Tag Archives: CSE

Roundup: Being called to the bar of the Commons

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Following the motion in the House of Commons that the head of the Public Health Agency of Canada has been found in contempt of Parliament for refusing to turn over national security documents to a House of Commons committee, and is being summoned to the bar of the Chamber on Monday, said PHAC president is faced with a possibly impossible choice – if he turns over the documents, he is in breach of the Privacy Act and the Security of Information Act. If he doesn’t turn them over, he is in contempt of Parliament and its powers of production – and he has not been guaranteed immunity if he turns those documents over, not that the MPs who demand these documents care.

What is perhaps more worrying is the apparently cavalier way in which this is being dealt with, as there is very little security around this. The Canada-China committee, which wants these documents, has no security clearances, nor are their communications even secure – the “hybrid” sittings are done over Zoom, and while it’s a slightly more secure version than the commercial one, it’s still not actually secure. As well, I am not particularly moved by the fact that they say that any redactions will be done by the House of Commons’ law clerk, because I’m not sure that he has the necessary security clearance to view the documents unredacted, nor does he have the background and context to read those documents in and apply redactions properly. This is a pretty serious issue that these MPs are handwaving over, and frankly, the way that they have abused the Law Clerk and his office over the course of his parliament by demanding that he perform the redactions on millions of documents that could wind up leaking commercially sensitive information has been nothing short of shameful. It certainly hasn’t been filling me with any confidence that any of the information will be treated with proper seriousness considering that they aren’t promising actual safeguards – or immunity. It very much makes this look more like grandstanding over a proper exercise in accountability.

Meanwhile, here is a history of people who have been summoned to the bar in the Commons, the last time which was in 1913, where the person refused to testify, and spent four months in a local jail until the parliamentary session expired. It’s a power that has very much fallen into disuse, but interesting nevertheless.

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Roundup: Keeping the minister away

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The drip-drip-drip of revelations around the allegations surrounding former General Jonathan Vance continues to be felt, with emails showing that defence minister Harjit Sajjan’s former chief of staff emailing about the attempted investigation, but with the former ombudsman not providing any information that could be deemed actionable, we know it went nowhere until after Vance retired. The Conservatives are trying to use this to “prove” that PMO knew that something was up with Vance and are now engaged in a cover-up, but I am not entirely sure about that. A Liberal MP appearing on Power & Politics last night made the salient points that as soon as Sajjan was alerted to the allegations, he steered clear of them and turned PCO onto the case, because he needed to ensure that this did not become politicised, and if this is the case – and it sounds very plausible that it is – then it’s also quite plausible that these staff were trying to create that ringfence around the minister and prime minister to keep them from getting involved so as to avoid politicising any aspect of the investigation or its fallout.

This of course raises questions about what Sajjan should have done in leaving Vance in place knowing this allegation was out there, and whether or not he had an obligation to pursue the claim against his chief of defence staff. If he was trying to stay out and let the arm’s-length PCO process carry out, and it didn’t proceed because of a lack of actionable information, is that on Sajjan? Or should he have been more proactive in possibly accelerating Vance’s departure, given that he was already reaching what would have been the usual end of his term as CDS (and the fact that he stayed on for three more years meant that Vance became the longest-serving CDS in Canadian history)? Again, it’s a hard call to make because he was trying to keep that separation in place to avoid this being politicized.

Trudeau, meanwhile, says he still has confidence in Sajjan, which had everyone joking on Twitter that this essentially put a countdown clock over Sajjan’s head. But this is a mess that makes it very difficult to sort out because of the considerations at play, and the fact that a parliamentary committee is now digging into this will make it all the more partisan as the days go on. I will not be too surprised if Sajjan is made to fall on his sword about this in a few weeks’ time, but not before the Liberals put up a fight to say that he did all the right things, and that the real problem is that the accuser didn’t feel comfortable enough to want to make the allegations official or actionable – but that gets us back into something of a Catch-22. None of this will end well.

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Roundup: Fuelling the cynicism over pharmacare

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It appears that Jagmeet Singh is attempting to play a particular kind of political long game, designed solely to increase the level of cynicism among voters through a series of cute legislation, disingenuous moves, and outright mendacity. Case in point was the party’s “pharmacare bill,” which died at Second Reading yesterday – something that was always inevitable, and it was planned as a ham-fisted trap for the Liberals, to be amplified by an incurious media that only both-sides issues rather than calls out bullshit when they see it.

To wit – the NDP’s “pharmacare” bill was shenanigans. Private members’ bills cannot spend money (as that is the sole domain of the government), and the NDP thought they were going to be super clever and instead of outright making a spending commitment in the bill, it would build a framework that would then obligate the government to pass a second bill that would have the spending commitment, but I have particular doubts that this could possibly be considered kosher without a Royal Recommendation, because it tries to bind the government into a spending obligation. Add to that, this particular framework is essentially a top-down imposition on provinces that dares premiers to say no to “free money,” which is a) not free, and b) fraught with complications. Both of those particulars make this bill essentially unconstitutional, and if it’s not, then it’s empty political theatre.

The bill was designed to fail. Singh knew that the Liberals were committed to the process laid out in the Hoskins Report, which they have been pursuing with negotiation with premiers, as well as the establishment of the Canadian Drug Agency, which got funding in the 2019 budget. And the Hoskins Report is quite clear that this could take as long as seven years to negotiate the national formulary as part of this process. It’s not going to happen overnight – but that’s what Singh is trying to claim, that all the federal government has to do is cut cheques to provinces if they pay for all prescription drugs. That’s not how a pharmacare plan works. Singh also claims that the Liberals were voting against the Hoskins Report by killing this bill, which dishonest – yes, the report says a federal statute would need to be drafted, but that is the end-point of negotiations, not the beginning.

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And this is the thing – because this was designed to fail, it was an attempt to paint the Liberals as betraying their promise to implement universal pharmacare, when they’re already doing the hard work to make it happen. This is solely about breeding cynicism, pretending that there are magic wand solutions, or that you can force things on provinces by sheer force of will. Singh likes to make promises he can’t keep, and by trying to paint the Liberals as betraying their promises – which they are keeping, but which take time to implement because federalism is hard – he is just breeding unrealistic expectations and disappointment that will fuel disengagement. There has not been any honest discourse over this bill – and attempts to point out the truth are met with hostile responses, including a bunch of straw man arguments that pointing out that this bill is unconstitutional is Trudeau priming to declare the Canada Health Act unconstitutional, which is batshit crazy logic – and that just poisons the well for everyone. Well done, guys. I had not gauged the level of sheer cynicism that Singh possesses for the political process, but he’s made it abundantly clear.

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Roundup: A freak-out over vaccine math

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With things in a particularly…fragile state around the vaccine rollout, leaking numbers without context should be seen as a Very Bad Thing, and yet that’s what happened yesterday morning, when it appeared to look like Pfizer was cutting the number of vials they were sending us before the end of our Q1 agreement, and there was a freak out. Premiers started demanding federal action (as though Justin Trudeau can just strong-arm Pfizer into producing more doses somehow), or badmouthing Pfizer itself (because that’ll help). And it turns out that it was all for naught.

It turns out that with the possibility that the vials of vaccine will be re-labelled to say that they contain six doses instead of five (which apparently is not uniform, and requires either a skilled operator or different syringes which are in short supply right now), Pfizer decided to rejig the math so that there are the same numbers of doses, but just in fewer vials. Health Canada has not agreed to this re-labelling, and has no timeline on when such a decision could be made, but Pfizer apparently jumped the gun in sending new numbers that got misinterpreted (and misrepresented once the context was actually known), and this government can’t communicate its way out of a wet paper bag at the best of times, so its inability to properly communicate these new figures only made things worse (especially as they didn’t smack it down during Question Period). And if Health Canada doesn’t relabel the vials? Pfizer still sends us the contracted-for number of doses. So the freak-out was for nothing – except maybe yet another kick in the ass for this government to get in the game when it comes to getting ahead of these things.

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Meanwhile, we also found out that Ontario had mis-reported its vaccination figures, and they’ve only vaccinated half as many as they said they did, which really puts the province’s hue and cry into the fact that it was running out of doses into a new light – and also the fact that they have been so desperate to blame the federal government for everything. It’s the “look over there” strategy, that certain members of the media seem to keep falling for, every single time. The absolute incompetence of the Ford government never fails to astound.

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Roundup: Political theatre over terrorist listings

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After Question Period yesterday, Jagmeet Singh rose to propose a motion that the government get serious about tackling white supremacy, which included listing the Proud Boys as a terrorist organization. After a brief interruption where Elizabeth May wanted the Soldiers of Odin added to that list – which was ruled procedurally out of order – Singh’s motion passed, and it was a big social media coup for him, which was also turned into a fundraising pitch so that they could “keep the pressure up” on the Liberals to actually go through with it.

The problem? This is all political theatre – and dangerous political theatre at that. The motion was non-binding, and does not automatically list the Proud Boys, but serves as political direction for the relevant national security agencies to do so, but they can’t actually do that, because there are clear processes set out in law to do so. The Conservatives tried this a few years ago with Iran’s Islamic Revolutionary Guard Corps, and to have them listed – which still hasn’t been done, because there’s a process, and established criteria that it appears they don’t meet the threshold of under existing Canadian law.

To add to that, this kind of precedent should be absolutely alarming because it was a year ago that there were people demanding that Indigenous protesters blockading railways be declared “terrorists,” and if this were up to votes in the Commons (though, granted, this was a motion that required unanimous consent), that could turn bad very, very fast. There are established processes for terrorist listings for a reason, and they should be respected – not being used so that MPs can pat themselves on the back and virtue-signal that they oppose white supremacy. That doesn’t solve problems and can make the jobs of legitimate national security agencies more difficult, but hey, MPs get to make some hay over Twitter, so that’s what counts, right?

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Roundup: Pretending there’s a shortcut

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The NDP spent the day yesterday trying to make hay of their private members’ bill, which purports to create a national pharmacare programme. Unless the party has been secretly negotiating with the provinces, it will do no such thing, and it’s pretty much guaranteed that the bill is unconstitutional, both on the grounds that it delves into areas of provincial jurisdiction and the fact that it is inherently a money bill, which would require a Royal Recommendation – which they’re not going to get. Beyond that, this is performative grandstanding that seeks to short-circuit the actual work of implementing a national pharmacare programme that the government is already doing.

Because seriously – I was inundated with replies over Twitter about how the Liberals also promised pharmacare, so how was this different? It’s different because the Liberals a) promised negotiations with the provinces, and b) already have a roadmap to implementation through the Hoskins report, whose steps they are following and have invested money toward. I was also reminded constantly that this bill was modelled after the Canada Health Act, so everything should be fine – err, except that the CHA was the end-product of federal-provincial negotiations, not the starting point to be lorded over the provinces, nor does this address the fact that it is inherently a money bill, which Private Members’ Bills are forbidden from being.

I am also somewhat tickled by the fact that the NDP are considering this bill to be some kind of fait accompli, and in a press release, they claimed that this bill would “guarantee” coverage for Canadians. But that’s a lie,  because none of it can happen if provinces don’t come to the table, and several of them are balking at it because it’s expensive (and the expected savings over the longer term won’t be realised right away), and we are already going through the usual hoops of Quebec saying their provincial plan is good enough and if the federal government wants to go ahead with a national plan then they should be able to opt out with full compensation – and you can bet that Alberta will make the same demand if Quebec is. This bill will not be a shortcut to those negotiations, as much as they might like it to be. The government is moving ahead with the Hoskins Report, which may be slower, but that’s how things get done. Trying to claim they’re not living up to their commitments is one more falsehood that the NDP have become adept in promulgating in order to score political points.

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Roundup: Scheer joins the sister-hiring brigade

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The saga of MPs hiring siblings exploded yesterday as several revelations came to light – that Andrew Scheer not only hired his sister-in-law, but that he also hired his sister to work in his office when he was both Deputy Speaker and Speaker. Granted, this was within the rules at the time, and those rules were changed at the end of the time Scheer was Speaker (and his sister was let go then – and then moved over to a Conservative senator’s office), but for someone who liked to give lectures to the prime minister on the optics and the appearance of ethical conduct, it does seem like a bit of the pot calling the kettle black. Erin O’Toole, meanwhile, said that while these hirings were within the rules, he wants to set a higher ethical bar, so he would have a talk with Scheer about it, though he apparently let his sister-in-law go around the same time. No word yet on whether the Conservatives will call for his resignation.

Meanwhile, in the other sibling hiring drama, it turns out that now-former Liberal MP Yasmin Ratansi’s hiring her sister was actually flagged to the Ethics Commissioner two years ago, and his office decided to take a pass on it, figuring that it was better dealt with by the Board of Internal Economy. Now he’s saying that maybe he should have taken a look then. Of course, this sounds to be about par for the course for Mario Dion, whose approach to interpreting his enabling legislation is…creative to say the least, from inventing new definitions under the Act, stretching the credulity of what it covers in some reports, and even confusing his Act with the MP Code – which are completely different – in another case. So, that’s going well. Incidentally, the Board of Internal Economy will be meeting later this week and will address the Ratansi complaints at that time about whether or not this hiring violated the rules, and they will determine the next course of action at that point. (And yes, this is an example of parliamentary privilege, where parliament makes and enforces its own rules, because it’s a self-governing institution, which is the way it should be).

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Roundup: Some strings attached

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Prime minister Justin Trudeau wound up holding an irregular presser yesterday, mid-afternoon instead of late morning, and with a specific purpose in mind – to announce that the federal government had finally come to an agreement with the provinces over the Safe Restart Plan, now pegged at $19 billion rather than the $14 billion initially put on the table. What is noteworthy is that there were still federal strings attached for this money, though some premiers noted that the strings were not as tight as before. The money is to go toward municipalities, transit, contact tracing, personal protective equipment, childcare, and ten days of paid sick leave (so now Jagmeet Singh can pat himself on the back, even though this was BC premier John Horgan’s initiative), and is to last for the next six to eight months, at which point there will be a re-evaluation of where everyone is at. Trudeau also made it official that the Canada-US border will remain closed to non-essential travel until August 21st.

During the Q&A that followed, Trudeau expressed optimism around the vaccine candidate being held up by Chinese customs, and said that in spite of the Russian hacking story, it was important to work with everyone to develop a vaccine and that they were working to get the balance right. When asked if he would appear before committee as invited around the WE Imbroglio, that his House leadership team was looking at the possibilities, but that he also looked forward to taking questions in the Commons next week during the scheduled special sitting day. Chrystia Freeland was asked about what she knew regarding the WE Imbroglio, and she gave a fairly lengthy response about how everyone accepts responsibility for what happened, and apologized, saying that “clearly we made a mistake and we’re going to learn from it,” adding that everyone knew that the PM was connected to WE but didn’t know of his family’s specific financial arrangements, and then added that she still supported the PM and that it was a privilege to serve in his Cabinet. When asked if Quebec had no problems with the strings attached to the billions on the table, Freeland said that they agreed to it like everyone else, and that it was actually a Really Big Deal to get all thirteen provinces and territories to sign onto a deal that includes the municipalities and covered several ministries, saying that it showed that Canadians have understood that we need to work together in this time of crisis.

Shortly after the presser ended, Bardish Chagger and her officials appeared before the Finance committee to discuss the WE Imbroglio. Chagger insisted that nobody in PMO directed her to make an arrangement with WE, but she kept deferring to her officials, which…isn’t really how ministerial responsibility works. There was also talk about how WE had sent an unsolicited proposal to several ministers about a youth programme before this was announced, which WE later came out and said was a youth entrepreneurship programme which had nothing to do with what became the Service Grant programme. This having been said, the senior bureaucrat on the file said that they had three weeks to come up with a programme, and that WE fit the bill for its requirements, which is why they were recommended – and pointed out that potential conflicts are for public office holders to deal with, not bureaucrats (which is true). Up today, the Ethics Committee will begin their own examination into the Imbroglio, so we’ll see if that goes any better.

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Roundup: A horrific report

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The theme of the day was set from the start of prime minister Justin Trudeau’s daily presser – that the military deployed to long-term care in Ontario had found troubling cases of abuse and neglect, and that Trudeau immediately forwarded on those concerns to premier Doug Ford. Trudeau then went on to talk about their contract with GM in Oshawa for more face masks, and spoke about the other partnerships for things like more ventilators and other equipment. Trudeau also spoke about funding up to 700 youth jobs in the agriculture sector, and that he was convening a meeting with the UN Secretary General and the prime minister of Jamaica as part of an international push to ensure poverty reduction as a result of the pandemic. During the Q&A, Trudeau was asked repeatedly about the request to fast-track the claims of asylum seekers who were working in long-term care facilities, and he spoke about trying to find flexibility (but apparently not about the fact that it’s hugely problematic that facilities are hiring these extremely low-wage and largely untrained workers). When asked about the pending Meng Wanzhou extradition verdict, he said that the great thing about our justice system is that governments don’t have to apologise for it. And when asked further about the report on those long-term care facilities, Trudeau reiterated that this was a provincial matter, but that the federal government needed to be “part of the conversation” going forward.

A short while later, Doug Ford released the report, then wrung his hands about how terrible it was, and how he vowed he was going to take action – kind of like he promised that they would ensure there was an “iron ring” around these facilities, and well, that didn’t exactly happen either. And he talked tough, saying that the people who ran these facilities could face charges, but his government did cut back on inspections, so he has to wear that one too. And while he mouthed the words about taking responsibility for the situation, in the same breath Ford blamed his predecessors, and then said he was going to need “federal help,” which translates to “I don’t want to have to pay to fix this,” and he wants to put this on the federal books instead of his own. Because that’s what always happens. The NDP opposition in Ontario was also making itself useless by demanding a full public inquiry, which won’t tell us anything we don’t already know, especially as we’ve just had another public inquiry on long-term care home deaths in this province, and it will simply be a justification to delay action, possibly permanently.

Meanwhile, the NDP and Greens voted in the House of Commons to prop up the Liberals’ motion to carry on with the useless “special committee” hearings rather than proper sittings of the Commons, which also included provisions that means that they will rubber-stamp some $150 billion in spending on June 17th without a proper legislative or committee process, essentially abandoning their fundamental duties as MPs. Slow clap, guys. Slow clap.

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Roundup: Pearl-clutching over fraud

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While he didn’t show up at the “virtual” special committee yesterday, prime minister Justin Trudeau nevertheless held his daily presser, during which he announced that they were creating a $470 million programme to support fish harvesters, which would include grants for those businesses who needed a bridge, and EI application rules for those who would have to miss the season because it wasn’t safe. As well, there was another $100 million for an agriculture and food solutions programme through Farm Credit Canada. Trudeau also noted the upcoming long weekend, and said that as of June 1st, some national parks and historical sites would be re-opened to the public – provided the province they are in would allow it – and that there were new restrictions for pleasure craft, with the intention that they not be allowed to head to places where they could infect local populations, particularly in the North.

Meanwhile, the breathless pearl-clutching fraudulent CERB claimants continues unabated, as the National Post procured yet another government documents that allegedly says to grant it even to people who have quit their jobs or been fired with cause, which shouldn’t be allowed. But as Trudeau stated under questions after his presser, the goal was to ensure rapid delivery for the 99 percent of people who were claiming this benefit for legitimate reasons, and that if they had insisted on more robust checks at the beginning of the process, the money still wouldn’t be flowing. This of course hasn’t stopped some of the usual suspects from tweeting bullshit about how the programme is being abused, with zero evidence and using examples that could not actually work. But let’s create a moral panic about it.

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We also had some observers fanning themselves and reaching for their fainting couches when Liberal MP Wayne Easter, who chairs the finance committee, remarked to Bill Morneau at yesterday’s finance committee meeting, that he wanted a stronger statement from the government that they were going to deal with fraudulent cases. Imagine – an experienced backbencher taking a tough tone with his own party in government! Suffice to say, the message from this government has consistently been that if there is misconduct, it will be caught and dealt with at the appropriate time (and now is not that time). I’m not sure how much more explicit they can actually get, but maybe that’s just me.

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