Roundup: Neither a minor nor a major shuffle

So there was a Cabinet shuffle, and while not major, it was a little bigger than some may have anticipated. Five new ministers have entered the fray, which expands things somewhat, but still isn’t into later Harper territory. Some of the changes are not unexpected – Joly being moved to tourism while still keeping official languages is a bit of a demotion from the Heritage file that she garnered so much criticism from, particularly in Quebec, on things like the Netflix file. Some of the changes are pretty political – moving Sohi from infrastructure to natural resources in order to have the Alberta minister on the pipeline file is pretty naked on its face. Bill Blair to border security (plus organized crime reduction) are two files that the government wants a stern face on to make it look like they’re taking action. Some of the additions, however, are a bit mystifying, like a minister for seniors? Really? Is this not just a pandering exercise to a voting demographic rather than a file with particular challenges that need addressing? And some of these questions won’t be answered right away, because the mandate letters won’t be available until later in the summer. Here is the updated Cabinet list including the existing ministers whose titles got modified, and here are profiles of the five new additions.

And then the reaction. Blair’s promotion may send the signal that they’re taking the border situation seriously, but it also can look like they’re a) caving to critics, b) admitting that this is a security and not a humanitarian situation, c) putting border security alongside fighting organized crime in the same portfolio risks conflating the two in the eyes of those who are convinced that these irregular migrants are really all criminals and terrorists. Trudeau apparently lured Blair into politics on the promise of fighting the number one enemy of public security – fear. I’m not sure that putting him in this new role fights fear or reinforces it.

In terms of analysis, Paul Wells notes both that putting Blair into Cabinet is a bit of a poke in the eye to Doug Ford, given that they were nemeses during the Fords’ years in Toronto City Hall, and that this new Cabinet is one built to survive the coming storms until the next election (along with the observation that Trudeau seems to have demoted himself by stripping away the intergovernmental affairs responsibility and giving it to Dominic LeBlanc). Kady O’Malley makes five observations about the shuffle, while Susan Delacourt looks at the shuffle from the perspective of reacting to the recent Ontario election.

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Roundup: Judging Question Period the Toronto Star way

The Toronto Star released a package of stories yesterday on Question Period, and because this is the way we do journalism these days, it was full of data analysis that looks shiny, and hey, they got some investigative reporters to count questions and responses. Absent from that? A hell of a lot of context. So while you got some backbenchers who don’t participate to gripe about it being scripted (which it is), and some counting up of the talking points (without any context as to why these developed), or a surface-level look at the political theatre of it all (again, absent a lot of context or history, or bigger-picture look at the ways in which the messaging has changed and how it is currently being used to gather social media clips). It’s inch-deep stuff that, for someone who covers QP every single day, is mighty disappointing. (Additional point – most of the writers of these pieces have not attended QP, which is a problem because watching it from your desk in Toronto is not the same thing as being there in person. At all).

What is the most disappointing of all, however, is their “Question Period fact check” piece, which takes a sampling of questions and answers, and assesses the veracity of the questions being posited and the responses. Why it’s a problem is because they fell into the problem of how questions are framed – surface truths that are stripped of context to say something that it doesn’t. An example is when the Conservatives railed that the PBO said that carbon taxes would take $10 billion out of the economy. Which isn’t actually what he said – he said that it would take $10 billion out of the economy if the revenues weren’t recycled through tax cuts or other measures but were just given directly back to taxpayers. That’s a whopping difference in the message, because using only the $10 billion figure is a disingenuous attack line. And what did the “fact checkers” rate it? “True!” even though it wasn’t actually. And the piece was full of problematic fact-checks like that, which makes it infuriating for someone who actually pays attention to what is being said and how. So while everyone pats themselves on the back for the piece, I’m really unimpressed with the package as a whole.

Equalisation reform

Saskatchewan Premier Scott Moe released his plan to reform equalisation yesterday and it’s…not equalisation. It’s like he doesn’t get the concept at all. Which at this point should not surprise anyone, because it’s been so badly reported on for decades and has been the tool of demagogues to bash Quebec rather than understanding how the system actually works – paid for by federal income tax out of general revenues to a province that doesn’t have the fiscal capacity to offer comparable services. It’s not one province writing a cheque to another one. For provinces that pay into it more than they get out, it’s because they have high incomes, thus they pay more income tax. It’s not that mysterious (and yet most reporters simply write “it’s complicated” and leave it at that). And Quebec has structural issues related to their fiscal capacity (and yes, their tax rates are already high relative to other provinces) but the per capita equalization they receive is actually low, not that the shock-and-awe figure of the total amount isn’t constantly being weaponized.

https://twitter.com/acoyne/status/1009498701151158272

And what does Moe suggest? Basically taking money from Quebec’s share and giving it to all provinces whether they need it or not. It’s bullshit that fortunately a number of economists called out – not that it’ll matter, because the audience that Moe is speaking to dismisses what economists have to say. Sigh.

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Roundup: Bernier’s epiphany

All of the drama yesterday was the news that Maxime Bernier decided to spike his own planned book after his chapter blaming his loss on “fake Conservatives” supporting Andrew Scheer, particularly when the defenders of Supply Management took out memberships to stop Bernier. When he did release a statement late in the day, Bernier basically blamed the media for writing about the controversial stuff, which is kind of ridiculous given that he should have known that questioning the legitimacy of Scheer’s win, and putting in print that he planned to renege on his promise to shut up about Supply Management was going to be trouble no matter what else was in the book. (No word on whether he spent his advance already, as he now will have to refund it).

A couple of observations first: Of course the leadership contest was lousy with “fake Conservatives.” That’s what our leadership contests have become in Canada, given that it’s about trying to get as many new members as possible to bestow enough “democratic legitimacy” on a would-be leader so that they can turn the party into their own personal cult. Until we change the system and restore it to caucus selection, this will only get increasingly worse as time goes on. Part of his analysis that his problem was just defenders of Supply Management as the problem ignores the fact that there were a hell of a lot more people taking out party memberships in order to stop Kellie Leitch (and by extension, Brad Trost and Pierre Lemieux, but mostly Leitch). They didn’t deliver the contest for Michael Chong, and it’s hard to say how many of those ballots wound up going toward Scheer instead of Bernier. Also, Scheer knew that Bernier was going to be mavericky when he made him a critic on an economic portfolio, so he can’t be surprised that this kind of eruption was going to happen. It’s who Bernier is, and it’s kind of surprising that it took this long for Bernier to realize that maybe it’s not a good thing for the image the party is trying to put forward. (On a side note, every time a leader insists that they’ve never been more united, I brace for a defection, because I’ve heard those insistences too many times).

Paul Wells wrote a very good piece about Bernier and the value of loyalty in politics, which most journalists don’t really grasp, which explains why politicians do the things they do, and compromise in the way that they do. It’s one of the things I do think about and probably don’t wrap my head around enough, but it goes back to the way in which people continue to blame the parties for “making” MPs do things they wouldn’t ordinarily do, right up to compromising their beliefs and whatnot. MPs have the choice to do whatever – parties don’t make them, MPs do these things of their own volition. Senators too, for that matter – even when it goes against their best interest, or the normal operations of that chamber. They do it out of loyalty to the leader or the party, take your pick, and while we could have a debate about the effect of method of selection on that loyalty, we need to think more about that lens when we’re having these discussions.

Good reads:

  • In London, Justin Trudeau met with the Queen, as well as Thresa May, New Zealand prime minister Jacinda Arden, as well as Five Eyes partners on a security briefing.
  • Chrystia Freeland is headed back to Washington for some crucial decisions on NAFTA talks.
  • While Kinder Morgan’s CEO says the political battles may mean the pipeline remains untenable, BC says that they will file their court reference within days.
  • The Commons health committee released their study on universal pharmacare, which the health minister says will be the basis of their consultations.
  • In advance of the Liberal convention, the health minister has already rejected the policy resolution to adopt a Portugal-style drug decriminalization scheme.
  • Speaking of the convention, Kent Hehr says he will attend, and attend one of the sexual harassment workshops being offered there.
  • UN climate data shows our GHG emission are decreasing – but not nearly fast enough to meet our Paris targets.
  • A report from the former Inspector General of CSIS was uncovered, showing problems with the way the agency conducts interviews with detainees abroad.
  • The agency that was supposed to create guidelines for service dogs for veterans with PTSD has pulled out of the project unexpectedly.
  • Two Catholic Bishops took to the Hill to defend the Pope’s refusal to apologise for residential schools. One Conservative MP blocked a motion to demand an apology.
  • The RCMP are set for their union certification vote.
  • Pierre Poilievre continues to snipe about the guaranteed minimum income report, and cites Ontario’s model as a bad starting point because of costs.
  • Andrew Coyne looks at the PBO report on guaranteed minimum income, and wonders if three points on the GST is a good deal for eliminating poverty.
  • Chantal Hébert reads the polls and wonders if the pipeline debate is really resonating with Canadians, and whether it will affect Trudeau in the next election.

Odds and ends:

Liberal MP Neil Ellis was taken to hospital for an undisclosed condition.

https://twitter.com/AdamScotti/status/986641462380126208

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QP: Talking to elites

While Justin Trudeau was in London, meeting with Her Majesty the Queen and prime minister Theresa May, Andrew Scheer was in fact present today, in the wake of the salacious news that Maxime Bernier had pulled his book that was critical of his leader. Scheer, mini-lectern on desk, led off by reading some concern about investor confidence in the energy sector, and he claimed that the previous government got Northern Gateway “built.” Jim Carr stood up and stated that it was news to him that Northern Gateway got built, and didn’t in fact get its permits revoked by the Federal Court of Appeal. Scheer then got up rue that Trudeau was in Europe with elites, talking down on the energy sector, and Carr reminded him that just days ago he was here talking up the sector and the Trans Mountain expansion. Scheer insisted that Trudeau told his European audience that he was disappointed that he couldn’t phase out the oil sector tomorrow, but Carr rebutted with his line about how incredulous it was that Scheer took to the microphones on Sunday to decry Trudeau’s announcement after the meeting with the two premiers before Trudeau even made it. Alain Rayes got up to decry Trudeau’s lack of leadership in French, to which Marc Garneau stood up to lay out the support the government had given. Rayes wondered how much of taxpayers’ money would be spent on the project, but Garneau merely reiterated that they considered the project to be in the national interest. Guy Caron was up for the NDP, noted that the Health Committee’s study on universal pharmacare would be tabled later, and demanded action on it. Ginette Petitpas Taylor thanked the committee for their work, and she would consider its finding. Caron demanded immediate action in French, and Petitpas Taylor noted the commitments in the budget toward national (but not universal) pharmacare. Charlie Angus was up next, and demanded to know if the government felt their Section 35 obligations were met with Kinder Morgan, and Carr reminded him of the Supreme Court decision around Northern Gateway around consultations, so they went and consulted further for Trans Mountain. Angus pressed, terming it a “Liberal pipeline,” and Carr reiterated his line about the fact that there may not be unanimity, but there are many Indigenous communities who are in support.

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Roundup: Unconstitutional threats

Alberta’s Bill 12, that would give its energy minister the power to declare what can go in the pipelines that leaves the province, is almost certainly unconstitutional (and I think they’re being too cute by half in saying that it’s not because it doesn’t target BC specifically). It’s way overbroad in terms of the powers it gives the minister, and even if it somehow manages to pass constitutional muster, you can imagine that it would certainly be struck down by the courts for the sheer scope of how arbitrary it is. And in case you think that the pressure tactics of raising gas prices in BC are sound, it’ll likely do more damage to their own producers and refineries, whose supplies and production they are curtailing. So bravo for thinking that cutting off your nose to spite your face is good public policy, guys.

The premier of Saskatchewan, Scott Moe, says that he’s going to pass his own version to back up Alberta in their fight. Because that’s helpful. BC, meanwhile, says that because the bill is blatantly unconstitutional, it’s likely just a political bluff – but if it’s not, they’ll sue Alberta for it, as well they should. Alberta’s minister insists that it’s no bluff. So here we are, with few grown-ups in the room apparently, because they’re lighting their hair on fire to do something, anything, now, now, nowrather than coming up with a measured and reasoned response to the situation. And then there’s Michelle Rempel’s take. Oi.

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Roundup: Scheer’s British adventure

Conservative leader Andrew Scheer is off to London to talk about a possible future free trade deal with a post-Brexit UK if he were to become prime minister. Which is odd, because the current government has already said back in September that they will lay the groundwork for this very kind of free trade deal once the path to do so is clear, and it won’t be clear until after Brexit happens because the UK literally can’t negotiate until then. (They also may not be able to afterward by the sheer fact that they don’t actually have any negotiators in their civil service, as they’ve all been working for the EU parliament since the 1970s). It’s an open question as to just how appropriate it is for Scheer to go over there to talk trade – even the hypothetical possibility thereof – given both his position and that of the UK government at present.

A couple of  other observations:

  1. Scheer’s people are trying to sell this as “relationship building,” right after they derided a trip by Trudeau doing the very same kind of work in India as a trip without substance and being dubbed a “family vacation” with a few meetings tacked on. (Oh, look – yet more disingenuous and mendacious framing. How novel).
  2. Said people are also trying to bill this as taking advantage of “generational change” as the UK gains “independence,” and as a new market for Canada to enter into in the age of a protectionist United States. Err, except the UK market is pretty small, and in no way could actually replace what the US market is for us.
  3. The Canadian Press story makes no mention that Scheer was a Brexit supporter at the time of the referendum, and it’s likely not a stretch of the imagination to see Scheer going there to try and lend succour to Brexiters in the midst of very live political debates, to assure them that they have Canadian allies should he become prime minister in a few years (and indeed, the fact that Scheer has used phrases like “independence” in relation to Brexit is telling). And again, the appropriateness of this becomes an open question.

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Roundup: Beyak’s website battle

Unaffiliated Senator Lynn Beyak is preparing to go to war over her website on Monday. A motion had been moved in the Senate by Independent Senator Kim Pate to have Beyak’s website removed from Senate servers because of the letters that she posted on there, some of which have been deemed racist. Beyak is going to argue that if the motion passes, her privileges will be violated as it will impede her ability to do her job because she can’t inform her constituents about her work or to “address the concerns and opinions of all Canadians.”

For starters, I think Pate’s attempt to remove Beyak’s site is a bit of a stretch, given that Beyak isn’t posting anything that rises to the level of criminal hate speech (despite what her critics may say). The Senate places a great deal of value on free speech, most especially for its members, so it will be very difficult for them to make the case that Beyak should be denied it because she holds some objectionable views. Gods know that there have been plenty of abhorrent views expressed by other senators in the past about other minorities (thinking in particular about one senator’s views about the LGBT community), and she was not censured by the Chamber in any way. While there are different players in the Senate currently and this is the “era of reconciliation,” I still think that there is an uphill battle to take down Beyak’s site.

The other thing is that it would take very little effort for Beyak to port her website onto a different server, and just have a link from her Senate bio page, as many other senators have done, where there is simply a disclaimer next to it saying that it’s not an official Senate site. In other words, Pate’s measures are pretty much symbolic only, which may be fine on the surface, but won’t actually addess the real issues with Beyak’s views, or her promotion of views that are objectionable. Is this a battle worth having? I guess we’ll see.

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Roundup: Getting a second opinion on the dominant narrative

It was a day full of Canadian pundits pontificating about Indian politics around Justin Trudeau’s trip, whether it’s around his use of traditional garb, the “snubs” by Indian politicians, and then the issue with Jaspal Atwal being invited to that reception. While MP Randeep Sarai has taken responsibility for Atwal’s invitation, the dominant narrative was that someone in PMO had to have known who he was, or that they somehow overrode the kinds of screening that the RCMP or CSIS would have put in place for an event like this. That, of course, got blown out of the water when media actually talked to security sources who said that they had no capacity to vet the 700 or so people invited to this event, so there went that theory. And yes, the Atwal thing is bad, and according to an Indo-American journalist that I spoke to about this, that probably set back Indo-Canadian relations by years, so well done MP Sarai. “Senior government officials” are also now pushing the theory that “rogue elements” in India’s government facilitated this, possibly to embarrass Canada for being “soft” on Sikh separatist extremists, so we’ll see if that compounds any damage.

First of all, if you did not do so yesterday, please take the time to read Kevin Carmichael’s look at the trip, and in particular how pack journalism narratives have formed, but he makes very relevant points about the political dynamics and the regional politics of India that the Canadian media is completely ignoring. My Indo-American friend made a few other observations about the coverage that we’re seeing, which is that he’s not actually being treated poorly over there, and it’s more that certain politicians and business leaders don’t want to be associated with members of the Indian Cabinet, which is controversial in large swaths of Indian society. As for the focus on Trudeau’s wardrobe, most of it is coming from the intellectual, international elite of India, who resent outsiders exoticising India, but the fact that Trudeau is allegedly wearing Indo-Canadian designers will garner plenty of positive reaction. She also added that the inside joke is that Indians outside of India have terrible taste, and are over the top and garish, but it’s also related to their own class stratification. Even tweets coming from verified accounts means that they’re coming from the social elite of India, and that journalism and public intellectualism in India, especially in Delhi, is oriented to socialites. So what Trudeau is doing will play incredibly well with many aspects of the stratified society. As for the Atwal issue, there will likely be competing narratives in India between the bureaucratic incompetence that allowed him into the country in the first place, tempered with “gloating over how a first-world country screwed up.” Regardless, I’m glad I reached out to get a different perspective on how this trip is playing out, because I’m not confident in the image being put forward by the Canadian punditocracy.

Meanwhile, back in the Canadian media sphere, Éric Grenier notes that the trip is likely a defensive action to bolster Liberal support in Indo-Canadian-heavy ridings, especially to counter Jagmeet Singh’s arrival on the political scene. Murad Hemmadi notes that the international press seems to have gotten over its crush on Trudeau, while Paul Wells gives a not wholly underserved whacking at the Liberal government over their handling of this trip (though I do note that many of Wells’ points would handily fall into the groupthink that may not actually reflect what will play on the ground in India).

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Roundup: Privilege case at the SCC

There is an interesting case being heard at the Supreme Court of Canada today, which goes to the heart of how laws are made in this country. An Alberta First Nation, the Mikisew Cree, applied to the Federal Court for judicial review of the 2012 Conservative budget implementation bill after its changes to environmental legislation didn’t consult them, per Section 35 of the Constitution. The problem? You can’t have the courts interfere with the legislative process. That goes to the heart of parliamentary privilege and the separation of powers.

The Federal Court allowed a partial application, citing that they should have been given an opportunity to make submissions, but this was overturned by the Federal Court of Appeal, which (correctly, in my view) cited that the Federal Court Act had no jurisdiction over the legislative process, and that it offended parliamentary privilege and the separation of powers, and there was an additional issue that this omnibus bill was of general application and did not apply specifically to this First Nation. The Supreme Court of Canada now gets to hear the issue and decide whether or not this should be the case in the face of the constitutional duty to consult.

While I’m sympathetic to the need to consult on these issues, particularly on issues that will affect their lands and ability to have engage with the processes that are created out of the regulator bodies that are engaged by the legislation once it is enacted, I do have a problem with the demands that any outside group be included in the drafting process. And while the current government has made a great deal of effort doing consultations before they draft bills (and there is no shortage of grousing as to how it slows down the process), there are usually plenty of opportunities to intervene once the bill is tabled and reaches committee hearings in both the Commons and the Senate. This is how parliament is supposed to work. Trying to short-circuit this has an effect on things like cabinet secrecy, and more likely, could grind the legislative process to a halt if you were dealing with a group that wanted to be obstinate. But also, it bears reiterating that parliamentary privilege and the separation of powers are not things to be trifled with, because it undermines the ability of parliament to do its work. While I’m confident that the Supreme Court will do the right thing, I do worry that this case has made it this far and could be victim of novel thinking that could do lasting harm to our institutions.

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Roundup: Unifying the prohibitions across departments

The federal government has issued new guidelines for foreign intelligence likely obtained through torture, so that it now covers the Canadian Forces, the Canadian Security Establishment, and Global Affairs Canada. This means that they are prohibited from using such information, except if it’s going to save lives either from an imminent terrorist attack or protecting Canadian troops on an overseas mission. This appears to harmonize direction handed down earlier to the RCMP, CSIS, and CBSA, so that all national security agencies (which are now under the same parliamentary oversight regime and will soon be under an independent arm’s length national security oversight regime) will have the same rules and restrictions. For some, it’s reassuring that the government is taking the issue seriously, but for others, the caveat isn’t good enough, and they need to issue a full prohibition, no caveats, no exceptions, full stop. Stephanie Carvin has more reaction to the announcement here:

https://twitter.com/StephanieCarvin/status/941445420475125761

https://twitter.com/StephanieCarvin/status/941445593154576384

https://twitter.com/StephanieCarvin/status/941445901750382592

https://twitter.com/StephanieCarvin/status/941446074538979328

https://twitter.com/StephanieCarvin/status/941446248057397248

https://twitter.com/StephanieCarvin/status/941446383113867266

https://twitter.com/StephanieCarvin/status/941446599791730688

https://twitter.com/StephanieCarvin/status/941446938007703553

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