Roundup: Importing the culture war

We’re not even in the writ period, and the imported culture war bullshit is already at a fever pitch. In order to capitalize on it being Ottawa Pride this weekend, the Liberals started passing around a video of Andrew Scheer’s 2005 speech denouncing same-sex marriage, under the rubric of Ralph Goodale calling on Scheer to attend his hometown Pride in Ottawa this weekend. (Note: We’ll see if Trudeau makes it to Ottawa Pride this year, as he may not be back from the G7 meeting in France. Trudeau has only ever appeared at Ottawa’s Pride parade once). And off they were to the races. Scheer’s director of communications said that Scheer “supports same-sex marriage as defined in law,” and would uphold it as prime minister – and then proceeded to name Liberals who previously voted against it.

What’s particularly cute about this defence of Scheer is that it does not say that Scheer’s views have evolved, and the use of “as defined in law” is that the law was a result of a Supreme Court of Canada reference, so there is no way that any government could try to repeal it without invoking the Notwithstanding Clause to escape a Charter challenge. But beyond that, Scheer’s people have not offered any kind of defence that he voted against the trans rights bill in 2016, which is more current and pressing of a rights issue than where we are with same-sex marriage. But it’s not really about same-sex marriage at all – it’s all about our political class being high on the fumes of the American culture war that they’ve been inhaling, and are trying desperately to recreate here because they all think it’ll be a political winner for them, rather than the fact that it will simply burn the house down around them.

In amidst this, Jagmeet Singh decided that he wanted to get in on the culture war action and declared that he wouldn’t prop up a Conservative government in a hung parliament based on this (fourteen-year-old) homophobia – which essentially means that he’s conceded that he’s not running to be the prime minister in the election, but is content to stay as the third party. There’s realism, and then there’s bad strategy. Singh then went on to list all of the Liberal failures on the LGBT file – except most of the ones he listed are in areas of provincial jurisdiction. Oops. This election is already so, so very stupid.

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Roundup: Sticking with the date

You may recall that last week, the Federal Court granted judicial review to the Conservative candidate looking to change the election date because it clashes with a particular orthodox Jewish holiday, and lo, the Chief Electoral Officer set about to review his decision. Yesterday he announced that he’d reviewed it, and he was still confident that there wasn’t sufficient reason to change it – moving it back a week would put it in conflict with a bunch of PD days in schools that they needed to use for polling stations, and it would collide with municipal elections in Nunavut, and there were still plenty of options, be they advance polls or special ballots, for those affected by the orthodox Jewish holidays. That decision goes to Cabinet, who will make the final call later this week.

But then something curious happened – a couple of Liberal MPs tweet their dismay at the CEO’s decision, which is a little odd because, well, it’s not really his call. He’s making a recommendation, and Cabinet makes the final decision because the dissolution of Parliament for an election is a Crown prerogative, meaning that it depends on the Governor-in-Counsel (i.e. Cabinet advising the governor general) that makes the decision, regardless of our garbage fixed election date legislation. So if they’re tweeting dismay, they should direct their pleas to their own government rather than to harass the CEO.

This having been said, I am forced to wonder if this isn’t part of the fallout from the aforementioned garbage fixed election date. One of the justifications for said garbage legislation is that it’s supposed to help Elections Canada plan, rather than scramble in the event of a snap election call – but it’s starting to feel like perhaps those plans are also getting a bit precious, which is a bad sign for an institution that is supposed to be adaptable in order to accommodate the election call, whenever it may be.

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Roundup: Defence intelligence and their limits

Some of you may recall that recently, the National Security and Intelligence Committee of Parliamentarians submitted a report to the prime minister, which was later made public, about how military intelligence in this country is large and vaster than most people anticipate. The Canadian Press recently obtained the August 2018 federal directive about what kinds of personal information that defence intelligence is able to collect and keep, and it turns out that they can indeed keep some of that information, even if obtained by chance, so long as it supports a legitimate investigation. You may recall that at the time of the NSICOP report that there were calls for its activities to be bound by statute instead of by Crown prerogative, as it is currently. With that in mind, here’s Philippe Lagassé with some context on why that may or may not be a good thing.

https://twitter.com/PhilippeLagasse/status/1137787804979748865

https://twitter.com/PhilippeLagasse/status/1137789288127631361

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Roundup: An unusually partisan report

The saga of Bill C-48 continues its strange trek through the Senate with the release of the report from the transport committee that recommended that the bill not proceed. Or at least that’s what it should have stated – that based on the tie vote, that the committee could not recommend the bill proceed. What they got instead was a lengthy screed about how allegedly terrible and the bill was for national unity, and it cherry picked comments from witnesses to “prove” that case, and strangely omitted any witnesses that stated – with facts – that the bill would have almost no impact on the energy industry in Alberta and Saskatchewan. In fact, the report was so partisan that it raised eyebrows among my sources in the Senate, who could not recall the last time that they had seen such a blatantly political document.

Naturally, not everyone on the committee was in favour of this report, and there are accusations back-and-forth about conversations regarding whether those who disagreed could write a dissenting report, and the eventual reluctance to bother because it would likely have tied things up in committee for even longer, as the clock ticks down. (Things are so bad on the Senate’s Order Paper that the need to sit well into July is now pretty much guaranteed). Of course, delaying this bill to death is part of the Conservative game plan, and everyone knows it – in fact, they pretty much have set up a situation where the Leader of the Government in the Senate, Senator Peter Harder, will have to invoke time allocation to get it passed.

The shenanigans with this bill aren’t done yet. There will be a great deal of debate when this report gets debated in the whole Senate, where it is doubtlessly going to be rejected, but not without a great deal of noise and accusations that the Independents are just Liberal stooges, and so on. And it’s going to be so annoying when it’s all over.

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QP: Fiction about carbon taxes

While the prime minster was on his way back to Ottawa (for a stopover before heading to London and then Normandy), Andrew Scheer was elsewhere, and Jagmeet Singh was the only major leader present. That left it up to Pierre Poilievre to lead off, and he spun a bunch of fiction about carbon prices impoverishing Canadians. Bill Morneau said that just because Poilievre says things, it doesn’t make it true, and he listed their Middle Class™ tax cuts and Canada Child Benefit as leaving Canadians better off. Poilievre whinged about the cancellation of boutique tax credits, and he raised the spectre of higher taxes because of the deficit — which is fiscally illiterate — and Morneau noted that they cancelled boutique tax credits because they only benefitted the wealthy. Poilievre again insisted there would be “massive tax increases,” and Morneau reiterated that the typical family of four was $2000 better off now than under the Conservatives. Gérard Deltell took over in French, and he worried about deficits,  and Morneau offered some pabulum on investing in Canadians. Deltell raised the canard that Morneau didn’t run deficits on Bay Street, and Morneau quoted the declining debt-to-GDP ratio. Jagmeet Singh was up next for the NDP, and in French, he worried about corporate tax rates, to which Morneau reminded him of the new tax brackets they put in for the wealthy. Singh tried again in English, and Morneau reminded him that the corporate rate is competitive with the US, and that they put in rules for transparency for offshore holdings as well as taxing the wealthy. Singh railed about the rich not paying their fair share, and Navdeep Bains listed off accomplishments under this government including a million new jobs. Singh tried again in French, and this time Jean-Yves Duclos listed the benefits of the government investing in the Middle Class™.

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Roundup: A blow to the tanker ban bill

The Senate’s transport committee voted last night to not proceed with Bill C-48, which bans tankers on BC’s northwest coast, but before anyone gets too excited, I would caution that it’s not the bill’s end. We just saw the Senate’s national security committee recommend changes to the gun control bill that would gut it, and those got overturned by the Senate as a whole, and I suspect we’ll see a repeat performance of that with this bill – but the Conservatives will put up a fight, and because this was one of the bills that they did not offer a final vote timeline in their agreement with the Leader of the Government in the Senate, Senator Peter Harder, they will dare him to invoke time allocation on this. (I plan to write more about this in column form later).

In the meantime, Independent Senator Paula Simons was one of the deciding votes on this, and she explains it all over Twitter.

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Roundup: Beyak suspended

It was inevitable, but the Senate has voted to suspend Senator Lynn Beyak without pay for the remainder of his Parliament in accordance with the recommendation from the Senate’s ethics committee after the findings of the Ethics Officer that letters Beyak posted to her website were racist and breached the ethics code for senators. Beyak got her chance to defend herself yesterday before the vote, and she insisted that she has done nothing wrong, that there’s nothing racist about the “truth” (as she sees it), and she thinks that her website is a beacon of positivity because she’s trying to assert that residential schools for Indigenous children weren’t all bad.

In terms of next steps, Beyak will likely reappear at the start of the next parliament, following the election, where she will be given another chance to apologise, and prove that she understands why those letters were racist (something she has been completely incapable of comprehending to date – and the Ethics Officer did point out that this was an issue of comprehension, not malice). At that point, if she still refuses to see the error of her ways, the Senate could revisit the matter and vote to suspend her again for that parliamentary session (meaning until there is a prorogation or dissolution), and if that extends past two years, there is the possibility that they could declare the seat vacant at that point. More likely will be pressure to simply vote to expel Beyak for the Senate because she has been unrepentant in exposing the Senate to disrepute for her racist actions – at which point she may get the hint and do the honourable thing and just resign, but she does seem to be sticking to her guns here. Regardless, this suspension is now the first stage in a two-stage process of dealing with the problem. But those who want Beyak to be out immediately will need to be patient, because the power to expel a senator can’t be used casually.

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Roundup: A victory for carbon prices

In a 3-2 decision, the Saskatchewan Court of Appeal has ruled that the federal carbon price backstop is not only constitutional, but it also qualifies as a regulatory charge and not a tax, which means that the way it’s being applied is also constitutional. Predictably, Scott Moe has vowed to take this to the Supreme Court of Canada (and a 3-2 decision made this a certainty if the political element wasn’t there already), while Catherine McKenna, predictably, called it a victory for the planet.

In terms of analysis, here is the long thread from economist Andrew Leach’s reading fo the decision, and his commentary on what the dissenting judges got wrong is particularly illuminating. As well, economist Lindsay Tedds’ wheelhouse is the whole difference between taxes and regulatory charges, so she has some comments here. I would note that the majority decision is going to be some of the precedent that Ontario’s Court of Appeal will look at as they’re drafting their own ruling on the Ontario reference, and if New Brunswick, Alberta, and Manitoba proceed with their own challenges, it will help to inform them as well. But with it headed to the Supreme Court of Canada – as Ontario’s will inevitably as well, and everyone knows it – it may not make any more sense for those other provinces to carry on their own challenges as it’s unlikely that they’ll make any more novel arguments, and it would seem to be swifter for all involved to let the SCC process happen sooner than later (though it certainly won’t happen before the next election, and there is a hope among opponents that a Conservative win will render the whole issue moot if they scrap the federal law beforehand).

Jason Markusoff notes that while the court victory is a modest win for the Liberals, the continued carbon tax crusading by Kenney and Ford isn’t winning them much applause from the blue-chip Toronto corporations that they’re looking to attract with their “open for business” shtick. (Here’s a hint: Stop creating uncertainty by cancelling established environmental plans and creating political risk by cancelling projects and immunizing yourselves from litigation). Andrew Coyne, meanwhile, asserts that the ruling is a victory for common sense – as well as the planet.

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Roundup: Kenney changes his tone

In the wake of Jason Kenney’s win in the Alberta election, he took to the microphones yesterday to try and sound statesmanlike, immediately ratcheting down his rhetoric on a number of files including his “turn off the taps” pledge (which never made any business sense) and his demand that the Trans Mountain Expansion construction get underway – acknowledging realities that he never did on the campaign trail. Of course, he still plans to kill the province’s carbon tax (and lift their emissions cap) which sets up for constitutional battles that they are doomed to lose. As for Rachel Notley, she becomes yet another woman first minister who has failed to win a second election, keeping that established pattern going. And I would encourage you all to read Jen Gerson’s roundup of the whole election, and the lessons in the end – that you can’t hope to paint your opponents as bigots and win, and that you can’t run a campaign about lashing out against the world without consequences.

This having been said, a narrative started emerging over social media as soon as it became clear that Kenney was winning last night, which was conservatives across the country were insisting that the NDP’s campaign as solely “nasty” and full of “personal attacks” which was why they lost. Kenney himself, during his press conference yesterday, insisted that he had a “positive campaign” that the media somehow missed. I’m not sure what part of lies and snake oil promises are “positive,” nor am I convinced that pointing out racism, misogyny and homophobia/transphobia is a “personal attack.” In fact, it seems to point to this aggrieved sense that I’ve seen where the Conservatives in Ottawa will go to bat for avowed racists because their racism was being pointed out – that being called a racist is somehow worse than the actual racism being espoused. That’s a fairly troubling mindset, and yet we’re no doubt going to be seeing a lot more of it as Justin Trudeau makes a concerted effort to point out the winking and nudging to white nationalists that Andrew Scheer has engaged in.

And now the hot takes – because everyone’s got one. Colby Cosh points out that this really wasn’t the Lougheed vs Klein fight that some people portrayed, and that the broader climate fight is in the works. Stephen Maher advises that Trudeau abandon his “sunny ways” (more than he already has) and start bare-knuckle brawling, adding that if Kenney lets his social conservatives loose, that could work to Trudeau’s advantage. Andrew Coyne notes Kenney’s adoption of a statesman-like tone in victory following “campaign exuberance,” and that Trudeau would be in a tough spot to not approve Trans Mountain if Kenney repeals the province’s environmental plan. David Moscrop wonders if the trends in Alberta are changing and whether its conservatism will hold for Kenney’s benefit. Tristin Hopper makes the salient point that the increasingly uncompromising nature of the environmental movement hardened Albertans against the NDP.

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Roundup: A plan to run again

In her first media remarks since her testimony to the justice committee last week, Jody Wilson-Raybould told her local newspaper that she feels “overwhelmed and grateful” for the response from thousands of Canadians over the past week, and that she fully intends to run again for the Liberals in the fall. Mind you, people keep asking Trudeau if he’ll let her stay in caucus, and he says he’s still thinking about it, but Wilson-Raybould did secure her nomination last year. Granted, things have changed in the time since, and her riding association may feel differently about her now than they did then, which is certainly one danger from holding nominations too soon. This said, it’s a bit of a dilemma for Trudeau, who likely feels pressure from MPs who feel betrayed by her – though, as John Geddes discusses in this examination of the situation, it has been remarkably free of acrimony compared to previous examples of exits. Trudeau likely also feels the need to appear magnanimous and that there is room for dissent in the Liberal party. Of course, there was already one columnist who said over the weekend that if Trudeau lets her stay in, he appears weak – because why bother having a whip that enforces caucus discipline when you have the media to do it for you? Cripes.

Meanwhile, David Lametti says there may be contexts where it may be appropriate for a government to interfere in a criminal prosecution, but because it’s a TV interview, he didn’t explore that further, and that will likely be spun completely. It’s also being noted in Halifax that Lametti ordered a new trial for a Halifax man who was found to be falsely convicted for a murder he didn’t commit, but that Wilson-Raybould sat on the recommendation for a new trial for a year-and-a-half, whereas Lametti ordered the retrial within a month-and-a-half (and that re-trial lasted five minutes because the Crown had no evidence to offer).

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