Roundup: The premiers’ pre-meeting

While a Council of the Federation meeting will be happening this week in Saskatoon, Jason Kenney has been planning a pre-meeting for several premiers at Stampede, last night and today. It’s an interesting bit of dynamic because while Kenney is one of the most junior members of the Council (with only PEI being more junior), he’s trying to act like a bit of a ringleader for the various conservative-led provinces as they wage war against Justin Trudeau and the federal government. We’ll see how well that goes over.

Meanwhile, John Horgan says he’s hoping that they can use this meeting to get something accomplished, and that it won’t be a number of premiers trying to have a stand-off against Trudeau in advance of the election. But given that several of those premiers have been having public tantrums over the carbon price, two of them now having lost their court challenges, I’m quite certain that they’re going to have some kind of theatrical blow-out for the sake of Andrew Scheer to come in and try and look statesmanlike. (Have I mentioned that fixed election dates are garbage?)

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Roundup: Solidifying the “new” Senate

Another day, another badly executed wrap-up article on the Senate, this time courtesy of the CBC, which again, has a badly misleading lede in which it claims that “Legislative changes that would have made it harder for a future prime minister to reverse Senate reforms have fallen through.” This is wrong – any changes to the Parliament of Canada Act that the government was contemplating would have had zero effect on the selection process for future senators. Why? Because that’s not governed by that Act, or indeed any piece of legislation – it’s part of the constitution, and clearly spelled out as a prerogative of the Governor-in-Council, meaning the prime minister and Cabinet will advise the Governor General as to who gets appointed. There is nothing that Trudeau could do to bind that advice legislatively – recall the Senate reform reference to the Supreme Court of Canada – that would require a constitutional amendment requiring seven provinces with fifty percent of the population to do.

What would changes to the Parliament of Canada Act regarding the Senate do? The actual proposals were to ensure that leaders of any parliamentary group in the Senate would get commensurate salary increases and resources to put them on par with the what is nominally the government and official opposition in the Senate, and the ISG has been pushing for this pretty hard, but they also were demanding to be part of consideration for vote bells, though I’m not sure why it would matter (particularly given that they have demonstrated time and again that they’re not reliable negotiating partners). But I also suspect that part of the reason why these changes didn’t get proposed was because there is some legal opinion that it would require some kind of buy-in from provinces to make this kind of change, so there was likely little time for the government to add this ball to all of the other ones they were juggling that late in the parliamentary calendar (despite the cries of the ISG). Of course, this hasn’t stopped the media from falsely framing these changes as affecting the selection process, as this has been cited by more than one reporter from more than one outlet, and it’s false.

The rest of the story is again more of the same voices opining on how great the “new” Senate is working, but we fortunately got a bit of pushback from Liberal Senator Lillian Dyck, who did point out that the lack of organisation among the Independents has held up bills and slowed down the process – and she’s right. But nobody wants to talk about that as they’re busy patting themselves on the back for “not being whipped.” There’s more to the Senate than that, and they need to get off this self-congratulation because things aren’t working as well as they like to claim.

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Roundup: Resurrecting sham “elections”

As part of his ongoing fit of pique against the federal government, Alberta premier Jason Kenney has decided to revive one spectacular bit of political bullshit theatre that some of us had hoped was now dead and buried – the sordid practice of Alberta’s “consultative elections” for senators. The whole notion is unconstitutional, and while the Supreme Court didn’t explicitly rule against the provinces setting up their own “elections” as part of the Senate reference, it was certainly implicitly in there, both in the notion that a consultative “election” creates an expectation of legitimacy, but the logic behind it was also completely blasted during the hearing, when Justice Thomas Cromwell asked if a consultative election is fine, why not a consultative auction? Not to mention that the entire election process in past elections has been little more than the electoral equivalent of a show trial – a sham that resembles electoral democracy but is simply designed to return only candidates from a certain party to then form an illegitimate demand that they be appointed. Kenney’s attempt to say that this gives them “accountability” is ludicrous on its face because they don’t face re-election, so there is no actual accountability that can be exercised. The whole farcical exercise has more in common with the sham elections held in communist countries than it does with the actual electoral practices in the rest of Canada, and the fact that Kenney is looking to resurrect this demented kabuki is just more of his campaign of snake oil and lies whose only point is to keep stoking the irrational anger of Albertans and hoping that it won’t blow up in his face. It inevitably will, however, and the whole country will pay the price for Kenney’s arrogance in believing he can manage the monster he created.

In other news of Kenney’s political bullshit theatre, his piece by Chris Turner dismantles the whole raison d’être of Kenney’s so-called “war room,” by pointing to the literal conspiracy theories that underpin the whole thing, and the mythology that Kenney is trying to spin around why capital has left Alberta’s energy sector. And it’s complete myth, but it gets repeated uncritically constantly, and it goes unchallenged by the media, and yet Kenney is creating this $30 million spin machine to further reinforce this mythology and conspiracy theorism, because again, it feeds the anger of his base, telling them that it’s not the fault of the world price of oil that their fortunes have changed, but rather that it’s the sinister forces of dark foreign money that is really behind it all. Without putting too fine of a point on it, this is the kind of thing that fuels the kinds of populist movements that breed fascists. But Kenney doesn’t care, because he thinks he can control it.

Meanwhile, Kenney has suddenly changed his story about the incident where he handed out earplugs during that debate in the Alberta legislature, and it’s gone from it being “light-hearted morale-boosting” to “one of my MLAs has tinnitus and was being shouted at,” which the video clearly didn’t show, and it’s just one more example of Kenney’s smile-and-lie show that he puts on for media interviews, and you can’t help but feel sorry for the interviewers because trying to disentangle his egregious lies is a Sisyphean task.

https://twitter.com/EmmaLGraney/status/1142194069902364680

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QP: It’s simple arithmetic

While the PM was away in Quebec, I watched Andrew Scheer walk into West Block fifteen minutes before Question Period, but he decided not to bother showing up. That left Candice Bergen to lead off, and she railed that the carbon price tax rebates were less than intended and she decried the entire government’s environmental agenda. Amarjeet Sohi stood up and recited the happy talking points about the carbon price leaving eight out of ten households better off, as confirmed by the Parliamentary Budget Officer. Bergen scoffed at the response, and Sohi repeated his talking points. Bergen called the carbon price a “greedy tax plan,” and Sohi reiterated the same points yet again but noted that the Conservatives have no plan. Alain Rayes took over in French, and he railed about taxes and deficits, to which David Lametti recited the happy talking points about the strength of the economy and the million jobs created since 2015. Rayes and Lametti then went another round of the same. Jagmeet Singh was up next for the NDP, and in French, he demanded lower cellphone prices — which was the substance of his party’s Supply Day motion — to which Jean-Yves Duclos praised the government’s record at reducing poverty. Singh repeated his question in English, to which Patty Hajdu listed measures they have taken and directives they gave to the CRTC to ensure affordability. Singh listed a number of corporate sins of the Liberals before returning to his demand for cheaper cellphone bills. Diane Lebouthillier stood up to praise her department’s work at stopping tax evasion, getting a dig in at Singh because it was supposed to be the subject of the Supply Day motion and they changed it at the last minute. Singh repeated the question in French, and Hajdu repeated her previous response in French.

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QP: Jerry Dias says hello

Wednesday, caucus day, and the benches were full as all of the leaders were present for the day. Andrew Scheer led off in French, accusing Justin Trudeau of being the best thing that could have happened to Donald Trump, and called the New NAFTA a “historic humiliation.” Trudeau reminded him that the Conservatives first demanded capitulation, then praised the deal, and now they were all over the map. Scheer suggested, in English, that the steel and aluminium tariff deal contained a hidden quota, and Trudeau reiterated that the Conservatives had no consistent position. Scheer insisted that any better would have been the one that Trudeau got, and Trudeau reminded him that they couldn’t get other trade deals like CETA done while he did. Scheer then pivoted to the question of Unifor’s presence on the media bailout advisory committee, and Trudeau reminded him that the panel needed to hear not only from media owners but also the employees, while the Conservatives have a history of attacking labour. Scheer tried to carry on, and he rambled about spending limits, when Trudeau brought up the Conservatives’ changes to the Elections Act. Jagmeet Singh was up next for the NDP, and he demanded that the federal government join BC’s lawsuit against drug companies for the opioid crisis, and Trudeau took up a script to list actions the government has been taking. Singh tried again in French, and got the French version of the same script. Singh then demanded the government join US Democrats to fix the New NAFTA, and Trudeau took up a new script to read that the NDP criticised the deal in the House of Commons but privately praised it. Singh changed to English to accuse Trudeau of using misleading quotes, and Trudeau read some more quotes in response.

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QP: Organized labour versus the media

While Justin Trudeau was present today, Andrew Scheer was not, for whatever reason. Lisa Raitt led off and she concern trolled about Unifor being on the advisory panel to name the panel that would determine the media tax credit, to which Justin Trudeau stated that they wanted views from employers and employees, and they wanted to save the media rather than Scheer, who wanted to destroy the CBC. Raitt railed that Trudeau was undermining the credibility of journalists, to which Trudeau reminded her of the job of media, which was why both employers and employees needed to be part of the panel, before accusing the Conservatives of hating organised labour. Raitt took exception to that characterisation, and demanded to know why he didn’t do better with this file, and Trudeau reminded her of the anti-union legislation her government passed before repeating his lines about hearing from employers and employees on the panel. Alain Rayes took over in French and he repeated the demand to remove Unifor from the panel, to which Trudeau repeated his lines in French. When Rayes listed Quebec journalists “uncomfortable” with this bailout, Trudeau repeated that the Conservatives hate unions. Jagmeet Singh was up next for the NDP, and he railed about public service spending levels versus corporate funding, to which Trudeau wondered why the NDP voted against the Canada Child Benefit, which has lifted tens of thousands out of poverty. Singh tried again in French, and Trudeau listed measure they took like raising taxes on the wealthy and lowering them on the Middle Class™. Singh then demanded to pressure the American government to change the New NAFTA per the American Democrats’ demands, and Trudeau stated that they got a good deal and quoted Unifor President Jerry Dias’ praise for the deal — which led to peals of laughter from the Conservatives. Singh tried again in English, and Trudeau repeated the praise, adding in Alexandre Boulerice’s closed-door praise of the deal.

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Roundup: A blow to the tanker ban bill

The Senate’s transport committee voted last night to not proceed with Bill C-48, which bans tankers on BC’s northwest coast, but before anyone gets too excited, I would caution that it’s not the bill’s end. We just saw the Senate’s national security committee recommend changes to the gun control bill that would gut it, and those got overturned by the Senate as a whole, and I suspect we’ll see a repeat performance of that with this bill – but the Conservatives will put up a fight, and because this was one of the bills that they did not offer a final vote timeline in their agreement with the Leader of the Government in the Senate, Senator Peter Harder, they will dare him to invoke time allocation on this. (I plan to write more about this in column form later).

In the meantime, Independent Senator Paula Simons was one of the deciding votes on this, and she explains it all over Twitter.

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Roundup: The rot Chong won’t address

Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Performative outrage and scapegoating

A couple of headlines this weekend made me roll my eyes, and they’re on a related subject. The first was Saskatchewan premier Scott Moe lamenting that federal-provincial legal battles are the “new normal” in Canadian intergovernmental affairs. The problem? That pretty much 99 percent of these cases are frivolous and examples of provincial governments throwing tantrums – and this is not just the various court references about the carbon price backstop, but also BC’s initial challenge to say that they have the power to regulate what goes through a federally-regulated pipeline. They’re futile bids that are the equivalent of shaking one’s fist at the clouds in order to performatively look like they’re being tough, and all it does is waste time, resources, and throw uncertainty into the business climate. If anything, being performative for populist reasons is the “new normal” and the courts are just pawns in the whole affair, which is really unfortunate.

The second headline was a Calgary professor who says that the anger in Alberta is being dismissed as “alienation” when it’s “abuse” by the federal government toward the western provinces – which is patently absurd. Most of Alberta’s problems are related to the collapse in the world price of oil (which has to do with a global supply glut), and the fact that the province has long refused to adequately diversify their economy (because oil money is so addictive). But when things like pipeline projects are being made to respect the constitutional obligations to properly consult Indigenous peoples – as opposed to simply bulldozing over their rights as what used to be the case – that’s “abuse”? Really? That the imposition of a federal carbon price that oil companies have been asking for as part of a market-based solution for the serious climate crisis this planet is facing is “abuse”? Seriously? No, it’s not abuse. The province has obligations to live up to, and scapegoating Rachel Notley and Justin Trudeau for the problems stemming from the world price of oil is populist bilge, and professors who rationalize it are part of the problem.

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Roundup: Vetting judges? Oh noes!

Yesterday the Globe and Mail had a story about how the current government will run potential judicial nominees through the Liberal party’s voter database as part of the vetting process, which was followed by an analysis of how many appointees were Liberal donors. This first came up weeks ago when yet another Jody Wilson-Raybould-related leak revealed that she was trying to “depoliticize” the appointment process by not providing certain information to PMO when she passed along recommendations, which is a problem – not that it was framed that way. This current story follows up on that, and has a few framing issues of its own. There are a few things to unpack in this, but first of all, I’ll let Adam Goldenberg point out a few issues with this analysis:

https://twitter.com/adamgoldenberg/status/1121013782795497478

https://twitter.com/adamgoldenberg/status/1121013787128156160

https://twitter.com/adamgoldenberg/status/1121013789766369280

https://twitter.com/adamgoldenberg/status/1121024056663400448

With this in mind, I have a few thoughts of my own – first of all is that I think Goldenberg is correct in his reminder that vetting includes political vetting – and the party’s database (as Susan Delacourt noted on Power Play) contains more than who donated – they will collect all manner of information as part of their construction of voter profiles, so it makes sense that they would also run potential appointments through this. (The fact that parties don’t have stringent privacy rules around their databases is a discussion for another day). Why? Because the prime minister is ultimately politically accountable for all Governor-in-Council appointments, and that includes judges. And so long as the prime minister is politically accountable, I think it’s reasonable that his office does whatever vetting they deem necessary – and there’s nothing in here to indicate that they’re checking to ensure that they’re voting for Liberal partisans, which we need to keep in mind.

The other aspect of his story that makes me a bit queasy is the implication that there is favour being shown to Liberal donors – and the math bears out a little bit that while seventy percent of appointees hadn’t donated to anyone, twenty-five percent of them donated to the Liberals, which is disproportionate to other parties. But we also need to remember a few things, the primary one being that we need to stop treating political donations as a bad thing. The donation limits in this country are quite small – you’re not going to bribe someone for $1200, let’s face it – and we donations are a form of engagement. Engagement is a good thing. The more we stigmatize past political donations – and those donations could be for a variety of reasons, such as an acquaintance running in a local campaign, or because they wanted the tax receipt – the more we send the message that engagement is bad, which is the very opposite of what we should be doing in a country where we already have abysmal levels of engagement, whether it’s taking out party memberships, donating, or volunteering (and yes, Samara Canada has done research on this). Pearl-clutching stories like this just reinforce this narrative, which is bad for democracy.

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