Roundup: Convention confusion

The Conservatives announced over the weekend that their policy had convention had been postponed to November in order to give more time to their leadership contest – but then had to spend the rest of the day explaining that no, this didn’t mean that the leadership was going to be held in November, and no, they hadn’t made any final decisions on the leadership, and so on. Because it would have been great if they’d actually said that in their press release.

With this in mind, I figured I would do my best to clarify what part of the problem is here, which is that they don’t actually have leadership conventions anymore, but “leadership events” where all of the mailed in ranked ballots get counted up in a dramatic way to try and replicate the fun and excitement of a delegated convention. One might assume that they might try to kill two birds with one stone and have both events at the same time, but we’ll see if that is actually the case.

This having been said, we also need to remember that so long as we have a system where there is direct election of party leaders by their membership, and that those leadership candidates are running on policy slates as though this were an American presidential primary, it starts making party policy conventions into a bit of a farce. Why? Because so long as leaders feel empowered to move ahead with the policies that they have a “democratic legitimacy” to enact, then what does the grassroots policy preferences matters? We’ve seen this erosion across parties for years, and it will continue apace under this Conservative system just as it has with everyone else so long as we keep up this bastardized system of membership votes for leaders.

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Roundup: Building the Teck narrative

While some of Jason Kenney’s usual mouthpieces and apologists start agitating for the Teck Frontier oilsands mine, it seems we need yet more reality checks about the project – particularly the economics. Because we have seen on more than one occasion where a project that wasn’t economically viable still achieves mythology status because certain people who think the idea of it is great will lie about its fate in order to suit their narratives *cough*Energy East*cough*. Anyway, here’s Andrew Leach with more.

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Roundup: SNC-Lavalin gets a plea bargain

In an unexpected development yesterday, we learned that SNC-Lavalin took a plea deal from the courts – that one of their divisions would plead guilty for fraud over $5000 in connection to their dubious activities in Libya, pay a fairly hefty $280 million fine over five years, and all of the rest of the charges they were facing were withdrawn, and they wouldn’t face debarment from future contract work for governments. In other words, they largely got what they wanted with the Deferred Prosecution Agreement/Remediation Agreement that they had been agitating and lobbying for, and which spun off the whole Double-Hyphen Affair in the first place.

Could of things – first of all, DPAs are not “get out of jail free” cards like they have often been described as. Had SNC-Lavalin been granted the DPA, they would have had to agreed that they committed wrongdoing, paid a fine which would have included remediation for the wronged parties, and would have a structured monitoring regime put into place to ensure better governance going forward, and it wouldn’t have protected any of their executives from future prosecution. One particular law professor, Jennifer Quaid, noted that even though they weren’t a good candidate for a DPA, it would have actually been more transparent than the plea bargain that they wound up with, there is no guarantee of remediation to wronged parties, and it’s unlikely there will be the same structure imposed, so maybe, just maybe, the DPA was the better plan in the first place.

Jody Wilson-Raybould tweeted out in response that the system worked, while Justin Trudeau said in an interview that he may have acted differently had he known this would have been the outcome, but he was trying to do the best he could at the time. And there are certain people screaming about prosecutorial independence, but I keep going back to the conversation that Wilson-Raybould taped with Michael Wernick, and so much of it was them talking past one another – him looking for an explanation and her not providing one until the end of the conversation when she said that she gave a report to PMO months prior, to which Wernick said “That’s news to me.” This key exchange was completely glossed over in most of the reporting because they fell instead for the juicy quotes that Wilson-Raybould had set up in conducting the conversation the way she did. So much of the communications and relationship breakdown is on full display in that call. (That being said, I remain deeply troubled with how much SNC-Lavalin was stage-managing the legislative process around the DPAs, even if lawyers in the field had been demanding that legislation for a decade because we were behind our comparable Western allies in making these kinds of arrangements available).

Meanwhile, certain journalists want to insist that this doesn’t mean that the story is over because parliamentary committees. Erm, except they would need the support of the Bloc to push forward with them, and they have explicitly stated that they have no interest in doing so. (Also, I am a bit concerned that Elizabeth May was conspiracy theorizing over Twitter regarding who this plea deal is “protecting.”)

On a related note, Wilson-Raybould was chosen by The Canadian Press as their Newsmaker of the Year, and make news she certainly did (and still does).

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QP: Begun, this 43rd Parliament has

The first Question Period of the 43rd Parliament just happened to be on a Friday, and for the first time in my memory, all of the leaders were present. The PM at Friday QP? Unheard of! And yet, here we are. Andrew Scheer led off in French, mini-lectern reliably on his desk, and he raised this morning’s job numbers and the 71,000 reported job losses, calling it a “crisis.” Justin Trudeau, without script, told him that their plan was about creating jobs and investing. Scheer tried again in English, and Trudeau made points particularly related to the jobs created by the construction of the Trans Mountain pipeline. Scheer insisted that other countries were increasing investments in natural resources, and Trudeau reminded him that blaming foreign activists didn’t get pipelines built. Scheer said that of all the divisions in the country that Trudeau allegedly created, he stated that provincial premiers were united in opposition to Bill C-69, and Trudeau reminded him that the previous Harper environmental regime didn’t work and singled out two projects that continue to face delays. Scheer then worried about a vote around Israel at the UN that he called “anti-Israel,” to which Trudeau took up a script to reiterate the country’s support for Israel. Yves-François Blanchet was up for his federal debut to worry that the government ignored the call by premiers to increase health transfers to the provinces. Trudeau responded that they had committed to some increases related to getting people family doctors and implementing pharmacare. Blanchet then demanded that provincial environmental assessments get priority over federal ones, to which Trudeau spoke about partnerships on the environment. Jagmeet Singh led off for the NDP, and concern trolled that the prime minister was not brave enough to stand up to pharmaceutical companies and implement pharmacare. Trudeau, without notes, said that they were committed to pharmacare but it was an area of provincial jurisdiction and needed negotiation. Switching between English and French in the same question, Singh demanded the government stop taking Indigenous children to court, and Trudeau assured him they were committed to compensation.

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Roundup: That Video and worst instincts

For well over the past two days, the news cycle has been consumed with That Video, and the interpretations of what was said on it. And because so many members of our media act feel the need to be tattletales, narcs, and scolds, what was an interesting tableau turned into an international attempt to get someone – particularly Justin Trudeau – in trouble.

First, despite the fact that the scene was spotted by a CBC producer from the NATO pool feed, people started circulating that this was some kind of illegally obtained footage from Russian spies and circulated as disinformation on their Sputnik network. (Nope). Then came everyone interpreting it as some kind of mockery or high school gossip, when it turned out to simply be an animated recounting of the unscheduled press conference, and the surprise announcement that the G7 meeting was to be held at Camp David. And because everyone is a tattletale and a narc, they brought it up at Trump’s press conference with Angela Merkel, he responded by calling Trudeau “two-faced” and that he was just sore because he got called out for not spending enough on defence (that’s not how NATO works), and then he cancelled his closing press conference and went home – but not before remarking before reporters that the whole “two-faced” thing was a big joke to him. Meanwhile, all of the Canadian commentariat is having a meltdown, and all of them went on the air with fantasy versions of just what the conversation was in That Video, and everyone describing it as “disparaging” or “gossip,” when they simply didn’t have the context that Trudeau provided to them the next day when he was pressed about it in his own media availability. So, any serious conversation about the future of NATO was basically overshadowed because a bunch of excitable journalists watched a video, jumped to conclusions, and let their narc instincts get the better of them – and then wouldn’t shut up about it.

And then come the scolding pundits, as night follows day. Like Matt Gurney, who characterized Trudeau as “mocking” and “gossip” and who said that Trump was right about our not spending enough. (Reminder: DND can’t actually get all of the current spending out the door because they don’t have the capacity or manpower, and it will take years to get enough people trained up). Or Heather Scoffield, who is concerned that this could mean Trump will tear up the New NAFTA or start imposing new tariffs – as though he needed excuses anytime in the past. Much more sensible was Susan Delacourt who said that it was about time that world leaders didn’t walk on eggshells around Trump, and that world leaders should stop simply looking on silently as his constant rule-breaking goes on around them.

On top of this incident was the complete mischaracterization of a video of Princess Anne, the Queen, and the Trumps. While there was a longer video where Anne escorts the Trumps to the Queen’s receiving line, and at one point the Queen looks over to her and she shrugs – no one left in the line but me – and everyone carries on. But a shortened clip started circulating and certain journalists falsely characterised it as the Queen chastising Anne for not greeting the Trumps and Anne didn’t care. And yet the false version went viral.

We don’t need Russian disinformation bots. We’re perfectly capable of distributing all manner of breathless disinformation without them. Cripes.

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Roundup: Contemplating compromised committees

As the summoning of the new Parliament draws ever closer, we’re seeing more stories about the procedural intricacies of the first few sitting days, and the coming confidence vote on or before the 10th because of the Supply cycle and the need to pass the Supplementary Estimates before that date. Fair enough – those can be expected to pass pretty handily because nobody is going to want to head right back to the polls (and I wouldn’t expect the Governor General to grant an immediate election either – the developing convention is waiting at least six months, providing there is another viable governing party, though that would be the real trick given the current seat maths).

This all having been said, there was something in this interview with Pablo Rodriguez, the new Government House Leader, which sticks in my craw, and that’s the talk about possibly undoing the rule changes that prevent parliamentary secretaries from being voting members on Commons committees, and I. Just. Cannot. Even.

While the chances of this happening are fairly slim, given that it would require opposition support and they are unlikely to get it, it’s still crazy-making. This reflex to go super political in a hung parliament is understandable but deeply frustrating because it undermines the whole raison d’être of Parliament, which is to hold the government to account, and committees are one very big piece of the accountability puzzle. Parliamentary secretaries should have no business even being near committees because it undermines their independence. It’s bad enough that under the previous parliament, they were still on the committee in a non-voting capacity, but it still allowed ministers’ offices to attempt to stage manage what went on (to varying degrees, depending on which committee it was). Having the parliamentary secretaries as voting members simply turns committees into the branch plants of ministers’ offices, and we saw this play out for the better part of a decade under Stephen Harper. Committees are not there to simply take orders from the minister and waste everyone’s time, and it would be hugely disappointing if the Liberals returned to that way of thinking simply because it’s a hung parliament. If we think that the only time to let Parliament function properly is if there’s a majority for the government, then it’s a sad state of affairs for our democracy.

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Roundup: Poisoning the free market well

Last week, former Reform Party leader Preston Manning stated that conservatives across the country need to get their acts together when it comes to real environmental plans – but then made the boggling case that the Liberals and NDP had “poisoned” the notion of carbon prices, so those were off the table. I can barely even. Stephen Harper called for carbon pricing in the form of a cap-and-trade system when Stéphane Dion was calling for a carbon tax, until Harper decided that doing nothing was preferable to the actual decent plan that he had a hand in developing. For Manning to blame the Liberals and NDP for poisoning the well is more than a little rich – particularly considering that you have a center-left party adopting free market principles in carbon pricing, which you would think would overjoy a small-c conservative. But no.

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Meanwhile, the story about those conservative premiers who signed a Memorandum of Understanding about developing Small Modular Reactors? Well, it turns out that the MOU is basically about declaring interest in the hopes of forcing the federal government to invest in their research and development – so that they don’t have to put any of their own dollars up front. Add to that the temptation for them to treat this as a form of technosalvation – that they can cite it as the excuse for why they’re not doing more to reduce emissions in the short-term – and it all looks very much to be a big PR exercise. (Look surprised!)

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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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