Roundup: A dubious plan for the next pandemic

Erin O’Toole unveiled his party’s pandemic preparedness plan yesterday, and it was very curious indeed. His framing was a lot of revisionist history about border closures, and some outright fabrications about supposed contracts that went to people with close connections to the Liberals, which has not been shown anywhere other than the fevered imaginations of what happened around the WE contract, and the bullshit story they concocted around Baylis Medical. More than this, however, a number of things that O’Toole was critical of were things that dated back to the Conservatives’ watch – including changes to the management structure of the Public Health Agency of Canada.

The fact that O’Toole is saying he would essentially undo changes the government he was a part of made – without acknowledging that they made the detrimental changes in the first place – is quite something. The fact that they’re going on about the pandemic stockpile without acknowledging that its management failed under their watch, going back to at least 2010 – and we have an Auditor General’s Report that confirms this – is not unsurprising. Other aspects seem to be dubious at best, such as doing something about pharmaceutical patents and doing away with PMPRB (Patented Medicines Price Review Board) regulations in order to appease these companies in the hopes that they will do more research and manufacturing here seems both unwise at best, and will mean higher drug prices for Canadians going forward.

There were some other things buried in there, not the least of which were contradictions around raising tariffs on PPE in order to ensure they are manufactured domestically, while also trying to “secure the North American supply chain” to reduce reliance on imports – but imports from the US and Mexico are still imports. There were also a number of jabs at China in the document, some of which will limit our ability to have international cooperation around research of emerging viruses, and he managed to wedge in the current drama around the National Microbiology Lab firings into his piece as well. The problem of course is that a lot of this sounds like it makes sense on the surface, but the moment you start reading their backgrounder (which doesn’t appear to be online – just emailed to reporters) and scratching beneath the surface, the more apparent it is that a lot of this is hot-air, blame-shifting, and disingenuous rhetoric masquerading as a plan.

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Roundup: Ambrose’s bill becomes law

Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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Roundup: Ending the defence committee study

Something unexpected happened yesterday, in that the Defence committee voted to end the study on the allegations against General Jonathan Vance – the Liberals moving the motion, and the Bloc supporting it (which was the real surprise). Of course, ending the study comes with a number of different narratives. For the Conservatives and the NDP, this is all about the government trying to “cover up” what happened, because they won’t allow staffers to testify – nor should they. The concept of ministerial responsibility is inviolable in our constitutional framework, and the government should be fighting to maintain it, and yes, they have put the minister forward in this case several times, so that does matter. For the Liberals’ decision to move to end the study, it’s also at the request of some victims’ groups, who have stated that every past government is at fault, and that the committee is simply using the victims in order to score partisan points – and they are 100 percent correct in that assertion.

I do find it disturbing, however, that in most of the reporting on what has gone on, media have followed the opposition narrative that staffers are being “blocked” from appearing, and that the only time that ministerial responsibility is mentioned, it’s in quotes and being both-sidesed in terms of the government’s response. This is a real problem because it is undermining this fundamental principle in our democracy. This is something that should be explained, including why it’s wholly improper for the opposition to be demanding that this important principle be violated, and why when the Conservatives were in government, they repeatedly invoked the same principle as well to keep their staffers away from committee. Constitutional principles matter – they’re not just to be dismissed as a “process story” as so many journalists and editors are wont to do in this city, and it cheapens the discourse when this context is being left out of the stories, and when the government’s correct position is being spun as being improper.

Of course, if the government is going to claim ministerial responsibility, that doesn’t just mean Sajjan has to show up (which, to his credit, he did for six hours) – Sajjan has to actually take responsibility as well, and he hasn’t. And more to the point, Sajjan should fall on his sword for this, because he did drop the ball. He remained way too incurious about the allegations and whether an investigation was being carried out – which is not the same as involving himself in the investigation or meddling in it. It’s basic due diligence for someone who is responsible to Parliament for the armed forces and its leadership, and he failed in that due diligence. Sajjan has no choice but to resign over this, and it will be a giant sign that Justin Trudeau is not taking this seriously if he doesn’t insist on a resignation in short order.

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Roundup: Stay-at-home again, complete with feigned surprise

Ontario is now back under a “stay-at-home” order, issued its third state of emergency, and lo, there has been movement on vaccinations in that they are now going to start targeting high-risk neighbourhoods and essential workers, like they should have started weeks ago, so that’s positive. Oh, but still no paid sick leave because Ford and company continue to mislead people by claiming the federal sickness benefit is the same thing, which it absolutely is not. What most assuredly is not positive is the fact that the provincial government knew this was coming. They have been warned for weeks that this was going to happen, and they were explicitly told that loosening restrictions in the face of the new variants would be a disaster. There was that press conference on February 11th that said just that – and they didn’t listen, and now they have the gall to pretend to be surprised that the numbers are exceeding their worst-case scenarios? Sorry, but no. Get out of here with that bullshit.

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And here’s Supriya Dwivedi which lays out why Ford has completely ballsed this up and created this Third Wave and all of the illnesses and resulting deaths as a result.

Meanwhile, the National Advisory Committee on Immunization has decided to stick with their advice that second doses can be delayed for up to four months – and the “up to” is key – but given increasing vaccine supplies, that interval is likely to be less. And the reason why they’re saying this is because they are looking at the balance of ensuring that as many people get a first dose as soon as possible in order to have at least some level of protection. The problem is that this isn’t being effectively communicated by most media outlets (the Star piece linked here is actually doing a decent job) and even on Power & Politics last night, after the head of NACI patiently explained all of this, Vassy Kapelos still characterised it as NACI recommending a four-month delay, omitting the “up to” and creating a false impression of the advice, and it makes it easy for certain parties like the Conservatives to deliberately misconstrue NACI’s advice for partisan point-scoring. I do not understand what CBC thinks they are doing by reporting this way. It defies sense.

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Roundup: Pointing to the civilian culture too

The reckoning over the culture in the Canadian Forces that permits sexual misconduct continues to get an airing, and over the weekend, we saw another dimension to this reckoning be raised, which is that the culture of the civilian branch – the Department of National Defence – has many of these same cultural problems in part because a good portion of its staff are former military and came up in the same toxic culture in the Forces. One example of ways in which the Forces were trying to show women that they weren’t welcome was forcing them into co-ed showers in 1997, and how the people involved in those decisions are still in positions of authority today.

Also over the weekend, there was an interview with retired Lt-Gen. Christine Whitecross, who discussed her experiences with misconduct that she did not always pursue complaints about, but also her sense of optimism that more people reporting sexual misconduct in the ranks. Whitecross also let it be known that she did apply for the chief of defence staff position, but obviously did not get it (to the surprise of many). As well, the accused in one of the most high-profile cases of sexual assault in the military – the story of which wound up in Maclean’s and touched off the Deschamps report and Operation Honour – is going to plead guilty to the charges after all.

Amidst all of this, the current military ombudsman is now echoing previous calls to make his office fully independent and reporting to Parliament, rather than to the department and the minister, and I just can’t. The very last thing we need is one more unaccountable Independent Officer of Parliament, and yet they are proliferating like mad, and this is yet one more demand. Surely we can figure out some sort of mechanism to help them retain greater independence within the current structure, but we need to stop the proliferation of Officers of Parliament, before they completely overrun our system, reducing our MPs to battle droids who recite canned speeches and vote according to their whip’s instructions. And it’s not like we’re not seeing other Officers of Parliament going well beyond their job descriptions and turning themselves into media darlings, right? Oh, wait…

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Roundup: Procedural shenanigans in a pandemic

The state of the government’s legislative agenda remains mired in procedural shenanigans, and the Conservatives are largely to blame. Of course, this is being framed as giving the Liberals ammunition for calling an election to try and win a majority so that they can regain control over their agenda, despite the fact that nobody aside from a few bored pundits actually wants to go to an election in the middle of a global pandemic, especially because we won’t be getting enough people vaccinated until at least summer before this could even be a remotely plausible scenario.

The government has been trying to pass two bills in short order – the latest pandemic support bill, and the assisted dying bill, for which they needed to get yet another extension to the court-imposed deadline because the Conservatives keep denying consent to extend debate on it. The procedural tactics tend to be forcing concurrence debates on committee reports, and because the opposition has enough votes to force them through, the actual orders of the day – mostly government bills – don’t wind up being debated after all. Of course, what has been especially precious is the way that the NDP have been using Question Period to complain that the government isn’t bringing bills up for debate (including the conversion therapy ban bill and the UNDRIP bill), even though they are actively participating in these concurrence debates, and voting with the Conservatives to have the debates. (The NDP also wasted an hour of the Commons’ time the other day when Don Davies complained he couldn’t re-ask his question from QP after his video cut out, never mind that the audio was fine, he was heard, and the question got a response. But he wanted the video so that it could be clipped for his social media, which is what QP had degenerated to).

I find myself particularly bemused by the Conservative House Leader – backed up by the Bloc’s – to claim that the government hasn’t set “clear priorities” and is failing to manage the legislative agenda. This is pretty ridiculous, because they know full well why those two bills are being prioritised, and in the case of the assisted dying bill, the Liberals have several times offered to move a motion that would allow the Commons to sit until midnight and debate the bill uninterrupted, but the Conservatives keep refusing consent for such a motion. And for as much as both the Conservatives and NDP keep saying that it’s the Liberals that want an election and that they don’t want to give it to them, it’s curious how they keep trying to engineer the opportunities for such a call. The fact that this level of gamesmanship is going on while we’re still in the midst of a pandemic just breeds cynicism, but seems tactically stupid if the government can demonstrate that their ability to get help to people (as with the pandemic support bill) keeps getting stymied by these kinds of shenanigans. But most of our parties these days are all tactics and no strategy, so that’s not a surprise in the end.

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Roundup: CSIS has a warning and a request

The head of CSIS gave a rare speech yesterday, in which he did two things – called for more modernisations to the CSIS Act in order to let the organisation collect more digital information, and to warn about state actors who are targeting the country’s economic secrets, often though partnerships that they then take advantage of (pointing the finger on this one specifically at China).

Meanwhile, here’s former CSIS analyst Jessica Davis’ assessment of what she heard in the speech, which has a few interesting insights.

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Roundup: The COVAX conundrum

It was another day of less than optimal vaccine news yesterday – first a warning that there was going to be more fluctuation in future shipments including what appears to be another reduction in the next Moderna shipment (of which we’re still not sure the allocation yet), followed by news that we are in line for a shipment from the COVAX facility, which comes with its own particular special challenges.

Why? Because part of COVAX is to provide vaccines to the developing world, and it appears that Canada is accepting vaccines that would be going to them. Except that’s not the deal we signed – while we are funding vaccines for the developing world through COVAX (and will be sending our excess doses once our own population is vaccinated), part of the procurement diversification strategy was the stream under COVAX that we get some doses while also funding for the developing world. But of course, that wasn’t clearly explained – and the minister did have to do the media rounds to do that later in the day, by which it was too late, and you had everyone tut-tutting that we’re taking doses from those who need it more than we do. Which, incidentally, is happening at the same time that the government is being yelled at for not procuring more doses faster (as though yelling will make Pfizer’s retooling go faster or Moderna’s supply chain issues resolve themselves), and lo, we have doses that we paid for, but we’re going to look like jerks if we take them. Damned if we do, damned if we don’t. Good thing this government can communicate effectively. Oh, wait…

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Roundup: A freak-out over vaccine math

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: Ford playing up the pandemic theatre

The state of pandemic theatre in Ontario continues to ramp up as Doug Ford’s current campaign about railing about a) vaccine doses, and b) international travellers reaches a fever pitch. Ford is currently making a big dog and pony show about invoking a section of the province’s Health Protection and Promotion Act to mandate testing for air travellers when they arrive because the federal government has not yet done so (they have made the rule that people must get tested before they get on the plane), but what is telling is that Ontario still has done precious little about increasing lab capacity, and we are still lagging far behind on the kind of genomic testing that would help us identify which strains of the virus are being contracted. Additionally, the number of cases traced to international travel has been around one percent, while other case growth remains exponential, which is more proof that this is about theatre, not deal with the real problems.

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In the meantime, Ford government and their allies in certain media outlets have begun waging a campaign against doctors who are critical about the government’s lack of response, particularly about the carnage in long-term care facilities. One doctor has had his contract terminated from his position because of his criticism, and the Toronto Suntargeted another doctor that Ford later expressed “concerns” about (completely disingenuously) – though it’s worth noting that Chrystia Freeland has come to this doctor’s defence. It has been noted that this is not the first time that Ford and his people have used these particular tactics against their critics, but the fact that they are doing this to the very doctors and health experts who are trying to chart a course out of this pandemic is galling and rather telling about how this government is more concerned about their egos than they are in doing the right thing to protect the lives of people in this province.

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