Tag Archives: First Nations

Roundup: Holding the right feet to the fire

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As the pandemic rolls along, I find myself increasingly irritated with news stories that fail to mention jurisdictional issues. Case in point yesterday was a look at how the federal commercial rent subsidy is ending, but nowhere in the story did it mention that rent is actually a provincial jurisdiction. Part of why the federal programme was so problematic and underutilized is because the premiers signed off on the rules while the federal government put up funds by way of the CMHC, because that was pretty much the only lever they had at their disposal. The only time the provinces are mentioned in the story was in relation to that the moratorium on evictions in certain provinces were expiring – which is important, but the fact that this whole mess is really the provinces’ responsibility is not mentioned. The very same thing happened about a week ago around the problems related to the federal government’s disability payments, that again, because this falls under provincial jurisdiction, the only lever the federal government had at their disposal was the federal disability tax credit, which is why everything was not great and complicated.

I’m all for holding the federal government to account, as anyone who reads this blog will know, but we also need to be holding the right feet to the fire, and the provinces have been consistently getting a pass on the rent issue in the media (and the disability issue for that matter as well). Most of the premiers have ballsed up the response to this pandemic, on an epic scale in some provinces, but there seems to be very little appetite to deal with that. Instead, we get pieces (that I won’t link to) about how Doug Ford surpassed everyone’s expectations and how he’s no acting like a partisan bully any longer, and I’m sorry, but he hasn’t done his gods damned job in this pandemic, and just sounding avuncular at press conferences is not cutting it. And the federal government isn’t helping keep accountability where it belongs either because they keep retreating to this refrain that “we don’t want a fight over jurisdiction,” when no, you don’t have jurisdiction, you don’t have policy levers, so why are you being assigned the task of dealing with the issue at all? (And the first person who raises the spectre of emergency legislation as a means of the federal government asserting jurisdiction can leave right now).

So while I get that news organisations are trying to shine a light on these problematic federal programmes, omitting key pieces information like matters of proper jurisdiction, are not actually helping anyone. (And no, it’s not a conspiracy with the Conservatives, so you can stop that right now). Accountability is important, but holding the right people to account is just as important, and unless your article identifies who those right people are, and places it in that context, then you’re just confusing issues and muddying the water, which does the opposite of accountability. I also refuse to bow to this notion that “nobody cares about jurisdiction in a pandemic.” Sorry, but no, we have a federal constitution that clearly defines roles and responsibilities, and the federal government can’t invent levers of power out of thin air. Jurisdiction absolutely matters, and pretending otherwise is actively helping those who’ve ballsed up their responses evade accountability. That seems to me to be the opposite of what is trying to be achieved here.

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QP: A smarmy thanks for their concern

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Both Erin O’Toole and Yves-François Blanchet claimed to have been recovered from COVID, though neither has stated that they have received two negative tests to prove that fact, and they were in the Commons to make their debut in the new session — O’Toole his first as party leader. To that end, he led off, with a mini-lectern and script in front of him, and he thanked everyone for their thoughts and prayers for him and his wife when they were diagnosed, before he launched into a demand for why there has been slow progress on the calls to action from the Truth and Reconciliation Commission. Justin Trudeau started off with well-wishes to both O’Toole and Blanchet, before he thanked the Conservatives for taking interest in reconciliation and stated that they have been making progress over the past five years. O’Toole repeated the question in French, and Trudeau gave a more expansive answer on the progress that has been made. O’Toole pivoted to the approval of rapid testing, to which Trudeau picked up a script to list the steps taken, and that one test was just approved this afternoon. O’Toole tried to insist that Canada not approving the same tests that were approved in the EU was a violation of CETA, and Trudeau noted that approvals had been granted in the spring in other jurisdictions that later had to be rescinded. O’Toole switched to French to lament the lack of availability for rapid testing, and Trudeau reiterated his previous response on the approval of a test, saying that they respected science. Blanchet was up next, and he led off by first giving a nod to O’Toole for his new role, before he offered the usual demand for higher health care transfers. Trudeau gave his usual response about working with provinces and having already given higher transfers. Blanchet tried to demand to know how many doctors and nurses the federal government was paying, to which Trudeau listed the places where the federal government does have jurisdiction for healthcare delivery. Jagmeet Singh raised the case of the First Nations woman who taped her racist nurses shortly before she died, and decried systemic racism, to which Trudeau offered a script about his condolences and his concerns over the racism on display. Singh then decried that there are still Indigenous communities that have no clean drinking water, and Trudeau listed the progress that they have made to date, and stated that they are still working toward their May 2021 goal of eliminating all long-term advisories.

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Roundup: Unnecessary closure, and problematic reports

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The new session of parliament is not yet a week old, and it is already mired in shenanigans, and this government is the author of so many of its current misfortunes. Right out of the gate, the Liberals declared Bill C-4 to be a matter of confidence and invoked closure – not time allocation, but actual closure – which of course ate up hours in debate on the motion followed by an hour-long vote. They got their closure motion because the NDP sided with them, but wait – the Conservatives moved a motion to concur in a (problematic) report from the Ethics Commissioner about former MP Joe Peschisolido, citing that he broke the Conflict of Interest Code for MPs, and said motion would also call on Peschisolido to write a formal apology to the Commons. This motion passed with NDP support, which further delayed the debate on C-4, thanks to more hour-long votes, and C-4 wasn’t expected to pass until at least 3 AM (by which time this blog has been put to bed). And to think that this could have been avoided by a) not proroguing for five weeks, and b) not ham-fistedly ramming more legislation through the Parliament. But this government seems intent on not learning any lessons.

As for that Ethics Commissioner’s report, well, it shouldn’t actually exist, because Peschisolido hasn’t been an MP for over a year, and he’s not covered by the Conflict of Interest Act because he wasn’t a public office-holder. As an MP, he was subject to the MPs’ Conflict of Interest Code, which is part of the Standing Orders, and thus not applicable to him since he’s no longer an MP, and Mario Dion doesn’t seem to grasp this basic and fundamental fact that is at the heart of his duties. This is a problem (and the former Commons Law Clerk agrees). Also, calling Peschisolido to apologise to the House is also a problem, given the report is out of order and the Commons doesn’t actually have the power to compel him. So, yeah. This is not a good look for anyone.

Meanwhile, down the street, the Canadian Senators Group is completely fed up with having bills rammed down their throats with no time for them to actually do their jobs and study them or offering amendments, because everything is an “emergency.” To that end, they will be moving a motion in the Senate that until the end of the pandemic, all legislation will require a minimum of one week’s worth of debate in the Senate before it will be passed. It’s bold – but they are absolutely right to insist on it. I can easily see both the Conservatives and the Progressive caucuses in the Senate signing on, but the real question will be the Independent Senators Group, and how many of them will feel beholden to the prime minister. Trudeau gets to reap what he’s sown with his “independent” Senate, and I’m quite hoping that this makes him as uncomfortable as possible.

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QP: Calling out the ramming through of bills

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Things were late in getting started thanks to a lengthy “hybrid” vote, and they skipped members’ statements in order to make up time (though Peter Julian made a valiant attempt to go through with them anyway). Candice Bergen once again led off, and she lamented that the government was “disinterested” in helping small businesses. Justin Trudeau listed assistance programmes that they had to help them, and did note that the commercial rent subsidy was not federal jurisdiction so it wasn’t working as well as they had hoped. Bergen then (correctly) railed that the government was ramming through emergency legislation without adequate consultation, to which Trudeau praised the collaboration between parties to get things right, before accusing the Conservatives of playing politics. Bergen lamented the government hiding from their scandals, to which Trudeau lashed out that the Conservatives wanted to deal with WE Charity while they government was dealing with the second wave. Gérard Deltell was up next, to quote a tweet from Andrew Leslie about the government limiting debate when it didn’t happen during the two world wars. Trudeau offered some bland reassurances about working together. Deltell lamented that debate was being limited again for C-4, for which Trudeau repeated the line about working together instead of playing petty politics, and gave a shoutout to Canadians to avoid the COVID Alert app. Alain Therrien was up for the Bloc, and he lamented that Quebec City and Montreal were back in the the “red zone” before he demanded higher health transfers, to which Trudeau pointed out that they did increase transfers and just sent them $19 billion in the Safe Restart Agreement. Therrien got shouty in his demand for transfers, and Trudeau reiterated that they did transfer billions already. Jagmeet Singh was up next, and in French, he lamented that the deficit was so high because he was afraid the government would lead to cuts, before demanding a wealth tax. Trudeau reminded him that the first thing that his government did was raise taxes on the top one percent, and that the NDP voted against it. Singh repeated the question in English, and Trudeau repeated his answer in English.

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Roundup: A continued abuse of process

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The myriad ways in which this government continues to abuse process for the sake of expediency in the face of the current pandemic never ceases to amaze. After the unnecessary five-week prorogation during which things could have been accomplished, the government needed to act with alacrity to get the CERB replacements out the door, and this meant very little time for a proper legislative process – and that should have been a red flag right there. They introduced their bill, and then set about ensuring additional negotiations with the NDP that required amendments to said bill. But rather than go through a proper amendment process, the government simply tabled a new, tweaked version of the same bill, and then pushed through a motion to see it fast-tracked through the Commons with a mere four-and-a-half hours of debate and no committee process, so that it can pass in a single day – today – and head to the Senate tomorrow for rapid passage and royal assent.

This is not normal. This is not good. The Conservatives even put forward a motion last week that would see the Commons meet on Sunday so that they could do Committee of the Whole and maybe even have a proper amendment process as part of that, but the Bloc denied consent. Rather than negotiate and try again, they went with this route instead, which is a problem. This kind of nonsense may have made a limited amount of sense for the emergency legislation that passed through the early part of the pandemic when Parliament was ostensibly suspended, but it’s not suspended any longer. And the opposition parties have largely stated that they don’t want to be seen as impediment to getting people their needed benefits, so it’s not like a proper process would drag on forever – maybe an extra day to do things properly. But no.

My patience for this state of affairs is pretty much exhausted. There is no reason why we shouldn’t be running proper legislative processes, and why Parliament can’t bubble and operate in a largely normal capacity like they should be. These shenanigans are weakening Parliament, and it’s not a good look.

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QP: The importance of independent regulators

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The first Monday of the new session, the Prime Minister was elsewhere, leaving his deputy in his place. Candice Bergen led off for the Conservatives, worrying about people who can’t get rapid at-home COVID tests. Chrystia Freeland said that they too want rapid tests, but it’s important that we have independent regulators, because lives depend on it. Bergen said this was an example of this being too little, too late, but Freeland insisted that the government would do whatever it takes to help Canadians. Bergen raised the spectre of the WE Imbroglio, and lost time in helping people, to which Freeland chided that they were hard at work the whole time, and listed measures. Gérard Deltell was up next to accuse the government of attacking Quebec in the face of the pandemic, and Freeland insisted that there was no dispute and that they we working together with the government of Quebec. Deltell got huffy in his response, insisting that Trudeau insulted the premier, and Freeland soared to new rhetorical heights about the importance of working together. Alain Therrien led off for the Bloc, accusing the government of “withholding Quebeckers’ money” and demanded new health transfers, to which Freeland assured him that they did increase transfers, on top of the $19 billion Safe Restart plan. Therrien was not amused, and demanded higher transfers, to which Freeland insisted that they were all working together. Jagmeet Singh was up for the NDP, and in French, he demanded a commitment to introducing a wealth tax, to which Freeland said that they did mention in the Throne Speech, they did mention new taxes. Singh repeated the question in English, and Freeland was more specific in talk of taxing web giants and stock options.

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Roundup: The importance of automatic filing

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The Throne Speech commitment about automatic tax filings continues to make waves, particularly because it’s such an important component about ensuring that government benefits go to those who need them, and how it’s not happening currently. With that in mind, here’s Dr. Jennifer Robson with some additional context as to why this is a problem and why it’s a good thing the government is finally proposing to act on it.

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QP: Back in action, but feeling hollow

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The first QP of the new session is now officially a hybrid one, with a smaller number of MPs in the Chamber while the rest were on Zoom — a parliamentary abomination. Candice Bergen led off, and she demanded rapid testing options, to which Justin Trudeau took up a script to list what the federal government has done to support testing and procurement. Bergen accused a Trudeau of lacking any plans in his Throne Speech and called the last five weeks a waste of time. Trudeau asserted that the pandemic was the greatest challenge in a generation and it exposed problems in our society that they need to address. Bergen listed there people she claimed the Speech “left behind,” and Trudeau listed the measures that are helping Canadians. Gérard Deltell repeated the Québec premier’s claim that the Speech interfered in provincial jurisdiction, to which Trudeau reminded him that the premier didn’t mind when the federal government deployed the army to help Québec’s long-term care facilities. Deltell tried again, and Trudeau reminded him that they need to work together during the crisis to restart the economy. Alain Therrien was up for the NDP to carry on the accusation of interference and to demand more health transfers, to which Trudeau reminded him that they already increased transfers and more billions went out for the Safe Restart Agreement. Therrien tried again, and got the same answer. Jagmeet Singh was up next for the NDP, and in French demanded a plan for the second wave, to which Trudeau stated that they were working with the provinces to accelerate the testing process, and that they were helping seniors, families, students, and small businesses. Singh repeated his question in English, and Trudeau repeated his answer in English.

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Roundup: Turner and what has changed since

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Former prime minister John Turner passed away over the weekend at age 91, and while you can read about his life here and here, for example, there were a couple of things I wanted to mention about his time in office. Thanks to the problems with the leadership selection processes in this country, Turner didn’t have a seat when he won the Liberal leadership and was sworn in as prime minister. He was only in office for eleven weeks, never meeting the House of Commons, and was defeated in an election shortly thereafter, though he did win a seat and stayed on as leader of the opposition for six years. Most of the tributes to him this weekend have not talked about his reputation for being “handsy,” barring the famous bottom-patting incident with party president Iona Campagnolo, though Susan Delacourt says that he was respectful and wasn’t patronizing to women reporters, who were still rare in the day.

What I think is most interesting, however, was that Turner fought an election in 1988 on the question of free trade, and Turner was bitterly opposed, saying that this would turn Canada into a colony of the United States, and that there would only be doom ahead. The then-Progressive Conservatives were the pro-trade party, and won the day with a majority parliament. Here we are a little over thirty years later, and the situations have reversed themselves – now it’s the Liberals who are champions of free trade and open markets, while the modern iteration of the Conservatives are turning into protectionists who are pushing a “Canada First” plan. It’s amazing how things can change so much in that long (particularly when parties abandon ideology for the sake of populism).

I also am curious how they plan to conduct a state funeral for Turner given the current pandemic restrictions. One supposes that they could have him lie in state within a space like the Sir John A Macdonald building on Parliament Hill, and that the funeral will be televised with a lot of people in masks, but it will no doubt be a challenge for all involved.

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Roundup: Blaming the wrong government

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It appears that Conservative leader Erin O’Toole has decided to use his need for a COVID-test after one of his staffers tested positive in order to be performative about the whole affair. Despite there being a dedicated testing services available to MPs and their families (because yes, Parliament is an essential service), O’Toole and family apparently opted to attempt the public route, which in Ottawa has been backed up for days because of a lack of testing capacity. O’Toole then put out a press release to blame the federal government – not for inadequate capacity, which is the domain of the provinces, and O’Toole couldn’t possibly be seen to criticize Doug Ford and his lack of appreciable action on the pandemic – but because rapid testing hasn’t been approved by the regulators at Health Canada. Hours later, Michelle Rempel, the new Conservative health critic, doubled down and demanded that Cabinet force Health Canada to work faster (and misusing an analogy about the bourgeoisie and “let them eat cake” in the process).

There are a couple of problems with O’Toole’s demands, and one is that Cabinet should be interfering in the work of a regulator, which sets up all kinds of bad precedents – you know, like the one the Conservatives set when they fired the nuclear safety regulator because she refused to restart a nuclear reactor during a crisis of isotope production. The other is that Health Canada has good reason not to approve these tests as they are, because they produce false negatives more often than the regular tests, and that creates a false sense of security among people who may be spreading the virus. “Oh, but the FDA approved it!” people say, ignoring that it’s an emergency approval that relies on self-reported results and not independently verified ones, which again, should be concerning – not to mention that infections in the US are still spreading rapidly. The fact that Health Canada is doing the job that the FDA didn’t shouldn’t mean that we’re “falling behind” – we’re doing the due diligence that they’re not.

As well, I’m not exactly mollified by the notion that O’Toole attempting the public route when he had an option available already because it’s the kind of performative “We’re like real people” nonsense – especially if it took a spot away from another local family who doesn’t have access to the private test that O’Toole did. It’s not heroic or setting a good example – it’s political theatre that could hurt other people in the process.

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