Roundup: Yes, the Conservatives did it too

Amidst the faux drama in QP this week about the apparent discrepancy between the Dogwood Initiative getting funding for an anti-Kinder Morgan activist while the government refuses to give funding to groups that use such summer jobs grants to pay for students to distribute fliers of aborted foetuses, or to groups that refuse to hire LGBT students, I find myself losing patience with the constant refrains that if the Conservatives engaged in this kind of behaviour, there would be riots in the streets.

Reminder: the Conservatives did engage in that kind of behaviour. They wantonly defunded all manner of organizations, whether they ensured that women in developing countries could access safe abortions, whether they advocated for women’s equality here in Canada, or if they were ecumenical social justice organizations that engaged in education and outreach at home and abroad. They defunded the Court Challenges Programme which helped ensure that minority groups like the LGBT community could do the work of bringing their challenges to the Supreme Court of Canada (because it’s expensive and law firms can’t do it all pro bono). They cut funding to HIV and AIDS services organizations and diverted all manner of funding to a vaccine initiative that they then flaked out on and frittered away millions of dollars so that they had no impact (and the results of those cuts are still being felt today as the current government wants to shift funding priorities to prevention). They prioritized refugee resettlement for Christians in the Middle East over Muslims. They engaged in abusive auditing over charitable organizations that opposed them ideologically. All of this happened, in the most petty and mean-spirited manner at that, and there weren’t riots in the streets. There were a handful of protests, and the media barely mentioned a number of these cuts.

Is the way that the government handled this attestation on the Summer Jobs Grants heavy-handed? Yes. Was the wording clumsy? Probably. But groups aren’t being denied funding because they’re faith-based – they’re being denied funding because they’re refusing to either sign the attestation, or they’ve tried to rewrite it to suit themselves, despite the fact that the government has said repeatedly that “core mandate” refers not to values or beliefs, but daily activities. In all of the rhetoric and pearl-clutching, the actual facts are being distorted and need to be called back into focus. We also need to focus on the fact that the real problem here is that MPs get to sign off on those grants, which is a violation of their roles as guardians of the public purse, and instead makes them agents of the government in distributing spending (clouding their accountability role). But sweet Rhea, mother of Zeus, this constant invocation that “if the Conservatives did it…” is bogus and amnesiac. They did it. All the time.

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Roundup: The struggle of independent senators

Despite the news being a day-old yesterday, the departure of Senator David Adams Richards from the Independent Senators Group got a bunch of tongue wagging, and even more wannabe comedians making lame jokes about Senate independence. Richards stated repeatedly over the past two days that he wasn’t pressured to vote or do anything by the ISG, but wanted to be “truly independent,” though I’m not sure he quite understands what he’s signing up for. Amidst this, the memo written by Senator Gold to his ISG colleagues about his conflict with just how independent they can be without defeating government bills also hit the news (despite the fact that I wrote about this in my weekend column), which got even more wannabe commentators to start opining about who is really independent in the Senate without having a clue about what is going on. (I will credit Althia Raj as being the only person who did have a clue yesterday, so there’s that).

So, to recap, the Independent Senators Group don’t whip votes or force attendance but organize for the purposes of logistics and to advance the cause of Senate modernization. Logistics include things like allocating office space, and also things like committee assignments, because of the way the Senate operations work, spots are divided up between caucuses, and the ISG is granted their share of committee seats. Any senators outside of the three caucus groups have a much tougher time of getting those committee seats. This is something that Richards is going to face if indeed he wants to do committee work. If he doesn’t, well, that’s going to be an issue because much of the value of the Senate comes from their committee work, which is superior to committee work coming out of the Commons by leaps and bounds.

As for the struggle for how independent Senators should be, part of the problem is that they’re getting a lot of bad and conflicting information, much of it coming from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, who is deliberately misconstruing both the history of the Senate, the intent of the Founding Fathers, and how the Senate has operated for 150 years. Part of this stems from the fact that he refuses to do his actual job – he won’t negotiate timelines with the caucuses because he thinks that horse-trading is “partisan,” and he wants to ensure that government bills can’t get defeated by means of a Salisbury Convention so that he doesn’t have to do the work of counting votes to ensure that he can get those bills passed. And the Independent Senators are caught in the middle of this, too new to understand what is going on, and getting a lot of bad advice from people who are trying to force their own ideas of what the Senate should look like, and they’re afraid of accidentally defeating a government bill and having public opinion turn against them as being anti-democratic, and the like. So there are serious issues being contemplated, and the commentary coming from the pundit class right now, who think they’re being clever but who actually don’t have a clue about what they’re talking about, helps no one. And if people want to grab a clue, I have a collection of columns on the topic they can read up on.

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Roundup: Carbon tax figures in context

The Parliamentary Budget Officer released his latest economic and fiscal outlook yesterday, which included some not unexpected things like warnings that the deficit might be larger than anticipated, or that debt servicing charges might start to increase, or that some government programmes may wind up costing more than stated in the budget. All fair game. But it was his analysis of the federal carbon price that really go the Conservatives (and their mouthpieces) excited – and as usual, it was an exercise in cherry-picked numbers that ignored the context of what was actually said.

In this particular case, the headline number was that by 2022, when the full $50/tonne price is implemented, the price could – and one has to stress could– cost the economy 0.5 percent of GDP, or $10 billion. And this had the Conservatives, and Pierre Polievere in particular, whooping at the government about how this was going to kill the economy. The problem is that the report goes on to say that if provincial governments actually recycle those revenues through reducing corporate or personal income taxes, for example, it would nullify that effect. Not that things like context or nuance, or even truth will dissuade a political talking point. University of Calgary economist Trevor Tombe explains more here:

Tombe also found this bit of the report overlooked by other media reports:

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QP: Borders and carbon prices

On a warm and sunny Monday in the nation’s capital, all of the leaders were present, so it was either going to be a really good day…or an insufferable one. Andrew Scheer led off, mini-lectern on desk, and he noted the unfolding situation of an alleged attack in Toronto with a white van running down pedestrians. Justin Trudeau noted that his thoughts were with those affected, and he would update the House as he learned more. Scheer then asked about the number of irregular border crossers affecting those who “wait in line” — except there’s not a line for asylum seekers, there’s a process, and he’s conflating it with immigration. Trudeau noted that Canada is signatory to international conventions, and that any arrivals are processed and that they go through proper security checks. Scheer tried again, and this time Trudeau wondered if Scheer was suggesting that they violate their international obligations. Scheer then turned to the PBO report on carbon pricing, and he cherry-picked one figure that portended doom (where the report stated differently). Trudeau gave a weary sigh, and reminded him that the economy and the environment go together. Scheer tried to insinuate that there was some kind of cover-up about the “economic damage” that a carbon tax would do, and Trudeau hit back that if Scheer was so concerned about secrecy, he should stop censoring Maxime Bernier. Guy Caron was up next for the NDP, and after he made a quick statement about the situation in Toronto, he demanded the immediate implementation of a universal pharmacare programme. Trudeau took up a script to say that the system can be improved and they are consulting on a national pharmacare programme — note that he didn’t say universal. Caron asked again in French, detailing previous Liberal promises, and Trudeau said that the NDP wanted to set up something without a clear plan, which is why his government set up an advisory committee to study and evaluate a universal pharmacare programme (not sure if universal was just a translation issue this time). Rachel Blaney took her own turn to demand pharmacare, and Trudeau repeated his answer about needing a plan, emphasising the digs at the NDP in the process. Blaney tried again, and got the same answer.

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Roundup: Unconstitutional threats

Alberta’s Bill 12, that would give its energy minister the power to declare what can go in the pipelines that leaves the province, is almost certainly unconstitutional (and I think they’re being too cute by half in saying that it’s not because it doesn’t target BC specifically). It’s way overbroad in terms of the powers it gives the minister, and even if it somehow manages to pass constitutional muster, you can imagine that it would certainly be struck down by the courts for the sheer scope of how arbitrary it is. And in case you think that the pressure tactics of raising gas prices in BC are sound, it’ll likely do more damage to their own producers and refineries, whose supplies and production they are curtailing. So bravo for thinking that cutting off your nose to spite your face is good public policy, guys.

The premier of Saskatchewan, Scott Moe, says that he’s going to pass his own version to back up Alberta in their fight. Because that’s helpful. BC, meanwhile, says that because the bill is blatantly unconstitutional, it’s likely just a political bluff – but if it’s not, they’ll sue Alberta for it, as well they should. Alberta’s minister insists that it’s no bluff. So here we are, with few grown-ups in the room apparently, because they’re lighting their hair on fire to do something, anything, now, now, nowrather than coming up with a measured and reasoned response to the situation. And then there’s Michelle Rempel’s take. Oi.

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Roundup: Justice bill under fire

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.

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Roundup: Giving the PBO confidential data

In his report to parliament about the latest federal budget this past week, the Parliamentary Budget Officer made note that some of the information that they requested was given to them on a confidential basis – in order for them to check the maths, but not report on it public (at least for the time being). It’s a bit of an oddity that the PBO says it puts them in an awkward position, and it also raises questions about the government’s commitment to transparency.

Recently, the Department of National Defence gave the same kind of confidential information to the PBO regarding its 20-year expenditure plan, which one suspects may have to do with either sensitivities in the procurement process (remember that they have been insisting on particular secrecy declarations for those involved in the process), or not wanting to tip their hands on how they’re planning on rolling out their procurement just yet. Maybe. The government says that the budget information that was confidential was because it related to departments or Crown corporations whose information had not been approved by Treasury Board or vetted for release, which makes a certain amount of sense, and does give rise to concerns that the real stumbling block is the bureaucracy and not the government. Backing up this supposition has been complaints that Treasury Board president Scott Brison has made around his difficulty in getting departments onside when it comes to the process of reforming the Estimates, so that they reflect the budget rather than the previous fall economic update and subsequently relying on Supplementary Estimates in order to “correct” the spending plans to reflect said budget (and part of that problem has been ever-later budget releases that come after the statutory Estimates tabling dates). And our civil service, for all of the plaudits it gets internationally, is sclerotic and resistant to change, often exacerbating the “culture of secrecy” around any kind of transparency (though one also has to factor in a certain amount of incompetence around that secrecy – sometimes they’re not being secret for the sake of secrecy, but because they’re simply unable to find needed information).

There have been complaints from the pundit class that the Liberals have subverted the PBO in this manner of giving confidential information, but I’m not sure that I’m ready to go there. They could have simply stonewalled, forcing an escalation of tactics, but they didn’t. They wound up caving and giving the PBO way too much authority and way, way too broad of a mandate when they reformed his office and turned him into an Independent Officer of Parliament, and I will reiterate that they did turn over the information. The question is does this start a pattern, or is this a kind of temporary status while they continue to push the departments into making this kind of data available in a timelier manner, much like the Estimates? I’m not willing to make a final pronouncement just yet, but I am going to consider this notice, and will keep an eye on how this progresses (particularly because I do think Estimates reform is vitally important to Parliament, and if we have the same kinds of problems, then it’s a sign that there’s a systemic issue that needs to be dealt with).

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Roundup: 20 years of Vriend

There was a particular milestone that has personal significance to me yesterday, which was the twentieth anniversary of the Supreme Court of Canada’s decision in Vriend v Alberta, where sexual orientation was official “read into” the Charter of Rights and Freedoms when it comes to protection from discrimination. Why it has particular significance for me was because this happened shortly after I came out, and in many ways, it opened my eyes to the cynicism of politics.

This was shortly after I completed my time as a page in the Alberta legislature, and I had become familiar with the MLAs who worked there. As a page, you have so many friendly interactions with them, as they ask about how you’re doing in school, and they sneak candy to you from the stash at their desks, and generally made you feel like a welcome part of the functioning of the chamber. But as the decision was rendered, the newspapers were full of statements from these very same MLAs whom I had come to like and respect that were full of vitriolic homophobia that it was very much like a betrayal of everything I had come to experience about them during my time as a page. Ralph Klein, who was the premier at the time, was also publicly mulling the use of the Notwithstanding Clause to opt out of the Court’s decision, but in the end, opted to respect it, and thus proving that so much of the trials and the foot-dragging by the provincial government was merely about the performance of having to be dragged, kicking and screaming, into the present, and being “forced” to accept that gays and lesbians had rights. In other words, nobody – especially Klein, who was described by many as a liberal who adopted the Progressive Conservative mantle – had the political courage to stand up for what was right because they were afraid of the province’s Bible belt (which continues to be a thorn in the side of many to this day, with the battles of Gay-Straight Alliances in the province, and the “acceptability” in the former Wildrose party of the “Lake of Fire” comments by one of their MLAs, which eventually forced then-leader Danielle Smith to walk out, sinking the party’s fortunes).

So yes, this had a very formative impact on my political sensibilities, before I even considered journalism to be my career path. It forged much of my cynicism about electoral politics, and about the kinds of performative jackassery that is considered normal in the execution of political duties, and it especially gave me a real sense of the profiles in political courage that we see time and again, every time there’s a tough decision that MPs will defer to the Supreme Court, every single time, most recently with the decision to return the tougher decisions around medical assistance in dying back to the courts after the government refused to accept expert recommendations in their legislation. The pattern remains the same, even if the moral goalposts have shifted ever so slightly. So here’s to twenty years of Vriend, and to my human rights as a Canadian.

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QP: Gathering angry media clips

Two competing dynamics played out in the Commons today — because Parliament is not sitting tomorrow out of courtesy for the NDP’s policy convention, it was Friday on a Thursday, only slightly better attended, but there weren’t any leaders (save Elizabeth May) present. It was also a Conservative Supply Day, where the motion demanded an apology to veterans for the alleged “insult” by the prime minister during that Edmonton town hall regarding his response to why the court action against the Equitas group was still ongoing. Candice Bergen led off, reading concerns about veterans and demanding action from the prime minister. Dominic LeBlanc got up to answer, saying that they do support veterans and have put in place a pension-for-life option as well as other investments. Bergen concern trolled that the government voted down a veterans-themed private member’s bill yesterday, and LeBlanc listed the sins of the previous government when it came to respecting veterans. Alain Rayes took over in French, quoting the prime minister’s election promise, not that LeBlanc was having any of it. Rayes tried again, and LeBlanc raised the spectre of Julian Fantino when it came to how the Conservatives had respect. Rayes listed examples of the government’s profligacy except for veterans, but LeBlanc called out his contradiction before reiterating their respect. Ruth Ellen Brosseau led off for the NDP, reading questions on the same topic in English, and LeBlanc gave a less punchy response about how much they have done to date. Brosseau switched to French to read about the documents provided to the PBO around the tax gap, and Marie-Claude Bibeau got up to insist that they would study the tax gap, unlike the previous government. Pierre-Luc Dusseault heaped some condemnation on new tax treaties, and Bibeau read points about international information exchanges to fighting tax evasion. Peter Julian got up to rail about tax havens that are funding cannabis operations, but Bibeau reiterated the points about combatting tax evasion. Continue reading

QP: Not taking yes for an answer

While Justin Trudeau was present today, Andrew Scheer once again was not. That left Lisa Raitt to lead off, mini-lectern on desk, and she worried about the Trans Mountain pipeline and wanted a plan to ensure that it would begin construction this spring. Trudeau listed the actions they’ve taken on legislation and processes, said that he was meeting with premiers, and asserted that the pipeline would be built. Raitt dismissed this as platitudes and stated that Canada was not open for business, and Trudeau reminded her that the previous government’s leadership never got any projects built. Raitt asserted that the government botched Energy East, and demanded more action. Trudeau reminded her that he pitched Keystone XL to American Democrats while he was in opposition while the current opposition just talks down Canada. Alain Rayes picked up this line of questioning in French, and Trudeau repeated his first response about providing certainty and asserting it would get built. Rayes tried again, and Trudeau simply asserted that they would get the pipeline built. Guy Caron was up next for the NDP, and he concerned trolled about CRA not being accountable to parliament. Trudeau praised the actions they took strengthening the Parliamentary Budget Officer, and that they supported his work. Caron tried again in English, noting the two new tax treaties signed, to which Trudeau reminded him that they put $1 billion into the CRA to go after tax evasion. Peter Julian picked it up in French, demanding immediate action on stock option taxation and tax havens which contrasted with poverty and inequality, and Trudeau took it as an opportunity to praise their social housing investments. Julian tried again in English, and this time Trudeau praised the work of the government to reduce drug prices.

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