Roundup: Pushing back against the committee order

The credulous takes on the Conservatives’ health committee motion continue, and now industry is also starting to push back, concerned that commercially sensitive information is going to be released publicly which will affect them and the ability to produce PPE for the country. Of course, Michelle Rempel Garner is dismissing these concerns as “Liberal spin” and offering the assurance that the Commons Law Clerk will redact any sensitive information – except that there are no assurances that he knows what is and is not commercially sensitive information. (And this recent trend of making the Law Clerk redact documents under the howls that anything else amounts to a cover-up is worrying, because it’s once again piling work into independent servants of the House that is beyond the scope of their duties, which will soon become a permanent duty). Other manufacturers are saying it’s not about the information, but about the fact that they’re going to become political footballs for stepping up in the early days of the pandemic – and they’re right. Given how many falsehoods are being repeated about the Baylis Medical contract – which media continues to both-sides rather than call out – is going to keep happening, and we’ll see these company owners be grilled for any remote Liberal connections, because this is an exercise in the Conservatives fishing to “prove” that this was about the Liberals trying to pad the pockets of their “friends,” because they are determined to try and recreate a new Sponsorship Scandal. And I’m surprised that there aren’t more voices in the media who can’t see this, or the shenanigans in Rempel Garner’s motion.

Meanwhile, Patty Hajdu hasn’t exactly covered herself in glory over the past few days with her dismissive comments about Access to Information requests – comments that got the attention of the Information Commissioner, who sounded the alarm over them. I will note that having once worked as a contractor in Health Canada’s records department (I had to pay the bills while building up my pre-political freelance career), that they had one of the worst-kept systems across the federal government, and I have no reason to believe that things are much different now than they were then. This gets compounded by the fact that ATIPs are being slowed by the fact that government offices are closed because of the pandemic, and people aren’t being able to access the files necessary, which is making the situation worse. It would be great if Hajdu could actually say something other than the dismissive comment (which I’m fairly certain was off the cuff when caught flat-footed by the issue), and her haughty defence of civil servants, but as we all know, this government can’t communicate their way out of a wet paper bag, and she proved it once again, in spades.

Continue reading

Roundup: Blustering through a climbdown

It was a day full of bravado, as Erin O’Toole began the day with a bit of a climbdown, saying they would change the name of their proposed special committee from the blatantly inflammatory “anti-corruption committee” to the “special committee on allegations of misuse of public funds by the government during the COVID-19 pandemic,” which is exactly the same thing (and whose first four letters – which committees abbreviate to – would be SCAM, which is yet another one of their childish tactics). Government House leader Pablo Rodriguez was not mollified, quipping “If you write a book about Frankenstein and call it ‘Cinderella,’ it’s still a book about Frankenstein.” O’Toole then tried to say they would amend their motion to insist that a vote for it was not a vote for an election, to which the government said no dice – you’re saying you don’t have confidence in us, so you get to put your money where your mouth is as this is going to be a confidence vote. And then O’Toole tried to say that he doesn’t have confidence in the government, but doesn’t want an election, and sorry, that’s not how this works. You’re accusing them of corruption and misusing public funds – which is a loss of confidence in a system like ours – and then saying you don’t want an election? Yeah, no. You have confidence and the government governs, or you don’t, in which case the government falls and you go to an election.

There is going to be a monumental amount of chest-thumping and testosterone being hosed across the carpet between the aisles in the Commons today as this comes to a head, but frankly, the government is calling O’Toole out for his bluster and tough talk. The Bloc are also blustering about being in favour of an election, leaving the NDP holding the bag. Jagmeet Singh insisted that this was a “farce” and “stupid” to trigger an election in a pandemic over creating a committee – omitting that the title of the committee implied corruption, which should be a de facto loss of confidence, and the fact that said committee’s terms of reference would give it priority over all other government business, including having ministers, the prime minister, and civil servants being expected to drop everything and appear or produce documents at the committee’s beck-and-call, in the middle of a pandemic where everyone is already stretched. (There was also Conservative sniping that Singh didn’t seem to have a problem with John Horgan calling an early election in the middle of a pandemic). I know the NDP want to play the grown-ups in the room (somewhat ironic after Charlie Angus’ histrionics and theatrics on the WE Imbroglio file), but at least represent the situation for what it is.

Meanwhile, Kady O’Malley’s Process Nerd column explains just how the motion on creating that special committee can be considered a confidence matter. Paul Wells offers some intense snark over the current confidence showdown, and how Trudeau may not be gambling if he’s likely to win another election. Heather Scoffield sees utility in the government’s proposed pandemic spending oversight committee – assuming that it is set up as advertised.

Continue reading

Roundup: A Thanksgiving stunt

The Conservatives decided to use Thanksgiving Monday for their latest political stunt, which is to demand the creation of an “anti-corruption committee” that they intend to use to get to the bottom of the WE Imbroglio, and they’re ready to use every tool available to them in order to get there.

What makes this a stunt in particular is the abuse of the term “corruption,” which is overly loaded in the context of what happened in the penny-ante nonsense that surrounds the WE Imbroglio. They’ve already extracted more than the usual amount of blood that something like this would engender, both seeing the finance minister resign, and WE Charity’s Canadian operations themselves have largely folded (though not their international footprint) as a result of the spotlight that this put on them. The notion that there is something to hide because of the refusal to turn over the speaking fees collected by members of the Trudeau family, despite their being private citizens, is bordering on witch-hunt territory. And because the Conservatives are calling this an “anti-corruption committee,” any refusal to play along lets them shriek that those people are allowing corruption to happen.

The problem here is that this is nothing like actual corruption that happens in other countries. Hell, there is some pretty damning corruption that happens in some provinces in this country, where specific industries have bought and controlled provincial governments for decades. And by trying to posit that what happened with WE is capital-c corruption both demeans actual corruption that happens, but it imparts false narratives onto the kinds of wrongdoing that took place here, which was about recusals as opposed to shovelling funds to friends, family members, and business associates. But then again, the Conservative playbook has long-since left spin and torque behind in favour of bald-faced lies, so here is where we are.

Continue reading

Roundup: Conflating the “leader’s courtesy”

New Green Party leader Annamie Paul is running for a seat in the upcoming Toronto-Centre by-election, and this has already caused a bit of a friction between outgoing leader Elizabeth May and NDP leader Jagmeet Singh. Why? Because May argues that Singh should repay the courtesy that the Greens extended him when he was running for his own seat in a by-election in the previous parliament and not run a candidate to oppose him. The problem? That May’s conception of “leader’s courtesy” is not really what she thinks it is.

First of all, “leader’s courtesy” largely only existed when it came to government or official opposition – third, fourth, and fifth-place parties are not really owed any particular courtesies. Second, what this particular courtesy involves is a member of the new leader’s own party voluntarily resigning their seat so that the new leader can run there in order to get into the Commons as soon as possible – it’s generally not about unheld ridings, even if it just happens to coincidentally be the same riding where Paul ran in the last federal election. The Liberals are certainly not obligated to not run to keep their own seat for the sake of giving Paul a seat, no matter if she is a Black woman. Hell, they’re running a Black woman of their own in the riding. Not to mention, less than a year ago, during the election, Paul came in a distant fourth place in the riding with a mere seven percent of the vote-share. Bill Morneau, incidentally, got 57 percent, and the NDP came in second at 22 percent – even if Singh did the “classy” thing, as May demanded, and didn’t run a candidate, it’s still unlikely that Paul would win – especially when she’s running against a legitimate media personality like Liberal candidate Marci Ien.

I would also add that demanding that the other parties surrender their candidates so that Paul can win it because she’s a Black woman leader smacks of tokenism, and is an implicit declaration that she couldn’t win the seat on her own. Not to mention, it deprives the voters of the riding the chance to make the decision on who they want to represent them. Again, the historical “leader’s courtesy” was about a riding that the party held, and it was usually intended to be a short-term measure so that the leader would have a seat, and would then run in their intended seat in the next election and return the riding to the MP who stepped aside for the leader. This is clearly not what is happening in Toronto Centre, so unless May wants to resign her own seat so that Paul can run there, she’s conflating just what exactly this “courtesy” really is.

Continue reading

Roundup: An admission of systemic racism in Canada

Prime minister Justin Trudeau’s daily presser was held away from Rideau Cottage yesterday, at a local business that benefitted from the wage subsidy, and it was remarked that it looked to be suspiciously like a campaign stop. Trudeau did his best to try and deflect blame for losing at political chicken – err, Wednesday’s inability to get the government’s latest emergency omnibus bill passed, outlining all of the places where items in the bill matched the demands of opposition parties, while dismissing some of the criticisms – primarily that of the Conservatives in their insistence on having full parliamentary sittings restored. The more memorable moment, however, was when he was asked about RCMP Commissioner Brenda Lucki’s comments that seem to dismiss systemic racism in the RCMP (though she did cop to unconscious bias), where Trudeau said that of course there is systemic racism in the RCMP, just like there is in all of our institutions, and that systems are not broken, but were in fact built that way. He went on to say that part of why it’s difficult to address is because it’s in the building blocks of these institutions, which should serve as a reminder to everyone that there are no quick fixes to any of this. He also went on to say that Canadian exceptionalism isn’t just that we do well, but that we know we need to do better and are willing to address it. This is probably the first time that a head of government has made this kind of an admission, and an acknowledgment of concepts that many Canadians are still coming to terms with – but he also did say that he had faith in Lucki to do the job of reforming the RCMP, so there’s that.

On the subject of the RCMP, Indigenous services minister Marc Miller is not having any of Commissioner Lucki’s excuses about not understanding systemic racism, and is critical that not enough has been done to combat it over the past two years. AFN National Chief Perry Bellegarde says that the federal government’s complacency allows police violence against Black and Indigenous people, and he’s right. And lo and behold, the dashcam footage of Chief Allan Adam’s arrest has been made public, and it is hard to see how senior RCMP officials could have concluded that the actions were “appropriate,” which is a big flashing indicator of a problem in the ranks.

Meanwhile, as the debate on bringing back Parliament properly progresses with Trudeau’s disingenuous excuses, Conservative House leader Candice Bergen has put forward a number of suggestions for how MPs could safely vote in-person in a returned Parliament – some of which I’m not in favour of, but at least it’s a better solution than the Pandora’s Box of remote or electronic votes, which the government favours – and make no mistake, they are an evil that will be unleashed and there will be no going back. (I have more on this in my weekend column, out later today).

Continue reading

Roundup: Party positions and individual agency

The weaponization of private members’ business continues unabated in Parliament, as the Conservatives put out an attack yesterday that claims that the Liberals want to “legalize” hard drugs because maverick backbencher Nathaniel Erskine-Smith tabled a private members’ bill that calls on the decriminalization of small personal amounts in order to better treat addiction as a public health issue and to not criminalize people with addictions – something that has worked in some countries. The lie, of course, is both in claiming that this was official government policy, and that it was calling for legalization – because who cares about truth or facts when there is fear to be mongered?

The bigger problem here? What it does to how private members’ business is treated in the House of Commons, and more to the point, there is a very big potential for this to blow up in Scheer’s face because of Cathay Wagantall’s sex-selective abortion bill currently on the Order Paper. And yes, let’s not be obtuse about this – the media feeds this particular weaponization, both in how they made this kind of abortion bill an Issue during the election, and how we both demand that MPs be both independent and yet castigate the leader for “losing control” when any MP shows any glimmer of independence. (And for the record, Scheer has not said anything about Wagantall’s bill, other than to have his spokesperson say that he “discouraged” such bills).

https://twitter.com/althiaraj/status/1234901634272178182

I know that everyone is going to be cute about these bills, and how if they get tabled the party “must” support the position because everything is so centrally controlled, and so on, but this is part of what poisons the system. Insisting that everyone be marching in lockstep from other parties ensures that the same insistence is made about your own party, and it removes any agency from MPs. They’re MPs, not gods damned battle droids. If we want drones to simply read speeches into the record and vote according the leader’s office, then why do we even bother with MPs? Why bother with parliament at all? The Conservatives’ release is embarrassing, and they should be ashamed of themselves for it (which of course would imply that they’re capable of shame, but I have my doubts about that one too).

Continue reading

Roundup: Rights, title, and ratification

We got a few more details yesterday about the agreement reached with the Wet’sutwet’en hereditary chiefs on Sunday, despite a few TV hosts somewhat obtusely demanding to know what it meant for the Coastal GasLink pipeline – despite the fact that it was stated over and over again that this agreement did not have anything to do with that, and that the matter was unresolved. The crux of the agreement was an agreement on how rights and title would be extended for the Wet’suwet’en going forward, meaning that with any future projects, there would be clarity as to who would need to be consulted – which means the hereditary chiefs – and given the new impact assessment process that the Liberals instituted (under the infamous Bill C-69), those consultations begin at the earliest possible moment for these project proposals so that affected First Nations can be brought in from the get-go. What I found especially interesting was that Carolyn Bennett said that this was in accordance with UNDRIP principles, as free, prior and informed consent (which again she stressed was not a veto). And one imagines that this kind of agreement would be a template for others when it comes to unceded territory across the country.

As for Coastal GasLink, work apparently resumed on aspects of the project, but given that some of their permits were pulled by the province’s environmental assessment agency with a demand for more consultations, one supposes that the work is on areas that are outside of Wet’suwet’en territory. Meanwhile, one of the elected chiefs who is in favour of the project was doing the media rounds in Ottawa yesterday, and he said that while his people were discussing the ratification of the new agreement, he said that he was also willing to give up the economic benefits of the pipeline is that was what his people decided that they wanted as part of those discussions. We do know that matriarchs who were in support of the project were also in the meeting between Bennett, her BC counterpart and those hereditary chiefs, so the discussion within the community is very much alive, and we’ll see in a couple of weeks when the ratification process is supposed to be concluded, what the future holds for the pipeline.

Continue reading

Roundup: An agreement, and a start to further discussions

On the fourth day of negotiations, federal Crown-Indigenous Relations Minister Carolyn Bennett, her BC counterpart, and the Wet’suwet’en hereditary chiefs have come to an agreement regarding land title rights for Wet’suwet’en territory, which has been an open issue for decades. It will need to be ratified by the Wet’suwet’en nation after a period of consultation, but it is a step. This does not, however, completely solve the issue with the proposed Coastal GasLink pipeline – the vocal group of hereditary chiefs remain opposed (while those in the community who support the project feel they aren’t being heard), but this remains an issue where the community needs to come together and use the feast system under their laws to resolve these disputes, which hasn’t been happening. It will also require further discussions with the RCMP about their operations in their territory, but again, there seems to be some progress made.

Meanwhile, a discussion among legal experts is ongoing regarding the efficacy of using legal injunctions when there are land rights protests going on, because they can be too much of a blunt instrument. Some are suggesting that the injunctions be structured to allow for mediated consultation instead of heavy-handed orders to stop their protests, as has been done in some provinces when it comes to labour disputes. And a prime example of something unhelpful is the bill recently tabled in Alberta to further penalize protesters with heavy fines (which is already likely unconstitutional), but there does seem to be a definite mindset behind that kind of legislation.

Continue reading

Roundup: A failed attempt at fundamental reform

Fair warning that this is going to be super wonky and a dive into parliamentary nerdery, but it’s important to how our democracy functions. It seems that the government’s attempt to better reconcile our budget cycle and Estimates process has been declared a failure, and the deeply flawed system that has grown up over a number of years has once again returned, and that’s a huge disappointment because it was an important change that they were attempting.

Part of the problem here is that we don’t have a fixed budget date, but the Estimates cycle operates by a fixed calendar. What this has tended to mean is that the budget can be pushed back after the Main Estimates, which means that all of the spending that Parliament is supposed to approve winds up being reflective of the previous year’s budget, and then it’s up to the Supplementary Estimates later in the year to update the spending to what was in this year’s budget – a system that makes it difficult if not impossible to track spending, particularly as the accounting used in the Public Accounts at the end of the fiscal year is different still from both the budget and Estimates. If Parliament’s key function is to study these spending plans and expenditures and hold the government to account over them, it is a nigh-impossible task (which is one more reason why MPs have given up on doing it, and simply turned it over to the Parliamentary Budget Officer, which is a Very Bad Thing). It was Scott Brison’s pet project when he was at Treasury Board to try and better align these cycles, but that was easier said than done, particularly given some of the sclerotic processes within our civil service, and their attempt to try and get some money out the door faster with a $7 billion fund (derided by the Conservatives as a “slush fund” despite there being a list of approved items that accompanied it) never wound up actually working, and much of that money went unspent even though it was supposed to mean things happened faster. It’s a failure all around – both with this government and within the broader civil service.

I am hoping that the Liberals have taken what lessons they can from this and take more steps to rectify some of the problems, including assigning a fixed budget date so that the civil service can adjust their own cycles and processes to reflect this and the Estimates cycle can then reflect what is in the budget (and aligning the Public Accounts with these cycles would also help). This is at the very heart of how our parliament is supposed to operate, and if we can’t get this right, it’s a very, very bad sign for the health of our system.

Continue reading

Roundup: Reverberations and court references

The fallout from the Teck Frontier decision reverberated yesterday, whether it was with disappointed local First Nations, or industry groups giving the usual lamentations about investor confidence. More blame was thrown around, most of it at Justin Trudeau’s direction which seems to be in direct contradiction to what the company’s CEO said in his withdrawal letter, which talked about partisan bickering between levels of government, while also talking about how they supported carbon pricing and the emissions caps – in other words, largely siding with the federal government as the provincial government tore up the comprehensive and reasonable plan that the former NDP government had put into place with a great deal of thought and consultation, which introduced all manner of uncertainty into the market and put them into direct conflict with the federal government unnecessarily – but they also made the gamble that Andrew Scheer would win the last federal election and they wouldn’t have to worry about carbon pricing or strict regulations any longer, and well, that didn’t happen. Of course, it didn’t stop Kenney, Scheer or others from making up things wholesale in order to keep the blame on Trudeau, after they already overly raised expectations for the project (in part by lying about what its promises actually were). In conversation yesterday, a fellow journalist made the supposition that Teck may have been afraid of federal approval at this point because the expectations for it had been built so high when they knew they couldn’t deliver on it, in large part because the price of oil is simply far too low for the project to be viable, not to mention that it’s hard to attract financing as global investors are looking for climate-friendly projects these days.

In pundit response, Heather Scoffield points to the lack of the next stages of the federal climate plans, combined with Alberta’s battling those plans, as factors making us unattractive to investors. Scoffield also blames a lack of leadership for why it’s taking so long to get those needed plans in place. Max Fawcett considers Teck Frontier a metaphor for an Alberta past that won’t come back, and that the withdrawal of the application should be a wake-up call for those who are trying to bring that past back. Kevin Carmichael calls out Teck’s CEO for playing martyr while sabotaging the kind of conversation over energy and the environment that the country needs to have, but now won’t because the deadline is off the table and we have degenerated into assigning blame.

And then, as if things couldn’t get any more interesting, the Alberta Court of Appeal released their 4-1 decision that said that the federal carbon price was unconstitutional, in direct opposition to the decisions from Ontario and Saskatchewan (both of which will head to the Supreme Court of Canada next month). But that being said, there is a curious amount of overtly political editorialising within said judgement, from one of the concurring judges in particular, which I am assured by a law professor will be a field day for the Supreme Court of Canada when this ruling makes it to them.

https://twitter.com/molszyns/status/1232059249158545408

https://twitter.com/molszyns/status/1232074971918168064

https://twitter.com/molszyns/status/1232161066898968576

https://twitter.com/molszyns/status/1232054682140340225

https://twitter.com/charlesrusnell/status/1232124886937550849

Continue reading