Roundup: A difference in Supreme Courts

There’s been a fair amount of chatter the past couple of days about how everyone on both sides of the border seemed to know who US Supreme Court Justice Ruth Bader Ginsberg was, but most Canadians would have no idea who any members of our own Supreme Court are. While some blame this on American “media saturation,” I think it’s more than that (though media saturation is a factor). Rather, the partisan jockeying around the composition of the American Supreme Court means that there is far more investment in who is on the bench and what their ideological leanings are, coupled with a willingness on the part of that Court’s justices to become media figures.

The Supreme Court of Canada is largely devoid of the partisan balancing act of its American counterpart, and Canada’s relative lack of particularly conservative schools of legal thought means that we have a much more homogenous legal community, which finds for less polarization on the top court – though the McLachlin era of many unanimous decisions has largely come to an end and dissents are more frequent – which is not such a bad thing. This isn’t to say that our court isn’t political, because it is – it is very much a political actor in the Charter era – but it is generally not partisan in that regard. As for the willingness for celebrity, most Canadian Supreme Court justices eschew the limelight, and very rarely grant interviews (not the case in the US), though the new Chief Justice, Richard Wagner, is a little more open with media and has taken to holding a year-ending press conference every June, which has not happened before now. Nevertheless, those are some of the reasons why Canada’s court and its personalities are not media spectacles like they are in the US, and that’s really not such a bad thing.

Meanwhile, here’s a look at how the Supreme Court of Canada is adapting to ensure in-person sittings for the duration of the pandemic.

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Roundup: Liberal caucus boards the BI train

Ever since the creation of CERB at the beginning of the pandemic, the Basic Income crowd has believed that this is their chance to finally get what they’ve been asking for. Most of it remains in the realm of lollipops and unicorns, with a lot of handwaving away the difficulties associated with a basic income, but here we are. To that end, it seems that the Liberal caucus has made this their top priority for the party’s upcoming policy convention, which means that it has a fairly good chance of getting adopted as party policy. Of course, in the current day and age, a party’s policy book isn’t really worth the paper that it’s printed on because the leader’s office now controls everything, most especially the campaign platform (you know, what the party’s policies are supposed to inform), so I wouldn’t put too much stock in this, but it’s certainly an indication of where their heads are at.

To that end, economist Lindsay Tedds, who has been studying the implementation of Basic Income programmes, is unimpressed with this turn of events. Why? Because there are a lot of things in the federal government’s wheelhouse when it comes to better implementing current social supports programmes that they’re simply not doing, because of the ways in which they rely on the current tax system – which is a problem when a significant portion of marginalized people can’t access those benefits because they don’t file taxes. And if you’re going to implement a Basic Income, you would think you’d want to get these kinds of things sorted first so that it becomes easier to do any kind of BI.

Economist Mike Moffatt also makes the point that there are far more effective things that the federal government could spend money on that would get better outcomes than spending it on basic income, because of the supply side problems that adding more money into the system won’t fix, but will simply drive up things like rental costs.

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Roundup: More deficit vapours

The deficit pearl-clutchers have continued their parade through the op-ed pages of the nation, and some of them worry that the government’s planned green and inclusive recovery package could cost *Dr. Evil finger* ONE HUNDRED BILLION DOLLARS! Some of the usual suspects are getting the vapours over this, so here are a couple of reality checks to start your long weekend off with. Enjoy.

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Roundup: Warning signs ignored by the RCMP

Monday morning was kicked off by a very good story over on Global about a lawsuit launched by former employees in the RCMP’s intelligence unit regarding the bullying of alleged spy Cameron Ortis, who awaits trial for allegedly stealing state secrets with the intent to sell them. The suit alleges that Ortis was bullying out anyone from his office that he didn’t like in order to install friends and people who would be pliant. While the government says they are going “look into” the matter – the fact that this was raised long before Ortis’ arrest and apparently ignored by the RCMP’s management is concerning.

Meanwhile, here’s former CSIS analyst Jessica Davis putting these allegations into perspective – and painting a worrying picture of our national security institutions in the process.

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Roundup: Trading in NWO conspiracies

On Saturday, Conservative MP and former minister Kerry-Lynne Findlay retweeted a shitpost put up by a QAnon follower that contained a video of a pre-politics Chrystia Freeland interviewing George Soros, and worried that Soros was trying to get China on board with the New World Order – a particularly pervasive conspiracy theory which goes back to the anti-Semitic tropes of the “Protocols of the Elders of Zion.” Findlay’s quote-tweet – since deleted – had her proclaiming that Freeland was “listening carefully to him like a student to teacher. The closeness of these two should alarm every Canadian.” When called out, Findlay insisted that it was “about economics,” before she finally deleted her tweet, apparently after Liberal MP Anthony Housefather (who is Jewish) reached out to her to explain why the Soros/NWO conspiracy theories are inherently anti-Semitic. Findlay then made a qualified apology, claiming she “thoughtlessly shared content” and that she doesn’t endorse hateful rhetoric, but didn’t explain her won statement about why Freeland interviewing Soros should be “alarming.”

Why does this matter? Because other Conservatives including Pierre Poilievre were retweeting Findlay uncritically, which means that this kind of conspiracy theorism and anti-Semitism is getting more normalized. And then there’s the fact that Andrew Scheer spent his farewell speech promoting sites like True North and The Post Millennial which also trade in these kinds of narratives, and was touting them as credible and “objective,” when they are not. What this is saying about where the Conservative party is at in terms of what kind of narratives they trade in should be alarming, especially when you think of the fact that fourteen percent of the party voted for Derek Sloan’s outright parroting of Trump talking points, which includes the racism, misogyny and homophobia.

Over the rest of the weekend, Erin O’Toole was silent on the tweet, as were the other Conservatives who retweeted Findlay. That should also be concerning, especially because it means they are either ignorant of the anti-Semitic tropes they were trading in, or they were complicit in them. That’s not a direction that we want Canadian politics to be heading down, and Findlay owed an explanation of why it was “alarming” that Freeland interviewed Soros as a journalist, and O’Toole owes an explanation for his silence in not shutting this down when it happened.

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Roundup: The O’Toole victory post-mortems

Now that Erin O’Toole has been “decisively” declared the winner of the Conservative leadership contest, all of the analysis has churned out. While O’Toole avoided the media (he’ll have a press conference today instead) and got to work with meetings to solidify his transition to leader, including changes to senior staff, but had a call with the PM, wherein O’Toole was sure to point out in his readout that he raised “western alienation” as a concern he wanted addressed in the Throne Speech – sending a signal to his base on day one.

Here is a reminder of the things that O’Toole promised during his leadership campaign – and caution, a lot of those promises are premised on some eye-popping economic illiteracy. Here are five ridings whose results help tell the story of O’Toole’s rise using the rules of the campaign (you can find the full riding-by-riding breakdown here). Here’s an analysis of who the power players are in O’Toole’s Conservative Party.  Here’s a look into Leslyn Lewis’ campaign and what it signals, but I would put a word of caution for those who insist that this is some kind of turning point for a party that tends to favour old straight white men at all levels – I did notice over the past few months that whenever certain Conservative voters would harass female academics on social media and were called out for it, they would insist they weren’t sexist because they were voting for “a black woman to become prime minister.” I have a sneaking suspicion that Lewis has given a certain amount of cover to these kinds of people, which isn’t really a sign of progress.

Meanwhile, Susan Delacourt lists the things O’Toole will need to address before the party will be ready for an election, which means biding their time. Heather Scoffield sees an opportunity for O’Toole to exploit when it comes to fiscal policy. Aaron Wherry wonders how O’Toole will differentiate himself as leader given the party’s approach to issues. Éric Grenier crunches the numbers to show how the social conservative vote benefitted O’Toole over Peter MacKay. And Paul Wells takes stock of O’Toole, finding him to be little more than a warmed-over Scheer in an era where the political centre in the country has shifted from where the Conservatives believe it to be, which will mean that O’Toole will need to think bigger than he currently seems to have an interest in.

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Roundup: Exit Morneau

After a week of leaks about clashes, finance Bill Morneau took to a lectern late in the day on Monday to announce that he had tendered his resignation, and would be resigning both as minister and as MP. Well, first he did some back-patting over his record and couched the decision by saying that he never planned to serve more than two election cycles, and since the economic recovery would take years, it was better for someone else to step in who could carry the work through. The bombshell out of this was the face-saving gesture that he had put his name forward to be the next secretary general of the OECD, and that he had the PM’s full support in doing so – which is either really cute that he thinks he actually has a chance, or a bit pathetic in that he offered up an excuse that beggared credulity. The Q&A portion had very few answers, but this kind of pabulum is what Morneau was so good at – lots of words, not a lot of substance. When asked about the difference that he was apparently clashing with Trudeau over, Morneau mouthed that there was “vigorous discussion and debate,” and that he hoped that work on the green economy could continue and that he would try to help with the OECD (which he won’t get). He denied that he was pressured to resign, said that when it came to WE, he has been involved in philanthropy for many years and that in hindsight he wished that he had one things differently and recused himself – and yet said nothing about the donor trip he didn’t disclose. He insisted that he still wanted to contribute, and said that at the OECD, he would deal with things like international taxation and digital transformation, and use the expertise he gained as the finance minister of a G7 country to help, but, well, that’s not going to happen and we all know it.

Liberal Sources™ are saying that there won’t be an interim finance minister, though the Orders in Council say that Mona Fortier is already the Acting Minister since Morneau is out of the picture. The leading contenders for the job appear to be Jean-Yves Duclos, Chrystia Freeland, and François-Philippe Champagne.

Meanwhile, Paul Wells describes the strange circumstances that surrounded Morneau’s departure – particularly the leaks to the media about fights that Morneau lost and was gracious about, with added snark about how the departure went down. Heather Scoffield notes the good work Morneau did before agreeing that it was time for him to go. (Look for my own column on Morneau’s departure later today on Loonie Politics).

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Roundup: The toxic environment at Rideau Hall

The big news last night was that the CBC had staff on the record about the climate of harassment and verbal abuse that has emerged at Rideau Hall since Julie Payette became Governor General, and her friend Assunta Di Lorenzo her Secretary. It’s not actually surprising – there are three years of stories coming out of Rideau Hall about the atmosphere getting increasingly toxic and that Payette’s behaviour has been mystifying at times – that she doesn’t want to do some of the ceremonial aspects of the job, and wants to have an active hand in portions of the job where she shouldn’t. My own sources have been saying that Payette and Di Lorenzo are “erratic,” and that most people can’t deal with them. Staff has left Rideau Hall in droves. All of the indications are that it’s a sick workplace – but Payette put out a press release saying that this is all news to her because nobody has complained through the official process (which isn’t really a complaint mechanism because it all goes back to Di Lorenzo and ultimately Payette). And if you need convincing, here are three years of stories (thread), including some of my own.

Ultimately, this is Justin Trudeau’s responsibility because he appointed her without due diligence that she would be suitable for the role. The fact that he did away with the vice-regal appointments committee in order to listen to his own inner cadre about Payette as a choice is pretty much the exact kind of thing we’re seeing with the WE Imbroglio playing out right now – nobody bothered to exercise critical judgment, and instead all went along nodding and drinking more of the Kool-Aid, and lo, a bad decision was made – and one that ultimately damaged one of our parliamentary institutions. It also is now up to Trudeau to do something about the situation, whether it’s managing Payette and Di Lorenzo and working on a plan to transition them out, or if they won’t go, calling up the Queen and asking her to dismiss Payette (which is a last resort because the first rule of constitutional monarchy is you don’t get the Queen involved). Any way you look at this, it’s not good, and it’s yet another black mark on Trudeau’s record.

Here’s Philippe Lagassé on the options available to dealing with Payette. And if you want to know more about the former vice-regal appointments commission and the role of the Secretary to the Governor General, and why Di Lorenzo’s appointment has been a problem from the start, read my chapter in Royal Progress: Canada’s Monarchy in the Age of Disruption, and learn more about it.

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Roundup: Taking a personal day

Of all the possible misplays for Justin Trudeau to make at the height of a controversy around his poor choices, ethical blind spots, and insistence that he’s being open and transparent, the first day of a two-day recall of the House of Commons saw him absent with the only excuse on his daily itinerary being a “personal day,” which sent the opposition into a frenzy. It’s not like Trudeau chose this day for the Commons to be recalled and for there to be a proper Question Period – erm, except he did. And then wasn’t present. Way to read the room.

Andrew Scheer had his own attempts to make hay, insisting that if the Liberal backbenchers don’t oust Trudeau (without a mechanism to do so, it should be noted), that they were signalling that they were okay with his “corruption” – never mind that a conflict of interest is not actually corruption, and he’s not exactly someone who should be throwing stones considering that he was forced to resign his own leadership after it was revealed that he was helping himself to party funds to the tune of almost a million dollars.

Meanwhile, the Conservatives are also pushing back against the bill being debated, objecting to the “complexity” of the wage subsidy changes, despite the fact that for there to be a proper phase-out and to ensure it’s more broadly encompassing than the programme was initially, there needs to be added complexity. Their objections won’t matter for much, considering that the Bloc has agreed to support the bill regardless so there are enough votes to go around, but it is a change from bills being supported unanimously at all stages, and something that resembles a sense of normalcy slowly returning to Parliament, which is a good thing.

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Roundup: A shock-and-awe number

The Conservatives are crowing about their membership numbers in the lead-up to their leadership vote, where some 269,000 Canadians are now eligible to vote – not that they all will, but it’s a shock-and-awe number that they say are bigger than any previous Conservative (or its predecessor parties’) leadership contest – though not quite as large as the Liberal contest that elected Justin Trudeau. And while on paper it’s great that there are so many people who have joined the party, this is one of those traps that have created so many of our problems in this country.

The original sin in Canadian politics was the Liberals’ decision in 1919 to move away from caucus selecting their new leader after Wilfrid Laurier’s death to a delegated convention. From then on, under the guise of being “more democratic,” they ensured that their leaders could henceforth not be held to account by the MPs of their caucus – nor the party, really, because “leadership reviews” are largely bogus exercises (sorry, Thomas Mulcair!). And what ends up happening is that when you have a big number like 260,000 party members, when the leader who winds up being selected in this manner gets into trouble, he or she tells their caucus “I have the democratic legitimacy of these 269,000 votes – the average riding has 75,000 electors. I have the bigger mandate.” It has been the way in which the centralization of power has been justified, and all of abuses of that power have followed.

The other problem is that these kinds of memberships tend to be transactional for the duration of the leadership contest. A good many of these members won’t stick around and to the work of nominations or policy development, which is another reason why these shock-and-awe numbers wind up being hollow in the long run. We do need more people to take out party memberships in this country, but it has to be meaningful engagement, and a leadership contest is not that. It only serves to perpetuate the problems in our system.

 

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