Roundup: Dishonest blame-laying

As this so-called convoy of “yellow vest” protesters moves eastward toward Ottawa, many of them demanding magic wands to expedite pipeline approvals that won’t actually happen (seriously, trying to fast track and cut corners is what got approvals thrown out in the courts before), I find it exceedingly curious – and a bit alarming – that Jason Kenney refuses to denounce some of the elements that have attached themselves to these “yellow vests,” most especially white nationalists and racists who are trying to use these rallies to agitate against immigration and asylum seekers. Kenney simply waves them off as a “handful” of people with “kooky ideas,” while he takes the intellectually dishonest route of blaming Justin Trudeau and Rachel Notley for Alberta’s oil sector woes, never mind the global supply glut, the shale revolution, and market inertia, or the fact that capacity only became an issue in recent months when production increased – or the fact that when he was in federal cabinet, pipeline projects weren’t making any faster progress either.

Trudeau and Notley didn’t create the problems of consultations on Northern Gateway. They didn’t create the market condition problems for Energy East. They didn’t create the American regulatory issues around Keystone XL. Trudeau bears some responsibility for the consultation issues around the Trans Mountain expansion, but that also has to do with institutional inertia and how bureaucratic Ottawa and the NEB in Calgary thought of Section 35 consultations in spite of successive Supreme Court of Canada rulings. These are broad and, in some cases, intractable problems for which easy solutions don’t exist, no matter what Kenney or Andrew Scheer say. Putting the bulk of the blame on Trudeau and Notley is completely and utterly dishonest, and Kenney knows it. But why does truth matter when you’re trying to stoke anger to win points?

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Roundup: It’s Statute of Westminster Day!

Today is the anniversary of the Statute of Westminster, which you should be very excited about. Why is it important? Because in 1931, this is not only the Act of Parliament that gave Canada its sovereignty in terms of setting our own foreign policy – essentially meaning we were now a real country and no longer a glorified colony – but more importantly, it also created the Canadian Crown. In fact, this is where the Crown became divisible, and suddenly the Crown of the United Kingdom split off to become the Crowns of Canada, New Zealand, the Irish Free State, South Africa, Newfoundland, and Australia. The realms have changed since then, but the principle remains – that the King (now Queen) was no longer just the King of the United Kingdom, but that each realm had their own separate legal Crown as well. This is an important milestone in Canadian history, and we should pay much more attention to it than we traditionally do – particularly if you’re a fan of the Canadian monarchy because this is where it all began for us.

With this in mind, here’s Philippe Lagassé explaining the consequences of the Statute with regards to royal succession and the compromises that resulted from it.

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Roundup: The inaugural NSICOP report

The National Security and Intelligence Committee of Parliamentarians tabled their redacted report on the prime minister’s India trip yesterday, and, well, there were a number of redactions. But what wasn’t redacted did paint a picture of an RCMP that bungled security arrangements, and that didn’t have good lines of communication with the prime minister’s security detail, and where they left a voicemail for someone who was on vacation, while someone else in Ottawa decided to not bother trying to reach out until the following day because it was the end of their shift. So yeah, there were a “few issues” that the RCMP fell down on. And because of the redactions (done by security agencies and not PMO, for reasons related to national security or because revelations could be injurious to our international relations), we don’t have any idea if the former national security advisor’s warnings about “rogue elements” of the Indian government were involved was true or not.

https://twitter.com/SkinnerLyle/status/1069736311785951234

The CBC, meanwhile, got documents under Access to Information to show what kind of gong show was touched off with the communications side of things as the government tried to manage the fallout of the revelations of Atwal’s appearance on the trip (and in many senses, it wasn’t until the prime minister gave a very self-deprecating speech on the trip at the Press Gallery Dinner that the narratives started to die down). Because remember, this is a government that can’t communicate their way out of a wet paper bag.

In order to get some national security expert reaction, here’s Stephanie Carvin and Craig Forcese:

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It should also be pointed out that the opposition parties are trying to make some hay over the redactions, and are intimating that they’re the product of PMO for partisan reasons. It’s not supposed to work that way, but hey, why deal in facts when you can proffer conspiracy theories, or in Andrew Scheer’s case, shitposts on Twitter?

https://twitter.com/RobynUrback/status/1069786954756173825

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Roundup: Island of Unintended Consequences

Over at Maclean’s, David Moscrop profiled the “new” Senate, and in it was probably the best description of the institution in its present state – the “Island of Unintended Consequences,” as penned by Greg MacEachern of Proof Strategies. And that’s very much true about the state of the Chamber, but unsurprisingly, almost none of those unintended consequences were explored. The bulk of the piece was devoted to the notion that we don’t know how senators will vote anymore and they say they don’t want to defeat bills but who knows *handwavey motion*.

The problem is that it’s not just the uncertainty over how senators will vote – it’s the fact that the people being put in charge in that Chamber don’t really know what they’re doing. The Order Paper is becoming hopelessly behind with bills piling up, and because nobody wants to negotiate and do any of the horse-trading that gets bills passed, it’s getting worse. This has serious implications for the government trying to get their agenda through, but too many senators are busy congratulating themselves on the fact that they’re not whipped that they fail to see the a) that horse-trading is not partisan but rather how things get done; and b) that the pile-up of legislation is going to become a serious problem unless they get their acts together and start getting bills through the system. If you want an unintended consequence, that’s certainly a huge one, and one that Senator Peter Harder seems willing to let happen so that he can get his way with the creation of a “business committee,” which will just fob yet more responsibility off of his desk and onto another small cliques’ plate (but he needs his $1.5 million budget!) and won’t do any of the things he promises when it comes to avoiding the end-of-session legislative pile-up. The fact that the Independents now make up the majority of the chamber, most of them too new to know what they’re doing (and lacking proper mentorship), the Order Paper crisis is happening and they don’t understand that it’s happening. This is a problem, and we need more senators to wake up to it.

Meanwhile, Senator Paula Simons talks about her live-tweeting in the Chamber as a way of de-mystifying its work, thanks to her career as a journalist, and I for one applaud her for it (though I will offer her corrections as she goes along).

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Roundup: An oil conundrum

There’s an interesting conundrum happening in Alberta, where the premier and industry leaders are talking about production cuts owing to the supply glut and lack of refining capacity in the US being responsible for near-record lows for Canadian exports. The problem of course is whether the premier should use powers that haven’t been exercised since the days of Peter Lougheed, or if oil companies should voluntarily reduce their own production – and if they do, does this constitute price-fixing? There isn’t any easy solution to any of this, and it’s not just build more pipelines – they would only need to be pipelines to tidewater in order to find markets not hampered by the current refining shutdowns in the US, and that are prepared to take heavy oil and diluted bitumen. It’s also a bit on the unfair side to say that it’s simply “regulatory and political” challenges – as we’ve seen from successive court decisions is that attempts to take shortcuts and to weasel out of obligations is what’s causing delays and to have permits revoked. In other words, part of the problem is self-inflicted, and they try to hand-wave around it by crying “national interest” as though that makes it better.

Here’s a lengthy but good explanatory thread from Josh Wingrove, and it’s well worth paying attention to, because there’s a lot of demagoguery floating around about the issue, and it pays to be informed about why prices are low, and why it’s not something you can wave a magic wand to fix.

https://twitter.com/josh_wingrove/status/1062817943812218894

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Roundup: Parting shots after the furore

As the furore around the transfer of Tori Stafford’s killer dies down now that she has been moved back to another medium-security facility (but not “behind bars” as there aren’t any in women’s institutions in this country), the Conservatives and Conservatives are trying to get parting shots in. While the Conservatives have been demanding apologies from the Liberals because they’re still sore that they were called ambulance chasers, the Liberals’ parting shot was delivered on Friday as Karen McCrimmon, the parliamentary secretary for public safety, let it be known on Power & Politics that other child killers were transferred to healing lodges under the Conservatives. Hold up, said P&P, and while McCrimmon couldn’t give any names, the show went and checked. And lo, since 2011, twenty people convicted of killing a minor have been moved to healing lodges, 14 of them under the Conservatives. Now, we don’t know any of the details of these transfers, and how along they were in their sentences, or anything like that, because the families of the victims didn’t come forward like Stafford’s father did. But it certainly blows the Conservative narrative that this is somehow a Trudeau/Liberal “soft on crime” policy out of the water.

So, a couple of observations: The Conservatives keep insisting that they weren’t the ones who politicised the issue, and yet they are simultaneously patting themselves on the back for “forcing” the government to act, when the government ordered a review within a couple of days of this transfer going public. That sounds an awful lot like politicising it. Their talking heads have also been going onto the talk shows to insist that the Liberals were the ones who started the “name calling” and “insults” first, when it was only after a day of sustained questions that got increasingly graphic and overwrought that Trudeau accused them of ambulance-chasing politics. In other words, they are trying to play victim. There is also a certain amount of utter shamelessness when they insist that things that happened under their watch (the aforementioned killer being transferred from maximum to medium security, or now these other child-killer transfers) are somehow different because we’re talking about the here and now. I get that this is politics, but at some point, one has to wonder why there is a lack of shame around any of what goes on.

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Roundup: Looking for a domestic MS-13

Over the past week, Andrew Scheer has been touting his latest pre-election policy plank, which promises to tackle the problem of gang violence – except it really won’t. His proposals are largely unconstitutional and fall into the same pattern of “tough on crime” measures that are largely performative that do nothing substantive about the underlying issues with violent crime, but that shouldn’t be unexpected. The measures go hand-in-hand with their talking point that the government’s current gun control legislation “doesn’t include the word ‘gangs’ even once,” and how they’re just punishing law-abiding gun owners. And while I will agree with the notion that you can’t really do much more to restrict handgun ownership without outright banning them, it needs to be pointed out that the point about the lack of mention of gangs in the bill is predicated on a lie – the Criminal Code doesn’t talk about “gangs” because it uses the language of “criminal organisations,” to which gangs apply (not to mention that you don’t talk about gangs in gun control legislation – they’re separate legal regimes, which they know but are deliberately trying to confuse the issue over.

I have to wonder if the recent focus on gangs as the current problem in gun crime is that they need a convenient scapegoat that’s easy to point a finger at – especially if you ignore the racial overtones of the discussion. Someone pointed out to me that they’re looking for their own MS-13 that they can demonise in the public eye – not for lack of trying, since they focus-tested some MS-13 talking points in Question Period last year at the height of the irregular border-crossing issue when they were concern-trolling that MS-13 was allegedly sending terrorists across our borders among these asylum seekers. The talking points didn’t last beyond a week or two, but you know that they’re looking to try and score some cheap points with it.

With that in mind, here is defence lawyer Michael Spratt explaining why Scheer’s latest proposal is a house of lies:

Or as another criminal defence lawyer, Dean Embry, puts it, if you’re going to make stuff up on this issue, then why not go all the way?

https://twitter.com/DeanEmbry/status/1062102941123907590

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Roundup: Hung legislatures vs basic civics

New Brunswick had an election on Monday night, and it resulted in a 22-21-3-3 hung legislature, and wouldn’t you just know it, there’s been some really awful reporting about it, because apparently people who report on politics in this country can’t be arsed to learn the basics of how Responsible Government works. Hence, we got reporters saying that people “don’t know who the premier is” – which is wrong, because it remains Brian Gallant as he hasn’t resigned – or that he would “get first crack to try and form a government” – he already has a government, but rather he will try to test the confidence of the Chamber – or another heinous offender was framing his meeting with the lieutenant governor as getting “permission” to test confidence, which is again wrong because the LG doesn’t grant permission. I’m also not crazy about framing the election as “inefficient votes” for the provincial Liberals because that implies that the popular vote is a real thing, when it’s a logical fallacy – it was not one election, but rather 49 separate elections that happened at the same time. This is basic civics, and yet our media is failing Canadians, so well done everyone.

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What makes this particular election result interesting is the fact that there are two “third-parties,” each with three seats – the Green Party, and an anti-bilingualism populist party – that will have to prop up either the incumbent Liberals or the PCs, who won one more seat (so far as we know – there are several recounts now underway). That means that the election of a Speaker will be crucial, and word has it that the government is making offers to PC winners to try and get one of them to take up the post. Of course, one particular quirk of New Brunswick is that, well, their Speakers tend to be fairly partisan. So that could make things doubly interesting for the way things will play out in the weeks and months to come.

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Meanwhile, Paul Wells accurately describes the dynamics of the post-election period and how the LG will discharge her role, which is not to give permission. Susan Delacourt tries to tease out the effect of populism on this election, but along the way grossly mischaracterises the LG as having “waded into” the results and giving Gallant “the right” to stay on as premier, when that’s not how it works, and it’s disappointing that these myths keep getting traction.

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Roundup: Delay for the sake of delay

With Parliament now risen for the summer, The Canadian Press decided to take a look back at the rise in obstruction tactics by the opposition in the last couple of months, and some of it is blatant obstruction for the sake of obstruction. And while a number of the usual pundits decried the piece, I think there are a few things to drill into here – not because I don’t think that there are legitimate uses for opposition obstruction and filibusters (because there certainly are), but what it says about the tone of this current parliament.

There are a few examples cited in the piece about opposition tactics that don’t make sense – the insistence on running out the clock on a six-hour marathon of speeches over the Senate public bill about Latin American Heritage Month that all parties supported (though I’m unsure how, procedurally, a Senate public bill got that many hours of debate because it should have really gotten two under private members’ business), the vote-a-thon tantrum that was cynically designed to simply kill Friday hours rather than make any meaningful points about the Estimates that were being voted upon, or the hours of concurrence debates on committee reports that all parties agreed upon. The piece makes the point that there are concerns that these tactics were designed to force the government to bring in time allocation on more bills in order to get them through, so that they could turn around and accuse them of acting in bad faith after they came in promising not to use time allocation (despite the fact that it’s a defensible tactic under most circumstances).

To a certain extent, this is the government’s fault for coming in trying to play nice and operating under the rubric that all parties can be reasonable and agree to debate timetables. That hasn’t always proved true, and when Bardish Chagger’s proposals around scheduling motions like they use in the UK got shot down (legitimately – it’s not something I would have really supported because it means automatic time allocation of all bills), she warned that time allocation would be used more frequently, and it certainly appears that the opposition parties have dared her to do so with their tactics. But I do find it frustrating as a parliamentary observer that good faith attempts and allowing more debate gets abused in order to try and embarrass the government rather than making parliament work better, and then they can complain when the government has to play hard(er) ball. We already know that the rules in which we structure debate here are broken and need to be overhauled to ensure that our MPs are actually debating rather than simply reciting speeches into the void, and that they in fact can encourage this kind of dilatory behaviour. The measures that Chagger proposed to make Parliament work better wouldn’t have actually done so, but I don’t think it’s illegitimate to shine a light on delay for the sake of delay because it does highlight that there are problems with the rules at present. But we need to get over the kneejerk reactions that calls to do so are about partisan purposes rather than about the health of our democracy.

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Roundup: Provocation theatre

I have been giving a good deal of thought to this whole situation with Rachael Harder and the Status of Women committee, and it wasn’t until Andrew Scheer went on CTV’s Your Morning yesterday to decry the “intolerance” of Liberal MPs for a “strong, competent, dynamic young woman” that it started to click. “The Liberals are trying to politicize this. I actually find it disgusting that the Liberals would treat a young, female Member of Parliament in this way, and it just shows the intolerance of the Liberal party,” Scheer went on to say, which is hilarious because he’s the one who made the very political move of putting his critic into the role of committee chair, which is supposed to be a neutral arbiter of the rules and to facilitate discussion, and who isn’t supposed to vote other than to break a tie.

It was then that I finally understood what was going on. Andrew Scheer is trying to be a Dollarama knock-off Ann Coulter/Milo Yiannopoulos provocateur.

The signs were all there, from his preoccupation with free speech on campus, to his appropriation of the kinds of alt-right language being used to weaponize free speech across North America, and this move with Harder fits that bill entirely. I’m pretty sure that Scheer knew exactly what he was doing when he put someone who was avowedly pro-life into the Status of Women portfolio as a poke in the eye to the Liberals (for whom there are still some unhealed wounds over Trudeau’s dictate that the party is a pro-choice, full-stop), and it was an even bigger deliberate provocation to try and put her into the chair position of that committee, no matter how inappropriate it was to put a critic into that role. Of course, this is Scheer, so his timing has been inept enough that he created his own distraction from the tax proposal issue that he has been all sound and fury over (then tried to blame the Liberals for creating the distraction). It was also his way of provoking another round of discussion about the abortion issue without his having to deliberately raise it – he just ensured that the Liberals and NDP would do it for him, and he could stand back and accuse them of “politicizing” the issue, and then getting Harder to play victim.

Of course, some of the pundit class is trying to brand this as the Liberals being “in contempt of Parliament” (which is a specific Thing, and this is not it – and when you point that out, the correction is “having contempt for Parliament.”) Which is ridiculous. Walking out on votes is as much a parliamentary tradition as filibusters and any other procedural protest. And when it’s being done because someone wants to play provocateur in order to virtue signal to a portion of their base that they want to solidify, it’s all the more eye-roll inducing.

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