Tag Archives: First Nations

Roundup: Sticking with the date

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You may recall that last week, the Federal Court granted judicial review to the Conservative candidate looking to change the election date because it clashes with a particular orthodox Jewish holiday, and lo, the Chief Electoral Officer set about to review his decision. Yesterday he announced that he’d reviewed it, and he was still confident that there wasn’t sufficient reason to change it – moving it back a week would put it in conflict with a bunch of PD days in schools that they needed to use for polling stations, and it would collide with municipal elections in Nunavut, and there were still plenty of options, be they advance polls or special ballots, for those affected by the orthodox Jewish holidays. That decision goes to Cabinet, who will make the final call later this week.

But then something curious happened – a couple of Liberal MPs tweet their dismay at the CEO’s decision, which is a little odd because, well, it’s not really his call. He’s making a recommendation, and Cabinet makes the final decision because the dissolution of Parliament for an election is a Crown prerogative, meaning that it depends on the Governor-in-Counsel (i.e. Cabinet advising the governor general) that makes the decision, regardless of our garbage fixed election date legislation. So if they’re tweeting dismay, they should direct their pleas to their own government rather than to harass the CEO.

This having been said, I am forced to wonder if this isn’t part of the fallout from the aforementioned garbage fixed election date. One of the justifications for said garbage legislation is that it’s supposed to help Elections Canada plan, rather than scramble in the event of a snap election call – but it’s starting to feel like perhaps those plans are also getting a bit precious, which is a bad sign for an institution that is supposed to be adaptable in order to accommodate the election call, whenever it may be.

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Roundup: A carbon reality check

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A couple of weeks ago, Paul Wells did one of his CPAC interviews with Elizabeth May, the transcript of which is now available, and she talked a lot about how she thinks Canada can transition to a cleaner economy, and said a bunch of things about the oil and gas industry as part of that. The problem, of course, was that she was wrong about pretty much all of it, as energy economist Andrew Leach demonstrates.

Leach, meanwhile, also takes Jason Kenney’s rhetoric about carbon pricing to task in this Policy Options piece, and lays out the danger of that rhetoric, which has a high probability of blowing up in Kenney’s face. And as a bonus, he proposed a tool for conservatives to check their policy instincts against.

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Roundup: Enumerating promises

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CTV had a two-part look at the government’s record yesterday, both in terms of what they accomplished that changed Canada, and what they did not accomplish as promised. The accomplished list is not quite as interesting – gender balance, more refugee resettlement, restoring the long-form census, legalising cannabis – I’m not sure their “reforms” to the Senate are as much of an accomplishment as people may think given the broader unintended consequences.

The other list, however, strikes me as requiring a bit more nuance than was really offered in some cases. For example, not balancing the budget was in part because there was an oil crash at the beginning of their mandate that affected their figures, and it wasn’t really balanced when the Conservatives lost power (particularly given that they booked a bunch of fictitious savings for things like the Phoenix pay system and Shared Services Canada, which the Liberals had to clean up). That said, they did increase spending once revenues increased, so it is a bit more complex than the piece offered. Electoral reform? It wasn’t one of their biggest campaign promises, but one of a myriad that was simply overblown in many instances, but that aside, it again doesn’t quite capture that the attempt to explore consequences resulted in a hot garbage report that was unworkable at best, and was based on a stupid promise that evidence showed was not feasible (leaving aside that the Liberals stupidly didn’t bother to promote their own preferred system until it was too late). The Indigenous file is still rocky? If anyone thinks that centuries of colonisation can be reversed in four years, well, that’s fantasyland, but it’s not as though there hasn’t been significant progress. The final, more nebulous point about scandals and “doing politics differently” is one of those unicorn promises that lets people’s imaginations run wild. For the most part, he did things differently than Stephen Harper did, but it wasn’t different enough or utopian enough for some people, and it qualifies as a failure, which I’m not sure is fair to anyone.

Speaking of stupid promises, the Ontario government is having to walk back on their promise to end “hallway medicine” in twelve months, and yeah, that’s not going to happen and it’s hey, it’s a complex and intractable problem that not even shovelling money at the problem is likely to solve. But it’s not like people believed anything Ford promised because it was only about their anger at Kathleen Wynne, right? But that’s what you get with populist blowhards – snake oil promises pulled out of their asses with no ability to implement them, but hey, so long as you keep them angry about the other guy/woman, then that’s all that matters, right? And nobody ever seems to learn.

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Roundup: Dire warnings about MPs’ jobs

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Another day, another apocalyptic warning that the workload and schedules of MPs are going to wind up killing somebody someday, and I just cannot even. This isn’t even the first time this particular argument has been made by MPs, but it boggles me even more that journalists aren’t pushing back more, and at least giving an “Oh, come on,” and it leaves the impression that there is an expectation that parliamentarians go in thinking it’s a nine-to-five job. And it gets even more ludicrous when you realise that MPs are not only sitting fewer days than they used to, but we already eliminated evening sittings three days a week in order to make the days more “family friendly” (which, as it happens, made congeniality worse because they stopped eating dinner together three nights a week).

https://twitter.com/garry_keller/status/1150587736736317441

Part of what has triggered this wave of pearl-clutching are the number of voting marathons that we saw in this current parliament, but we need to pour a bit of perspective sauce on the situation here. First of all, the opposition needs to have some tools to apply pressure to the government when they feel it’s necessary, and eliminating those tools would be a major problem. That said, I’m not sure that these particular marathons were appropriate uses for those tools, particularly as they were pegged to issues that were fairly minor on the scope of things, if not outright ridiculous, and yet the Conservatives made a big song and dance about these vote-a-thons, which wound up coming across as a temper tantrum. It became routine that estimates votes were coming up, so they were going to force a vote-a-thon to express their outrage of the day, and then blame the government for “forcing it” to happen. That’s…not how this works. And if MPs are opposed to those tactics, well, they can let their party leadership know that they’re opposed and do something about it internally. Otherwise, I’m not sure what their suggestions are for making life easier for MPs, because the alternatives – such as time allocating all business by means of programming motions and the like – is not healthy for democracy either. Perhaps they need to think about that as they complain about the jobs they chose.

Speaking of workloads, there was some angry debating over Twitter over the weekend about the Senate not sitting later to pass the bill that would add CBSA to the new civilian oversight body created for the RCMP (the accusation that they wanted to go on vacation). While I have my doubts about that bill (I think the earlier Senate bill to create an Inspector General for CBSA held a lot of promise, but the government refused to debate it), it’s pretty unfair to lay the blame on the Senate as a whole. Rather, it’s the government’s fault – both in introducing the bill so late, and sending it to the Senate at the very last minute, and in their Leader in the Senate, Senator Peter Harder, who controls the agenda. He could have ensured that the Senate sat long enough to pass it, but we’ve seen over the past three-and-a-half years that Harder has been absolutely allergic to staying later than the Commons does, even though the Senate is actually scheduled to sit for an extra week at the end of each sitting, like they always do. Harder, however, has steadfastly refused, and the Independent senators haven’t pushed back. If you want someone to blame, start there.

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Roundup: The hollow discontent

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The Council of the Federation meeting has concluded, and Jason Kenney is again giving warnings about national unity, but given that his thesis is a house built of lies, one should probably take it with a grain or two of salt. There were the usual demands of higher healthcare transfers (ironic given that the premiers are largely conservatives, at least one of whom was in Harper’s Cabinet when he reduced the rate of increase on those transfers), and federal assistance with pharmacare, and the platitudes about increasing labour mobility – for which we’ll see if Kenney’s theatrical moves around unilaterally reducing a handful of the province’s trade barriers will get any traction. It was noticeable that he didn’t decide to join the national securities regulator, and for as much as Andrew Scheer tried to swoop in with press releases about how Justin Trudeau had “failed” on interprovincial trade, the reality is quite the opposite – after achieving the trade deal with the provinces and the negative list of barriers, they have made substantial progress on chipping away at it.

There was some disagreement – François Legault continued his opposition to pipelines (which throws a giant wrench into their visions of “national energy corridors” that are being used as code-words for pipeline access routes), and Brian Pallister and to a lesser extent, Doug Ford, sniped back at Legault about his province’s “secularism” bill, that the other premiers mostly didn’t say anything about.

When all was said and done, however, it became noticeable how hollow Kenney’s attempt to build some kind of coalition of discontent was – while he was trying to insist on a brewing unity crisis, all of the other premiers were pretty much “one or two disagreements, but we’re good otherwise.” Which kind of blows Kenney’s narrative out of the water – especially when he was forced to admit that the province doesn’t really want to separate. It’s a tacit admission that once again, this is just using lies to try and keep people angry because he thinks he can use that to his advantage, but not enough other premiers want to play with that particular bonfire.

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Roundup: Attacking his own plan

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Andrew Scheer’s sudden denunciation of the planned clean fuel regulations got some reaction yesterday, partly from the government, and partly from economists who deal with this kind of thing for a living. Scheer’s labelling it a “secret fuel tax” is more than a little odd, because it’s exactly the kind of thing he’s proposing by removing the transparent federal carbon price and replacing it with more costly regulations, which would get passed onto consumers in a hidden way without any of the rebates that the current federal backstop programme provides – in other words, doing exactly what he’s accusing the Liberals of doing. The government noted that Scheer’s 4¢/litre figure are just a guess because the regulations haven’t been finalised yet (though some economists say it’s about right based on current projections), but again, it needs to be driven home that this is exactly the kind of thing that Scheer himself is proposing, but without the added “technology is magic” sheen attached.

To that end, here’s economist Andrew Leach’s mock open letter to Scheer.

Meanwhile, Heather Scoffield points out that this latest attack by Scheer risks boxing him in, and attacks his credibility on the climate file.

https://twitter.com/robert_hiltz/status/1148609609424429057

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Roundup: More trouble in Rideau Hall

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The news out of Rideau Hall is rarely good these days, and yesterday, it was about high levels of harassment and job dissatisfaction being reported by the staff there. I’m not entirely surprised by this, given that most of the established and long-time staff abandoned it shortly after Julie Payette was named governor general, because she and her hand-picked secretary (who had no government or Crown-related experience) essentially made everyone’s lives miserable. This after it was revealed that Payette still refuses to move into Rideau Hall because she’s unhappy with the lack of privacy there, while she has decided to decamp to the Citadelle in Québec City – her other official residence – for the summer. (On that note, it’s probably the most use the Citadelle has had continuously in quite a while). All of this makes one wonder if she wasn’t told when she was offered the position that it’s a very public role and that living in an official residence would come with issues like staff being in the building at all hours. It seems odd that she wouldn’t have known this going into the job (and possibly a sign that Justin Trudeau and his office did a terrible job in either selecting her or preparing her).

Meanwhile, I remain concerned that we’ve heard nothing from the PMO about how they’re planning to replace the lieutenant governor of Saskatchewan following his untimely death this week, because the provincial government will be paralyzed until that is filled. If we had a functioning vice-regal appointments commission, there would have been more names from a short-list on record that could be drawn from fairly easily for a replacement, but now it’s an opaque box, and if there is another Judy Foote-like appointment in the works, that could be yet another self-inflicted wound for this government.

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Roundup: Proving the SCC’s point

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It was only a matter of time after Alberta premier Jason Kenney announced that he was reviving his province’s sham Senate “election” laws that the two so-called “elected” senators from the province started chiming in, and lo, Senator Tannas did just that on the Alberta Primetime politics show on Alberta’s CTV affiliates this week. During the hugely uncritical interview, Tannas proclaimed that getting an “endorsement” from the public gives him the right to speak up “more forcefully,” and that he and fellow “elected” Senator Black are “listened to differently” because they of their special status.

Let me remind you what the Supreme Court of Canada said when it comes to consultative elections – that it would give the Senate a popular mandate, which would change the constitutional architecture of the institution, and you can’t do that without a formal constitutional amendment. In other words, Tannas is proving the Supreme Court’s point – that his “election” (which was a sham, let’s be clear) confers upon him some kind of special authority, which is whole point. Now, Tannas did try to couch some of his criticisms for his nominally appointed colleagues from Alberta because he has to work with them, but amidst the myths about Bills C-48 and C-69 and the complete self-aggrandisement, there was virtually no pushback at Tannas about what the Supreme Court said, or the fact that the process that got him “elected” was a sham worthy of a People’s Republic.

There seems to be almost nobody pushing back against Kenney and his unconstitutional legislation and the sham that these “elections” really are. Why, here’s Don Braid with a lazy garbage take that lauds the farce that Kenney puts on because he’s swallowed the rhetoric about those bills whole, along with the fairytale nonsense about a “Triple E” senate and what it purports to do (never mind that the only thing it would do is create 105 new backbenchers with an overinflated sense of self). Repeat after me: Kenney is only doing this to invent a future grievance, while he lies about those two bills. It would be great if someone could be bothered to call him out on it.

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Roundup: Federal Government 2, Provinces 0

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It was not a surprise that the Ontario Court of Appeal told Doug Ford to go pound sand with regard to its objections to the federal carbon price, which is exactly what they did in a 4-1 decision, affirming the Saskatchewan decision that the price is not a tax but a regulatory charge, and that it’s not unconstitutional. Ford, predictably, vowed to take this to the Supreme Court of Canada, and given that they agreed to hear the Saskatchewan case, it’s likely these two will be heard together, where you can pretty much bet that the majority of the judges there will tell Moe, Ford, and the likes, to similarly go pound sand. As for the dissenting judge on the Ontario panel, well, he has a pretty interesting history of his legal philosophy, and was unusually appointed directly to the Court of Appeal from his being a law professor.

Meanwhile, here’s some analysis, with threads by Andrew Leach, plus Lindsay Tedds on the whole tax/regulatory charge difference.

https://twitter.com/EmmMacfarlane/status/1144686800348340226

https://twitter.com/EmmMacfarlane/status/1144687790367674368

https://twitter.com/cmathen/status/1144706969493749761

https://twitter.com/cmathen/status/1144708330037874692

Meanwhile, the BC government’s lawyers were in Alberta court on Friday to argue for an injunction against the province’s blatantly unconstitutional “turn off the taps” legislation now that it’s been proclaimed, likening it to a loaded gun that they don’t want to go off accidentally. The hitch, of course, is the question of whether BC has standing to go to Alberta court over the case, so we’ll see what the judge decides there.

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Roundup: Solidifying the “new” Senate

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Another day, another badly executed wrap-up article on the Senate, this time courtesy of the CBC, which again, has a badly misleading lede in which it claims that “Legislative changes that would have made it harder for a future prime minister to reverse Senate reforms have fallen through.” This is wrong – any changes to the Parliament of Canada Act that the government was contemplating would have had zero effect on the selection process for future senators. Why? Because that’s not governed by that Act, or indeed any piece of legislation – it’s part of the constitution, and clearly spelled out as a prerogative of the Governor-in-Council, meaning the prime minister and Cabinet will advise the Governor General as to who gets appointed. There is nothing that Trudeau could do to bind that advice legislatively – recall the Senate reform reference to the Supreme Court of Canada – that would require a constitutional amendment requiring seven provinces with fifty percent of the population to do.

What would changes to the Parliament of Canada Act regarding the Senate do? The actual proposals were to ensure that leaders of any parliamentary group in the Senate would get commensurate salary increases and resources to put them on par with the what is nominally the government and official opposition in the Senate, and the ISG has been pushing for this pretty hard, but they also were demanding to be part of consideration for vote bells, though I’m not sure why it would matter (particularly given that they have demonstrated time and again that they’re not reliable negotiating partners). But I also suspect that part of the reason why these changes didn’t get proposed was because there is some legal opinion that it would require some kind of buy-in from provinces to make this kind of change, so there was likely little time for the government to add this ball to all of the other ones they were juggling that late in the parliamentary calendar (despite the cries of the ISG). Of course, this hasn’t stopped the media from falsely framing these changes as affecting the selection process, as this has been cited by more than one reporter from more than one outlet, and it’s false.

The rest of the story is again more of the same voices opining on how great the “new” Senate is working, but we fortunately got a bit of pushback from Liberal Senator Lillian Dyck, who did point out that the lack of organisation among the Independents has held up bills and slowed down the process – and she’s right. But nobody wants to talk about that as they’re busy patting themselves on the back for “not being whipped.” There’s more to the Senate than that, and they need to get off this self-congratulation because things aren’t working as well as they like to claim.

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