Tag Archives: Procurement

QP: Concerns about home-growth

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While the PM was in town today, he was not in Question Period, though Andrew Scheer was, amazingly enough. Scheer led off, first congratulating everyone who participated in last night’s by-election, and after some triumphalism, he said that the Conservatives respect provincial jurisdiction, and demanded to know why the government would force home-growth on Quebec. Ginette Petitpas Taylor responded with her standard talking points about stopping the black market and regulations. Scheer then demanded that counter-tariffs be placed on Americans immediately, to which Chrystia Freeland reminded him that they were consulting industry first. Scheer then concern trolled about the government “squandering” the strong fiscal position that they were left with and not having a contingency in the budget for trade uncertainty. Bill Morneau reminded him that they were left with billions in additional debt by the previous government as well as low growth, and there is always a contingency built into every budget. Alain Rayes took over in French to offer more triumphalism about the by-election results before reiterating about cannabis home-growth, to which Petitpas Taylor read some more bland talking points, and they went a second round of the very same. Guy Caron led off for the NDP, railing about the US policy of separating children from their families at the border, and demanded an end to the Safe Third Country Agreement (not that it would help in any of those cases). Marc Garneau said that the government was concerned and in Canada, we try to avoid immigration detention at all costs. Caron tried again, and Hussen responded in English that the UNHCR was monitoring the developments. Jenny Kwan tried again in English, got the same answer, and when she tried again, Hussen listed measures that Canada has taken to minimize immigration detention.

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Roundup: Cynical procedural gamesmanship

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Thursday night’s tantrum vote-a-thon ended mid-morning on Friday, long before it was supposed to have run its course, and no, the government didn’t capitulate and turn over that report that the Conservatives have been portraying as some kind of smoking gun for months now. No, after hours of high-minded exhortations that this, on the anniversary of the signing of the Magna Carta, was about no taxation without information, or that this was some kind of cover-up by the government intent on raising the cost of living for everyone, they decided to pull the plug as soon as the clock struck ten. Why? Because at that point, it would be too late to start Friday sitting hours in the Commons, and thus cancelling the day’s planned debates around the cannabis bill (where they would have finalized debate on the Senate amendments and send it back to the Upper Chamber). It is probably one of the most cynical procedural stunts that I have seen in all of my time on the Hill, dressed up as bringing attention to the so-called “carbon tax cover-up,” which is itself a cynical disinformation campaign.

Worst of all was the hours of sanctimonious social media warfare that was sustained throughout it, whether it was the Conservatives dressing this up as some righteous fight over the refusal to release the information (which, let’s be clear, was apparently a projection based on the campaign platform that would mean nothing given that the carbon pricing plans will be implemented by provinces, and where the revenues will be recycled by those provinces and is largely irrelevant to the discussion), or the Liberals crying that the Conservatives were keeping them away from Eid celebrations in their ridings (so much so that Omar Alghabra accused the Conservatives of Islamophobia, and then the real wailing and gnashing of teeth started). It was so much self-righteous bullshit, and it made everyone look bad.

The Trinity Western decision

Yesterday the Supreme Court of Canada ruled that the law societies of BC and Ontario could decide not to accredit the graduates of evangelical Trinity Western University’s proposed law school on the grounds that the mandatory covenant that students are expected to sign infringes on the rights of LGBT students, particularly because it mandates that any sexual activity they engage in must only be within the confines of a heterosexual marriage. Of course, it’s more technical than that, because it boils down to standards of reasonableness with the decision that the Law Societies as accrediting bodies can engage in, and I can’t pretend to understand the nuances of it all – but the very smart legal minds that I follow had some trouble wrapping their minds around it all as well, because the balancing of rights is a difficult issue. Some of the legal minds I follow felt this was one of the worst decisions in years, but I’m not sure how much of that is ideological either. It’s also worth noting that this was the last decision that former Chief Justice Beverley McLachlin participated in.

In reaction, here are three legal reactions to the decision, while Chris Selley worries about what it means for religious freedom, and Colby Cosh looks at what the decision means for the Supreme Court, paying particular attention to Justice Rowe’s concurring decision on the meaning of freedom of religion.

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Roundup: A strained partisan detente

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There is a strange partisan cold war settling over the nation’s capital, as both government and opposition try to put up a united front against the Trumpocalypse, while at the same time not looking to give up too much advantage, and so they probe areas where their opponents may be weak, but that they won’t look too crassly partisan in exploiting it, kind of like Erin O’Toole did last week when the steel and aluminium tariffs were first announced. The Conservatives and NDP are trying to probe the previous statements about Supply Management “flexibility,” while the Liberals are essentially calling Maxime Bernier a traitor as he starts speaking about his opposition to the system once again. It’s not pretty on either side, and yet here we are.

While Trump has threatened auto tariffs, I’m not sure that’s even remotely feasible given how integrated the whole North American industry is, and those tariffs would not only devastate supply chains, but it would have as many adverse effects on the American industry as it would the Canadian one. Of course, we’re dealing with an uncertainty engine, so we have no idea what he’ll actually do, but hey, the government is working on contingency plans that include further retaliatory measures if these auto tariffs come to pass. As for Trump’s focus on dairy, here’s a look at the size of subsidies that the American dairy industry is awash in. Brian Mulroney, incidentally, thinks this is all a passing storm, for what it’s worth.

Because there are so many more hot takes about developments, Andrew Coyne thinks that there should be debate on how to best retaliate to American threats rather than just rally around the PM. Chantal Hébert notes that Trump has essentially boxed Trudeau in with regards to how he can respond to the threats. Martin Patriquin counsels patience with the Trumpocalypse, so that we don’t go overboard thanks to a few intemperate tweets. Chris Selley notes the sudden burst of solidarity and hopes that they don’t return to bickering over small differences once this crisis passes. Jen Gerson, meanwhile, notes that Trump’s attack are those of a bully trying to pick on a weaker target, but forgets that Canada isn’t weak – we’re just passive aggressive. Gerson was also on Power & Politics(at 1:08:35 in the full broadcast) to say that her genuine fear out of all of this is that it’s all a sideshow designed to turn Canada into some comic enemy for Trump to run against in the upcoming midterms, and I suspect that she’s onto something, and we may be playing into Trump’s hands when if we get self-righteous in our response.

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QP: A digression to the LRT

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With the G7 meeting ramping up in Quebec City and Charlevoix, Quebec, Justin Trudeau was away from QP, and so was Andrew Scheer, as has been his wont lately. Candice Bergen led off, reading the same questions about the government not immediately imposing retaliatory tariffs on the US. Marc Garneau read that it was essential that they get this right, so they had a few days to respond. Bergen demanded that all tariffs collected by these retaliatory measures went to those impacted, and Garneau relied with the same assurances that they were there to defend steel and aluminium workers. Bergen switched topics to TPP ratification, and this time Mélanie Joly said that they had worked hard to improve the bill and it would be tabled shortly. Gérard Deltell reiterated the question in French, and got the same response in French. Deltell then repeated the earlier question about using whatever tariffs were collected to support affected workers, and Garneau reiterated earlier response in French. Guy Caron led off for the NDP, railing that fossil fuel subsidies weren’t being eliminated, among other sins, and Catherine McKenna responded with plans to implement a plastics charter at the G7 meeting. Caron demanded funding for green jobs rather than fund a pipeline, and McKenna insisted that they have stood up for the environment while growing the economy. Rachel Blaney reiterate the question in English, and McKenna listed the measures that they have taken — pricing carbon, phasing out coal, investing in public transportation and clean tech. Another round of the same yielded the same response.

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QP: Concern trolling about tariff compensation

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In advance of the arrival of French president Emmanuel Macron, Justin Trudeau was present for QP, along with all other leaders. Andrew Scheer led off, mini-lectern on desk, and in French, he read some Supply Management concerns. Trudeau replied with the well-worn talking points about how they created Supply Management, would defend it, and took a shot at Maxime Bernier while he was at it. Scheer then switched to English to ask about where the budget contained any contingency funds for possible tariff relief. Trudeau noted that they ensured they had retaliatory measures ready to go, but the wanted to consult to ensure there were no unintended consequences. Scheer concern trolled about the size of the deficit and how much higher it might be with measures to help industries affected by the tariffs, to which Trudeau reminded him that the choice in the election was cuts and austerity or his government’s investments. Scheer said that the budget was built on the back of “borrowing and tax cuts” — getting applause from the Liberals — before he corrected himself and said that he wanted tax cuts for those affected by the tariffs paid for by the revenues of retaliatory tariffs. Trudeau reminded him that they gave a tax cut to the middle class. Scheer then pivoted to demand that the TPP be ratified before the House rises, to which Trudeau praised their record and that they would introduce a bill before the House rises. Guy Caron led for the NDP, railing about the Trans Mountain purchase and retention bonuses for its executives. Trudeau dispatched his lines about growing the economy while protecting the environment. Caron railed that the pipeline was against the principles of UNDRIP, and Trudeau noted that he sat down with affected First Nations communities yesterday, and that he listened to all points of view. Alexandre Boulerice repeated the first question in French, and got the same response in French. Nathan Cullen then stood up to sanctimoniously expound about fossil fuel subsidies, and he got the same response about the environment and the economy. 

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Roundup: No, this election won’t be good for electoral reform

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I know that I really shouldn’t give bad columns more coverage, but I can’t help myself, because this is just the first of many that we are doubtlessly going to see in the coming months – that a Doug Ford win on Thursday could get the ball rolling on electoral reform, at least in Ontario. It’s a specious argument, but it’s attractive to a certain class of voter and wonk, so brace yourselves, because this red herring will be coming at you hard in the coming month.

Part of the problem with this particular column is that it doesn’t really make the argument why electoral reform is the logical follow-through for a Ford-led government, because most of the complaints have to do with how Ford won the leadership instead of Christine Elliott. This is not the fault of the electoral system – it’s the fault of our very broken leadership selection system and would largely be corrected if we returned to the system of caucus selection of leaders that our system is designed for. If we had that in place, Elliott would likely have been chosen because she was in caucus at the time that Patrick Brown challenged for the post (while he was still a federal MP, in case you’d forgotten). That would be two dark chapters in the Ontario PC party that could have been avoided, but I digress. The argument here should be that the Ford gong show should be an object lesson in how we need to restore proper leadership processes, where caucus can select and remove leaders in order to ensure that there is proper accountability and more importantly that leaders can’t throw their weight around, that caucus has more power to keep the leader in check. Sadly, that’s not the argument we got.

The balance of the column is a bunch of whinging that parties got majority mandates with less than 40 percent of the popular vote – never mind that the popular vote is a logical fallacy. It’s not a real thing – it’s an extrapolation that magnifies the sense of unfairness by those whose parties did not win, but it’s not a real thing because general elections are not a single event, they’re a series of simultaneous but separate elections for individual seats, and yes, that matters greatly in how the system works, how parliaments are formed, and in the agency afforded to individual MPs.

The other implicit argument being made in pieces like these, though this pieces doesn’t come out and say it, is that proportional representation will likely deliver us a series of coalition governments by nice leftist parties, and we’ll get solar panels on roofs, and great social programs, and no divisive politics because they’ll be forced to cooperate. Won’t it be great? Err, except that’s not what happens, and if anyone thinks it’ll be nice leftist coalitions in perpetuity, they should perhaps look at what’s going on in Europe right now, and how the populist mood there and in North America would have consequences in our own elections that wouldn’t be mitigated like our current brokerage system does, and that could be an even bigger problem. But that’s not the established electoral reform/PR narrative, even though it should be.

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Roundup: On track for a final cannabis vote

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Over in the Senate, some of the drama around the cannabis bill has resolved itself and we can look forward to some structured, orderly report stage and third reading debate leading up to the June 7thfinal vote. And yes, before you say anything, the Conservative senators are playing along and have been swearing up and down that they will respect this date and not try to play any games and delay it further. (They also know that they’ve burned a hell of a lot of political capital on unnecessary fights lately and aren’t keen to burn any more).

To recap, part of the drama has been that the Conservatives still plan to move amendments at Third Reading, which is their right. But they wanted this as part of the structured plan, and the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, wasn’t playing ball, and wanted the Social Affairs Committee – which funnelled all of proposed amendments from the four other committees that studied the bill and voted on them there – to have a look at those amendments first. And the Conservatives, rightfully, refused. And then members of the Independent Senators Group started giving quotes to newspapers about how they were open to real amendments and not those that were “superficial, tactical, unenforceable, or would only serve to delay this bill.” That, and throwing more shade about how they believed the Conservatives were just playing games, because the modus operandi seems to be that anything the Conservatives do is partisan and therefore bad, but anything they do out of a shared belief is not partisan and just fine, which is a lot of bunk. And some of the Independent senators are getting downright condescending in trying to make that particular case. Suffice to say, peace has broken out after the ISG got over their issues about the amendments, and they now have a plan for debate that will carry them through to the vote on the 7th.

Meanwhile, there is talk about whether the amendments to C-46 – the impaired driving bill – will survive a full vote in the Senate after the likely unconstitutional provisions around random alcohol testing. ISG “facilitator” Senator Woo is hinting that they would vote to reinstate the provisions. I will add, however, that I am not absolutely not buying their supposition that senators were trying to simply embarrass the government by returning the omnibus transport bill to the Commons a second time because it was their own Independent senators who insisted on those amendments. Sometimes senators insist on amendments because they think they’re in the right – which is a novel concept, I’m sure.

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Roundup: A major amendment at committee

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There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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Roundup: Border agent woes

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When the House of Commons returns on Tuesday, it’s a pretty safe bet to say that the news that the Canada Border Services Agency is shifting customs agents from the GTA to the Quebec border is going to be one of the main topics of conversation. In fact, I can pretty much guarantee that it’ll come up in Question Period on the first day back. Why? Because amidst this news, a memo from Air Canada pilots claims that they may face delays of up to an hour, being kept on the tarmac because of this lack of agents. There are denials all around (and I’m a bit skeptical myself – I can see big lines in the airport, but I have a hard time seeing why they’d detain them on the tarmac), but the line is going to be that Trudeau is making you wait on the tarmac because he can’t enforce the law on the border.

It’s not exactly true, of course. Whether we see actual delays at airports remains to be seen, but the continued insistence that he can somehow snap his fingers and the border will somehow seal itself is this specious bit of political fiction that nobody wants to seem to own up to. I’ve written about this before – he can’t unilaterally declare the entire border to be an official port of entry, nor can he amend the Safe Third Country Agreement because that requires the buy-in of the Americans, and that’s not going to happen. If he suspends the agreement, like the NDP demands, that will cause a flood at border crossings of people who are jurisdiction shopping while making asylum claims, which was the whole reason the agreement was made in the first place. Direct engagement with the communities where the influx is coming from had success with the Haitian community and the government is looking to repeat it with Nigeria, where most of the new claimants are coming from (and no one has yet explained why that’s the case), but we’ll see when they can actually start engaging.

What this does illustrate is that the government still has a way to go in order to re-capitalize CBSA and ensure that they have enough border guards and customs agents. (They also need to fill vacancies in the Immigration and Refugee Board, and to give them additional resources, but that hasn’t been happening expeditiously either). And yes, this is something that Conservatives can share in the blame with as well, because they cut CBSA to the point where they were having to suspend a number of programmes like screening for drugs being exported, and they had to let go of most of their sniffer dogs because they no longer had the budget. Will this light a fire under the government to properly rebuild their capacity? We’ll see. They insist they’re re-investing but it may be of little use if the situation sounds as dire as it is right now with these rotations in and out of the border crossing.

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Roundup: The vague indemnity

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Yesterday morning, first thing, Bill Morneau came out to say that the government was prepared to indemnify Kinder Morgan for any losses suffered as a result of BC’s intransigence and attempts to delay construction. It’s not an equity stake or buy-in, but rather, insurance, and like most insurance, we don’t know what the payout is going to be yet. Nevertheless, if the idea is to offer Kinder Morgan certainty that the Trans Mountain expansion will go ahead, then this is something. The reaction came swiftly, from the Conservatives insisting that this is now a “bail out government” whose inability to manage the file means that it will now cost taxpayer dollars (no hint of irony there with the bail outs that their government was involved in, or that the entire energy sector has a long history of favourable tax treatment from the government), while the NDP insisted that this was about the profits of a Texas-based company over the interests of Canadians. BC Green leader Andrew Weaver was downright indignant, if not pissy, about the whole situation. And Kinder Morgan’s CEO? He says he appreciates the offer, but still hasn’t given a final answer as to whether it’s enough to stay invested in the project.

After Morneau’s presser was a great deal of parsing of his words (where he did not offer the government line that the pipeline would be built), along with a number of questions arising from just what it was he was announcing. Here’s a reminder of the various court challenges facing the pipeline at present.

And now the hot takes. Chantal Hébert sees little progress on the file over the past month, even with Morneau’s announcement yesterday. John Ivison says that Morneau is calling Kinder Morgan’s bluff in attempting to get the government to buy the pipeline from them above market price, while Evan Solomon more definitely claims that it’s the plan all along. Paul Wells…isn’t convinced.

https://twitter.com/InklessPW/status/996865631122329600

https://twitter.com/InklessPW/status/996865939797958662

https://twitter.com/InklessPW/status/996866404078051333

https://twitter.com/InklessPW/status/996868825621639170

https://twitter.com/InklessPW/status/996872616081272835

Meanwhile, Alberta passed their unconstitutional Bill 12, and Rachel Notley is already threatening to “turn off the taps” to BC – err, except those taps would actually be federal jurisdiction, so good luck with that. Andrew Leach tears into that bill, and looks at why it sets a dangerous precedent, and why it should never be proclaimed.

Good reads:

  • Justin Trudeau was in New York to get an honorary degree from New York University, and spoke about listening to those you disagree with.
  • Trudeau also called for an investigation into the shootings of civilians in Gaza, where a Canadian doctor was wounded.
  • It’s looking like there won’t be a NAFTA deal by today’s congressional deadline. One MP currently visiting Washington called the five-year sunset clause stupid.
  • The bill to mandate plain packaging for cigarettes and to regulate the vaping industry is set to get royal assent within days.
  • Naval shipbuilding is behind schedule (go figure), but the government won’t release documents to talk about how far behind, or why.
  • The RCMP mistakenly allowed people to purchase restricted firearms for 12 years, and now want them to give them up.
  • Here’s a deeper dive into the Conservative attempts to win favour in Quebec.
  • While some commenters say that Christine Moore had “no choice” but to publicly defend herself, I wonder how that makes this different from Erin Weir’s situation.
  • For those following the VADM Mark Norman court drama, there was a case conference today, with the next date scheduled for July.
  • Jason Kenney made a bunch of personal attacks against Trudeau, and then stood by them like the hero that he is. So much for his pleas for civility in politics.
  • Saskatchewan is making another bid to get Low Carbon funds from the federal government without signing onto carbon pricing. Good luck with that.
  • Kady O’Malley’s Process Nerd column looks ahead to the committee appearance by the nominee for Chief Electoral Officer.
  • Stephen Maher sees Trudeau’s speech at NYU as a rebuke of Trump.
  • Andrew Coyne foresees nothing but doom by the Conservatives courting Quebec nationalists.

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