Tag Archives: Canadian History

Roundup: Limited federal options on Bill 21

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So, the fight over Bill 21 in Quebec is gaining some traction now that there have been real-world consequences, and a bunch of MPs (mostly Conservatives) who previously said nothing about it—and who previously supported odious things like “barbaric cultural practices tip lines” and “Canadian values tests”—are now speaking up and recanting previous positions. Which is good, but while everyone is hoping for some kind of federal response or action on the legislation, I’m not sure there is an actual avenue. Consider this from constitutional law professor Carissima Mathen:

https://twitter.com/AaronWherry/status/1469013986142298114

This is essentially what Justin Trudeau has been saying—he’s opposed to it, but this isn’t the time for the federal government to step in. That time will be when the fight reaches the Supreme Court of Canada, because then they have a legitimate avenue to be an intervenor in the case. Until then, they can say they oppose it—and they have much more so than other parties—but they’re also not making wild symbolic actions that won’t mean anything. And while both Erin O’Toole and Jagmeet Singh say they are personally opposed (and Singh has a legitimate dog in this fight), Singh has been somewhat blank on actions a federal government could take, while O’Toole made it clear he wouldn’t interfere in any way because a) provincial jurisdiction, and b) he’s spent his entire leadership trying to suck up to François Legault and out-Bloc the Bloc, for all of the good it did him in the election. And there are demographic considerations that play into the political calculations as well:

Meanwhile, Chantal Hébert, lays out the political calculations and options for Trudeau and O’Toole when it comes to challenging Bill 21. Paul Wells adds a boatload of more context to the situation both federally and in Quebec, and gives some sharper thoughts as to why the federal government has vanishingly few levers but nevertheless has options.

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Roundup: Theatre of the absurd, housing motion edition

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The closer the House of Commons gets to rising for the winter break, the more absurd theatre we see. Yesterday was case in point, with the Conservatives’ second and final Supply Day of the calendar year. The topic was housing, but their motion was a complete dog’s breakfast of nonsense, contradiction and outright unconstitutional demands. Because of course it was.

The point was made that the inclusion of the outright lie about capital gains taxes was a ploy for the Conservatives to say that the Liberals were not ruling it out when this motion as inevitably defeated (as indeed it was). But Liberal Mark Gerretsen though he was being crafty and tried to move a motion after QP to head off those talking points, trying to call for unanimous consent to reaffirm that they wouldn’t tax capital gains. But the motion didn’t pass, so Gerretsen tried to spin that too, and it’s just utterly stupid that I can’t even.

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Roundup: Freeland has a KGB file

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I think it goes a little unappreciated at times as to just what a force of nature Chrystia Freeland can be. This weekend, we learned about her KGB file – wherein she was code-named “Frida” – from the time she was a university student on an exchange programme in Soviet Ukraine. She was ostensibly there to learn the language, but she was already fluent (she spoke it at home growing up, and still speaks it at home with her children), and instead spent much of her time organising local dissidents, and acting as a fixer for foreign journalists (which set up her later career). And along the way, she knew how to evade Soviet surveillance and send letters through the Canadian embassy in Moscow where the diplomatic pouches couldn’t be searched. The KGB was apparently not only worried about her, but impressed by her talents and felt she could have made a great spy.

Having read this, I was reminded of a debate that took place in the House of Commons in the waning days of the Harper government, when then-parliamentary secretary James Bezan was trying to minimise Freeland’s connection with Ukraine, and tried to make it sound as though Freeland was inventing it. (Remember that the Conservatives very much try to play up their connections with the Ukrainian diaspora community across the prairies, because they have votes there). Never mind that Freeland’s mother helped write Ukraine’s first post-Soviet constitution, but we have learned more about Freeland’s own activities in organising movements that helped bring down the Soviet presence in that country.

The fact that our deputy prime minister has this history is pretty interesting stuff, and all the more interesting as she is very likely to be the next prime minister of this country. Add to that, the fact that she is currently a persona non grata in Russia and the subject of sanctions by that country makes it all the more fascinating that she could soon be in charge of this country.

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Roundup: What open nominations?

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Do you remember when the Liberals considered themselves the party of open nominations? And how they were always going to uphold the democratic right of riding associations to run fair, open and transparent processes to select the candidates that would appear on the ballot for them? Because apparently the party has put this particular bit of democracy, openness and transparency down the memory hole as they continue to acclaim candidates from across the country. In two of these cases, the acclamations came a mere day after the incumbents announced that they weren’t running again, and in one of those ridings – Kanata-Carleton – there was the making of a contested nomination as rumours swirled that Karen McCrimmon wasn’t going to run again, and the riding association was frustrated that they couldn’t get any kind of answer from the party on how and when to run said contested nomination.

Now, the party is going to defend its honour by pointing out that their rules state that they can declare a state of “electoral urgency” to bypass the nomination process, but this is more of the Liberals’ penchant of letting the ends justify the means. They created the rules that were easily gamed, and frankly, the “electoral urgency” clause is a load of bullshit because they were using it in 2019 in the months before the election when they knew they had four years to have this process ongoing because there was a fixed election date under a majority parliament, so there were no surprises. Yes, the pandemic has made nomination races tougher because of public health restrictions, and the party has come under fire for using a verification system that includes facial recognition technology (which BC’s privacy commissioner is investigating, per that province’s laws), but again, these were things that the party should have been cognisant of and dealing with rather than simply wringing their hands and pulling the “electoral urgency” alarm to fast-track their hand-picked candidates, thwarting local democracy, and accountability.

Open nominations are one of the most important and fundamental building blocks of our democratic system. When parties flout those rules, it hurts the entire system – especially as it cements even more power in the leaders’ offices. That the Liberals are so blatantly ignoring their own supposed values in this crucial stage of the democratic process is a sign that the way the party rewrote their constitution to fit the Trudeau era is a very real problem that they are going to have to do a lot of soul-searching to address, especially when that age comes to its inevitable end.

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Roundup: The Languages Commissioner goes rogue

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We appear to have another Independent Officer of Parliament who has decided to go rogue, as the Commissioner of Official Languages, Raymond Théberge, has announced that he plans to investigate the nomination process that selected Mary Simon as Governor General, given her lack of French. There are, of course, a whole host of problems with this, starting with the fact that the GG is not a federal bureaucrat and is not included in the Official Languages Act. Her office in Rideau Hall is certainly subject to the Act, and there is no question it will operate bilingually, but Simon herself is not. Furthermore, she is appointed by the Queen on the advice of the prime minister, and the advice that he gets from his appointments committee (as problematic as the current structure may be) is non-binding.

Théberge, in that case, has decided that he’ll investigate the Privy Council Office for their role in supporting said committee and providing advice, which…is a stretch. A very, very big stretch. The whole sham investigation is already outside of his mandate, and more to the point, it is hugely colonial at that, and certainly not exactly befitting the stated goals of decolonization and reconciliation. (There is, of course, the matter of this government’s apparent hypocrisy in how it treated the appointment of Simon and how it treats the appointment of Supreme Court of Canada justices, but that is also not exactly something that Théberge could investigate).

Meanwhile, Philippe Lagassé enumerates these points, explains the role of convention versus legislation in these kinds of appointments, and most especially points to the fact that Théberge might want to better familiarize himself with the Constitution, given that the appointment didn’t violate any Act of Parliament. What a gong show.

https://twitter.com/EmmMacfarlane/status/1417267990790279174

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Roundup: Misconduct at CBSA? You don’t say!

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It was not really a surprise to see the news that misconduct investigations of CBSA officers has increased over the past year – even in spite of travel volumes being down precipitously over the last year – and cases included things like interfering in an immigration process, belittling clients, abusing authority and sharing private information. Partly why this isn’t a surprise for me is because I’ve been tracking some of this for a while – I’ve heard horrific stories from lawyers, and from the Senators who have been pushing for independent oversight for CBSA for years.

That independent oversight still hasn’t happened. There have been numerous bills introduced in Parliament to provide it, and the most successful to date was a Senate initiative to create an Inspector General for CBSA. This was something the Liberals used to be in support of. Ralph Goodale was set to sponsor the bill in the Commons, until he became minister for public safety, then suddenly wouldn’t touch it with a bargepole. When the bill passed the Senate unanimously, no one in the House of Commons dared to sponsor it there, MPs on the Liberal side having been warned away, and Conservatives were certainly not going to sponsor a Senate Liberal bill (and the Bloc and NDP most certainly were not either). The Liberals did introduce a weak sauce version of an oversight bill at the end of the previous parliament, with no time for it to go through, then again early in the current one, which died on prorogation and hasn’t been introduced since. That version would put CBSA under the RCMP’s Civilian Complaints and Review Commission, but for all intents and purposes, CBSA would still be investigating itself, meaning that the oversight is certainly not independent (and the CCRC is having a hard enough time getting the RCMP to sign off on its own complaints, which can’t be formalized until such sign-off).

The political will for this seems to be non-existent, which is strange, considering that the Liberals did reimplement plenty of other oversight for national security institutions like CSIS and CSA, and while some of CBSA’s activities call under the ambit of the new national security oversight bodies, it doesn’t capture the oversight of all of their activities. There are known problems with CBSA, and it’s unthinkable that a law enforcement body like it doesn’t have proper civilian oversight. The disconnect is unfathomable, but puts another mark in the column of Liberals being weasels about their promises once again.

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Roundup: The choice of patios over schools

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Days after Ontario premier Doug Ford put on a dog and pony show of consulting scientists, health experts and educators about whether to re-open schools for in-person learning for the remainder of the school year, demanding consensus, Ford declared yesterday that he was going to cancel those classes – but he wanted all grades to have an outdoor graduation at the end of the year. This genius suggestion apparently came from a letter he got from a child, and he immediately headed to said child’s home to discuss it. That’s right, Ontario – not only is this province run by incompetent and unethical murderclowns, but they’re taking policy suggestions from literal children.

Pouring salt into the wound, Ford is now trying to push up his re-opening dates for the economy, immediately contradicting his handwringing that schools are too unsafe because of the variants of concern in the community, but those very same variants would be as much a threat to other businesses re-opening, so it’s neither credible nor cogent. And even if we’ve got good vaccination numbers, the hospitalisation and ICU numbers are still way too high to consider any kind of re-opening, or we’ll just repeat the same pattern we did with the previous two waves of this gods damned pandemic. But hey, he wants people to have a beer on a patio.

And we need to keep this in mind, especially when it comes time to hold Ford to account at the ballot box – he made these choices throughout the pandemic to delay, to take half-measures, to not make schools safe, to do simply try to blame-shift rather than act on areas that are under his responsibility, to sit on federal funds rather than spending them immediately and effectively to do things like expanding testing and tracing, and the economy wasn’t any better off as a result. It’s on him, as these were his choices.

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Roundup: A flawed way to fix the CRA’s mistakes

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Remember the issue with self-employed Canadians applying for CERB, and being told they were eligible for gross income only to later be told that no, it was really net, and they may have to repay it? And then the government came to the realization that they were going to find themselves in serious trouble (such as a class action lawsuit) if they didn’t change course, and let those CERB payments go ahead? Well, for the people who made repayments, they can get that money back – but they have to apply for it. And that becomes the real trick.

With that in mind, here is Jennifer Robson raising some concerns with the whole thing, because CRA is not doing this very well. And that could be a problem for some of the people this is supposed to have been helping in the first place.

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Roundup: The meltdown over NACI

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There was a collective meltdown yesterday as the National Advisory Committee on Immunization delivered its most recent recommendations, saying that they recommended that the Johnson & Johnson vaccine be deployed for those over 30 (even though the current supply in the country is currently on hold pending a review of its quality control), and then cited that mRNA vaccines remained their preferred candidates – and everyone lost their minds.

This is not really unexpected if you have been paying attention, where the chair of the committee in particular has said that because of the “safety signal” attached to AstraZeneca related to the particular blood clots (which are very serious – there is a reasonably high fatality rate related to them) that it would be preferable to get mRNA vaccines, but if someone could not wait for them, then they should get the first available vaccine, even if it’s AstraZeneca. In their minds, it’s about being transparent around the risk factors associated, and they’re right. It’s just that this makes it harder for governments and public health officials to carry on with message that the best vaccine is the first one you are offered. Both are correct, and NACI has a lot of nuance in their guidance that is difficult for people to parse effectively, which is a problem, but it’s a question of whether the problem is NACI’s in how they communicate their guidance, or a problem in particular with media who are supposed to be able to take complex issues and translate them to the public, and yet are not very good at it (often walking away from these releases citing that they are “more confused than before,” which they shouldn’t be if they paid attention). It especially isn’t helped when certain journalists, talking heads, and especially certain MPs conflate the very different roles that NACI and Health Canada have, and try to assert that they should always be “on the same page” when they have different roles. Health Canada determines the safety of the vaccines, NACI offers guidance on the best way to deploy them, factoring in the current local epidemiology and vaccine supplies – guidance which provinces can accept or reject. It’s also why that guidance is always changing – they are reacting to current circumstances rather than just offering a simple recommendation once and being done with it, which most people are not grasping. And they have operated pretty much invisibly for decades, because there hasn’t been the kind of public attention on new vaccines up until now, which is why I really dislike the calls by people to “disband NACI” after yesterday’s press conference.

I get that people want clear binaries, and simple instructions, but that’s not NACI’s job, really, and expecting them to change their way of communicating after decades is a difficult ask. There is a lot of nuance to this conversation, and I will point you to a couple of threads – from professor Philippe Lagassé here and here about this kind of advice and how it’s communicated to the public; as well, here is hematologist Menaka Pai, who talks through NACI’s advice and what it means.

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Roundup: Unnecessary, lethal delays

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The pandemic continues to accelerate in certain parts of the country, because that’s what exponential growth is – exponential. To that end, Dr. Theresa Tam is calling for stricter lockdowns, because the longer you delay, the worse it gets. So what is Doug Ford doing? Delaying until Monday to decide on extending lockdown measures in some regions of the province, and signalling that tougher measures won’t go into effect until Boxing Day – you know, so that there can be more holiday super-spreader events and the situation will spiral out of control that much faster. Good job! And no, there haven’t been actual lockdowns, which is why the measures that have been put into place so far haven’t been effective (and there is talk emerging that some of the hot spots are in large industrial workplaces, that the government is insistent on remaining open).

There is some more promising vaccine news, in that it looks like there will be scheduled 125,000 doses of the Pfizer delivered per week in January, while more freezers are being delivered to provinces to store the doses. As well, the Moderna vaccine is nearly ready for approval (apparently Health Canada is waiting on some more manufacturing data), and new guidance is suggesting that it won’t need to be frozen as initially indicated, which makes it even more versatile for delivery in rural and remote communities.

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