Tag Archives: Catherine McKenna

Roundup: Finding that Alberta voice

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The questions about how prime minister Justin Trudeau will get Alberta and Saskatchewan voices into his reshuffled Cabinet continue to swirl about, and we’re already hearing some fairly crazy theories being bandied about – particularly that Calgary Mayor Naheed Nenshi is going to be tapped for Cabinet, either as an appointee to Cabinet who is not a parliamentarian, or as a Senator. Oh, but there aren’t any vacancies? Well, there is always the emergency provision in the Constitution that the Queen can appoint four or eight additional senators in order to break a deadlock, as Brian Mulroney did to pass the GST. Would this count as a deadlock? Probably not, and the Queen may privately warn Trudeau that this would likely be construed as an abuse of those powers for his political convenience.

https://twitter.com/PhilippeLagasse/status/1187454644315983872

Naming senators to Cabinet is actually routine – in fact, the Leader of the Government in the Senate is supposed to be a Cabinet minister, and while Stephen Harper ended the practice in a fit of pique over the ClusterDuff Affair, needing to give himself more distance from the Senate; Justin Trudeau carried over the practice in his bid to make the Senate more “independent” while appointing Senator Peter Harder to the sham position of “government representative,” while Harder maintains the half-pregnant façade that he is both independent and represents the Cabinet to the Senate and vice-versa (which is bonkers). There should be no issue with Trudeau appointing one of the existing Alberta senators to Cabinet (more from David Moscrop here), or appointing someone to the existing vacancy in Saskatchewan (and Ralph Goodale has already said he has no interest in it).

As for the notion of appointing someone who is not a parliamentarian, the convention is generally that they will seek a seat at the earliest opportunity – usually a by-election to a relatively safe seat. Jean Chrétien did this with Stéphane Dion and Pierre Pettigrew, so there is recent enough precedent. The hitch is that there are no seats in Alberta or Saskatchewan that they could run someone in during a by-election, and the closest would be a promise to appoint someone to the Senate seat from Alberta that is due to become vacant in 2021 (lamenting that it will be the mandatory retirement of Senator Elaine McCoy). It’s not very politically saleable, however. Nevertheless, Trudeau has options, but some of them involve swallowing his pride. (I have a column on this coming out later today).

https://twitter.com/PhilippeLagasse/status/1187536180017061889

https://twitter.com/PhilippeLagasse/status/1187547076470755328

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Roundup: Campaign launch and promises

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As we wait for the writs to be drawn up – and I wouldn’t hold my breath on it happening until at least Wednesday, because they want to ensure that the Manitoba election is over first – we’re ready to start seeing the official campaign launches. The NDP were supposed to have theirs on Sunday, but cancelled it out of respect for Hurricane Dorian hitting Nova Scotia and PEI, only to turn around and then do a “bus unveiling” in Toronto and then head to Ottawa to “open” the campaign headquarters – which was essentially launching the “official” campaign anyway. All of which is a bit of a fiction because the campaign has really been going on for months, because fixed election dates are garbage. (Side note: in the week following the point being made that Singh has not yet visited New Brunswick, and the high-profile defections, that he still hasn’t bothered to make a stop in that province).

Meanwhile, because the NDP have already released their platform, the Parliamentary Budget Officer is starting to cost some of their promises, and the first one was released regarding their pledge to eliminate interest charges on current and future federal student loans.

https://twitter.com/twitscotty/status/1170671191629037569

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Roundup: A victory for carbon prices

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In a 3-2 decision, the Saskatchewan Court of Appeal has ruled that the federal carbon price backstop is not only constitutional, but it also qualifies as a regulatory charge and not a tax, which means that the way it’s being applied is also constitutional. Predictably, Scott Moe has vowed to take this to the Supreme Court of Canada (and a 3-2 decision made this a certainty if the political element wasn’t there already), while Catherine McKenna, predictably, called it a victory for the planet.

In terms of analysis, here is the long thread from economist Andrew Leach’s reading fo the decision, and his commentary on what the dissenting judges got wrong is particularly illuminating. As well, economist Lindsay Tedds’ wheelhouse is the whole difference between taxes and regulatory charges, so she has some comments here. I would note that the majority decision is going to be some of the precedent that Ontario’s Court of Appeal will look at as they’re drafting their own ruling on the Ontario reference, and if New Brunswick, Alberta, and Manitoba proceed with their own challenges, it will help to inform them as well. But with it headed to the Supreme Court of Canada – as Ontario’s will inevitably as well, and everyone knows it – it may not make any more sense for those other provinces to carry on their own challenges as it’s unlikely that they’ll make any more novel arguments, and it would seem to be swifter for all involved to let the SCC process happen sooner than later (though it certainly won’t happen before the next election, and there is a hope among opponents that a Conservative win will render the whole issue moot if they scrap the federal law beforehand).

Jason Markusoff notes that while the court victory is a modest win for the Liberals, the continued carbon tax crusading by Kenney and Ford isn’t winning them much applause from the blue-chip Toronto corporations that they’re looking to attract with their “open for business” shtick. (Here’s a hint: Stop creating uncertainty by cancelling established environmental plans and creating political risk by cancelling projects and immunizing yourselves from litigation). Andrew Coyne, meanwhile, asserts that the ruling is a victory for common sense – as well as the planet.

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Roundup: Musings from a non-committee member

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It was another day of clutched pearls as Liberal MP Francis Drouin, who moved the motion at the stunt committee meeting on Wednesday to adjourn until the planned meeting next week, spoke to CBC about the fact that he thinks that they’ve heard enough and it’s time to move to the next phase of the committee. The problem? That Drouin isn’t actually a member of said committee, so his opinion doesn’t really matter. That he was at the committee on Wednesday is largely because his riding is not far from Ottawa, and that tends to be what happens when emergency meetings get called – most of the regular members don’t end up showing up because of travel times and commitments (or in this case, it’s the middle of March Break, and some of them have families with kids that they don’t see nearly enough). Now, if the Liberals meet on Tuesday, and put a bunch of ringers on the committee when they decide to go in camera to talk next steps for witnesses and timetables, and they decide they’ve had enough, well then, yes, we will have something to complain about. But that hasn’t happened yet, there isn’t any indication about that happening, so let’s all just calm down. Drouin is entitled to his own opinions, but he won’t be making any decisions here.

Should the justice committee opt to end the investigation, here are options that Jody Wilson-Raybould could use to “speak her truth” some more (though given how tactical her silence has been, I wouldn’t hold my breath). I also suspect that after their dire warnings yesterday, the opposition are going to start procedural shenanigans in order to try and force the government to carry on the hearings, but we’ll see how that unfolds.

In related news, it turns out that SNC-Lavalin also tried to recruit the Quebec justice minister to lobby for a DPA on their behalf. As well, a luxury condo in Toronto owned by the Gaddafi family, redecorated at SNC-Lavalin’s expense, has been sitting empty since 2009.

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QP: Making noise for McKenna

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With Justin Trudeau off entertaining the prime minister of the Netherlands, and Andrew Scheer off to Calgary, it fell to Pierre Poilievre to lead off, decrying the “hypocrisy” of the carbon tax, and in response, Catherine McKenna said that pollution would no longer be free, and after raising extreme weather, she praised the carbon dividends that people would receive. Poilievre noted that there was a separate pricing system for major emitters — still bending the truth — to which McKenna said that everyone will pay for pollution including large industry, and the system for trade-exposed industries was the same followed in Quebec and California. Poilievre retorted that no matter where carbon pricing is implemented, governments win and people lose. McKenna responded by reading corporate praise for the carbon pricing system. Poilievre insisted that CEOs didn’t care because they have chauffeured limousines, to which McKenna reminded him that small businesses do get funds before she read some more praise. Poilievre demanded that small businesses get the same “exemption” as large emitters, and McKenna repeated that everyone pays carbon prices — before she read another quote. Guy Caron was up next for the NDP, and he demanded the cancellation of the Saudi LAV contract. Marc Garneau stood up to read that the government was committed a stronger and more rigorous arms trade system and they were reviewing export permits. Caron asked again in French, and Garneau read the French version of the script. Hélène Laverdière reiterated the question again, raising the measures Germany has taken, and Garneau read a differently-worded version of the same script, and Laverdière switched to French to ask one final time, and Garneau this time put down the script to reiterate the very same points he made previously. 

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Roundup: Her Excellency’s many issues

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The floodgates have opened, and stories about the difficult first year that Her Excellency Julie Payette has been having as Governor General have been fast and furious. From concerns that she’s still living at Rideau Gate rather than Rideau Hall despite there being renovated living quarters now available, to concerns about her not telling her security detail where she’s at, the concerns on the ground that she’s breaking convention by not visiting every province in her first year, were all warm-ups for this wide-ranging piece in the National Post that compiles a lot of the things we’ve been hearing unofficially in Ottawa, about what a struggle the year has been. While some of it is growing pains, and some of it are potentially unfair comparisons to having previously appointed Governors General who were superhuman in their ability to take on a volume of work (and in the case of someone like Adrienne Clarkson, write all of her own speeches for 500+ engagements in a year), I was particularly disturbed by the fact that the Liberal Research Bureau was doing the background checks and vetting for the appointment when Trudeau should have kept the Vice-Regal Appointments Committee in operation (and the only reason anyone can think as to why he disbanded it was that it was Harper’s creation and it was simply an act of pettiness). The fact that they didn’t properly prepare her for the role is also a big red flag as to the seriousness with which they undertook the process and the decision. I hope that these are just growing pains and that they’ll sort themselves out, but given how badly this government has managed its appointment processes so far, it really leaves one questioning some of the competence of the senior ranks of this government.

If there’s a silver lining to all of this, I would say that I hope it means that it might encourage some of these charities and organisations that the GG used to be the patron of might look instead to members of the royal family. This could very well be a golden opportunity to start re-forging some links with our monarchy, and getting more royals on our shores to have a lot more face-time and remining both royals and Canadians that we have bonds that need to be strengthened, lest they atrophy. It’s also a particularly good time given the addition of Megan, Duchess of Sussex, to the family, and the fact that she spent that much time in Toronto gives her that connection already, and we should be capitalising on it (not to mention the fact that Camilla, Duchess of Cornwall, has Canadian ancestors including a pre-Confederation Prime Ministers, and we should be milking that connection for all it’s worth too).

Meanwhile, here’s a look at Payette finally getting to Humbolt, Saskatchewan, six months later, and the fact that she’s been reluctant to visit other sites of tragedies, like Fredericton after the recent shootings there.

Special note: If you’re concerned about the tornado that hit this area, they were to the west of Ottawa, and across the river in Gatineau, and nowhere near the Parliamentary precinct. I wasn’t affected, and my power didn’t go out (hence why you’re getting this morning’s roundup).

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Roundup: A trifecta of constitutional buffoonery

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Yesterday was not a good day for the constitutional order in this country, as the Ontario government launched a constitutional challenge of the federal carbon price backstop legislation, arguing that it’s “unfair” and “unconstitutional” – which it absolutely isn’t, but this is about throwing a public temper tantrum in the name of populist outrage – but as David Reevely also points out, it’s about dragging this out in the courts, both Ontario courts and the Supreme Court of Canada well past the next election. Ontario’s two ministers insisted that they had legal opinions that said they had a solid case, but that’s almost certainly false, but I guess we’ll have to wait and see what kind of novel argument they came up with that the courts will laugh out.

As if this big of constitutional buffoonery weren’t enough, NDP leader Jagmeet Singh also came out with a demand that the federal government immediately give cities the ability to ban handguns – which is constitutionally a non-starter, since cities are the creatures of provincial legislation, and criminal powers are federal. Delegating federal criminal powers to the municipalities is similarly a non-starter. (Singh is also a lawyer and should know this).

https://twitter.com/EmmMacfarlane/status/1025031516290613248

https://twitter.com/EmmMacfarlane/status/1025034441410797568

But to cap off the trifecta of constitutional idiocy comes courtesy of the Toronto Star, who asked Ontario Attorney General Caroline Mulroney if she was prepared to use the notwithstanding clause to opt out of the federal carbon tax – which is not something that the notwithstanding clause could actually deal with. Compounding this was that Mulroney’s answer was that they were going to examine all legal options, which made it sound like she was considering it, rather than simply saying “that wouldn’t apply here” and possibly adding “you moron” because it was not only a bad question, it was an irresponsible question and one that was either designed to make Mulroney look stupid (which she kind of did with the answer she gave) or to demonstrate that the reporter in question had no idea what they were talking about. So well done, Star. Slow clap for making all of us look bad in the process.

https://twitter.com/coreyshefman/status/1025022811579006976

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Roundup: Performing partisanship

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Andrew Potter put out a very interesting post yesterday about self-help for partisans, given the tone of the rhetoric right now, and it came at a particularly apropos moment given how unreadable my Twitter reply column has become since the publication of my fact-check piece for Maclean’s. And no, it’s not just Conservatives who are sore that their team has been caught out, it’s also an equal number of their opponents who are utterly obnoxious in using the piece to prove something about the Conservatives.

What has really gotten me, however, are the number of partisans whom I’ve worked with, who have been sources for pieces I’ve written that have savaged the Liberal government, who are taking to Twitter to accuse me of bias. And I had to step back from my reactions to realise something that Potter articulated in his piece:

And maybe that’s the big problem — that everyone has stopped arguing with their opponents, and has decided to simply perform for their supporters.

And this is it exactly – they’re not engaging critically with what I wrote or acknowledging that I have a record of being just as critical on the government on very substantial issues (as opposed to cheap outrage and the usual hairshirt parsimony that means nothing). They have to take to social media to denounce me in order to perform their partisanship. And I get it. But it’s really, really disappointing.

But as Potter also points out, this is also reflecting itself in how Parliament is operating these days – MPs aren’t debating with one another. They’re performing for their base, and we can see that in the way that we went from debate to reading speeches into the void, and from QP that engaged on issues to one that is now solely focused on generating outrage clips for social media. Parliament is ceasing to be about debate or ideas, or about governance or accountability – it’s about performing for your base so that you can win a few more votes. And that’s not only sad, but it’s terrifying for what it means for the future. And that’s why I think we need to have a rethink of where rules changes have gotten us, and start reshaping those rules that will force MPs to re-engage with Parliament in the way it’s intended to run, rather than allowing it to further degrade into this puppet show we’re careening toward.

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Roundup: No, this election won’t be good for electoral reform

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I know that I really shouldn’t give bad columns more coverage, but I can’t help myself, because this is just the first of many that we are doubtlessly going to see in the coming months – that a Doug Ford win on Thursday could get the ball rolling on electoral reform, at least in Ontario. It’s a specious argument, but it’s attractive to a certain class of voter and wonk, so brace yourselves, because this red herring will be coming at you hard in the coming month.

Part of the problem with this particular column is that it doesn’t really make the argument why electoral reform is the logical follow-through for a Ford-led government, because most of the complaints have to do with how Ford won the leadership instead of Christine Elliott. This is not the fault of the electoral system – it’s the fault of our very broken leadership selection system and would largely be corrected if we returned to the system of caucus selection of leaders that our system is designed for. If we had that in place, Elliott would likely have been chosen because she was in caucus at the time that Patrick Brown challenged for the post (while he was still a federal MP, in case you’d forgotten). That would be two dark chapters in the Ontario PC party that could have been avoided, but I digress. The argument here should be that the Ford gong show should be an object lesson in how we need to restore proper leadership processes, where caucus can select and remove leaders in order to ensure that there is proper accountability and more importantly that leaders can’t throw their weight around, that caucus has more power to keep the leader in check. Sadly, that’s not the argument we got.

The balance of the column is a bunch of whinging that parties got majority mandates with less than 40 percent of the popular vote – never mind that the popular vote is a logical fallacy. It’s not a real thing – it’s an extrapolation that magnifies the sense of unfairness by those whose parties did not win, but it’s not a real thing because general elections are not a single event, they’re a series of simultaneous but separate elections for individual seats, and yes, that matters greatly in how the system works, how parliaments are formed, and in the agency afforded to individual MPs.

The other implicit argument being made in pieces like these, though this pieces doesn’t come out and say it, is that proportional representation will likely deliver us a series of coalition governments by nice leftist parties, and we’ll get solar panels on roofs, and great social programs, and no divisive politics because they’ll be forced to cooperate. Won’t it be great? Err, except that’s not what happens, and if anyone thinks it’ll be nice leftist coalitions in perpetuity, they should perhaps look at what’s going on in Europe right now, and how the populist mood there and in North America would have consequences in our own elections that wouldn’t be mitigated like our current brokerage system does, and that could be an even bigger problem. But that’s not the established electoral reform/PR narrative, even though it should be.

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QP: The sexist carbon tax

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Following meetings with the prime minister of Portugal, Justin Trudeau was in Question Period, while Andrew Scheer was absent yet again. Lisa Raitt led off, worrying about the high price of gasoline in BC, which was being “compounded” by the carbon tax. Trudeau reminded her that BC has had a price on pollution for over ten years, and that carbon pricing allows people to make better choices. Raitt went for incredulous, raising the story that Trudeau has meals prepared at 24 Sussex and messengered to Rideau Cottage, to which Trudeau noted that the Conservatives were only interested in political attacks but not action on the environment. Gérard Deltell took over in French, noting that GHG emissions went down under ten Conservatives without a carbon tax — once again, omitting that it was because Ontario shuttered their coal-fired plants and the economic downturn, rather than anything that the then-Conservative government did. Trudeau reiterated that the Conservatives have no plan so they attack. Deltell asked again, and got the same answer. Raitt got back up, mentioned that the question was originally written by Gord Brown and had planned to ask it later in the week, and raised the issue of compensation for thalidomide survivors. Trudeau picked up a script to first give condolences for Brown’s death, and then added that they would have an announcement for those survivors soon. Guy Caron led off for the NDP, raising the problem of web giants creating the demise of advertising in newspapers which impacted press freedom. Trudeau took up another script to read about their support for a free press on World Press Freedom Day. Caron asked again in English, demanding those web giants be taxed, and Trudeau, sans script, reiterated his response and added that they are supporting local media via transition funding and CBC. Matthew Dubé worried about attempting to apply the Safe Third Country Agreement to the entire border, to which Trudeau said that they apply all of the rules and laws including our international obligations. Jenny Kwan asked the same in English, and got much the same answer with a slight admonishment that they were trying to create fear and conspiracy.

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