QP: Litigating actual litigation

While the PM flew off to Chicago to begin his US tour, the rest of the benches in the House of Commons were full and ready for another scintillating day of bad litigation drama. Andrew Scheer led off, mini-lectern on desk, but with the PM away, today he led off on the news story of a government fighting a sexual harassment lawsuit from a Canadian Forces member, but wedged in an Omar Khadr reference at the end, because of course he did. Harjit Sajjan said that they were committed to a harassment-free environment in the Forces, but couldn’t speak to the specifics of the case — despite the fact that earlier this morning, the PM stated that he would have the case looked into. Scheer tried again, but got the same response. Scheer amped up his dramatics for the third attempt, and tried to draw in the justice minister, but Sajjan got back up to reiterate his points, including pointing out how many people they have discharged for sexual misconduct. Lisa Raitt got up next, and repeated the question with full-on anger, but Sajjan reiterated the commitment to Operation Honour, and they went again for another round. Guy Caron was up next for the NDP, demanding taxation for digital giants, and Mélanie Joly said that they wanted to ensure that there wasn’t a piecemeal approach to digital platforms over the long term. Caron tried again in English, noting that Trudeau would be meeting with Amazon on his trip. Ruth Ellen Brosseau was up next to read her condemnation of the government’s actions with that lawsuit, and Sajjan repeated his points. Brosseau read the question again in French, and got the same reply. Continue reading

Roundup: Begun, this wine trade war has

The dispute between the NDP governments of Alberta and BC picked up intensity as Alberta decided to ban future purchases of BC wine within the province – without the consultation of groups like Restaurants Canada – and everyone is demanding that Justin Trudeau step in and do something. Anything. Never mind that Trudeau did just days ago tell audiences in Edmonton and Nanaimo that the pipeline was approved and that it was going to get built, and that it was part of the deal that came with stronger environmental laws.

There are a couple of problems in all of this. For one, there’s nothing for Trudeau to actually do at this point – BC hasn’t done anything yet besides put out a press release, and they actually can’t do anything. There’s nothing they’re actually doing at this point for Trudeau to step in and stop. It’s all just rhetoric at this point. And ultimately, this is all politicking, because Rachel Notley needs an enemy to fight against to show Jason Kenney’s would-be voters that she’s doing the job, and John Horgan is holding onto power only with the support of the three Green MLAs in his province, and he needs to keep them happy, so he’s making noises to do so. Add to that the federal Conservatives are amping up the rhetoric to try and “prove” that Trudeau isn’t really on the side of the industry, or that he’s secretly hoping that these delays will make Kinder Morgan think twice about the project like what supposedly happened with Energy East (never mind that what happened with Energy East had more to do with Keystone XL being put back on the table and being the better option for TransCanada to pursue), everyone is trying to score points. So, until there’s something that Trudeau can do, maybe everyone should hold their gods damned horses and not make the situation worse.

Incidentally, Jagmeet Singh has been dodging questions on this very issue, trying to play his own politics while other levels of NDP government battle it out. So there’s that.

Continue reading

Roundup: What Stephen Harper knew

Some more explosive revelations last night, as Maclean’s acquired and published the internal emails of the Conservative campaign team when it came to their dealing with the matter of Rick Dystra’s nomination in the midst of his allegations that he sexually assaulted a staffer in 2014. Shortly after that was released, statements were put out by Ray Novak and then Stephen Harper himself to give their own versions of what they knew and the decisions they took at the time, and why they justified keeping Dykstra on (though he eventually lost his seat in the election).

https://twitter.com/inklesspw/status/959633034017357824

Amidst all of this, Jen Gerson has a very incisive column on the culture of politics, where sex and booze are the comforts of people away from their homes and families in a cloistered environment that has a frat-boy air to it all. And why nobody acts when it comes to allegations that “everyone knows” about, such as those related to Patrick Brown, is in part because gossip is part of that culture, and where information is power, compounded by the tribalism that comes with partisans who want to protect their own – while spreading dirt about their enemies – makes it difficult to know what to take seriously (and which is why the Erin Weir situation is probably an overreaction, whether justified or not). It’s a worthwhile read that tries to put the past couple of weeks in some better context than we’ve been getting with piecemeal stories coming out, and discussions around the environment on the Hill that don’t take cultural context into consideration as to why it persists beyond just simple power imbalances.

Continue reading

Roundup: Reheated economic policy

Andrew Scheer came out with his first economic policy plank yesterday, and it was pretty much a tepid reheated policy of the Harper era that plans to be packed into a private members’ bill at some point this parliament. The idea is a “tax credit” for parental EI benefits – because Harper-era Conservatives loved nothing more than tax credits, and tax credits are the loophole in private members’ bills that let them spend money without actually spending money, because the rationale is that they’re reducing income rather than raising revenue, but if I had my druthers, I would see that loophole closed because a tax expenditure impacts the treasury just as much as an actual spending programme does. Add to that, tax credits are generally not tracked by the Department of Finance, so their ongoing impact is not reported to Parliament, nor is their effectiveness really tracked either – and yes, there is an Auditor General’s report from a couple of years ago that states this very problem with them.

https://twitter.com/InklessPW/status/959085766029713408

And add to that, this announcement is yet another sop to the suburban family voter that the Conservatives want to try to recapture from the Liberals. Of course, like most of the plans of the Harper era, the tax credit structure doesn’t actually help a lot of the families who need it, and the benefits tend to go towards those who make more money in the first place, which one suspects is why the Liberals’ Canada Child Benefit was seen as a more advantageous plan to that same voting demographic that Scheer wants to target. And don’t take my word for it – here’s Kevin Milligan and Jennifer Robson to walk you through why this isn’t a well though-out plan from an economic or policy standpoint.

https://twitter.com/kevinmilligan/status/959082561090670592

https://twitter.com/kevinmilligan/status/959085082827882496

https://twitter.com/kevinmilligan/status/959087061453033473

https://twitter.com/kevinmilligan/status/959088530117967872

Continue reading

QP: Bardish Chagger, ad nauseam

While the prime minister was off to Winnipeg, the desks in the Chamber were full, MPs ready for another scintillating round of accountability. Or talking points at the very least. Andrew Scheer led off, mini-lectern on desk, and today decided to use the moving expenses of senior PMO staff as his cudgel to demand the PM repay his expenses for that infamous vacation. Bardish Chagger reminded him that the PM accepted the report, took responsibility, and made changes going forward. Scheer switched to English to try again, getting breathy in his punctuation, and Chagger reiterated her response. Scheer insisted that an apology is no good without an attempt to make amends — apparently financially — but got the same response. Lisa Raitt was up next to assert that there were no recommendations in the report, just facts and an assertion of guilt, before she too demanded repayment. Chagger reiterated her points, including stating that he accepted recommendations. Raitt tried a second time more forcefully, and Chagger spelled out that the recommendations came from the former Commissioner at committee. Ruth Ellen Brosseau led for the NDP, demanding to know what the government was doing to get more women elected. Karina Gould said that they were doing more recruit more women, and wanted to ensure that they could thrive once elected. Brosseau tried again in French, got the same answer, and Karine Trudel and Shiela Malcolmson demanded pay equity legislation in both French and English. Scott Brison said they were working with the public sector unions and other unions on the topic, and that they remained committed to a proactive pay equity system.

Continue reading

Roundup: Hehr out of cabinet

In the hours that the drama around Patrick Brown was playing out, another accusation was levelled over Twitter, this time around Liberal cabinet minister Kent Hehr, which seems mostly to involve lewd suggestions he made to female staffers in private during his time as an MLA in Alberta. When news of that reached Davos, Justin Trudeau said he would follow-up and have an answer before they left the country. And just before the plane took off, we had our answer – Hehr had tendered his resignation from cabinet, and during his “leave of absence,” Kirsty Duncan would take over his responsibilities while an investigation was carried out. Hehr remains in caucus, no doubt pending the results of that investigation. Maclean’s spoke with Hehr’s accuser here.

Politically, it’s fraught for Trudeau given that both of his Calgary MPs – both of them veterans of the Alberta Liberal Party – have been taken down by allegations of sexual misconduct. And in a related story, the investigation promised into Kang’s actions has not contacted one of his accusers, however many months later, and that goes for both federal and provincial investigations.

Speaking of Brown, here’s a detailed look at how Wednesday night played out, and some further conversations with his accusers. One of Brown’s (former) deputy leaders called the incident a “hiccup,” and later had to apologize for it.

Meanwhile, Supriya Dwivedi talks about politics’ #metoo moment, and the fact that the Bro Code is breaking down, while Aaron Wherry talks about how #metoo has arrived on Parliament Hill. Chris Selley looks at the path ahead for the Ontario PC party in Brown’s demise, and it’s a messy path given the rules in the party’s constitution, with just four months to go before the election.

Continue reading

Roundup: Oprah and the rot of populist politics

As a rule, I don’t really comment on American politics, but this issue of Americans clamouring for Oprah Winfrey to run for president in 2020 has been getting a lot of press lately. Colby Cosh runs through why it was probably a trial balloon that fortunately deflated, while Rachel Giese worries that the dismissal of the possibility amounts to more racism and sexism rather than dealing with some of Oprah’s ability to connect with people. And she does have that – I used to darkly muse that Oprah could almost certainly run for president and win because back when I worked in book stores during my undergrad years, and every time Oprah mentioned a book, we would be inundated with calls and demands for said tome. Early on we weren’t given advance notice, and it was a gong show, and after she alerted publishers beforehand and we were sent ample shipments of said volumes in time for the show to air, it was more manageable chaos, but it never failed to surprise me with how much she had an ability to influence the viewing public’s shopping choices, and made me wonder how far that power could be extended.

But the fascination with celebrities running for office is not new or novel, and is part of a sign of the deeper rot of populism within our political discourse. The distrust of the political class and career politicians has long been sown by populists, and Canada is no exception. Conservative MP Michelle Rempel penned her own op-ed to talk about this urge for celebrities to be political saviours, and outlined her own particular list of what it takes to make good political leaders (including a few subtle digs at Justin Trudeau in there, naturally), but while she talks about the disconnect that people have between their ability to examine government as its role in our lives has expanded exponentially over the past seventy years, she misses one key point – that Canadians aren’t taught how to engage with the system.

Because we aren’t taught anything other than the fact that you mark a ballot every three or four years, we don’t know how to nominate candidates that speak to our values or that better reflect the diversity in our communities. We don’t understand how the role of joining parties creates a relationship with the caucus because the party creates an interlocutor role between those who are serving in Parliament or in government and those on the ground. We aren’t taught how the act of joining parties entitles us to take part in policy discussions that shape where we want the party and the country to go. All of those are huge ways of engaging in our system of government, but we’re largely not taught them in school, which fuels the disconnect that people feel, which drives people to populists, whoever they may be. Because celebrities are comforting, familiar figures, people will flock to their siren calls, oblivious to the danger of smashing against the rocks they perch upon. It’s why we need proper civics education, so that we can combat the ignorance that fuels the willingness to entertain this celebrity nonsense.

Continue reading

Roundup: No knockout punch from Dawson

As expected, former Ethics Commissioner Mary Dawson’s appearance at the Commons ethics committee yesterday was a show for the cameras. Throughout the hearing, opposition MPs kept trying to get Dawson to insist that it was a big deal that Prime Minister Justin Trudeau violated conflict of interest rules, and she kept rebuffing them, not giving them the clip that they were looking for. Because really, ever since former Auditor General Sheila Fraser remarked that the Liberals “broke every rule in the book” when it came to the Sponsorship Scandal, reporters and partisans have been trying desperately for another officer of parliament to give them a similar line (kind of like how everyone keeps looking for a “knockout punch” in a leadership debate that won’t ever come). Dawson also wouldn’t play ball when it came to the Conservatives trying to insist that the PM repay all of the costs of the vacation, and in fact seemed to defend some of them, so too bad for that attempted clip.

That’s not to say that there wasn’t some value in the exercise. For example, while the PM and Dawson will dispute the extent of Trudeau’s friendship with the Aga Khan for the purposes of the Act, had she agreed that they were close personal friends, Trudeau would have been found to have contravened the Act in another fashion when he sat in on two meetings related to the Aga Khan Foundation (even though she didn’t find that he unduly influenced those meetings based on his relationship). Nevertheless, the “friends” exception in the legislation was cause for some level of debate and indeed consternation among MPs, but it’s something that Dawson thinks they might as well just get rid of in the statute.

And amending the Act was part of the discussion as well, both with regard to closing loopholes, and the discussion on penalties. Regarding loopholes, Dawson said that she needed to interpret that Morneau was within his rights to indirectly hold his shares in holding companies because she had previously recommended that said loophole be closed (and, shockingly, MPs ignored the suggestion). If she suddenly interpreted the legislation differently, that would have been a problem, hence her need to apply the law in a consistent manner. Regarding penalties, Dawson said that she feels that naming and shaming political figures is punishment enough, which didn’t sit well with MPs who wanted a sliding scale of penalties to demonstrate the severity of the offence. (Andrew Coyne also advocates “meaningful penalties” but won’t say what qualifies). The problem with this, of course, is that it turns any violation into a political circus as MPs fall all over themselves to demand the stiffest possible penalties for their opponents in order to score points, ignoring that the whole exercise is one designed for political consequences, which Trudeau has and continues to face. The other aspect is that greater penalties also create the conception that these are criminal sanctions, which the opposition has already been exploiting with language about how Trudeau “broke federal laws” to give the impression that he has committed a criminal offence (which he has not). Changing the rules to encourage this kind of demagoguery doesn’t help our ethics system in the slightest, and would probably do far more harm than good in the interest of scoring a couple of cheap points.

Continue reading

Roundup: Ethics committee theatre incoming

We can look forward to a heap of bad political theatre next week as the Commons’ ethics committee plans to sit on Tuesday and Wednesday in order to demand that the PM appear before them to answer questions in regards to the Ethics Commissioner’s report into his Xmas vacation with the Aga Khan, and to hear from the now-former Commissioner on the report the following day. And you can expect that it’s going to be nothing short of howls of sanctimonious indignation. Oh, and there may be legitimate procedural roadblocks to their plans given that the report hasn’t been presented to the Commons yet, according to a former Commons procedural clerk.

Regarding the demands that Trudeau appear, it would be highly unlikely that the Liberals on the committee will let that go ahead (and they have the votes to block it if necessary). And if the Conservatives cry foul, they can turn around and point to the fact that they blocked an attempt by the committee in the last Parliament to have Stephen Harper appear before them to answer questions related to the ClusterDuff Affair, and fair is fair, besides which, Trudeau has answered in Question Period and the media on this issue. And really, why would a PM expose himself to an hour of MPs trying to play Matlock, asking questions that are all traps designed to get him to incriminate himself, and then baying at the moon when he refuses to answer. It would be worse than the performances we see in Question Period these days (which are generally terrible), and we’d get the same quality of answers from Trudeau, which will be some fairly pat and trite lines unless they trip him up (which is the whole point).

Oh, one might say (and Althia Raj did on Power & Politics last night), if they want to show that this is really a new era of accountability and transparency, they it might be in their best interests to go ahead and have him go before the committee, to which I remind people what happened when Thomas Mulcair appeared before a committee to answer questions related to the satellite offices issue. Mulcair blustered, obfuscated, and then proffered a fiction that Conservatives did it too (they didn’t – the “evidence” was a riding office and a party office in the same mini-mall but several doors down from one another, but hey, they were on the same sign by the parking lot), and as he did so, all of his partisans flooded social media praising that “this is what accountability looks like.” I’m not really sure that this is the kind of thing we want to revisit.

As for Dawson’s appearance, it’s “as an individual” since she will be officially retired by then, and we can imagine that it will be much the same – each side fishing for a media clip that fits their established narrative, which they will then flood social media with – assuming that she can answer, given the procedural issue identified. And we can imagine how many questions about Bill Morneau will be asked, followed by the Liberals asking how many investigations she conducted on Conservative ministers, and on and on it will go. It won’t be a constructive use of anyone’s time, but why does that matter when you’ve got cheap political theatre to perform?

Speaking of Dawson, here’s her exit interview with the Globe and Mail in which she defends how much time she took to write that report, confirms that she didn’t discuss Bill C-27 with Morneau (never mind that doing so would violate cabinet confidence and cabinet secrecy – funny how the Globe continually ignores that fact), and defends the advice she gave to Morneau about a blind trust (“You know what the hell’s in there. That’s a defect on a blind trust”).

Continue reading

Roundup: The emancipation of Lynn Beyak

Conservative leader Andrew Scheer, along with his Senate caucus leader, Senator Larry Smith, announced last night that troublesome Senator Lynn Beyak had been kicked out of caucus after she refused to remove blatantly racist “letters of support” from her website. In true Scheer form, he not only didn’t effectively manage the situation, but waited until there was a media storm before he backed down, just as he did with deciding not to give any more interviews to Rebel Media post-Charlottesville, or having to back down somewhat on his campus free-speech zealotry in the wake of another incident (though he did get back on that bandwagon again after the whole Lindsay Sheppard incident).

https://twitter.com/inklesspw/status/949106288289435649

While this move was met with a number of people saying “better late than never,” I’m not so sure. In fact, I think that he’s just created a monster now that Beyak no longer has any kind of adult supervision. Indeed, I suspect that he’s just made a martyr out of Beyak, who can now claim that she’s a victim of “political correctness run amok,” and she will quickly attract a group of odious racists and free speech absolutists, and it’s not out of the realm of possibility that she’ll be yet another Jordan Peterson-like figure (though likely without the need for the Patreon account, given her Senate tenure).

But that Senate tenure is exactly why this situation should have been better managed, and why expelling her from caucus was possibly the wrong thing to do. At least inside of caucus, she could have been managed, and if they had been on the ball, they should have had a better handle on what she was posting to her website and had it locked down long before now, using whatever means of coercion are available to party and Senate caucus leadership. After all, taking her off of committees didn’t seem to do the trick, but I’m not sure what kinds of measures they were using to manage her once that happened, if any. And that’s key, because as someone who has institutional independence and can’t be fired, managing her was the best possible thing that they could have done rather than letting her continue to court racists. (This being said, the fact that she was viewed as a Pollyanna figure by some of her fellows was probably why they didn’t think they needed to manage her as closely, and look what happened as a result).

Beyak is likely to continue to sit as a non-affiliated Senator, as we can be assured that the Independent Senators Group will want nothing to do with her, especially as they have a new rule that means that they need to have a two-thirds vote to admit her into their caucus. While people will howl for her to resign, I sincerely doubt that she will, given that she’ll have a new crowd of adherents that will flock to her now. She can’t be expelled from the Senate unless she’s convicted of a serious crime or is found to be in violation of Senate ethics rules, and there’s nothing to suggest that she would be (not to mention that there will be great reluctance to push her out for what she’s said, no matter how odious it may be, because free speech is greatly valued in the Senate). Trying to have her charged with hate crimes isn’t likey to work as I doubt she meets the bar for that, and dragging her before the Human Rights Tribunal will make her an even bigger martyr with the free speech absolutists. And so now we’ll be stuck with her until February 2024, because the party leadership couldn’t figure out how to properly manage a problem like her. Well done, guys.

Continue reading