Roundup: An address to the nation following the Throne Speech

It’s Speech from the Throne day, which is always exciting, though it’ll be a much sparser affair given the pandemic. What is stranger is the fact that prime minister Justin Trudeau plans to take to the airwaves in the evening, around 6:30 PM, apparently in a bid to talk about the urgency pandemic and the emerging second wave, because we’re back to exponential growth in new cases in four provinces. After all, last night in the UK, Boris Johnson gave a public address to announce a second lockdown was going to start, so 2020 is going really well.

Meanwhile, there still is no agreement among MPs on how voting will work once the new session begins, and it sounds like the test for the proposed remote system did not go very well. Currently the parties seem to have some kind of an accord on a rotation system, but Trudeau and the Liberals keep pushing for hybrid sittings and remote voting while the Conservatives (rightfully) remain skeptical. But nobody is talking about the most practical solution, which is sequestering MPs and creating a bubble around Parliament Hill for them. I mean, if the NHL can do it, why can’t MPs, given how much more important Parliament is than the hockey playoffs.

Speaking of the importance of Parliament, MPs from the Liberals and NDP are balking at the availability of priority testing for them and their families at that Gatineau clinic, insisting that they’ll take spots away from other people who need it in the long queues for tests. And then the Conservatives went ahead and used unapproved serological tests yesterday provided by a lobbyist who is trying to get Health Canada to approve them – never mind that these tests don’t determine current infections, but only the presence of antibodies from past infections. This while they howl for the government to approve more rapid tests, even though the truncated approval process in the US has meant that faulty tests got approved there, which Health Canada is trying to avoid.

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Roundup: A difference in Supreme Courts

There’s been a fair amount of chatter the past couple of days about how everyone on both sides of the border seemed to know who US Supreme Court Justice Ruth Bader Ginsberg was, but most Canadians would have no idea who any members of our own Supreme Court are. While some blame this on American “media saturation,” I think it’s more than that (though media saturation is a factor). Rather, the partisan jockeying around the composition of the American Supreme Court means that there is far more investment in who is on the bench and what their ideological leanings are, coupled with a willingness on the part of that Court’s justices to become media figures.

The Supreme Court of Canada is largely devoid of the partisan balancing act of its American counterpart, and Canada’s relative lack of particularly conservative schools of legal thought means that we have a much more homogenous legal community, which finds for less polarization on the top court – though the McLachlin era of many unanimous decisions has largely come to an end and dissents are more frequent – which is not such a bad thing. This isn’t to say that our court isn’t political, because it is – it is very much a political actor in the Charter era – but it is generally not partisan in that regard. As for the willingness for celebrity, most Canadian Supreme Court justices eschew the limelight, and very rarely grant interviews (not the case in the US), though the new Chief Justice, Richard Wagner, is a little more open with media and has taken to holding a year-ending press conference every June, which has not happened before now. Nevertheless, those are some of the reasons why Canada’s court and its personalities are not media spectacles like they are in the US, and that’s really not such a bad thing.

Meanwhile, here’s a look at how the Supreme Court of Canada is adapting to ensure in-person sittings for the duration of the pandemic.

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Roundup: Blaming the wrong government

It appears that Conservative leader Erin O’Toole has decided to use his need for a COVID-test after one of his staffers tested positive in order to be performative about the whole affair. Despite there being a dedicated testing services available to MPs and their families (because yes, Parliament is an essential service), O’Toole and family apparently opted to attempt the public route, which in Ottawa has been backed up for days because of a lack of testing capacity. O’Toole then put out a press release to blame the federal government – not for inadequate capacity, which is the domain of the provinces, and O’Toole couldn’t possibly be seen to criticize Doug Ford and his lack of appreciable action on the pandemic – but because rapid testing hasn’t been approved by the regulators at Health Canada. Hours later, Michelle Rempel, the new Conservative health critic, doubled down and demanded that Cabinet force Health Canada to work faster (and misusing an analogy about the bourgeoisie and “let them eat cake” in the process).

There are a couple of problems with O’Toole’s demands, and one is that Cabinet should be interfering in the work of a regulator, which sets up all kinds of bad precedents – you know, like the one the Conservatives set when they fired the nuclear safety regulator because she refused to restart a nuclear reactor during a crisis of isotope production. The other is that Health Canada has good reason not to approve these tests as they are, because they produce false negatives more often than the regular tests, and that creates a false sense of security among people who may be spreading the virus. “Oh, but the FDA approved it!” people say, ignoring that it’s an emergency approval that relies on self-reported results and not independently verified ones, which again, should be concerning – not to mention that infections in the US are still spreading rapidly. The fact that Health Canada is doing the job that the FDA didn’t shouldn’t mean that we’re “falling behind” – we’re doing the due diligence that they’re not.

As well, I’m not exactly mollified by the notion that O’Toole attempting the public route when he had an option available already because it’s the kind of performative “We’re like real people” nonsense – especially if it took a spot away from another local family who doesn’t have access to the private test that O’Toole did. It’s not heroic or setting a good example – it’s political theatre that could hurt other people in the process.

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Roundup: It’s all coming back to me now

As Jason Kenney continues his bellicose demands for a revival of the Energy East project, it seems that his arguments have a certain familiar ring to them. Wait for it…

Anyone who has paid any attention to the Energy East demands for the past few years will note that there is a definite NEP 2.0 sensibility to them – especially the notion that in the name of “energy security,” we should repurpose this pipeline/build a new segment to the port of Saint John, where there is a single refinery that can handle limited amounts of heavy crude, and that the Irvings should either be forced to accept said Alberta heavy crude at a cost of an additional $10/barrel than they can currently import cheaper, lighter crude from abroad that their current refinery can handle, and that consumers in Atlantic Canada should be made to pay more for their gasoline for the privilege of it coming from Alberta – because I’m not sure that Alberta is going to accept the $10/barrel discount on their crude when they already are suffering from low global oil prices that have made many new oilsands projects economically unviable. Never mind the similarities of this scheme to the original NEP, for which Alberta has created a grand myth about the Great Satan Trudeau (even though the resulting closures in the industry had more to do with the collapse in global oil prices and global recession that happened at the same time) – the cognitive dissonance will not hold.

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Roundup: Exit one arm of WE

The big news yesterday was that WE Charity is folding their Canadian operations – and putting a hefty share of the blame on the political situation around the whole WE Imbroglio. Never mind their pre-existing problems, convoluted structure, reported financial problems with some of their properties, problems with their board of directors and the resignations therein, and the fact that their whole modus operandi of voluntourism and White Saviour complexes turned into an existential problem for the organization – no, it’s so much easier to blame the slow-motion scandal around them that laid bare many of those pre-existing problems. (For a history of the organization, Maclean’s has a great longread here).

In response, the NDP are crowing that this means that the pre-existing problems that WE faced, exacerbated by the pandemic and the Imbroglio, just proves that the Liberals were trying to help them out all along – erm, which is a bit of a leap. The Conservatives, meanwhile, have demanded that WE still turn over all of the documents that the committee has requested (which WE’s lawyers laughed at given that the committee does not currently exist). And Liberal partisans all over social media are wailing and gnashing their teeth that this organization that did so much good was being killed by the petty partisan games of the opposition. (And, erm, they didn’t actually do that much good, and they are still carrying on their US and UK operations, as well as their for-profit arm – only the Canadian charity arm is being folded).

Meanwhile, Matt Gurney makes the very salient point that this whole situation happened because the Liberals were inept enough not to ensure that Justin Trudeau and Bill Morneau do the simplest of steps and recuse themselves from any decisions involving WE because of their personal investment in the organization and its causes. It’s possible Morneau would still have his job as he wouldn’t have made his continuation in the role untenable (thought I have previously contended that even before this all blew up, he was probably overdue to be shuffled because he wasn’t terribly suited for it), and Trudeau wouldn’t be in as precarious a situation as he is (though the cultural problem of not caring about the rules and letting the ends justify the means because they mean well would still be there) if they had simply been a little more aware of what they were doing. Alas, they weren’t, and here we are.

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Roundup: Getting the deficit vapours

Prime minister Justin Trudeau was back making the media rounds yesterday, and one of the things he spoke about was the “ambitious green agenda” to be laid out in the Throne Speech, which has every pundit in the country clutching their pearls about the state of the deficit. Why? Because in Canadian punditry – and many government departments, finance especially – it is 1995 and will always be 1995. And some of that comes with the usual ridiculous assertions about comparing the nation’s finances to a household’s, or that of a business.

https://twitter.com/MikePMoffatt/status/1301527104383848449

And then there was one column in particular which doubled down on not only the usual deficit vapours, but the notions that somehow inclusive growth isn’t a real strategy, which credible economists – and not just those on speed dial for certain media outlets who have one answer for every problem – will tell you is a bogus argument. But hey, it’s 1995 and will always be 1995.

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Roundup: Trudeau backs Payette

While making his media rounds, mostly on Vancouver stations yesterday, prime minister Justin Trudeau was asked about the situation in Rideau Hall, and whether there would be any chance he’ll replace Her Excellency Julie Payette anytime soon, especially given that there is currently a workplace investigation after more than twenty current and former employees have come forward with claims of bullying and harassment, not to mention the revelations about how her habits – especially her attempts to evade her own police protection – have cost additional millions of dollars unnecessarily. Trudeau responded that we currently have an “excellent” Governor General, and that the country is currently dealing with a health crisis and didn’t need a constitutional crisis to go with it.

It was a bit of a slow boil, but rest assured, dear reader, my head did explode.

Payette has not been an “excellent” GG. Far from it. She is a brilliant and accomplished woman, but is wholly unsuited for the role that is largely ceremonial, and where the exercise of her powers is 99.95% automatic. A big part of her job is to act as patron to a number of Canadian organizations – something she balked at (and for which I have argued we should start getting actual members of the royal family involved instead), in some cases causing problems for those organizations. She has tried to take an active hand in things like Order of Canada nominations, where she is supposed to act, again, in a ceremonial capacity. Her insertion of her own talk about the “space-time continuum” in the last Speech from the Throne was a problem. And this is on top of the problems having the dubious honour of overseeing the most toxic workplace in official Ottawa.

The notion that there would be a “constitutional crisis” is also completely insane. It is literally a matter of advising the Queen to name a new GG to replace Payette – that’s it. Trudeau is not in the midst of a confidence crisis in his government. There is no question as to the legitimacy of his advice to the Queen for such a replacement. There would be no crisis. Trying to pretend otherwise is disingenuous, plain and simple.

But Trudeau can’t acknowledge any of this, because that would mean owning the fact that he once again screwed up in not doing the actual work of due diligence required with the appointment – having disbanded the vice-regal appointments committee – and that it was a bad appointment. Beyond that, there is some speculation in certain circles here that Trudeau is not put out by the fact that Payette won’t do her job, because it allows him to step in and do more of the ceremonial stuff, which he’s not supposed to do as head of government, but something he has nevertheless tried to do more of. That’s a problem, and one that I suspect we can’t solve so long as Trudeau remains in office. (Chrystia Freeland, on the other hand, seems far less taken with Payette, and has moved to distance herself, so there’s that).

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Roundup: Consulting the caucus

Yesterday the Star reported that Justin Trudeau has been so weakened by the WE Imbroglio that he is *gasp!* asking his Cabinet ministers and caucus for ideas about the upcoming Speech from the Throne. I find the fact that this is a news story to be pretty distressing because this is supposed to be how governments work in this country – it’s not supposed to be a one-man-show with the leader and his or her office running the whole party’s platform and policies.

This criticism certainly extends to what we just saw out of the Conservative leadership race, where each candidate had a policy book that they were running on – something that should never happen because it’s not leaders who are supposed to come up with policy, but the party’s grassroots members, and the Conservatives especially like to crow that they are a “grassroots party” that respects its members, and so on. If that was the case, why would your leadership candidates be trying to run on different policy platforms? And you can’t say that this is about what the leader believes in – policy platforms are not beliefs, and the party shouldn’t be contorting itself to fit the leader because it’s not supposed to be a personality cult, but sadly we’ve missed that boat, and that’s exactly what parties have become in this country.

As for the notion that Trudeau should be consulting with the Conservatives on his Throne Speech, as raised in the Star piece, he really has no obligation to – it’s not O’Toole’s job to prop up the government, even if Trudeau wants to project some kind of “all in this together” message about the economic recovery. That’s not how our system works – we need opposition to hold the government to account, and trying to co-opt the opposition with promises in exchange for co-operation weakens that accountability. There are two other dance partners that the government can tap to maintain confidence, but subverting the official opposition is not a viable course of action.

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Roundup: Warning signs ignored by the RCMP

Monday morning was kicked off by a very good story over on Global about a lawsuit launched by former employees in the RCMP’s intelligence unit regarding the bullying of alleged spy Cameron Ortis, who awaits trial for allegedly stealing state secrets with the intent to sell them. The suit alleges that Ortis was bullying out anyone from his office that he didn’t like in order to install friends and people who would be pliant. While the government says they are going “look into” the matter – the fact that this was raised long before Ortis’ arrest and apparently ignored by the RCMP’s management is concerning.

Meanwhile, here’s former CSIS analyst Jessica Davis putting these allegations into perspective – and painting a worrying picture of our national security institutions in the process.

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Roundup: $2 billion unbidden

There was a lot of reaction to the announcement that prime minister Justin Trudeau was giving an additional $2 billion to the provinces to help schools restart safely – unbidden – and those reactions were interesting. Trudeau himself made a point of saying that this was as a result of listening to his backbench Liberal MPs and parents who continued to express concerns, and that it wasn’t requested by premiers, so that’s a political marker right there. It’s also a transfer that is largely without strings – it comes in two tranches, one now, one at the end of the year, and all the provinces need to do between them is to tell Ottawa how they spent the money, so again, it’s a bit of a political test for those premiers – and it’s also giving rise to speculation that this is a sign that Trudeau is in election mode.

Reaction was mixed. Doug Ford expressed gratitude (but also falsely claimed that Ontario’s restart plans were the safest in the country, which is patently absurd), but his education minister – and his opposition critic in the NDP – derided the funds as “late to the game.” Manitoba premier Brian Pallister, for example, was somewhat non-committal, and said he’d take the money, but praised his own government’s efforts. And, hilariously, Jagmeet Singh took credit for it, saying that he had called a press conference to “make an announcement” (read: demand) about more money for schools and lo and behold, the prime minister delivered before that press conference happened. Yeah, okay then.

The complicating factor in all of this is that this is an area of sole provincial jurisdiction and there should be zero expectation for federal dollars, which is why I find myself mystified by all of the people on Twitter (and the Ontario NDP education critic) bemoaning that these funds didn’t flow in June. But if you recall, in June, Trudeau and Chrystia Freeland were negotiating with the provinces for their “Safe Restart Plan,” with $14 billion on the table which included money for schools, so it’s not like it wasn’t being discussed – the provinces were recalcitrant because they didn’t want the strings attached that come with billions of dollars. Eventually, they came to an agreement and it turned into $19 billion, and this $2 billion is on top of that, so it’s not like the federal government has been completely silent. I would also suspect that there is a bit of an implicit rebuke in this new envelope of money because provinces have been dithering on their restart plans, giving confusing options to parents with no time to evaluate them, and more critically, have been unwilling to do the important work of reducing class sizes. One could easily interpret this money as Ottawa telling them – not in so many words – to get their acts together, and they’ll look fairly magnanimous while they’re at it.

https://twitter.com/StandingHannah/status/1298685195579723776

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