the LG. Ever.

In a move that is as brazen as it is utterly galling, Jason Kenney’s government legislated the province’s elections commissioner out of existence, after he levied tens of thousands of dollars in fines over the UCP leadership shenanigans. To make it all the more gob-smacking, Kenney and the minister in charge of the bill claimed that this wasn’t politically motivated, which earns a “Sure, Jan.” But even more appalling was the response from opposition leader Rachel Notley, for which I am about to suffer a rage-induced stroke.

https://twitter.com/Jantafrench/status/1196555704200351744

No. No, no, no, no, no. No. You DO NOT involve the lieutenant governor in this. She does not have discretion to accept or reject bills. She is not the “boss” of Jason Kenney. She cannot reject bills on the advice of the opposition, or her own recognizance for that matter. Her job is to accept the advice of the first minister who commands the confidence of the legislature, which Kenney does – even if the bill is unconstitutional. Her job is to act as a constitutional fire extinguisher, and we are a long way from there. Here’s Philippe Lagassé with more:

https://twitter.com/PhilippeLagasse/status/1196608180488482818

https://twitter.com/PhilippeLagasse/status/1196609606220500992

https://twitter.com/PhilippeLagasse/status/1196610409521930240

https://twitter.com/PhilippeLagasse/status/1196612302348464130

I’m going to add an additional point about this being an appalling lack of basic civic literacy from the leader of Her Majesty’s Loyal Opposition in the province, but it implicates the entire media ecosystem as a whole, particularly when they ignorantly act as though a vice-regal has discretion about things like government formation, as exemplified with the stories of the hung parliaments in BC and New Brunswick, and even when shows like Power & Politics wrongly said that Trudeau “asked permission” from Her Excellency, Julie Payette, to “form a government” when they were the incumbent and already had a government and didn’t need to form one, let alone the fact that her job is not to grant permission. But stories like that plant the idea in people’s minds that she or any other vice-regal has personal discretion and can decide who will or will not form a government and apparently allow or disallow legislation, much like the pervasive idea that you can write to the Queen and she’ll do something about whatever it is you’re complaining about. That’s not how the system works. This shouldn’t be rocket science, but apparently these very basics are not being understood by those who are supposed to know these things because it’s their jobs to.

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Roundup: Fair deal to direct anger

Jason Kenney was determined to swallow much of the news cycle over the long-ish weekend (depending on where you were in the country), first by announcing on Friday that he had appointed a “fair deal” panel to look at ways in which Alberta can assert more independence – but many of those items don’t make any sense, especially as they will be more costly in the long run (or look particularly suspicious, like replacing the RCMP provincial policing contract with an Alberta Provincial Police when the RCMP is deep in investigating the UCP leadership contest corruption). In fact, the former chair of the province’s “Firewall” panel from 2003 says that this is just an exercise in blowing off steam that won’t amount to anything that they didn’t learn back then, which will be amplified over social media into promises that could never be fulfilled – which is a problem. Kenney then doubled down with a lengthy speech at the Manning Centre conference in Red Deer on Saturday, where most of these items were further listed.

This all having been said, I’m hearing from my friends and family in Alberta that Kenney’s cuts are already starting to affect them, and that anger may start to hurt him sooner than later. (Family examples: I have a nephew with special needs whose school aide’s hours are being slashed, and my brother-in-law is a volunteer firefighter, and their training budget has just been decimated). I fully expect that Kenney is going to go hard on trying to direct the anger to Justin Trudeau and Ottawa in order to deflect the anger from his cuts, and you can bet that he’s going to go to absurd lengths to stoke it.

Meanwhile, here are some reality checks into the kinds of things that Kenney is proposing for his “Fair Deal” nonsense, whether it’s for the creation of their own provincial pension plan, or to collect federal taxes on their own.

https://twitter.com/kevinmilligan/status/1193379952961277952

https://twitter.com/kevinmilligan/status/1194018713629904897

https://twitter.com/kevinmilligan/status/1194072739243446272

https://twitter.com/kevinmilligan/status/1194075167506386945

https://twitter.com/kevinmilligan/status/1194092599918944256

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Roundup: Judicially-determined science

One of the lesser-reported stories yesterday was the fact that a group of youths “launched” a lawsuit in Federal Court against the government to claim that their Charter rights to life, liberty and security of the person are being violated by the lack of climate change action, and want the courts to mandate the government implement a climate plan “using the best available science.” Well, it wasn’t really the youths themselves, but a group of lawyers and activists who are using a group of children and teens as the face of their campaign, because teen climate prophetesses are so hot right now.

The problem with this tactic, however, is the two-fold – one, that it’s going to be an exceedingly difficult argument that just because these specific youth had contracted ailments that could be climate-related (such as Lyme disease), it’s hard to make a generalized Section 7 argument as it relates to climate change; and two, this is public policy and should not be justiciable in the same way that Criminal Code provisions are where they touch social issues. Why? Because it shouldn’t be up to the courts to determine whether or not the government is living up to their climate change obligations. Are judges also climate scientists, or economists specializing in this area? The whole “best available science” line sounds good, but it’s hugely subjective as to how you reach those goals mandated by “science,” particularly when it comes to not devastating the economy and the livelihoods of millions of Canadians. How does a judge determine what the correct public policy should be? They don’t, but that’s what is being asked of them to determine here.

More to the point, this is yet another example of people trying to going to the courts when they lose at politics. Why I’m not surprised by this tactic being used by climate activists is because that Extinction Rebellion group is demanding the suspension of democracy to deal with the climate crisis, which should be alarming to anyone who follows their rhetoric. Trying to get judges to make policy determinations is just as much of a problem, and I eagerly await the Federal Court telling them to go drop on their heads.

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Roundup: Hand-waving through a plan doomed to fail

It’s the final debate day of the election, so expect a couple of brief photo-ops, then a quiet day as the leaders do their final prep. Yesterday, Andrew Scheer went to the Roxham Road irregular border crossing in Quebec to pledge that he would end said border crossings – and then hand-waved through just how he planned to do so, given that the Safe Third Country Agreement is a treaty with the Americans and we can’t do anything without negotiating with them, and they are not exactly big on taking in asylum claimants right now and would be happy to see them wind up in Canada. And their “other options,” such as trying to declare the entire border an “official point of entry” for the purposes of the agreement won’t work, and will simply drive more asylum seekers to more remote crossing points where there are fewer controls, and more likelihood of death or injury. In other words, he was misleading about his plans to address the issue, and more than that, he invoked the spectre of MS-13 (which is an American border issue, not a Canadian one), gave the false notion that these crossings somehow let migrants “jump the queue” unfairly (there is no queue for refugees, and they don’t impact those we are bringing in from refugee camps), made the ludicrous promise to move more citizenship judges to the border to process claims faster (proximity has nothing to do with it, and trying to speed up claims has failed in the past because we still need to have procedural fairness and adherence to Charter rights). Immigration and refugee experts have thus proclaimed that Scheer’s pledge today is doomed to failure. On a related note, Scheer keeps saying his full platform will be out in “plenty of time” for people to make an informed decision, but advance polls have already opened on university campuses, and for everyone else tomorrow, so that’s not exactly time for people to start making informed decisions – and leaving Scheer open to the criticism that he plans to replicate the Doug Ford tactic of not releasing a platform and preferring to coast in on anger instead. And while we’re on the subject of Scheer’s dishonesty, he claimed that Elections Canada gave the okay for his campaign director, Hamish Marshall’s ad company to also be producing election ads for the Canadian Association of Petroleum Producers – but Elections Canada said that’s not true. So chalk that up to yet another lie on the tally.

https://twitter.com/acoyne/status/1181961842291281923

https://twitter.com/moebius_strip/status/1181961052390600707

Justin Trudeau was in Markham, promising that the first thing he would do if re-elected would be to cut taxes for the middle class, which was essentially just a reannouncement of their basic personal amount cut. When answering questions, he offered some clarity to the situation around the spat between the Canadian Forces and provincial healthcare systems, which stems from the Canadian Forces being billed for higher rates than they would be normally for those services.

Jagmeet Singh, meanwhile, was in Montreal to address CUPE convention, with promise to fight privatization, in the hopes of winning back the labour vote.

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Roundup: Hypothetical subways and more traffic

It was a quieter day, post-debate, but the leaders were all back on the road, mindful that there is still another debate later in the week. Andrew Scheer in Markham to promise funds for two Toronto subway projects – while lying about the Liberal record on said funding (the funds haven’t been released because there isn’t an actual plan for those lines yet) – and to further promise that he would fund any infrastructure project designed to ease congestion. Erm, except that this is a promise to induce demand because all of the data show that if you build more traffic infrastructure, that traffic just grows to fill it. It doesn’t actually relieve congestion – it just contributes to making it worse.

Jagmeet Singh was in Toronto to talk student loans, and when pressed about Bill 21 by the media, he said that if it made it to the Supreme Court of Canada that the federal government would “have to” take a look at it then – which isn’t really true, and they could put arguments forward at any court case along the way. This makes Singh’s position to basically punt the problem down the road for a few years, for apparently little electoral gain.

Justin Trudeau, meanwhile, went to Iqaluit in Nunavut, where he spoke about the North being on the “front lines” of climate change, and to meet with elders in that community. It also lets Trudeau make the claim that he’s the only leader to have visited the North during the campaign, for a few hours in any case.

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Roundup: Admitting the need for negotiation

With the policy-over-controversy reset now in full swing, Justin Trudeau was out first this morning in Hamilton to announce next steps in the government’s planned universal pharmacare programme, with a $6 billion “down payment” in the system, along with more funding for increased access to family doctors and mental health services. Unlike other campaigns – looking specifically at you, NDP – this one was honest in the fact that it would rely on negotiations with the provinces, and that it would be incremental (something the NPD promise handwaves over), though where Trudeau got into a talking point was where he kept bringing up Doug Ford in this, and asking who Canadians trusted to negotiate with Ford – Scheer, or him? And he repeated it over, and over, and over again, to the point of parody.

https://twitter.com/kevinmilligan/status/1176186227818549249

https://twitter.com/kevinmilligan/status/1176188115616030720

Andrew Scheer was in Vaughan, Ontario, to announce a four-point plan to make housing more affordable, which included a plan to “fix” the mortgage stress test (erm, have you read anything the Bank of Canada has put out?), let first-time homebuyers take out thirty-year amortized mortgages (almost like the 2008 financial crisis didn’t happen!), launch a national enquiry into money laundering in real estate, and make surplus federal real estate available for developers. The first two seem to ignore the actual issues at play regarding bad debt and the past financial crisis, and has instead swallowed the arguments of real estate lobbyists wholesale – never mind that the housing market has come roaring back in recent months, showing that the stress test was not the issue, and it’s almost like these plans could have the effect of driving up housing prices again. Funny that. Like Trudeau invoking Ford, Scheer was also invoking Kathleen Wynne’s name as his own scare tactic, which seems like a poor choice considering that her government has already been defeated, and Ford was found to have mislead Ontarians on the size and scope of the deficit (while he spends more at the same time as cutting services).

Jagmeet Singh finally visited New Brunswick for the first time in the 23 months he’s been leader, where he announced a “star candidate” (very loose definition), apologised for not having visited sooner (offering no excuses), and repeating his plans for pharmacare – again, with no details about how exactly he’d get the provinces to sign onto a very expensive programme with disparate systems and formularies within a year.

In an interview broadcast yesterday, Singh also said that he would allow any province to have a veto over projects like pipelines, which is also ridiculous, goes against the whole notion of why we have a constitution, and also goes against his whole platform where he wants to impose federal programmes on areas of provincial jurisdiction (being pharmacare and dental care).

https://twitter.com/EmmMacfarlane/status/1176201384183685120

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Roundup: Gun control theatre

While there was suspicion that the announcement was timed as a pivot from the past two days of bad press – Liberals insisting that his has been planned for days – Justin Trudeau was in Toronto yesterday for a morning of meeting people on the streets before he announced his long-awaited additional gun control measures which are guaranteed to please nobody – a total ban on semi-automatic assault rifles (never mind that there’s no actual definition of an “assault rifle”) with a buy-back programme, and the ability for cities to make additional regulations around handguns (as in, allowing them to attempt to ban them), plus some additional offers around licensing and the ability to forbid the purchase of new weapons after certain red-flags. The measures are not enough for those who want a national handgun ban, too far for certain gun enthusiasts, and almost certainly going to be useless because the problem of illegal guns is that the vast majority of them are smuggled from the US, which these measures largely won’t address (I didn’t see any promise for more resources for CBSA in the backgrounder). In other words, it’s a political play, trying to balance the need to be seen to be doing more about gun control for big cities where it’s a problem, while not alienating their rural voters (again), while also being hemmed in by jurisdictional considerations (Doug Ford, for example, has said he won’t go along with any kind of handgun ban that would fall under provincial jurisdiction). Nevertheless, the symbolism of banning AR-15s is something they hope to capitalise on, while they castigate Andrew Scheer for his promise to relax some gun control regulations, so that may be enough for them in the election in any case.

https://twitter.com/CochraneCBC/status/1175047467265642497

Speaking of, Andrew Scheer was in Saint John, New Brunswick, to promise that a Conservative government would spend $1.5 billion to get provinces new MRI and CT machines in an effort to reduce wait times (structural issues? What structural issues?) – never mind again that it’s provincial jurisdiction and he may have a hard time getting them to actually spend dollars that he’s earmarked for said purchases. Scheer also clarified that oil and gas subsidies would not be part of those he plans to eliminate – try to look surprised, everyone!

Jagmeet Singh was in Windsor to talk up the party’s pharmacare plan, and answer yet more questions on the Blackface issue, citing that he didn’t want to be complicit in Trudeau’s public exoneration. (And yet, the media is demanding this kabuki theatre to play out).

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