Tag Archives: Justin Trudeau

Roundup: A notice of appeal before a pause

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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: Clear and concise, to counteract Poilievre

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Earlier this week, to accompany the release of their Monetary Policy Report, the Bank of Canada released a sixty-second clip over social media to explain their assessment of the state of the Canadian economy in plain language. And it was great.

This kind of communication is essential, especially now, for the Bank because of the level of noise and misinformation that is being promulgated, particularly by certain members of Parliament who have made it their mission to politicise the work of the Bank, as they spout facile talking points about the current state of inflation that have zero bearing on the actual causes. And if it’s not Pierre Poilievre, my reply column is full of chuckleheads who think they know better, and inflation truthers (which are the gods damned worst). So yes, this kind of clear, simple-to-digest communication is especially needed by the Bank, much like the Cases in Brief have become an essential form of communication from the Supreme Court of Canada. This is a great initiative from the Bank, and hopefully we’ll see more like it in the future.

On a related note, former Bank of Canada governor David Dodge says that the current governor is on the right track with the economic recovery and where inflation is going, so if you needed an additional vote of confidence that they know what they’re doing, there you have it.

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Roundup: A refreshed Cabinet for a new parliament

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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: Taking his sweet-ass time to meet caucus

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The Liberals are starting to get restless – members of caucus are feeling put out that they haven’t actually had a formal caucus meeting yet post-election, and many of them are champing at the bit to have a closed-door drag out session about what went wrong in the election, and why their own leadership seemed unprepared for it when they called the blood thing in the first place. And telling the Hill Times that they want to know why the party leadership is taking their “sweet-ass time” to call this meeting was the icing on this particular cake.

I’m having a hard time fathoming why it’s taking Trudeau and company so long to get their collective acts together post-election. They made a whole song and dance about how urgently they needed to act while on the campaign trail, only for them to turn around and take said sweet-ass time in both finalising the Cabinet shuffle (and no, the recounts do not account for how long the delay is) as well as their decision to further delay summoning Parliament – and even his planned international travel does not excuse this. They could have had Cabinet sworn in before the Governor General went on her state visit to Germany, and could have summoned Parliament this week, in advance of Trudeau’s planned travel. That would have given them actual time to get committees up and running, and legislation in the system – particularly around the changes to the pandemic benefits – as soon as possible, as opposed to the current trajectory of a three-week sitting that will accomplish very little before they head back to their ridings for the Christmas break.

Additionally, not having a proper caucus meeting by now has reached the point of disrespecting their own MPs. They have things they want to say after the campaign trail, and they should be able to say it – that’s how this system works. It’s a very bad signal that they are being kept away from the leadership like this, because even aside from it betraying all of Trudeau’s talking points about being open and accountable within his own party, that kind of thing will start to fester if it’s not taken seriously. I’m not sure that’s a situation Trudeau wants to go out on in his final tour-de-force as leader.

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Roundup: The $3.5 million witch hunt finds no witches

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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: Performative consultations by the PM

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It is performative consultation season, and lo, prime minister Justin Trudeau held meetings with Erin O’Toole, Jagmeet Singh and Elizabeth May yesterday, and the versions of the conversation released by readouts from both the PMO, O’Toole and Singh’s officers were…quite something. (Thread here). O’Toole demanded an end to CRB and an end to the “wedge politics” around vaccines, while Singh demanded CRB continue, and for the government to drop future appeals of litigation around First Nations children. Both were play-acting tough in their readouts, even though Singh is but a paper tiger. Trudeau’s readouts, meanwhile, were similar and bland, listing the already circulated “priority” items he wants to address right away (and yet is delaying recalling parliament), with no indication of what the other parties said, or if any kinds of agreements were reached.

Something that did come out of the readout with Singh was that Trudeau is in favour of continuing hybrid sittings, and Pablo Rodriguez’s office confirmed that, which is really, really disappointing and frankly mind-boggling. We are not in the same phase of the pandemic, and we are in a place where, with mandatory vaccination and masking, MPs can all safely attend parliamentary duties in-person, end of story. Carrying on hybrid sittings – which only the Liberals and NDP favour – are frankly unjustifiable, given the human toll that the injuries take on the interpreters, and the incredible amount of human and technical resources that they consume (and which have starved the Senate of necessary resources because the Commons gets priority). And just imagine telling the interpreters that they have to keep being subjected to injury because MPs are too gods damned selfish or lazy to do the jobs they’ve bene elected to do. Parliament is an in-person job – it depends on building relationships, which happens face-to-face. Hybrid sittings were 100 percent responsible for the last session devolving into complete toxicity, and if you don’t think that congeniality matters, remember that things don’t get accomplished without it. Those five months of procedural warfare didn’t happen in a vacuum. Saying they want hybrid sittings to carry on is both irresponsible and corrosive to parliament as a whole. There can be no justification for carrying them on.

Meanwhile, in case you thought it was just opposition parties making demands of the government before parliament is summoned, we have plenty of civil society groups calling for the paid sick leave for federally-regulated employees to happen immediately (erm, not how the legislative process works, guys), decriminalisation of illicit drugs, and for refugees and undocumented healthcare workers to be allowed access to a programme that would grant them permanent residency status.

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Roundup: The admiral needs to take the hint

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Things are looking pretty dire for Admiral Art McDonald, the former-ish Chief of Defence Staff, whose little tantrum last week in writing a letter to the general and flag officers to demand his job back (not that they could do anything about it) is looking more and more impolitic. Why? Because the military police are now pushing back to say that he wasn’t “exonerated” as McDonald claimed in his letter, but rather that there was insufficient evidence to lay charges, which is not the same thing as the allegation being unfounded. And McDonald’s accuser is speaking out publicly and pointing to witnesses to the incident, which the military won’t say whether they were interviewed or not as part of their investigation. Nevertheless, the incident makes it even clearer that McDonald doesn’t understand civilian control and doesn’t have the character and temperament necessary to guide the Forces through this particular period of culture change, and it’s better for him – and everyone else – that he get the hint and retire before consequences follow from that letter.

Meanwhile, it seems that the former commandant of the Canadian Forces School of Military Intelligence is serving as a staff officer in Ottawa after being relieved of his command following an investigation into allegations of inappropriate conduct, which signals that there aren’t consequences if people simply get moved around.

Interested observers are wondering what is taking the government so long to take more action on what is going on with the senior ranks in the military, or to formally make General Wayne Eyre the permanent Chief of Defence Staff, formally taking McDonald’s reinstatement off the table (though he should have taken the hint when Eyre got promoted to full general). There is speculation that they are waiting for the Cabinet shuffle, but one would think that they’d want to make changes now, so that a fresh minister won’t have to come in and do the cleaning out on his or her first day rather than letting Sajjan do it now, and let his successor come in fresh. But that might require this minister and this government to have a modicum of self-awareness, and which would be your answer as to why they haven’t.

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Roundup: A delayed return

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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: A surplus thanks to federal funds

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Something jumped out at me yesterday while doomscrolling, which was New Brunswick crowing that they have a bigger-than-expected surplus thanks to all of the additional federal dollars that were sent to the province because of the pandemic. And it stuck in my craw a bit – provinces have been crying poor when it comes to healthcare dollars and around doing things like improving long-term care, and then they turn around and pat themselves on the back for running surpluses as a result of federal dollars. It doesn’t quite add up.

The fact that certain provinces have been using federal pandemic dollars to pad their bottom lines is a problem for Confederation, particularly as these very same provinces are demanding that the federal government turn over even higher healthcare transfers, and justifying it with historically inaccurate talking points about the original share of healthcare spending without also recognizing the other agreements made in the late 1970s. The current federal government is certainly willing to spend the money, but they have also learned that they don’t want to get burned by it like previous governments have. Recall that when the health transfer escalator was at an unsustainable six percent per year, provincial healthcare spending growth was in the low two-percent range, meaning those additional dollars were spent on other things that did not improve the healthcare system. Similarly, when Stephen Harper tried to buy peace with Quebec and sign a huge cheque to correct a fictional “fiscal imbalance,” the provincial government turned around and cut taxes, which wasn’t the intent of said funding, and yet it happened.

It’s with this in mind that Trudeau has promised that there will be strings attached to future health transfers, and he laid out what many of those strings will be in the campaign, whether it’s hiring targets for doctors and nurses, or minimum salaries for long-term care workers. And yes, premiers will bellyache about it, and the opposition parties will take up those cries in the House of Commons, but we have seen repeatedly over this pandemic that the provinces will demand money and then not spend the money they do get. Time for some accountability for dollars – because it’s all coming from the same taxpayer in the end, regardless of which level of government is trying to make their bottom line look better.

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Roundup: Unvaccinated MPs should stay home without pay

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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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