Roundup: Exit McKenna

It’s now official – Catherine McKenna is bowing out of federal politics, citing that she wants to spend more time with her kids while she can (the oldest is off to university next year), but insisting that she still wants to do her part to fight climate change in other arenas. This was immediately met with questions about whether this is a signal that it can’t get done in government, which she flat-out denied, but we should remember that the federal government is limited in what it can do, because it only has so many policy levers at its disposal (which we should all realise after living through those limitations in this pandemic).

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McKenna, who also stated flat-out that she’s not going to run for mayor, dismissed the attacks against her as “noise,” and that they weren’t successful because she did the work of getting the carbon price in place, and made more tangible progress on the environment file than we’ve had since the Mulroney era. But we can’t forget that the abuse was real, it was horrific, and she needed police protection because the threats were so bad. This should be one of those moments of reflection about where we are as a society that these kinds of misogynistic are able to keep happening with little to no recourse for the victims, and few consequences if any for the perpetrators. McKenna did note that she does still want to work with social media companies to address this, but we’ll see if anything actually happens.

https://twitter.com/cathmckenna/status/1409522139380785157

Of course, this has entirely been overshadowed by the spectre of Mark Carney entering the political arena, which he categorically should not, because even if he’s been out of the Bank of Canada for seven or eight years, it still has the possibility to taint the institution by association, and him declaring himself to be sympathetic to the Liberal cause is not helping either – especially given that Pierre Poilievre is currently attacking the institutional independence of the Bank by positing that they are somehow in cahoots with the government, and that they are simply “printing money” to finance the government’s deficits which will drive up inflation – entirely ridiculous notions given that quantitative easing is not actually “printing money” and that their whole mandate is to control inflation at around two percent, which they have been very good at. Nevertheless, people are believing Poilievre’s bullshit (especially as other media won’t actually call it out as such), and this will only get worse if Carney actually enters the political arena. And because the media and the pundit class have decided that they like this narrative of Carney being some kind of heir apparent and saviour, they are trying to make it happen, damn the consequences. It’s not a good look, and yet here we are.

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Roundup: An end to hybrid sittings?

Now that the Commons has risen for the summer, the parties are starting to evaluate the hell that is hybrid sittings, and lo, they are largely in favour of returning to regular, in-person sittings once again. Praise the gods on Olympus! They recognise that it’s harder to hold government to account when you can’t see the minister in front of you, and that you can’t build comradery with your fellow MPs, and that there is a sense of futility debating video screens. (And in an interview a week ago, outgoing MP Wayne Easter also noted that it’s harder for MPs within a caucus to form groups to push back against the leadership if they can’t be in the room together).

I’m going to temper that praise a little bit, because they’re already talking about exceptions, whether it’s for MPs with illnesses, or those with small children, and this is where it starts. When they return in the fall, or in the next parliament, whichever comes first, you can bet that the Liberals in particular are going to keep pushing for a number of exceptions so that the hybrid format never really goes away, and therein lies the danger – that the longer it’s able to carry on, future cohorts become more used to these sittings than the ones who are used to in-person sittings, the easier it will be for future populists to start abusing the system to stay out of Ottawa as a point of pride. It won’t happen overnight, but once you open the door a little bit, it will get used and abused.

There was one area where I could be persuaded, which was around committee meetings during weeks when the Chamber isn’t sitting – particularly emergency meetings. Often times, those involve flying into Ottawa for a single hour-long meeting, then flying home, which is a huge waste of time and resources (not to mention the carbon footprint). So I could be persuaded – but the flipside of that is that it removes an element of deterrence for not calling these emergency meetings, which are often done for the sake of a political performance. It’s something to consider in the longer term, but again, now that Pandora’s box is opened and the evil is out in the world, we should try to limit the damage as much as possible.

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Roundup: Parliament versus itself

Not unexpectedly, the Speaker of the House of Commons has declared that he’s going to fight “tooth and nail” for Parliament’s right to demand whatever documents they want – as well he should. But this is a very complex issue that becomes parliament fighting against itself, because of the obligations in places like the Canada Evidence Actthat triggered the process that the Attorney General had to undertake around those Public Health Agency documents related to the National Microbiology Lab firings.

With that in mind, here is some context as to what the Canada Evidence Act demands, and why this is not Justin Trudeau personally defying the will of parliament, but the government following its own laws.

For a further breakdown of the legal balancing act involved, and what the court process for this will look like, read through this thread (which was a little too long to simply post, but a couple of highlights are below).

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Roundup: Another 751 unmarked graves

There was yet more sobering news yesterday, that as many as 751 unmarked graves were located near the former Marieval residential school in Saskatchewan. Aside from the sheer number, some ways in which this site differs from Kamloops is that not all of the graves will be of children, and that many had headstones, which the Catholic Church removed in the 1960s during a dispute – which is a criminal offence, and the local First Nations chief said that they are treating this like a crime scene. And non-Indigenous Canadians should brace themselves, because we’re going to hear about hundreds, perhaps thousands, more of these graves over the next few years as the work of locating them ramps up, making it impossible to ignore the true face of our country’s history.

In response to the announcement, prime minister Justin Trudeau stated that this is Canada’s responsibility to bear, which was met by the usual calls that this was not enough action. The government has already committed to funding these searches in accordance with the wishes of local First Nations communities, as not all of them want the same approach, and Marc Miller said that they are open to boosting the funding if the need is there. There are also calls for an independent inquiry into these sites, but that could be a complicated structure if it requires provinces to get involved (and it likely will), and we could find ourselves with a repeat of some of the problems faced by the MMIW inquiry if that is the case.

Of course, the government’s response was made all the more problematic because Carolyn Bennett sent a spiteful one-word text to Jody Wilson-Raybould, who then tweeted it out and declared it to be “racist and misogynistic,” listing the tropes that she felt it invoked. Bennett publicly apologised and stated that it was their “interpersonal dynamics” that got the better of her, by which she means that the pair pretty much cannot stand one another, which lines up with the stories of their fights in Cabinet. It doesn’t excuse it, and Bennett absolutely should know better (especially because Wilson-Raybould has demonstrated that she keeps receipts), but that hasn’t stopped this from eclipsing some of the coverage of the day, which should have focused on Marieval, and what the next steps need to be.

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Roundup: Annual amnesia and Estimates abrogation

The House of Commons has risen for the summer, with four priority bills having made it to the Senate – including the budget implementation bill – but the rest of their “priority” bills languishing on the Order Paper. And the main party leaders spent the day sniping at one another in their respective press conferences, not necessarily telling the whole truth of the situation along the way, because that’s the way this particular game gets played.

It’s also that magical time of year when Hill reporters realise that the Senate exists and doesn’t operate in the same way that the House of Commons does, and we go through the ritual song and dance of worrying that bills won’t get passed before the Senate rises for the summer, and some usual tough talk by certain senators that they won’t be pushed around and they won’t fast track bills, until they do. We go through this every June, and every June, they push through these bills to ensure that they get royal assent before they leave for the summer. And no, the Senate’s calendar is not as fixed as that as the House of Commons, and yes, they do frequently sit later in order to get these bills passed. There is also the annual ritual of the government leader insisting that they really shouldn’t amend these bills because that would mean recalling the House of Commons, and that costs x-number of dollars per day and that’s apparently a bad thing for democracy (no, I don’t get the logic either), and with the constant speculation of an election, we’ll get additional concerns that they really can’t amend these bills because of that fact, and after some requisite chest-thumping, most senators will back down and pass the bills unamended. Yes, this happens every year, and it might behove these Hill reporters to remember this every year.

There is, of course, a more alarming aspect of what has transpired in this particular year, which is that several House of Commons committees didn’t do any scrutiny of the Estimates for the departments they are responsible for overseeing, and this is absolutely bloody alarming. This is the whole gods damned point of Parliament, and because they were wrapped up in their procedural warfare, that fundamental job didn’t get done. (And because of rules written in the sixties, Estimates that aren’t signed off on are deemed adopted, which is another outrage that they have not corrected). This should never have been the state of affairs – and I will note that some of those committee chairs offered additional sittings to ensure this scrutiny happened, but the MPs on those committees didn’t agree to it, which is an absolute outrage. That is your number one job as an MP, ahead of all other considerations, and you blew it because you were too busy grandstanding and/or protecting ministers who should have fallen on their swords, and we have further undermined our parliament as a result. Slow clap, MPs – stellar job.

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QP: One last kick at the hybrid can before summer

For the final sitting day of the spring, the Liberal benches were once again empty save for Mark Gerretsen, the prime minister planning to appear by video from quarantine. Erin O’Toole led off in person, script on his mini-lectern, and he worried that over five years the government has grappled with Operation Honour, and wanted the prime minister to confirm that the defence minister had never hired someone who was found to previously dismissed from an employer for sexual misconduct — obviously laying a trap because he has something he plans to unveil. Trudeau gave praise to Sajjan for his service. O’Toole noted that Trudeau didn’t really answer and gave him another opportunity, and Trudeau praised their work in changing the culture in the military. O’Toole gave him yet another opportunity in French, and Trudeau repeated that they were taking concrete action make this culture change. O’Toole then raised the contracts to Tom Pitfield’s data services company, and wondered if he had been given any other contracts, and Trudeau noted that the casework database their MPs use, it has strict separation from the party database, and warned against cheap attacks. O’Toole raised two other contracts to Pitfield, noted that they were going to crack down on corruption, and wanted the same from the prime minister. Trudeau dismissed the “baseless personal attacks,” and raised the work they were doing for Canadians.

Yves-François Blanchet, in a somber tone, asked the prime minister to reflect on their choice to create two classes of seniors by giving additional benefits for those over 75, and Trudeau recited that they are always there for seniors and that older seniors have greater needs. Blanchet then wanted the prime minster to increase health transfers to promises, and Trudeau reminded him that they have sent billions to the provinces for help in the pandemic, and that eight out of every ten dollars of assistance were federal dollars, but discussions on increasing transfers were coming in the future.

Jagmeet Singh complained that the ultra rich were not being prosecuted for tax evasion while the government was cutting pandemic benefits, for which Trudeau praised the actions they have taken to help Canadians. Singh then decried that the remaining boil-water advisories on First Nations could take five more years and accused this of not being a priority to the government, and Trudeau reminded him of how many advisories they have solved, and that pretending they did nothing was just misleading and cynical politics.

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QP: Not a question, but a direct plea

On what promises to be the second last QP of the spring sitting, the three opposition leaders were all present, while Justin Trudeau as only available remotely, being in quarantine, once again leading only Mark Gerretsen in the Chamber. Erin O’Toole led off in person, in French, where he read a script about the military ombudsman’s comments on ministerial interference in investigations. Trudeau assured him they were working on the structural and cultural change necessary, including appointing Louise Arbour to reviewing the situation. O’Toole repeated the allegations in French, but didn’t phrase it as a question, but turned it into a plea to Canadians to vote out the Liberals. Trudeau repeated his same response in English. O’Toole then turned to the non-story about the Liberals paying for data services to a company owned by a friend of the prime minister. Trudeau stated this was for constituency casework, which was kept separate from political databases, and all rules were followed. O’Toole tried to turn this into an expansive statement about Liberal “corruption,” and demanded to know if any other contracts were given to Tom Pitfield, and Trudeau talked around the Conservatives slinging mud and hoping to see what would stick. O’Toole produced a document that claims that a contract was given to Pitfield, and Trudeau reiterated that the Conservatives were only focused on narratives and not facts, that all parties use case management databases, and all rules were followed.

Yves-François Blanchet led for the Bloc, in person, and complained about the new border measures announced yesterday, complaining they were arbitrary. Trudeau insisted this was part of a gradual reopening and more stages would be announced soon. Blanchet complained there were more rules than variants, and Trudeau said that while the leader of the Bloc may want simple answer, but they needed to ensure that Canadians were kept safe. 

Jagmeet Singh led for the NDP, and he railed about that military ombudsman’s report, and Trudeau read that they have been committed to structural and cultural change, and that they have taken more concrete actions recently, including some new appointments and $236 million in the budget. Singh switched to French to complain that some benefit were being reduced, and Trudeau recited that they were there for as long as Canadians needed them, and pleaded with the NDP to pass the budget.

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Roundup: Clown show at the bar

The move to call the Iain Stewart, president of the Public Health Agency of Canada, to the bar of the House of Commons yesterday, was a complete clown show. After the Speaker read his admonishment, the Chamber descended to a back-and-forth of points of order, points of privilege, and a discussion of moving a motion on sending the Sergeant-at-Arms to the PHAC offices to search them and seize the unredacted documents (and good luck with that, given that secret documents are meant to be kept in secure cabinets).

I found it exceedingly curious that none of the opposition leaders were present for this spectacle, given that they would doubtlessly like to use it for their own partisan purposes. I am also deeply unimpressed that the government only presented other possible options for the disclosure of those documents, such as only turning them over after more security measures were in place and the Commons Law Clerk had assistance from national security officials to ensure redactions could be done properly and in context, after the admonishment happened, which they should have done beforehand to prevent this incident from ever having taken place.

I’m not sure that a security-cleared Commons committee could have prevented this whole incident, because the committee that started this whole state of affairs is not the Defence committee (which is the natural place for such as security-cleared body) but the Canada-China committee, which was a make-work project of this current parliament set up in large part because Conservatives are trying to use China as their wedge issue, and the government went along with it. The whole demand for these documents is overblown partisan theatre, considering that the firing of the two scientists was almost certainly a paperwork issue (based on the reporting by those who have been on this story for two years), but the fact that the Lab is a secure facility simply complicated matters. This whole incident is one trumped-up incident after another, until it all combusted, and it’s no way to run a grown-up democracy, and yet here we are. Nobody comes out of this looking good.

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QP: Why are you sending cheques?

It’s the beginning of the last week of the sitting calendar, and none of the leaders were present, in person or virtually. The Liberal benches once again remained virtually empty, save Anita Vandenbeld, who swapped with Mark Gerretsen a short while later. Candice Bergen led off in person, raising the story that Liberal MPs have been sending cheques to Tom Pitfield’s company, given his friendship with the prime minster. Pablo Rodriguez responded that this was for a system to help manage constituency files. Bergen tried again, and this time Rodriguez insisted that the Conservatives were obstructing the agenda. Bergen, after starting off with the wrong script, then demanded that the government demand that the president of PHAC turn over documents related to the National Microbiology Lab firings, for which Patty Hajdu admonished her for playing games with national security, given that the documents were given to NSICOP. Gérard Deltell took over in French to repeat the demand, and Hajdu warned that the Conservatives were playing a dangerous game with national security, and quoted Thomas Juneau about his concerns. Deltell tried again, and Hajdu quoted Stephanie Carvin this time.

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Alain Therrien led for the Bloc, and demanded that EI reform better cover people in the cultural sector, and Carla Qualtrough assured him they were working to do just that. Therrien couldn’t take yes for an answer and demanded again, and Qualtrough insisted that the best thing they could do was to pass the budget.

Rachel Blaney conflated the bodies at residential schools with the court case challenging the Human Rights Tribunal ruling on First Nations children, for which Mark Miller stated that there were competing concerns in class action lawsuits, which is why they we negotiating compensation for them. Leah Gazan raised a Black Lives Matter protest about police state violence, and Bardish Chagger stated that they take the calls to action seriously, which is why they took measures in the budget to address this work.

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Roundup: Priority but not a priority

There are officially three sitting days left for the House of Commons before they rise for the summer, and lo, the bill to reform mandatory minimum penalties is nowhere to be seen, in spite of the government saying it’s a priority. In fact, it’s still at second reading stage, meaning there’s no chance they’ll get it through at this point, in spite of their professed need to do this as a way of combatting systemic racism in the justice system. Nor has there been any debate on the bill to make some of the modernisation plans forced upon the courts by the pandemic to be more permanent (some of it very needed, other aspects a little less so).

The government, meanwhile, is introducing another bill today on a new disability support credit, after they tabled their bill to make changes to the Official Languages Act last week, and you can read this as either promises for an election platform, or a sign that they have plans they want to get to work on in the fall. This being said, it’s been deeply weird to have a sitting of Parliament go by without their being a metric tonne of justice-related legislation in the process, churning its way through both Chambers (and I was remarking in a forthcoming column that the fact that the Senate’s Legal and Constitutional Affairs committee isn’t already overloaded is virtually unheard of).

The procedural shenanigans that have dominated this sitting have been more acute than I’ve seen in all of my years on the Hill, and it’s meant a lot fewer bills making it over the goal line than we’ve seen in a very long time. The fact that you have private members’ bills outpacing government legislation is also virtually unprecedented. This whole session has been nothing but procedural warfare, and it’s only bolstered the narrative of the need for an election. I’m still not convinced anyone actually wants one (other than bored pundits), but the narrative is there if the government wants to grab it, and doesn’t look too nakedly opportunistic in doing so (which is probably easier said than done).

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