Roundup: COVID is not done with Parliament

There was sad news over the weekend that Senator Josée Forest-Niesing passed away from COVID. Forest-Niesing had been recently discharged from hospital after being in for nearly a month after complications – while she was double-vaxxed, she suffered from an auto-immune lung condition that both made her extremely vulnerable, and the vaccines less effective, which is why we need more people to be vaccinated, so that it can’t spread to vulnerable people.

Meanwhile, the Conservatives announced that their MP Richard Lehoux tested positive (in spite of being fully vaxxed), which raises questions because Conservatives were all in town for caucus last week, and it’s very possible that this may have been a spreader event, as there are questions about the actual vaccination status of all Conservative MPs, (and I have some serious doubts about the veracity of some of the medical exemptions that are being claimed, especially as they are being claimed by those expressing anti-vax or vaccine-hesitant views).

The worst part of all of this is that this just gives the Liberals more ammunition to demand hybrid sittings, which need to end immediately, both for the health of our parliamentary democracy, as well as the health of our interpretation staff who are suffering injuries that we would not ask anyone else to endure so that MPs could stay at home while other essential workers have to be on the front lines – and Parliament is essential, and the government has been sending the absolute wrong signal in keeping MPs at home – the Liberals most especially if we have a repeat of last session, where Mark Gerretson would be the only MP in the Chamber and the rest of those benches were empty. There are ways to keep Parliament safe, especially now that everyone is doubly vaccinated (so they assure us) and can wear masks indoors at all times. It’s not difficult, and it keeps the business of the nation going. Let’s do this the right way.

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Roundup: Some shocking civic illiteracy stats

I generally make it a policy not to talk about polls, but this one was just so disheartening that I feel the need to say something about it. Abacus Data asked a series of questions about federal government and governance, and it’s just…depressing to see the rate of responses that clearly show a lack of interest and a lack of education in how our system works.

These are the very basics of Responsible Government, and it’s important to understand what that means. But I recall that when I was in school, we talked about achieving Responsible Government as a recommendation in the Durham Report, and that Canada eventually got there, but they never explained what it actually meant, or what it entails in practical terms. And that’s a problem, especially when we are inundated with American popular culture about their politics, and their conception of how the UK’s system works (the rate of them who believe that absolute monarchy still exists is high. It’s very high) bleeds over to our popular understanding as well, and it’s a problem. That’s why I wrote The Unbroken Machine.

Some of these responses are simply an indication that people aren’t paying attention to the news, and that the way in which media communicates things can be unhelpful and confusing in how things are discussed. Abacus didn’t make sides for other questions in the survey, such as which level of responsibility does education fall under – which was better at 83 percent correctly answering that it falls under provincial jurisdiction, but again, this is the kind of ignorance that leaders like Jagmeet Singh like to exploit in order to drive cynicism. Civics education is vitally important, as is media literacy, and we are failing Canadians fundamentally because we refuse to teach them correctly in this country.

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Roundup: Three Amigos without much outward progress

Well, that was the Three Amigos summit, and it doesn’t sound like there was any outward progress on Canada’s biggest request, which is getting rid of that electric vehicle tax credit that would essentially crater Canada’s auto sector (and the nascent electric vehicle industry) in spite of decades of cross-border integration of our supply chains. But that progress may yet happen because the Canadian delegation was not solely focusing on the White House – where Biden was non-committal – but also engaging congressional leaders who have the real power in this situation, so there remains time to see if that credit will survive the tortuous and nonsensical budget bill process in their system.

Meanwhile, the Conservatives have declared that Trudeau’s approach to relations with the American administration “isn’t working,” and I’m not quite sure what they’re really on about, because there is a massive power imbalance here, and we can’t forget that we are largely an afterthought to the Americans, who are far more concerned about their southern border than the northern one. Softwood lumber has been an irritant for decades, and I distinctly recall the sector was unhappy with the agreement that the Harper government signed (which has since expired). Buy American? Again, this happens under every administration, and is not unique to the current government. Measures targeting agricultural exports? Erm, some of us recall the problems with country-of-origin-labelling that the Conservatives couldn’t make any progress on. Action against pipelines? Seems to me that Harper didn’t have any luck there either, even after plastering Washington DC with billboards and posters declaring that Keystone XL was a “no brainer.” Yeah, that didn’t work.

So what exactly does Chong propose? Performative temper tantrums for the benefit of the media? That seems to be the Conservative demand for most files, but there were two former diplomats on Power & Politics last night who basically said that if you want progress with the American government, you need to do it behind closed doors and not be seen to be pinning someone down, because they don’t respond to that well at all. But we also need to remember that the Conservatives also seem to think that diplomacy is the cookie you get for good behaviour rather than how you deal with problems, so it’s not unsurprising that this demand for performance is how they think this needs to be dealt with.

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Roundup: No undoing these elections

In Alberta, the province’s municipal affairs minister has declared that he can’t vacate a seat on Calgary’s city council given the revelations that surfaced against one councillor from a time before his election, when he was a police officer. And this is actually a good thing – you do not want to give provincial governments the power to suddenly start vacating seats on municipal councils in their province, because that can very, very easily be weaponised to settle scores, particularly when there is friction between the municipal and provincial governments. (Seriously, given the rank incompetence of several provincial governments, you do not want them to have this power, no matter that it may sound nice for this particular circumstance).

There is a certain amount of resonance in this with the situation around ousted Liberal candidate and now independent MP Kevin Vuong, While there is some social media backlash over his visit to a local business that needed their MP’s help on a CRA issue, there are plenty of people who are demanding that something be done about his election, be it having the Speaker declare his seat vacant or the like, but I worry about that because of the implications for what it means as a precedent (especially given the fact that charges were not pursued in the allegations against him, which a gulf from the kind of conviction that would ordinarily be used as an excuse to declare such a vacancy). There needs to be a very high bar because this is democracy, and one of the things that happens in a democracy is that sometimes the people get it wrong for whatever the reason, and in this case, there is the added issue that the party did a closed-door acclamation process rather than an open nomination, so they have to wear this as well.

In both of these cases, there is something of an object lesson about why it’s important to get things right when you’re considering who you’re voting for (and why local journalism matters). There is nobody who can swoop down and save you from your bad choices, so it’s very, very important that you choose wisely.

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Roundup: An unsuccessful distraction attempt

Erin O’Toole emerged from hiding yesterday, and tried to set the narrative of the day about a supposed scary coalition between the Liberals and the NDP – which isn’t happening. A coalition government means that both parties have Cabinet ministers at the table, and given that we just had the dog and pony show of a Cabinet shuffle not two weeks ago, and there was nary an NDP MP among them, we can be reasonably assured that there will be no coalition government. Nevertheless, even a supply and confidence agreement, or some other arrangement, remains unlikely in the extreme because the Liberals know the NDP are in a vulnerable position, broke an unable to afford another election, so they will ensure the government survives regardless – there is no need to give them any leverage or excuse to try and take credit for the government’s actions (not that anything has stopped them thus far).

But while O’Toole tried to make big noises about the “coalition” that isn’t and never will be, he was trying to deflect from the ongoing problem in his party around MPs like Marilyn Gladu and Leslyn Lewis, who have been stoking vaccine hesitancy (while insisting otherwise), conceding that they have “caused confusion,” which is just more soft-peddling and mealy-mouthed refusal to take leadership or to put his foot down. Indeed, when asked about whether there would be any discipline for these remarks, O’Toole stated that they would deal with it “as a team,” which basically means that no, he’s not going to do anything about it.

While my upcoming column will delve further into just why O’Toole refuses to put his foot down, Gladu can insist all she wants that this isn’t a challenge of O’Toole’s leadership, the simple fact is that she continues to undermine it at every opportunity, and that is going to eventually erode what little trust or credibility O’Toole has left.

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Roundup: A headache over added and subtracted seats

The question of seat redistribution and the allocation – and subtraction – of seats has been simmering, and the premier of Quebec is demanding that the prime minister step in and guarantee that Quebec not only retain the seat it is slated to lose, but also to guarantee that because of the notion that Quebec constitutes a nation within Canada, that they must be guaranteed that their share of seats never drops even if their population grows at a much slower pace than other provinces. The problem with that? It would require a constitutional amendment to do, using the 7/50 formula (seven provinces representing 50 percent of the population). And that could be the tricky part.

Of course, the obvious solution is to tinker with the seat distribution formula, which the Conservatives introduced (fully intending to screw over Ontario for new seats along the way). But as I stated in my column a couple of weeks ago, we would probably be better served adding far more than just four seats – something more like 40 would be better for everyone, especially because it would mean better populating committees and keeping parliamentary secretaries from voting positions on them. Mike Moffatt and I discussed this over Twitter:

https://twitter.com/MikePMoffatt/status/1456558821942431744

https://twitter.com/MikePMoffatt/status/1456560023383969796

https://twitter.com/MikePMoffatt/status/1456590475985571840

Furthermore, if we stay at the current redistribution formula, that sole new seat in Ontario is going to cause a lot of problems with redrawing boundaries (which will then have provincial reverberations, because Ontario provincial ridings mirror their federal counterparts, with the exception of an additional seat in Northern Ontario for better representation. Once this reality starts to sink in, perhaps the government would start considering boosting that formula to avoid these kinds of headaches.

https://twitter.com/MikePMoffatt/status/1456593608648298498

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Roundup: Time to change the dress code?

NDP MP Randall Garrison is pushing for the House of Commons to update is dress code, in particular around the gendered rules that men need to wear a jacket and tie in the Chamber in order to speak and vote. Part of Garrison’s stated motivation is to make it easier for future trans and non-binary MPs, even though accommodations are already routinely made, such as allowing Indigenous MPs to wear beaded necklaces or other symbols in place of a tie. I don’t see why it would be any different to accommodate a trans or non-binary MP in a similar manner without any fuss – a mere notice to the Speaker would suffice.

On the one hand, there is a certain amount of archaic assumption in the “contemporary business attire” around jackets and ties for men, and only men – there is no dress code for women in the Chamber (and these rules apply to those of us who sit in the Press Gallery in the Chamber, incidentally). Business attire in the current context is starting to slide down the scale – particularly in this era of work-from-home – so I’m leery of loosening the restrictions too much, particularly as it is not beyond the realm of possibility that you would have a bunch of MPs in track suits, yoga or sweat pants, hoodies, and mom jeans (and I have seen male MPs in mom jeans with jacket and tie in the Chamber, which was not a pleasant sight). Printed t-shirts are also a very real concern, because we will immediately slip into them being used as props, particularly during Members’ Statements, and we do not want that to happen. On the same token, I wouldn’t have minded imposing a few more rules for women in the Chamber, such as mandating jackets as part of “business attire,” because sometimes the definitions of what constitutes “business attire” for some female MPs has been particularly…challenging. (Flashback to the old Megan Leslie Outfit Watch on my former blog).

I get that ties suck. I really do. I used to really hate them, but I’ve somewhat reluctantly grown to accept them and now I have no issue with it. And once we’re into late May and early June and the humidity starts to climb, wearing suits is not fun (and whereas I have threatened to show up to the Gallery in shorts and sandals – but with jacket and tie – one reporter has actually done so and was my hero for the day). But at the same time, I think there should be some kinds of standards, for both men and women, because frankly there can be a demonstrated lack of both maturity and good taste among MPs and there need to be some guidelines. Can they be loosened a little? Sure, that should be okay, and maybe we won’t require a tie at all times – within reason. It does merit a discussion in any case.

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Roundup: Mark Holland is optimistic

New Government House Leader Mark Holland is brimming with optimism that the things that paralyzed the previous session of Parliament will be behind them post-election. It’s a nice idea, but I wonder just how it will actually play out. Yes, the Liberals have broken some of the deadlocks that plagued them (a fact that they didn’t articulate during the election, even when pressed on the subject), and they have a bit of leverage now in that none of the other parties can even contemplate another election anytime soon – the Conservatives are consumed with internal disputes over vaccine mandates and just when they plan to put Erin O’Toole to a leadership review, and the NDP are very broke having spent record amounts of money to gain themselves a single new seat, and the Bloc have no desire to go back to the polls, particularly since their play to be François Legault’s voice in Ottawa didn’t play well for them in the election. This will allow the Liberals to play some hardball and use confidence to their advantage for the time being.

But in spite of this, I would not put it past any of the opposition parties to engage in some of the other shenanigans that got us the election, whether that is tying up the committees in interminable attempts at witch hunts, or drowning in document production requests – and that may yet still happen. The election did end some of that, but much of it could very easily be revived once the committees are back up and running (likely in the New Year).

“There was a very clear message sent to all parties that there’s an expectation that we work together, and I’m operating on the presumption that we will have all heard that message and that we all come ready to work and to collaborate in a constructive and positive way,” Holland told The Canadian Press.

I’m not sure that such a presumption is a good one to make. There was an expectation that all parties should work together during the pandemic, and while they did a bunch of backroom negotiations around emergency legislation – and kept any of the debates off-the-record – they stalled all other bills until the very end, when the NDP and Bloc realized they needed to start playing ball again. I’m not sure what the appetite for playing ball will be on most bills, or whether the political calculus will be to try and stymie the Liberals once again (which could lead to showdowns over confidence). I wish Holland all the luck in the world on this, but I suspect he may start losing the hair he has left because the current state of our parliamentary discourse is pretty toxic, and things like the Liberals’ desire to keep hybrid sittings going will only exacerbate that problem.

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Roundup: Enter the new Whip

Newly-appointed Chief Government Whip Steve MacKinnon had a conversation with CBC over the weekend, and there are a few interesting bits in there. For one, I didn’t actually realise that the term came from 18th-century hunting slang for “whipper-in, as the rider who keeps hounds from straying from the pack. So it’s not about any kind of literal or metaphorical whipping of MPs to vote a certain way, and now we’ve both learned something new today.

What I did know before is that there is more to the whip’s job than just ensuring MPs vote in certain ways, particularly if there’s a confidence vote upcoming. Rather, the whip and his or her office has a lot of work in juggling assignments – who is on what committee, who can stand in for that MP if they are away, and to an extent, who has House duty. And because the whip is largely the person in charge of MPs’ attendance (even if said attendance is not made public), I have it on very good authority that the Whip spends a lot of time listening to MPs as they unburden themselves, and talk about what is going on in their lives as to why they can’t attend a committee meeting or vote. The whip also becomes responsible for the staff in a riding office if that MP resigns or dies in office. And then comes the discipline part, which is different between each party. Some parties are very strict about it, some have unofficial ways of enforcing discipline – largely through in-group bullying – and some are fairly relaxed over the issue provided it’s not a matter of confidence.

The other thing I would add is that at the advent of the era of “Senate independence,” as Justin Trudeau and others would have you believe, the whip in the Senate was equivalent to in the House of Commons, and they instructed senators how to vote – or else. This was simply not true – the whip in the Senate was always rather illusory, and the Whip’s office was more about doing things like committee assignments, finding alternates for those who were absent, and assigning things like office space or parking to incoming senators who joined the caucus. They had little to no leverage of senators and their voting patterns because of institutional independence, and I heard a former Liberal senate leader once remark that on one occasion when the leader’s office on the Commons side called them up and said they’d really like it if senators could vote for a certain bill, that these senators turned around and voted the other way, just to prove a point around their independence. So there is a lot more to the role than people may expect from the outside, and best of luck to Steve MacKinnon as he takes on this new role.

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Roundup: A notice of appeal before a pause

It’s not wholly unexpected that the federal government filed the notice of appeal on the Federal Court decision around the Canadian Human Rights Tribunal order around First Nations children. No sooner did all of the television news rush to get Cindy Blackstock on camera when another notice went out by the government – that they had reached an agreement to pause said litigation while they sit down with stakeholders in this court case, as well as with two other related class-action lawsuits, and hammer out a deal by December 1st.

There are a few thought around this. The first is that this should have been expected because the real crux of the issue if the Tribunal’s order rather than the compensation itself. The government has committed to spending the money – and there are billions of dollars at stake – but any tribunal that exceeds its statutory authority is something that any government, no matter the stripe, will want to challenge because they don’t want to set a precedent where the Tribunal continues to exceed its authority, and in this case, turns itself into some kind of roving commission of inquiry. (I wrote all about this issue previously here). The notice of appeal spells this out pretty clearly, and while one judge at the Federal Court may have disagreed, he’s certainly not the court of last instance (and frankly, I would rather hear from some of the judges on the Federal Court of Appeal when it comes to matters of administrative law – as with this Tribunal – than I would this particular judge). And while a number of self-righteous reporters demanded to know why the government couldn’t just pay the amount and sort out the issues later, I’m pretty sure that litigation doesn’t work that way.

My other thought is that it looks a lot like the notice of appeal was more out of a need for the government to keep their options open as the negotiations continue, particularly given that it was filed as late as it was, followed immediately by the press conference to explain what was taking place. Frankly I don’t buy the “they filed it at 4:30 on a Friday to bury it” because it wasn’t exactly buried when it dominated the politics shows and is the top story on every news site in the country. That’s not burying something, especially when they have a captive audience. This being said, I’m still don’t think that this government has communicated the issues very effectively (particularly the issue around the Tribunal exceeding its authority), and that’s compounded by the fact that the media writ-large has shown itself to be fairly incapable of writing a legal story with any nuance or complexity, and rely on both-sidesing it with a clear bias toward taking Blackstock’s word as the authority, and by conflating a number of different issues and completely blurring the timeline of the different orders from the Tribunal. This isn’t a black-and-white issue of taking kids to court – but you wouldn’t know it if you only paid attention to what gets reported.

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