Tag Archives: Federalism

Roundup: Some of the misconceptions around C-10

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The other day, I made a somewhat snarky comment over Twitter in response to an op-ed in The Line, because people are still making stuff up about Bill C-10. Like, out of whole cloth, complete fiction, because they do not grasp the basic mechanics of regulation in this country.

So, with this in mind, here are a few reminders. Start by re-reading my piece in National Magazine about the bill. Individual content uploaders are not being regulated – only the platforms themselves. The CRTC is not going to takedown YouTube content, and it’s not going to regulate news. If it regulates Facebook, it’s not regulating the algorithm of timelines – it’s only regulating if Facebook is acting like a broadcaster of scripted content, or when they livestream baseball games (which they have done). The reason why YouTube as a platform, for example, is being targeted is because it is the largest music streaming platform in the world, and this is why they want to bring it into the ambit of CanCon regulations, governing both discoverability (so that the algorithm shows more Canadian artists in suggested playlists), and contributing financially to the system that helps provide grants and royalties for Canadian artists. People keep mentioning Instagram and TikTok, but they’re not really broadcasting platforms.

So how does the CRTC determine what counts as CanCon? Well, they have a formula that assigns points to it, and 6/10 or 8/10 points gets particular CanCon status. These are all determined by regulations under the Broadcasting Act. Remember that legislation is the framework and policy direction – the nitty-gritty rules get determined by regulation, and it follows a process of development that involves stakeholder engagement and consultation, and is done at the bureaucratic level. It’s not Cabinet pulling rules out of their asses, nor should it be. You don’t want Cabinet to be putting its thumb on the scale, which is why there is an arm’s length regulatory body, being the CRTC. And it’s not just the cabal of commissioners who are making these regulations either, in spite of what certain people are claiming.

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This brings me to my next point – the very notion that the CRTC is going to police the whole of social media is completely crackers on the face of it. They barely have enough resources to do their existing job (and if you listen to some of the reasoning around this week’s telecom decision, they seem to think they can’t handle doing the work of wholesale internet prices). If you think they’re going to somehow hire an army of bureaucrats to police your tweets, you should be certifiable.

Now, this isn’t to say that C-10 is without problems, because they are there. For one, the Broadcasting Act may be the wrong vehicle for this, as it was about regulating the limited bandwidth for TV and radio. It will be on platforms to adjust their algorithms to make CanCon more discoverable, which is going to be the high-level work, but there are particular concerns around meeting the objectives under the Act, which involve things like “safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada,” and whether these platforms will moderate content to try and fit those objectives, and that moderation will likely involve the use of AI, which is where we have particular concerns. And those are legitimate concerns, but they have nothing to do with the Orwellian picture being painted of moderated tweets, and newsfeeds being monkeyed with, or “takedown notices.” The level of complete hysteria around this bill, rooted in a complete ignorance of how regulatory bodies work – and a great deal of partisan disinformation – is making the debate around this bill utterly loony (at least in English Canada). Yes, it’s complicated, but don’t fall for easy narratives.

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Roundup: Getting called out by your deputy minister

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This government’s problems with cleaning up the culture of sexual misconduct in the military continues to roll along, and the calls are definitely coming from inside the house. In the latest installment, the deputy minister of National Defence has taken to the radio waves to point out that the government didn’t make an effort to push the military on implementing the Deschamps Report, who wound up treating it like a kind of checklist that they could do the bare minimum with rather than actually implementing the systemic changes that it called for. This shouldn’t be a surprise, given everything we know, but the fact that the deputy minister is saying this is damning.

We also got another harrowing tale of harassment, and retribution when the civilian employee who was subjected to it complained. This isn’t a surprise given the culture, and as the piece points out, one of the reasons she was targeted is because she upset the status quo – which is part of why the military made a conscious effort not to really implement the Deschamps Report, because it called for systemic changes, and that is a definite upset of the status quo. That the government didn’t really recognize this or push back against it is an indictment.

Which brings me back to the key point – that the government, and in particular the minister, needs to wear this. The deputy minister called him out. That’s not good. And part of the problem is also that Sajjan was part of that culture, which is may explain why he was either blind to the problems, or was fine with not actually bothered that they weren’t upsetting the status quo. It’s one of the reasons why actual civilian control of the military is so important, and we haven’t had that under Sajjan. Regardless, this is his problem to wear, and he needs to take actual ministerial responsibility, and offer his resignation. There is no other option.

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QP: Inventing an “Internet Czar” out of whole cloth

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For Wednesday, proto-PMQ day, Justin Trudeau was present, as was the usual Liberal placeholder, Mark Gerretsen. Erin O’Toole led off, script on mini-lectern, and he led off by accusing the government of moving the goalposts on vaccines, blamed him for not getting any last winter (when no one else in the world did), and Trudeau reminded him that they had stated the goals of three million doses by the end of March and they got well more than anticipated. O’Toole raised the CanSino conspiracy theory and accused Trudeau of wanting lockdowns until Thanksgiving, and Trudeau stated that by accelerating first doses means people can do more with one another in the summer, in advance of getting their second doses in the fall. O’Toole then accused the government of “stealing doses from COVAX” and of being late by trying to partner with CanSino, and Trudeau reminded him they have seven signed contracts and none were with a Chinese firm. O’Toole declared that we were in a third wave because of the CanSino non-deal, and Trudeau called out the misinformation and disinformation coming from the opposition. O’Toole then switched to French to repeat his first question, and got the same answer about first doses meaning a better summer.

Yves-François Blanchet led off for the Bloc, and he accused the government of wanting an election and invited all leaders to have a private meeting to come to a consensus, but Trudeau denied wanting an election while they were delivering for Canadians, and the Bloc are the ones who want an election by voting against a confidence motion. Blanchet repeated his invitation for a meeting to come to a consensus — which seems to be the opposite of an open legislative process — and Trudeau reminded him that all parties can reflect on the bill at committee, and repeated that he didn’t want an election.

Jagmeet Singh rose for the NDP, and in English, demanded “concrete action” on long-term care, for which Trudeau reminded him that there were $3 billion in the budget, and the government has been investing to create standards and to make permanent changes, but they need to work with provinces. Singh demanded more of the same, and Trudeau declared that the situation is deplorable, but they have stepped up as a federal government to assist the provinces, whose jurisdiction this is.

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QP: Vance and the old boys’ club

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Wednesday, proto-PMQ day, and we actually saw three Liberals in the Chamber for a change — the prime minister, Catherine McKenna, and Mark Gerretsen, because of course he was there. Erin O’Toole led off, script on his mini-lectern, and in French, gave his insistence that he didn’t believe that Trudeau wasn’t aware of the allegations against General Jonathan Vance. Justin Trudeau first gave the statement that any sexual misconduct was unacceptable and that they have new investments in the budget to combat misconduct, and that more announcements were coming soon. O’Toole switched to English to raise what happened when Trudeau booted two MPs from caucus over sexual harassment allegations before lamenting that a woman in uniform who came forward got no help. Trudeau repeated the list of actions they have taken and are planning to take. O’Toole then returned to the incredulity that Trudeau couldn’t have know about the nature of the allegations, for which Trudeau reminded him that they followed the same process that O’Toole followed in 2015 when he first heard rumours of allegations against Vance. O’Toole insisted that wasn’t true, and insinuated that the Liberals were too busy dealing with misconduct in their own ranks, and Trudeau noted that what was being lobbed at him proved that his party took things seriously. O’Toole then insisted that if everyone knew but the prime minister, then he needed to fire his chief of staff, and Trudeau gave one more impassioned cry that his party takes this seriously.

Yves-François Blanchet rose for the Bloc, and raised the strike at the Port of Montreal, and wondered if text in the back-to-work legislation had to do with unilateral scheduling issues, for which Trudeau recited that they believe in negation but exhausted all of their options. Blanchet noted that he didn’t answer the question, and repeated it, asking for a yes or no answer, but Trudeau read a timeline of negations instead.

Jagmeet Singh rose for the NDP, and in English, raised the National Day of Mourning, demanding better paid sick leave, and Trudeau read that employer leave is the most effective mechanism, and that they instituted it for federally-regulated workplaces but the NDP voted against it. Singh insisted that the federal sickness benefit simply needed to be improved, and Trudeau noted that the NDP are “completely befuddled” by provincial jurisdiction.

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Roundup: The curious case of Will Amos

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It was the end of Question Period when Bloc MP Claude DeBellefeuille raised a point of order, asking the Speaker to remind MPs that there is a dress code, citing that she had seen a male MP in a state of undress – which came across through the interpretation as “shirtless,” but as it turns out was much more – and she managed to do this without naming who it was, or offering too much description other than he apparently has a very good physique, and all with a straight face. The Speaker thanked her for the intervention and gave his usual gentle chiding. Because said MP’s mic was not activated, no one public-facing saw who it was, especially not in the Chamber. MPs who are on Zoom, however, have a different view than the rest of us get, and they could see it.

Not long after, someone leaked a minimally censored screenshot to Brian Lilley, who put it out over Twitter, and in short order it was determined that this was Liberal MP Will Amos, and he was more than shirtless. Amos made an apology, citing that he had just come from “jogging,” and didn’t realize his camera was on – but I know this has raised more questions because MPs need special log-ins and passwords in order to even log into their special Zoom, so why he would have done so before he had changed is…dubious. (It has also been questioned why he would have gone jogging mid-day when there are no showers in his Precinct office building). In any case, Amos has learned a very valuable lesson.

A bigger issue here, however, is the screenshot itself. MPs aren’t allowed to take photos in the Chamber, and it has been determined that screenshots of their Zoom screens follow under the same rules. It would have almost certainly been an MP who took the screenshot in order to leak to Lilley, which is a violation of House rules, and arguably, Amos’ privileges. It’s also likely that it was a Conservative MP who leaked said photo, given that they leaked it to Lilley. (There are additional issues around the non-consensual sharing of such images, and whether they would have been so quick to do so if it was a woman). I suspect that if Amos were to pursue the matter as a breach of his privileges, this could turn into a Thing that the Procedure and House Affairs Committee will likely have to deal with. It should also be yet another wake-up call for MPs about their collective behaviour over the course of this whole Hybrid Parliament, and why they are letting their standards slide. It probably wouldn’t hurt for the Speaker to actually lay down the law for a change rather than the constant gentle chidings that do absolutely nothing to change behaviour, but here we are.

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QP: Blaming the lockdowns on vaccines

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With Ontario back under a “stay-at-home order,” the numbers in the Chamber are again back to bare-bones, with the Liberals once again resorting to only keeping Mark Gerretsen in the Chamber and no one else, with only two NDP MPs present, and four Bloc MPs. Additionally, those Bloc MPs stayed out of the Chamber until after the moment of silence for the death of Prince Philip was over, because they really are that petty about our constitutional monarchy. Candice Bergen off for the Conservatives via video, and she recited the party’s bullshit assertion that the lack of vaccines was responsible for the current round of “lockdowns,” which serious people know was never the way out of the second or third waves. Anita Anand replied by pointing out that Canada surpassed their targets for receiving vaccines by over 3.9 million doses. Bergen then lied and claimed that the Americans issued a travel advisory to Canada last week — that advice had been in place for months and is the same as every other country — for which Patty Hajdu reminded everyone that now is not the time to travel. Bergen complained more about “lockdowns,” to which Hajdu reminded her that even with vaccinations underway that people still need to adhere to public health measures, and that the federal government doesn’t determine local advice. Gérard Deltell then took over in French to proffer the ridiculous complaint that the Americans have fully vaccinated ten times more people than Canada has, and insisted the federal government failed. Anand repeated her response about vaccines delivered, and when Deltell condescended to her about the quality of her French before complaining she didn’t answer the question, Anand repeated that vaccines were ahead of target.

For the Bloc, Alain Therrien complained that the government was practicing “predatory federalism” by attaching strings to future transfers in the budget, which Sean Fraser refuted with listing increased transfers to the provinces. Therrien was not convinced, but Pablo Rodriguez discounted his concerns as rumours, as they were working well with the provinces.

Jagmeet Singh led the NDP, and in French, he complained that the third wave was getting worse, and that the federal government needed to improve paid sick leave — which is provincial jurisdiction in 94 percent of workplaces. Rodriguez again responded by reminding him of federal supports and working with the provinces. In English, Singh declared that Ontario is “on fire” and made a pitch for Green Lantern Theory, including so-called federal support for vaccinations, to which Hajdu reminded him that the field hospitals set up in provinces that need it are from the federal government.

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Roundup: A lack of will is not an emergency

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With the spread of variants on the rise, and certain provinces still insistent on relaxing public health restrictions, we’re going to get another round of reporters demanding that the federal government invoke the Emergencies Act to force provinces to maintain lockdowns – which they can’t actually do. No, seriously – they can’t do it.

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I cannot stress this enough – the federal government cannot just invoke the Act on a whim. It needs to meet the threshold – which I am hard-pressed to see how this situation does – and it needs provincial consent, and if it doesn’t it is essentially declaring war on the provinces, and is going to poison the well of federalism. And even more to the point, keeping the focus on the federal government continues to give premiers who aren’t doing their jobs a free pass when we should be holding them to account for their failures.

Speaking of which, the math on these variants is scary, and premiers need to so something about it rather than feigning helplessness, which is what they’re oh so good at. They have the power to do something about it, rather than shrugging and blaming the federal government for not making vaccines appear out of thin air. But that’s what they’re doing, and that’s what the vast majority of the media are letting them get away with. We shouldn’t let them.

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QP: Demanding new national plans

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With the stay-at-home order lifted in Ontario, we had a whole five Liberals in the Chamber, including Justin Trudeau, for what that’s worth, Erin O’Toole led off, worried that the government had no plan for the economic recovery, to which Trudeau replied that the best economic recovery plan is a healthy population, which they were doing everything to support. O’Toole then raised the Canadian Chamber of Commerce’s new economic recovery task force, demanding a national strategy for rapid testing — never mind that this is a provincial responsibility. Trudeau reminded him that they delivered some 19 million rapid tests to provinces, and that O’Toole himself was opposed to a national strategy on long-term care, so he wasn’t exactly being consistent. O’Toole then pivoted to vaccinations, complaining Canada was lagging, to which Trudeau reminded him of the hundreds of thousands of doses arriving this week and every week, and that we were well on track to six million doses by the end of March. O’Toole repeated the question in French, got the same answer, and then demanded a plan for three hundred thousand doses delivered per day, to which Trudeau gave his rote assurances on the portfolio and everyone being vaccinated by September.

For the Bloc, Yves-François Blanchet raised a Quebec scientist who developed a potential vaccine but did not get federal funding, calling it a slight against Quebec, to which Trudeau reminded him that they took the recommendations of science. Blanchet then demanded the full contracts were published, and Trudeau chided him, saying that he knows full well that there are confidentiality agreements, and they were transparent with the contracts, and the delivery dates.

Jagmeet Singh then rose for the NDP, and in French, he demanded leadership on vaccinations, and that all resources would be deployed into it, to which Trudeau assured him that it was what they were already doing. Singh switched to English to demand that the prime minister stop “hiding behind jurisdictional issues” and demanded funding for federal vaccinations sites. Trudeau chided Singh and the NDP for not understanding the constitution.

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Roundup: Domestic vaccine production…eventually

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There was a sliver of positive news yesterday, when it was announced that the federal government had signed a deal with Novavax to produce their vaccine in the future National Research Council facility in Montreal. The catch? That facility won’t be completed construction until summer, and then it will require Health Canada approval, so it may not be able to produce new doses until the end of the year – at which point, most Canadians should already be vaccinated using the Pfizer and Moderna doses we’ve contracted for. That doesn’t mean this facility still won’t be for naught – it’s possible we will need booster shots for the other vaccines, possibly do deal with different variants (and Novavax has shown success with the B.1.1.7 variant first spotted in the UK), and it also means that we will be able to produce for export to other countries who will need it.

Of course, this started back in on the same questions about why we weren’t able to produce vaccines domestically earlier, and why this plant is taking so long. Of course, this plant is actually moving faster than is usual – Good Manufacturing Practices facilities to produce vaccines usually take two or three years to build, not a single year, and there are several other facilities under construction across the country for other vaccine candidates. As for the same questions about why we didn’t contract to produce other vaccines here, it was because there were no suitable facilities – particularly from the approved ones. (This NRC facility was in talks to produce the AstraZeneca vaccine, but there is also talk about why the PnuVax facility in Montreal has not yet been tapped – but it may yet be for a future candidate once approved). And for the Pfizer and Moderna vaccines, we simply didn’t have facilities in this country that could produce mRNA vaccines to scale (most existing mRNA production was on a single-dose system for tailored vaccines used for treating particular cancers). And these are things we a) can’t build overnight, and b) didn’t know were even viable because it’s a new technology that had not yet been approved for a vaccine, especially on the scale of the one we’re dealing with now. It would have been a hell of a gamble to build a facility to GMP standards for a vaccine technology that may not have panned out.

Why I’m particularly annoyed about the return of these questions – particularly from the likes of Jagmeet Singh as he appeared on platforms like Power & Politics – is that they pretend that any vaccine facility can produce any vaccine, ignoring that not all vaccines are created equally, or that the technology to produce vaccines isn’t different across platforms. Singh’s notion that a nationalised vaccine producer should have been able to handle this is also farcical because again, what platform would it have bet on? All of them? It’s ridiculous and dishonest – as have been the demands to make the vaccine procurement contracts public (which no other country has done), because all that would do is allow other countries to look at what we paid, and then offer the companies more money to break the contracts with us. (And FFS, both Singh and Erin O’Toole are lawyers and should know this). The kinds of point-scoring that is taking place right now is getting to be beyond the pale, and it’s obscuring the actual kinds of accountability we should be practicing.

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Roundup: Ford playing up the pandemic theatre

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The state of pandemic theatre in Ontario continues to ramp up as Doug Ford’s current campaign about railing about a) vaccine doses, and b) international travellers reaches a fever pitch. Ford is currently making a big dog and pony show about invoking a section of the province’s Health Protection and Promotion Act to mandate testing for air travellers when they arrive because the federal government has not yet done so (they have made the rule that people must get tested before they get on the plane), but what is telling is that Ontario still has done precious little about increasing lab capacity, and we are still lagging far behind on the kind of genomic testing that would help us identify which strains of the virus are being contracted. Additionally, the number of cases traced to international travel has been around one percent, while other case growth remains exponential, which is more proof that this is about theatre, not deal with the real problems.

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In the meantime, Ford government and their allies in certain media outlets have begun waging a campaign against doctors who are critical about the government’s lack of response, particularly about the carnage in long-term care facilities. One doctor has had his contract terminated from his position because of his criticism, and the Toronto Suntargeted another doctor that Ford later expressed “concerns” about (completely disingenuously) – though it’s worth noting that Chrystia Freeland has come to this doctor’s defence. It has been noted that this is not the first time that Ford and his people have used these particular tactics against their critics, but the fact that they are doing this to the very doctors and health experts who are trying to chart a course out of this pandemic is galling and rather telling about how this government is more concerned about their egos than they are in doing the right thing to protect the lives of people in this province.

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