Tag Archives: CRA

Roundup: See you at the Supreme Court

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In the wake of the Alberta Court of Appeal reference decision on the federal carbon price, both Jason Kenney and his justice minister have been performing a particular song and dance for the media’s consumption, demanding that the federal government immediately remove said “unconstitutional” price, and demanding a rebate for all Albertans under threat of personal lawsuit.
Couple of things:

  1. This was not a court order. It was a reference question, so there is no actual weight to the finding of unconstitutionality. And federal justice minister David Lametti said as much in a letter responding to his Alberta counterpart telling that he would see him at the Supreme Court of Canada.
  2. There is already a rebate. In fact, most people get more back than they pay into it – and they are scheduled to receive the biggest rebates in the country. Demanding refunds is actually a bit gross, because it’s wilfully misrepresenting how the system works.
  3. Suing members of the federal Cabinet is not how the system works. And we actually saw said provincial minister’s old law professor take to Twitter to say that she taught him better than that. So there’s that.

https://twitter.com/cmathen/status/1232874850563260416

Meanwhile, Manitoba is threatening to continue with their challenge to the federal carbon price if they don’t get a deal on the very same thing from the federal government. While the federal government says that they haven’t received a new proposal from Manitoba, you can bet that the province wants to continue pitching a price that won’t rise, which isn’t going to be on because it’s about ensuring a level playing field across the country, and not letting premiers undermine one another in a race to the bottom.

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QP: Lessons from radical activists

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While Justin Trudeau was indeed in the building, he was not to show up for Question Period for whatever the reason, so that left Andrew Scheer to lead off by reading that Trudeau, a former teacher, has taught “radical activists” the valuable lesson that they can bring the economy to its knees and that he would do nothing, before he called Trudeau “weak.” Bill Blair said that a commitment to dialogue and reconciliation was not a sign of weakness, and that they trusted the police to do their jobs. Scheer then railed that the government waited too long to decide on Teck Frontier, to which Jonathan Wilkinson reminded him that it was Teck’s decision, and that the CEO demonstrated the need for governments to work together to come up with climate action. Scheer claimed that the current government’s process killed Frontier, to which Wilkinson reminded him it was under the 2012 rules put in when Jason Kenney was in a Cabinet, and that process pushed all of the problems to the back of the process, whereas their new process turns that around. Gérard Deltell railed that the decision dragging out for nine months hurt the fourteen First Nations in the area, to which Wilkinson read quotes from Teck’s CEO. Deltell accused the government of working against those First Nations — as though the price of oil were not too low for the project to be viable — and Wilkinson quoted the letter’s section on global capital markets looking for clean projects. Yves-François Blanchet was up for the Bloc, and he was concerned about a series of crises in the country that the government was not doing anything about, and demanded that Trudeau meet with the Wet’suwet’en hereditary chiefs. Marc Miller stated that they were talking and building trust. Blanchet demanded that they head to BC to resolve the issue, to which Blair reminded him that it was a serious situation which is why they urged people to lift the barricades, and that they trusted law enforcement when those people didn’t. Jagmeet Singh was up for the NDP, and he bemoaned that people need free dental services, for which Patty Hajdu said that the Health committee would be studying the matter and she looked forward to their report. Singh then plugged their Supply Day motion to change the tax changes to divert money toward dental care, to which Hajdu repeated that she would wait for the committee report.

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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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QP: Being too cute on parole and Quebec

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While Justin Trudeau was in town today, he was nevertheless absent from QP, for whatever the reason. Andrew Scheer led off, and he read a question about whether the government would support their Supply Day motion on committee study of the incident of the murder of a sex worker by a prisoner on parole. Bill Blair reminded him that they have ordered an investigation, and they should wait for answers before jumping to erroneous conclusions. Scheer then read a demand for parole board officers to get sexual assault training as the government plans for judges. Blair reminded him that the judges bill is important, but there was an investigation ongoing. Scheer demanded to know if the parole board officers who made that decision were still hearing cases, and Blair circuitously stated that they weren’t while laying out additional facts. Pierre Paul-Hus demanded the training for parole board officers again in French, got the same response from Blair, and Paul-Hus then demanded that the prime minister fire the parole board members, and Blair responded that the motion contains erroneous facts, but that the government would support it anyway. Yves-François Blanchet was up for the Bloc and, thinking he was clever, stated that if the government points to François Legault’s support for the New NAFTA, would they also support his demand for a single tax return form for Quebec, to which Diane Lebouthillier told him no, that was not going to happen. Blanchet then demanded the government respect the Quebec “secularism” bill, and David Lametti reminded him that groups were challenging it in the courts. Jagmeet Singh was up next for the NDP, and demanded the government stop court challenges of compensation for First Nations children, to which Marc Miller started that they would have a compensation model to propose by February 21st. Singh then raised the strikes in Regina before demanding National pharmacare and dental care, for which Patty Hajdu reminded him they were working on it, and that she welcomed his suggestions.

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QP: A conciliatory note, and then a lie

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And we’re back. While Justin Trudeau and Andrew Scheer were present, and most, but not all other leaders were as well. After a moment of silence for the victims of PS752, Scheer led off, mini-lectern on desk as usual, and he asked for progress on bringing PS752 victims home and holding perpetrators to account. Trudeau thanked him for the question, and picked up a script to note that they were supporting victims, and what he told the Iranian President directly. Scheer thanked him, and then moved onto cancelled energy projects and lied about the cost of living versus wages and demanded that the Teck Frontier Mine. Trudeau reminded him that they were  growing the economy while protecting the environment. Scheer then stated that the government was destroying the energy sector — again, falsely — and lamented deficit spending, to which Trudeau reminded him that they made the choice to invest, and it was paying off. Scheer then switched to gang violence and claimed the government was taking the “lazy approach” of targeting lawful gun owners, to which Trudeau took up a script to list the measures they were taking. Scheer then moved onto the survey which stated that Canada dropped three spots on the transparency ranking (which is a self-reported metric), to which Trudeau listed ways in which Canada was strong on the international stage. Yves-François Blanchet was up next, and raised a potential deportation case and demanded that the minister intervene. Trudeau, with script, to read a platitude about how they examine each case based on merit, and said that they were aware of the case but could not speak to it. Christine Normandin raised the question again, and Trudeau repeated his response. Jagmeet Singh was up next, and demanded did that the government immediately pay the compensation for First Nations children demanded by the Canadian Human Rights Tribunal. Trudeau reminded him that they are working on reconciliation, noted the new approvals under Jordan’s Principle, and that they were still working on the issue. Singh then demanded immediate action on pharmacare and claimed he has a bill to immediately implement it (which a private members’ bill can’t do), and Trudeau took a script to list actions they have taken to reduce drug prices and noted they were negotiating with the provinces.

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Roundup: Ambrose rules out a return

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It was a day of a lot of movement within the Conservative leadership race, with big repercussions to come. Early in the day, we got word that two more names were added to the Conservative race – rookie backbencher Derek Sloan, and failed leadership candidate (and aspiring narcissist) Rick Peterson. Sloan has already come out and said that he’s open to having a debate over abortion, and he’s putting forward this absurd notion that they need to stop being apologetic about being Conservative – which would be great if the party actually put forward conservative ideas like market-based solutions to problems rather than just populist pandering. Shocking. Peterson, meanwhile, is continuing his schtick that his business success is going to translate to political success, even though he did abysmally in the last election and couldn’t secure a nomination to run in the election, which shows you just how profound his organizational skills are. Nevertheless, expect him to position himself as the “Western” candidate in the race.

And then the big bombshell – Rona Ambrose announced that she is officially out of the race. It wasn’t a surprise really, especially as word has been circulating in Conservative circles that she hasn’t made any phone calls or secured any kind of organization while she considered her options. Nevertheless, it now opens the race wide open because a lot of people who had been holding their breath and waiting for Ambrose to make a move can now make their own moves. It also means that currently, Marilyn Gladu is the only woman in the race, which can’t be healthy for the party either. (It also makes me wonder who the Red Tory in this race is going to be, because it’s not actually Peter MacKay).

And just minutes after Ambrose made her announcement, another would-be candidate, former staffer Richard Décarie went on Power Play to expound on his social conservative views. It went as well as can be expected.

While most of the other candidates quickly came out to condemn these comments, there are a few things to note here – Décarie is worth following because he has attracted some organizational heft, particularly from those who were behind Tanya Granic Allen in Ontario, and it’s not insignificant, and when you recall that Brad Trost did come in fourth the last time around. There is a particularly strong social conservative organization within the party, and they do a lot of fundraising and organizing, and that can’t be overlooked when it comes to a leadership race, where those to factors are going to count for a lot more.

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Roundup: Freeland on tour

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For the past two days, Chrystia Freeland has been in Alberta to talk to the mayors of Edmonton and Calgary, as well as premier Jason Kenney, and she is continuing her tour there today, heading to the north of the province, where she grew up. There have been a couple of themes emerging from her tour from those she’s visited – from the mayors, it’s a sense that it’s great that she’s there to listen and hear their concerns, and from Kenney, it’s a bit of a sense of impatience that there haven’t been enough “concrete” actions yet.

I was struck after the meeting with Edmonton’s mayor on Monday about the talk of his trepidation that Kenney’s “Fair Deal” plans would make it harder for cities to deal with the federal government to address their priorities, and that he was looking for some particular assurances – and indeed, we’ve heard for the past couple of years that cities were frustrated that federal dollars weren’t flowing because the provinces were holding things up in what appeared to be some partisan pique (given that most of those provinces now have conservative governments). The federal government has been looking at more ways to deal with cities directly, and this appears to be more confirmation of the need to do just that.

This having been said, I am curious as to when Freeland is going to start further calling Kenney’s bluffs with regard to his “demands” and his threats around them. Justin Trudeau fairly effectively cut the legs out from under Scott Moe’s equalization fairy tales, and one imagines that it’s a matter of time before Freeland starts to – very diplomatically – do much the same with Kenney and some of his utter nonsense. Those “concrete actions” Kenney wants – retroactive fiscal stabilization funds, unrealistic demands related to the former Bills C-48 and C-69 (which are now law) – will eventually need to come to a head and Kenney will huff and puff and claim separatist sentiments will explode, but he doesn’t have too much room to manoeuvre himself – his cuts have proven very unpopular, and the patience of his constituents is going to run out, no matter how much he tries to distract them by fomenting anger at Ottawa. Freeland knows this, and I’ll be curious to see how she manages it.

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Roundup: A promise weaselled out on

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A very important bill has been introduced in the Senate, that has been attempted on more than a few occasions now, and it’s a sign of a promise that the Liberals weaselled out on in the past. The bill? To restore Parliament’s ability to control government borrowing by way of votes – you know, like Parliament is supposed to do as part of their job of holding government to account by means of controlling the public purse. You see, back in the Harper era, they hid the change in one of their massive omnibus budget bills that stripped Parliament of the ability to vote on new borrowing, and instead turned it over to Cabinet. Senators caught it too late, and the bill passed, and whoops, no more ability for Parliament to hold government to account for it any longer. Senator Wilfred Moore introduced a bill to revert this practice on a couple of occasions, and Senator Joseph Day carried on with it in the previous Parliament, and has just reintroduced it in this one.

https://twitter.com/SenDayNB/status/1204502292076154880

The Liberals were all in favour of this back when they were in opposition, and made a big show about promising to restore this to Parliament – and then they weaselled out on it. What they did instead was introduced a debt ceiling of $1.168 trillion, after which Parliament would need to vote to extend it, and said that Cabinet only needed to report to Parliament every three years about the money it has borrowed, starting in 2020. Let me reiterate – they weaselled out of this promise, and at least there are senators who are alive to why this is important for Parliament.

These are principles that go back to Runnymede, and the Magna Carta in 1215, and made more explicit in 1688 when the king wasn’t able to borrow money without Parliament’s consent. The Conservatives broke this important principle of Parliament for their convenience. That the Liberals have refused to act on their promise to restore it is a black mark against them.

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Roundup: Enter the QP scolds

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With the return of Parliament comes the inevitable return of the sanctimonious commentary around the behaviour of MPs in the House of Commons. Already we had Scott Gilmore insisting that MPs “not be assholes,” and this eyeroll-inducing plea from Tamara Miller that goes on about grade eight students. What Miller seems to forget is that the House of Commons is not a classroom. Question Period is not a lecture or a seminar course where all sides discuss this week’s assigned reading. It’s political theatre, and it’s an exercise in holding government to account, and that isn’t always done with dry recitations of scripts and polite golf claps.

The other thing that I keep needing to drill into people is that Question Period is not the totality of what happens in the Commons. The rest of the day you are more likely to be in danger of narcolepsy than you are of hearing heckling or other boorish behaviour. Committees are generally fairly well behaved, but if there’s a contentious issue then parties will send in their ringers to put on a show when they know people are watching. It’s political theatre. Is it always pleasant? No. But most of the hours of the day aren’t anywhere near what happens in QP, and that’s fine. There is also nothing wrong with heckling per se – some of it is very legitimate, whether it’s cross-talk when ministers are saying things that aren’t true, or when they’re not answering the question but rather just reading non sequitur talking points – as happens too often. I don’t think that MPs should just sit on their hands and be silent when they’re being spun or insulted to their faces by some of what governments – regardless of stripe – pull. Does this mean that all behaviour is acceptable? No – there is a lot of behaviour that is more akin to jeering, hooting baboons than to parliamentarians, and yes, some of it is sexist and bullying, but not all of it, but it should be incumbent upon parties and the Speaker to police the excesses, but the constant tut-tutting about any heckling is frankly gag-inducing.

This having been said, should MPs behave better in QP? Sure. The clapping ban the Liberals instituted helps tremendously (when it’s obeyed – it had pretty much broken down toward the end of the last parliament), and frankly, it makes Scheer and Singh look terribly insecure by comparison if they require ovations every time they stand up to speak when Trudeau doesn’t. But honestly, I can’t think of anything worse than the way that these scolds imagine that QP should be.

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QP: Begun, this 43rd Parliament has

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The first Question Period of the 43rd Parliament just happened to be on a Friday, and for the first time in my memory, all of the leaders were present. The PM at Friday QP? Unheard of! And yet, here we are. Andrew Scheer led off in French, mini-lectern reliably on his desk, and he raised this morning’s job numbers and the 71,000 reported job losses, calling it a “crisis.” Justin Trudeau, without script, told him that their plan was about creating jobs and investing. Scheer tried again in English, and Trudeau made points particularly related to the jobs created by the construction of the Trans Mountain pipeline. Scheer insisted that other countries were increasing investments in natural resources, and Trudeau reminded him that blaming foreign activists didn’t get pipelines built. Scheer said that of all the divisions in the country that Trudeau allegedly created, he stated that provincial premiers were united in opposition to Bill C-69, and Trudeau reminded him that the previous Harper environmental regime didn’t work and singled out two projects that continue to face delays. Scheer then worried about a vote around Israel at the UN that he called “anti-Israel,” to which Trudeau took up a script to reiterate the country’s support for Israel. Yves-François Blanchet was up for his federal debut to worry that the government ignored the call by premiers to increase health transfers to the provinces. Trudeau responded that they had committed to some increases related to getting people family doctors and implementing pharmacare. Blanchet then demanded that provincial environmental assessments get priority over federal ones, to which Trudeau spoke about partnerships on the environment. Jagmeet Singh led off for the NDP, and concern trolled that the prime minister was not brave enough to stand up to pharmaceutical companies and implement pharmacare. Trudeau, without notes, said that they were committed to pharmacare but it was an area of provincial jurisdiction and needed negotiation. Switching between English and French in the same question, Singh demanded the government stop taking Indigenous children to court, and Trudeau assured him they were committed to compensation.

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