Roundup: An address to the nation following the Throne Speech

It’s Speech from the Throne day, which is always exciting, though it’ll be a much sparser affair given the pandemic. What is stranger is the fact that prime minister Justin Trudeau plans to take to the airwaves in the evening, around 6:30 PM, apparently in a bid to talk about the urgency pandemic and the emerging second wave, because we’re back to exponential growth in new cases in four provinces. After all, last night in the UK, Boris Johnson gave a public address to announce a second lockdown was going to start, so 2020 is going really well.

Meanwhile, there still is no agreement among MPs on how voting will work once the new session begins, and it sounds like the test for the proposed remote system did not go very well. Currently the parties seem to have some kind of an accord on a rotation system, but Trudeau and the Liberals keep pushing for hybrid sittings and remote voting while the Conservatives (rightfully) remain skeptical. But nobody is talking about the most practical solution, which is sequestering MPs and creating a bubble around Parliament Hill for them. I mean, if the NHL can do it, why can’t MPs, given how much more important Parliament is than the hockey playoffs.

Speaking of the importance of Parliament, MPs from the Liberals and NDP are balking at the availability of priority testing for them and their families at that Gatineau clinic, insisting that they’ll take spots away from other people who need it in the long queues for tests. And then the Conservatives went ahead and used unapproved serological tests yesterday provided by a lobbyist who is trying to get Health Canada to approve them – never mind that these tests don’t determine current infections, but only the presence of antibodies from past infections. This while they howl for the government to approve more rapid tests, even though the truncated approval process in the US has meant that faulty tests got approved there, which Health Canada is trying to avoid.

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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: Turner and what has changed since

Former prime minister John Turner passed away over the weekend at age 91, and while you can read about his life here and here, for example, there were a couple of things I wanted to mention about his time in office. Thanks to the problems with the leadership selection processes in this country, Turner didn’t have a seat when he won the Liberal leadership and was sworn in as prime minister. He was only in office for eleven weeks, never meeting the House of Commons, and was defeated in an election shortly thereafter, though he did win a seat and stayed on as leader of the opposition for six years. Most of the tributes to him this weekend have not talked about his reputation for being “handsy,” barring the famous bottom-patting incident with party president Iona Campagnolo, though Susan Delacourt says that he was respectful and wasn’t patronizing to women reporters, who were still rare in the day.

What I think is most interesting, however, was that Turner fought an election in 1988 on the question of free trade, and Turner was bitterly opposed, saying that this would turn Canada into a colony of the United States, and that there would only be doom ahead. The then-Progressive Conservatives were the pro-trade party, and won the day with a majority parliament. Here we are a little over thirty years later, and the situations have reversed themselves – now it’s the Liberals who are champions of free trade and open markets, while the modern iteration of the Conservatives are turning into protectionists who are pushing a “Canada First” plan. It’s amazing how things can change so much in that long (particularly when parties abandon ideology for the sake of populism).

I also am curious how they plan to conduct a state funeral for Turner given the current pandemic restrictions. One supposes that they could have him lie in state within a space like the Sir John A Macdonald building on Parliament Hill, and that the funeral will be televised with a lot of people in masks, but it will no doubt be a challenge for all involved.

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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: Feigned confusion and a filibuster

As anticipated, the government unveiled their reforms to the wage subsidy programme yesterday, which included more of a sliding scale for revenue drops and how much support businesses could get before the subsidy phases out, which helps ensure that businesses don’t reach a “cliff” in terms of restart growth only to have that support ripped away at an arbitrary level. This has the business community both applauding the government for responding to concerns, while also moaning that it’s so complicated now, which has some economists rolling their eyes. It also looks like the government that insisted they don’t like abusive omnibus bills is rolling the legislation for these changes in with the new-and-improved disability payments, as well as the justice timelines legislation, so that’s something to look forward to when the House comes back next week for a single day.

Meanwhile, the Ethics committee met yesterday to start their own look into the WE Imbroglio (conveniently with many of the same faces who subbed in at the Finance Committee during its hearing), to which the Liberals on the committee, knowing that they don’t have sufficient votes, decided instead to filibuster things, which is not a good look. Their arguments that this undermines the work of the Ethics Commissioner ignores that his role is supposed to support them, not the other way around; the fact that they were blocking a motion to demand the receipts from Margaret and Alexandre Trudeau’s public speaking events from their Speaker’s Bureau going back to 2008 is a little more suspect, and I haven’t heard a reasonable rationale for it or how it relates to the proposed study on how well the conflict-of-interest regime is working. Suffice to say, this isn’t a good look for the Liberals, and there are better ways of beating the Conservatives at their own game than playing into their hands. It’s too bad that they can’t seem to grasp that.

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Roundup: A curious case for declaratory legislation

A curious story showed up on the CBC website yesterday, wherein justice minister David Lametti stated that if it looked like pandemic delays were going to cause criminal trials to essentially “age out” of the court system as a result of the Jordan decision – meaning that once they reach a certain point, they are deemed to be stayed because they took too long and have become unconstitutional – that he would introduce legislation to “clarify” how the Supreme Court’s Jordan decision was to be clarified. It’s curious because it seems to be a bit of a made-up issue – the Jordan decision already stated that the 30-month timeline allowed for exceptional circumstances, and we can all agree that a global pandemic is by definition an exceptional circumstance. This isn’t to say that declaratory legislation isn’t a valid exercise, because it can be – but it just seems wholly unnecessary in this case, when there are other ways that the government could be better dealing with the criminal justice system and juries than worrying about the Jordan timelines.

In any event, here is defence lawyer Michael Spratt with some thoughts on the story:

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Roundup: An apology on the second attempt

It was prime minister Justin Trudeau’s first presser since the WE Imbroglio blew up over the revelations of his family being paid speakers for the charity, and there was a definite note of contrition this time. After hinting that the government would extend the wage subsidy until December with details coming later in the week, a mention of his call earlier in the morning with Donald Trump that touched on tariffs, Black Lives Matter, and China, and a promise on further updates on the Safe Restart Plan with the provinces to come later in the week, Trudeau turned to his mea culpa on the Imbroglio. “I made a mistake in not recusing myself from discussions, and I’m sincerely sorry about not having done that,” Trudeau said. He praised how the government got creative with designing programmes during the pandemic, and how they had worked with a range of partners to make it happen, but he was sorry that he didn’t remove himself from the discussions with WE, and that he was frustrated that youth would have to wait longer to do their party to serve because of the mistakes he made. (I would argue that WE’s plans raised a lot of red flags too, for what it’s worth). When asked if he would appear before committee to discuss what happened, Trudeau was non-committal, but in a hung parliament, he doesn’t have the votes to shield himself this time.

During the Q&A, he said that he pointed out to Trump about the disruptions to the aluminium supply chains and hoped that they wouldn’t see tariffs that would only slow down the economic recovery; he also mentioned that there were ongoing discussions around the border, but the rest of the time was spent reiterating, over and over, that he didn’t have the details on what his family members had been paid by WE and that he should have, and that he did seem to have some reflection that he needed to be careful on this file because of his past activity with the charity but that he didn’t go far enough and should have removed himself entirely from the conversation. Later in the day, Bill Morneau sent out his own apology for his own failure to recuse himself given his daughters’ activities with WE.

For what it’s worth, there seems to be some kind of learning curve because it only took the second try for Trudeau to give an apology rather than stick to talking points aimed at deflection until the conclusion of the Ethics Commissioner’s report, at which point there would be either an apology or admission of some kind of wrongdoing and a promise to do better next time. This time, we managed to skip weeks of such failed damage control, so that’s something, I guess.

Meanwhile, Susan Delacourt finds herself wanting when it comes to Trudeau’s explanation for how the whole thing went down, and hopes that he’s saving it for his discussion with the Ethics Commissioner. Matt Gurney gives credit where credit is due for Trudeau learning enough to make a rapid admission and apology rather than dragging things out for months. Paul Wells is unimpressed with the apology and wants a full accounting of what happened, particularly as it is increasingly evident that things were wrong with the WE contract outside of the apparent conflict of interest, and how those decisions were made need to be aired.

Good reads:

  • Ruh-roh! It looks like the federal government wasn’t enforcing the rules around temporary foreign workers, which allowed outbreaks to occur on farms.
  • Here is some number-crunching on the PM’s daily pressers in the first phase of the pandemic and lockdown, including on his choice of verbs and phrases.
  • The RCMP have charged a Quebec man with calling for Justin Trudeau’s death and the eradication of Muslims.
  • Former Liberal MPs who lost their seats in the last election are waiting to hear about nomination contests so they can be ready to run again.
  • Leona Alleslev has resigned as deputy leader of the Conservatives to more vocally back Peter MacKay, who says that no promises were made for her support.
  • Maclean’s has a profile of Conservative leadership candidate Leslyn Lewis.
  • Jason Kenney is accusing the federal government of preventing Apple from fixing the province’s contact tracing app, which requires iPhones to be unlocked to work.
  • Kady O’Malley’s Process Nerd column looks at the options for calling prime minister Trudeau to committee to testify on the WE Imbroglio.
  • Heather Scoffield is frustrated by the vague answers being given on the extension and amendments to the wage subsidy programme.
  • Colby Cosh recounts how Alberta has abolished its last vestiges of prohibition, by allowing liquor sales in Mormon-centric towns that were still “dry.”

Odds and ends:

For the CBA’s National Magazine, I wrote about Friday’s Supreme Court decision on genetic privacy, and what the broader implications of the ruling are.

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Roundup: The WE Imbroglio worsens

Because the Liberals’ capacity for self-harm wasn’t apparent enough already, it seems that they decided to find yet another rake to step on as the WE Imbroglio continues to unfold, and we learned that two of Bill Morneau’s children have done work for WE – one of them as a salaried employee, and no, Morneau also did not recuse himself from any Cabinet discussions or decisions when it came to awarding WE the student service grant contract. Because of course he didn’t.

Within the Liberal ranks, so far only Nathaniel Erskine-Smith – already considered a “maverick” – has come out to say that he’s not keen on what has transpired, which makes me wonder how many other Liberal MPs feel similarly but just aren’t saying out of a sense of loyalty or because they would rather close ranks at a time like this. Of course, if we had a properly functioning Westminster democracy in this country, the caucus could get together and say “You know what – the leader keeps hurting the party with these self-inflicted wounds, so maybe it’s time we find a new leader,” and within a few days, they could have voted out Trudeau and voted on a replacement from within the caucus ranks, and then it would be off to Rideau Hall to swear in a new prime minister, who hopefully wouldn’t be a prone to stepping on those rakes. But we don’t have a properly functioning system because the Liberals and the pundit class back in 1919 decided it was somehow “more democratic” to give the party membership the ability to decide on the leadership, and suddenly the accountability of that leader to his or her caucus was annihilated. Now we have leaders who have centralized all power and authority and who are accountable to no one, so that when they cause trouble for their parties, the caucus is now stuck. (It would also help in keeping the party from becoming a personality cult of the current leader because that leader is easily replaced, but again, that’s no where we’re at in this country, and we are paying the price for it.

As for the Conservatives, they decided that they needed to up the stakes and send a letter to the RCMP to demand a criminal investigation of this contract, under the flimsiest of pretences. It’s ludicrous, of course, but what it allows them to do is to insinuate that the RMCP are investigating when they likely aren’t because they’re not public about what they are and are not investigating, and they can spend the summer asking Trudeau “have the RCMP contacted you yet?” and posting those clips all over their social media channels. We’ve seen this particular play before, and it wasn’t great the first time, and this iteration won’t have improved either. I suspect there is also an element of “lock her up!” as part of their calculation for this, because they know that there is an element of their base that will respond to this bit of red meat, and they can’t help themselves, no matter how corrosive this is to our political discourse, or the long-term the damage that it causes.

Meanwhile, Susan Delacourt hears from Erskine-Smith and other unnamed Liberals who are balking at how closed-off to caucus Trudeau has been, and how that breeds these kinds of problems. Chris Selley marvels at Trudeau’s trilogy of scandals, and the ways in which they are continually minimized.

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Roundup: Armed intruder at Rideau Hall

The big excitement for the day was that there was an Incident at Rideau Hall first thing in the morning, as a Canadian Forces member, who was armed, crashed his truck through the gates of the compound and headed over to Rideau Hall on foot, where he was then apprehended by RCMP in what sounds like a two-hour “dialogue.” Apparently he wanted to “send a message” to the prime minister – who wasn’t at home at nearby Rideau Cottage at the time, nor was the Governor General in Rideau Hall (but if you recall, she has consistently refused to move into the residence there, preferring to stay at Rideau Gate). He was arrested without incident, and has apparently made online posts about a supposed COVID-19 conspiracy theory – and it comes just a day after anti-lockdown protests were happening on Parliament Hill, featuring a former has-been wannabe party leader who shall not be named, and some of the images seen on the Hill included those of Trudeau being hanged, while others touted these kinds of COVID conspiracies. So that’s fun.

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Meanwhile, over in Alberta, the rhetoric about the plan to hold a referendum on equalization rolls along, so here is political scientist Melanee Thomas to spill some tea about just exactly what they are talking about, and why the arguments aren’t as clever as they think they are.

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Roundup: More questions about the WE contract

It was another campaign stop – err, media availability field trip for prime minister Justin Trudeau, where he headed to a local brewery that has converted part of their production line to produce hand sanitizer to both highlight that the country is now nearly self-sufficient in the production of personal protective equipment, but also to once again highlight how great the wage subsidy is, and please, for the love of the gods, would employers take advantage of it (and get people off of CERB). He mentioned Thursday’s teleconference with the premiers and the $14 billion that the federal government has put on the table, but the fact that they haven’t apparently taken him up on it would seem to me that this is a bit of public diplomacy on Trudeau’s part to try to get the premiers to take it with the strings attached. From there, he said that the Canadian Forces personnel would start withdrawing from some of the long-term care facilities in Quebec where the Red Cross could step in, but also that the Forces were going to stabilize four more residences. And finally, he gave a shout out to Pride, which is no longer happening in Toronto this weekend because of the pandemic, but it is still nice to have a prime minister that acknowledges it.

During the Q&A, Trudeau said that changes to the wage subsidy were on the way so as not to be a disincentive for companies growing beyond the qualifying criteria – but we’ll see what “soon” means. He stated that they did have a plan in the works to help the Royal Canadian Legion branches that are in danger of closing because of the pandemic, and when asked about the anti-racism statement that all of the First Ministers put out earlier in the week, Trudeau said that they didn’t come to an agreement on systemic racism, but that reporters would have to ask the premiers which ones they were. (Spoiler: It’s Quebec). And then there were the questions about the service grant contract being given to WE Charities. Trudeau said that it was about creating opportunities, and that they needed to have a partner with established networks, and very clearly annunciated that it was the civil service that recommended WE as the only organization capable of delivering those networks on the scale being asked. He also said that while they were covering WE’s costs, the organization wouldn’t be profiting. It’s still pretty dubious, and here’s Alex Usher laying out some of the questions that remain outstanding on this whole affair.

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