Roundup: Ending the defence committee study

Something unexpected happened yesterday, in that the Defence committee voted to end the study on the allegations against General Jonathan Vance – the Liberals moving the motion, and the Bloc supporting it (which was the real surprise). Of course, ending the study comes with a number of different narratives. For the Conservatives and the NDP, this is all about the government trying to “cover up” what happened, because they won’t allow staffers to testify – nor should they. The concept of ministerial responsibility is inviolable in our constitutional framework, and the government should be fighting to maintain it, and yes, they have put the minister forward in this case several times, so that does matter. For the Liberals’ decision to move to end the study, it’s also at the request of some victims’ groups, who have stated that every past government is at fault, and that the committee is simply using the victims in order to score partisan points – and they are 100 percent correct in that assertion.

I do find it disturbing, however, that in most of the reporting on what has gone on, media have followed the opposition narrative that staffers are being “blocked” from appearing, and that the only time that ministerial responsibility is mentioned, it’s in quotes and being both-sidesed in terms of the government’s response. This is a real problem because it is undermining this fundamental principle in our democracy. This is something that should be explained, including why it’s wholly improper for the opposition to be demanding that this important principle be violated, and why when the Conservatives were in government, they repeatedly invoked the same principle as well to keep their staffers away from committee. Constitutional principles matter – they’re not just to be dismissed as a “process story” as so many journalists and editors are wont to do in this city, and it cheapens the discourse when this context is being left out of the stories, and when the government’s correct position is being spun as being improper.

Of course, if the government is going to claim ministerial responsibility, that doesn’t just mean Sajjan has to show up (which, to his credit, he did for six hours) – Sajjan has to actually take responsibility as well, and he hasn’t. And more to the point, Sajjan should fall on his sword for this, because he did drop the ball. He remained way too incurious about the allegations and whether an investigation was being carried out – which is not the same as involving himself in the investigation or meddling in it. It’s basic due diligence for someone who is responsible to Parliament for the armed forces and its leadership, and he failed in that due diligence. Sajjan has no choice but to resign over this, and it will be a giant sign that Justin Trudeau is not taking this seriously if he doesn’t insist on a resignation in short order.

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Roundup: The importance of our distinctions

There has been no shortage of columns on the future of the Canadian monarchy over the past few days – I’ve even contributed my own – and they are all over the map between “Our current system works” and “Barbados is going republican so why can’t we?” But one of the fundamental problems with many of these pieces is a fundamental lack of basic civics. Like, the most basic, which then gets even more compounded with wrong-headed expectations about what our other political actors should be doing. A huge example is the importance of keeping the ceremonial head of state functions away from the head of government functions, but this is failing to find as much traction these days, and that’s a problem.

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I would dispute with Philippe a bit here in that people would get fussed about honours being handed out by prime ministers or ministers, particularly if it’s a PM that they disagree with. That’s one of the primary reasons why honours should be with the Queen via the Governor Genera/Lieutenant Governors, because it keeps it out of the hands of politicians and the whims of the government of the day. When you start turning honours over to politicians, bad things happen – recall the gong show that was the Queen’s Diamond Jubilee medals, where MPs and senators were given a number to hand out apiece, and some of them went to certain individuals that would never have been eligible for any other honours in this country.

But of course, as Dan Gardner points out, so much of this stems not only from our poor civics education, but the fact that we are so saturated with American pop culture and politics that so many in this country believe that we are analogous in so many ways. Hell, we have political parties in this country who simply swallow the positions of American politicos and just divide by 10, thinking that’s all it takes, like we’re not separate countries or anything. It’s a huge problem and not enough of us are pushing back against it. The Crown is a big part of what keeps us distinct, and we need to better appreciate that. I can say from personal experience that one of the comments I’ve received most about my book is that people read the chapter on the Crown and say that it finally makes sense to them because they’ve never learned it properly before. We have a problem and we need to solve it before more people think that the solution is to become Americans.

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Roundup: Final debate on the amendments

While the Commons is not sitting this week, the Senate is, with several bills now on their Order Paper for consideration, most especially the assisted dying bill, which is under a court-imposed deadline (that has already been extended thrice). At issue are the amendments that the government accepted, rejected, and otherwise modified from what the Senate sent back to the Commons a few weeks ago (where the Conservatives then held it up).

The Government Leader in the Senate, Senator Marc Gold, is taking the line that this is a “historic example” of collaboration between the two Chambers that has resulted in better legislation, but I’m not sure just how historic that is, and by “better legislation,” it’s a fairly marginal case because the government reduced the attempt to render this legislation fully compliant with the constitution with one of its famous half-measures that means that people’s suffering will be prolonged as a result, and yet more others will need to embark on yet more court challenges in order to fully access what should be guaranteed rights.

Ultimately it does look like this will pass without sending it back to the Commons again, as most senators are taking the line that the House has had their say, and because they’re democratically elected, it can go ahead now (though there have been instances where the Senate made a second insistence on certain bills in order to make a point – though I’m not sure that will be the case here), and that it could pass and get royal assent before the court deadline. Nevertheless, the amount of time this has taken for something that had court-imposed timelines is a sense of just how vulnerable the parliamentary calendar really is when you had determined opposition to bills, and it’s not over yet because the proposed changes in this legislation will impose a two-year timeline for more consultations on aspects of the law that currently remain prohibited (where that prohibition remains unconstitutional), but that the government is dragging its feet for the sake of politics. Ultimately, nobody comes out of this exercise looking particularly good.

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Roundup: Closure, and false hope

The government followed through on their plans to invoke closure on the assisted dying bill yesterday, and with the support of the Bloc, they had final debate and a vote, which passed, sending the amended bill back to the Senate. (The NDP, incidentally, voted against it simply because they refuse to recognise the legitimacy of the Senate). Because the government only accepted a couple of the Senate amendments, and modified others, it will require another vote in the Other Place, but it is most likely that they will allow the bill to pass in time for the court-imposed deadline.

There have been a lot of disingenuous comments about this bill. Certain disability advocates have insisted that this makes it easy to kill them, which it doesn’t, and these advocates ignore that other people with disabilities have requested assisted dying and won in the courts – which is why this bill exists. Many of those advocates are trying to re-litigate the case they lost at the Supreme Court that allowed for the assisted dying regime to be created in the first place, which isn’t going to happen – that decision was unanimous and the Court is not going to revisit it. As well, one of these amendments puts a two-year time limit on the mental health exclusion so that more guidelines can be developed. That exclusion is almost certainly unconstitutional, and the government knows it – but again, there is a cadre of disingenuous commentary, including from some MPs, that this would allow anyone with depression access to assisted dying, which is unlikely in the extreme, and more to the point, it conflates other mental illnesses with depression, and it stigmatises mental illness by excluding it, effectively undoing years of trying to treat mental illness like any other illness.

When I tweeted about this last night, I got a lot of pushback from a certain segment that coalesced around the narrative that the government would not provide supports for people with mental illness but would let them kill themselves; and furthermore, they tried to further say that the government that voted against pharamcare was doing this. There is a lot to unpack in those statements, but there are a few things to remember. One of them is that most disability supports, as well as treatment for mental health, are both in provincial jurisdiction, so the federal government can’t offer more supports for them. Hell, they can’t even simply send $2000 per month to people with disabilities – as the NDP are demanding – because they don’t exactly have a national database of people with disabilities (and they had a hard-enough time kludging together a special pandemic payment through use of the flawed disability tax credit). They do have jurisdiction over the Criminal Code, which is what this legislation covers.

As for the pharmacare bill, we’ve already covered repeatedly that it was unconstitutional and unworkable, and would not have created pharmacare, as the NDP claimed (while the government is already at work implementing the Hoskins Report). But as we’ve seen here, they sold a bill of goods to these people, and gave them false hope as to what they were doing. They lied to vulnerable Canadians to score cheap political points. The sheer immorality of that choice is utterly shameful, but this appears to be what the party has reduced itself to. I sometimes wonder how their brain trust sleeps at night.

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QP: Curious expectations of the ombudsman

For the one-year anniversary of the declaration of the pandemic, there were more MPs in the Chamber than we’ve seen in weeks — there was more than bare quorum for a change, and not only was the prime minister present, but so was Catherine McKenna and three other Liberals — it’s almost a miracle. Before things got underway, a moment of silence was called for the victims of the pandemic. Erin O’Toole led off, script on mini-lectern, and he said that PCO told the PMO that the military ombudsman was not in a position to investigate sexual misconduct — which isn’t what anyone was asking, but may instead have been based on a poor interpretation of something the minister had said — and accused the government of a follow-up. Justin Trudeau reminded him that they take allegations seriously, and that politicians cannot do the investing, but appropriate independent authorities must do it. O’Toole tried again twice more with increasing sanctimony, and Trudeau repeated his same answer. O’Toole then pivoted to the 40-day delay between vaccine doses and if the off-label use would have an impact on the contract with Pfizer, and Trudeau reminded him that politicians don’t give guidance around vaccines, but experts to. O’Toole repeated the question in French, and got the same response. 

Yves-François Blanchet rose for the Bloc, and in light of the day, wanted them to put partisanship aside…and accede to the provinces’ demand for $28 billion without strings. Trudeau reminded him of the increased transfers they already gave for during the pandemic and an assurance that they would negotiate increases after it was over. Blanchet tried to then affect some gravitas in demanding that all seniors be given additional supports and not just those over 75. Trudeau explained that older seniors have greater needs than younger ones, which is why the government was giving them additional supports.

Alexandre Boulerice led for the NDP by video, and he returned to the allegations around General Vance, for which Trudeau gave a paean about working harder to giving support to victims and in transforming in institutions like the armed forces and the RCMP. Lindsay Mathyssen repeated the question in English, with an added demand for an apology, and Trudeau repeated his same paean, but he disputed the assertion that the government did nothing, and he listed some of those actions.

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Roundup: Support on a closure motion

There appears to be some marginal progress with the government attempting to move legislation in the House of Commons, now that the NDP and the Bloc are starting to realise that something needs to be done. To that end, the Bloc have agreed to support a motion on closure for Bill C-7 on assisted dying – as there is a court deadline and only eight more sitting days between now and then – with tentative NDP support. And the NDP are also starting to realise that the current impasse could give the government ammunition to call an election (even though the only people who want said election are bored pundits), and want other bills to move.

The Conservatives, meanwhile, did pass a motion yesterday to fast-track debate on the Canada-UK trade agreement implementation legislation and MPs sat until midnight as a result, but there will be a battle over the assisted dying bill. From there, it becomes a contest of wills as to which bills are getting prioritised. The government has been trying to pass Bill C-14, which implements measures from the fiscal update back in December, before the budget is brought down (likely next month). And there is another bill to close loopholes in pandemic supports, which the Conservatives have refused to fast-track, while complaining about said loopholes. But the NDP want other bills fast-tracked instead – the creation of a Day of Reconciliation with Indigenous people, the UNDRIP bill, and finally passing the conversion therapy ban bill, which is at third reading whenever it can be brought forward. The government is also trying to get some bills past second reading so that they can get them off to committee, which you’d think opposition parties would relish.

I do find the Conservatives’ complaint that the government keeps introducing bills to be somewhat ludicrous, as though the government doesn’t have a legislative agenda that they laid out, and that they can’t try and walk and chew gum at the same time. The parliamentary calendar is finite, and there are a lot of things that this government needs to be able to do, and the Conservatives have been putting a damper on much of that for weeks now. Now that the Bloc and NDP are looking more willing to play ball with the government, one presumes that we’ll see some time allocation motions upcoming to prioritise more bills, and get them through the process, rather than give the government “more ammunition” for the election nobody actually wants.

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QP: Weaponizing International Women’s Day

For International Women’s Day, it was mostly women in the Chamber, except for the Liberals, though Catherine McKenna was present as a designated front-bench babysitter. Candice Bergen led off for the Conservatives by video, and she accused the government of covering up when they knew about the General Vance allegations, to which Harjit Sajjan stated that he disagreed with the statement, and he looks forward to setting the record straight when he has the right opportunity. Bergen stated that if Sajjan wasn’t part of the investigation, he was part of the cover-up, to which Sajjan repeated that he directed the allegations to the Privy Council Office, and they followed up. Bergen tried to make this an International Women’s Day issue, to which Sajjan started that no politician should be part of the investigation process but that they should be done independently. Gérard Deltell took over in French and asked the same thing, and Sajjan repeated that politicians should not be part of investigations and he looked forward to setting the record straight at committee. Deltell accused the government of lacking courage, for which Sajjan hit back by saying he wouldn’t take lessons from the Conservatives on gender rights.

Christine Normdin led off for the Bloc, and demanded increased health transfers for the provinces, to which Patty Hajdu reminded her of all the money that the government already transferred to the provinces for the pandemic. Normandin the claimed the government was abandoning the women in the healthcare system by not increasing transfers — another ham-fisted way of trying to wedge into International Women’s Day — and Hajdu countered with actions the government took including topping up the wages of essential workers, most of whom are women.

For the NDP, Jagmeet Singh led off by video, and in French, he demanded a plan to protect women in the Canadian Forces, for which Sajjan reminded him of the actions they have taken to reform the military justice system and victims rights. Singh repeated the question in English, and Sajjan reiterated that there should be an independent investigation process to ensure it has credibility.

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Roundup: Taking a culture change seriously?

So much of the discourse yesterday – aside from the AstraZeneca vaccine – was around Admiral Art McDonald stepping aside while he is the subject of an investigation into sexual misconduct dating back to 2010. In particular, Prime Minister Justin Trudeau and defence minister Harjit Sajjan were asked repeatedly whether they knew anything about this investigation or the allegations behind it before they appointed McDonald to the post of Chief of Defence Staff. (For the record, both Trudeau and Sajjan say they weren’t aware until it was reported in the media).

Trudeau says that it’s a good sign that McDonald stepped aside because it shows how serious this is being taken, and wants those who have experienced said misconduct to know that they will be heard and listened to. Erin O’Toole says that there should be a freeze on all promotions and salary increases for senior leadership in the military until an independent investigation can look into how the Forces have handled the problem of sexual misconduct.

Of course, the bigger problem is likely military culture and the structure of leadership, and there are concerns that Operation Honour is failing because it hasn’t tried to understand why sexual misconduct happens in the first place, and that it’s the broader military culture that needs to be changed. There are also particular calls for a fully independent oversight body to deal with the culture – and one that has actual teeth to it – but even though this was a recommendation in the Deschamps Report, the government didn’t go ahead with it. It remains a question whether the government will get over itself and finally create that independent oversight to finally deal with the problem, but they’ve been dragging their heels on other long-overdue independent oversight, especially over bodies like the CBSA, which has no oversight at all. But the fact that two Chiefs of Defence Staff in a row are under investigation should be a wake-up call as to the broader problems with the Forces, and maybe this government should finally take it more seriously than the half-measures they have taken to date.

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Roundup: Pandora’s Box is open

With the agreement of all House Leaders in the Commons, MPs have finally done it and wrenched open the lid of Pandora’s Box (which is actually a jar) and have let loose evil into the world. That evil is their remote voting app, and Parliament will forever suffer for it.

Am I being a drama queen about this? Hardly. Because we’re already seeing the demands to make these hybrid sittings permanent. The Parliamentary Budget Officer was asked to report on “savings” of this set-up, and in spite of the increased IT and staff costs (and almost no mention of the human costs of the interpreters burning out and suffering cognitive injuries at a horrific rate), he figured that it would save about $6.2 million a year, mostly in travel costs, as well as some 2,972 metric tonnes of CO2 emissions. And the senator who commissioned the PBO report was so enthralled with the result that she wants to make hybrid sittings permanent, with the “bonus” that parliamentarians can spend more time in their “ridings” (erm, except senators don’t have ridings because they represent the whole province, Quebec’s senatorial districts notwithstanding).

What I have been warning about this whole time is that MPs would use the pandemic to normalise hybrid sittings and remote voting, because some of them – the Liberals especially – have been pushing for this for years with little success, and with the pandemic, they are not letting a good crisis go to waste. They know that once it’s over, they will contrive excuses to keep these “temporary” measures permanent, starting with the excuse that it’ll be beneficial for MPs on parental leave, and then it’ll be for those with work-life balance issues, and finally it will because they just have so many things going on in their ridings that they couldn’t possibly be in Ottawa – and now they have the added justification of cost savings and reduced GHG from flights. Parliament is facing de-population, and it will become like a homeroom that everyone attends once or twice a year, and that’s it.

The problem is that Parliament is a face-to-face institution. Some of the most important work that happens is actually on the margins of committee rooms, in the lobbies behind the Chambers, or in the corridors. Ministers can be button-holed by MPs in the Chamber waiting for votes, which is incredibly valuable. Relationships are built with stakeholders and witnesses who appear at committee, and that happens face-to-face. And more importantly, MPs need to actually be in the same room for collegiality to happen. When MPs stopped having dinner together in the Parliamentary Restaurant three nights a week after they ended evening sittings, collegiality plummeted and has never recovered. If MPs aren’t even in Ottawa with one another, they will be fully ensconced in partisan bubbles that make it easy to treat one another as the enemy rather than as fellow MPs who can play outraged in the Chamber and go for a drink together afterward (which is becoming rare enough as it is). This is antithetical to what Parliament is. And not enough of them are getting it, so they’re allowing this to go ahead full-steam ahead, and boasting about “modernisation,” and so on. It will kill Parliament, and not enough people will actually care, which is the worst part.

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Roundup: More alike than unalike

The NDP decided that the bilateral meeting between Justin Trudeau and Joe Biden was the perfect time to take to shitposting about it, in the form of a juvenile mock-up of the agenda items, and making their remarks on them. Because this is where we’re at in this country – our two main opposition parties have decided that the online tactics of shitposting are definitely the way to win the hearts and minds of Canadian voters.

In the NDP’s case, this is not only about trolling Trudeau, but also Biden, because they have made a concerted effort to appeal to the Alexandria Ocasio-Cortez/Bernie Sanders fanbase – consistent with their lifting their policy ideas wholesale, no matter whether or not they have any relevance in the Canadian context. This tends to involve a certain amount of trying to “win the Internet,” whether it’s with Jagmeet Singh adopting TikTok memes, or the culmination of this attempt to co-opt American Democrat cred when Singh and Ocasio-Cortez played Among Us over Twitch as part of a fundraiser. As a more centrist, compromise candidate, Biden is seen as a betrayal of the progressive wing of the Democrats, and you can bet that the Canadian New Democrats trying to appeal to them is going to cash in on that as much as possible.

None of this should be too surprising, however – the NDP have long-since abandoned any real sense of ideology for the sake of being left-flavoured populists, running after flavours of the week and pursuing policies that don’t actually make sense for their own purported principles (like their demand to cut the HST off of home heating, which would only disproportionately reward the wealthy). In this way, they have been more like the Conservatives than unalike for a while now, but with this full-on embrace of shitposting (as opposed to simply the mendacious omission of jurisdictional boundaries in their demands) just drives that point home.

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