Tag Archives: Nominations

Roundup: An expedited process

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The Federal Court of Appeal ruled yesterday that of the twelve challengers to the government’s decision to approve the Trans Mountain pipeline a second time, that they would grant leave to hear from six of them, on an expedited basis, and on the very narrow question of whether or not the government has actually complied with the previous FCA ruling, particularly when it comes to the issue of appropriate consultation with Indigenous communities as it pertains to Section 35 of the Constitution. Immediately there was a bunch of wailing and gnashing of teeth that this would be some kind of delay, and others demanded that the government start using magic wands apparently hidden in the text of the constitution (never mind that they don’t actually exist). Worth noting as well – there is no injunction against continued construction, so that will continue to ramp up in the weeks ahead as this expedited hearing gets underway.

This having been all said, there were a number of questions as to why the federal government didn’t file any materials in defence regarding those leave applications in eleven of the twelve files (though, curiously, the Alberta government did even though they’re not the defence). We didn’t get much of an answer – Amarjeet Sohi (who is not the justice minister) saying that they would mount a defence at the right time, but I have to wonder if this was simply about giving the appearance that they weren’t trying to constantly take Indigenous communities to court. Or, they may have simply felt confident that their position was self-evident, that they fulfilled the conditions from the previous FCA ruling and filing something to repeat exactly that wasn’t worth the time or energy because they didn’t think the Court would grant leave on that basis. Either way, it’s not the “rolling over” that certain opposition MPs have railed in the media about because this is a leave application, and not the actual defence.

https://twitter.com/Honickman/status/1169324576960122881

Meanwhile, energy economist Andrew Leach debunks the myths about what is holding back investment in the oilsands, and lays out the four real reasons, which are very different from what industry lobbyists and Jason Kenney are trying to sell to Canadians. Some of the big takeaways are that corporate tax cuts won’t help, and carbon pricing isn’t hurting it, never mind that those are the kinds of things that Kenney is focusing on, and it’s all snake oil – none of it will make investment come flooding back to the sector because the reasons are bigger and more complex.

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Roundup: Equalization and Spending

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Over the long weekend, one of the best things that I read was an exploration by economist Trevor Tombe about Alberta’s misplaced anger over the so-called “unfairness” of equalization, as the real issue is the fact that they have disproportionately higher salaries (and fiscal capacity) than everyone else in the country. Meanwhile, Tombe also has a good thread on the history of federal transfers to and from Alberta, and it’s interesting to get some of that perspective.

Meanwhile in Alberta, the McKinnon Report on public expenses was released yesterday, detailing that there needs to be some $600 million in cuts if the budget is to be balanced between 2022-23, and while it notes that it the province needs more stable revenues (*cough*sales tax*cough*), though it didn’t get into their revenue problems, as it wasn’t their mandate. That means that there are going to need to be cuts to healthcare and education. Here are three surprising tidbits from the report (but also ones that I think need to be drilled down into – for example high public servant salaries are not because of cost of living, but competition with the private sector, and high college drop-out rates are likely to do with jobs in the oil patch). More in this thread from Lindsay Tedds.

In reaction, Jason Markusoff points to the fact that the report’s conclusions were predetermined, given that it was created specifically to find cuts as raising revenues was not an option they were allowed to present, and it bears reminding once again that Alberta is in deficit because it chooses to be so – they could raise their revenues and not rely solely on oil royalties anytime they wanted, but they don’t want to (so all of those pundits taking this report as proof that the province has a spending problem are being a bit too cute about it). On a broader perspective, Max Fawcett argues that if Alberta wants to send a message that if they really want to have their issues taken seriously, they need to stop voting Conservative – and then enumerates all of the ways in which the federal Conservatives have taken the province’s votes for granted as they did things that disadvantaged them.

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Roundup: Profiles in courage

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After avoiding the media for over a week while questions about his personal positions on abortion and LGBT rights were being debated, Andrew Scheer called a press conference yesterday to say that Justin Trudeau was lacking in courage for not agreeing to the Maclean’s and Munk debates (well, he hasn’t agreed yet, but he also hasn’t said no). Mind you, the guy talking about courage and showing up has been avoiding the media for the past week, so that’s no small amount of irony. Oh, and he also accused the Liberals of trying to deflect from their record by dredging up Scheer’s statements on “divisive social issues.” That said, Scheer hewed strictly to talking points that continued to make cute distinctions between a hypothetical future Conservative government and backbenchers, and essentially said that they could put forward any bill they wanted and he wouldn’t stop them – only he wouldn’t say so in as many words. To that end, it’s also worth reminding people that as Speaker, Scheer went out of his way to ensure that anti-abortion MPs got speaking slots when the Conservative leadership was trying to keep them under wraps, so that might be a clue as to how he’d treat possible future private members’ bills.

This having been said, I now wonder if the strategy for the Liberals isn’t to just bring social progressives and Red Tories to their side, but to try and goad Scheer into painting himself in enough of a corner with trying to assure Canadians that no, he would squelch any anti-abortion or anti-GLBT private members’ bills – really! – in the hopes that it would discourage the social conservatives in Scheer’s base into staying home, thus driving down their voter turnout. It would be novel if that’s what it was, but I guess we’ll have to wait and see.

Meanwhile, the Conservatives put out a fundraising video yesterday featuring Stephen Harper, which is kind of ironic considering that they keep accusing the Liberals of dredging up Harper, only for them to do the very same thing. And with this in mind, I will often note that political parties these days have pretty much all hollowed themselves out into personality cults for their leaders, but with the Conservatives, they remain a personality cult for their former leader, Harper – that Scheer has had such a lack of personality or willpower to change the party to reflect him (though he did campaign on being Harper with a smile in the leadership, so that’s not too unsurprising). Nevertheless, bringing out the old leader in advance of the election is an odd bit of strategy that can’t speak too highly of the current leader.

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Roundup: When the leaders are away…

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Pride in Ottawa came and went this weekend, and surprising nobody, Andrew Scheer didn’t show up. But then again, not a single leader, federal or provincial leader, showed up either. Trudeau gets a pass because he was off at the G7 meeting in France, but he’s also only ever showed up to a single Pride in this city. And the only time any of the leaders showed up was the year Trudeau did – a one-off which is a bit of an insult to the city which is seat of government, and the second-largest city in Ontario (for those absentee provincial leaders), which essentially tells us that we’re not worth the effort. (For the record, Jagmeet Singh was in Edmonton to campaign in the NDP’s sole riding in that province).

Meanwhile, here’s a look at why Scheer shouldn’t have shown up at Ottawa Pride without an invitation – or an apology – and more than one person has remarked that straight people shouldn’t be inviting people to Pride on behalf of the LGBT community.

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Roundup: Bashing a fictional plan

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In the days ahead, you are likely to hear federal Conservatives start echoing Jason Kenney’s current justification for killing the province’s carbon price based on a report by the Fraser Institute. The problem? Well, the modelling that they used is based on a work of fiction, and not the plan that was actually implemented, and since the federal carbon price is closely based on the Alberta model, they will have roughly similar effects. But hey, why fight with facts when you can use fiction and straw men?

And for the record, here is the EcoFiscal commission explaining how the Fraser Institute got it all wrong.

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Roundup: Predictable drama, unpredictable overreach

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The outcome of yesterday’s “emergency” meeting of the Commons ethics committee was not unexpected – that the Liberal majority on the committee declined to pursue the matter, and it would go no further, while the Conservatives and NDP wailed and gnashed their teeth to the assembled media outside of the room, ensuring that their media luminaries like Lisa Raitt and Pierre Poilievre were there for the cameras instead of their regular committee members. Also predictable was Elizabeth May’s moral preening that she wanted this to be “non-partisan,” which was never going to happen. It was not unexpected that “maverick” Liberal Nathaniel Erskine- Smith would stand apart and vote to hear from the Commissioner – albeit for different reasons than the Conservatives wanted, which for Erskine-Smith was to get answers as to his thinking because Erskine-Smith is in the camp that the Commissioner got the law wrong (and he’s a lawyer, so he’s perhaps better equipped for this kind of statutory interpretation than some other critics).

https://twitter.com/EmmMacfarlane/status/1164239833235111936

But there was one completely bonkers event that happened that should be alarming for everyone involved, which was when Lisa Raitt moved a motion to have the committee summon journalist Aaron Wherry in order to get his notes and interviews with Trudeau for his newly released book, because Raitt claims that Trudeau breached Cabinet confidence in how he detailed his meetings with Jody Wilson-Raybould. First of all, the notion that he can breach Cabinet confidence is absurd because he’s the prime minister – he can pretty much determine what he wants to keep confidential; and secondly, summoning a journalist to testify at committee is a very, very bad and stupid thing, and it’s utterly mind-boggling that Raitt didn’t see this. It’s even more egregious that Peter Kent, former journalist (and now profligate conspiracy theory monger) voted in favour of Raitt’s motion. Fortunately, the NDP had enough sense to distance themselves from this huge overreach, but it’s galling that she would even propose it in the first place. (Also ridiculous is this notion that there is some kind of criminal obstruction of justice at play, but that’s also the narrative that they’re putting forward as they performatively demand that the RCMP investigate – because calling on the RCMP to investigate your political rivals isn’t totally a banana republic move). Politics and playing to the cameras can make MPs do dumb things, but this was alarming in how far they were willing to take this to score points.

https://twitter.com/EmmMacfarlane/status/1164261091591053313

Meanwhile, Chantal Hébert reads the polls to see that the Commissioner’s report hasn’t really hurt the Liberals, meaning that pursuing this has diminishing returns for the Conservatives, and she parses what that could mean in the weeks ahead.

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Roundup: Unserious knee-jerk suggestions

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As expected, some of the sillier suggestions for avoiding future SNC-Lavalin-type Affairs have started cropping up, and yesterday, Policy Options hosted one from the head of the Canadian Taxpayers Federation. His suggestions? Splitting the role of Attorney General and Justice Minister, and to ban omnibus bills.

On the former, it’s clear that he didn’t actually read the McLellan report beyond the headlines, because he would have seen – as Paul Wells pointed out so ably in his own piece – that the guidelines that McLellan puts forward in the report would have prevented this whole sordid affair before it got off the ground. (Side note: It may not have prevented Jody Wilson-Raybould from being shuffled, given the lack of competence she had demonstrated in the role overall, and Scott Brison was going to retire regardless, so that likely would have happened, but the fallout may not have gone quite the same way). There is no reason given in the Policy Options piece for rejecting McLellan’s advice – just that the whole Affair has damaged the public confidence. So that gets a failing grade.

As for the suggestion to ban omnibus bills, he doesn’t quite grasp the magnitude of the suggestion. He claims, not incorrectly, that they exist for the sake of efficiency, but that efficiency is largely because there are many pieces of legislation every year, where if you introduced individual bills for each component – such as around technical changes in a budget implementation bill – Parliament would grind to a halt. There is a time and a place for omnibus bills – the difference is when they are being used abusively. The Conservatives stuffing changes to the Canadian Environmental Assessment Act into a budget implementation bill? That’s abusive. The Deferred Prosecution Agreement provisions being put into the budget bill? It’s borderline, but it wasn’t hidden or snuck through – it was in plain sight, the committees in both Houses each saw it and dealt with them (albeit less effectively on the Commons side), and the Commons has new rules to deal with splitting up votes on omnibus bills. Ironically, if the DPA legislation had been put forward as a separate bill, it likely would have languished until swallowed up by an omnibus justice bill, as happened to several other criminal justice reform bills over the course of the last parliament (speaking of Wilson-Raybould’s ability to manage her own bills). But the suggestion to simply ban all omnibus bills is unserious and jejune, and a perfect example of the kind of knee-jerk suggestions we’re going to see plenty of in the days ahead.

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Roundup: These aren’t the bots you’re looking for

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The discussion of misinformation, “junk news,” and bots have been going around a lot, as have the notions of what journalists can and should be doing to fact-check these things. To that end, here’s a thread for thought from Justin Ling about how this can be working against us in the longer term:

And national security expert Stephanie Carvin adds a few thoughts of her own, to contextualize the problem:

https://twitter.com/StephanieCarvin/status/1161424183185854464

https://twitter.com/StephanieCarvin/status/1161424186214158336

https://twitter.com/StephanieCarvin/status/1161424188500058112

https://twitter.com/StephanieCarvin/status/1161424197408702465

Chris Selley. meanwhile, respectfully suggests that if the government is so worried about online misinformation, that they stop pushing it themselves with their own particular bits of spin and torque that plant the same kind of false notions and expectations in people’s minds – and he’s absolutely correct.

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Roundup: The bitumen-soaked petard

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Probably the most important piece you could read from yesterday’s offerings was this analysis from energy economist Andrew Leach, who dismantled much of the logic behind the Conservative environmental “plan” that Andrew Scheer was so proud of. Aside from the fact that it lacks detail, it’s full of contradictions (such as eschewing carbon taxes, and yet does largely the same thing with large emitters), and a lot of things that don’t make sense. Leach not only calls out the fact that the “plan” is full of straw men and distractions (such as the focus on raw sewage), but probably most devastating is that he punches holes in the plan for the Canada Clean Brand™ that Scheer is trying to promote – the notion that Canadian products are “cleaner” and should displace those abroad, thus keeping Canadian jobs and still (ostensibly) lowering emissions. And while that may be true enough with aluminium, it’s certainly not for our oil exports, which kind of blows the whole thing out of the water. Oops.

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Roundup: Not what parties are for

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As part of a longer piece (linked in the section below), the campaign director of the Liberal Party offered a loathsome sentence yesterday, and it’s just so completely disheartening.

No. The role of the party is not just to win elections and to fundraise. In fact, this kind of attitude is why the political system in Canada is in the state that it’s in. Parties are just seen as election vehicles rather than the grassroots organizations that deal with ground-up policy development, selection and nomination of candidates, or holding either their local representatives or the party itself to account. There is a whole structure that parties are supposed to play in the political ecosystem of being the interlocutors between ordinary people and the caucuses in the capital – it’s not just about mobilizing volunteers to make phone calls and knock on doors during a campaign. It’s not just about election machinery. It’s about the lifeblood of politics.

But this is where we are – our bastardized leadership selection process, twisted into a parody version of American presidential primaries, has centralized power, and hollowed out parties so that they are no longer performing the functions they were designed to do, and instead are merely vassals to the personality cults that have added brand recognition. It’s utterly debased how the system is supposed to work, and campaign guys like these help to fuel the demise.

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