Tag Archives: First Nations

Roundup: A notice of appeal before a pause

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It’s not wholly unexpected that the federal government filed the notice of appeal on the Federal Court decision around the Canadian Human Rights Tribunal order around First Nations children. No sooner did all of the television news rush to get Cindy Blackstock on camera when another notice went out by the government – that they had reached an agreement to pause said litigation while they sit down with stakeholders in this court case, as well as with two other related class-action lawsuits, and hammer out a deal by December 1st.

There are a few thought around this. The first is that this should have been expected because the real crux of the issue if the Tribunal’s order rather than the compensation itself. The government has committed to spending the money – and there are billions of dollars at stake – but any tribunal that exceeds its statutory authority is something that any government, no matter the stripe, will want to challenge because they don’t want to set a precedent where the Tribunal continues to exceed its authority, and in this case, turns itself into some kind of roving commission of inquiry. (I wrote all about this issue previously here). The notice of appeal spells this out pretty clearly, and while one judge at the Federal Court may have disagreed, he’s certainly not the court of last instance (and frankly, I would rather hear from some of the judges on the Federal Court of Appeal when it comes to matters of administrative law – as with this Tribunal – than I would this particular judge). And while a number of self-righteous reporters demanded to know why the government couldn’t just pay the amount and sort out the issues later, I’m pretty sure that litigation doesn’t work that way.

My other thought is that it looks a lot like the notice of appeal was more out of a need for the government to keep their options open as the negotiations continue, particularly given that it was filed as late as it was, followed immediately by the press conference to explain what was taking place. Frankly I don’t buy the “they filed it at 4:30 on a Friday to bury it” because it wasn’t exactly buried when it dominated the politics shows and is the top story on every news site in the country. That’s not burying something, especially when they have a captive audience. This being said, I’m still don’t think that this government has communicated the issues very effectively (particularly the issue around the Tribunal exceeding its authority), and that’s compounded by the fact that the media writ-large has shown itself to be fairly incapable of writing a legal story with any nuance or complexity, and rely on both-sidesing it with a clear bias toward taking Blackstock’s word as the authority, and by conflating a number of different issues and completely blurring the timeline of the different orders from the Tribunal. This isn’t a black-and-white issue of taking kids to court – but you wouldn’t know it if you only paid attention to what gets reported.

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Roundup: Clear and concise, to counteract Poilievre

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Earlier this week, to accompany the release of their Monetary Policy Report, the Bank of Canada released a sixty-second clip over social media to explain their assessment of the state of the Canadian economy in plain language. And it was great.

This kind of communication is essential, especially now, for the Bank because of the level of noise and misinformation that is being promulgated, particularly by certain members of Parliament who have made it their mission to politicise the work of the Bank, as they spout facile talking points about the current state of inflation that have zero bearing on the actual causes. And if it’s not Pierre Poilievre, my reply column is full of chuckleheads who think they know better, and inflation truthers (which are the gods damned worst). So yes, this kind of clear, simple-to-digest communication is especially needed by the Bank, much like the Cases in Brief have become an essential form of communication from the Supreme Court of Canada. This is a great initiative from the Bank, and hopefully we’ll see more like it in the future.

On a related note, former Bank of Canada governor David Dodge says that the current governor is on the right track with the economic recovery and where inflation is going, so if you needed an additional vote of confidence that they know what they’re doing, there you have it.

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Roundup: O’Toole continues to sit on the vaccine fence with caucus

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Erin O’Toole continues to try and have his cake and eat it too when it comes to ensuring his MPs and senators are fully vaccinated in order to attend Parliamentary sittings. But in his desire to sit on the fence and play both sides, he may have inadvertently shown his hand. After the party’s big caucus meeting in Ottawa yesterday, O’Toole announced that caucus “agreed to respect and abide new rules which require Parliamentarians attending in the House of Commons and Senate to be vaccinated.” But he still planned to raise the point of privilege about the Board of Internal Economy decision, because of course.

But.

It seems that he tripped himself up in French, and spelled out that the plan was for those who “participate in person,” which is a pretty big loophole for the holdouts in the caucus. And yet, O’Toole and his caucus continue to oppose hybrid sittings (as well they should), so anyone who doesn’t show up shouldn’t be allowed to participate virtually either – unless this is yet another case of having his cake and eating it too. “They can’t show up, but they have the option of hybrid, so I guess we’ll allow them to participate that way!” with a show of feigned helplessness to the situation. And we still don’t know how many MPs or senators this affects (though the Senate has not yet issued its own vaccine mandate yet), so it could be three or four, or it could be twelve or fifteen, especially as there appear to be vaccinated MPs who refuse to disclose the fact because they don’t want to appear to their anti-vax constituents like they sold out. So this is where O’Toole finds himself. It’s still a losing battle because any privilege complaint will be voted down by everyone else in the Chamber, even if they try to drag it out until the New Year. And all the while, O’Toole continues to look like he’s pandering to the party’s worst elements rather than standing up to them and demonstrating actual leadership.

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Roundup: Rejections without significance

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Because it’s a story that refuses to die, we now know that both the Bloc and the NDP have rejected the four main votes in the (garbage) Reform Act, and now we await the Liberals, who will in turn doubtlessly reject it as well whenever they finally have their first official caucus meeting, and of course, we have political scientists trying to derive meaning from these refusals, as they have tried with the Conservatives agreeing to the four votes.

The simple truth, however, are that these votes really don’t matter because the legislation is garbage. The power to elect caucus chairs doesn’t require its adoption, as we’ve seen, and the power over the expulsion of caucus members is largely illusory anyway because it tends to depend on what the leader says either way. I would be hugely surprised if the caucus and the leader ever parted ways on whether or not to boot someone out of the club, as that would create a schism and be a sign that the leader was on the way out. As well, the power of the caucus to pressure a leader to resign is actually better off without the Reform Act because what the Act winds up doing is protecting the leader by setting a high threshold and requiring a public declaration to trigger a vote, which can invite retribution. It has been far more effective to push a leader out with one or two public declarations by brave members that signal the writing on the wall rather than demanding a twenty percent threshold.

In the Hill Times piece, the Act’s author, Michael Chong, pats himself on the back for codifying these sorts of caucus decisions, but codifying them is part of the problem. Our Westminster system tends to work best under conventions that aren’t codified because it affords them flexibility and the ability to adapt, whereas codification is inflexible, leads to testing of the system and the pursuit of loopholes and getting around what has been codified. It’s the same with setting that threshold to push out a leader – it winds up insulating the leader more than empowering the caucus, and we’ve seen leaders resign with far less pressure than what this codified system affords, not to mention that by Chong codifying that party leaders must be selected by membership vote in the actual Parliament of Canada Act as a result of this garbage legislation, he has made it even harder for parties to return to the proper system of caucus selection and removal of leaders as we need to return to. Chong has screwed Parliament for a generation, and it would be great if the talking heads would stop encouraging him.

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Roundup: The $3.5 million witch hunt finds no witches

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In Alberta, the Committee on Un-Albertan Activities – err, Allan Inquiry – released its final report, a year late and millions of dollars over-budget, and it concluded that there was no illegality or nefarious activity with regard to environmental groups who may have received some funding from international donors when it comes to opposing the oil sands and other oil and gas activities. Dollars that went toward campaigns against the energy sector were fairly minor, and had little-to-no impact on projects not moving forward (because market forces did the job just fine, thank you very much). In other words, the province spent $3.5 million on this joke of an inquiry, and tried to claim it was money well spent, because the government is nothing more than a total clown show.

And then there were the lies – the minister insisted that the inquiry was never about finding illegality (untrue – there are receipts), and Jason Kenney outright lying about what the numbers in the report stated, because he needs to try and spin it in the worst possible light to both justify the exercise, and to continue trying to point the populists he stoked in a direction other than his.

https://twitter.com/charlesrusnell/status/1451353269708603397

https://twitter.com/charlesrusnell/status/1451353273781293094

Meanwhile, prime minister Justin Trudeau is pouring cold water on Kenney’s referendum rhetoric, reminding him that a provincial referendum is not an amending formula for the constitution – seven provinces representing fifty percent of the population is. More to the point, Kenney sat around the Cabinet table when the current equalisation formula was last amended, so he can’t claim it’s unfair as he’s the one who helped put it into place. Because seriously – claiming it’s unfair because Albertans pay the same federal taxes as everyone else is just political bullshit masquerading as a grievance, even though it’s a grievance that has largely been created for the sole purpose of driving populist anger.

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Roundup: The admiral needs to take the hint

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Things are looking pretty dire for Admiral Art McDonald, the former-ish Chief of Defence Staff, whose little tantrum last week in writing a letter to the general and flag officers to demand his job back (not that they could do anything about it) is looking more and more impolitic. Why? Because the military police are now pushing back to say that he wasn’t “exonerated” as McDonald claimed in his letter, but rather that there was insufficient evidence to lay charges, which is not the same thing as the allegation being unfounded. And McDonald’s accuser is speaking out publicly and pointing to witnesses to the incident, which the military won’t say whether they were interviewed or not as part of their investigation. Nevertheless, the incident makes it even clearer that McDonald doesn’t understand civilian control and doesn’t have the character and temperament necessary to guide the Forces through this particular period of culture change, and it’s better for him – and everyone else – that he get the hint and retire before consequences follow from that letter.

Meanwhile, it seems that the former commandant of the Canadian Forces School of Military Intelligence is serving as a staff officer in Ottawa after being relieved of his command following an investigation into allegations of inappropriate conduct, which signals that there aren’t consequences if people simply get moved around.

Interested observers are wondering what is taking the government so long to take more action on what is going on with the senior ranks in the military, or to formally make General Wayne Eyre the permanent Chief of Defence Staff, formally taking McDonald’s reinstatement off the table (though he should have taken the hint when Eyre got promoted to full general). There is speculation that they are waiting for the Cabinet shuffle, but one would think that they’d want to make changes now, so that a fresh minister won’t have to come in and do the cleaning out on his or her first day rather than letting Sajjan do it now, and let his successor come in fresh. But that might require this minister and this government to have a modicum of self-awareness, and which would be your answer as to why they haven’t.

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Roundup: No formal deal to be had

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While we’re still a month away from Parliament being summoned and the first major confidence vote – likely on the Address in Reply to the Speech from the Throne – there is going to be no end of talk of some kind of formal governing arrangement between the Liberals and either the Bloc or the NDP. Because that’s what always happens, and we’re predictable like that, but really, there isn’t going to be any arrangement, because nobody actually wants one.

As David Reevely has pointed out, the idea of any kind of supply or confidence agreement with the Bloc is political poison, and won’t happen. Period. And any kind of agreement with the NDP is not saleable politically on either side. And oh, you might say – didn’t they rely on the NDP last year during the pandemic? Well, not really. For the early months, they came to all-party agreements on emergency legislation in the backrooms, and all of it was done behind closed doors and we got next to no debate in the House of Commons over it – just a few speeches about the pandemic, and some back-patting about working together, but nobody was actually going to bring down the government over it. Later on, the NDP and the Bloc joined with the Conservatives in their procedural warfare that largely paralysed legislation for the better part of five months, because they love to embarrass the government, no matter the stripe, and it wasn’t until May when both the Bloc and NDP realized they had bills they wanted to get passed (C-10 for the Bloc, the UNDRIP, the conversion therapy ban, and the National Day of Truth and Reconciliation bills for the NDP) and they finally started to play ball. As for the confidence votes in the interim, the NDP pretended like they were forcing the government’s hand into extending benefits that were going to be extended regardless – this is not a government that is averse to spending money when need be – and they patted themselves on the back for doing such a good job of taking credit for work that happening anyway.

The other fact is that the seat math just isn’t there for a need for a formal agreement of any kind. It’s not marginal enough – as in BC and New Brunswick during their respective hung legislatures, where they had a mere seat or two leeway with the support of the minority partner – whereas that’s not the case here. And as much as everyone is going to handwave about “Canadians want a Parliament that works,” the truth is nobody is in the position to go to an election for at least another 18 months, if not longer. And yes, the Bloc and the NDP will huff and puff and performatively make demands, but in the end, the government will carry on with period bouts of empty drama that the press gallery will dutifully type up as though it did carry much weight, and things will carry on, without need for a formal arrangement once again.

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Roundup: A delayed return

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We have a date – well, two of them. Justin Trudeau announced yesterday morning that Cabinet would be shuffled on October 26th, and that the House of Commons would return on November 22nd, which is ridiculous. After an election where Trudeau kept punctuating the “urgency” of a number of files, some of them COVID-related, and with a list of priorities to take care of in his first 100 days of the new parliament (apparently that clock doesn’t start ticking until Cabinet is sworn in), the decision to delay the return of Parliament for two months after the election is egregious – especially because this is a hung parliament where the confidence of the Chamber should be tested at its earliest opportunity, and two months later is not that.

I am generally pretty forgiving of the fact that it can take our government longer to get its act together post-election – as compared to the UK, where they have nearly twice as many MPs – but they can get a new government sworn in and a new Parliament started within three weeks of an election. But it should not have taken Trudeau this long to deal with this shuffle as it has, even if one or two Cabinet contenders had to deal with recounts. And yes, the government dispatched the Governor General on her first state visit abroad this week, but that again was his choice, and he could have either delayed that trip, or announced the Cabinet before she left the country.

More to the point, this reduces the fall sitting of the House of Commons to a maximum of four weeks, but you can bet that in practice, it’ll be less than three. Committees won’t really get up and running, and sure, he may introduce a number of priority bills, but they will see precious little debate in that time. What we will get are the Address in Reply to the Speech From the Throne, and probably the Fall Economic Update, plus a number of Estimates votes, which will be rushed through without any actual scrutiny (they may get some modicum of scrutiny on the Senate side), but I’m not sure we’ll even see the Budget Implementation Bill for said economic update making it past second reading unless it is bullied through at all stages under the threat that emergency rent and wage subsidies will expire without passage. It’s undermining democratic norms for the sake of expediency, and that is the last thing we want to be encouraging any government in engaging in, regardless of stripe.

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Roundup: Not pushing back on referendum disinfo

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Because this is occasionally a media criticism blog, I’m going to call out Power & Politics once again for completely dropping the ball, this time on the bullshit “referendum” happing in Alberta. They hosted Bill Bewick, who heads a group in favour of the referendum, and gave him a pretty uncritical interview, with only the barest hints of pushback. Because both-sidesing.

Host David Common pushed back on a mere couple of points – that the referendum won’t actually do anything because it doesn’t obligate the federal government to negotiate anything; and the fact that without equalisation, PEI would need a 30 percent HST to make up the same funding. He even went so far as to egg on Bewick about how much equalisation Ontario pays, as if it was relevant, because no province actually pays equalisation, which is a pretty big thing that Bewick and his bullshit ever got called on. Equalisation is simply federal taxes that come off everyone’s paycheque – that a fraction of those funds get redistributed to some provinces who need help in offering comparable levels of service when they don’t have adequate fiscal capacity. And the key thing to remember is that Alberta may pay more federal taxes because they have the highest salaries in the country – by far – even during the pandemic. Crying that the province has a deficit has nothing to do with equalisation and everything to do with the fact that the provincial government refuses to raise their own revenues by means of a modest sales tax like other provinces have, and the fact that they chose to rely on resource revenues instead. Their deficit is a choice.

I am forced to wonder whether Bewick didn’t get any pushback because the host and/or the producers simply don’t have a clue about the truth, or because they feel bound by the need to both-sides everything and plan to have someone credible on to refute the points in a separate interview later today – because heaven forbid that the host actually push back lest he or she be called out as being biased or partisan. But calling bullshit and pointing out fact shouldn’t be considered bias or partisanship – it should be simple fact-checking, which they can’t seem to be arsed to do at the best of times, let alone in a referendum that is fuelled by misinformation and disinformation coming from official sources trying to make a political wedge out of this. In a case like this, it’s especially incumbent upon the media to play their role in pushing back against a government that is lying to its citizens, but this timidity to do so is a very real problem for our media.

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Roundup: Singh has a list of demands

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In the wake of his party’s post-election first caucus meeting, NDP leader Jagmeet Singh held a press conference yesterday to do a bit of chest-thumping and pretend that he holds some kind of balance of power in the forthcoming parliament, or that he can play kingmaker. If anything, he undermined his own position with his list of demands, because he doesn’t have any real leverage. His party is substantially weakened after the election, particularly given that they spent all kinds of money and gained a single seat out of it, and they are likely in debt once again and in no shape to go to another campaign anytime soon – especially if they want to figure out what they did wrong and have time to course-correct.

As for his list of demands, we are back to a lot of the usual nonsense where Singh doesn’t seem to grasp implementation – or jurisdiction. To wit:

  • Paid sick leave – that is being expanded to ten days for federally-regulated workers, but that’s only six percent of the workforce. The rest is provincial.
  • Halting clawbacks from GIS for seniors who accessed CERB – the GIS is means-tested and meant for the poorest of seniors, so it’s not surprising that CERB or other benefits could impact the means test.
  • Clean drinking water in Indigenous communities – this is in progress. Willpower won’t make it go faster.
  • A federal vaccine document for internal travel – this cannot happen unless provinces sign on, and until a couple of weeks ago, there were provinces still hostile to the very notion. The federal government cannot unilaterally create such a document because the provinces control vaccination data.
  • Dropping the appeal of the Human Rights Tribunal decision in the First Nations Child and Family Services case – this may yet happen given how completely the Federal Court decision against them last week was, but there were legitimate issues being litigated regardless that compensation is already being negotiated, irrespective of a further appeal.
  • Demanding higher health transfers – the federal government fully plans to negotiate those, but it won’t be without strings, especially as certain provinces sat on the pandemic-related transfers and put them towards their bottom lines rather than spending them on the pandemic.

As for Singh’s threat to “withhold votes” if he doesn’t get his way, it’s a bit curious what he means. Does he mean he would vote against bills including the budget implementation bill for the fall economic update, which would have plenty of additional pandemic supports or items he supports? Or does he mean he’d simply not vote, which would mean the Liberals wouldn’t need to get Bloc support to pass their measures (which they would likely get as the Bloc also are in no position to go to another election). Because if it’s the latter, then he’s basically made himself irrelevant for the foreseeable future.

Programming note: I am taking the full long weekend off from blogging. See you next week!

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