Roundup: The meaningless debate over Teck Frontier

The debate over approval of the Teck Frontier oilsands mine is reaching completely absurd levels, right up to warning that this will be an existential crisis for Confederation if the federal government rejects it. There is a fight brewing within the Liberal caucus, and Jason Kenney’s bombast is back to its dangerous stoking of anger for promises that nobody can deliver on. Conservative talking points, as with Kenney’s, are full of complete mistruths about the proposed emissions targets of the mine if it goes ahead, and they exaggerate the initial environmental assessment, which was skeptical about many of the claims the company made about their emissions. That Teck has promised to try and be carbon neutral by 2050 is also something that should be taken with a massive grain of salt because they haven’t outlined how they’ll get there, and it sounds an awful lot like technosalvation – that they hope to develop some miracle technology between now and then.

And it’s just so stupid because it’s unlikely that the project would even go ahead even if it were granted approval, and yet this is somehow supposed to be the great saviour of the Alberta economy. It won’t be. Teck has stated that even if they get approval, they would need another partner, more pipeline capacity, and the price of oil to be at least $75/barrel, and it’s currently sitting around $50, and unlikely to start climbing anytime soon as the global supply glut continues, and the shale boom in the US continues to drive down prices.

Nevertheless, a number of outlets are reporting that the federal government is preparing a fiscal rescue package in the event that it doesn’t get approval, which people are already panning as tone deaf, and the death knell of investment in Canada, but not one of them is looking at the current economics – that even if approved, it’s not financially viable, and as Andrew Leach points out, there are plenty of other approved projects that are not moving ahead because it’s not economically viable. Should the government prepare fiscal rescue packages for that eventuality too? The problems in the province and in the sector are not the fault of the current federal government, as much as people like to blame them. It’s a bigger, structural problem that has been decades in the making, and the ship isn’t going to be turned on a dime. Blaming Trudeau won’t solve anything.

Meanwhile, if you think this is somehow related to the former Bill C-69 and its environmental assessment process, it’s worth a reminder that this assessment process is under the process that the Harper government put into place, and even then, it’s not like this project is getting anywhere. That should be another signal.

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QP: Melting down over court challenges

While the prime minister was off meeting with big city mayors before heading off to Ethiopia, Andrew Scheer was indeed present, and he led off and he read a bunch of complete lies about the supposed plan to “license” media, to which Steven Guilbeault, who reminded him that the panel recommendations specifically excluded news media and the government would not regulate news media. Scheer insisted that wasn’t good enough and the report somehow would impact free speech, and Guilbeault repeated his answer in English. Scheer tried again, and Guilbeault said that he would be happy to sit down with the opposition when they tabled a bill. Scheer then moved onto UNDRIP, and claimed it was an effective veto on energy projects, to which David Lametti said that they were moving ahead with legislation that would be co-developed with Indigenous people. Scheer tried to use the scare tactics of veto powers, and Lametti suggested that Scheer look at BC’s UNDRIP legislation and see that it is not a veto. Alain Therrien led off for the Bloc, and he railed about the Court Challenges Programme funding a challenge against Quebec’s “secularism” bill, for which Guilbeault said that the government doesn’t have any control over that funding, and that they Bloc should understand the notion of independence. Therrien asked if the government supported the challenge, to which Pablo Rodriguez said that the legislation is being challenged by Quebeckers and that the government was following with interest. Jagmeet Singh was up next for the NDP, and demanded changes to the federal bankruptcy laws to prioritise workers, to which Navdeep Bains said that they had made some commitments in the last budget. Singh then demanded to know how much had been spent on legal fees for the challenge around the First Nations compensation, to which David Lametti said that reports of legal fees are calculated according to a set formula.

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QP: Fictional legislation and crass quips

Wednesday, caucus day, and MPs were riled up in the aftermath. Andrew Scheer led off, and he recited some concern about the state of the Trans Mountain pipeline, to which Justin Trudeau expressed his satisfaction with the Federal Court of Appeal and that the previous government couldn’t get it done without boosterism. Scheer then tried to hand-wave about fictional “emergency legislation” around court challenges and worried about the United Nations Declaration on the Rights of Indigenous Peoples as a “new threshold” to prevent development, to which Trudeau called out the whole question as a reflection of how the Conservatives don’t understand how things work. Scheer tried again, and Trudeau called out the misinformation. Scheer switched to French to worry about the supposed “plan” to license media, to which Trudeau picked up a script to read that they would not impose licensing on news. Scheer changed to English and lied about what was in the report, as well as the media “bailout” fund, and Trudeau slowly enunciated that they would not impose licenses on news organisations or regulate news content. Yves-François Blanchet was up next for the Bloc, and he rambled about they English School Board of Montreal getting money to challenge the “secularism” bill, to which Trudeau started that the Court Challenges Programme awards aid to groups in an arm’s length way from government. Blanchet tried to make this an issue of provincial jurisdiction, to which Trudeau repeated that programme was independent of government. Jagmeet Singh was then up for the NDP, and complained about the backlogs for women regaining First Nations status after the law changed to broaden the criteria. Trudeau started that they have spent record amounts to Indigenous communities, and it takes longer because the delivery needs to be done in partnership with those communities. Singh then moved onto the Coast Gas Link pipeline dispute, demanding that the prime minister meet with the hereditary chiefs, to which Trudeau stated that the issue was entirely under provincial jurisdiction, which they respect.

https://twitter.com/AaronWherry/status/1225141168683606017

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Roundup: Rushing a resurrected bill

The government made good on their promise yesterday to re-introduce Rona Ambrose’s bill on sexual assault training for judges, and to their credit, they tabled an amended bill that does take into account most of the criticisms of the previous version of the bill that likely would have rendered it unconstitutional because it interfered with judicial independence in pretty much every respect. (See my story here). Not that you’d know it from some of the reporting – the CBC in particular has been absolutely allergic in looking into what the objections to the bill were, and why they made it unworkable and unconstitutional, preferring to blame the Senate as being an “old boys’ club” rather than objecting to an unworkable and unconstitutional bill – you know, like they’re supposed to.

But despite every party supporting the bill, that didn’t stop them from getting cute with it. The Conservatives, for example, suggested in Question Period that the government amend the bill so that it also includes training for Parole Board members – which is out of step for the language in the bill. Because, seriously, the Canadian Judicial Council is not going to provide that training, as the bill stipulates that they do for judges. And then Jagmeet Singh decided he too was going to be cute, after QP, and move that the House vote to pass the bill at all stages in one fell swoop, with no scrutiny. The Conservatives blocked that (possibly to put on a show about their floated notion about Parole Board officers), but seriously, Singh was completely offside in moving the motion in the first place.

The previous version of the bill was fatally flawed, but it passed the House of Commons unanimously because it hadn’t been properly studied. They sent it to the Status of Women committee, which has no expertise in the legal system and how it operates, and they focused on survivor-based training, which actually turns out to be problematic because it could potentially bias the training, particularly when it comes to the presumption of innocence before the law. It wasn’t until the bill reached the Senate that its flaws were actually discussed, but hey, it sounded like a good idea so all MPs passed it without thinking. Let me be clear – that’s a terrible way to pass laws, and it’s MPs abandoning their roles. As a former criminal defence lawyer, you would think that Singh might appreciate the problems inherent in the bill, particularly when it comes to bias and judicial independence – the latter of which I challenged him on in a scrum after QP – and he was completely oblivious to it, mouthing platitudes about sexual assault survivors. That’s not how Parliament is supposed to work. It would be great if our opposition parties could do their jobs, but it increasingly feels like it’s too much to ask. (The same goes for you, CBC).

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QP: Being too cute on parole and Quebec

While Justin Trudeau was in town today, he was nevertheless absent from QP, for whatever the reason. Andrew Scheer led off, and he read a question about whether the government would support their Supply Day motion on committee study of the incident of the murder of a sex worker by a prisoner on parole. Bill Blair reminded him that they have ordered an investigation, and they should wait for answers before jumping to erroneous conclusions. Scheer then read a demand for parole board officers to get sexual assault training as the government plans for judges. Blair reminded him that the judges bill is important, but there was an investigation ongoing. Scheer demanded to know if the parole board officers who made that decision were still hearing cases, and Blair circuitously stated that they weren’t while laying out additional facts. Pierre Paul-Hus demanded the training for parole board officers again in French, got the same response from Blair, and Paul-Hus then demanded that the prime minister fire the parole board members, and Blair responded that the motion contains erroneous facts, but that the government would support it anyway. Yves-François Blanchet was up for the Bloc and, thinking he was clever, stated that if the government points to François Legault’s support for the New NAFTA, would they also support his demand for a single tax return form for Quebec, to which Diane Lebouthillier told him no, that was not going to happen. Blanchet then demanded the government respect the Quebec “secularism” bill, and David Lametti reminded him that groups were challenging it in the courts. Jagmeet Singh was up next for the NDP, and demanded the government stop court challenges of compensation for First Nations children, to which Marc Miller started that they would have a compensation model to propose by February 21st. Singh then raised the strikes in Regina before demanding National pharmacare and dental care, for which Patty Hajdu reminded him they were working on it, and that she welcomed his suggestions.

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Roundup: Stop proposing bad rule changes

Sound the alarm, because MPs – and Liberal MP Kevin Lamoureux in particular – are talking about changing the Standing Orders again. Lamoureux has apparently committed to bringing back Frank Baylis’ package of reforms, most of which were are either half-measures, or wrong-headed and will have unintended consequences that will simply make things worse. But as with anything, as soon as it’s been proposed, it becomes the politician syllogism – “Something must be done. This is something. Therefor we must do this.” Apparently, nobody learned a gods damned thing after Michael Chong’s garbage Reform Act, and we’re about to go through yet another attempted exercise that will wind up going badly. (I wrote about Baylis’ proposals last year).

There are a few things in the Lamoureux interview that I did want to highlight first, which is the talk about eliminating votes on Mondays and Fridays – that’s pretty much a given considering that they already don’t have votes on Fridays, barring exceptional circumstances like a vote-a-thon, and they rarely have them on Mondays either, and when they do, it’s usually in the evening, by which time most MPs should have arrived in Ottawa. I’m also going to give some major side-eye to MPs who complain that they could be doing more work in their ridings, because their jobs are in Ottawa. Their jobs are to hold the government to account by doing the work of things like scrutinizing the estimates, going through the Public Accounts, and studying legislation in committee. Their jobs are not actually about doing “casework” with constituents, most of which should be done by the civil service. An MP’s office is not supposed to be a Service Canada desk, and I wish that they would stop pretending that it was.

The other part that I’m getting increasingly irate with is the talk about developing a parallel chamber for the House of Commons, and dressing it up as “efficiency.” No. There is no reason for us to have one. It makes more sense in Westminster where they have 650 MPs, and there are fewer opportunities for them to have take-note debates on things in the main chamber, but we really don’t have either the need, or frankly the bodies to do it, because we already have enough of our MPs assigned to more than one committee outside of House Duty, so there are already not enough hours in the day for most of them. We also don’t need the hours for added “debate” on government bills – we need to reform how we’re structuring debate period. We don’t need additional time for private members’ business because it will only bottleneck in the Senate and die on the Order Paper anyway. There is zero rationale for it – but there is currently a romance with the notion, and so they keep proposing it. No. Stop it.

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QP: Trying to make Orwell happen

Monday of the second week back, and for the anniversary of the great Centre Block fire of 1916, the wooden mace was on the table for the day. Justin Trudeau and Andrew Scheer were present, but most of the other leaders were not. Scheer led off, mini-lectern on desk, and he immediately raised the spectre of the torqued stories of government licensing media. Trudeau took up a script to say that the report stated that news was not to be licensed, that they believed in free media, but they continued to study the report. Scheer tried again, throwing out references to Nineteen Eighty-Four, China’s basic dictatorship, and Fidel Castro. Trudeau repeated the response, trying to be emphatic about it. Scheer then pivoted to the economy, talking down the figures, and Trudeau reminded him that they have made progress on tackling poverty and investing in growth. Scheer tried again, and Trudeau reminded him that they actually cut taxes. Scheer tried to then score points on the supposed $50 Million to MasterCard — really an investment in a cyber-security research centre — and Trudeau read back Scheer’s quotes about the importance of cyber-security from the election. Alain Therrien led off for the Bloc, worrying about the potential approval of Teck Frontier Mine. Trudeau picked up a script to read that they were evaluating the proposal and would come up with a response within a month. Therrien tried again, and Trudeau listed from memory the various measures they are taking to protect the environment. Alexandre Boulerice led off for the NDP, and he worried that the government was not calling out Donald Trump’s Middle East “peace plan” as it disadvantages Palestinians. Trudeau reminded him that the government’s long-standing policy is for a two-state solution negotiated by the parties involved. Brian Masse then railed about the Volkswagen settlement, and Trudeau read that the Public Prosecution Service made all decisions independently.

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Roundup: Giving credence to nonsense

As the Conservative leadership race starts to heat up, we’re hearing Erin O’Toole reiterate his neo-colonial “CANZUK” nonsense, and aspiring narcissist Rick Peterson has been all over talking about his “flat tax” proposal without giving any concrete numbers or context as to the trade-offs of that plan. And of course, some UK media has picked upon on O’Toole’s proposal in the wake of Brexit, giving it undue credibility – which is a problem in and of itself.

https://twitter.com/MikePMoffatt/status/1223959683528101889

So economist Kevin Milligan actually crunched the numbers for the aspiring narcissist Peterson, and lo, it’s not pretty.

https://twitter.com/MikePMoffatt/status/1224011123009249281

https://twitter.com/kevinmilligan/status/1224103928096182272

https://twitter.com/kevinmilligan/status/1224144132873961473

https://twitter.com/kevinmilligan/status/1224146058088865794

In other words, it’s not novel or a “bold idea” – it’s hokum that we’re giving a free pass. Let’s do better than this.

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Roundup: Ginned up outrage over accounting rules

My tolerance for ginned-up outrage is mighty thin, and it was exceeded yesterday as a certain media outlet ran a completely bullshit story about how in the last fiscal year, $105 million of Veterans Affairs’ budget went unspent and was returned to the consolidated revenue fund rather than simply kept in the department for the following year as the government “promised” to do following a completely inane NDP Supply Day motion a year previous. The story is one hundred percent not worth anyone’s time, and we have a media outlet who has decided to waste precious resources into putting a disingenuous framing mechanism around an NDP press release and calling it accountability.

To be clear: the whole premise of this “outrage” is the fact that the NDP have deliberately ignored how accounting and budgeting rules work in order to dial up a fake controversy for the sake of scoring outrage points in the media. The unspent money from Veterans Affairs is because they’re a demand-based department – they estimate how much they’ll need to deliver services to veterans every year, and if the funds don’t all get spent, then the law states that money goes back to general revenue, and reallocated in the following year’s budget. This does not mean there is deliberate under-spending – it means that they overestimated what the demand for services would be in an abundance of caution. And yes, there are backlogs in the department, but when you have capacity issues because they can’t hire enough qualified staff at the drop of a hat (after the previous government let hundreds of them go), you can’t just throw that “leftover” money at that problem. Pretending that it works otherwise is frankly dishonest.

One of the journalists at said outlet took exception to my calling out the disingenuous framing and insisted that the government shouldn’t have promised not to keep the funds in the department if they didn’t intend to keep the promise – and I would almost accept that as a valid argument except for the whole promise in and of itself was the result of shenanigans. The NDP’s whole Supply Day motion last year was illusory outrage, and government explained over and over how accounting rules and demand-based departments work, but if they voted against the (non-binding) motion, they would be voting against veterans and it would be bad optics. The path of least resistance is to vote for it and just keep following the rules. Because what is the alternative – vote for it, and then bring in new legislation to contort the accounting rules for this one-off bit of faux outrage over a non-scandal that is the direct result of a party that deliberately misstated how said accounting rules work in order to try to generate headlines? How is that a productive use of anyone’s time or energy? It would be great if we could get certain media outlets to engage in some critical thinking and not fall for this kind of transparent spin, and then gin it up as though it were a real scandal. We all have better things to do.

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Roundup: Expecting a regulatory overhaul

I’ve been keeping my eye on the Orphan Well issue in Alberta from a distance, somewhat in part because of everything I learned about the problem when writing about the Supreme Court of Canada challenge around how the obligations to clean them up interacted with federal bankruptcy law. As it turns out, the Supreme Court said no, companies can’t offload these environmental problems in order to salvage other assets, so Alberta was left with a problem as the huge problems with the way their regulatory system operates has been left with a very big problem. The province’s energy regulator (which has long been accused of being captured by the industry) is finally admitting that their system for determining liabilities has been flawed all along, and the province is saying they’ll be releasing new regulations soon, but we’ll have to see how much more stringent they’re going to be with the provincial government constantly worried that they’ll unduly harm the industry in its weakened state (which is another reason why Kenney has been pressing for those so-called “equalization rebates” from the fiscal stabilization fund in order to put toward remediating orphan wells – because why not get the federal taxpayer to deal with the remediation of environmental liabilities that the province deliberately under-funded in order to keep the good times rolling (and their tax base unsustainably low).

Meanwhile, the number of smaller oil and gas companies who haven’t been paying their taxes to municipalities or rents to farmers and landowners is climbing, leading to a great deal of frustration in the province, and there are calls essentially for these smaller companies to be allowed to go bankrupt so that larger ones can take them over, and they’ll be better capitalized to deal with their environmental liabilities, as happened in Texas several years ago. Then again, seeing as the provincial government and their federal counterparts seem to be so much more beholden to the smaller oil and gas players than they are the big ones (for whom they will deride as being big corporations, because don’t forget they’re right-flavoured populists), so we’ll see how far that line of argument gets them.

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