Tag Archives: Justin Trudeau

Roundup: Let’s not punt it to the Supreme Court

Posted on by

As the Trans Mountain pipeline expansion drama continues to chug along, we saw that Bill Morneau had a meeting with Rachel Notley and while nothing specific was announced, it was stated that something is on the way in fairly short order. Add to that, Jim Carr was doing the media rounds saying that the pipeline will get built, and it’s a question of how, which is an important clue. And then came Jagmeet Singh, who decided that his contribution to this is to insist that this all get referred to the Supreme Court of Canada in a joint federal/provincial/First Nations reference. Because showing political leadership apparently means fobbing off the tough questions to the Supreme Court. He also suffers from the delusion that the Court could act swiftly on this, ignoring that it would take six months to even pull a reference together (seriously – the Court wouldn’t hear it until the fall at the earliest). And then his environment critic went on Power & Politicsand said that even if the Supreme Court ruled in favour of the federal government and that the project could go ahead, they’d still oppose it because obviously it would be a wrong decision. Yeah. Okay.

https://twitter.com/InklessPW/status/984117292945498117

https://twitter.com/EmmMacfarlane/status/984120318544396288

https://twitter.com/EmmMacfarlane/status/984121488537104384

As Carissima Mathen explains in this segment of The House, the Supreme Court doesn’t like to be used for political purposes, reference questions are generally of general application, and even referring the question of jurisdiction to them would imply that there is doubt that the federal government has it, which settled case law clearly demonstrates that they do. (Likewise, going Jason Kenney’s route and invoking Section 92(10)(c) implies that there is doubt that these pipelines are federal jurisdiction when we know that they are, hence why it’s not only a redundant course of action, but it creates damaging precedent). And that’s why Morneau was pretty explicit when he shot down Singh’s proposal yesterday – they know they have jurisdiction, so it would make no sense to refer it to the SCC. On a related note, the BC NDP have changed their rhetoric around using every tool in the toolbox to oppose the pipeline and are now pledging to use all tools to protect their coastline and environment, likely because they got a legal opinion that said that they have no jurisdiction.

Meanwhile, Jennifer Ditchburn notes that Indigenous protests against the pipeline aren’t a side plot – and she’s right, but it’s also separate from the jurisdiction issue, and should be treated as separate. (I also suspect that the government will argue that approval was given before they legislated implementation of UNDRIP, and that they did additional consultation and created the Indigenous-lead monitoring committee, so that should satisfy Section 35). Chantal Hébert sees few options that the federal government could use that would still maintain provincial peace. David Moscrop wants everyone to cool their jets because this isn’t actually a crisis, but rather how democracy and federalism actually work. Jen Gerson looks at how this failure would be the signal of a bigger market failure in Canada, and open us up to creating an institutionalized culture of kickbacks and corruption when it comes to major projects.

Continue reading →

Roundup: Emergency Cabinet stalling

Posted on by

After yesterday’s emergency Cabinet meeting, you might think that ministers would have something to say. They did – they stated that they remained 100 percent behind the construction of the pipeline, and then Jim Carr fled to catch a plane, and all other ministers similarly fled, with Bill Morneau dropping a few more hints before he had a later media availability in Toronto, where he said that they would be meeting with Rachel Notley today in order to further discuss options. Of course, why they couldn’t just say this at the time is part of the frustrating way in which this government chooses to communicate (though I keep reminding myself, and occasionally others, is that if this were the Harper years, we wouldn’t know there was a meeting, reporters would have been barred from the third floor where it happened, and ministers would flee down the back stairs so as to avoid media).

https://twitter.com/InklessPW/status/983857757131456513

Notley, meanwhile, says that her government is prepared to buy the pipeline outright if Kinder Morgan pulls out (and there is speculation that if Kinder Morgan fails to get the pipeline built, they could launch a NAFTA challenge against the government). John Horgan says that Notley’s threats to legislate the cut of oil to BC, forcing them to raise gasoline prices, would be “provocative” – something he says as though butter wouldn’t melt in his mouth. And to add another wrench into things, AFN National Chief Perry Bellegarde finally broke his silence on the Trans Mountain issue, asserting that UNDRIP principles mean they need First Nations consent.

But amidst all of this, we get back to some basic problems, in that thus far, BC hasn’t actually done anything yet, so there’s nothing that the federal government can actually do other than make a bunch of symbolic statements. Demands that this be taken to the Supreme Court are left with the basic problems of just what we’re asking them to weigh in on – federal jurisdiction is settled law, and until BC actually comes up with their novel plans to skirt the constitution, we have no actual question for the Court to decide on (when it eventually does – it wouldn’t hear the reference until the fall at the earliest, and then likely take up to six more months to render their decision). I’m hard-pressed to call that a panacea to the problem, or to give Kinder Morgan the comfort they’re seeking.

https://twitter.com/cmathen/status/983822254290055169

https://twitter.com/cmathen/status/983822625636999169

https://twitter.com/cmathen/status/983823922847084544

Good reads:

  • The Commons Public Safety committee will meet for sixty minutes at noon on Monday to hear from National Security Advisor Daniel Jean.
  • The Mexican ambassador says that while wages in Mexico are increasing, they won’t rise to the levels demanded by some NAFTA players immediately.
  • The big omnibus crime bill contains a clause that would allow police to submit court testimony in writing instead of in person, meaning defence can’t cross examine.
  • VADM Mark Norman had his first court appearance, and it’ll be a high bar for the Crown to prove breach of trust. Here is a guide to the cast of characters in this saga.
  • The government still doesn’t have a timeline for eliminating the gay blood donor ban (but they are compiling research for a move to a better risk-based system).
  • Tired of waiting for the government to fulfil its promise to repeal mandatory minimum sentences, Senator Kim Pate plans to table a bill to do just that.
  • A book by former Dion advisor Jocelyn Coulon insists that there was a frosty relationship between Trudeau and Dion, stemming Dion rebuffing Trudeau in 2006.
  • The Ethics Commissioner might open an investigation into Raj Grewal’s invitation on the India trip (but nobody has said how his private interests were furthered).
  • Stephen Harper tweeted congratulations to Hungarian prime minister Viktor Orban, who is anti-Semitic and anti-Muslim. John Geddes delves deeper here.
  • In an excerpt from his forthcoming book, Maxime Bernier expresses some sour grapes and says that Andrew Scheer won thanks to “fake Conservatives.”
  • Kady O’Malley’s Process Nerd column takes on the issue of those illicit political donations by Conrad Black.
  • Susan Delacourt looks at Canadians’ growing distrust in Facebook.
  • Martin Patriquin notes the Liberal inability to own their pithy phrases when they backfire, preferring instead to shift to less sentimental talking points.
  • My column calls out the insistence that there are “simple questions” or simple answers to the Trans Mountain issue.

Odds and ends:

An academic examination of Justin Trudeau’s Instagram feed shows not a single selfie among the image he’s crafted.

Help Routine Proceedings expand. Support my Patreon.

Roundup: A curious appointment bottleneck

Posted on by

There was an interesting revelation in the Hill Timesyesterday in that the government is sitting on more than 100 vetted Senate candidates while twelve seats remain vacant, and yet put out a call for yet more applications while the advisory committees are all empty, which would be the people who are supposed to vet all of those incoming applications. But that number amazes me – 100 names that are vetted and ready to go for those twelve vacancies, and the government isn’t moving on them, adding one or two names every couple of months at random intervals. And don’t get me wrong – I’m firmly opposed to mass appointments, but that also means that the Chamber should be in full operation and that vacancies should be filled as they happen, which are one or two at a time. Add to that the fact that because these are all being named as Independents, the kinds of mentoring that should happen isn’t, so at this point it almost doesn’t matter if we get all twelve in one fell swoop because the result would be the same either way.

The other thing that is very interesting is that in the interview with former appointment committee member Indira Samarasekera, she mentioned that they identified key skill areas that the Senate is in need of and that their names have reflected that, but these aren’t necessarily the people that Trudeau is naming in the long run. Which isn’t to say that Trudeau has simply been naming ideological Liberals and calling them Independents (despite what the Conservatives in the Senate are claiming), but it is hard to deny that there isn’t a similarity to most of the candidates in the fact that they tend to be activists from the social sciences as opposed to some of the business, foreign affairs, and trade experts that Samarasekera noted that they recommended. Despite this all, the piece provides an interesting window on just what seems to be the bottleneck in appointments that this government has a problem with making, and which continues to be a slow-moving crisis of their credibility.

Continue reading →

Roundup: Upping the Trans Mountain drama

Posted on by

Late afternoon yesterday, Kinder Morgan put out a surprise press release saying that they were suspending “non-essential activities” and spending related to the Trans Mountain pipeline expansion, citing the political fights still underway on the project. It’s a transparent move to try and force a political solution to some of the drama underway, and it certainly got everyone’s attention. Within the hour, Jim Carr was standing before reporters to assure them that all options were on the table, but by that point, Rachel Notley was demanding “concrete action” from the federal government, while Jason Kenney started his performative caterwauling about how terrible the federal government has been on this, and the federal conservatives promptly followed suit, ignoring their own record on pipelines in the meantime. Andrew Leach, however, has kept receipts, and immediately called them out on it. (John Horgan, incidentally, denies that he’s been harassing the project).

When Leach called out the fact that the previous government didn’t hold a press conference about the approval of Northern Gateway, and didn’t travel to BC to promote it, Raitt didn’t get his point and responded with a news article from the day which pointed out directly that the minister’s office sent out a release and refused all questions, after which Harper noted in the Commons that jurisdiction was deferred to the NEB. So the question is, if that was good enough for the Conservatives then, why is it so terrible that the Liberals are doing more and being more vocal about Trans Mountain now?

Paul Wells, meanwhile, takes a survey of the landscape in the wake of these developments, and continues to express some doubts as to what is going on. I personally have to wonder what more the federal government can do in the face of the provincial tit-for-tat from Alberta and BC, seeing as they already have jurisdiction over this pipeline, and they realistically can’t bigfoot the actions of the NEB, which is a quasi-judicial body. After all, there is the rule of law to contend with. To date, BC really hasn’t made any concrete actions that the government can take to court, for example, and certainly nothing that would merit reviving the powers of disallowance from constitutional dormancy. Kenney et al.’s demand to declare Section 92(10)(c) of the Constitution is legally illiterate, so what else, pray tell, should the federal government do? I’ll be curious to see what verifiable solutions present themselves in the coming days.

To round it off, Kevin Milligan also offered some observations on the situation on the ground.

https://twitter.com/kevinmilligan/status/983120057608781824

https://twitter.com/kevinmilligan/status/983121108852289536

https://twitter.com/kevinmilligan/status/983123756355694592

Continue reading →

Roundup: Pallister’s dubious threats

Posted on by

Manitoba premier Brian Pallister is looking to talk tough with the federal government, essentially daring them to increase the carbon price that he’s instituting in his province with a threat to take the federal government to court if they do. This after Pallister’s government already explored the notion of taking the government to court over the imposition of a federal carbon price backstop in the first place, and deciding that it wasn’t something they could win. For reference, Pallister’s government says they’ll implement a $25/tonne carbon tax, and leave it there rather than raise it every year (the point of which is, of course, to drive businesses and consumers to make choices that mean paying fewer of these carbon prices), and Catherine McKenna is basically saying “That’s great, but if your price doesn’t increase in 2020 like it’s supposed to, we’ll charge the difference.” While Pallister is trying to stand with other small-c conservative leaders – most of whom aren’t yet in office – I’m really not sure where he thinks he has the legal footing on this one.

Why does this matter? Well, recall the Environment Commissioner’s report last week that was done in concert with provincial auditors general, and as Paul Wells points out in this excellent piece, they could demonstrate that it wasn’t just the Harper government not doing their part (as McKenna was so quick to focus on), but rather the provinces weren’t doing their part either – especially those who were talking a good game. Nobody is taking this seriously, and the ability to hit our targets gets further away. And in the midst of Wells’ excoriation of these political leaders and their big talk on the environment, he drives home the message that we can’t believe any of them. And he’s right. Which is why we can’t believe Pallister’s rhetoric in this either, as he claims that his province’s plan is better than the federal one, so they shouldn’t have to add the increased carbon tax as part of that. Sorry, but no. The common carbon price across the country is about more than just reductions as it is about preventing carbon leakage to other jurisdictions in the country (and possibly elsewhere, depending on how well its designed), and he should know that. But just like the federal conservatives playing cute with trying to insist that McKenna should be able to tell them exactly how many megatonnes a $50/tonne carbon price will reduce, it’s not how this works. A carbon price is not a scrubber in a smokestack – it’s a market mechanism that is supposed to drive demand and innovation, and it works in jurisdictions where it is implemented properly. It’s not just about a claim that their system with a lower price will be better, which is a claim we shouldn’t believe anyway. It’s time for everyone to play hardball with politicians and these promises, and that means more than just disingenuous questions or demands, but actual accountability for what mechanisms are supposed to do and how they’re being implemented.

Continue reading →

Roundup: Propaganda and democratic interference

Posted on by

During a media availability yesterday, Justin Trudeau mentioned the Russian embassy’s propaganda efforts in linking Chrystia Freeland’s grandfather to Nazi publications in World War II as a reason for expelling diplomats that he accused of interfering in Canadian democracy. Almost immediately, we got some of the more obtuse pundits in our commentariat fretting about why we didn’t expel those diplomats at the time that happened, and why the government couldn’t just say that last week when they were asked how those Russians had interfered. And to clarify, Trudeau cited that as an example, which is very much interfering with our democratic processes. And as for why they didn’t expel them earlier, I direct you once again to Stephanie Carvin’s Open Canada piece about the expulsions, and why we allow intelligence officers to stay when we know that they’re engaging in espionage activities. Seriously – go read it.

https://twitter.com/StephanieCarvin/status/981654741783597056

And funnily enough, Carvin had pointed to that attempted Russian propagandizing days earlier when responding to Susan Delacourt’s column that wondered why we weren’t taking the allegations of Russian interference with more alarm that we have been. As Carvin points out – it’s not just cyber that we have to worry about, and if MPs were actually doing their jobs, they would be far more focused on this issue rather than re-litigating the Atwal Affair™ again and again to score cheap points.

https://twitter.com/StephanieCarvin/status/981274900890398720

https://twitter.com/StephanieCarvin/status/981274905906835457

https://twitter.com/StephanieCarvin/status/981274910797414400

Continue reading →

Roundup: Justice bill under fire

Posted on by

The big news over the long weekend was the Liberals’ major criminal justice reform bill, which was tabled at the end of last week. It’s a big bill because it’s a big topic, but also because the government decided to fold in two previous bills that have been languishing on the Order Paper so that they can all get passed at once. One of those bills has clauses that have been overtaken by a previous bill that again, languishes on the Order Paper. And yet, despite this major reform push, one of the biggest problems facing the justice system, mandatory minimum sentences, which are clogging the courts, remain intact because this bill doesn’t address them, and the minister is shrugging in terms of saying the debate is still ongoing with provinces and courts over those. Among changes in this bill are severely limiting preliminary inquiries, which could mean that a number of cases go to trial where they wouldn’t have otherwise given that the point of a preliminary inquiry was to determine whether there was enough evidence to secure a conviction. Another change is to eliminate peremptory challenges in jury selection, something which has gained a lot of attention in the past couple of months after the Gerald Stanley trial in Saskatchewan had an all-white jury.

None of this is without controversy, and defence lawyers are raising the alarm. Lawyers like Michael Spratt say the changes will not speed up trials, and will actually eliminate some procedural fairness from the system. The elimination of peremptory challenges is far more contentious, with some defence lawyers saying it won’t fix anything while another says it could eliminate the current abuses. One law professor calls it a good first step, but lists other recommendations to increase access to justice in remote communities and improve jury selection.

On a related note, it looks like Saskatchewan hasn’t been selecting juries in a way that complies with their own provincial laws. While this may not be enough to cause an appeal in the Stanley trial, which has put much of the focus on the issue of peremptory challenges, it does raise questions about jury selection laws in this country that are part of these reforms.

Continue reading →

Roundup: A justified time allocation

Posted on by

Amidst the Conservatives’ planned filibusters and procedural gamesmanship as part of their campaign to demand that the National Security Advisor be hauled before committee to answer questions on the Atwal Affair™, Government House Leader Bardish Chagger is starting to play hard ball in return. When the Conservatives tried to filibuster in order to delay debate on the gun control bill after already delaying the debate by means of their vote-a-thon (for which they continue to blame the Liberals for their own self-inflicted discomfort, like a kid who keeps hitting himself in the hopes that it will persuade his parents to give him something they’ve denied him), Chagger invoked time allocation in order to get the bill moving to committee. And – scandalously! – she gave them a whole extra day of second reading debate. The horror!

Err, except no, that’s actually totally a fair amount of second reading debate for any bill, no matter what it is. Why? Because the point of second reading is to debate the broad merits of a bill. Do we agree with its overall aims, yes or no. It’s not about debating its intricacies, which is what committee study is for, and it’s more than legitimate for the government to want to move it to committee so that it can get proper study. That’s the way things should work, in a properly functioning Westminster parliament. But in Canada? No, we’ve developed this ridiculous culture where the parties insist on interminable days-long second reading debate, and by “debate,” we mean read twenty-minute-long prepared speeches into the record while nobody pays attention. It’s not debate, and it’s part of what we really need to address when it comes to fixing the broken culture inside the House of Commons. So it’s not actually a scandal that time allocation was imposed on this bill, and I would add that it’s not such a bad thing that Chagger is learning to play hard ball.

Continue reading →

Roundup: The 21-hour tantrum

Posted on by

If there is a parliamentary equivalent to a toddler having a full-on meltdown and screaming and pounding the floors after not getting their way, then you pretty much have the setting for the 21-hours of votes that the Conservatives forced upon the House of Commons. Which isn’t to say that I don’t think there was value in the exercise – I think having MPs vote on line items in the Estimates is a very good thing given that the Estimates are at the very core of their purpose as MPs, and we should see more of this (in a more organized fashion that they can do in more manageable chunks, mind you). But this wasn’t the exercise that the Conservatives billed it as.

Scheer’s framing is completely disingenuous. These votes were not blocking their efforts, and had nothing to do with the Atwal Affair, or the attempt to get Daniel Jean hauled before a committee. That particular motion was proposed, debated, and voted down on Wednesday. Forcing individual votes on the Estimates was a tantrum in retaliation. It was not about transparency. And it was tactically stupid – there would be far more effective ways to go about grinding Parliament to a halt to get their way rather than this tactic because there was an end point to it (and one which would have been at some point on Saturday if they hadn’t decided to let everyone go home).

The other reason it was stupid is because they forced votes on line items, it allowed the Liberals to spend the whole time tweeting about the things that the Conservatives voted down, like money for police, or veterans, or what have you. They handed that narrative to the Liberals on a silver platter. (The NDP, incidentally, voted yea or nay, depending on the line item, rather than all against, looking like they actually took it seriously). And what did the Conservatives spend their time tweeting? Juvenile hashtags, attempts to shame the Liberals (“You have the power to stop these votes. Just get the PM to agree.”) And in the end, it was the Conservatives who blinked and called it off (but declared victory and that they “drew attention” to the issue, of course).

https://twitter.com/robert_hiltz/status/977249513051164672

This all having been said, there are more shenanigans to be called out amidst this. There was a whole saga about whether or not PCO offered Andrew Scheer a briefing, which his office denied, and then suggestions that Scheer wouldn’t accept it because he wanted as much of it made public as possible (again, with more conflicting versions of how much they wanted to be public and how much in camera). But even with the demands for public briefings, it trips up the parliamentary notion that public servants aren’t called to committees – ministers are, because they’re responsible. (Deputy ministers can be called as the accounting officers of their departments, but the National Security Advisor is not a deputy minister). And with that in mind, why exactly would the government put a long-time civil servant up for the sole purpose of having the opposition humiliate him? Because we all know what happened to Dick Fadden when he was hauled before a committee to talk about his fears about Chinese infiltration, and it damaged our national security because MPs couldn’t help themselves but play politics over it. Nobody covered themselves in glory over this exercise, but this wasn’t some great exercise in preserving the opposition’s rights. This was a full-on temper tantrum, and the more attention we pay to it as though it were a serious exercise, the more we reward the behaviour.

Continue reading →

Roundup: What vice-regal appointment process?

Posted on by

Prime minister Justin Trudeau made two notable vice-regal appointments yesterday – new lieutenant governors for both Newfoundland and Labrador and British Columbia, both women (the first for Newfoundland and Labrador). While the new BC LG is the chair of Vancouver’s YWCA, the new Newfoundland  and Labrador LG is former cabinet minister Judy Foote, which seems like a curiously partisan appointment for a position such as this – especially when Trudeau keeps going out of his way to ensure that there are “independent, non-partisan” appointment processes to other key positions, most especially senators.

The point that none of the stories on these appointments made yesterday was that since Trudeau came to power, he dismantled the process that Stephen Harper put into place to find new vice-regal appointments in a depoliticized fashion. The Harper-era Vice Regal Appointments Committee was headed by the Canadian Secretary to the Queen, had two permanent members, and then had additional ad hoc members for whichever province or territory they had to search for candidates from in order to get the local perspective. Short lists were forwarded to the PM, and for the most part, they were appointments without partisan histories (though the last Manitoba LG appointment was the wife of a former provincial politician it does bear noting). When he came in, Trudeau and his people said that the system was working well, and that they were likely to continue it. Except they didn’t. They replicated portions of it for their Senate nomination committee, but dismantled the Vice-Regal Appointments Committee after they let the memberships lapse, including the post of Canadian Secretary to the Queen (which remains vacant to this day). And the only reason anyone can figure out as to why is because it was simple antipathy to the Harper government, regardless of whether the idea worked. Instead, appointments are made in a black box, and Foote’s appointment seems to indicate that he’s willing to let partisans into these posts in contrast with others.

And don’t get me wrong – I have nothing against Judy Foote personally, and I’m sure she’ll do a fine job, but the whole thing is a bit odd in the context of every other appointment process that Trudeau has put into place (which are interminable and can’t fill any position in a timely manner, Supreme Court of Canada excepted). There was a system that worked. What Trudeau has done instead makes no sense at all.

Continue reading →