Tag Archives: Public Health

Roundup: Time to change the dress code?

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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

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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

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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

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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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Roundup: Taking his sweet-ass time to meet caucus

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The Liberals are starting to get restless – members of caucus are feeling put out that they haven’t actually had a formal caucus meeting yet post-election, and many of them are champing at the bit to have a closed-door drag out session about what went wrong in the election, and why their own leadership seemed unprepared for it when they called the blood thing in the first place. And telling the Hill Times that they want to know why the party leadership is taking their “sweet-ass time” to call this meeting was the icing on this particular cake.

I’m having a hard time fathoming why it’s taking Trudeau and company so long to get their collective acts together post-election. They made a whole song and dance about how urgently they needed to act while on the campaign trail, only for them to turn around and take said sweet-ass time in both finalising the Cabinet shuffle (and no, the recounts do not account for how long the delay is) as well as their decision to further delay summoning Parliament – and even his planned international travel does not excuse this. They could have had Cabinet sworn in before the Governor General went on her state visit to Germany, and could have summoned Parliament this week, in advance of Trudeau’s planned travel. That would have given them actual time to get committees up and running, and legislation in the system – particularly around the changes to the pandemic benefits – as soon as possible, as opposed to the current trajectory of a three-week sitting that will accomplish very little before they head back to their ridings for the Christmas break.

Additionally, not having a proper caucus meeting by now has reached the point of disrespecting their own MPs. They have things they want to say after the campaign trail, and they should be able to say it – that’s how this system works. It’s a very bad signal that they are being kept away from the leadership like this, because even aside from it betraying all of Trudeau’s talking points about being open and accountable within his own party, that kind of thing will start to fester if it’s not taken seriously. I’m not sure that’s a situation Trudeau wants to go out on in his final tour-de-force as leader.

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Roundup: A desperate Kenney paints yet another false picture

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In the wake of the final report of the Committee on Un-Albertan Activities, Jason Kenney and his band of flying monkeys have been spending their time putting out blatantly false readings of what was in the nothingburger of a report. And more to the point, we’ve had a number of columnists from a certain newspaper chain write more of the kind of propaganda that Kenney has been spinning. To wit:

Of course, Kenney doesn’t have much left going for him. He’s had his bullshit referendum (final results coming Tuesday), his bogus Senate “election,” his inquisition has ended, his “Fair Deal Panel” has reported its load of nonsense, and Kenney’s own numbers, meanwhile, are in the dumps and if an election were held in Alberta right now, the NDP would win by a significant margin of seats. So, of course Kenney is going to retreat to his usual tactic of lying about things to make himself look like the hero in this. But man, it’s getting hard to take any of this seriously, even though we have to because he has a legion of followers who believe all of it and he’s riled them up and made them angry about all kinds of manufactured grievances. Hard to see how any of this will end in a way that won’t be bad for everyone.

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Roundup: Rejections without significance

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Because it’s a story that refuses to die, we now know that both the Bloc and the NDP have rejected the four main votes in the (garbage) Reform Act, and now we await the Liberals, who will in turn doubtlessly reject it as well whenever they finally have their first official caucus meeting, and of course, we have political scientists trying to derive meaning from these refusals, as they have tried with the Conservatives agreeing to the four votes.

The simple truth, however, are that these votes really don’t matter because the legislation is garbage. The power to elect caucus chairs doesn’t require its adoption, as we’ve seen, and the power over the expulsion of caucus members is largely illusory anyway because it tends to depend on what the leader says either way. I would be hugely surprised if the caucus and the leader ever parted ways on whether or not to boot someone out of the club, as that would create a schism and be a sign that the leader was on the way out. As well, the power of the caucus to pressure a leader to resign is actually better off without the Reform Act because what the Act winds up doing is protecting the leader by setting a high threshold and requiring a public declaration to trigger a vote, which can invite retribution. It has been far more effective to push a leader out with one or two public declarations by brave members that signal the writing on the wall rather than demanding a twenty percent threshold.

In the Hill Times piece, the Act’s author, Michael Chong, pats himself on the back for codifying these sorts of caucus decisions, but codifying them is part of the problem. Our Westminster system tends to work best under conventions that aren’t codified because it affords them flexibility and the ability to adapt, whereas codification is inflexible, leads to testing of the system and the pursuit of loopholes and getting around what has been codified. It’s the same with setting that threshold to push out a leader – it winds up insulating the leader more than empowering the caucus, and we’ve seen leaders resign with far less pressure than what this codified system affords, not to mention that by Chong codifying that party leaders must be selected by membership vote in the actual Parliament of Canada Act as a result of this garbage legislation, he has made it even harder for parties to return to the proper system of caucus selection and removal of leaders as we need to return to. Chong has screwed Parliament for a generation, and it would be great if the talking heads would stop encouraging him.

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Roundup: The $3.5 million witch hunt finds no witches

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In Alberta, the Committee on Un-Albertan Activities – err, Allan Inquiry – released its final report, a year late and millions of dollars over-budget, and it concluded that there was no illegality or nefarious activity with regard to environmental groups who may have received some funding from international donors when it comes to opposing the oil sands and other oil and gas activities. Dollars that went toward campaigns against the energy sector were fairly minor, and had little-to-no impact on projects not moving forward (because market forces did the job just fine, thank you very much). In other words, the province spent $3.5 million on this joke of an inquiry, and tried to claim it was money well spent, because the government is nothing more than a total clown show.

And then there were the lies – the minister insisted that the inquiry was never about finding illegality (untrue – there are receipts), and Jason Kenney outright lying about what the numbers in the report stated, because he needs to try and spin it in the worst possible light to both justify the exercise, and to continue trying to point the populists he stoked in a direction other than his.

https://twitter.com/charlesrusnell/status/1451353269708603397

https://twitter.com/charlesrusnell/status/1451353273781293094

Meanwhile, prime minister Justin Trudeau is pouring cold water on Kenney’s referendum rhetoric, reminding him that a provincial referendum is not an amending formula for the constitution – seven provinces representing fifty percent of the population is. More to the point, Kenney sat around the Cabinet table when the current equalisation formula was last amended, so he can’t claim it’s unfair as he’s the one who helped put it into place. Because seriously – claiming it’s unfair because Albertans pay the same federal taxes as everyone else is just political bullshit masquerading as a grievance, even though it’s a grievance that has largely been created for the sole purpose of driving populist anger.

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Roundup: Performative consultations by the PM

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It is performative consultation season, and lo, prime minister Justin Trudeau held meetings with Erin O’Toole, Jagmeet Singh and Elizabeth May yesterday, and the versions of the conversation released by readouts from both the PMO, O’Toole and Singh’s officers were…quite something. (Thread here). O’Toole demanded an end to CRB and an end to the “wedge politics” around vaccines, while Singh demanded CRB continue, and for the government to drop future appeals of litigation around First Nations children. Both were play-acting tough in their readouts, even though Singh is but a paper tiger. Trudeau’s readouts, meanwhile, were similar and bland, listing the already circulated “priority” items he wants to address right away (and yet is delaying recalling parliament), with no indication of what the other parties said, or if any kinds of agreements were reached.

Something that did come out of the readout with Singh was that Trudeau is in favour of continuing hybrid sittings, and Pablo Rodriguez’s office confirmed that, which is really, really disappointing and frankly mind-boggling. We are not in the same phase of the pandemic, and we are in a place where, with mandatory vaccination and masking, MPs can all safely attend parliamentary duties in-person, end of story. Carrying on hybrid sittings – which only the Liberals and NDP favour – are frankly unjustifiable, given the human toll that the injuries take on the interpreters, and the incredible amount of human and technical resources that they consume (and which have starved the Senate of necessary resources because the Commons gets priority). And just imagine telling the interpreters that they have to keep being subjected to injury because MPs are too gods damned selfish or lazy to do the jobs they’ve bene elected to do. Parliament is an in-person job – it depends on building relationships, which happens face-to-face. Hybrid sittings were 100 percent responsible for the last session devolving into complete toxicity, and if you don’t think that congeniality matters, remember that things don’t get accomplished without it. Those five months of procedural warfare didn’t happen in a vacuum. Saying they want hybrid sittings to carry on is both irresponsible and corrosive to parliament as a whole. There can be no justification for carrying them on.

Meanwhile, in case you thought it was just opposition parties making demands of the government before parliament is summoned, we have plenty of civil society groups calling for the paid sick leave for federally-regulated employees to happen immediately (erm, not how the legislative process works, guys), decriminalisation of illicit drugs, and for refugees and undocumented healthcare workers to be allowed access to a programme that would grant them permanent residency status.

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Roundup: The House of Commons’ vaccine mandate

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The expected happened in a way that was a little unexpected – and perhaps a bit improper. The Board of Internal Economy apparently met (possibly virtually), and decided that as of November 22nd, there is a vaccine mandate for the parliamentary precinct, and that includes MPs, staffers, and contractors. It’s a bit of a cute way of imposing a vaccine mandate on MPs themselves, but it may not fly regarding the Chamber itself because of parliamentary privilege.

Mind you, a privilege argument won’t last long. While the decision to go the route of BoIE seems to be a bit of a dare – and Yves-François Blanchet seems to indicate that he’s of the opinion that this is a legitimate use of its powers (I wouldn’t be so sure), this could easily be challenged in the Chamber, but even if the Speaker determines that there is a prima facie case of privileges being infringed, the rest of the House can vote instead to dismiss it rather than send it to committee, or even if they do send it to committee, vote it down afterward. And they likely will, because all of the parties except for the Conservatives are in favour of the vaccine mandate, so it’ll pass one way or the other. Now the government can head off any challenge by introducing a motion in the Chamber on the first or second day to declare that MPs need to be fully vaccinated in order to be in the Chamber, and they can then vote it through and it’ll be fully legit, so if they’re smart, they’ll ensure that happens once there is a Speaker in place. (This will also likely happen in the Senate, but they are still in discussion in that Chamber, but one can likely assume a similar vaccine mandate will be in place with their own precinct areas and Chamber in a similar manner).

This leaves the question of hybrid sittings. The Conservatives and Bloc have been in favour of ending them, while the NDP have supported keeping it going. The Liberals haven’t officially said, but they have been pushing for this since before the pandemic, so you can bet that they’ll be fine with some form of hybrid ability going forward, which shouldn’t be allowed – the human cost of hybrid sittings when it comes to the toll it takes on the interpreters is frankly immoral to continue with. That will nevertheless by an ongoing conversation between the parties before any order to resume said sittings goes ahead in the first few days of the new parliament – but a rule should also be made that unvaccinated MPs shouldn’t be allowed to simply join by hybrid sitting instead. Parliament, whether in the Commons or the Senate, is an in-person job, and it’s an essential function of this country. The hybrid measures should only ever have been temporary and for the duration of that pandemic emergency, and now that we have vaccines, there is no longer a need for them.

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