Roundup: Ford’s win, and echoes of 2011

So, that was an election, Ontario. I’m sure we’ll be full of hot takes, followed by the ritual lamentations about vote-splitting, and there will be a bunch of sanctimonious claptrap about “strategic voting,” but in the meantime, I am reminded of 2011. Why? Because with a Progressive Conservative government and an NDP official opposition, we may find that for the next little while, we’ll see a number of those MPPs talking about how great it is that there’s some real choice in visions in Ontario, and isn’t it great that those mushy-middle Liberals are out of the picture? And while we got a bunch of that in 2011, we also quickly found that the NDP MPs that did get elected in their big wave were not all up to par, and they went on an aggressive lockdown orchestrated by the leader’s office (or interim leader, as the case quickly proved to be). And it was that lack of real competence that ensured that the Liberals still in the chamber quickly became the grown-ups in the room. Question Period didn’t really start until then-interim leader Bob Rae stood up, and he ran circles around both the opposition and the government, frankly. And I suspect that it had something to do with how the Liberals were able to rebuild as quickly as they did – because people quickly started to clamour for a centrist vision that they could rally around. But it also didn’t happen without a lot of hard work, and a leader who emphasised the importance of that. We’ll have to see where the Liberals in Ontario land. As of the time I’m writing this, there is enough fluctuation still that we’re not sure if they will keep official party status at eight seats, and with Kathleen Wynne’s resignation as party leader, that leaves it open to see how these Liberals will get their acts together to provide that centrist voice (which was somewhat lacking under Wynne – who did win her own seat, incidentally). And in the meantime, here’s some advice from Jean Charest about rebuilding a devastated party.

Meanwhile, in hot takes, Justin Ling looks at the hard time that Doug Ford will have when it comes to trying to dismantle the cap-and-trade system in the province as well as fight the federal carbon price backstop, while Chris Selley notes that this is a bit of a blank slate because we have no coherent vision of what the party’s vision really is after their unrealistic platform. John Ivison asserts that this is the dawn of a new era of combative federalism, with Ford voting against everything coming from Ottawa. Paul Wells looks at the immediate problems for both Ford and Justin Trudeau coming out of last night’s election.

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QP: Bothered by bonuses

While a torrential downpour descended on the nation’s capital, he third-last week of the spring sitting got underway. Andrew Scheer led off in French, mini-lectern on desk, decrying the “failure” of the government to buy the Trans Mountain pipeline and the revelation that executives were getting million-dollar bonuses. Justin Trudeau took up a script to read about their decision to stand up for workers, but would not comment on the internal workings of a company. Scheer switched to English to repeat the question, with added verbosity. Trudeau had no script this time to reiterate the same thing, and adding that public investment has long been necessary to develop resources in Canada. Scheer switched topics, offering some revisionist history in saying that they immediately supported the government in retaliating against the imposition of US tariffs, but worried that our measures wouldn’t come into effect until July 1st. Trudeau reminded him that they wanted to consult to ensure that no Canadians would be inadvertently hurt by these measures. They went another round of the same, and Scheer switched topics again to Iran, and the recent tweets by the Supreme Leader, to which Trudeau took up a script to read some pro forma condemnation of Iran’s actions. Ruth Ellen Brosseau led for the NDP, reading some condemnation about those Kinder Morgan bonuses, and Trudeau, sans script, gave the response about the $15 billion Canada loses annually by not getting a world price for oil. Brosseau worried that the pipeline trampled on the rights of First Nations, to which Trudeau suggested that they did a lot of consulting on the issue. Georgina Jolibois reiterated the question in English, and Trudeau said that they listened to all First Nations, including those who disagreed with them, and they tried to do what they to allay concerns. Nathan Cullen got up to reiterate the question of Kinder Morgan bonuses with added sanctimony, to which Trudeau repeated the $15 billion talking point and the fact that it fit within their climate plan.

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Roundup: Justifying a belligerent tone

Two days after the American tariff announcements, and I found myself still struck by the tone that the federal Conservatives have adopted with this, squarely blaming Trudeau rather than the uncertainty engine known as Trump, and engaging in the same kind of disingenuous narrative-building to justify their stance. In particular, they have been trying to claim that when Trudeau made his tour of steel and aluminium plants earlier in the year, that it was a “victory tour,” which is vastly different from how I remember it. Back then, it was about reassurance and the prime minister wanting to tell them that he had their backs and given that the government was ready for these tariffs to happen and had a package of retaliatory measures ready to go, it means that they didn’t take the reprieve for granted – entirely negating the premise of the Conservatives’ attack lines. Not that facts matter. They are also insistent that the Trudeau government has allowed itself to get “distracted” by the feel-good chapters around labour and gender in NAFTA negotiations, which again, is novel if you pay the slightest amount of attention to what’s been going on. But this isn’t about truth – this is about building their narrative that Trudeau is a dilettante who is incompetent and that the Conservatives are the real grown-ups in the room (despite evidence to the contrary). And because people have let Scheer and company lie with impunity on all sorts of files for months now, they feel emboldened to take this course of action, despite how gauche or out of step with other conservative voices in the country it may be, because they see this as their long-term game plan. And we’ll see if any of those voices call them out on it.

As for the impact of the tariffs, it turns out that they could have a far less detrimental impact on Canada’s aluminium industry because it exports more product to the US than we do steel, and America’s own smelters are older and less efficient than Canadian ones, meaning that these tariffs won’t do anything to help support the US industry, and American producers say that they could do more harm than good. Steel, of course, is a different story. The whole tariff issue, meanwhile, could mean that the lock that the American arms industry has on our military procurement may be at an end, and that our Forces may start looking to Europe for equipment instead – something that may actually be more affordable, but the tendency had been to buy from American producers under the guise of “interoperability” with American forces. As for the American companies facing retaliatory tariffs, well, they’re still learning about them, but most don’t seem too concerned. At least not yet. And many Republicans and businesses are lashing out at Trump for the move – including anchors at Fox Business.

In further reaction, Andrew Coyne believes that the sheer size of the US economy means that our retaliation will come to nothing, and even if we coordinate with other countries, we’re unlikely to change Trump’s mind, so better to work to contain the US presidency. Susan Ariel Aaronson suspects that the tariffs will weaken America’s national security interests rather than strengthen them, as Trump has used as the excuse to enact them, while Andrew MacDougall thinks that Trump’s move may benefit Doug Ford, who pledges to lower taxes and cut red tape that may appeal to people who think this can help keep Ontario’s economy competitive.

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Roundup: The first salvo of a trade war

It looks like we’ll officially be in a trade war with the United States, thanks to the decision of the American government to slap steel and aluminium tariffs on us as a direct consequence of NAFTA not being renegotiated (under the guise of “national security” concerns), and the Canadian government has opted to retaliate. And we also learned that a NAFTA deal was on the table, but because we refused the five-year sunset clause (as well we should have because it would present too much uncertainty to industry), the Americans walked away from the deal. So that’s a pretty big deal.

The tariffs could have pretty big knock-on effects on our economy, and it won’t really help the American steel industry, which is already operating pretty much at capacity, so much of Trump’s justification evaporates. And Canada’s retaliatory measures, calculated to be dollar-for-dollar on the US-imposed tariffs may sound like an odd list that includes things like yogurt, candy, pizzas and pens, it’s all carefully calculated to target the industries of swing states and key American legislators as they start heading toward mid-term elections. The objective of course is to put pressure on them, who should in turn put pressure on Trump. In theory. We’ll see.

Meanwhile, Aaron Wherry looks at how Trump is ignoring the basics of statecraft and getting away with it with impunity. Paul Wells suspects it’s time to start snubbing Trump rather than appearing eager to get a deal accomplished, since that’s what he’s more focuse don in the first place. Stephen Saideman says that Canada needs to retaliate somehow, lest it feed Trump’s perception that “maximal pressure” works in negotiations.

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Roundup: Trans Mountain and Phoenix

The government announced yesterday morning that they were going to acquire the Trans Mountain pipeline and the project to twin it from Kinder Morgan – but that this would be a short-term acquisition if another buyer can’t be found before August. In the meantime, a loan would be extended to Kinder Morgan to begin construction immediately. Rachel Notley cheered and said that it’s time for Albertans to pick up tools and get to work on building it. Morneau, incidentally, won’t say what those construction costs will be, as that’s commercially sensitive information that could undermine the process for finding a buyer for the pipeline. As for who some of those buyers might be, here’s a look at that question. The buyout – if it happens – won’t eliminate opposition, but it changes the legal situation for BC in that federal paramountcy is even more prevalent than it was before. BC premier John Horgan says that his fight will carry on, but he’s suddenly saying that this is all because the federal oceans protection plan isn’t good enough, which is…new, and not terribly convincing. As for Indigenous activists, some say that the announcement is tantamount to a “declaration of war,” but other Indigenous communities are seeing this as an opportunity to buy a stake in the pipeline to benefit their communities.

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The Conservatives immediately stated that this was all because of Liberal incompetence, that Kinder Morgan never said they wanted to sell, that they only wanted “certainty,” and then Andrew Scheer engaged in a bunch of revisionist history that falsely claimed that other pipeline projects never got government financing (it’s like he’s never read about the Trans Canada Pipeline construction in the 1950s, not to mention the development of the Hybernia offshore oilfield, or the development of the oilsands themselves). Oh, and Scheer’s definition of “certainty” that he would provide includes forgoing the current environmental assessment bill (has he talked to environmental lawyers or looked at the kinds of court challenges that the Conservative legislation has generated?) and his insistence that they could somehow “assert” federal jurisdiction by means of a declaration or a bill is ridiculous because they already had jurisdiction. The pipeline crosses a provincial boundary, thereby making it federal. Jurisdiction was never seriously in question. His MPs and other federal and provincial mouthpieces have been trying to spin this as some kind of conspiracy that Trudeau is only buying the pipeline in order to take control of it and shut it down so that they can shut down the entire oil sector. Seriously? You expect people to believe that, after Trudeau has staked an enormous amount of political capital on this very move? Really?

In other reaction, Andrew Coyne sees this as not all bad news (though I’m not sure how much more the Liberals could have done to avoid it), while John Ivison sees irony in the government “getting into the pipeline business” on the same day as the Auditor General blasted them for an inability to manage big projects. Tim Harper sees this as a potential precursor to tougher days ahead for Trudeau, while Jason Markusoff notes that this will make it hard for Albertans to sustain the narrative that Ottawa hates them (though by gods, the Conservatives in Ottawa are really trying). Andrew Leach also gives a very detailed analysis of the purchase in Twitter threads here, here, here, and here.

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QP: Investing in assets

While the prime minister was away after this morning’s major announcement on the government decision to acquire the Kinder Morgan Trans Mountain pipeline, all other leaders were present — for a change. Andrew Scheer led off, mini-lectern on desk, and he railed about the Trans Mountain announcement, before demanding to know that it wouldn’t cost more than the $4.5 billion. Bill Morneau responded with a bit more fire than we usually get from him, decrying the audacity of the Conservatives for demanding the pipeline get built and then complaining when they assured it would be. Scheer offered some revisionist history when it comes to governments paying for pipelines (there is in fact a long history of it), and Morneau reiterated that the project was in the national interest. Scheer played the economic nationalist card in that $4.5 billion going to “Texas” shareholders, and Morneau repeated the points about jobs and the economy. Alain Rayes took over in French, and demanded to know how much it would cost taxpayers, and Morneau repeated that it was important to invest in the project, that their investment ensured it would be completed. After another round of the same, Guy Caron got up to rail that this investment was a betrayal, rather than investing in the clean economy. Morneau said gave the usual line about the environment and the economy going hand-in-hand, and that while they invested in clean energy, this project was still necessary. After another round of the very same, Nathan Cullen got up to ramble sanctimoniously about what was in the public interest, and Morneau reminded him that they went through a robust process, and that people need to respect the rule of law. Caron piled on more sanctimony, and Morneau made points about stepping in between provincial squabbling.

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QP: Borders and pipeline taxes

While Justin Trudeau was present today after meeting with the prime minister of Estonia, Andrew Scheer was away. In his place, Lisa Raitt led off, worried about irregular border crossers, and the strain it was putting on housing. Trudeau stood to respond, script in hand, to say that they have robust processes, but the previous government left them backlogs that they were still cleaning up. When Raitt insisted that there were three separate problems as a result of his #WelcomeToCanada tweet, the lack of clarity from the immigration minister, and the international development minister welcoming those migrants because they helped with a labour shortage in her riding. Trudeau didn’t take up a script this time and reminded Raitt that they have a system that applies to everyone, and when Raitt tried a third time, Trudeau got more vociferous in his reiteration that there is a proper process, that they ensure that everyone goes through it, whether there are backlogs or not. Gérard Deltell took over in French, reiterating the previous question, to which Trudeau noted that while Canada welcomes people a from around the rule, the system is applied with integrity and that we are a country with a rule of law. On a second time around, Trudeau noted that they still had irregular migrants under their watch, and they cut their healthcare on top of resources to CBSA and the IRB. Guy Caron led off for the NDP, and accused Kinder Morgan of avoiding Canadian taxes, so why would the government give them a blank cheque. Trudeau started with the tired environment and the economy talking point before transitioning to the fact that without the pipeline, our economy is losing out of a $15 billion because of a lack of access to other markets. Caron tried again, and Trudeau doubled down on the need for a better price for our oil. Ruth Ellen Brosseau took over to ask the same again in English, and Trudeau reiterated his answer, and again on a second go around.

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Roundup: Don’t be fooled by Friday’s childish meltdown

You may have heard that there was a bit of a meltdown in the House of Commons yesterday. You may also have heard a bunch of suspect commentary about what it was about, and some particularly dubious ruminations about how noble it was that these opposition MPs were standing up for their rights to examine the Estimates and to ensure that all government spending was properly voted for, and so on. The problem is, is that those sentiments demonstrate that they’ve been taken in by the ruse that this is all related to.

So, to recap: Yesterday the parties were on notice that Government House Leader Bardish Chagger was going to move the motion to start late-night sittings in the House of Commons for the last four scheduled sitting weeks, in order to get bills through and off to the Senate. After all, it’s likely that the government wants to prorogue and have a new Throne Speech in the fall, and it’s better to get as many bills off the Order Paper before that happens. But just before Chagger is going to move that motion during Routine Proceedings yesterday, the NDP’s Daniel Blaikie conveniently stands up to raise a point of order and starts to demand that the Speaker allow them to delete Vote 40 from the Estimates. Vote 40 is related to the $7 billion fund that the government wants to use to get a move on budgetary matters that haven’t made it through proper Treasury Board review yet. The figures are all in the budget, laid out in a table, on how it will be spent. The opposition has decided that this is really a “slush fund” that can be spent on anything (the government is quite insistent that if they spent it on anything other than what’s in the table in the budget that it would constitute unauthorised spending, which is a significant thing). After Blaikie started a lengthy speech about it, the Speaker said he’s heard enough, that the matter is before committee and not the Commons, so it’s not in order. When he tried to move onto other business, Blaikie kept demanding he be heard. The Conservatives joined in. And thus began an eight-minute childish tantrum of shouting and desk banging that drowned out other business, and once that calmed down, endless cycles of points of order regarding whether or not they could hear the motion or the interpretation, and so on. There was no greater principle being expressed or upheld – it was a procedural filibuster. And we know this because they tried other tactics after that one failed, including points of personal privilege over the earlier meltdown, and a concurrence debate on a committee report (which, as Kady points out, is kind of fun to watch because almost no one has prepared speeches for them, so they’re forced to think on their feet, which they should be doing anyway, but whatever).

Procedural shenanigans I’m fine with. It’s a necessary part of Parliamentary democracy. I’m less fine with the infantile tantrum that they threw when they didn’t get their way. That’s the part that needs to be called out for what it was. And I especially resent the fact that you have a bunch of pundit who should know what a filibuster looks like after being on the Hill for so many yearswho were all “They have a legitimate point!” That legitimate point, as meritorious as it may be in a more existential conversation about reform of the Estimates process, was not what this was about, and to treat it as though it was is to fall for the game. I will additionally add that I am especially displeased with the commentary on the Power & Politicspower panel, where pundits who are not in Ottawa and who don’t cover this place got space to ruminate about how the Speaker was acting partisan because the government is on its heels a bit, of that this $7 fund was just like an omnibus bill that they swore they would never use, and nobody pushed back about how bogus this commentary was. (Paul Wells offered the actual take, bolstered by Aaron Wherry, for the record, but regardless). I will reiterate that procedure matters, and it would really help if people covering and commenting on this place understood that.

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Roundup: A major amendment at committee

There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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QP: Conflicts, subsidies, and elections

While Justin Trudeau was off in Charlevoix, and Andrew Scheer in Laval as part of his “listening to Quebeckers” tour, there were no leaders in the Commons today except for Elizabeth May. Candice Bergen led off, raising new allegations from the Globe and Mail about the Arctic surf clam fishery, to which Dominic LeBlanc assured her the allegation was false, before reminding her that they included Indigenous people in the fishery when the previous government didn’t. Bergen reiterated the previous allegations about the process including the accusation that his family will benefit, and this time LeBlanc was a little more sharp in his reiteration that the allegations are false, and the fact that he has no family connection in the case. Bergen demanded that the prime minister remove him from the file, and LeBlanc assured her that he would cooperate with the Ethics Commissioner, but pointedly reminded her that she should stick to the facts. Jacques Gourde took over to ask the same again in French, and LeBlanc called out the fact that they were simply reiterating the same falsehoods in French. After a second round of the same, Ruth Ellen Brosseau led off for the NDP, demanding an end to fossil fuel subsidies by 2019 and to know how much would be given to Kinder Morgan. Bill Morneau got up to say that they were on track to phase out subsidies by 2020, and that they were still talking with Kinder Morgan. Nathan Cullen reiterated the same in English, with a heap of added sanctimony, to which Morneau repeated his same answer. Cullen then got up to moralise about  getting multi-party support for the elections bill, to which Karina Gould praised it going to committee to get the “study and interrogation” that it deserves. Brosseau repeated the same in French, and got the same response.

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