Roundup: Trans Mountain decision day?

It looks like today will be the day we get some kind of answer on the Kinder Morgan Trans Mountain expansion pipeline, and everything will likely be confirmed in the morning as Cabinet meets earlier than usual. The three options on the table are the previously announced indemnification, as well as the option to either buy the pipeline outright (though I’m not sure if that means just the expansion or the original pipeline itself that the expansion twins) in order to sell it once the expansion completes construction, or temporarily buying it long enough to sell it to someone else who will complete construction. The word from Bloomberg’s sources is that the government is likely to buy it outright, on the likely option of buying it long enough to find someone who can guarantee its completion.

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As for what this will mean politically, you can bet that there will be no end to the howls of outrage from both opposition parties – from the Conservatives, we’ll hear that this never should have happened, and it’s only because of the federal government’s incompetence that it did. (While one can certainly question their competence in a number of areas, this is one where they had few good options, and no, a court reference or a pipeline bill would not have helped because they already have the necessary jurisdiction they need). The NDP, meanwhile, will howl that this is a betrayal of their promises on the environment and the rights of First Nations, and that it pays billions to “Texas billionaires” rather than Canadians, and so on (though one would imagine that the NDP should be all for nationalizing infrastructure projects). And one can scarcely imagine the invective we’ll hear from Jason Kenney, as helpful as that will be. Suffice to say, the next few days (and weeks) will likely be even more dramatic that they have been. Because this time of year isn’t crazy enough in Parliament without this.

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QP: Elections, Hamas, and subsidies

On a pleasant Wednesday afternoon in the nation’s capital, the benches were full in the Commons as MPs gathered for what was not only Question Period, but the practice of proto-Prime Ministers Questions, something that has never quite worked out in practice. Andrew Scheer led off, concerned about the electoral reform bill, and the fact that it would allow for American-funded groups to campaign and that the government could make announcements on taxpayer’s funds. Trudeau reminded him that most of those changes were recommendations from Elections Canada, and the previous government tried to ruin our electoral system. Scheer then asked why the government didn’t choose their first candidate for Chief Electoral Officer, to which Trudeau took up a script to read about how great the chosen candidate is. Scheer then changed topics to demand that Trudeau walk back on his statement about the shootings in Gaza and blame Hamas, to which Trudeau said that he spoke to Prime Minister Netanyahu about the incident and the fact that a Canadian civilian doctor was shot by an Israeli sniper, and that demanded an investigation. Scheer took exception to this, insisting that Israel goes out of its way to protect civilians, and Trudeau chastised Scheer for politicising the Israeli question. Scheer railed that Trudeau was not condemning Hamas and that they were the ones who politicised the situation, and Trudeau responded by regaling him with Conservative protesters picketing the home of a Toronto Jewish leader who openly supported the Liberal party in the last election. Guy Caron was up next for the NDP, demanding an end to fossil fuel subsidies, and Trudeau took up a script to say that they were working on their plan to phase out emissions and that Trans Mountain was part of that plan. Caron demanded to know the ceiling for the “subsidy” to Kinder Morgan, and Trudeau responded off the cuff that they have strengthened measures to ensure that Kinder Morgan got their approval and that it sends a signal that projects could get built. Jenny Kwan took over in English to reiterate the same questions, and Trudeau took up his script to reminder that the G7 plan was by 2025. Kwan railed that the government had no intention to phase out the subsidies, and Trudeau reiterate their commitment to growing the economy while lowering emissions. 

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Senate QP: Hajdu ducks a request

Following weeks of condemnation around the government’s insistence on the “Charter rights” attestation for Canada Summer Jobs Grant applications, it was time for the minister of labour, Patty Hajdu, to appear before the Senate to answer questions. Senator Larry Smith led off, as is customary, and he asked about the fact that no new federal drug testing regulations would be in place before marijuana was legalised. Hajdu noted that in her previous job, she dealt a lot with substance use issues with clients adn employees, and she was passionate about the topic. She noted that they are working with federally-regulated employers and labour groups, but also called out that this debate was a red herring because cannabis is not new, nor is use at work. Smith wanted some degree of certainty for employers, and Hajdu said they are already having those conversations, and most workplaces already have robust policies.

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Roundup: Sending amendments back a second time

There’s drama with the Senate, after they sent back the omnibus transport bill back to the Commons a second time, after the government rejected several of the nineteen amendments proposed. We haven’t seen this happen in twelve years, that last time being in 2006 when there was back-and-forth on Harper’s Accountability Act, when he had a minority in the Commons, and the Liberals had a majority in the Senate, giving them the necessary leverage. But while much of the focus is on whether or not there’s going to be a constitutional crisis over this (there’s not, and quit being such drama queens about it), there is actually some nuance here that should be explored a bit more.

There are a couple of reasons why the Senate eventually voted to insist on some of the amendments, and one of those had to do with the way it creates unfairness for the Maritimes when it comes to rail transportation rates, as there is a monopoly in the region. What’s very interesting about this is the fact that after PEI Senator Diane Griffin made her speech about the regional unfairness, all subsequent debate became spontaneous and unscripted – something we almost never see in either chamber. This is how Parliament should work, and based on that speech, some senators changed their votes, which shows that the process does work as it’s supposed to, from time to time. It also shows that the Senate is fulfilling its role when it comes to standing up for regions, as they are doing for the Maritimes in this case. (Griffin, incidentally, says she’ll likely back down if the Commons rejects the amendments a second time).

The other reason the Senate is sending these amendments back, however, is the fact that when the government rejected them, they didn’t offer an explanation as to why, and this is important (and I haven’t seen anyone reporting this fact). And this puts the onus on the government, because they owe senators that explanation as to why their sober second thought is being rejected. Just about a year ago, when the Senate sent back amendments to the budget implementation bill, the House rather snippily stated that such amendments would impede the privileges of the Commons – but never stated how they would do so. While the Senate passed the bill, they did send a message back to the Commons that yes, they do have the ability to amend budget bills thank you very much, but they did make sure to let Bardish Chagger know their displeasure the next time she appeared at Senate QP, where they wanted the explanation as to how the amendments would impact the Commons’ privileges (and she never did give them an answer). Trudeau keeps saying he respects the independence of the Senate, but he should demonstrate that respect by offering explanations and not treating the work of the Senate in such a dismissive manner.

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QP: Performative abortion politics

The Commons was on Wednesday hours to give Conservatives the ability to go to the funeral for Gord Brown earlier in the day. Justin Trudeau was off to Saguenay, Scheer still at the funeral, and even Guy Caron, who is always present Monday to Thursday, was absent. Alain Rayes led off, and demanded that the government hold off on legalising marijuana until all police forces in Canada were equipped and trained to deal with drug-impaired driving. Catherine McKenna got up to reply, and instead brought up Ted Falk’s outburst yesterday about women not having the right to choose, and invited the opposition to recant that position and affirm a woman’s right to choose. Rayes claimed that the words weren’t spoken in the House — not true — and he repeated his question. McKenna repeated her own admonition, and Rayes tried a third time, and this time Ginette Petitpas Taylor responded that they were working with partners to ensure a responsible transition. Diane Finley repeated the question in English, and this time Ralph Goodale got up to remind her that drug-impaired driving is already an issue, not a future one, and that he’s glad they now support Bill C-46 and should encourage the Senate to pass it. Finley tried again, and Goodale elaborated that it’s already in the Criminal Code. Ruth Ellen Brosseau led for the NDP, accusing Kinder Morgan of having privileged access to the government. McKenna retreated to her usual platitudes about the environment and the economy going together, and when Brosseau tried a second time, Marc Garneau assured her that the Trans Mountain pipeline was in the national interest. Nathan Cullen got up to accuse Kinder Morgan lobbyists of attending Liberal fundraisers, to which McKenna reiterated her previous platitudes. When Cullen laid on further sanctimony, McKenna noted that it went through a full review, and it would go ahead.

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Roundup: An “uncontroversial” bill delayed

It’s starting to become something of a rote exercise – that whenever the Senate does its job and considers large and contentious legislation, it’s accused of moving slowly. Most of the time, they’re actually moving fairly swiftly in the context of how bills get passed, but that’s not the narrative. And every single time, the pundit class will moan about how they’re frustrating the “will of Parliament” (because that’s how they refer to the House of Commons, when it is in fact but a third of what constitutes Parliament – the Senate and the Crown being the other two aspects), and on and on we go. This week’s performative disbelief that the Senate is daring to do the job required of it is around the marijuana bill – but not just that, but the accompanying bill regarding mandatory roadside testing. While the marijuana bill is actually proceeding fairly quickly given the agreed-upon timelines that Senators set for themselves on the bill (though they were slow off the mark because Senator Harder thought it wise to have the Senate rise essentially a week early at Christmas and then not consider the bill again until well after they’d returned so that he could put on the dog and pony show of having three ministers appear in Committee of the Whole before second reading debate even began), the mandatory testing  bill is languishing at committee. Why? While John Ivison may consider the bill “relatively uncontroversial,” it is actually the opposite, and there is a debate raging about the bill’s constitutionality, and many senators – including one who helped to author the Charter of Rights and Freedoms back in 1982 – are unimpressed with the government’s assurances. After all, they went through a decade of the Harper government insisting that their justice bills were Charter-compliant, only for them to be struck down by the courts, one after another.

Of course, this too has led to debates in the Senate about their role and whether they should be challenging the constitutionality of bills. Some of the Independent senators, which Leader of the Government in the Senate – err, “government representative,” Senator Peter Harder has added his voice to, believing that Senators shouldn’t substitute their judgment for that of the courts, citing that because these issues aren’t black and white that the courts should handle them. (In the same breath as Harder says this, he also says that they shouldn’t be rubber stamps, apparently unable to pick a lane). So to say that this is “uncontroversial” means that someone isn’t paying attention to the debate – only what’s being told to him by the government’s mouthpiece (in this case, Bill Blair).

If the Senate passes C-45 before C-46, the sky won’t fall. They can apply existing impaired driving laws, because, newsflash, people already drive high while pot is illegal. Once again, the government isn’t inventing cannabis – they’re legalizing and regulating it. Will it be more difficult without detection devices? Maybe. But it’s not like there’s a legal vacuum. Let’s calm down a little.

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Senate QP: O’Regan talks veterans issues

The topic was veterans affairs, the special guest star was minister Seamus O’Regan, his first time at the Senate since taking over the portfolio. Senator Larry Smith led off, asking about a court challenge related to cuts on the medical marijuana programme for veterans, and in particular the minister’s comments on the need for research around the benefits for veterans with PTSD. O’Regan, after noting his last visit to the chamber being in 1990, said that they were deferring to the College of Physicians and Surgeons, and as such, they did not prescribe or authorise medical cannabis, but will only reimburse for up to three grams a day. When Smith asked if cost was a factor in reducing the reimbursement from ten to three, O’Regan said that it was not a cost issue, but they were trying to strike a balance.

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Roundup: Questions about Scheer’s assertions

Andrew Scheer went to Calgary yesterday to talk to that city’s Chamber of Commerce and said a few things that I feel should probably stand a bit of questioning. Like the fact that he thinks it’s a “red flag” to use taxpayer funds to backstop the Trans Mountain expansion pipeline. And it’s fair that there’s scepticism about governments essentially subsidizing private business, but it’s his assertion that “governments investing tax dollars in energy projects is not the optimal solution.” Sure, it’s not optimal, but it’s complete and total historical revisionism to suggestion that this is somehow new or novel. Given the ways that governments, both federal and provincial, have de facto subsidized the development of the oilsands with generous royalty breaks and other tax incentives has been sinking a hell of a lot of taxpayer dollars into energy projects. And yes, there was a whole national crisis that had a hand in bringing down a federal government around the government sinking money into a cross-country pipeline.

But the other statement that Scheer makes that I find a bit puzzling is this continued insistence that somehow provinces were forced to “take matters into their own hands” over the Trans Mountain issue because the federal government showed a lack of leadership. And I’m still trying to figure out how this works. For starters, which provinces is he referring to? BC, which took it upon themselves to challenge federal jurisdiction in a naked attempt to appease a coalition partner? Or Alberta, who escalated tactics on the basis of a press release? “They should use all of the tools at their disposal,” Scheer insists of the federal government, and yet I’m not sure what exactly they were supposed to do. They already have jurisdiction – trying to re-assert it would imply that there was a question when there isn’t one, and creating doubt would embolden opponents. There wasn’t anything to challenge in the courts because BC had only put out a press release, and nobody even had a clue about what specific questions BC was raising until they filed their court reference this past week. How would going half-cocked have helped matters? But demanding they “use all the tools” sounds an awful lot like hand-wavey nonsense that serves to only invoke the politician’s syllogism than it does to suggest meaningful action. Kinder Morgan, meanwhile, has used this exercise in threatening to pull out in order to exact political leverage (and the fact that a private company is attempting to blackmail governments is not a good look), but there remain questions outside of all of this as to their own obligations to fulfil the conditions imposed on them by the National Energy Board for continued approval of the project. That can’t be glossed over.

I’m also curious what else he thinks the federal government should have done to silence BC’s objections, considering that he’s also supporting the Saskatchewan government’s attempt to push back against the imposition of the federal carbon backstop price. Is his position that federal governments should bigfoot provinces to get pipelines, but that they don’t dare interfere in areas of shared jurisdiction like the environment? That’s an interesting needle to thread, and somehow, I doubt we’ll see him attempting to do so anytime soon.

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Roundup: Erin Weir’s apostasy

First thing Thursday morning, NDP leader Jagmeet Singh took to the microphone in the Foyer, caucus behind him, to announce that he had expelled Erin Weir from caucus following the conclusion of the investigation into harassment allegations. And to be clear, he wasn’t kicked out because of the conclusions, given that Weir agreed to anti-harassment training and conciliation with his accusers – rather, it was because he had the temerity to go to the media to respond to the leaked allegations made to him without getting the permission of the leader’s office. And then the other MPs told reporters that Weir “expelled himself” by doing so, because it meant there was no trust in that relationship. So…wow.

To be clear, we don’t have much in the way of details about the allegations that were sustained in the report, but we have Weir’s word for them, and the clues that Singh dropped. That the former senior staffer in Mulcair’s office leaked to the CBC forced Weir’s hand in responding (which he says he asked Singh’s office, and they never responded to him), and this was the basis of the policy dispute on the floor of the Saskatchewan NDP convention where that staffer threw her weight around, and then accused him of harassment. As for the three “sustained” incidents of sexual harassment, Singh said it was because Weir failed to read “non-verbal cues” but that when he was told his advances were unwarranted, he ceased. Weir says that he was told over the course of the investigation that it was essentially because he’s a “close talker” and failed to realize that it made some people uncomfortable, but he has no idea who his accusers were, and says that after the initial complaint about him that the party essentially put out a “call for proposals” from staff to see if there were any complaints, which does seem a bit suspicious. It also seems like there is a giant inflation in terms of what constitutes harassment and sexual harassment, particularly coming from an MP who is a bit socially awkward.

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Weir contends that he will sit as an independent for now, hoping that Singh will see reason, but given how the ranks have closed around him in a way they didn’t when David Christopherson got punished for breaking ranks on a vote suggests that Weir is now guilty of some form of apostasy, particularly that he had the temerity to defend himself in public when his accuser apparently leaked to the media to get ahead of the report when the leader’s office would have had him be humiliated publicly while he waited for permission to respond, which reinforces this notion that there can be cult-like behaviour in the party. Meanwhile, Don Martin suggests that the outcome of this mess suggests that this became a witch hunt, while John Ivison contends that this whole affair is not reflecting well on Singh, who continues to flounder as party leader. At Issue also took a look, and notes the rumours circulating that the party was looking for an excuse to boot Weir for whatever the reason.

Good reads:

  • Justin Trudeau says they will not delay implementing legal cannabis, but that will still likely mean a September rollout, and that legalization is a “process.”
  • Scandal! The Trudeau family’s meals are prepared at 24 Sussex and then sent to Rideau Cottage by messenger! (Seriously? This is what we’re worrying about?)
  • The federal government will intervene in the BC Court of Appeal reference on pipelines. This is standard since their jurisdiction is up for question.
  • Bill Morneau says they’ll have a better handle on the costs to households from carbon pricing in September when all provinces have submitted their plans.
  • An audit shows that the programme to help veterans transition to civilian jobs was next to useless. The government has since switched to a different system.
  • Scott Brison isn’t looking to budge from his $7 billion fund in the Estimates to get programmes moving, while the real problem remains the sclerotic bureaucracy.
  • The government used their majority to reject nine of nineteen Senate amendments to the transport bill. Now we’ll watch senators huff and puff before passing it.
  • The Commons privacy committee is ordering Cambridge Analytica to preserve vital data in advance of investigation, given news of their bankruptcy proceedings.
  • The military is being accused of “brass bulge” as upper ranks are growing faster than the regular forces are.
  • In case you were curious, it turns out that part of why the parliamentary lawn is being dug up is because they have to replace the drainage pipes below it.
  • While the Supreme Court of Canada upheld his influence peddling conviction, Bruce Carson is likely to avoid jail time.
  • NDP MP Kennedy Stewart is considering a run for Vancouver mayor.
  • Here’s a good profile of Doug Ford, and what the experience of working with him on Toronto City Council was like.
  • The Canadian Press’ Baloney Meter™ tests the Conservative claim that they cut emissions without cutting taxes. (Ron Howard’s voice: “They didn’t.”)
  • Colby Cosh contends that our system worked in keeping outsider Kevin O’Leary away from political leadership (but that Doug Ford was a perfect storm).

Odds and ends:

A documentary crew is looking to film the Senate’s third reading speeches and vote on the bill to end whale and dolphin captivity.

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Roundup: Another cry for technocracy

After Ontario’s Financial Accountability Office weighed in on the government’s figures in advance of the election, he too finds that the province’s deficit is probably bigger than reported, as will its debt figures be. The accounting dispute between the government and its Auditor General remains in the air, while there are doubts being raised as to whether there are really surpluses in the pension funds in a meaningful sense. And it’s all done Andrew Coyne’s head in, because now he thinks that it’s time to simply take away any financial reporting away from a government, and turn it all over to a neutral, arm’s length, third-party body because the alternative is to let governments and other political parties spin and manipulate about what’s in the books. In his estimation, Auditors-General and Parliamentary Budget Officers/Fiscal Accountability Officers are of little use because their reports and opinions are not binding, who can pretend that they’re related to matters of opinion and accounting disputes, while opposition parties aren’t doing the job of accountability because they use the same torqued figures for their own purposes.

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But I think that Coyne is completely off the mark here, because he places too much faith in the words of the current watchdogs. We’ve seen examples where the Auditor General has been wrong – the Senate audit being a prime example where he was out of his depth, based a number of findings on opinion that were later overturned by a former Supreme Court of Canada justice hired to adjudicate the findings, and further legal analysis of his findings poked yet more holes in his analysis. We also see numerous examples of where the Parliamentary Budget Officer’s methodology is suspect (to say the least), but we rarely see these challenge being made public in the media because the media takes the words of these watchdogs as gospel, which should be alarming to anyone who engages in the slightest bit of critical thinking. To turn even more of our government’s fiscal processes over to yet another unaccountable technocratic body strikes fear into my heart because the people we keep demanding we turn this power over to are not infallible, and there are no ways for us to hold them to account – especially if the media refuses to do so responsibly either.

So while I can sympathise with Coyne’s frustration – and the situation in Ontario is particularly egregious, with all three parties guilty of playing along – the answer is never technocracy. We may get the governments that we deserve, but that also means that we, the voting public, need to do a better job of doing our own due diligence and demanding better, and we’re not – we’re just shrugging our way toward oblivion, which is part of the problem.

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