Roundup: All about the New NAFTA

So, now that we have some more information about just what is in this renewed NAFTA agreement (no, I’m not going to call it by Trump’s preferred new title because it’s ridiculous), we can get some better analysis of what was agreed to. Here’s a good overview, along with some more analysis on the issues of BC wines, online shopping, intellectual property, Indigenous issues (though not the whole chapter they hoped for, and the gender chapter was also absent), and an oil and gas bottleneck issue whose resolution could now save our industry as much as $60 million. There is, naturally, compensation for those Supply Management-sector farmers who’ve had more access into the market granted (though that access is pretty gradual and will likely be implemented in a fairly protectionist manner, if CETA is anything to go by). There is, however, some particular consternation over a clause that gives the US some leverage over any trade we may do with a “non-market” country (read: China), though that could wind up being not a big deal after all and just some enhanced information sharing; and there is also the creation of a macro-economic committee that could mean the Bank of Canada may have to do more consultation with the US Federal Reserve on monetary policy (though I have yet to find more details about this change). But those steel and aluminium tariffs that Trump imposed for “national security” reasons remain, as they were always unrelated to NAFTA, and their removal will remain an ongoing process.

With the news of the deal also comes the behind-the-scenes tales of how it all went down, and we have three different versions, from Maclean’s John Geddes, the National Post’s Tom Blackwell, and CBC’s Katie Simpson.

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Meanwhile, Andrew Coyne posits that the damage in this agreement is slight but there was no hope for a broader trade agreement given that there were protectionists on both sides of the table. Likewise, Kevin Carmichael notes that the deal limited the potential harm that was looming, but didn’t really break any new ground. Andrew MacDougall says that the deal gives Trump the win he needed before the midterms, while it will also make it hard for Andrew Scheer to stick anything on Trudeau around the deal. Chantal Hébert agrees that if Trudeau loses the next election that it won’t be because of this trade deal. Paul Wells, meanwhile, takes note of how the Conservatives are playing this, trying to lead observers by the hand to show them that Trudeau “failed” in these talks, while glossing over all of the actual context around why these negotiations happened in the first place.

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Roundup: Dissent without disloyalty

Yesterday on Power & Politics, we saw something that is far too rare in Canadian politics, but should be the norm. In response to the government signing on the US’ recent initiative at the UN to basically renew the “war on drugs,” Liberal MP Nathaniel Erskine-Smith went on the show to publicly disagree with his party and the government that his party forms, and more to the point, we didn’t see anyone clutching their pearls about this, or higher-ups in the party make threats. Shocking, I know.

The civics refresher here is that all MPs are supposed to hold government to account, whether they’re in the opposition or in the government’s backbench. Holding the government to account is the very raison d’etre of Parliament, but you wouldn’t know it given how many government backbenchers think it’s their job to be cheerleaders, to give unquestioning support, and possibly to suck up in the hopes of a Cabinet posting or parliamentary secretary position. I also know that this isn’t quite as true behind the caucus room door, but we see very little dissent in public. We see even less dissent in other parties – the NDP enforce solidarity and uniformity in all positions, and have been known to punish MPs who step out of line, while we’ve seen the amount of tolerance that the Conservatives have for dissenting opinions with Maxime Bernier’s post-leadership experiences (though I will grant you, there is still some diversity of thought in there, but it’s rarely expressed publicly). And while I don’t praise Justin Trudeau for many things, I will say his openness to dissenting voices is unquestioningly a good thing in Parliament.

And this brings me back to Leona Alleslev’s defection to the Conservatives last week, and the statements she made about how she didn’t think she could openly criticize the government and not be perceived as disloyal. This is one of those statements of hers that I called bullshit on at the time, and I will call bullshit on it doubly today given this latest incident where Erskine-Smith broke ranks and nobody is calling him disloyal for it. He’s doing the job he’s supposed to do, and which not enough MPs take seriously (and this is also because the lack of proper civics education and training for MPs when they’re elected). I’d like to see him setting an example that others will hopefully follow.

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Roundup: Harder’s charm offensive

There’s a charm offensive in the works, led by the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, and his staff, to try and showcase how they’re transforming the Senate. In a profile piece of the “Government Representative Office” for the Hill Times, the three members of the office gave lovely little explanations of their duties, and how they’re doing things differently, like Senator Mitchell talking about how he doesn’t have a caucus to whip, so he’s focused on counting votes for upcoming bills, and arranging briefings and such. Bless.

What didn’t get answered in the piece is just why Harder needs his $1.5 million budget, since he isn’t managing a caucus, he isn’t doing his job of negotiating with other caucus groups for the passage of bills, he isn’t doing any heavy lifting in terms of sponsoring bills on behalf of the government, and as we saw during one of his melodramatic moments in the spring, doesn’t appear to be counting votes either. So why he needs that big of a budget, and that many staff, remains a mystery that has gone unsolved. Harder also remained evasive as to just how often he meets with Cabinet, which continues to be problematic because he’s supposed to be the link between the Chamber and the Cabinet, where Senators can find accountability for the actions of the government (which is why he’s supposed to be a full-blown Cabinet minister and not just a member of Privy Council). They did say that he wasn’t at the recent Cabinet retreat, which raises yet more questions, especially when it comes to how he plans to get their priorities through the Chamber as the Order Paper in the Senate is full, and he’s been in no mood to negotiate timelines (which I know for a fact that other caucus groups are willing to do).

Part of the problem with this charm offensive is that it’s preying on the lack of knowledge that members of the media have with how the Senate works, so they don’t know how things have and have not changed – and for the most part, the only thing that has changed are the fact that Harder and company insist on renaming everything and not doing the jobs they’re supposed to be doing, shifting that burden to the other players in Senate leadership. My other worry is that this is the first stage in the push to start making changes like the demand for a business committee, which would have a hugely detrimental effect on the Chamber and its operations. And I would caution any journalists reading to beware of what Harder plans to propose, and how he plans to charm other journalists into writing feel-good stories about his planned rule changes without understanding how they will damage the Senate.

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Roundup: Carbon backstop bolstered

News of the forthcoming report on the benefits of carbon taxes (and the associated rebates) to individual Canadians has been ricocheting through the Hill, from Liberals cheering on its results – found to be bulletproofed by the fact that they come from Stephen Harper’s former policy director – to Conservatives who are trying to insist that it’s really all a scam, and that these rebate cheques will never actually appear because they want to preserve the narrative that it’s all one big tax grab to pay for Trudeau’s “out of control” spending, and so on. But as economist Kevin Milligan points out, it’s going to be pretty tough for them to ignore

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It’s almost like the federal government had this in mind when they gave provinces the directive to design carbon pricing programmes that fit their local economies, with the federal backstop being in place if they chose not to. And has been pointed out, it’s going to be hard to run against the programme if people are getting cheques in the mail from the federal government.

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Roundup: Triumphalism after a defection

Andrew Scheer took the occasion of caucus day yesterday to give another lap of triumphalism in order to crow about Leona Alleslav’s defection to his party, calling her a symbol of “misplaced trust” by Canadians in Justin Trudeau. And, feeling his oats, he told Trudeau to “bring it on” when it comes to defending a carbon tax in the next election. Now, cheerleading films aside, Scheer may want to be very cautious about his plan to go full-bore on the carbon tax attack, given that those provinces who have decided to fight the plan and have the federal government impose their backstop price instead may find that instead of their citizens benefitting from lower income taxes or provincial rebates, they’ll instead be getting their rebate cheques from the federal government, which is a pretty visceral thing for most people. Add to that, a study coming out next week says that it’s likely that people will be getting more back in those rebate cheques than they paid into carbon taxes because of dividends from industrial emitters being returned to individuals, which could be a blow to the message that Scheer is trying to send about affordability.

In amidst this, Scheer has been trying to press the case for Energy East, demanding that Trudeau bring Trans Canada back to the table in order to discuss reviving the project. The problem, of course, is that there is no economic case for Energy East. At one point, it was seen as a viable route to tidewater with no others in the works, but that changed with the approval of Trans Mountain (err, temporarily delayed right now), and Keystone XL, which Trans Canada also is the proponent of, and there wasn’t enough product to fill both KXL and Energy East, so they focused on the more viable project – KXL. Scheer has also tried to insinuate that Energy East would displace Saudi oil in Eastern Canada, but that’s also not true, given that the whole point was for it to be a pipeline to tidewater. Saudi oil is cheaper to import than for Alberta oil to ship by pipeline, not to mention that there are no upgraders or refineries in the East capable of handling heavy crude from Alberta (again, unlike KXL, where those kinds of refineries line the Gulf coast). The Irvings themselves said that Energy East wouldn’t stop the flow of Saudi oil to Canada, but Scheer is trying to play the economic nationalism card, and is stretching the truth along the way.

Meanwhile, Chantal Hébert warns Scheer that if he plans to make immigration an issue over the coming year, he may want to pay attention to what’s going on in Quebec, where it’s turning out to be something of a poisoned chalice for the CAQ in the provincial election.

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QP: Supply Managed Pipelines

After a morning of caucus meetings, the benches were full in the Commons as everyone was ready for the first photo-PMQs of the fall. Andrew Scheer led off in French, mini-lectern on desk, and he read about the “failure” of the Trans Mountain pipeline. Trudeau responded with the tired trope of the environment and the economy going together, before saying they would consult Indigenous people again, and that the Conservatives only wanted to minimize environmental protection. Scheer reiterated the question in English, got the same response, and Scheer then insisted that their government got four pipelines built and accused the government of trying to phase out the oil sector. Trudeau responded with his talking points about economic growth rates. Scheer railed about the $4.5 billion sent to Texas investors, while Trudeau said that the Conservatives must be content to see the project fail because it his government hadn’t bought it, the project would be dead in the water. Scheer ditched his script for the final quote is on, and demanded the prime minister scrap the environmental assessment bill. Trudeau retorted that the Conservatives didn’t have any plans to do anything they demanded. Guy Caron led off for the NDP and railed about Supply Management, and Trudeau repeated his talking points about supporting the system. Caron tried again, got the same answer, and then Ruth Ellen Brosseau took a turn, and she too got the same response. Alaistair MacGregor repeated the question yet again in English, with a Vancouver Island spin, and wouldn’t you know it, he too got the same response from Trudeau, before he repeated his new quip that the Conservatives will sign any deal no matter how bad.

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Roundup: All about Alleslev

As the fallout from Leona Alleslev’s defection to the Conservatives continues, the comments from her former colleagues have remarkably tended not to be bitter or angry, but more bewilderment as she didn’t express any concerns to them beforehand, though there was understandably some shock from her riding association. That’s a bit shocking considering the pure vitriol that we’ve heard from Conservatives when they had defections in the past (particularly when women defected, if you recall the misogyny lobbed at Belinda Stronach after her floor-crossing). Of course, that also hasn’t stopped the Liberals from leaking effusive emails of praise that Alleslev sent them, and speeches she gave that completely contradict everything that she told the Commons on Monday when she made the decision. I remain struck by this insistence that the current government isn’t offering the “foundational change” she claims to be looking for, yet is aligning herself with a party whose recent policy convention was pretty much dominated with resolutions to simply turn back the clock to the Harper era, which was apparently a golden age. If she wanted “foundational change” from that, I’m not sure that going back to reinforce it is what she’s looking for.

Meanwhile, here’s a look at some of the history of floor-crossings in Canada, and the trends for when it goes well for those MPs, and when it all goes down in flames.

Bernier blindsided

Maxime Bernier’s team is finding it hard to keep up with online groups pretending to act on his behalf but have no actual associations with him, and which are posting offensive material and items that he says are contrary to his positions. I have two things to say about this: 1) It’s hard to believe that his team are such rank amateurs that they didn’t secure these domain names in the first place, which bodes ill for the kind of logistical knowledge they would need to run a national campaign; and 2) Bernier has brought much of this on himself. By winking to white nationalists, and by not even dog-whistling, but rather playing these tunes with a tuba, he’s invited the very xenophobes that he claims aren’t welcome in his party (as he keeps playing their tunes on his tuba while staring wide-eyed as they keep flocking, like he’s the Pied Piper of racists). This credulous, naïve act he’s putting on is getting a bit tiresome. If he doesn’t understand how his message plays out, that’s another strike against him being ready for the prime time of leading a credible political party.

Please note: I’ll be hosting a live chat today at 7 PM Eastern for $10 subscribers to my Patreon, to answer your questions about the return of Parliament. Subscribers have access to exclusive content not available elsewhere.

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Roundup: The people’s vanity project

Yesterday, Maxime Bernier confirmed his party will be called the “People’s Party of Canada,” just like so many communist parties in the world. Oops. And like those other “People’s Parties,” he won’t hold a contested leadership race, and he’ll get the final say on policies, so that’s off to a great start. Even better was the fact that his logo is simply a repurposing of an old Reform Party logo, and the policy page is a word-for-word copy of the Libertarian Party’s policy (which people also insist was a copy of Bernier’s leadership race policies), so that’s a great start. And during his press conference, he already started with the policy musings that apparently originated from the Internet’s darker recesses. So there’s that.

And aside from the trite attempt to use gay rights as a cover for bashing Muslims, Bernier has a glimmer of awareness that he’s going to be branded with the xenophobes he’s riling up, and he insists that anti-Semites and xenophobes will be kicked out of the party, while at the same time as he’s still using not-even-thinly-veiled xenophobia to try and create a wedge between his nascent party and the Liberals. But while he hopes to make immigration and refugees (and yes, there is a difference) between them as a wedge, he’s already getting warnings that he’s going to have to be very careful to keep the racists out (not to mention the alt-right, the MRAs, and whichever other dog-whistles he happens to be blasting at the time).

Meanwhile, John Geddes deciphers Bernier’s messaging and what he’s offering based on it, while Andrew Coyne reminds all of those who insist this will simply split the Conservative vote that yes, there is actually room in the Canadian political spectrum for such a “worthy experiment,” assuming that Bernier were capable enough to pull it off (and Coyne, like the rest of us, has his doubts). And Paul Wells delivers an epic takedown of Bernier’s potential voters.

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Roundup: No magic wands or Senate public bills

Prime minister Justin Trudeau went to Edmonton yesterday, and amidst his many media appearances, made a few key points – that getting approval for Trans Mountain was a priority, that while considerations like an appeal or legislation were part of the “all options on the table,” he also made the point that he won’t use “legislative tricks” to get it through, and made some pointed comments about the Conservatives demanding that he wave a magic wand that doesn’t really exist to get it built. If you listened to what he was saying through the layer of pabulum that wraps all of his statements, the core point was that they will comply with the Federal Court of Appeal decision and find the best way to fulfil the roadmap to approval laid out therein.

And oh, what legislative tricks are being proposed. In a particularly boneheaded move, Independent senator Doug Black insists that passing his Senate Public Bill on the Trans Mountain pipeline will declare it in the national interest, and poof, problem solved. (He also suggested giving the NEB four months to redo the portions of the assessment related to marine tanker traffic, when credible people who know these processes say that’s a six-month process, so score another win for Black’s credibility). The problem of course is that there is no actual legislative solution to the issue – the certification is a Cabinet decision, and while some people suggest retroactively changing the legislation to keep the NEB scoping as it was in the report Cabinet based its decision on that the courts found to be flawed, that’s a prospect that will only engender more litigation and will cause further delays – which is why Trudeau has been making the point that they need to ensure long-term solutions so that there will be investor confidence (as Suncor’s CEO announced that they would halt any expansion of their operations until there is a firm pipeline in the ground). Oh, and no piece of legislation can get around Section 35 obligations for the duty to consult, and while I can see some political merit in getting the Supreme Court to weigh in on what exactly constitutes meaningful consultation, it sounds an awful lot like passing the buck to them in order to take the heat off of a political issue, which they really don’t appreciate, and frankly they’ve ruled enough times that governments should have a good idea about what constitutes meaningful consultation.

To add fuel to this fire, Jason Kenney has started making pronouncements about how this recent Court decision is “fuelling separatism” in the province, which really irks me because this wasn’t some bureaucratic decision out of Ottawa – it’s about the rule of law (and if you really want to be technical, the bureaucratic decisions of the NEB came out of Calgary, which is where their headquarters are located). Kenney is being a bad actor and is holding out lighters for arsonists to grab, only to turn around and say “Who, me? I wasn’t inflaming anything! I’m just relaying what I hear,” which is a very dubious denial, and he’s playing with fire in order to score some cheap political points. Add to that, his agitating against the rule of law has darker authoritarian tones, as Colby Cosh pointed out last week, given that this notion about Canada not being “open for business” because the courts protect peoples’ rights. He should be called out on this, rather than being encouraged to keep making these points by credulous journalists (just like those same voices who let Senator Black go unchallenged in that piece).

Meanwhile, Andrew Coyne makes that very point – that this ruling is about the rule of law, and that’s a good thing. Too many actors in this are trying to muddy the waters or accuse the judiciary of some kind of activism that they’re not actually doing (while encouraging their own type of activism that would ignore the rule of law in favour of perceived economic benefit), which is a very worrying sign.

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Roundup: Setting a trap at committee

The use of Commons committees for performative outrage continued in fine tradition yesterday as an emergency meeting of the natural resources committee was convened, during which the Conservatives demanded that the ministers of natural resource and finance appear before them no later than Thursday with “concrete” plans for the next steps of the Trans Mountain pipeline. This, of course, is a bit of a trap, and unrealistic for any government to comply with, and yet here we were. Why it’s a trap, of course, is that when they inevitably refused and the Liberals con the committee voted it down, Andrew Scheer and his caucus could rush to the media about how outrageous it was that Trudeau was avoiding accountability for his “failure” when their demand was utterly unreasonable in the first place. But why should facts or context matter?

Now, don’t get me wrong – I do think that these ministers should absolutely appear before committee, but not for another couple of weeks, until they’ve had time to digest the Federal Court of Appeal decision, at which time they should answer for why they considered the flawed NEB report, and why they did not engage in an adequate consultation process that would meet the requirements of Section 35 of the Constitution. You know – to hold them to account like a committee should.

As for next steps, there have been boneheaded demands for a “legislative solution” that people keep tossing around, and it’s so stupid – the FCA decision specifically stated that this is a Cabinet decision to approve the licence, so you can’t legislate it into existence, nor would trying to retroactively change the legislation that the NEB was operating under when it didn’t properly scope the marine safety aspect of their report be a feasible option, because it opens all manner of cans of worms. And you most especially can’t legislate away the duty to consult under Section 35, so good luck there. The Conservatives won’t say what they’d do, let alone do differently, while the NDP continue to demand that Trudeau cancel the expansion, and have been giving this ridiculous line that they wanted a Supreme Court reference in the first place and nobody listened to them. The problem was their reference was about jurisdiction, which this decision has nothing to do with, which makes their talking point especially specious.

Meanwhile, Chris Turner has a spectacular piece in Maclean’sabout the history of the pipeline and how it got to be the dumpster fire of an issue that it is today, and I’d encourage you to take the time to read it.

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