Roundup: Saudi oil and AG reports

While the issue of Saudi Arabia continues to make headlines, Chrystia Freeland insisted that she doesn’t consider the case closed and more sanctions are being contemplated. She also said in QP yesterday that no future export permits will be granted to the kingdom (in reference to the LAVs we’ve been selling to them).

Of course, when I tweeted this, my reply column filled up with a bunch of indignant people who demanded to know when we would stop buying Saudi oil and use Alberta oil in Eastern Canada instead. Let me assure you that it’s never going to happen. If we don’t buy Saudi oil, it won’t impact their bottom line in the slightest. The amount we import from them is a rounding error on their books. Add to that, Energy East was never about domestic supply – it was about export via the long route. If by some miracle, a future Andrew Scheer government not only built said pipeline and they demanded that Eastern Canada start using Alberta oil, he would essentially be demanding that Alberta take a $10/barrel discount on that oil, because economics. I seem to recall a former prime minister who remains demonised in Alberta to this day because he wanted to ensure domestic supply, which would mean Alberta got a lower price for their barrels. Why would Scheer want to repeat that very same policy, but wrapped in an “ethical oil” cloak?

Auditor General’s report

Yesterday was the fall report of the Auditor General, and there were reports on:

  • The fighter jet procurement programme got a spanking, and particular attention was paid to the retention problems around pilots and mechanics.
  • Security at many of our embassies is falling behind; the government blames the Harper era for lack of investment.
  • The military isn’t stamping out harassment as quickly as it should because there is no coordination in its programmes, resulting in a number of gaps.
  • There is a lack of both a strategy and budget for rural Internet connectivity.
  • CRA gives people inconsistent treatment, and where you live can determine how friendly your local regional tax office is.
  • Inmates eligible for parole are being kept in prison for longer than necessary because of a lack of halfway houses and parole officers.
  • The lack of coordination between departments means the government may not even know which historic buildings they own.

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Roundup: A diminishing vision of a regulator

The Supreme Court of Canada returned their reference decision on the constitutionality of the proposed national securities regulator yesterday, and it was a unanimous green light – because this is a voluntary system, it’s constitutional. You may recall that a previous attempt to create such a national regulator to be imposed by the federal government was found to be unconstitutional, and lo, it didn’t happen. When the previous Conservative government constructed this new voluntary model, Quebec appealed to the SCC, and as we can see, didn’t win the day. And even with this decision, Quebec still says they’re still going to stick with their provincial regulator, thank you very much, and that’s that.

There are a few things to think about in this decision, and in the system as it’s being designed. One of them is that part of the mechanism that makes it acceptable to the Supreme Court is that the regulatory authority is being delegated to a council of ministers, but that may come with more challenges. Because the wait for this decision essentially stalled the work of the new regulatory body, it remains to be seen as to how long it will take to get the new system up and running.

While Andrew Coyne makes the point that this system really makes no sense because it’s not able to deal with the issue of systemic risk, it may be worse than that. I wrote about this proposal for Law Times back in the spring, and even proponents of the national regulator had started to sour on the concept because the proposed system as it was being built essentially let provinces maintain their own particular carve-outs, which increases the complexity and reduces the uniformity of the system across the country. Even more alarming, according to one lawyer I spoke with, is the fact that this sets up a system that is unaccountable, that makes up and enforces its own rules and is self-funding, which seems to go against most good governance norms. So we’ll see where this goes, but the final result certainly looks to be far less than what was initially promised.

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Roundup: A policy reviewed and changed

The government announced that their review of the transfer of inmates to Indigenous healing lodges is complete, and they made some changes to the policy to tighten the conditions. While they wouldn’t say directly, it was confirmed that Tori Stafford’s killer was reassigned from the healing lodge she had been transferred to back to an institution. Cue the self-congratulation from the Conservatives, who assert that the killer is back “behind bars.” But there are a few things we need to unpack here because some of this back-patting is disingenuous.

First of all, these healing lodges are still prisons. Said killer went from one medium-security facility to another medium-security facility. While Andrew Scheer kept insisting that she was moved to a “condo,” he is not only lying about what a healing lodge is, he is also misconstruing what conditions in women’s institutions in this country are like. There are no longer any of the kinds of cells and bars or high walls that you see on television – women’s institutions largely feature campus-like atmospheres, with apartment-like dwellings. Indeed, the facility she’s been transferred to post lodge is described as “a minimum security residential-style apartment unit and residential-style small group accommodation houses for minimum and medium-security inmates in an open campus design model.” So much for the crowing that she’s back behind bars.

There is also the self-congratulation in saying that they embarrassed the government into taking this action, and that this somehow disproves what the government said about not being able to act to transfer her. This is again disingenuous – when it came to light, the government ordered a review, and the policy writ-large was changed. They didn’t order an individual transfer, because that would be abusing their authority to do so. Now, there are some genuine questions as to how appropriate it is to change policies based on a single case, but insisting that they did what the Conservatives asked is not exactly true. Worse, however, is the unmitigated gall of the Conservatives demanding apologies and insisting that it was the Liberals who politicised the issue when they were the ones who decided to start reading the graphic details of Stafford’s murder into the record in the House of Commons. They’re still sore that they’ve been called ambulance chasers, which they insist is some kind of grievous insult, however their behaviour in the Commons around this issue was hardly decorous. An issue was raised, the policy was reviewed and changed, and the process worked. But trying to play victim over it is taking things a little too far.

https://twitter.com/journo_dale/status/1060641966776475648

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Senate QP: Looking tough and talking out the clock

Following a lacklustre QP in the Other Place, the Minister of Looking Tough on Stuff, Bill Blair, headed for the Senate to take more questions related to his portfolio. Senator Larry Smith led off, asking about the financial pressure put on shelters in cities and provinces related accommodating irregular border crossers. Blair noted that he has been working with Ontario Minister Lisa MacLeod on the file, and noted that for the Toronto shelter system, the referred numbers are self-identified as refugees, which they arranged temporary housing for, and of the more than 400 that were referred to is now down to 35. Smith then laid out a number of facts related to irregular border crossers including the fact that the IRB wait time is around two years, and Blair gave a fairly broad statement about the increase in migration around the world, and that Canada saw similar spikes in irregular claimants in the past, and then veered off into talks about Conservative cuts to CBSB and the IRB that they have been forced to reinvest in, and from there went into the removals of failed claimants, before the temporary speaker cut him off for talking too long.

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Roundup: Finishing a ham-fisted job

In the wake of Karina Gould’s appearance at Senate QP earlier this week, the ISG is reaching out to the media to push the narrative that they desperately need changes to the Parliament of Canada Act in order to “finish the job” of making the Senate “independent,” which has me giving a bit of a resigned sigh because it feels to me a bit like someone climbing onto a steamroller when they’ve barely taking the training wheels off of a bicycle. While there are arguments to be made for changes to the Act, it ignores the fact that it’s actually fairly difficult to do (previous attempts to change the Act have been curtailed because of legal opinions that have stated that it may require the consultation of the provinces), and the fact that it’s probably premature to start making these changes.

While on the one hand, I understand that the ISG is looking to cement changes to the Senate in advance of the election in the event that the Liberals don’t win and a hypothetical Andrew Scheer-led Conservative government starts making partisan appointments again, and they want to protect the gains they’ve made, but on the other hand, they really still haven’t even learned how the Senate operates currently, so demanding changes in advance of that seems a bit precious. The fact that they haven’t managed to figure out some pretty basic procedure (while complaining that it’s being used against them) and then demanding the rulebook be thrown out and rewritten to suit them is problematic, and making what amount to permanent changes to the institution on the basis of what is currently a grand experiment seems completely foolhardy – particularly when they have already negotiated workarounds to most of the issues that are currently irritating them, such as funds for the ISG, while I’m really not sure why the length of vote bells is being treated as a dire circumstance demanding action.

The other thing that bothers me with the interview that Senator Woo gave is that he’s demanding that Trudeau pick up the reins with this modernisation while he’s thus-far been content to let Senators figure it out. Granted, there is an element of “he made this mess and now he’s letting everyone else clean it up” to the whole thing, but I’m not sure I want to trust Trudeau to finish the job of “modernising” the Senate because of the fact that he’s caused significant damage that a future generation is going to have to undo, and along the way, he’s managed to centralise more power within the caucus room as part of his ham-fisted “fix” for a Senate problem that didn’t actually exist. Trying to get him to finish the job may simply be inviting bigger problems that will take even longer to undo.

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Roundup: Leniency for chronic offenders

There was an interesting piece about document security lapses within the federal government, which is something that speaks to me as someone who spent time doing records management within a federal department back during my early days in Ottawa as I was building up my freelance career (before I started on the Hill). The report cited 3075 lapses in the past year at Public Services and Procurement, with six employees being cited as chronic offenders.

During my time doing this kind of document work, there were a rash of news stories about secret documents being left unattended, or being thrown out and found on street corners, and much of it boils down to a culture within the public service of not caring about document security – in part because people aren’t trained to care about it. It was also because, in my department’s experience, every time they would train an admin assistant in document management, she would go on mat leave, then her replacement wouldn’t be trained to the same level, and she would go on mat leave or another assignment, and her replacement not trained, and on it went. So records went unattended, and people in the department stopped properly dealing with their records, including those who were supposed to be kept secret. And you’d see people in the Tim Horton’s downstairs from the office with Protected of Secret file folders on them, despite the fact that they weren’t supposed to leave the office area. And nobody seemed to care about that fact – all of which reinforced the notion that there isn’t a culture of responsibility around these kinds of things.

Which brings me back to the article. With those chronic offenders, they are being treated leniently, despite the fact that they are supposed to be subjected to tough sanctions, including demotion or termination. But as with so many things in the public service, where there are so few instances where there are consequences for transgressions, it seems to reinforce the notion that document security doesn’t need to be taken seriously, and then we get more security and privacy breaches. If there were actual consequences, that might start making an effort at reducing the number of breaches.

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Roundup: All about Alleslev

As the fallout from Leona Alleslev’s defection to the Conservatives continues, the comments from her former colleagues have remarkably tended not to be bitter or angry, but more bewilderment as she didn’t express any concerns to them beforehand, though there was understandably some shock from her riding association. That’s a bit shocking considering the pure vitriol that we’ve heard from Conservatives when they had defections in the past (particularly when women defected, if you recall the misogyny lobbed at Belinda Stronach after her floor-crossing). Of course, that also hasn’t stopped the Liberals from leaking effusive emails of praise that Alleslev sent them, and speeches she gave that completely contradict everything that she told the Commons on Monday when she made the decision. I remain struck by this insistence that the current government isn’t offering the “foundational change” she claims to be looking for, yet is aligning herself with a party whose recent policy convention was pretty much dominated with resolutions to simply turn back the clock to the Harper era, which was apparently a golden age. If she wanted “foundational change” from that, I’m not sure that going back to reinforce it is what she’s looking for.

Meanwhile, here’s a look at some of the history of floor-crossings in Canada, and the trends for when it goes well for those MPs, and when it all goes down in flames.

Bernier blindsided

Maxime Bernier’s team is finding it hard to keep up with online groups pretending to act on his behalf but have no actual associations with him, and which are posting offensive material and items that he says are contrary to his positions. I have two things to say about this: 1) It’s hard to believe that his team are such rank amateurs that they didn’t secure these domain names in the first place, which bodes ill for the kind of logistical knowledge they would need to run a national campaign; and 2) Bernier has brought much of this on himself. By winking to white nationalists, and by not even dog-whistling, but rather playing these tunes with a tuba, he’s invited the very xenophobes that he claims aren’t welcome in his party (as he keeps playing their tunes on his tuba while staring wide-eyed as they keep flocking, like he’s the Pied Piper of racists). This credulous, naïve act he’s putting on is getting a bit tiresome. If he doesn’t understand how his message plays out, that’s another strike against him being ready for the prime time of leading a credible political party.

Please note: I’ll be hosting a live chat today at 7 PM Eastern for $10 subscribers to my Patreon, to answer your questions about the return of Parliament. Subscribers have access to exclusive content not available elsewhere.

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Roundup: Offering justifications for the indefensible

The attempts by conservatives, both provincial and federal, to justify the use of the Notwithstanding Clause is in full swing, and it’s a bit fascinating to watch the intellectual contortions that they will go through in order to justify a) the abuse of process for Bill 5 in the first place, b) the need to ram it through during the middle of the election itself in order to interfere, and c) why they need to go to the mat and use the nuclear option in order to help Ford enact petty revenge. One of Ford’s MPPs wrote up her legal analysis, which is more than Ford or his attorney general have bothered to do, but it still didn’t explain the need for haste when an appeal of the lower court decision would have been the proper way to go about disputing its reasoning. Ford’s MPPs would go on TV and throw around the word “elites” as though that justifies the nuclear option, which, again, doesn’t actually constitute a proper reason for employing said nuclear option. Andrew Scheer, meanwhile, is falling back on the technicality that Ford’s using the Clause is “within the law” because municipalities are under provincial jurisdiction, which is beside the point – the point being that Ford is violating the norms of our democratic system for his own personal ends, and not calling out that violation of norms is troubling.

Even more troubling was that during yesterday’s raucous Question Period in Queen’s Park, Ford stated that we don’t need the Charter because people elected him – all of which just continues his particular inability to discern between popular rule and democracy. Popular rule is justifying breaking rules and norms because you got elected – democracy is those rules and norms that keeps power in check. That he can’t grasp the difference should be alarming.

The LeBlanc Report

The Conflict of Interest and Ethics Commissioner issued his report yesterday on whether Dominic LeBlanc violated ethics rules regarding the awarding of the Arctic surf clam fishery to a company that was headed (on an interim basis) by his wife’s cousin – the context is that he’s one of sixty first cousins, and his relationship with LeBlanc is at best described as an acquaintance. Reading through the report, it hinges upon the Commissioner reading the definition of family much more expansively than it is interpreted elsewhere in the very same regime, which is how LeBlanc interpreted it. LeBlanc took responsibility, vowed to do better in the future, but that hasn’t stopped the opposition from taking the usual route of wailing and gnashing of teeth to decry just how unethical this government is.

In the demonstrable instances, however, the ethics violations have been pretty small ball (i.e. Bill Morneau not properly reporting the ownership structure of the French villa he disclosed), or legitimate differences of opinion on relationships (whether the Aga Khan was a family friend in Trudeau’s case, or the closeness of the relationship between LeBlanc and his wife’s cousin in this case). These are not instances of influence being peddled, people being unjustly enriched (and I know people will quibble about the Bell Island vacation, but the Aga Khan is not some tycoon looking to increase his corporate holdings by way of government connections), so perhaps a bit of perspective is warranted. Should Trudeau and LeBlanc have cleared things with the Commissioner beforehand? Absolutely. But this performative outrage we’re seeing will only get you so far, and railing that there have been no consequences beyond naming-and-shaming means little considering that it was the Conservatives and NDP who designed this ethics regime back in 2006, and they could have designed a more robust system them – or at any point that it’s come up for statutory review – and they haven’t.

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Roundup: Self-inflicted leadership wounds

There was a fairly damning piece out about the state of the NDP yesterday, as they began their caucus retreat in Surrey, BC, and how the party basically put itself on hold for two years after they turfed Thomas Mulcair but left him in place for two years while they engaged in an overly long leadership process, only to let their fundraising collapse and their outreach stagnate. I do have vague recollections about how they were totally going to use the two-year!leadership contest to totally re-energise the party, and it would totally bring in all kinds of new fundraising and members, and so on. Turns out, none of that happened, Mulcair being left in place slowly poisoned the well, and at the end, they wound up with a leader without a seat, and who has been largely absent both from Ottawa and the national stage (leaving another defeated leadership candidate in his place in Ottawa). I’m hoping that the entire Canadian political scene takes this as an object lesson that the way we’re running leadership contests is very bad, and that we need to get back to the sensible and accountable caucus selection (and removal) of leaders. The pessimist in me, however, sees this very likely reality that they won’t take the lesson, and we’ll continue stumbling along.

Also in NDP news is the damage control about the Erin Weir debacle, and they’re getting out activists and pet columnists to come to their defence and to insist that Weir is the worst person imaginable, ignoring that he took to the media to defend himself after a campaign of leaks started against him as part of the Mean Girling around him, and they’ve offered nothing to substantiate that he is a harasser in any meaningful sense of the word. Jagmeet Singh even proclaimed that he wouldn’t be intimidated by “elites” from the party’s own grassroots – their own current and former MPs and MPPs in Saskatchewan – into changing his mind. It’s actuall a bit stunning.

Notwithstanding

Because this is still Very Big News, there is talk coming out of PC circles in Ontario that Doug Ford is willing to use the nuclear option to show that he’s tough against the courts where Trudeau isn’t, and then uses the false notion that the Notwithstanding Clause could have been used on the Trans Mountain ruling – which it couldn’t, because the Clause only applies to certain sections of the Charter, for which Section 35 is not a part of. But since when to facts matter when you’re pursuing a private grievance in a big, public way? Worse was the fact that people were trying to get Ford to bring up the fact that Justice Belobaba refused to freeze Omar Khadr’s $10 million settlement and turn it over to the widow of his putative victim. Justin Trudeau, meanwhile, continues to say that this is a political issue for Ontarians to deal with, not for him to swoop in and do something about, and he’s right.

Meanwhile, here’s Paul Wells snarkily congratulating Ford’s government for embracing the extremism it too Stephen Harper a decade to find and for making the Notwithstanding Clause easier for any other government to use in a fit of their own pique. Law professor Vanessa MacDonnell thinks that Ford should clearly articulate why he is invoking the Notwithstanding Clause, while Susan Delacourt wonders why Trudeau left it up to Brian Mulroney to forcefully denounce the invocation.

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Roundup: Effacing labour

Yesterday having been Labour Day, there were a couple of topical stories out there – that the government’s look at updating the Canada Labour Codemay look at more measures to help with work-life balance, and that there are ideas on the table to look at taxing robots who replace workers with automation (though this seems fraught with all manner of complications). There is even talk about how this government has given the labour movement a seat at the table with trade negotiations (though there is some talk about how it’s all for show, and that they have little actual impact). But all of this having been said, I found the statements by the leaders to be interesting.

https://twitter.com/MinWorkDev/status/1036629441517182984

https://twitter.com/theJagmeetSingh/status/1036677765250965504

Trudeau’s tweet was fairly standard, spoke about the labour movement, and the attached statement went into more detail about the achievements of the aforementioned labour movement. His minister of labour, Patty Hajdu, had a video message that talked about ways they are working on improving the current conditions, with a focus on harassment and coming pay equity legislation. Jagmeet Singh, true to NDP form, spoke about the focus on workers. But Andrew Scheer?

Nothing about the actual meaning of Labour Day. Nothing about the gains made by the labour movement, or the safety of workers, or the eight-hour work day, or weekends. Nope. It’s a holiday before getting “back to the grind.” Now, the previous government was no friend to labour, with vexatious legislation designed to make certification harder, impose onerous financial reporting requirements, the fight with public sector unions over sick days, and numerous back-to-work bills. But to not even mention the history of the movement and the gains made, whether it’s with occupational health and safety, weekends, pensions, anything? It smacks of pettiness, and of effacing history – you know, something he gets riled up when it’s a statue of Sir John A. Macdonald, but apparently not the Winnipeg General Strike.

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