Roundup: Cheering on an attack on institutional independence

Yesterday, Senator Claude Carignan tabled a bill that seeks to strip Julie Payette of her pension, and would strip any former Governor General of a pension if they don’t serve at least five years (never mind that nine of our 29 past Governors General did not serve at least five years). It’s an attack on the institutional independence of an office that can serve as a check on government, and needs to be called out as such.

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But just how was it discussed on Power & Politics last night? Over several segments, each of them with different pundits, the common consensus that this was great populist politics to go after an unpopular figure like Payette, and digging into the issue of their other benefits – because nothing sells in Canadian media like cheap outrage and hairshirt parsimony. The most we got to the cautionary tale was to beware unintended consequences, and that a future GG may have to invent a medical reason for a resignation (which the bill states that Cabinet would have to approve, which is entirely bonkers). Not one person – not one – raised the issue of institutional independence, and why it’s a Very Bad Thing to open the door to governments being able to threaten their financial well-being as a way to hold power over them, most especially when the beneficiaries of this independence (not only the GG, but also senators and Supreme Court justices) provide a check on the power of government. This is the level of discourse in this country? Seriously? And even more to the point, the host of the show kept steering the topic to this kind of populist, vindictiveness rather than the actual consequences of making an action like this. It is absolutely boggling, but it gives you a sense as to why things have degenerated as they have. This bill represents an existential threat to our parliamentary system, and it’s being played for petty drama and populist cheap shots.

We need better pundits in this country, and better politics shows. This is horrifying.

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Roundup: Kabuki theatre around the Elections Act changes

There are days when the state of our parliament achieves the level of farce, and we appear to be having another of those moments. Minister Dominic LeBlanc sent a letter to opposition party leaders – which seems to be a more common occurrence the days – urging them to pass the bill that would allow for pandemic-related changes to the Canada Elections Act per the request of the Chief Electoral Officer. This bill was tabled back in December, and we have just exhausted the sitting weeks in March, and it still has not even made it to committee, in part because the Conservatives have spent weeks using procedural tactics to delay debate on most every piece of legislation on the Order Paper.

LeBlanc apparently mentioned the upcoming budget in the letter, because that is a confidence measure and this is a hung parliament, so it is possible that the government could face a non-confidence vote and trigger an election at pretty much any point. And so during what debate there has been on this bill, the opposition MPs keep saying that there’s no imminent election unless the Liberals plan on calling one, and the NDP are going so far as to say that they simply need to work together to avoid one. Essentially, they get to accuse the government of opportunism for trying to do their due diligence at the request of the Chief Electoral Officer, which is cute for everyone involved.

But here’s the real kicker that makes this all a farce – the bill has an implementation period of 90 days after royal assent. The House isn’t sitting for the next two weeks, and even if they managed to have a Second Reading vote, speed it through committee and rush it to the Senate, I don’t image that it could be passed both chambers before the 23rd of April at the earliest, and only then would that 90-day clock start. That means that the changes couldn’t be fully implemented until the very end of July, meaning that even if the budget were the crux by which the government could fall (those votes would likely happen sometime in early May), there is no way that these changes could pass before a spring election could be called (considering the usual writ period of about six weeks). Any party pushing for an election without these changes would be suicidal. The government really has no interest in calling an election (seriously, and I’ve spoken to ministers who lament the number of items they have on the Order Paper that they need to see passed), especially because we are now into a Third Wave of this pandemic and there is no possible way we can vaccinate our way out of it without a time machine, so all of this chest-thumping by parties (and pleading by bored pundits) is for naught. This is all a bunch of Kabuki theatre for the sake of scoring points. We are not a serious country.

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Roundup: Not a tax but a regulatory charge

The big news yesterday was that the Supreme Court of Canada ruled 6-3 that the federal government’s carbon price backstop was indeed constitutional, and included in that ruling was that the price was not a tax, but a constitutionally valid regulatory charge. This is important for a couple of reasons – taxes go to general revenue, whereas regulatory charges must be cycled for specific purposes, and in this case, they are rebated to the provinces in which they are collected, and under the federal backstop, if a province doesn’t have a revenue recycling mechanism, these carbon charges are rebated at a rate whereby most households will get more back than they paid into it owing to the fact that institutions who pay the prices don’t get those same rebates.

Of course, you wouldn’t know it based on a bulk of the coverage in this country, for whom the common headline was “Supreme Court declares carbon tax constitutional.” CBC, iPolitics, The Globe and Mail, Global TV, the Postmedia chain – all of them using “carbon tax” throughout to describe the very ruling that says it’s not a tax. This matters for a couple of reasons – one of them is that calling it a tax is actively misleading as this charge does not go into general revenue. Why is that important? Recall that in the lead-up to the last election, then-Conservative leader Andrew Scheer kept declaring that the federal “carbon tax” would keep increasing because the government needed the revenues to pay for their deficits – a lie because it’s not a tax, and those revenues got rebated to household. But he almost never got corrected on that, because people kept using “tax.” Erin O’Toole keeps offering the lie that this “tax” is punishing low-income households, again misleading because of the rebates, which again, few people correct him on.

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The other reason it matters is because using “tax” fits it into a particular ideological framing device for which “taxes” are a bad thing. “Taxation is theft,” and all of that particular bullshit, but this is a particular frame that serves those narratives. Journalists should be under no obligation to carry water for those interests, and if anyone says “calling it a tax is just easier,” then you are party to misinformation. And I am starting to wonder how many of my journalist colleagues either didn’t pay attention or skipped the class in journalism school where we discussed framing devices and how they influence coverage. A few outlets were able to get the nomenclature correct – that others couldn’t is a problem.

Meanwhile, Jason Markusoff makes note of what certain premiers did and did not say about the result, given that this is now a reality that they will be forced to contend with. Heather Scoffield considers the decision the stake to the heart of governments’ ability to drag their feet on tackling climate change. Colby Cosh takes a deep dive into the ruling’s exploration of the Peace, Order and Good Government provisions of the constitution.

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QP: Those aren’t the transfers we’re looking for

On a slightly muggy Thursday in Ottawa, in the House of Commons, the Liberal benches were back down to three MPs, including two ministers, because we can’t have nice things. Erin O’Toole led off, script on his mini-lectern, and he decried delays in vaccines that have not materialised — mere rumours thereof — and he demanded a plan to end lockdowns. Rachel Bendayan reminded him that we are actually ahead of schedule on vaccine deliveries, and we had assurances from the European Commission. O’Toole raised the dosing directives — which is not a federal responsibility — for which Patty Hajdu launched into a spiel about science and evidence and how those evolve. O’Toole switched to French to repeat his first question, and Bendayan repeated her answer in French. O’Toole then returned to English to cite the Auditor General saying that this government shut GPHIN down, for which Hajdu countered with the expert panel report that said that problems with GPHIN did not affect when were alerted to the possible pandemic. O’Toole then repeated the question in French, and Hajdu spoke about the expansion of the Public Health Agency, and exhorted him to pass Bill C-14, which has more public health supports in it.

Alain Therrien led for the Bloc, and he declared that the announced one-time transfer to the provinces was not good enough, and he repeated their original demand of $28 billion without strings. Patty Hajdu reminded him of the other transfers and federal supports already given. Therrien was not mollified and demanded more, and got much the same response.

Jagmeet Singh rose for the NDP, and in French, raised the loss of seven women in Quebec over the past seven weeks to domestic violence, and demanded an end to this femicide. Maryam Monsef assured him that the government takes this seriously and listed some actions taken. Singh switched to English to decry that the government was not doing enough for climate change, for which Jonathan Wilkinson raised this morning’s Supreme Court of Canada ruling, and stated that the plans laid out are some of the most comprehensive in the world.

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Roundup: CBC’s baffling mandate talk

There are some pretty questionable narratives that circulate in Canadian media for a lot of very dubious reasons, and we had another winner yesterday, when Justin Trudeau was on Peter Mansbridge’s podcast. Bafflingly, he was asked if he needed to go through an election to get a “mandate” to implement his upcoming budget, and I cannot even.

I. Cannot. Even.

Trudeau – semi-correctly – noted that he does not because he already one.

This notion that we somehow have “mandates” in our system is completely divorced from reality. We don’t have mandates – governments operate on the basis of confidence. They are appointed by the Governor General based on their ability to maintain the confidence of the Chamber – they are not popularly elected. They do not need to solely operate on what was in the election, because a) events, dear boy, events, and b) they operate on the basis of confidence. If the legislature has a problem with the government’s agenda, they will let them know. It’s also incredibly difficult to claim a “mandate” in our electoral system given that we operate by plurality, and even more especially when we have a hung parliament. (More on this from Philippe Lagassé here).

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Even more to the point, why the gods damned CBC would write up 800 words on this interaction for a dynamic that does not exist in a Westminster parliamentary system like ours is boggling.

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QP: Glad you’re keeping to your Queen’s Park roots

For proto-PMQ day, not only was the prime minister present, but there were six Liberals including two other Cabinet ministers — almost unheard of in the current situation. Erin O’Toole led off, scripts on mini-lectern, and he raised the scourge of domestic violence, citing a recent incident in Quebec, and Justin Trudeau readily listed off the investments that his government had made in combatting it. O’Toole then switched to the topic of the the delay between vaccine doses, claiming the federal government mandated the four-month gap — which they did not — and complained about the delay in doses arriving. Trudeau reminded him that NACI is arm’s length and they follow guidance while they have procured vaccines that are arriving. From there, O’Toole asked if the National Security Advisor was tasked with investigating the allegations against General Vance, for which Trudeau stated that allegations were sent to the proper authorities and that politicians should not be involved. O’Toole waved an email from the former Advisor in saying he was not alerted to the allegations, and Trudeau repeated that they always forward allegations to the proper authorities, and that they need to ensure there are resources and recourse for those who come forward. O’Toole repeated that question in French, and got much the same answer. 

Yves-François Blanchet raised a Quebec port that is damaged and can’t participate in crab season, for which Trudeau stated that they are working with local authorities to ensure the safety of fishers and those who use the facilities, and that they were doing everything they could to support them. Blanchet then moved to whether a high-frequency train route would be in the budget, for which Trudeau told him to wait for the budget, before offering a paean to the people in Trois-Rivières he met earlier this week.

Jagmeet Singh then rose for the NDP, and in French, he castigated other parties in the Commons for voting down their motion on removing profit from long-term care, and Trudeau chided that this is Ottawa and they have to respect provincial jurisdiction. Singh switched to English to repeat his plaintive wail, and he got the same answer.

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Roundup: The leader and the grassroots disagree on climate change

After Erin O’Toole’s big speech at the Conservative Party’s “virtual” convention, where he said that the party needed to change if they hoped to win enough seats to form government in the future, the party apparently felt otherwise on a number of policy resolutions. The big one that will be cited for weeks to come is the fact that on a resolution to declare that climate change is real that the party needs to act on it, the grassroots voted this down – predominantly with votes from Alberta and Saskatchewan, but also from the social conservatives. It seems that Campaign Life Coalition distributed a guide to delegates, wherein they equated “climate alarmism” as a tool to justify population control and abortion, so good luck having that rational debate.

But it almost doesn’t matter because O’Toole says climate change is real, and he’s going to do something about it. What exactly is unspecified, and he also intimated that the economy comes first, so that could mean doing as little as possible using the economic recovery as cover – but it won’t be a carbon price (which is ridiculous for a supposed fiscal conservative given that it’s a transparent market-based system that allows consumers to make better choices). But this has become what happens with our political parties now that we have made them solely leader-centric thanks to our presidential primary-style leadership contests. What the leader says goes in terms of policy and election platforms, so these grassroots policy conventions have largely become theatre with little resonance to how said leader operates because his or her word is what goes. The system shouldn’t work like this, but all parties now operate in this mode, but nobody wants to address the cause of it.

To that end, Chantal Hébert weaves together O’Toole’s weakness on promising a climate plan without a carbon price, and the upcoming Supreme Court decision on it, and how those two dynamics play together. Susan Delacourt takes the “virtual” convention to heart and posits that the Conservatives have created a virtual reality for themselves if they believe that denying climate change is what will set the tone for a campaign while their leader tries to shake them out of their complacency.

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Roundup: Agitating for a political document

Unable to score points on the vaccine procurement in a meaningful way, now that sufficient quantities have arrived, Erin O’Toole has recently tried pivoting to the federal budget, or the fact that there hasn’t been one in some 700 days. Given that the party is losing its lustre in public opinion polls as being “good fiscal managers” – a bit of branding that rarely, if ever, actually proved itself to be true, O’Toole is trying to bolster their street cred. The problem, of course, is that many of his arguments are, well, not actually sound ones.

For starters, no federal budget is like a household – not even close. It’s a bogus populist argument that just refuses to die, but everyone keeps repeating it and buying into it. More to the point, O’Toole is trying to claim that nobody knows how government money is being spent, which is a falsehood. Any money that the government spends has to come through the Estimates process, which gets voted on in Parliament after going through committee study. Afterward, how that those appropriations wound up being allocated get reported in the Public Accounts, which are released every year. All of this spending is being accounted for.

What O’Toole is looking for is a political document that lays out spending plans in broad strokes. It does not on its own showcase how that money gets allocated and spent. In fact, there has been a disconnect between the budget and the Estimates going back a few decades now, because governments and civil servants preferred it that way, and when the Liberals tried to better re-align those processes in the last parliament, it did not go very well thanks in part to institutional inertia pushing back. Suffice to say, it is not true that money is being spent blindly. MPs have ostensibly been in control of the process the whole time – but whether they have paid attention to what they were voting on is another matter entirely.

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Roundup: Support on a closure motion

There appears to be some marginal progress with the government attempting to move legislation in the House of Commons, now that the NDP and the Bloc are starting to realise that something needs to be done. To that end, the Bloc have agreed to support a motion on closure for Bill C-7 on assisted dying – as there is a court deadline and only eight more sitting days between now and then – with tentative NDP support. And the NDP are also starting to realise that the current impasse could give the government ammunition to call an election (even though the only people who want said election are bored pundits), and want other bills to move.

The Conservatives, meanwhile, did pass a motion yesterday to fast-track debate on the Canada-UK trade agreement implementation legislation and MPs sat until midnight as a result, but there will be a battle over the assisted dying bill. From there, it becomes a contest of wills as to which bills are getting prioritised. The government has been trying to pass Bill C-14, which implements measures from the fiscal update back in December, before the budget is brought down (likely next month). And there is another bill to close loopholes in pandemic supports, which the Conservatives have refused to fast-track, while complaining about said loopholes. But the NDP want other bills fast-tracked instead – the creation of a Day of Reconciliation with Indigenous people, the UNDRIP bill, and finally passing the conversion therapy ban bill, which is at third reading whenever it can be brought forward. The government is also trying to get some bills past second reading so that they can get them off to committee, which you’d think opposition parties would relish.

I do find the Conservatives’ complaint that the government keeps introducing bills to be somewhat ludicrous, as though the government doesn’t have a legislative agenda that they laid out, and that they can’t try and walk and chew gum at the same time. The parliamentary calendar is finite, and there are a lot of things that this government needs to be able to do, and the Conservatives have been putting a damper on much of that for weeks now. Now that the Bloc and NDP are looking more willing to play ball with the government, one presumes that we’ll see some time allocation motions upcoming to prioritise more bills, and get them through the process, rather than give the government “more ammunition” for the election nobody actually wants.

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QP: Demanding a “real plan” for small business

There were three Liberals in the Chamber today, including Catherine McKenna once again as the designated front-bench babysitter, but the opposition benches were sparser and more male today than on Monday. Erin O’Toole led off in person, script on his mini-lectern, and he worried that the government wasn’t doing anything to save Line 5. Chrystia Freeland replied by video, stating that they are fighting for this just as they did with the New NAFTA. O’Toole gave an impassioned plea about the jobs tied to this pipeline, Freeland somewhat patronisingly replied that they are well aware of the jobs and they won’t forget those people. O’Toole then pivoted to small businesses that are suffering from the pandemic, demanding a “real plan” to save them. Freeland told him to pick a lane, between demanding government assistance or complaining about those very spending programmes. O’Toole switched to French to reference their Supply Day motion about specific budget measures for certain sectors, for which Freeland repeated her pick-a-lane line in French. O’Toole then repeated his demand for a plan for small businesses in French, for which Freeland called out the Conservative hypocrisy after they voted against a bill to provide more supports yesterday.

Alain Therrien led for the Bloc, and he worried that people were bypassing hotel quarantine rules by landing in the US and crossing at the land border, to which Freeland recited that we have some of the strongest border measures in the world, while they have to protect essential trade. Therrien was not impressed that his question was not answered and he tried a second time, and Freeland repeated her assurances about the strength of the border measures.

For the NDP, Jagmeet Singh appeared by video, and in French, he complained that government gave support for corporations instead of small businesses — a dubious claim at best — for which Freeland agreed that it was important to help small businesses, which is why it was urgent to pass Bill C-14. Singh repeated in English to demand a limit on credit card fees to help small businesses, and Freeland repeated her plea to pass C-14.

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