Tag Archives: Cuba

Roundup: Self-harm by way of platitude

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I try not to make a habit of re-litigating my Twitter disputes in this space, but in this particular case, I find it’s a perfect illustration of how this government’s inability to communicate its way out of a wet paper bag, and why that harms them. To wit: A Global News piece declares that Trudeau won’t commit to ending boil-water advisories on First Nations by 2021 as is the current promise. It uses the recent evacuation at Neskatanga First Nation as an illustration of problems with boil-water advisories. It quotes Trudeau giving a bland talking point about “more work to do,” and way down at the bottom of the story is reference to the fact that in Neskatanga, not only has money been approved and delivered, but the new water treatment facility is nearly completed construction.

So why is this a problem for the government? Because if they had the slightest bit of candour, they could have explained that capital projects like these take time, particularly in the kinds of remote and fly-in communities like these particular First Nations. Twitter is filled with people who are seriously asking why the government hasn’t solved these issues if they’re showering money around, without having the slightest clue about what he actual problems with these boil water advisories are, and accustomed to situations where they can simply throw money at a problem and it will go away. That’s not the case, and not understanding the logistical and capacity issues at play means that we get this ongoing confusion. For example, many of these reserves are only accessible to bring equipment up with ice roads for a couple of months of the year, which slows the ability to make timely solutions. (This is also an issue with housing on many reserves – small windows by which to bring in building supplies, and those windows are getting ever shorter because of climate change). This has been made even worse in the pandemic, because many communities won’t let the people who are building these new facilities into the community in an attempt to keep COVID out (which Trudeau made vague reference to, but folded it into his platitude so it gets lost). In some communities, it’s not a question of the equipment but of maintenance – as soon as they find and train someone local to do the work, they get headhunted and given a better offer, and the community has to start over again, as the equipment once again breaks down. And it would be great if Trudeau or one of his ministers could actually articulate these challenges, but they won’t. Instead, they fall back on their platitudes about “doing better,” and not giving people a clue about what the actual challenges are.

The government also assumes that these reporters will do the work to find out what the challenges are, but they won’t. Pressed for time, and under the constant pressure to produce, most of them will only both-sides the quotes and move on (as happened in this particular case). Most don’t understand the background or the actual challenges, so it doesn’t get reported – only the platitudes in face of the complaints. Actual candour from Trudeau and the Cabinet would fix this – easily! But they won’t do it. It’s maddening, and they’re just shooting themselves in the foot, over, and over, and over again.

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Roundup: Frivolous lawsuits that help no one

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Because climate lawsuits on behalf of youths are apparently all the rage, another one has been launched, this time against the Ford government in Ontario, because of their cancellation of the cap-and-trade system and their challenging of the federal carbon price. I can barely even.

So, to recap: Lawsuits are about getting individual remedies, and these actions are not designed to do so. They are using “novel” Charter arguments, which are an abuse of process. It’s also trying to use the courts to impose public policy solutions, which is not the job of the courts. That’s not their function, and trying to use the courts because you lost at politics is not how things work. And further to that point, the courts are already overburdened, and these kind of frivolous suits – and that’s exactly what they are – waste everyone’s time and court resources, and I would fully expect the courts to impose costs on those who brought forward these complaints that waste everyone’s time.

I spent an afternoon on the Twitter machine of being accused of not taking climate action seriously because I made these points about this lawsuit, which is not the case at all. My point – as exemplified by the (very good) lawyer who joined in the fight over Twitter, is that this is a political problem, not a legal one. You don’t use a saw to hammer a nail, which is what this lawsuit is attempting to do. The courts are not the place for this because they can’t force a government to come up with a climate change plan that meets the expectations of scientists – that’s not how life works, and it’s not how democracy works. And sure, young people are frustrated with the slow action so far, but democracy depends on people organising, and that means doing the hard work of getting involved in riding associations, changing party policy though conventions, and agitating internally to do something. And it means organising. I can’t stress this enough – organise, organise, organise. Protest votes won’t get you anywhere – and let’s face it, that’s what Green votes are. That’s how you make change in politics, and the sooner that young people realise this – and you can join parties as young as sixteen and start volunteering and voting on nominations and resolutions – the more you will be effecting meaningful change. (Want to learn more about how that works? Read my book).

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Roundup: Importing the culture war

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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

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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

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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

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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

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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

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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

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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

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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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