Tag Archives: Competition Bureau

Roundup: Tightening the border even more

Posted on by

There was news today from Justin Trudeau in his daily presser (which will happen again today, but I suspect we’ll all be working through the weekends for the foreseeable future), which was not only that the government was working with industry to both increase the capacity at companies which produce medical equipment, and to help other companies retool in order to produce supplies that may be necessary in the near future – something that is akin to a wartime scenario. Trudeau also said that the government had come to an agreement with the United States to essentially suspend the Safe Third Country Agreement, and that for the next 30 days (at which point the agreement sunsets), any irregular border crossers trying to seek asylum in Canada would be returned to the United States.

I have a couple of cynical theories about this move – one of them being that it’s a sop to the Conservatives, who have been crowing about this as other border closures have been taking place. The other theory, which has been put forward by some Washington-based journalists, is that this was in part to offer cover to Donald Trump so that he could take more extreme measures along his southern border. There is also the pragmatist aspect to this – resources are tight with other border closures and screening, so ensuring that there are enough people to man the irregular crossings like Roxham Road, where asylum claimants need to be processed, screened, and now isolated in a federal facility for two weeks, was likely going to stress their resources and capacity. The flip-side of this, however, is that it pushes more people to unmonitored crossings that are further afield, especially now that the weather is warming up, and if they cross there, they won’t be screened and won’t be tracked by public health authorities, and could easily become new vectors for infection – essentially making the government damned if they do, damned if they don’t. The humanitarian aspect of this decision is also a pretty big deal, and does damage to our international reputation, but in this time of crisis, I’m not sure how much anyone is thinking of that, and if it makes it seem like they’re taking action – even if it’s one that will inevitably have more negative consequences than positive ones – then that may be the trade-off for other political considerations at this point in time.

Meanwhile, Here’s an updated Q&A with infectious disease specialist Dr. Isaac Bogoch on COVID-19. Justin Ling worries about the patchwork of information coming from different levels of government as it relates to the pandemic. Ling is also concerned about the government’s tepid response to the pandemic relating to prisoners, and the decision around asylum seekers. Chantal Hébert gives her assessment of how the country’s political leaders are responding to the crisis. Colby Cosh offers some reflections on the state of the pandemic and where it may lead us.

Continue reading →

Roundup: Orphan well alert

Posted on by

A story that did not get enough attention yesterday was out of Alberta, where the organization that is tasked with cleaning up abandoned oil wells is sounding the alarm that the provincial regulator’s rules are not sufficient to prevent the creation of more of these “orphan” wells – at a time when more companies are offloading assets to smaller companies. This is the kind of practice that usually results in the orphaning of these wells in the first place – that the smaller companies start losing money when the price of oil tanks, and they can’t live up to their obligations to clean up the abandoned ones with the money they’re making from the active ones they’ve bought along with them.

This issue was the subject of a Supreme Court of Canada decision last year, where the court said that bankruptcy trustees who take up these companies with the orphan wells can’t simply abandon these obligations under their bankruptcy proceedings as they’re trying to sell the active wells to new buyers – that their environmental obligations can’t be jettisoned because it’s inconvenient for them. (More on the underlying issues here). This also reinforces the polluter-pays principle, which governments say they’re in favour of – except when it’s inconvenient. Like right now, for Jason Kenney.

Why this issue deserves more attention is because Kenney (and to a lesser degree Scott Moe, who is following the pattern set out for him by Brad Wall) has been demanding that the federal government spend their dollars on cleaning up these orphan wells under the rubric of it being job-creation, or good for the environment. Kenney’s demand for retroactive stabilization funds as an “equalization rebate” (which is ridiculous) has been cited on more than one occasion as a means of using the funds for this purpose, which would essentially be offloading the responsibility onto the federal government because the regulator hasn’t been doing an adequate job when these sales happen, and the provincial government hasn’t created strict enough regulations to prevent these wells from being orphaned in the first place. That’s something that we should be holding him – and the industry – to account for, but that means cutting through the obfuscation. There should be no reason why the federal government should be taking on this expense, but this is what they are being asked to do.

Continue reading →

Roundup: Problematic leaked recommendations

Posted on by

On Monday, the Inquiry into Missing and Murdered Indigenous Women will give its final report, and judging from the leaked copy, there will be some consternation with the conclusions, particularly that it considers the deaths as the victims of a “Canadian genocide.” While previous inquiries and even statements by the former Supreme Court of Canada Chief Justice, Beverley McLachlin, have used the term cultural genocide, this report allegedly drops the qualifier. That will likely be a hurdle because there would seem to be an implication that a genocide implies an organised effort – which there was on the cultural side (because it was inconceivable to think that they shouldn’t be converted to Christianity and “civilised” because that was the dominant cultural framework), but I think it will be hard to stretch that to deaths that are more attributable to poverty and intergenerational violence – we can’t forget that the vast majority of perpetrators of these deaths were Indigenous men (and that there are even larger numbers of Indigenous men who have are missing and murdered).

As for recommendations, the headline one also appears to be problematic – that instances of domestic violence against Indigenous women that result in death be regarded as first-degree murder – and that the use of “Gladue principles” be reviewed with cases of deaths of Indigenous women. That again will be problematic because the Supreme Court ruled on those principles as a way of addressing intergenerational violence that leads to higher rates of incarceration for Indigenous people, and again, if the majority of perpetrators of violence against Indigenous women are Indigenous men, does this recommendation then not demand that more Indigenous men be incarcerated? While the recommendation is rooted in the principles of denunciation and deterrence, I’m not sure that’s sufficient given the broader implications. As well, some of the recommendations like making Indigenous languages official and on par with English and French don’t seem to grasp the practical considerations of ensuring that there be federal services provided in 60 different Indigenous languages.

It also sounds like the government isn’t going to readily accept all of these recommendations Carolyn Bennett has been pre-consulting on what she’s been hearing out of the Inquiry, and she’s not in favour of harsher sentences because it goes against evidenced-based policy as to what is effective. She also noted that their bill on changing child welfare systems for Indigenous communities will do more to prevent the intergenerational violence that the current broken system does. We’ll see what the formal report and its apparent 230 recommendations entail, and what the government’s response will be, but this leak and Bennett’s response sounds like they won’t be endorsing the whole thing.

Continue reading →