Roundup: C-10 shenanigans have poisoned the well of our parliament

Because things around Bill C-10 couldn’t get any more ridiculous, we now have news stories about Michael Geist getting the vapours about how amendments are being rushed through committee in a “secretive” manner, as though he’s never witnessed a clause-by-clause debate before. And to an extent, what has happened with that committee is the result of a complete breakdown of how it should be operating, forcing the government to impose time allocation on the process – a rare manoeuvre at the committee stage – because it has become so toxic. And with the whips intervening, this turned into essentially a forced meeting that the chair himself objected to, but again, this whole process has become so toxic because of partisan gamesmanship.

First things first ­– Geist’s vapours are more or less melodramatic, because there are still several other opportunities to see what amendments have been agreed to – the final committee report, which goes to Report Stage debate in the Chamber, where the full Commons can vote to accept or reject those amendments. And then there is third reading. If anything, particularly egregious is in there, it can still be caught and amended, and while rare at those stages, it is possible. And then there is the entire Senate process, where they can hear from yet more witnesses in their own committees on the amended version of the bill, and given that this particular iteration of the Senate is far more activist and interventionist, we can bet that there will be more impetus for amendments there (which could force an awkward contest of wills around those amendments given that they’d have to go back to a Commons that has risen for the summer, and at a time when nobody in this city can shut up about election speculation). Nevertheless, the point stands that there are several avenues yet for more amendments to this bill than what happened at the Commons committee.

The bigger point here, however, is that the reason this process became so toxic was because the Conservatives took a fundamentally – nay, existentially – flawed bill, and decided that instead of engaging its actual flaws, they would invent a whole litany of straw men and red herrings, and try to get the country up in arms over fictional provisions that they pulled out of their asses and held them up as effigies to be burned in protest. It’s a bad bill – it never should have placed under the Broadcasting Act because that statute deals with the assumption of the limited bandwidth of TV and radio, and trying to apply it to the internet is largely unworkable. This is a legitimate criticism that should have been debated, but instead, we got this fabrication of an Internet Czar who is going to be vetting your tweets and Facebook posts, and dark visions of Orwellian censorship at the hands of the CRTC, which is not even remotely plausible. But they went full-tilt with this insanity, and just completely poisoned the well of parliament along the way.

The government is not blameless here either – the minister’s communication around the bill has been nothing short of a disaster in English Canada, and his stumbles have been extremely damaging, but he’s been given a long leash because this is playing well in Quebec (where discoverability is a huge vote-getter because they do have difficulty finding Quebec and Canadian content in French – pointing to how the debate on this bill has been hugely built on what I’m going to dub “Anglophone privilege.”) We could have had a constructive debate around this bill. But we didn’t. A mountain of lies was countered by communications incompetence, and after six weeks of absolute shenanigans at committee, the government had enough and brought the hammer down. None of this needed to happen, but apparently we don’t have enough grown-ups in our parliament, and that’s just a sad, sad state of affairs.

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Roundup: Craven for Quebec votes

The day was marked by reflection on the part of political leaders on the hate crime that took place in London, Ontario, that killed a Muslim family, along with vows to do better. Of course, within each of those was their own particular issues. As much as Justin Trudeau insisted that this was a “terrorist attack” before such a designation could be applied by means of police investigation, he also vowed to keep dismantling far-right groups, patting himself on the back for the designation of the Proud Boys as a terror group, even though that really just drove its membership underground. Erin O’Toole steered clear of his party’s recent history of dog-whistling and the absolute histrionics they engaged in around M-103, which you may recall was to have a parliamentary committee deal with the issue of Islamophobia in Canada. (Conservatives and their defenders will point to a similar motion on systemic racism that the Liberals voted down, ignoring that the motion was essentially the parliamentary equivalent of “all lives matter”). Jagmeet Singh loudly wondered how many more attacks needed to happen before the government did something about it, though there are limits to what the federal government is able to do, and they have been putting resources into their anti-racism strategy.

But the part that really reflects poorly on Trudeau is the fact that at his media availability afterward, he was asked if he thinks that Quebec’s Bill 21 (dubbed their “secularism” law but really disproportionately attacks Muslim women) fosters hated or discrimination, and he said no. We’re not sure if he was simply saying no about the hatred part, given that he has called out the discrimination inherent in said bill before – but he also still hasn’t taken any moves to combat it, apparently waiting for it to reach the Supreme Court of Canada before he’ll intervene. Which is more than the other leaders would do (well, Singh has reluctantly said he also might intervene at the Supreme Court if he were prime minister, but that’s after being pressed). Trudeau also mused that perhaps all of the mask-wearing in the pandemic will change Quebeckers’ opinions on religious symbols and face-coverings, but apparently François Legault is not moved. Either way, it’s a sign that every federal leader is way too craven to stand up to Legault on this because they’re all eager for Quebec votes, and that’s pretty gross all around.

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To that end, Susan Delacourt calls out Trudeau, O’Toole and Singh for their refusal to discuss Bill 21 (or in O’Toole’s case, acknowledge their past dog-whistles about “veiled voting” and “barbaric cultural practices tip lines”), and praises the courage of that former PC candidate who acknowledged the racism of his community that he shrugged off at the time.

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Roundup: Misconduct at CBSA? You don’t say!

It was not really a surprise to see the news that misconduct investigations of CBSA officers has increased over the past year – even in spite of travel volumes being down precipitously over the last year – and cases included things like interfering in an immigration process, belittling clients, abusing authority and sharing private information. Partly why this isn’t a surprise for me is because I’ve been tracking some of this for a while – I’ve heard horrific stories from lawyers, and from the Senators who have been pushing for independent oversight for CBSA for years.

That independent oversight still hasn’t happened. There have been numerous bills introduced in Parliament to provide it, and the most successful to date was a Senate initiative to create an Inspector General for CBSA. This was something the Liberals used to be in support of. Ralph Goodale was set to sponsor the bill in the Commons, until he became minister for public safety, then suddenly wouldn’t touch it with a bargepole. When the bill passed the Senate unanimously, no one in the House of Commons dared to sponsor it there, MPs on the Liberal side having been warned away, and Conservatives were certainly not going to sponsor a Senate Liberal bill (and the Bloc and NDP most certainly were not either). The Liberals did introduce a weak sauce version of an oversight bill at the end of the previous parliament, with no time for it to go through, then again early in the current one, which died on prorogation and hasn’t been introduced since. That version would put CBSA under the RCMP’s Civilian Complaints and Review Commission, but for all intents and purposes, CBSA would still be investigating itself, meaning that the oversight is certainly not independent (and the CCRC is having a hard enough time getting the RCMP to sign off on its own complaints, which can’t be formalized until such sign-off).

The political will for this seems to be non-existent, which is strange, considering that the Liberals did reimplement plenty of other oversight for national security institutions like CSIS and CSA, and while some of CBSA’s activities call under the ambit of the new national security oversight bodies, it doesn’t capture the oversight of all of their activities. There are known problems with CBSA, and it’s unthinkable that a law enforcement body like it doesn’t have proper civilian oversight. The disconnect is unfathomable, but puts another mark in the column of Liberals being weasels about their promises once again.

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Roundup: Pledging more action on mass graves

In the wake of the discovery of the mass grave of Indigenous children at a former residential school in Kamloops, there was a lot of attention directed to the prime minister, particularly on the slow rate of progress on implementing the calls to action by the Truth and Reconciliation Commission. Trudeau, for his part, stated that sure, Cabinet could have swooped down and unilaterally taken actions, but that they would have been the wrong actions because they need to be done in consultation with Indigenous people, and consultation takes time. (Indeed, it seems that every time the government is ready to move forward on something, a number of Indigenous groups declare that it’s all wrong and demand that they start over again with grassroots consultation).

Another recurring narrative throughout the day was the demand for more funding to search other sites, and pointing out that the federal government denied the TRC the $1.5 million they were asking for to do that work in 2009 – but most people failed to follow up and see that the current government did fund that work for up to $10 million in 2016, on top of other ongoing funding for this kind of work to carry on. The minister, Carolyn Bennett, also noted that communities did not want the government to simply hire archaeological firms to do the work, but wanted to do it on their own, which is why the government is providing funds for those who want to do it (though there seems to be some contention about that in the Kamloops case when it comes to who was paying for the ground-penetrating radar).

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A couple of other observations – one is that I find the Conservatives’ sudden insistence that this government move expeditiously to implement all of the Calls to Action to be a bit precious given that they dragged their feet on taking this action when they were in government (including denying the funding to search for such grave sites), generally contenting themselves that they made the official apology and established the TRC. (Similarly, their demands that the MMIW National Action Plan be completed immediately also rings hollow considering they resisted calling such an inquiry). The other observation is that the Catholic Church has yet to acknowledge any culpability or apologise for what happened at residential schools, or to offer any compensation, remains a problem, but I’m not sure just how much pressure the federal government is able to put to bear on them for it. Of course, we have seen similar abuse scandals and mass graves in other countries, where race cannot also be considered a factor, and this will complicate the simplistic narratives being applied to this discovery. There is a lot for us as a society to come to terms with, and there shouldn’t be easy answers to be drawn from it.

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Roundup: A flawed way to fix the CRA’s mistakes

Remember the issue with self-employed Canadians applying for CERB, and being told they were eligible for gross income only to later be told that no, it was really net, and they may have to repay it? And then the government came to the realization that they were going to find themselves in serious trouble (such as a class action lawsuit) if they didn’t change course, and let those CERB payments go ahead? Well, for the people who made repayments, they can get that money back – but they have to apply for it. And that becomes the real trick.

With that in mind, here is Jennifer Robson raising some concerns with the whole thing, because CRA is not doing this very well. And that could be a problem for some of the people this is supposed to have been helping in the first place.

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Roundup: Getting called out by your deputy minister

This government’s problems with cleaning up the culture of sexual misconduct in the military continues to roll along, and the calls are definitely coming from inside the house. In the latest installment, the deputy minister of National Defence has taken to the radio waves to point out that the government didn’t make an effort to push the military on implementing the Deschamps Report, who wound up treating it like a kind of checklist that they could do the bare minimum with rather than actually implementing the systemic changes that it called for. This shouldn’t be a surprise, given everything we know, but the fact that the deputy minister is saying this is damning.

We also got another harrowing tale of harassment, and retribution when the civilian employee who was subjected to it complained. This isn’t a surprise given the culture, and as the piece points out, one of the reasons she was targeted is because she upset the status quo – which is part of why the military made a conscious effort not to really implement the Deschamps Report, because it called for systemic changes, and that is a definite upset of the status quo. That the government didn’t really recognize this or push back against it is an indictment.

Which brings me back to the key point – that the government, and in particular the minister, needs to wear this. The deputy minister called him out. That’s not good. And part of the problem is also that Sajjan was part of that culture, which is may explain why he was either blind to the problems, or was fine with not actually bothered that they weren’t upsetting the status quo. It’s one of the reasons why actual civilian control of the military is so important, and we haven’t had that under Sajjan. Regardless, this is his problem to wear, and he needs to take actual ministerial responsibility, and offer his resignation. There is no other option.

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Roundup: Taking a “pause” when it comes to China

In what appears to have been done by email over the long weekend, Alberta’s provincial government has asked its universities to pause any relationships with China, and wants a report on current activities, citing theft of intellectual property. And it’s a real problem, but this may not have been the best way to deal with it. With that in mind here is Stephanie Carvin with more:

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Roundup: Trudeau cleared, Morneau not

The Conflict of Interest and Ethics Commissioner released his reports on Justin Trudeau and Bill Morneau’s involvement in the WE Imbroglio yesterday, and came to two different results – the prime minister was cleared, but Morneau was found to have breached three sections of the Act, because he was not only personal friends with the Kielburgers (which Trudeau was not), but Morneau gave them a lot of access to his department as a result of that friendship, and offered them very preferential treatment.

On the one hand, this defused a few of the prepared talking points, but it didn’t disarm all of them. The Conservatives insist that even if he wasn’t found to have broken the rules, the system is still “broken” and needs to be made even tougher, which they are going to regret when every interaction becomes a minefield and their own members start getting caught up in impossible situations should they form government, and it misses the mark of what the current problems are. The NDP, predictably, say that this proves the Liberals only care about their “rich friends,” which I’m not sure the Kielburgers really qualify as for obvious reasons.

Of course, as I have written before, the problem is not that the rules are too lax, but rather that the Liberals in their current incarnation have a culture that believes that so long as they mean well, that the ends will justify the means. No amount of tinkering or toughening up the rules can change that because it’s a cultural problem. It also doesn’t help that the definition of “corruption” has become so broad in the Canadian discourse that penny ante bullshit is treated as a capital crime, though very curiously, grift that is out in the open in places like Queen’s Park or the Alberta Legislature are not treated with the same kinds of howling denunciations that the WE Imbroglio has been. I also have to wonder what these same howlers would do if they saw the actual corruption that takes place in other countries, because it’s on a whole other level than anything that has happened here. And on a final note, this report does not mean that WE Charity was “destroyed” for nothing. The charity hasn’t been “destroyed,” and its dubious activities were brought to light by good reporting, not Charlie Angus’ antics at committee, and that’s a good thing. This incident helped to shine that spotlight. Let’s not confuse Trudeau’s exoneration with anything else that has happened to WE in the interim.

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Roundup: Refusing to enforce quarantine orders

There were a couple of notes around the border and quarantines yesterday that I thought bear some additional note, particularly in light of the rhetoric we’re hearing. The first is that it looks like as many of a third of air travellers are able to avoid hotel quarantine and the Public Health Agency of Canada won’t provide a breakdown of figures as to why. There is a fairly obvious answer to this, which is that as part of the hotel quarantine programme, the government also allowed for a metre-long list of exemptions that are applicable to these travellers, because remember that there is ostensibly very little non-essential travel happening right now – I heard a figure that travel volumes are about five percent of what they were pre-COVID. Given how many of these hotel quarantine exemptions have to do with certain essential travel reasons, it should not be a surprise that as many as a third of these travellers are able to bypass that system. The fact that there are as many exemptions as there are should be up for debate, however, because it does undermine the whole point of quarantine, but it’s hard to have that discussion when every time you turn around, someone else is demanding another exemption – and it really doesn’t help when the party in the Commons howling that the border is too lax is at the very same time trying to get an exemption for returning snowbirds.

And then there is the question of enforcing the Quarantine Act, and we find that Alberta hasn’t signed onto the Contraventions Act, which makes it easy for their police to do the enforcement, and to issue fines for those who break it. (Saskatchewan also hasn’t signed onto the Act, but there are no airports currently open to international travel in that province). And this is completely baffling, because you would think that the provincial government would want to empower their peace officers to do the enforcement work if they are so concerned about variants coming in over the borders that they would want to ensure that they are actually enforcing quarantine orders in the province, but apparently not. This makes it all the more difficult to swallow Jason Kenney’s insistence that the federal government hasn’t done enough about the border – they have clamped down as much as they are really able to under the constitution, and they have empowered the provinces to enforce quarantines, but oh, Alberta refuses to take responsibility for doing so, while they complain.

I will also note that the fact that Ontario has signed onto the Contraventions Act means that their own complaints about quarantines and lax borders are all the more hollow. They have all the tools they need to enforce the orders, and they are also largely refusing and blaming the federal government. And worse, nobody is holding them to account for their failures to exercise their own powers in their own areas of jurisdiction to do so – especially not the media. This is a problem, but hey, keep writing stories about “finger-pointing.” That’ll help.

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Roundup: Ford’s sick days deception

The issue of paid sick days went completely sideways in Ontario after the murderclown government, thinking they were clever, tried to propose that the federal government simply double the payout of the federal sickness benefit programme, promising that they would cover the difference, and leave it at that. Not surprisingly, the federal government said no, because the federal sickness benefit is not paid sick leave, and everybody knows it. Doug Ford knows that, because he repealed the paid sick days that were legislated in the province, at the behest of business owners (because when Ford says he’s looking out for “the little guy,” he means the business owner). Reinstating them is a simple fix in the province’s labour code, unlike “fixing” the federal benefit, which is an impossibility because a) it’s not their jurisdiction, and b) they are limited by their back-end IT infrastructure, which in no way could allow them to have seamless paid sick days the way amending the provincial labour codes would allow. (The federal government could do more when it comes to the sick leave provisions in federally-regulated workplaces, but they are not starting from zero like provinces are).

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While on Power & Politics, Ontario’s labour minister, Monty McNaughton, did let slip that they didn’t want to implement actual paid sick days because it would be a burden on businesses, which were already suffering from the pandemic – as though having an outbreak in their facility won’t hurt them even more, or having their employees die of COVID. That, and they have options available to them, such as using the wage subsidy to pay for their employees’ sick leave – that’s one of the reasons it’s there. The whole gods damned point of the federal sickness benefit is for those who don’t have employers, like the self-employed, who could need some kind of income support if they can’t work because of COVID. It was never supposed to replace actual paid sick leave, but premiers decided that they could try to get around their own obligations with it.

Meanwhile, BC premier John Horgan is putting on a song and dance of reluctantly implementing paid sick leave in BC – fourteen months later – and making a theatrical production of trying to claim they wanted to make this a national programme. This, dear readers, is horseshit. Labour codes are provincial jurisdiction in 94 percent of workplaces, and if the federal government had tried to come up with a national paid sick leave programme pre-pandemic, every single premier would have cried jurisdiction and refused on principle. For Horgan and other premiers to now try and claim they want a federal programme is a lie, and an attempt at giving themselves cover. They are trying to avoid the wrath of the business lobbies, and the small business lobby in particular, and trying to use a federal programme designed primarily for the self-employed as their fig leaf.

Even more to the point, I cannot abide how pretty much every single media outlet has framed this issue, painting it as either federal-provincial “finger-pointing,” or even worse, claiming that Ford’s proposal as being some kind of “compromise.” It is not a compromise – it’s more deception that these media outlets are spooning up. And they keep offering Doug Ford political cover. I cannot stress this enough. By trying to be “neutral” and both-sidesing the issue, they are providing Ford with more ability to try and pin this on the federal government when it’s his issue, in his jurisdiction, and he needs to own it.

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