Roundup: Just the Speaker doing his job

We got our first glimpse at the court documents related to the challenge of the House of Commons’ order demanding the production of secret documents related to the firing of the two scientists from the National Microbiology Lab. The Speaker, Anthony Rota, put in his submission that the case should be tossed because of Parliamentary privilege, and there was no explicit waiving of parliamentary privilege under the Canada Evidence Act, which is what the Public Health Agency is following in refusing to turn over unsecured documents. As a reminder, they have turned over the documents, both in redacted form to the committee that requested them, and in unredacted form to NSICOP, which has appropriate security clearances and safeguards, so it’s not like this is a blanket refusal to defy Parliament – it’s that they have their own obligations to follow. It’s also somewhat problematic that the committee wants the Commons’ Law Clerk to then redact the documents on his own, without appropriate training or context, so they ultimately claim they’re not looking for unredacted documents – only for someone else to do the redacting, at which point this is just becoming absurd.

The way this is being spun is also somewhat irritating – because this was a Canadian Press wire story, outlets who ran the piece sometimes did so with altered headlines that stated that it was the Liberals interfering with the “exclusive jurisdiction” of the Commons rather than the government, which is not really true. This isn’t a partisan issue – it’s different parts of the government acting according to the laws that Parliament passed. When the demands were made, PHAC was bound in legislation to inform the Attorney General, and while it is the same physical person as the minister of justice, under his Attorney General hat, he had obligations to follow the law and test these demands in Court.

The other commentary that is somewhat maddening is people pointing out that the Speaker is somehow going against his party in doing his job as Speaker in defending the Commons’ privileges. Again, this isn’t actually a partisan issue on either side (well, the Conservatives making these demands for the documents, with the support of the other opposition parties, are behaving in an extremely partisan manner and trying to embarrass the government, but that’s neither here nor there for the purpose of what we’re discussing). Trying to make it a partisan issue when everyone is doing their jobs is just degrading the discourse and muddying the understanding of what is going on (which is what certain parties would like to happen because it makes it easier for them to lie about the state of play). We shouldn’t be doing their dirty work for them.

Programming Note: I’m taking the next week off (as much as I am able), because it’s probably my only opportunity in advance of the possible election, and I really don’t want to have to deal with election coverage while battling burnout. Take care, and I’ll see you on the far side of the long weekend.

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Roundup: Subjecting a minister to a double standard

I found myself bemused at the CBC story yesterday about Carolyn Bennett’s office allegedly being some kind of “toxic work environment,” according to a number of former staffers. Reading the piece, however, says little about Bennett herself – other than hammering on the point that she didn’t get along with Jody Wilson-Raybould, as though that were somehow relevant to her office – but rather that the toxicity was related to other staffers in the office who were clannish and played favourites with other staffers. The story made great pains to say that Indigenous staff felt their voices weren’t being heard on policy files, but again, this is about the behaviors of other staffers and not the minister herself.

This all having been said, I am forced to wonder whether anyone could reasonably expect a minister’s office to be some kind of normal office environment, because I can’t really see it. These places are pressure cookers of constant deadlines and stress, and there’s a reason why they tend to be populated by fairly young staffers, many of them recent graduates, which is because they are willing to put up with the long hours, constant travel, and the obliteration of their personal lives where older staffers with families and obligations largely wouldn’t. And while we can say we’d prefer that these offices are healthy work environments and safe spaces, but this is politics at the highest levels in this country. It’s not going to be pretty, as much as we may like it to be.

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I also think it bears noting that Bennett has been the subject of a lot of criticism that is never given to male ministers, and in particular with the dust-up over her snarky text message with Wilson-Raybould a few weeks ago, seems subject to a double standard that women in ministerial roles are not allowed to have personality conflicts where this, again, is not even blinked at among men. Under this context, the CBC piece looks to be both catering to these double-standards, and looking like they have an axe to grind with Bennett, for whatever the reason.

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Roundup: Carney out, no need to panic

To the dismay of the bulk of the pundit class, Mark Carney says he has other climate-related commitments and won’t be running for a seat in the next election. In response, Pierre Poilievre tweeted that Carney is afraid of running because Trudeau will cause a financial meltdown, and Carney will try to blame it on Freeland. It’s just so stupid, and yet this is the state of public discourse in this country.

To be clear, there is no financial meltdown going to happen. Yes, there are challenges that need to be addressed, but let’s be real here.

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Roundup: Cue the emergency committee meeting

It wouldn’t be summer if we didn’t have an emergency committee meeting of some sort, and we got just that yesterday, as the Conservatives triggered the recall of the Access to Information, Privacy and Ethics committee with an eye to opening an investigation into Liberals contracting database services from a Liberal-friendly company, headed by a personal friend of the prime minister’s. The party has claimed that this is for constituency services, and that there is no data going to party databases (as has been the case with the Conservatives and their own constituency data in the past), and that all of the rules have been followed, but the Conservatives have a narrative they need to feed, so there it went.

In the end, it got nowhere. The Liberals managed to stymie the proceedings long enough for the Bloc MP to side with them in opting not to pursue the matter, but along the way, they (correctly) suggested that this is a matter best suited for the Board of Internal Economy, which deals with MPs’ resources and allocations, and these payments have been coming out of MPs’ office budgets. Of course, the Conservatives (and to an extent the NDP) can’t put on a public dog and pony show at BOIE like they could at the ethics committee, so of course they had no interest in pursuing that course of action – especially after the Liberals also wanted the Conservatives’ database practices included in their referring the study to BOIE.

This isn’t to say that there aren’t issues that could be better explored here, the chief of which is that political parties are exempt from privacy legislation, so there aren’t many effective firewalls around the use of constituency files. And hey, that would be something that the Access to Information, Privacy and Ethics committee should be tackling, because it’s right in their mandate! One Conservative MP also suggested that perhaps the House of Commons build their own constituency file management system so that parties don’t have to contract their own systems, which may not be a bad idea – but it’s one that BOIE would tackle, not the ethics committee. And the point of this exercise was about the dog and pony show, not anything of substance, which is one more reason why this particular session has turned toxic.

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Roundup: Trudeau’s feeling punchy in Calgary

Prime Minister Justin Trudeau continues his tour of the country as the pandemic wanes, and yesterday stopped in Calgary to meet with both Jason Kenney and Naheed Nenshi, and there were some particular notes that Trudeau’s tone had changed, and that he was more combative than he has been in the past – in particular, taking shots at Kenney’s government over their resistance to dealing with climate change and the economic opportunities that come with the green economy, and that Kenney had endorsed banning niqabs in the country as an example of how the previous government didn’t take systemic racism seriously. (And if anyone wants to point out that Kenney was the party’s “ethnic outreach” minister, remember that his particular focus was on communities where they felt they could target social conservative votes, citing their mutual dislike of the gays, marijuana, and so on).

There was in particular some politics being played about the announcement over funding for Calgary’s Green Line LRT project, where the province – which has been apparently slow-walking it for a year now – approved the funding in a press release shortly before Trudeau’s announcement, and weren’t at the announcement themselves, which sounds about typical.

Trudeau, meanwhile, pushed back against the notion that there is some kind of unfairness in equalisation, and that Alberta is being somehow disadvantaged. While he pointed out that the current formula was negotiated with Kenney at the Cabinet table, it bears repeating that equalisation is not the province writing cheques to one another – it comes out of general revenues from federal taxes, and Alberta pays the highest federal taxes because they have the highest incomes in the country by far – even during these tougher economic times for the province as a result of the downturn in the oil market. Not that Kenney is going to tell the truth of how it works when he’s trying to nurse a faux grievance in order to score political points (much as he’s doing with his bullshit “senate nominee elections”). Part of this newfound punchiness on Trudeau’s part has to do with the narrative of election speculation, but also that Kenney has been weakened, and the Conservatives nationally are losing ground, and Trudeau likely sees an opening. There is talk that they could take several seats in Edmonton and Calgary thanks to both softer Conservative numbers and the fact that they could lose ground on their right flank to the swivel-eyed loons in the “separatist” Maverick Party, which gives the Liberals more of an opening. Trudeau also made the point that they want Alberta to have representation in the government, and perhaps people learned their lesson after shutting them out in the province out of spite, only to realize they made a big mistake afterward. We’ll see where it goes, but the shift in tone is notable.

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Roundup: A big reduction in GHGs from steel

You can tell that the pandemic is subsiding because politicians are starting to travel again — and more to the point, the prime minister and Cabinet members are starting to spread out across the country in order to start making funding announcements. Naturally, this is immediately being billed as election speculation, never mind that this happens every year once the House of Commons rises, and that there is certainly a pent-up desire on the part of government to be back in the spotlight doing these kinds of announcements. (But seriously, let’s ban the phrase “campaign-style” from news copy).

The major announcement yesterday was announcing $420 million in fully repayable loans to Algoma Steel to move away from coal-fired production to electric-arc production, which aims to reduce as much as 300 million tonnes of GHGs from their process every year, which is huge. Steel and cement are some of the biggest producers and some of the toughest to achieve GHG reductions with, so this is a fairly substantial announcement that will have a meaningful impact when it comes to reducing Ontario’s emissions.

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Heather Scoffield, meanwhile, complains that while the announcement sounds good on its face, too many of the details are obscured and not made transparent, so we don’t know if it’s really a good deal for Canadians or not — though I will note that Power & Politics interviewed one of the Algoma executives who said that some the details around who much of the loan could be forgiven if carbon reduction targets were met are still being negotiated, so perhaps the rest of those details will be made public once they are finalised.

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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: C-10 keeps stumbling

If there is any bill in recent history that is an object lesson in fucking around and finding out, it’s bill C-10, on amending the Broadcasting Act. Indeed, after the government, with Bloc support, moved time allocation while the bill was in committee, the five hours allotted to finish clause-by-clause consideration was apparently not enough, as it seems yet more MPs on the committee wanted to waste time fighting about things this bill doesn’t actually do. And lo, amendments that were passed after the five hours were up were deemed null and void by the Speaker, so once again, MPs found out.

This doesn’t mean that those amendments are necessarily gone for good – they can certainly be moved at report stage, where the bill is currently, though that may require extending the time allocation that was imposed on the current stage in order to be able to move and vote on said motions – and that leaves yet more opportunity for dilatory actions such as slow-voting and another point-of-order-palooza around remote voting. Barring that, the government can move them in the Senate, though that will be very uncomfortable as it will probably mean having to recall the Commons in a couple of weeks to pass the amended bill, which will be a gong show all around. Or, with any luck, it will be stuck on the Order Paper over the summer, and possibly smothered if the election call that the pundit class is so hell-bent on getting happens. Nevertheless – there is plenty of blame to go around for this state of affairs, not the least of which belongs to the minister for his singular failure to offer coherent communications around this bill at every opportunity, and most especially at committee.

I would add, however, that I have no patience for this notion that the bill saw “no real debate,” as certain individuals are claiming. It got more debate than most budget implementation bills – more than any bill I can remember in recent memory. Granted, we have no guarantee of the quality of debate, and considering that this bill has been the subject of a campaign of conspiracy theories (Internet Czar, anyone?), straw men, red herrings, and outright lies, while substantive and existential problems with the bill have largely gone unremarked upon, I can see a critique that the months of debate were short on substance. That said, I’m not sure how even more debate would have helped, other than to prolong the agony.

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QP: Security breach and securities regulators

While the prime minister was off to the G7 meeting in the UK, the only Liberal in the Chamber was Francis Drouin, though Mark Gerretsen would replace him later in the hour. Erin O’Toole led off, accusing the government of hiding a security breach at the National Microbiology Lab. Jennifer O’Connell warned that O’Toole was playing a dangerous game, and that redacted documents were provided to the Canada-China committee and the unredacted documents went to NSICOP. O’Toole accused her of participating in a cover-up, and O’Connell accused O’Toole of not caring about national security. O’Toole scoffed, noting his military service, and worried there was a Chinese “infiltration” at the Lab, which O’Connell countered with a prof at the Royal Military College praising NSICOP. O’Toole then repeated his first question in French, got the same answer as before, adding that she used to be a member of NSICOP so she could vouch for its security. O’Toole repeated his allegation of a cover-up in French, and O’Connell, exasperated, noted that she wasn’t sure how many more times she could say that they turned over the documents in the appropriate way.

Alain Therrien led for the Bloc, accusing the government of trying to create a new pan-Canadian securities regulator which Quebec opposed. Sean Fraser noted that the office cooperated voluntarily with provinces. Therrien tried again, and Fraser repeated that Quebec was not bound to work with that office.

Alexandre Boulerice rose for the NDP, and he condescended to the government about the WE Imbroglio, and demanded that the government respect the Ethics committee’s report. Bardish Chagger thanked the committee for the work, but accused them of being more interested in partisan games. Charlie Angus then repeated the demand in English with added sanctimony and stretched the credulity of the allegations, and Pablo Rodriguez batted away the insinuations.

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Roundup: Ford turns to the Notwithstanding Clause – again

The sudden comfort with which premiers are deciding to invoke the Notwithstanding Clause is getting a bit uncomfortable, as Doug Ford decided he needed to invoke it after a court struck down his attempts to limit third-party spending in provincial elections in a somewhat arbitrary fashion (given that unions get together to form American-esque political action committees in this province). While you can find a great explainer on Ford and his particular legal challenge in this thread, the more alarming part is the apparent need to reach for the “emergency valve” of the Clause before even appealing the decision to the Court of Appeal or the Supreme Court of Canada.

There is a perfectly legitimate reason why the Notwithstanding Clause exists, which as to do with keeping a certain amount of parliamentary supremacy in lawmaking, and it gives governments an avenue of recourse if there is a fundamental disagreement with a court’s interpretation of legislation. But lately, it’s being invoked by premiers who know they are trying to push through objectionable legislation – François Legault did it with Bill 21, which the courts have essentially said blocks their ability to strike down any portion of the law, and he’s doing it again with his Bill 96 on trying to obliterate any bilingualism in the province (the same bill that seeks to unilaterally amend the federal constitution). Ford had threatened to invoke it to ram through his unilateral changes to Toronto City Council while they were in the middle of an election, but ultimately didn’t because of a court injunction, and his decision this time is similarly dubious. This willingness to invoke the Clause at the first sign of court challenge or on the first defeat is a very big problem for our democracy, and we should be very wary about this abuse of power, and punish these governments appropriately at the ballot box during the next elections for these decisions.

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In the meantime, here’s Emmett Macfarlane with more thoughts on the court decision that led to this turn of events.

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