Roundup: Glover says she’s the premier

It was quite a day in Manitoba yesterday as Heather Stefanson was sworn-in as the province’s first female premier, but the leadership drama isn’t over. Her challenger, former federal Cabinet minister Shelly Glover has not conceded defeat, and plans to challenge the leadership election in court, citing irregularities and reports that Stefanson’s scrutineers looked defeated at one point of the counting and then something allegedly mysterious happened to a ballot box…or something. I’m having a hard time keeping track of it. Regardless, Glover insists that she’s really the premier, not Stefanson.

One could be very pedantic here and note that Stefanson has been sworn in, so she’s premier regardless. Her immediate predecessor, Kelvin Goertzen, was not chosen in a leadership election by caucus as interim leader, and he was fully and legitimately premier, even if it was only for a few weeks (and yes, he’s going to get a portrait in the legislature to reflect that status). So no, Glover is not premier, and even if by some miracle she were declared party leader (which won’t happen – the courts won’t get involved in the inner workings of a political party), Stefanson is still premier and will be until she resigns or is dismissed.

https://twitter.com/StephanieCarvin/status/1455671852647559168

But on a broader point, Glover has always been a very problematic politician, stridently repeating talking points in the face of logic and evidence, and getting combative when challenged on her bullshit, particularly as she seemed to lack the critical reasoning skills to think through her positions. And this attempted court challenge is her combativeness and willingness to believe illogical or contrary things playing out in the very way she demonstrated during her nine years in federal politics (two of which were as a minister). And Glover had her own run-ins with Elections Canada, and at one point Elections Canada asked the Speaker to suspend her because of financial irregularities during an election (which were later resolved with revised filings that Elections Canada accepted, Glover terming them an “honest mistake.”) One has to question her fitness to lead given her history and temperament, but I’m not a member of the party.

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Roundup: Mark Holland is optimistic

New Government House Leader Mark Holland is brimming with optimism that the things that paralyzed the previous session of Parliament will be behind them post-election. It’s a nice idea, but I wonder just how it will actually play out. Yes, the Liberals have broken some of the deadlocks that plagued them (a fact that they didn’t articulate during the election, even when pressed on the subject), and they have a bit of leverage now in that none of the other parties can even contemplate another election anytime soon – the Conservatives are consumed with internal disputes over vaccine mandates and just when they plan to put Erin O’Toole to a leadership review, and the NDP are very broke having spent record amounts of money to gain themselves a single new seat, and the Bloc have no desire to go back to the polls, particularly since their play to be François Legault’s voice in Ottawa didn’t play well for them in the election. This will allow the Liberals to play some hardball and use confidence to their advantage for the time being.

But in spite of this, I would not put it past any of the opposition parties to engage in some of the other shenanigans that got us the election, whether that is tying up the committees in interminable attempts at witch hunts, or drowning in document production requests – and that may yet still happen. The election did end some of that, but much of it could very easily be revived once the committees are back up and running (likely in the New Year).

“There was a very clear message sent to all parties that there’s an expectation that we work together, and I’m operating on the presumption that we will have all heard that message and that we all come ready to work and to collaborate in a constructive and positive way,” Holland told The Canadian Press.

I’m not sure that such a presumption is a good one to make. There was an expectation that all parties should work together during the pandemic, and while they did a bunch of backroom negotiations around emergency legislation – and kept any of the debates off-the-record – they stalled all other bills until the very end, when the NDP and Bloc realized they needed to start playing ball again. I’m not sure what the appetite for playing ball will be on most bills, or whether the political calculus will be to try and stymie the Liberals once again (which could lead to showdowns over confidence). I wish Holland all the luck in the world on this, but I suspect he may start losing the hair he has left because the current state of our parliamentary discourse is pretty toxic, and things like the Liberals’ desire to keep hybrid sittings going will only exacerbate that problem.

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Roundup: A notice of appeal before a pause

It’s not wholly unexpected that the federal government filed the notice of appeal on the Federal Court decision around the Canadian Human Rights Tribunal order around First Nations children. No sooner did all of the television news rush to get Cindy Blackstock on camera when another notice went out by the government – that they had reached an agreement to pause said litigation while they sit down with stakeholders in this court case, as well as with two other related class-action lawsuits, and hammer out a deal by December 1st.

There are a few thought around this. The first is that this should have been expected because the real crux of the issue if the Tribunal’s order rather than the compensation itself. The government has committed to spending the money – and there are billions of dollars at stake – but any tribunal that exceeds its statutory authority is something that any government, no matter the stripe, will want to challenge because they don’t want to set a precedent where the Tribunal continues to exceed its authority, and in this case, turns itself into some kind of roving commission of inquiry. (I wrote all about this issue previously here). The notice of appeal spells this out pretty clearly, and while one judge at the Federal Court may have disagreed, he’s certainly not the court of last instance (and frankly, I would rather hear from some of the judges on the Federal Court of Appeal when it comes to matters of administrative law – as with this Tribunal – than I would this particular judge). And while a number of self-righteous reporters demanded to know why the government couldn’t just pay the amount and sort out the issues later, I’m pretty sure that litigation doesn’t work that way.

My other thought is that it looks a lot like the notice of appeal was more out of a need for the government to keep their options open as the negotiations continue, particularly given that it was filed as late as it was, followed immediately by the press conference to explain what was taking place. Frankly I don’t buy the “they filed it at 4:30 on a Friday to bury it” because it wasn’t exactly buried when it dominated the politics shows and is the top story on every news site in the country. That’s not burying something, especially when they have a captive audience. This being said, I’m still don’t think that this government has communicated the issues very effectively (particularly the issue around the Tribunal exceeding its authority), and that’s compounded by the fact that the media writ-large has shown itself to be fairly incapable of writing a legal story with any nuance or complexity, and rely on both-sidesing it with a clear bias toward taking Blackstock’s word as the authority, and by conflating a number of different issues and completely blurring the timeline of the different orders from the Tribunal. This isn’t a black-and-white issue of taking kids to court – but you wouldn’t know it if you only paid attention to what gets reported.

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Roundup: O’Toole continues to sit on the vaccine fence with caucus

Erin O’Toole continues to try and have his cake and eat it too when it comes to ensuring his MPs and senators are fully vaccinated in order to attend Parliamentary sittings. But in his desire to sit on the fence and play both sides, he may have inadvertently shown his hand. After the party’s big caucus meeting in Ottawa yesterday, O’Toole announced that caucus “agreed to respect and abide new rules which require Parliamentarians attending in the House of Commons and Senate to be vaccinated.” But he still planned to raise the point of privilege about the Board of Internal Economy decision, because of course.

But.

It seems that he tripped himself up in French, and spelled out that the plan was for those who “participate in person,” which is a pretty big loophole for the holdouts in the caucus. And yet, O’Toole and his caucus continue to oppose hybrid sittings (as well they should), so anyone who doesn’t show up shouldn’t be allowed to participate virtually either – unless this is yet another case of having his cake and eating it too. “They can’t show up, but they have the option of hybrid, so I guess we’ll allow them to participate that way!” with a show of feigned helplessness to the situation. And we still don’t know how many MPs or senators this affects (though the Senate has not yet issued its own vaccine mandate yet), so it could be three or four, or it could be twelve or fifteen, especially as there appear to be vaccinated MPs who refuse to disclose the fact because they don’t want to appear to their anti-vax constituents like they sold out. So this is where O’Toole finds himself. It’s still a losing battle because any privilege complaint will be voted down by everyone else in the Chamber, even if they try to drag it out until the New Year. And all the while, O’Toole continues to look like he’s pandering to the party’s worst elements rather than standing up to them and demonstrating actual leadership.

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Roundup: A refreshed Cabinet for a new parliament

So, that was the big Cabinet shuffle. It was extensive, and we saw three ministers dropped entirely (not the first time), a few promotions, a few demotions, and a lot more hybrid and chimeric ministries which will make governance a challenge to say the least. Nevertheless, here we are. Some observations:

  • This was not a new Cabinet or ministry – this was just a shuffle. It’s also not a third term or mandate, because we don’t have those in Canada – it’s the third parliament that the current ministry has spanned.
  • Marc Garneau’s exclusion from Cabinet has fuelled rumours he’s about to become ambassador to France. My presumption is that Bardish Chagger’s exclusion is because she is going to be the new Whip, as the old Whip and his deputy are now in Cabinet. Jim Carr’s departure may be health-related.
  • After Trudeau had rather bravely centralized all of the economic development agencies under one roof and didn’t have them beholden to local ministers and the corrupting influence that offers, he has relented and re-established the practice of regional economic development ministers again, and undone the work of trying to clean up the mess they create.
  • The most important portfolios – finance, defence, foreign affairs – are now all held by women. Anita Anand is the second woman defence minister in Canadian history (the first being Kim Campbell), and her background as a law professor specializing in governance can only help in a role where there has been a crisis in civilian oversight. As foreign affairs minister, Mélanie Joly will have to deal with the tensions between the US and China (and our general lack of a coherent foreign policy).
  • Splitting up Public Safety and Emergency Preparedness was a good and necessary thing; giving Bill Blair emergency preparedness and not public safety is an even better thing because Blair was essentially at risk of capture in the role as a former police chief (with a questionable record around actions of the Toronto Police during the G20 to boot).
  • There are nine new faces in this configuration of Cabinet, and more diversity – the first Black woman since Jean Augustine, the first out lesbian minister, and the queerest Cabinet in Canadian history.
  • Putting Steven Guilbeault in environment may yet be a huge disaster given how badly he mismanaged Bill C-10, but Jonathan Wilkinson in natural resources will likely mean a steadier hand on some of those files where the two overlap.
  • Carving off an associate health minister portfolio for Carolyn Bennett to deal with addictions and mental health is a bit of a throwback to when she was the first minister of state for the newly-created Public Health Agency of Canada, back in the Paul Martin era. Jean-Yves Duclos in health – an economist who did a lot of work on poverty reduction – means he’s not going to be fooled by provinces trying to get more money out of the federal government that they plan to spend elsewhere.
  • Trudeau says he plans to lead the Liberals in the next election, but I’m not sure I believe him, and of course he’d say that now. He wouldn’t actually say he plans to leave until it comes time to do so, lest he turn himself into a lame duck without any moral authority to get anything done.

And now, the talking heads. Aaron Wherry hears from a Senior Liberal Source™ that the message of this Cabinet is the need for urgent delivery of promises. Heather Scoffield makes note of the activists leading the environment and housing files. Jason Markusoff highlights the squirming that Jason Kenney and others are doing now that Steven Guilbeault is the environment minister. Althia Raj sees some attempted legacy-building in Trudeau’s choices.

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Roundup: A desperate Kenney paints yet another false picture

In the wake of the final report of the Committee on Un-Albertan Activities, Jason Kenney and his band of flying monkeys have been spending their time putting out blatantly false readings of what was in the nothingburger of a report. And more to the point, we’ve had a number of columnists from a certain newspaper chain write more of the kind of propaganda that Kenney has been spinning. To wit:

Of course, Kenney doesn’t have much left going for him. He’s had his bullshit referendum (final results coming Tuesday), his bogus Senate “election,” his inquisition has ended, his “Fair Deal Panel” has reported its load of nonsense, and Kenney’s own numbers, meanwhile, are in the dumps and if an election were held in Alberta right now, the NDP would win by a significant margin of seats. So, of course Kenney is going to retreat to his usual tactic of lying about things to make himself look like the hero in this. But man, it’s getting hard to take any of this seriously, even though we have to because he has a legion of followers who believe all of it and he’s riled them up and made them angry about all kinds of manufactured grievances. Hard to see how any of this will end in a way that won’t be bad for everyone.

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Roundup: The $3.5 million witch hunt finds no witches

In Alberta, the Committee on Un-Albertan Activities – err, Allan Inquiry – released its final report, a year late and millions of dollars over-budget, and it concluded that there was no illegality or nefarious activity with regard to environmental groups who may have received some funding from international donors when it comes to opposing the oil sands and other oil and gas activities. Dollars that went toward campaigns against the energy sector were fairly minor, and had little-to-no impact on projects not moving forward (because market forces did the job just fine, thank you very much). In other words, the province spent $3.5 million on this joke of an inquiry, and tried to claim it was money well spent, because the government is nothing more than a total clown show.

And then there were the lies – the minister insisted that the inquiry was never about finding illegality (untrue – there are receipts), and Jason Kenney outright lying about what the numbers in the report stated, because he needs to try and spin it in the worst possible light to both justify the exercise, and to continue trying to point the populists he stoked in a direction other than his.

https://twitter.com/charlesrusnell/status/1451353269708603397

https://twitter.com/charlesrusnell/status/1451353273781293094

Meanwhile, prime minister Justin Trudeau is pouring cold water on Kenney’s referendum rhetoric, reminding him that a provincial referendum is not an amending formula for the constitution – seven provinces representing fifty percent of the population is. More to the point, Kenney sat around the Cabinet table when the current equalisation formula was last amended, so he can’t claim it’s unfair as he’s the one who helped put it into place. Because seriously – claiming it’s unfair because Albertans pay the same federal taxes as everyone else is just political bullshit masquerading as a grievance, even though it’s a grievance that has largely been created for the sole purpose of driving populist anger.

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Roundup: A delayed return

We have a date – well, two of them. Justin Trudeau announced yesterday morning that Cabinet would be shuffled on October 26th, and that the House of Commons would return on November 22nd, which is ridiculous. After an election where Trudeau kept punctuating the “urgency” of a number of files, some of them COVID-related, and with a list of priorities to take care of in his first 100 days of the new parliament (apparently that clock doesn’t start ticking until Cabinet is sworn in), the decision to delay the return of Parliament for two months after the election is egregious – especially because this is a hung parliament where the confidence of the Chamber should be tested at its earliest opportunity, and two months later is not that.

I am generally pretty forgiving of the fact that it can take our government longer to get its act together post-election – as compared to the UK, where they have nearly twice as many MPs – but they can get a new government sworn in and a new Parliament started within three weeks of an election. But it should not have taken Trudeau this long to deal with this shuffle as it has, even if one or two Cabinet contenders had to deal with recounts. And yes, the government dispatched the Governor General on her first state visit abroad this week, but that again was his choice, and he could have either delayed that trip, or announced the Cabinet before she left the country.

More to the point, this reduces the fall sitting of the House of Commons to a maximum of four weeks, but you can bet that in practice, it’ll be less than three. Committees won’t really get up and running, and sure, he may introduce a number of priority bills, but they will see precious little debate in that time. What we will get are the Address in Reply to the Speech From the Throne, and probably the Fall Economic Update, plus a number of Estimates votes, which will be rushed through without any actual scrutiny (they may get some modicum of scrutiny on the Senate side), but I’m not sure we’ll even see the Budget Implementation Bill for said economic update making it past second reading unless it is bullied through at all stages under the threat that emergency rent and wage subsidies will expire without passage. It’s undermining democratic norms for the sake of expediency, and that is the last thing we want to be encouraging any government in engaging in, regardless of stripe.

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Roundup: Unvaccinated MPs should stay home without pay

It has begun – Conservative MPs warning that there will be a privilege fight if they don’t get to come to work in the House of Commons unvaccinated. This time it’s Mark Strahl, who was the party whip in the previous session, and he thinks that they should be allowed to attend if they submit to rapid testing, which is not a prophylactic against COVID. And a privilege fight is nonsense, of course – it’ll be the MPs themselves who set the rules that you need to be vaccinated to be in the Chamber (or possibly in the entire Precinct) – and by then, the rules around needing to be vaccinated to board a plane or train should also be in force. And if Conservatives on the Board of Internal Economy want to protest this rule, they’ll be outvoted, and that’ll be it. And if he brings a privilege motion to the House, the majority there can vote it down as well. There is no winning hand for anti-vaxxer MPs here.

The real question here is whether the other parties will bow to some sort of accommodation scheme, like letting unvaccinated MPs stay home and attend virtually – something I think should be opposed (the Bloc is already opposing it) because Parliament doesn’t work well in a hybrid setting. We tried it, and it was terrible. And frankly, MPs should also insist that those who refuse vaccination should not only have to stay hope – and not participate virtually – but should lose salary as well.

Parliament is an essential service, and they have a lot of work to do, and catering to a small percentage of conspiracy theorists and malcontents is only going to prolong this pandemic, and continue to overburden our healthcare system and create a lost generation of youth who will have missed out on opportunities. MPs are supposed to set an example – that starts with doing the responsible thing and being vaccinated.

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Roundup: Counting down to Kenney’s referendum

Alberta is a little over two weeks away from Jason Kenney’s bullshit “referendum” on equalisation, which won’t actually accomplish anything, but will send his rhetoric into overdrive. (This is also when he will be holding his equally bullshit “Senate nomination election,” which is also blatantly unconstitutional, but that is a rant for another day, and I’ve filed numerous columns on the topic already). This referendum will do nothing about equalisation – it won’t do anything about amending the constitution, and if he thinks he’ll bring the federal government to the table to renegotiate the terms of equalisation, Justin Trudeau will once again remind Kenney that he was sitting at the Cabinet table when Stephen Harper and Jim Flaherty imposed the current formula. It’s a waste of time and money, all in the service of Kenney trying to continue to drum up anger at Ottawa as a way to distract the province from his own record of failure.

Meanwhile, here is Andrew Leach with a few thoughts:

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