Roundup: Pretending there’s a shortcut

The NDP spent the day yesterday trying to make hay of their private members’ bill, which purports to create a national pharmacare programme. Unless the party has been secretly negotiating with the provinces, it will do no such thing, and it’s pretty much guaranteed that the bill is unconstitutional, both on the grounds that it delves into areas of provincial jurisdiction and the fact that it is inherently a money bill, which would require a Royal Recommendation – which they’re not going to get. Beyond that, this is performative grandstanding that seeks to short-circuit the actual work of implementing a national pharmacare programme that the government is already doing.

Because seriously – I was inundated with replies over Twitter about how the Liberals also promised pharmacare, so how was this different? It’s different because the Liberals a) promised negotiations with the provinces, and b) already have a roadmap to implementation through the Hoskins report, whose steps they are following and have invested money toward. I was also reminded constantly that this bill was modelled after the Canada Health Act, so everything should be fine – err, except that the CHA was the end-product of federal-provincial negotiations, not the starting point to be lorded over the provinces, nor does this address the fact that it is inherently a money bill, which Private Members’ Bills are forbidden from being.

I am also somewhat tickled by the fact that the NDP are considering this bill to be some kind of fait accompli, and in a press release, they claimed that this bill would “guarantee” coverage for Canadians. But that’s a lie,  because none of it can happen if provinces don’t come to the table, and several of them are balking at it because it’s expensive (and the expected savings over the longer term won’t be realised right away), and we are already going through the usual hoops of Quebec saying their provincial plan is good enough and if the federal government wants to go ahead with a national plan then they should be able to opt out with full compensation – and you can bet that Alberta will make the same demand if Quebec is. This bill will not be a shortcut to those negotiations, as much as they might like it to be. The government is moving ahead with the Hoskins Report, which may be slower, but that’s how things get done. Trying to claim they’re not living up to their commitments is one more falsehood that the NDP have become adept in promulgating in order to score political points.

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QP: O’Toole with the follow-up

Wednesday, proto-Prime Minsters Questions Day, and all of the leaders were present. Erin O’Toole led off, with his script on the mini-lectern in front of him, and not only declared that Canada would not get vaccines until other countries do, and demanded the “real” vaccine plan. Justin Trudeau assured him that Canada has one of the most robust vaccine plans in the world. O’Toole was not mollified, and again demanded the plan, to which Trudeau gave some bland platitudes before he said they had a numerous plans for distribution in the works. O’Toole complained he wasn’t getting a real answer, wondered about American “emergency” approvals for drugs, and accused the government of not having a plan. Trudeau gave a weary sigh and noted that people don’t care about what they hear in QP, but that they wanted the government to get stuff done, and they were. O’Toole switched to French to complain that the government was been mean to Quebeckers by not applying the province’s Bill 101 to federal workplaces, and Trudeau assured him that they were committed to protecting the French language in Quebec. O’Toole then mischaracterised comments by MP Emmanuella Lambropoulos as being “contemptuous” of Quebeckers, and Trudeau assured him that she had apologised for the her remarks. Yves-François Blanchet picked up on this line and decried the decline of French, and Trudeau repeated that they respect French and were working to strengthen it. Blanchet ratcheted up his rhetoric for his follow-up, and Trudeau wondered why the Bloc was trying to start a fight over something the government agrees with. Jagmeet Singh was up next, and in French, he accused the government of doing less in the second wave than they did in the first to which Trudeau listed measures that they have taken to assist the provinces. Singh then switched to English to repeat the accusations, and Trudeau repeated his response. 

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QP: Taking the Chinese menace seriously

It was Tuesday, and all leaders were present for a change. Erin O’Toole led off, script on mini-lectern and he demanded that the government start imposing sanctions on China, given that this was the subject of their Supply Day motion that is being debated in the Commons during the rest of the day. Justin Trudeau picked up a script to read that we have a complex, multi-dimensional relationship with China, and that Canada speaks out for human rights. O’Toole worried about Chinese agents entering the country posing as students, to which Trudeau stated that security agencies do a good job, and that most of this work doesn’t show up in the newspaper. O’Toole mentioned Huawei before demanding more stringent measures to protect Canadians from Chinese agents, to which Trudeau led a list of measures that have been taken. O’Toole switched to French to demand that Huawei be banned from the 5G network, to which Trudeau read a script about the work they were doing to ensure safety. O’Toole then demanded a modernisation of the Official Languages Act, to which Trudeau insisted that they were concerned about the decline of French, which is why they committed to modernising the Act in the Throne Speech. Yves-François Blanchet was up for the Bloc, and he lamented a statement made by the heritage minister about freedom of expression, to which Trudeau assured him that they take it very seriously. Blanchet raised the concerns about “censorship” at Radio-Canada over what appears to have been a warning over a sketch that included Blackface, to which Trudeau reminded him that they don’t direct Radio-Canada. Jagmeet Singh was up next, and in French, he groused that his party’s motion on wealth and excess profit taxes was voted down, for which Trudeau reminded him that their first action as a government was to raise taxes on the one percent, and that the NDP voted against it. Singh tried again in English, naming the Weston family in particular, and Trudeau repeated his answer.

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QP: Worries about the status of French

None of the leaders were present in the chamber today, nor was the deputy prime minister present. Candice Bergen led off, and after a litany of false narratives about the state of the economy pre-pandemic, she worried about the state of the Keystone XL pipeline. Paul Lefebvre insisted that the government was unwavering in its support for the project and raised the project in the first call with Joe Biden. Bergen felt this wasn’t good enough and recited some false talking points about the old Bill C-69, to which Lefebvre repeated that Trudeau raised the matter with Biden and that Canada’s current climate plan was a point in their favour. Bergen remained unsatisfied, and repeated the question again, to which Lefebvre quoted Joe Clark slamming the Harper record on the environment. Gérard Deltell was up next, and he chastised something that Montreal MP Emmanuella Lambropoulos made about the decline of French in that city, to which Mélanie Joly assured him that they took the protection of French very seriously. Deltell complained that Official Languages Act had not yet been updated, to which Joly said they would be modernising it in due course. Claude DeBellefeuille led off for the Bloc, and she raised false narratives about judicial appointments, to which David Lametti assured her that they have an independent process based on merit and diversity. DeBellefeuille was not mollified, and repeated the question, and got the same answer. Jagmeet Singh appeared by video from his car, and in French, he demanded national standards for long-term care, to which Patty Hajdu reminded him they are working with provinces and territories on just that, and they gave them more money in the Safe Restart Plan. Singh switched to English to repeat false narratives about the ownership of Revera long-term care homes (they are not actually federally-owned, and insisting otherwise is being utterly disingenuous), to which Hajdu repeated her response.

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QP: Reminder that it’s a novel virus

It was Thursday, and neither the prime minister nor his deputy were present, which generally means a less exciting day. Erin O’Toole led off, script on mini-lectern, and poked out inconsistencies in the story around the Global Public Health Information Network, to which Patty Hajdu related early actions by the government and Dr. Theresa Tam, as well as citing that she would say more about the GPHIN soon. O’Toole tried to call out inconsistencies in early pandemic advice, to which Hajdu reminded him that it’s a novel virus that we are still learning about. O’Toole called the decision around GPHIN politically motivated, to which Hajdu said that when she was alerted to the changes, she ordered and external investigation, and she would have more to say about that soon. In French, O’Toole accused the government of losing control of the pandemic, and Hajdu listed federal actions. O’Toole then concern trolled about testing, to which Hajdu listed the rollout of new rapid tests. For the Bloc, Stéphane Bergeron trolled the prime minister about his call with the president of France, to which François-Philippe Champagne pointed out what was wrong about the premise of the question, and reminded him that Canada defends freedom of expression around the world. Bergeron asked when there was going to hold a debate on acceptable limits to freedom of expression, to which Champagne rebutted his assertions. Jagmeet Singh was up next to lead off for the NDP, and in French, he worried about the record profits of web giants, to which Steven Guilbeault reminded him at they are now treating web giants the same as traditional players in the creative market. Singh switched to English to rail about the Westons making profits in the pandemic, for which Sean Fraser said that they were supporting front-line workers, and that they raised taxes on the top one percent, which the NDP voted against. 

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QP: A minister for divination?

Justin Trudeau was in town and on another “virtual” tour while his deputy was in the Commons in his stead. Erin O’Toole led off with his script on a mini-lectern, and he tried to tease out a contradiction in the status of the pandemic early warning system, to which Chrystia Freeland slowly and calmly stated that it was the time to focus on the second wave, but post-mortems should come later as one should not change the plane’s engine after taking off. O’Toole was not mollified, and tried again, but Freeland was not dissuaded in her calm dismissal. O’Toole tried to delve into news reporting about Freeland disagreeing on closing borders earlier in the pandemic, and Freeland calmly walked through the history of the Canada-US border closure. O’Toole switched to French to decry the terrorist attack in France earlier this morning and accused the prime minister of not taking it seriously, to which Freeland corrected him and said that all Canadians are horrified by the attack and they show solidarity with France. O’Toole wondered what happened to the promised de-radicalisation centres, to which Freeland calmly stated that they never failed to step up and show leadership, and that Canada stands with France. Stéphane Bergeron led for the Bloc, even though Yves-François Blanchet was present, and he demanded an official apology for the October Crisis, to which Freeland reminded him of the period in question and of the family of the Quebec politician who was killed by extremists. Andréanne Larouche tried again, and Freeland gave a paean to democracy and the space for disagreements. Jagmeet Singh was up next for the NDP, and in French, he decried the situation in long-term care facilities but wondered where the national standards were, and Freeland slowly explained that they need to work with provinces and territories as the second wave has hit. Singh switched to English to decry that the worst problems were in for-profit homes, and made an allusion to the falsehood that the federal government owns some of these facilities. Freeland agreed that they can’t turn a blind eye to the conditions in long-term care facilities, and that the country needs to do better.

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QP: Reaching on a false premise

The prime minister was in attendance today, though his deputy wasn’t. Alas. Erin O’Toole led off, script on his mini-lectern, and he noted the two American CEOs who crossed the border without quarantines, and that if the public safety minister didn’t have the power to approve them, it must have been the PMO — a blatant reach based on a false premise. Justin Trudeau reminded him that these were decisions made by CBSA officers at the border in error — then congratulated the victors of last night’s by-elections. O’Toole then asked about the public inquiry into the Nova Scotia mass shooting, and Trudeau gave a somewhat platitudinous response about moving ahead with the inquiry at the behest of the families. O’Toole wondered just who was in charge of the RCMP if there were differing opinions in Cabinet about calls for her to resign, and Trudeau read a script about acknowledging systemic racism in the Force. O’Toole switched to French to lament rapid tests and the early numbers that came from China, and Trudeau explained everything they did to help families, which was what mattered. O’Toole then worried that the prime minister was blaming provinces for inaction and demanded they get to work, to which Trudeau reminded him there are areas of provincial jurisdiction and that he working with provinces to ensure that all Canadians were taken care of. Yves-François Blanchet was up next and raised blackface and the Indian Act as racist, while trying to defend that University of Ottawa professor. Trudeau reminded him that they were working with the First Nations to get past the Indian Act, but it can’t be done by decree. Blanchet went on a meandering path about what was nation-to-nation relations, to which Trudeau reminded him that there is a diversity of opinion among First Nations, which is why they were talking at the nation’s pace. Jagmeet Singh was up next that for the NDP, and in French, he demanded universal pharmacare, to which Trudeau recited his practiced lines about how nobody should be forced to choose between food and medicine, and that they were working with the provinces. Singh then raised that the federal government as a landlord raised the rent on a daycare facility forcing it to close, to which Trudeau said they would be looking into what happened.

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QP: Confusion over police powers

The prime minister was around, but absent from the Chamber for QP, leaving his deputy in his place. Erin O’Toole led off, script and mini-lectern in front of him accusing the government of being absent on the issue of tensions around the Mi’kmaq fishery issue, to which Chrystia Freeland condemned the violence that took place, and said that federal and provincial governments were working together to recognise the Mi’kmaq rights under the Marshall Decision. O’Toole went again on the same question in French, got the same answer, then n French worried about threats that China was making, particularly around Canadians in Hong Kong. Freeland responded that the foreign minister had issued a clear statement, and that only Canada would make its own decisions on immigration. O’Toole asked again in English, and got much the same response, with slightly more specificity on the individual issues in China. O’Toole blustered more about Trudeau’s apparent “admiration for the basic dictatorship of China,” the Chinese ambassador’s comments and wondered when his credentials would be pulled. Freeland reminded him that she was well aware of what a totalitarian communist country is like, as she lived in one and reported from it, before repeating that they were standing up for human rights and the Canadian citizens in Hong Kong. Alain Therrien led for the Bloc, worrying that the government would rather go to an election than talk about the WE Imbroglio, to which Freeland said that the Government House Leader had made a sensible suggestion around a special committee on pandemic costing, which she hoped they would support. Therrien said that was well and good but still wanted a committee dedicated to the WE Imbroglio, to which Freeland reminded him of what has been released to date. Jagmeet Singh appeared by video to accuse the prime minister in French of standing by and not protecting the Mi’kmaq (never mind that policing is a provincial responsibility), to which Freeland said that they approved a request to give more resources to the RCMP on the ground. Singh switched to English to repeat the question, and got much the same response.

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QP: A parliamentary secretary flounders

Despite being in the building, Justin Trudeau was elsewhere for QP today, nor was his deputy present. Erin O’Toole led off, with a script on the mini-lectern in front of him, and he lamented that the pandemic early warning unit was scrapped months before the onset of this current pandemic. Darren Fisher got up to read a statement about the plans to conduct an independent review of the decisions taken. O’Toole was not satisfied, and demanded answers, and Fisher repeated his script on an independent review. O’Toole switched to rapid testing, and falsely insinuated that they would have eliminated the current testing backlog, though that is not the case — they are not the same. Fisher read that they are working with provinces and that new tests were approved. O’Toole blamed an outbreak in a Calgary hospital on the lack of rapid testing, and Fisher reiterated a script about working together to increase testing capacity. O’Toole switched to French to repeat the demand, and Fisher stumblingly accused the Conservatives of trying to politicise regulatory processes, but didn’t do so very effectively. Alain Therrien led off for the Bloc to demand higher health transfers, to which Pablo Rodriguez listed federal cooperation with Quebec. Luc Thériault repeated the demand, and Rodriguez said that they were dealing directly with the government of Quebec and didn’t need the Bloc to be middle-men. Jagmeet Singh was up next for the NDP, and in French, he lamented that infrastructure hadn’t been built, to which Catherine McKenna gave some happy talking points about the morning’s announcement on infrastructure priorities. Singh switched to English to repeat the question, and McKenna repeated her happy talking points in English.

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Roundup: A difference in Supreme Courts

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

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

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

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