Tag Archives: Conservative Leadership

Roundup: Looking for the path forward

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The day in protests and rail blockades did not improve much, with more temporary layoffs announced, and new blockades were erected across the country, one of them near Edmonton, which sparked locals going in to try and dismantle it themselves – the kind of escalating behaviour that could get out of hand very quickly, and yet several prominent Conservative voices were either cheering on that kind of behaviour, or “warning” that more of this would happen because people were “frustrated.” Meanwhile, in Parliament, Andrew Scheer threatened to move a vote of non-confidence as part of the Conservatives’ Supply Day today, but decided to withdraw it late in the day, planning instead on a motion to condemn the current handling of the blockades. One suspects he may have overplayed his hand by threatening non-confidence, but the performative outrage continues to roll along. The premiers are also agitating for a teleconference with Trudeau, which could also happen today, for what it’s worth. As for Jody Wilson-Raybould, she continues to insert herself into this discussion, as though anyone would trust her.

As for the underlying situation, here is look over the history of the consultations with the Wet’suwet’en, and how the company appeared to have cut some corners when it came to the hereditary chiefs and their concerns. Here is a look over some of the issues with the different types of chiefs, and what is known about the agreements with the elected chiefs, as well as some additional context on how Indigenous law interacts with Canadian law. As for the RCMP presence, the hereditary chiefs want them and any company personnel gone from the work site before they hold any negotiations, citing that their presence acts as duress otherwise, and no, replacing the RCMP with some kind of Indigenous police force would not change that situation. What could also complicate things further is that four of the Wet’suwet’en hereditary chiefs have arrived in Ontario to meet with the Mohawks leading the blockades here (while the one Mohawk grand chief who counselled them to dismantle the blockades has now publicly walked back his comments).

So where to from here? It seems to me that given that the government cannot order the RCMP or other police forces to clear the blockades – particularly without escalating the situation and creating a series of Oka or Ipperwash crises across the country – nor can they order the RCMP to withdraw from Wet’suwet’en territory, it means that it’s up to Coastal GasLink to swallow the losses and go to the court to withdraw the court order that the RCMP went in to enforce that touched off this whole mess. One has to wonder whether anyone is counselling them to that very effect, but if that’s the way out of this situation, then they may have to take their lumps and do their part to walk the country back from the brink, because there don’t appear to be any clear paths out of this particular mess otherwise. It should also be a warning to other developers that they can’t keep cutting corners, particularly with regards to Indigenous peoples. CGL should have consulted the hereditary chiefs as well as the elected ones, provided proper reassurances that no, this was not a stealthy way to put a bitumen pipeline through their territory (because yes, that conspiracy theory is floating around), and done that work ahead of time. The days of cutting these corners has to stop, or we’ll keep going through this exercise time and again.

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Roundup: Checking Scheer’s privilege

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The solidarity protests with the Coastal GasLink protesters continue across the country, and police continue to hold off on enforcement while dialogue continues – Carolyn Bennett is slated to meet with chiefs in BC, while Marc Miller will be meeting with the Mohawk protesters in Ontario today using the protocols of the covenant chain. And amidst this, Andrew Scheer decided he needed to get involved. It didn’t go well.

Scheer’s tone deafness over the “privilege” remarks likely stem from the belief that the Conservatives have convinced themselves of, that it’s just rich, foreign-funded radicals who are protesting while the First Nations want the projects to proceed because jobs – which some do, but it delegitimizes the legitimate grievances and differences of opinion within Indigenous communities (even if all of the protesters aren’t themselves Indigenous). Add to that, Scheer’s insistence that ministers should be directing the operations of the police is wrong-headed (and dangerous – this is how police states happen), which forgets that even if Bill Blair could get on the phone and direct RCMP to enforce injunctions, the ones in Ontario that have shut down the rail network are squarely within the jurisdiction of the OPP. Oops. There may be some debate over how much authority that governments have to direct enforcement in cases like these, but Scheer (and Scott Moe, who has also been echoing his comments) should know better. That they don’t is a bad sign for the governance of this country.

Meanwhile, Chris Selley decries the ongoing blockades but makes some interesting points about the way in which the male hereditary Wet’suwet’en chiefs displaced the female hereditary chiefs who were in support of the project. Colby Cosh is bemused at how threatening commuters in Central Canada is the kind of leverage that Alberta could only dream of having. Matt Gurney recalls Christie Blatchford’s book on the Caledonia crisis, and how the Ontario Progressive Conservatives apparently didn’t learn anything from what happened then, given their absolute silence over what is happening under their jurisdiction.

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Roundup: Ministers inbound

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The ongoing protests in support of those First Nations hereditary chiefs protesting the Coastal GasLink pipeline have not yet resulted in arrests, raids, or other police action to enforce the court injunctions just yet, and VIA Rail has shut down passenger rail service throughout the country, while CN Rail has shut down their eastern Canadian operations for the time being, and that means temporary layoffs. There has been more government responses now – BC premier John Horgan is setting up new meetings, while Carolyn Bennett is heading to BC to meet with those hereditary chiefs, while Marc Miller will be meeting with the Mohawk leaders setting up the blockades in Central Canada (while Justin Trudeau says he remains apprised of the situation while abroad, and will be returning to Ottawa tonight following the conclusion of the security conference in Munich). Trudeau reached out to one of the First Nations leaders leading a solidarity protest blockading the port in Prince Rupert, and that seems to have worked, as they agreed to dismantle that particular blockade.

Part of what is underlying the response to these protests seems to be an aversion to another Oka crisis – so we’ll see whether there have really been any lessons learned, thirty years later. And police action would inflame the situation, and they seem to be alive to that situation, which is probably a good thing. I have to wonder if part of the response to this isn’t also a bit of a mirror of what we saw recently with the CN Rail strike, where certain voices started immediately howling that Parliament needed to be summoned in order to ram through back-to-work legislation or there would be dire consequences, and the government held off and lo, a resolution came within about eight days. Was there some disruption? Yes. Was the outcome better than if they had taken out the sledgehammer? Undoubtedly. And it would seem to me that similar thinking is underway here. Despite a few middle aged, white male columnists are melting down over, things are not at a crisis level – they are largely inconveniences, which is the point of protest. And by not making things worse, there remains a chance to resolve this in a peaceable manner.

This having been said, the cries that Trudeau is off trying to secure a UN Security Council seat instead of dealing with this “crisis” are myopic and don’t grasp what the seat would do for Canada (articulated in this thread), though I will lay that on this government’s chronic inability to communicate their way out of a wet paper bag. I also suspect that the hereditary chiefs’ attempt to launch a constitutional challenge against the pipeline on an environmental basis is going to blow up in their faces, so I’m not sure either side is doing themselves any particular favours in all of this.

https://twitter.com/EmmMacfarlane/status/1227934187090518022

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Roundup: Holding off on enforcement

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Indigenous protests continue across the country in support of those protesting the Coastal GasLink pipeline, with not only rail disruptions, but also blockades around legislatures and city halls (Halifax city hall being a target that nearly kept Chrystia Freeland from the building). Thus far, police have not cleared any of them despite warnings that enforcing the various court orders will be imminent, and even some Indigenous leaders are calling on their people to end the blockades. That doesn’t seem to have persuaded any of them just yet. (The Star hears from protesters themselves here).

While Jagmeet Singh is calling on Justin Trudeau to return from his foreign trip early to deal with the situation, and Andrew Scheer hinting that he wants politicians to direct the RCMP to enforce those court orders right away (which is a very bad idea and has led to past flashpoints with Indigenous communities), Trudeau says he and his Cabinet are monitoring the situation but are content to let the provinces continue to handle those issues that are within their jurisdiction – as well he should. I suspect that one of the reasons why the RCMP and OPP are holding off on any enforcement actions just yet are because moving too soon will simply generate more sympathy for the protesters and possibly escalate the situation across the country, whereas waiting another day or two will lose those protesters any sympathy as the inconvenience becomes too much for most Canadians, and that most of the protesters will get bored and go home on their own before too long.

Meanwhile, Susan Delacourt remarks on the impossible situation that Justin Trudeau has been placed in by this situation, while Chris Selley wonders how we can be considered a grown-up country if we can allow the disruptions to continue without treating it like a serious situation that it is for many people affected by it. As well, here is an explainer from last year about the dispute within the Wet’suwet’en First Nation, and how that affects the duty to consult.

Teck Frontier mine

I wanted to point you to this piece, written by energy economist Andrew Leach and environmental law professor Martin Olszynski, which puts a lot more facts and context on the table regarding the Teck Frontier mine application and what is really being considered by Cabinet. In particular, because market conditions have changed so much since the project was first proposed in 2011, and the (flawed) economic impact analysis along with it, it means that the expected economic benefits are far, far less than what was initially promised (when they assumed oil at $95/barrel; it’s currently hovering around $50/barrel), and that will have to weigh in on the government’s decision. After all, the decision tends to boil down to how much economic benefit is worth the significant adverse environmental impact of the project – and it will be significant. And if the benefits are far below what they were initially sold to be, does that make it worthwhile to approve the project knowing that the benefits won’t necessarily outweigh the impact. It’s certainly worth thinking on – especially as the provincial government is now casting aspersions on the First Nation that is balking after the lack of ongoing engagement, and the rhetoric continues to heat up to outsized proportions.

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Roundup: Protests and impossible demands

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The protests in support of the hereditary chiefs who are against the BC Coastal GasLink pipeline continue to disrupt the rail corridors in central Canada, though that may soon come to an end as the OPP has stated that the situation has become “dire” and threatened enforcement of court injunctions soon enough. Rail service has been cancelled for both freight and passengers, which is going to cause some economic disruption, especially as other sympathetic protesters have been attempting to blockade ports on both coasts. The federal government maintains that they are very concerned about what is happening, but state that these remain areas of provincial jurisdiction, and that’s something that we can’t simply handwave away.

And this is something that should be remarked upon a little more – the demands that the federal government get involved with the Coastal GasLink situation are essentially saying that the government should ignore the constitution, or that when a group feels aggrieved by the provincial government that they can then turn around and demand that the federal government do something, like asking your mother for permission after your father says no. Meanwhile, some of the protesters – like those staging a “sit-in” in the Department of Justice building, are making novel demands of the minister that are outside of his powers, and which don’t respond to how government operates in Canada – particularly given that the RCMP operates at arm’s length and doesn’t take orders from the justice minister or any Cabinet minister. In this case, they are enforcing a court order, which again, the government can’t simply step in and make disappear. We have a rule of law. And yes, the situation is complicated by the fact that there aren’t treaties in this area of BC, which means there is uncertainty as to the rights and title question (which have been under negotiation for years, if not decades), but the justice minister can’t wave a magic wand. Real life doesn’t work like that, and for this group to declare that if he doesn’t wave a magic wand by today that “reconciliation is dead,” well, it’s more than a little precious.

Meanwhile, these protests are giving rise to other voices who want to exploit the situation, like Conservative leadership hopeful who says that if he was prime minister, he would do something about it. He won’t say what – but by gum he’d do something! Jason Kenney, meanwhile, is trying to build the case that this is somehow a “dress rehearsal” for future pipeline protests, and calling these actions “ecocolonial” (whatever that means). Meanwhile, his environment minister is slagging the First Nation chief who has raised concerns about Teck Frontier and the lack of engagement by the provincial government, saying that it’s just about money and the government has to worry about taxpayers. Of course, unless Kenney and company don’t tone it down, things are bound to get worse because of the underlying complexity, so perhaps people need to take a deep breath.

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Roundup: Open letters and complications

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Alberta premier Jason Kenney took the next step in his performance art when it comes to demanding the approval of the Teck Frontier mine, and released an open letter to Justin Trudeau, which reiterated his points for the approval of the project. Of course, he didn’t actually tell the truth with all of those points, which is kind of awkward. (And hey, CBC, you could have done more than just retype Kenney’s letter and actually include some of the pushback, like Andrew Leach’s fact-checking).

Leach also has some problems with the lack of a viable reclamation plan for the project’s end-pit lakes, which is kind of a big deal, because it does seem like they’re trying to handwave away the problem, and hope that maybe in the future they’ll have a magic new technology that will solve the problem. That’s not a good thing. (Thread here).

Meanwhile, the federal decision on the Teck Frontier mine may be complicated as at least one affected First Nation says their concerns aren’t being addressed by the province, which is kind of a big deal. In fact, he said that the federal government has been doing their part, but the province under Kenney’s government has pretty much walked away after the previous government was doing the work with them – hence why they’re calling for the project to only be conditionally approved, with the condition being that the province be given a deadline to complete their talks with the First Nation and addressing their concerns about the impacts that the project (if it goes ahead, which it likely won’t anytime soon) would have on their local environment. It would seem to me that it’s a problem that Kenney keeps insisting they have full Indigenous sign-off on the project if in fact they actually don’t – but the truth hasn’t stopped him at any point thus far.

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Roundup: Kenney’s Washington mistruths

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Apparently the lure of trying to wade into American politics was too strong for Jason Kenney to resist over the weekend, and he joined Doug Ford in taking swipes at Democratic Party hopefuls over the Keystone XL issue, before telling a Washington audience that Justin Trudeau’s former principal secretary, Gerald Butts, had conspired with the Obama administration to kill the Keystone XL pipeline – which is funny, because it was during the Harper government, and Trudeau has been on the record of being fully supportive of Keystone XL the whole time. Kenney’s Mini-Me, Scott Moe, insisted that this fable was “absolutely correct,” which is a lie in and of itself. And of course, people brought their receipts.

Of course, Kenney has nothing to fall on but lies about the state of the oil industry in order to keep the attention off of himself and his government’s failings in trying to manage the shifting economy – and his convenient target is always Justin Trudeau, whom he needs to keep his voters angry at as a means of distraction. That said, his audience laps it up, and that has pretty much eliminated any sense of shame that Kenney had left. There was a piece in this weekend’s tablet edition of Maclean’s that interviewed so-called “Wexit” supporters, and they all repeated the same memes and lies that Kenney and company peddle, along with a healthy amount of self-delusion, that Kenney also stokes by way of his rank dishonesty. He is continuing to play with fire, as he feels he’s clever enough to put it out and be declared a hero before it gets too big, and trying to do it from Washington is not only a sign of hubris, but possibly of his own desperation.

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Roundup: Escalating costs for compliance

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The over-the-top rhetoric over energy projects in this country hasn’t been limited to the Teck Frontier mine decision. No, we got a new round of it yesterday when Bill Morneau disclosed that the Trans Mountain expansion pipeline costs have increased to $12.6 billion, in part because of environmental changes and accommodations for local First Nations. Predictably, both the Conservatives and project opponents lost their minds – the Conservatives melting down that this was somehow because of this government’s delays (erm, you know there were court processes in between, right?), apparently oblivious to the fact that this was the cost of compliance to get it built; the opponents because of the increased price tag over a project that they are certain will increase carbon emissions (even though it is more likely to decrease them as those contents would simply flow by rail otherwise). Jason Kenney, of course, takes the cake for his own outsized rhetoric on the matter.

From Washington DC, Kenney and his Mini-Me, Scott Moe, were both being remarked upon for how toned down their rhetoric has been of late (which I contend has to do with Trudeau and Freeland calling their bluff on their “equalization” bullshit), but they certainly kept up it up around Teck Frontier, and Alberta’s environment minister was thundering about the news reports of a possible federal “compensation package” if the approval was not granted – which was, of course, full of lies about the merits of the Teck proposal. And the notion that the federal government simply needs to “get out of the way” pretends that the biggest woes are the price of oil, and the fact that the US shale boom has hobbled the viability of the oilsands.

Meanwhile, Heather Scoffield makes note of the fact that all reason has gone out of the “debate” over the approval of the Teck Frontier mine. As if to illustrate the point, Matt Gurney repeats a bunch of the well-worn justifications for approving the project under the notion that Alberta needs jobs and not bailouts, without seeming to recognize that it’s not currently economically viable, while ignoring that delays to TMX were not because of government action but Indigenous court challenges under their constitutional rights, or that there is a reason why the Conservatives ensured there was Cabinet sign-off on these decisions. Chantal Hébert points out that the Liberals will lose whichever way they decide on this project.

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Roundup: The meaningless debate over Teck Frontier

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The debate over approval of the Teck Frontier oilsands mine is reaching completely absurd levels, right up to warning that this will be an existential crisis for Confederation if the federal government rejects it. There is a fight brewing within the Liberal caucus, and Jason Kenney’s bombast is back to its dangerous stoking of anger for promises that nobody can deliver on. Conservative talking points, as with Kenney’s, are full of complete mistruths about the proposed emissions targets of the mine if it goes ahead, and they exaggerate the initial environmental assessment, which was skeptical about many of the claims the company made about their emissions. That Teck has promised to try and be carbon neutral by 2050 is also something that should be taken with a massive grain of salt because they haven’t outlined how they’ll get there, and it sounds an awful lot like technosalvation – that they hope to develop some miracle technology between now and then.

And it’s just so stupid because it’s unlikely that the project would even go ahead even if it were granted approval, and yet this is somehow supposed to be the great saviour of the Alberta economy. It won’t be. Teck has stated that even if they get approval, they would need another partner, more pipeline capacity, and the price of oil to be at least $75/barrel, and it’s currently sitting around $50, and unlikely to start climbing anytime soon as the global supply glut continues, and the shale boom in the US continues to drive down prices.

Nevertheless, a number of outlets are reporting that the federal government is preparing a fiscal rescue package in the event that it doesn’t get approval, which people are already panning as tone deaf, and the death knell of investment in Canada, but not one of them is looking at the current economics – that even if approved, it’s not financially viable, and as Andrew Leach points out, there are plenty of other approved projects that are not moving ahead because it’s not economically viable. Should the government prepare fiscal rescue packages for that eventuality too? The problems in the province and in the sector are not the fault of the current federal government, as much as people like to blame them. It’s a bigger, structural problem that has been decades in the making, and the ship isn’t going to be turned on a dime. Blaming Trudeau won’t solve anything.

Meanwhile, if you think this is somehow related to the former Bill C-69 and its environmental assessment process, it’s worth a reminder that this assessment process is under the process that the Harper government put into place, and even then, it’s not like this project is getting anywhere. That should be another signal.

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Roundup: A sledgehammer solution

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Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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