Roundup: Counting votes is not a measure of the Senate’s health

The National Post did an analysis of the “new, independent” Senate to see just what has changed since the prime minister Justin Trudeau began his bid to reform the Upper Chamber through the appointment process, and lo, the analysis misses the whole gods damned point. You don’t judge the effectiveness of the Senate by counting votes. It has never operated in such a way, and (quantitative) political scientists and journalists can’t get that through their heads. The Senate is not going to vote down government legislation unless it’s a dire circumstance, and usually they will only insist on an amendment once before they will let a bill pass. How many times they vote against the government is not a measure of independence either, because the objective of most senators is to let a bill get to committee where the real work happens, and they will try to amend any flaws (and even then, we’ve had a problem of this particular government needing to sponsor amendments to fix their flaws that they bullied through the Commons, until the more recent and destructive trend of telling them to pass it anyway and that they would fix the flaw in a future piece of legislation).

There are plenty of other measures by which we could talk about why the “new” Senate isn’t working from the fact that they can barely organise a picnic anymore because most of the Independent senators can’t stick to agreements on procedural matters, or the fact that the pandemic has gutted their ability to be useful aside from adding a few speeches to the record because legislation is being bullied through without time for scrutiny, or the fact that they no longer have the interpretation capacity to run many of their committees like they used to thanks to hybrid sittings burning out the interpreters. Those are all very real problems that are hurting the Senate, but it requires journalists (and academics) who know the place and what is going on, and what questions to ask, and those are almost non-existent. But hey, we counted votes, so that means something, right? Nope.

Ukraine Dispatch, Day 265:

President Volodymyr Zelenskyy visited the recently liberated city of Kherson to declare it the beginning of the end of Russia’s invasion, but also notes that the city is laced with boobytraps and mines, and that they have a significant challenge ahead in repairing critical infrastructure so that people can get electricity and water.

https://twitter.com/ZelenskyyUa/status/1592179845311635463

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Roundup: An “adult conversation” consisting solely of a demand for cash

It’s now day one-hundred-and-thirty-nine of Russia’s invasion of Ukraine, and the Russians have resumed pounding the city of Kharkiv, destroying civilian buildings. The Russian government is trying to fast-track giving Russian citizenship to all Ukrainians, an attempt to exert more influence over the country. Meanwhile, president Volodymyr Zelenskyy is calling out Canada’s decision to return those gas turbines to Russia by way of Germany, saying that Russia will interpret this as a sign of weakness that Russia will try to exploit, and he’s not wrong, but one wonders if there may not be a greater danger in alienating Germany as they are already facing rationing. For what it’s worth, the US State Department is backing Canada’s decision, but this situation was very much a Kobayashi Maru.

Closer to home, the Council of the Federation got underway yesterday, and of course the opening salvos were about healthcare funding, without strings attached. BC Premier John Horgan, who is currently the chair of the Council, was dismissive about the federal government’s concerns, calling them “accounting differences,” when Dominic LeBlanc called them out for their misleading figures about the current transfers, and the fact that several provinces are crying poor while simultaneously bragging about surpluses that they paid for with federal pandemic dollars, of the fact that Quebec is sending vote-buying cheques out to people ahead of their election. And LeBlanc is absolutely right—there need to be strings to ensure that provinces won’t use that money to pad their bottom line, reduce their own spending, or lower taxes, because they’ve all done it in the past. The best part is that Horgan keeps saying he wants an “adult conversation,” but the only thing the premiers are bringing to the table is a demand for more money, and that’s it. That’s not an adult conversation. (For more, the National Post took a dive into the issue, and came out with a fairly decent piece that includes the actual history of transfers, tax points, and provinces who spent those health care transfers on other things).

There will be a few other things discussed, and there’s a primer here about them. Jason Kenney wants to spend the premiers meeting pushing back at the federal emissions reduction targets, because of course he does.

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Roundup: A bill to swiftly pass?

We’re at day one-hundred-and-fifteen of Russia’s invasion of Ukraine, and it sounds like Severodonestk is still contested territory, under constant Russian shelling making it impossible for civilians trapped under a chemical plant to escape. UK prime minister Boris Johnson visited Kyiv for a second time, promising more arms as well as training for soldiers on a rotating basis. At the same time, the European Commission is recommending Ukraine for consideration for EU Membership. Meanwhile, a Ukrainian soldier who recorded the atrocities at Mariupol has been freed from Russian custody, while the Ukrainian Cabinet approved a resolution to bar Russian citizens from entering Ukraine without a visa.

Closer to home, the federal government tabled a new bill aimed at responding to the Supreme Court of Canada decision five weeks ago that allowed automatism as a defence in very narrow circumstances. The bill eliminates “self-induced extreme intoxication” as a defence, while leaving automatism out in those very rare cases where it would be unknowable that one might enter into this state, which points to the fact that in at least one of the cases before the Supreme Court that led to the provisions being struck down was that it was simply a bad trip that they didn’t know would happen as he had never done mushrooms before. David Lametti also indicated that he’s been in discussion with the other parties, and it sounds like this could be a bill that gets passed at all stages next week before the House of Commons rises for the summer (and likely leaving any actual scrutiny up to the Senate, if they have the appetite to do so before they also rise, way too early).

I also did note that during the press conference announcing the bill, minister Marci Ien had some fairly critical words for her former media colleagues in how the Supreme Court of Canada decision had been reported, where the headlines were that “extreme intoxication is a defence,” which isn’t what the judgment said, and the judgment very clearly differentiated between extreme intoxication and a state of automatism. Nevertheless, bad headlines led to disinformation that was making people afraid (and Ien cited her own daughter’s experiences reading social media about this decision, and she listed some of the figures that these disinformation posts got in terms of likes and shares). And I remember reading those headlines, and listening to the outraged questions in QP in the days that followed, and having to sigh and point out that no, that’s not what the Supreme Court ruled, and it would help if they actually read the gods damned decision because it was all right there. But sadly this seems to be the state of the media discourse these days, so good on Ien for calling it out, especially given the fact that she was herself a journalist.

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Roundup: Freeland is setting her policy own agenda—oh noes!

The Globe and Mail had a strange hit piece out yesterday that was largely targeted at Chrystia Freeland, but it was kind of all over the place and seemed to be missing the mark on a few different tangents. It was framed around Michael Sabia, the new-ish deputy minister of finance, and the fact that he hasn’t made any headway in reining in spending or coming out with a “growth agenda,” as though we aren’t still in a global pandemic that has required extraordinary government fiscal measures in order to keep the economy from spiralling into a depression, or the fact that the last budget was a growth agenda, but it was focused on inclusive growth rather than tax cuts, which a particular generation cannot wrap their heads around (and the fact that the piece singles out the childcare plan is evidence of this fact).

What was particularly troubling about the piece was the fact that it couldn’t quite decide how it was attacking Freeland. On the one hand, it worried that she was too hands-off in the department, leaving Sabia to manage it while she dealt with big policy items (for which she was attacked in absentia during Question Period yesterday), while at the same time, it is overly concerned that Department of Finance officials aren’t driving policy, but the government is. Which, erm, is kind of how things work in our system. The civil service is supposed to provide fearless advice but also do the work of implementing the policies and directives of their political bosses. That’s the whole point of a democracy—this is not a technocracy where the bureaucrats run the show, and if these sore Finance officials have a problem with that, perhaps they either need a refresher on how this works, or they need to find themselves out of the civil service.

https://twitter.com/kevinmilligan/status/1470409184076185600

None of this is particularly surprising, mind you—there are still too many pundits and journalists who still think it’s 1995 and will always be 1995, because that is the established media narrative by which they must always obey (and this hit piece also touches on the Cult of the Insider narrative as well with all of the anonymous inside sources). And the fact that Freeland is a woman holding the job, and is focusing on things like inclusive growth and not the usual “tax cuts=jobs” agenda frankly makes it too easy for the 1995 narrative to keep being circulated. But it’s not 1995, and perhaps it’s time that We The Media stop pretending otherwise, because this kind of hit piece was frankly something that should not have seen the light of day.

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Roundup: Enter Omicron

If it all feels like a little bit of history repeating, the World Health Organization declared a new variant of concern, B.1.1.529, designated Omicron, yesterday, and in the lead-up to that decision, there was a lot of the same kinds of usual behaviours from the usual suspects. The variant was detected in South Africa (where there is apparently good surveillance), and has been spotted in seven southern African countries thus far. Conservatives demanded travel advisories and wailed that the border needed to be closed – never mind that there are no direct flights between Canada and South Africa – and gave some revisionist history about their demanding the borders be closed with the original COVID outbreak (when they demanded the borders be closed to China, whereas the vast majority Canada’s infections came by way of Europe and the United States).

But by mid-afternoon, the government did lay out new restrictions, but we’ll see how much of it is effective, or how much of it is pandemic theatre.

This is happening at a time where COVID cases have been ticking back upward across much of the country, prompting fears of a fifth wave being on the horizon as people get lazy with public health measures and start taking masks off indoors, or the like, while those who refuse to get vaccinated remain petri dishes for new variants to emerge or for it to enter into new animal reservoirs where it can mutate yet again. Essentially the way out of this remains getting vaccinated and keeping up good public health measures – most especially masking because we know that this is airborne – and maybe we can keep this fifth wave blunted and the Omicron variant largely tamed. But people are idiots, so things could get a lot worse once more.

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Roundup: Curious demands for suspended campaigns

The situation in Kabul seems to have had a secondary effect during the campaign, which have been repeated calls for the prime minister and/or affected ministers to suspend their campaigns in order to deal with the crisis. While it sounds like a good idea, I can’t help but feeling that this is strictly performative, especially given the situation on the ground.

For starters, having them in Ottawa at this point wouldn’t make that much of a difference, as the vast majority of civil servants are still working from home, and these ministers have just been through a year of remote or hybrid Parliament, and managed to do their duties from home for much of that, so why they couldn’t just keep doing it during this situation – and by all accounts that’s what they are doing – just strikes me as odd, but again, this instinct of performativity – being seen to be looking like they’re doing the job, as opposed to just doing it. And it’s not like they would be micro-managing the civil servants processing these approvals either, so again, I’m not sure why the need to suspend their campaigns is really there. The prime minister attended a G7 teleconference while on the road, other ministers have been providing daily briefings to the press from their homes over the past week or so, so again, there doesn’t seem to be a genuine need to suspend.

Meanwhile, Jagmeet Singh is declaring the airlift mission to be a “failure” without necessarily understanding the situation on the ground, while Erin O’Toole, with his military experience, is simply proclaiming that he would have had “a plan,” as though any plan survives the first engagement. It was a fast-moving situation where we didn’t have assets of our own on the ground and were reliant on our allies, who weren’t necessarily dependable in their own right – made all the opaquer by the need for operational security. Of course, their real goal is to make the current government look like they’ve been incompetent on the file, and while I will agree that some of what happened can be attributed to our culture of risk-aversion, I think we need to try and keep some of the context of the situation in mind, rather than jumping to knee-jerk conclusions.

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Roundup: Being called to the bar of the Commons

Following the motion in the House of Commons that the head of the Public Health Agency of Canada has been found in contempt of Parliament for refusing to turn over national security documents to a House of Commons committee, and is being summoned to the bar of the Chamber on Monday, said PHAC president is faced with a possibly impossible choice – if he turns over the documents, he is in breach of the Privacy Act and the Security of Information Act. If he doesn’t turn them over, he is in contempt of Parliament and its powers of production – and he has not been guaranteed immunity if he turns those documents over, not that the MPs who demand these documents care.

What is perhaps more worrying is the apparently cavalier way in which this is being dealt with, as there is very little security around this. The Canada-China committee, which wants these documents, has no security clearances, nor are their communications even secure – the “hybrid” sittings are done over Zoom, and while it’s a slightly more secure version than the commercial one, it’s still not actually secure. As well, I am not particularly moved by the fact that they say that any redactions will be done by the House of Commons’ law clerk, because I’m not sure that he has the necessary security clearance to view the documents unredacted, nor does he have the background and context to read those documents in and apply redactions properly. This is a pretty serious issue that these MPs are handwaving over, and frankly, the way that they have abused the Law Clerk and his office over the course of his parliament by demanding that he perform the redactions on millions of documents that could wind up leaking commercially sensitive information has been nothing short of shameful. It certainly hasn’t been filling me with any confidence that any of the information will be treated with proper seriousness considering that they aren’t promising actual safeguards – or immunity. It very much makes this look more like grandstanding over a proper exercise in accountability.

Meanwhile, here is a history of people who have been summoned to the bar in the Commons, the last time which was in 1913, where the person refused to testify, and spent four months in a local jail until the parliamentary session expired. It’s a power that has very much fallen into disuse, but interesting nevertheless.

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Roundup: Bold new climate action

As expected, Justin Trudeau and Jonathan Wilkinson (along with Steven Guilbeault for good measure) announced the next round of climate action to get us to the Paris targets, and it includes a rapidly increasing carbon price, which immediately had conservative premiers like Doug Ford and Jason Kenney go into full meltdown about how this was going to crush the economy and make life unaffordable for people – never mind that it’s designed to be revenue neutral. We even had political show hosts try to frame this issue as “can we afford climate action when the economy is terrible?” which is both irresponsible in that it presents a false binary and a wrong expectation that climate action is costly as opposed to able to provide cost savings. As part of this, a more enhanced rebate for those provinces subject to the federal price was announced so that people will be getting larger quarterly front-loaded rebates so that they can offset their increased costs and make smarter choices and keep more of their money.

https://twitter.com/MikePMoffatt/status/1337535225245655041

Meanwhile, Heather Scoffield declares the plan to be bold, but worries that there is no alternative to a carbon price if the Supreme Court of Canada strikes down the current one (but that ignores that they could impose it by a different legislative mechanism). Paul Wells is also surprised by the audacity of the plan, given that this government likes to try and take the easy route rather than make the politically hard sell of carbon pricing.

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Roundup: Feigned confusion and a filibuster

As anticipated, the government unveiled their reforms to the wage subsidy programme yesterday, which included more of a sliding scale for revenue drops and how much support businesses could get before the subsidy phases out, which helps ensure that businesses don’t reach a “cliff” in terms of restart growth only to have that support ripped away at an arbitrary level. This has the business community both applauding the government for responding to concerns, while also moaning that it’s so complicated now, which has some economists rolling their eyes. It also looks like the government that insisted they don’t like abusive omnibus bills is rolling the legislation for these changes in with the new-and-improved disability payments, as well as the justice timelines legislation, so that’s something to look forward to when the House comes back next week for a single day.

Meanwhile, the Ethics committee met yesterday to start their own look into the WE Imbroglio (conveniently with many of the same faces who subbed in at the Finance Committee during its hearing), to which the Liberals on the committee, knowing that they don’t have sufficient votes, decided instead to filibuster things, which is not a good look. Their arguments that this undermines the work of the Ethics Commissioner ignores that his role is supposed to support them, not the other way around; the fact that they were blocking a motion to demand the receipts from Margaret and Alexandre Trudeau’s public speaking events from their Speaker’s Bureau going back to 2008 is a little more suspect, and I haven’t heard a reasonable rationale for it or how it relates to the proposed study on how well the conflict-of-interest regime is working. Suffice to say, this isn’t a good look for the Liberals, and there are better ways of beating the Conservatives at their own game than playing into their hands. It’s too bad that they can’t seem to grasp that.

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Roundup: Testing names in the field

Over the weekend, I got a call from a public opinion research company who was doing a survey on the Conservative leadership race. While many of the questions were fairly loaded or leading when it came to things like carbon pricing, and there were a lot of questions relating to just how progressive one thinks a future Conservative leader should be, I was most fascinated by the testing about potential candidates. There was an open-ended opportunity to provide a name that one might think could entice voters to switch to the Conservative party, followed by a list of names where one was invited to rank how much it would make you switch your vote for the Conservatives. That list: Gerard Deltell, former Bank of Canada Governor Mark Carney, Doug Ford, Jason Kenney, Jean Charest, Peter MacKay, Rona Ambrose, Lisa Raitt, Pierre Poilievre, Erin O’Toole, and Christy Clark. The inclusion of Carney is a head-scratcher considering that there was a Big Deal a few years ago about his apparently sniffing around the Liberals about a possible future leadership bid, while the fact that Michael Chong was left out despite his previous leadership run and the fact that he has stated he is seriously considering another go of it. So anyway, make of the list what you will, but those are the names that someone is testing.

Meanwhile, the first “official” declared candidate is Bryan Brulotte, a one-time Progressive Conservative staffer and failed candidate, who is pitching a negative income tax and “luxury tax” in lieu of a carbon price. Pierre Poilievre is also planning to announce his candidacy today, with John Baird chairing his campaign – though one wonders if that will conflict with his post-mortem report on how the party botched the election.

On that note, here’s Jess Morgan’s argument why he would be the absolute worst thing, while Paul Wells sizes up what we know of the race to date, and what kinds of choices the party faces in the process.

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