Tag Archives: Public Health

Roundup: Ambrose’s bill becomes law

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Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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QP: Getting the minister to stick to his talking points

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While we had a couple of leaders present in the Chamber today, the Liberal benches remained largely empty, with only Mark Gerretsen and Francis Drouin present. Erin O’Toole led off, his scripts on his mini-lectern in front of him, and in French, he quoted the Globe and Mail by saying that it was amateur hour on Bill C-10, and selectively quoted Michael Geist’s concerns about freedom of expression, and demanded the bill be withdrawn. Steven Guilbeault read a script that C-10 forces web giants to invest in Canadian and Quebec creators, and the Conservatives, by blocking the bill, were merely shielding web giants. O’Toole repeated the question in English, and got the same answer in English. O’Toole claimed that Guilbeault doesn’t understand his own bill, and he tried to conflate this with media funding, and called it a direct attack on free speech (something none of the experts have actually said), and Guilbeault suggested that O’Toole actually read the bill, because Section 2.1 states that individuals who upload content are not considered broadcasters. O’Toole the switched to French to complain that it was taking longer to approve immigration files in Quebec than in the rest of the country, and Marco Mendicino recited some reassuring lines about the value of immigration and reaching the right levels. O’Toole pivoted again, and in English, demanded action on Line 5, for which Seamus O’Regan noted the importance of the pipeline on both sides of the border, and why they were making that case.

Rhéal Fortin led for the Bloc, and he raised the General Vance allegations, and wondered if the prime minister considered it a problem that his defence minister didn’t alert him. Harjit Sajjan insisted that he followed the right procedures, and that they were committed to culture changes in the military. Fortin raised the notion of seeking Sajjan’s resignation and replacing him with a female defence minister, and Sajjan, naturally, disputed this.

Jagmeet Singh rose for the NDP, and in French, he demanded the government commit to waiving COVID vaccine patents, to which Mary Ng recited that they would participate in these negotiations at the WTO. Singh repeated the question in English, and Ng repeated her response.

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Roundup: PROC needs to grow up

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I find myself losing all patience with the state of Commons committees in the current parliament, and the shenanigans happening at the Procedure and House Affairs committee right now are really not helping matters – and to be clear, it’s all sides that are to blame here, with particular blame going to the prime minister himself for starting this particular farcical exercise of tabling a prorogation report and patting himself on the back for it, and then watching it all blow up in his face.

The notion of a “prorogation report” was always stupid. I get that the idea was supposed to be about trying to increase openness and transparency, and finding a way to demonstrate that tactical prorogations would be avoided, and so on, but it was dumb. The better alternative, as I pointed out in my book, was to restore prorogation ceremonies, where the government would have to have a public accounting of what they accomplished in the session and outlining how they felt that they accomplished the goals set out in the previous Throne Speech, before they set out for a new one. You get public accountability, and you get some pomp and ceremony from the Governor General or the deputy reading that speech (and it should be the GG – the practice of it being the Chief Justice is another one of those particular pieces of historical trivia that is infuriating in how it perverted norms that were carried on unthinkingly). But Trudeau didn’t go that route, despite having publicly mused about it, and here we are today.

The fact that the Liberals are filibustering at the committee is everyone’s fault. Yes, Trudeau should appear at committee to testify why he decided to prorogue – it’ll be a useless exercise in him delivering talking points, but it’s his decision and he should be questioned for it if this is the route that he chose to go. But trying to get Katie Telford violates the issue of not calling staffers because of ministerial responsibility, and summoning the Kielburgers and the people who run Speaker’s Spotlight to testify as well is beyond ridiculous, because they have absolutely nothing to say about the prime minister’s decision. Sure, the prime minister quite likely prorogued because of the constant WE Imbroglio circus going on – but those particular figures aren’t going to say anything useful to the committee about the prorogation report, which is what they are supposed to be debating. It’s all about trying to keep the WE Imbroglio in the spotlight for as long as possible, never mind that most Canadians have long since moved on from it, because the opposition parties think they can still use it to score points. Nobody is doing their jobs anymore, the notion of a prorogation report is a sham, and this whole exercise is just wasting parliamentary time, and exhausting the limited resources of hybrid sittings (especially the interpreters). Everyone needs to grow the hell up, and maybe, just maybe, Trudeau will have learned his lesson that this report was a dumb idea and he’ll do the right thing next time and restore the prorogation ceremony instead.

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QP: The repetitive hyperbole around C-10

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On a gloomy day in the nation’s capital, Prime Minister Justin Trudeau was present in the Chamber for this proto-PMQ exercise, with only his steady side-kick, Mark Gerretsen, in the otherwise empty benches behind him. Erin O’Toole led off, script before him, and he conflated the allegations against General Vance with the Special Forces commander who wrote a glowing letter of recommendation for a soldier who was convicted of sexual assault. Trudeau responded by reading a list of actions they are taking to combat sexual misconduct in the military. O’Toole tried to find out what the advice was given when Vance was given an extension to his contract and a raise, Trudeau read a laundry list of actions being taken to combat gender-based violence. O’Toole was not mollified and demanded an answer, but Trudeau stuck to generalities about providing safe spaces for victims. O’Toole switched to French to repeat his first question and the disingenuous conflation of the cases, for which Trudeau read the French script for the list of actions taken to combat sexual misconduct in the military. O’Toole then complained about the silence when victims come forward, and wanted to know who would be held to account. Trudeau, without script, spoke about the appointment of former justice Louise Arbour as a step in changing the culture of the military.

Yves-François Blanchet rose for the Bloc, and raised the case of a victim of CERB fraud where he lost his GST reimbursement and was asked to pay $3000 in taxes, and Trudeau read that they have given resources to combat CERB fraud and to support victims, who were not to be held responsible for the sums. Blanchet said these words for cold comfort, and Trudeau repeated that victims were not to be held responsible. 

Jagmeet Singh led for the NDP, and in French, wondered why the government didn’t create the independent centre for sexual misconduct complaints for the military as the Deschamps Report called for. Trudeau read some generalities about the work of changing the culture in the military. Singh switched to English to repeat the demand, citing that the figures work out to three allegations per week. Trudeau repeated his answer in English.

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Roundup: The good and the bad of Star Wars Day tweets

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It was Star Wars Day yesterday (May the Fourth be with you…), and as happens every year, various government departments put out Star Wars-themed tweets, and some of them are good, and some of them are…not so good. For example:

Some really missed the mark.

As you can imagine, I am a pedant over social media about naming Grogu.

Some of the better ones were these:

As for party leaders, Erin O’Toole’s was…bad. Not quite as bad as last year’s shoddily-animated Grogu video (for which the person who was in charge of it needs to have their ass removed), but still bad, especially because it’s not done in good fun, but is trying to spin the notion that the government is trying to turn the CRTC into a personal Twitter censorship bureau. (There are issues with Bill C-10 – this is not one of them).

Jagmeet Singh’s was painfully earnest.

Justin Trudeau, being a true fan, hit a pitch-perfect note.

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QP: Spinning a Vance/Norman conspiracy theory

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It was a grey day in the Nation’s Capital, but the prime minister was in the Galactic Senate House of Commons for Question Period, along with the other fixture in the Liberal benches, Mark Gerretsen.

Erin O’Toole led off in French, worrying about the message that NACI gave yesterday, deliberately conflating it with Health Canada. Justin Trudeau told him that the most important thing is to get vaccinated with the first one offered to you, as they have all been judged safe and effective by Health Canada. O’Toole asked again in English, and got the same answer. O’Toole then switch to the Vance allegations, and spun an elaborate conspiracy that Katie Telford was friendly with Vance, and wondered if they didn’t pursue the allegations because of the Mark Norman investigation, to which Trudeau offered a simple no. O’Toole insisted that things all seemed a little too cozy, and Trudeau insisted they would support with anyone who came forward with an allegation. O’Toole spun the conspiracy out again, and Trudeau called him out for doing so.

Yves-François Blanchet rose for the Bloc, and worried that victims of CERB fraud were being told to pay now and get reimbursed later. Trudeau insisted that was false, and that the department was working closely on the issues with fraud, and nobody had to pay for it. Blanchet was not able to reconcile the statement, and Trudeau repeated that they were there to help fraud victims.

Jagmeet Singh led for the NDP, and in French, he wondered why they were refusing to implement the Deschamps Report, and Trudeau insisted that they did take concrete measures, and listed a number of federal strategies around things like combatting gender-based violence. Singh switched to English to state that there was a chilling effect for women who complain about sexual misconduct in the Forces, and Trudeau largely repeated his list of measures taken.

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Roundup: The meltdown over NACI

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There was a collective meltdown yesterday as the National Advisory Committee on Immunization delivered its most recent recommendations, saying that they recommended that the Johnson & Johnson vaccine be deployed for those over 30 (even though the current supply in the country is currently on hold pending a review of its quality control), and then cited that mRNA vaccines remained their preferred candidates – and everyone lost their minds.

This is not really unexpected if you have been paying attention, where the chair of the committee in particular has said that because of the “safety signal” attached to AstraZeneca related to the particular blood clots (which are very serious – there is a reasonably high fatality rate related to them) that it would be preferable to get mRNA vaccines, but if someone could not wait for them, then they should get the first available vaccine, even if it’s AstraZeneca. In their minds, it’s about being transparent around the risk factors associated, and they’re right. It’s just that this makes it harder for governments and public health officials to carry on with message that the best vaccine is the first one you are offered. Both are correct, and NACI has a lot of nuance in their guidance that is difficult for people to parse effectively, which is a problem, but it’s a question of whether the problem is NACI’s in how they communicate their guidance, or a problem in particular with media who are supposed to be able to take complex issues and translate them to the public, and yet are not very good at it (often walking away from these releases citing that they are “more confused than before,” which they shouldn’t be if they paid attention). It especially isn’t helped when certain journalists, talking heads, and especially certain MPs conflate the very different roles that NACI and Health Canada have, and try to assert that they should always be “on the same page” when they have different roles. Health Canada determines the safety of the vaccines, NACI offers guidance on the best way to deploy them, factoring in the current local epidemiology and vaccine supplies – guidance which provinces can accept or reject. It’s also why that guidance is always changing – they are reacting to current circumstances rather than just offering a simple recommendation once and being done with it, which most people are not grasping. And they have operated pretty much invisibly for decades, because there hasn’t been the kind of public attention on new vaccines up until now, which is why I really dislike the calls by people to “disband NACI” after yesterday’s press conference.

I get that people want clear binaries, and simple instructions, but that’s not NACI’s job, really, and expecting them to change their way of communicating after decades is a difficult ask. There is a lot of nuance to this conversation, and I will point you to a couple of threads – from professor Philippe Lagassé here and here about this kind of advice and how it’s communicated to the public; as well, here is hematologist Menaka Pai, who talks through NACI’s advice and what it means.

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QP: Hypocrisy and expletives

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On a rainy Monday in the nation’s capital, and at the start of a fourth consecutive week of sittings where tempers were getting frayed, there as once again only a single Liberal MP in the Chamber — Mark Gerretsen, of course. Candice Bergen off by video, and she groused that the defence committee meeting was cancelled this morning, alleging a cover-up, then said that the prime minister wouldn’t answer if he would have dismissed General Vance if he knew the nature of the allegations facing him. Harjit Sajjan noted that he appeared at the committee for six hours, and that they also heard from Stephen Harper’s chief of staff about what happened in 2015 when they appointed Vance while he was still under active investigation. Bergen accused the prime minster of not taking the allegations against Vance seriously because of the groping allegations levelled against him around the same time, and Sajjan instead raised that when the investigation against Vance was dropped on 2015, it was because of “pressure” and we wondered who was applying it. Bergen then tried to bring in what the prime minister’s chief of staff knew, for which Sajjan repeated that they knew about rumours against Vance and still appointed him anyway. Gérard Deltell returned to the issue of the defence committee cancelling its meeting this morning, crying that there was a cover up, for which committee chair Karen McCrimmon stated that they were developing recommendations, and there would be another meeting later in the week. Deltell then asked if PMO emails raised the possibility it was an issue of sexual harassment, why they did nothing about it. Sajjan repeated that the leader of the opposition knew of a rumour of misconduct and the Conservatives still appointed Vance while he was under active investigation. 

Alain Therrien led off for the Bloc, staying on the topic of the Vance allegations and accused Sajjan of contributing to the culture of silence in the military, and Sajjan recited this lines about taking the proper steps and alerting PMO. Therrien raised the appointment of Louise Arbour, while Sajjan insisted that politicians should not involve themselves in investigations. 

Rachel Blaney led for the NDP, and she too demanded action on the Arbour appointment over action, to which Sajjan repeated again that they are taking actions, including the appointment of a new officer in charge of culture in the military. Lindsay Mathyssen demanded that the recommendations of the Deschamps Report be implemented immediately, and Sajjan said that changing institutional culture is complex.

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Roundup: Playing chicken with the variants

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It’s been such a long and dispiriting week, as many of us in this country live under the rule of murderclown premiers who simply refuse to do their jobs when it comes to this pandemic, and keep trying to blame the federal government for their failures, or to at least distract from their inaction. We’re going through that especially in Ontario right now, where Ford and his ministers keep up this song and dance about the borders, without once recognising their own culpability in the spread of variants.

Dwivedi is absolutely right about the role of the media in this, constantly framing this as “squabbling” or “finger-pointing,” and not “there is clear jurisdictional authority for the province and they refuse to exercise it,” which means that these premiers (and Doug Ford most especially) get to escape being held to account. This is why I object so strenuously whenever I hear another journalist or TV host say “nobody cares about jurisdiction in a pandemic.” Sorry, but that’s not how real life works. There’s a division of powers in the constitution that doesn’t care about your feelings.

Meanwhile, Andrew Leach has a few observations about the situation in Alberta that are just as trenchant as the ones in Ontario.

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Roundup: Offering disinformation in a clownish motion

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Yesterday was a Supply Day for the Conservatives, and they decided to push a motion about access to vaccines – but because they are committed to a certain number of narratives that don’t belong in the real world, it was about as cartoonish as one might expect.

Part of the premise of why this so ridiculous is because the notion that sufficient vaccine supply could have been delivered in January and February – let alone right now – belies a belief that we live in some kind of post-scarcity society like in Star Trek: The Next Generation, where replicator technology basically eliminates these kinds of problems, such as supply chain issues, or the time it takes to scale up manufacturing, or the time to actually make the vaccine itself. It also seems predicated on the belief that Canada is apparently the only country in the world suffering from the pandemic, and that we should have some kind of claim to all of the vaccine first (even though we were far less badly hit than many, many other countries). There is a blatant falsehood in the motion where it claims that it was the federal government that recommended that the interval between first and second doses be extended to four months – that was not a federal decision. It was a recommendation by the arm’s length National Advisory Committee on Immunization, and they weigh their recommendations based on the current epidemiology, and it was in there considered opinion that there was a greater good in getting as many people their first dose as quickly as possible given supply constraints, and that the four months is likely to shrink as more doses arrive. More to the point, provinces decide whether or not they will accept NACI’s guidance or not, and not the federal government. The inclusion of this in the motion is pure disinformation designed to stoke anger. Finally, it ignores that the reason there are increasing “lockdowns” (and in most parts of the country, they’re not real lockdowns) are because premiers failed and didn’t properly control spread – most especially in those provinces where they re-opened too early, in spite of warnings that the new variants would cause spread faster, and yet they went ahead and did it anyway. This, again, is not on the federal government and it was always a fallacy that we could have vaccinated our way out of the second or third wave without lockdown measures.

https://twitter.com/robert_hiltz/status/1387827704204906497

https://twitter.com/robert_hiltz/status/1387847095357485057

 

Of course, this is happening in the shadow of an oncoming surge of new vaccine deliveries, which has Ontario and Quebec are promising that everyone should be eligible to get a first dose before the end of May, which is not far from what O’Toole and company were demanding in their clownish motion. So, was this is a play to try and claim victory when the vaccination numbers start to climb? Or is this just a play to the base where facts don’t matter when there are emotions? Either way, it’s not the best look for the party that considers itself the government-in-waiting.

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