Roundup: What free market mechanism?

The Conservative reaction to the imposition of a federal minimum carbon price has been fascinating, in part because of just how counterfactual it would be to how an actual conservative party would behave. You would think that an actual small-c conservative party would believe in market principles and would think that imposing price incentives (the carbon price) would be great because it would force the market to innovate to reduce the costs associated, hence reducing the carbon emissions in the least onerous way possible with the costs being fully transparent.

But no. We don’t actually have a small-c conservative party in this country, we have right-flavoured populists who would rather rail about “taxes on everything” and give sad homilies about how hard done by the workers of this country are, and how carbon taxes are just letting millionaires claim tax credits on the backs of the ordinary people of this country. No, seriously – these are things that the Conservatives have said in QP. And Rona Ambrose then goes on TV and says that the government should be regulating major emitters in a way that won’t cost consumers (never mind that regulations are the most costly mechanism available and it simply hides the true costs). It’s mind-boggling.

And so we now have all but one leadership candidate railing about carbon taxes, and the only one who agrees with carbon pricing, Michael Chong, insists that this is the wrong way to do it, that it should be revenue neutral for the taxpayer (never mind that provinces could institute that if they want, but they are given the flexibility to do with as they choose). Meanwhile, Paul Wells takes a torch to Lisa Raitt’s overwrought homilies about the poor people suffering under carbon taxes, and applies a little math to the analysis, which doesn’t fare well for Raitt. Likewise, Andrew Coyne laments the lack of a serious discussion on carbon pricing as the cheapest and least onerous way to reduce emissions. But this is currently the state of conservative politics in this country.

Continue reading

Roundup: Say no to a Charter Rights Officer

The Canadian Civil Liberties Association is leading a push for the creation of an independent Charter Rights Officer for Parliament, and that sound you hear is my head hitting my desk over and over again. Because no. We don’t need yet another officer of parliament. We really, really don’t.

What we need is for MPs – particularly the opposition – to stand up and actually do their jobs, rather than fobbing off their homework onto yet another officer, who is accountable to nobody, whose reports they can then wield like some kind of a cudgel while not actually fulfilling their own responsibilities as parliamentarians (which, I will remind you once again, is to hold the government to account). The proliferation of officers of parliament has so diminished the capacity of the opposition to do their gods damned jobs in this country that it’s embarrassing, and since the inception of the Parliamentary Budget Office, it’s only become so much more egregious because now they can ignore the Estimates cycle entirely (despite controlling the public purse being the inherent definition of what MPs are supposed to do, and how they hold governments to account).

Oh, but it’s hard! Oh, but why not cede this to subject matter experts like lawyers and judges? Oh, why don’t we just start pre-referring all bills to the Supreme Court of Canada while we’re at it and turn the dialogue between the Court and Parliament into a game of “Mother May I?” Honestly, would it kill MPs to actually debate policy, which Charter compliance is a big part of? Parliament has responsibilities to fulfil. Why don’t we actually make them do their jobs rather than finding yet another excuse for them to avoid doing it?

https://twitter.com/emmmacfarlane/status/780387082682458112

https://twitter.com/EmmMacfarlane/status/780387432789401600

https://twitter.com/EmmMacfarlane/status/780396554620469249

https://twitter.com/EmmMacfarlane/status/780400062300090368

Continue reading

QP: Overwrought cheap outrage

The Prime Minister having met with the Chinese Premier earlier in the day, he and the other leaders were now ready to go. Rona Ambrose, mini-lectern on desk, gave an overwrought tale of a single mother worried about losing her house and reading about the moving expenses of PMO staffers. Justin Trudeau noted that the rules were followed, and the PMO overall was smaller than in the Conservatives’ day. Ambrose launched into a somewhat misleading tirade about all of the things they government cancelled for families (conveniently ignoring the enhanced benefits that they replaced those programs with), and Trudeau thanked her for reminding Canadians about their helping the middle class. Ambrose went again another round in French, got the same answer, and Jason Kenney took over to lament policy changes in Alberta to denounce a “job-killing carbon tax.” Trudeau reminded him that he’s in Ottawa, not Alberta, and that farmers were pleased with the settlement of the canola issue with China. Kenney then gave one last go at trying to declare ISIS to be a genocide, and Trudeau chided him for political grandstanding on such an important issue. Thomas Mulcair got up next, and accused Trudeau of being a dictatorship apologist with respect to an extradition treaty with China. Trudeau noted that this was about a dialogue that allows them to bring up difficult cases, and they would not bend their principles for anyone. Mulcair went another round in French, got the same answer, and then moved onto the Site C Dam in BC. Trudeau noted the commitment to a renewed relationship with Indigenous communities, and when Mulcair pressed, Trudeau kept insisting that they were respecting and consulting.

Continue reading

QP: Doomsaying and expense obsession

Caucus day, and with Trudeau back from the UN, we had a full leadership deck today (minus Elizabeth May, who is travelling with the electoral reform committee). Rona Ambrose led off, mini-lectern on desk, doomsaying the economy and the looming catastrophes of a carbon tax and a CPP increase. Trudeau reminded her that they have lowered taxes for the middle class and noted that the previous record of not raising them on the wealthy didn’t work. Ambrose moved to the possible extradition treaty with China and that country’s human rights record. Trudeau noted that the dialogue they have established means they can raise difficult questions as well as investment opportunities, while they won’t lower the standards on extraditions. Ambrose worried about Chinese cyber-attacks, and Trudeau noted again that the dialogue allows them to raise difficult issues. Ambrose asked about the extradition treaty again in French, got the same answer, and ended her round asking about a peacekeeping missing in sub-Saharan Africa. Trudeau noted the responsibility that Canada has to the world, and said that they were considering the mission carefully in order to determine what the mission would be, but assured her they would be transparent. Thomas Mulcair was up next and demanded a vote on a peacekeeping mission. Trudeau noted this appreciation for the capacity of parliamentarians to raise issues, but didn’t deliver the necessary civics lesson about why a vote would undermine the role of the opposition. Mulcair touched on the extradition treaty with China, got the same answer that Ambrose got, and Mulcair moved onto a pair of questions about the climate targets not being more robust than those of the Conservatives. In both cases, Trudeau reminded him of their commitment to working with the provinces as they agreed to price carbon.

Continue reading

Roundup: Don’t take conventions to court

A group of East Coast lawyers has decided to launch a court challenge about the possibility that the government might appoint a new Supreme Court justice that is not from Atlantic Canada, and my head is already hitting the desk because while you can conceivably argue that the regional composition of the court may very well be a constitutional convention, by that very same argument, a constitutional convention is non-justiciable, so you can’t actually take it to court.

https://twitter.com/emmmacfarlane/status/777960468979785729

https://twitter.com/emmmacfarlane/status/777960878251581441

So, to recap, until an appointment is actually made, the whole quixotic venture is premature. Constitutional conventions are politically enforceable but not legally, in part because we don’t actually want people to constantly take the government to court when they lose at politics (which already happens too much – and it’s almost as bad as writing to the Queen when you lose at politics). There was a court case not too long ago when Democracy Watch took the government to court because Stephen Harper went to the Governor General to call an early election despite the (useless) fixed-election date legislation having been enacted, and the courts dismissed it because prerogative powers are constitutional conventions (and while unwritten, are nevertheless still part of our constitutional framework).

And don’t get me wrong – I do think there is a very good case that the regional composition is a constitutional convention because it reflects the federalist principle that is necessary to give its decisions the political legitimacy necessary to be the arbiter of jurisdictional disputes in this country, and that is a pretty big consideration. But the courts are probably not the best place to solve this issue. Having the Atlantic premiers write the Justice Minister to warn her about breaching the convention is probably a better course of action, as would having backbench Liberal MPs from the region expressing their displeasure (though, for all we know, they may already be doing so behind closed doors in the caucus room). And a public campaign that lays out this argument (as opposed to just one centred around it being unfair or about maligning the political correctness of trying to find a new justice that better reflects certain diversity characteristics) wouldn’t hurt either. But this group of lawyers should know better than to try and make a non-justiciable issue justiciable.

Continue reading

QP: Genocide and refugees

Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

Continue reading

QP: Demanding details of a deal not done

Another busy day on the hill, and while Trudeau had been in the Commons first thing to make another statement on the Fort McMurray situation, he was back for more as QP got underway. Rona Ambrose led off, mini-lectern on neighbouring desk, and asked for reassurance that infrastructure funding to rebuild Fort McMurray would be top priority. Trudeau assured her that yes, this was indeed a priority. Ambrose read the exact same question again in French, got the same answer, and then asked about the details for a bailout for Bombardier. Trudeau reminded her that the negotiations were ongoing, and that they expected a strong long-term business case. Denis Lebel then repeated the question in French, got the same answer, and for his final question, Lebel demanded that they government allow the Billy Bishop airport expand to let Porter also buy C-Series jets. Trudeau responded that they were not going to re-open the tripartite agreement around the Toronto waterfront. Thomas Mulcair was up next, and demanded criminal prosecutions for KPMG tax havens, and Trudeau reminded him that they were working to combat tax evasion. Mulcair repeated the question, got the same answer, before Mulcair moved onto the Canada Post review and not immediately restoring home mail delivery. Trudeau said that they committed to studying the issue and understanding how to give Canadians a better level of service. Mulcair asked the same again in English, skirting the rules around the use of the word “lying” in the chamber. Trudeau reiterated that they were putting in the time that the previous government didn’t in order to ensure Canadians got the right level of delivery.

Continue reading

Roundup: A pointless procedural dust-up

The shine has come off around the medical assistance in dying bill, as the government decided that enough was enough, and it was time to send it to committee. So they invoked time allocation, and not surprisingly, there was all manner of outcry about how terrible this was, and Conservatives like Jason Kenney equivocating, insisting that they never employed time allocation on such sensitive life and death matters as this (ignoring things like safe injection sites or laws around prostitution as also being life and death matters for those that it affects). Kenney’s later assertions about what this bill will do were also…fanciful to say the least.

https://twitter.com/dgardner/status/727954797190479872

I will say that I have little sympathy for MPs who railed about the government cutting off debate, after two nights of midnight sittings and over 84 MPs having spoken to the bill. This is second reading debate, which is the principle of the bill. And I’ve listened to enough speeches to know that they all basically say “this is a very personal issue,” and “What about palliative care?” with minor variations throughout. The concern trolling about the conscience rights of doctors is also in there, never mind that this is a bill dealing with the criminal code and that issue is one for the provinces who deliver healthcare and the provincial certification bodies for physicians. There remains committee stage debate – which is the real meat of the bill – report stage once it comes back, and third reading debate. If MPs still have things to say, there remain plenty of opportunities, and the government also pointed out that some MPs had been up to speak several times on the bill, meaning that there couldn’t possibly be that many more MPs who needed to speak. And if you’ll forgive my particular cynicism, how many more times do we need to hear MPs read those same sentiments in the record over and over again? The government was already generous in the amount of time it gave to debate second reading – accusing them of somehow stifling debate or invoking closure were both patently wrong and false. And so, once all of the procedural wrangling and grousing was done, it passed second reading by a wide margin. Liberal MP Robbie Falcon-Outlette was the sole member of that party to vote against, and he went on Power & Politics to make a bunch of patently false equivalences between this bill and the suicide crisis in places like Attawapiskat, with a host of intellectually dishonest arguments strewn along the way. The bill also began pre-study in the Senate, where I expect it will get a much tougher ride, and there remains a very real chance that even if the bill passes the Commons unscathed that it will not do so in the Senate, and that it may not pass by deadline.

https://twitter.com/cmathen/status/727990740576403456

Continue reading

QP: In the shadow of Fort McMurray

After a number of press conferences and stats on the situation in Fort McMurray, there was a bit of a somber mood in the House. It was also Star Wars Day (“May the 4th be with you”) so there’s that.

Continue reading

QP: What AG report? 

Tuesday QP, and with the Auditor General’s report out, there was the possibility of some juicy questions. Then again, given that most of what he examined happened under the Conservatives’ watch, their questions may not be as juicy. Rona Ambrose, mini-lectern on neighbouring desk, led off by referencing Morneau’s flippant “stuck on the balanced budget” thing, but in her framing of Trudeau being absent the day before, Trudeau first praised the Invictus Games, before pivoting to praising his government’s plan for the middle class. Ambrose asked a philosophical question about whose money Trudeau thought it was spending, and he retorted with rhetorical questions about whether it was reckless and irresponsible to lower taxes on the middle class. Ambrose lamented that the increased spending has to be paid back, and Trudeau parried by noting how much the previous government increased the federal debt. Denis Lebel took over in French, and Trudeau listed the many infrastructure and transit projects committed to in places like Montreal and Edmonton. Lebel insisted that the Conservatives we respecting provincial jurisdiction while balancing the budget, but Trudeau returned to Harper’s debt figure. Thomas Mulcair led off for the NDP, thundering about diafiltred milk and support for dairy farmers. Trudeau responded that they are engaging with the dairy sector, and that they are protecting the industry and Supply Management. Mulcair demanded an investigation into KPMG’s activities, but Trudeau insisted there was no favouritism by CRA. Mulcair demanded again in English, Trudeau replied again in English, and for his final question, demanded action on climate change. Trudeau reminded him that he was once environment minister in Quebec and didn’t get progress on the Kyoto Accords, and that the current government was committed to meeting more stringent targets.

Continue reading