Roundup: Walking out on Wallonia

Talks to save the Canada-EU trade agreement broke down yesterday, and after more than two days of direct talks, trade minister Chrystia Freeland walked out of the meeting and basically declared that it was now impossible for the EU to come to an international trade deal. And really, this was about the Walloons in Belgium who weren’t letting this go through. Wallonia’s president tried to sound an optimistic tone, and said that “difficulties remain” around largely the investor-state dispute resolution mechanism and wanted Justin Trudeau to hold off on his planned trip to Europe next week to finalize the deal so that the Walloons could have more time.

While Freeland said she was ready to get back on a plane and go home to see her kids, it looks like the EU president managed to keep her around for more talks, which may have been the whole point of Freeland’s exit – so that the rest of the EU could pressure Wallonia to come to their senses. While Belgium’s ambassador to Canada also said that the deal wasn’t dead, we did see some of the usual suspects line up to applaud the potential demise of the agreement, like Elizabeth May, the NDP, and the Council of Canadians.

Throughout this, however, I will admit to more than a little distaste at the snide tone of the Conservatives throughout all of this. In QP yesterday, Candice Bergen laid this at the feet of Freeland personally and declared that she would have to “wear it.” Gerry Ritz said that Freeland should have “rolled up her sleeves” and stayed at the table (which she had already been doing), and Rona Ambrose demanded that Justin Trudeau get on a plane and smooth this over himself. And there is this overall tone that the deal had been “gift wrapped” for the Liberals (after Harper had already done two symbolic signings of the agreement before it had been ratified), which is specious and facile. The Liberals have countered that the deal was essentially dead before Freeland resurrected it, largely through reopening some of the negotiations and through declaratory statements to clarify the language in the provisions of the deal, so it’s not like they didn’t do nothing. Quite the opposite, in fact. And one fails to see how it’s Freeland’s fault when pretty much everyone agrees that this is now an internal EU matter that Canada really can’t do anything about. Then again, the Conservative message around other trade deals like softwood lumber are equally fantastical (how they could have forced the Americans to come to an agreement when they clearly aren’t interested is beyond me, and there was a lot of unhappiness with the deal they signed when they first got into office that gave the Americans a victory). Sure, they signed a bunch of deals with small countries with small economies. Sure, they got CETA and TPP off the ground, but they still protected a lot of industries that didn’t necessarily deserve it, nor did they seal those deals either. Trade is a difficult business, and I’m not sure they have the moral authority to be as frankly abusive as they have been on the file.

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Roundup: A new Supreme Court appointment

The government announced their new pick for the Supreme Court of Canada, and lo and behold, it’s Justice Malcolm Rowe of the Newfoundland & Labrador Court of Appeal. It’s a little unexpected considering what they were signalling in terms of looking for more diversity on the bench, but they managed to find a bilingual justice in Newfoundland & Labrador, and they get to pat themselves on the back for making the first appointment to the top court from that province, so they’ve made history! Also, they’ve respected the constitutional convention around the regional composition of the court, and for that, the Conservatives have declared victory – because it was totally their non-binding supply day motion that forced the government’s hand! (Also, appointment panel head Kim Campbell seemed pleased that this was the choice from the short list that they submitted).

So Atlantic Canada is happy, and the government is making a big deal out of its new process including transparency by publishing the application form that Rowe submitted with his answers to a number of questions around his thoughts on significant decisions that he has been a part of, and his thoughts on the role of the judiciary in the legal system, which is unprecedented. As well, next week both the justice minister and Campbell will face a parliamentary committee to explain their choice (thus preserving the committee role of holding cabinet to account), to be followed by a Q&A session with Rowe to be led by a law professor with both MPs and Senators asking the questions. So transparency without devolving into an American-style “confirmation” process. At this rate, Rowe should be on the top court by early November, which means he’ll have missed about half of the fall session of the court (which isn’t as bad as the vacancy issue caused by the Nadon appointment where the court sat 8 in a number of cases). Of course, Rowe’s answers are already provoking some criticism, though it’s not necessarily shared by all members of the legal community. (Incidentally, you can see Carissima Mathen’s Power Play interview on the appointment here).

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So what of the signals the government was sending that they wanted an Indigenous judge, preferably a woman? Well I do think reality did set in when they faced pressure from their Atlantic caucus and the premiers to ensure that the seat remained an Atlantic one. It may well have been them floating a trial balloon about abandoning the convention, but it may also have been a warning. There are two more seats opening up in the next few years (barring deaths or retirements), being Chief Justice Beverley McLachlin (a Western seat) and Justice Rosalie Abella (an Ontario seat), and in both of those cases, the government is saying to the legal community that there had damn well better be some more diverse, bilingual candidates ready to fill those seats when the time comes – something that was more difficult to find in Atlantic Canada owing to their demographics. We’ll see in the next few years, of course, but I think the warning has been delivered.

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Roundup: Debating useless rule changes

Yesterday was “debate the House rules” day in the Commons, and lo, there was some talk about eliminating Friday sittings again, which the opposition parties tend to be against, but fear the government will try to ram through anyway. And yes, we all know that Fridays are not like any other day, particularly because MPs need to get back to their ridings, but there are still debate hours that happen, and eliminating them means either making up for them elsewhere, or losing them altogether, after we’ve lost plenty of debate hours in the past number of years, all to be more “family friendly” with spring breaks and so on. Kady O’Malley followed the debate (I would have more if I didn’t have other deadlines to file), and some of the best and worst are below.

Eliminating whip/House leader-provided speaking lists absolutely needs to happen. It removes agency from MPs and is part of what has debased QP into this scripted farce and turned debate on legislation into nothing of the sort. If you take away the lists – and then ban the scripts – it will help to make the debate free-flowing once again rather than just exercises in reading speeches into the void.

Oh, the irony. The bitter, bitter irony.

I am dubious, as we would have people tabling all manner of nonsense to “prove” whatever they were saying in QP, almost all of it irrelevant. (Also, look up the story about the tabled hamburger from the Alberta legislature that they ended up preserving).

No. We do not need to privilege private members’ business any more than we already do. Most of it is out of hand, with useless and costly Criminal Code piecemeal amendments, more national strategies than you can shake a proverbial stick at, and even more bills to declare national days for every issue under the sun. The proliferation of PMBs is already out of hand, we don’t need to make it that much worse.

So…turning the summer break from three months to four? No. But do feel free to sit more days in January regardless.

Not unless we start insisting that supply days start being about actually debating supply once again.

Because Parliament is just a debating chamber for hobbyhorses? Because there isn’t actual work that needs to get done?

Not unless parties start agreeing that second reading debates be severely curtailed, and that debate on government bills can collapse relatively quickly. But seriously, committee work already happens while debates are going on in the Chamber so I don’t see the point of this. At all.

Amen.

Seriously. I can’t believe that this actually needs to be pointed out.

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QP: Taking the provinces’ phone calls

While Justin Trudeau was not only present, having already participated in the debate of the day (a rarity for any PM these days), his leaders opposite were not. Rona Ambrose was off to the UK Conservative caucus in Birmingham, while Thomas Mulcair was elsewhere. Denis Lebel led off for the Conservatives, demanding a signed softwood lumber agreement before it was too late. Trudeau responded by reminding him that the previous government neglected the file while his government has been hard at work in negotiations. Lebel moved onto the healthcare transfers file, demanding the government respect provincial jurisdiction, but Trudeau shook it off, ensuring that they were working together. Lebel insisted that there was peace with the provinces when the Conservatives were in charge and why wouldn’t the federal government just let them be rather than meddle? Trudeau insisted that the provinces were much happier now that the federal government answered their phone calls. Ed Fast got up next to decry the “carbon tax grab” being shoved “down the throats” of Canadians. Trudeau hit back that the previous government ignored the file and made no progress, while his government was. Fast tried again, decrying it as an intrusion on provincial jurisdiction, but Trudeau reminded him that they were indeed respecting said jurisdiction. Robert Aubin led off for the NDP, lamenting the “Harper targets” for GHGs, and Trudeau noted that they had just tabled their plan, and soon all Canadians — not just 80 percent — would be in a carbon priced jurisdiction. Aubin went again another round, got the same answer, and Linda Duncan took over in English, decrying that the announced starting carbon price was too low to be effective. Trudeau noted they were simultaneously developing a strong economy while being environmentally sustainable. Duncan worried the government was abandoning the clean energy future, but Trudeau reiterated his answer a little more forcefully.

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Roundup: Poisoning the expenses well

With the story out yesterday morning about Rona Ambrose’s expenses claimed while staying in Stornoway, I think we’re starting to approach peak ridiculousness with the growing war over expenses, and accusations of poor judgment across the board. That the Conservatives have spent the past two days pushing a non-story about Dominic LeBlanc giving a speech at an event sponsored by a law firm with Irving connections, claiming poor judgment and a conflict of interest where clearly none actually exists (it’s not a fundraiser, no decisions are being made, it’s a speech, FFS), it’s desperation and grasping at straws.

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The bigger problem, however, is the corrosive effect this continues to have, fuelling not only the cheap, petty outrage that voters are being encouraged to feel anytime government spends money, but it is starting to burn the very real bridges for why we have expense regimes in the first place.

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Like Rob Silver above, Wherry may be exhibiting his trademark sarcasm, he’s got a point – we are rapidly approaching the point where We The Media have stoked such public opposition to legitimate expense claims by clutching our pearls at seemingly large numbers presented without context while crying “Judgment!” and “Taxpayers’ money!” that people are developing the wrong impression. We had NDP MPs last parliament declaring that if we’re to have senators, then they should all work as volunteers, and lately I’ve had jackasses barking at me on the Twitter Machine saying that senior political staff should also be volunteers. We’re half-a-step away from people demanding it of MPs.

Which gets back to the whole point of expense regimes in the first place – so that it acts as an equaliser, so that you don’t have to be inordinately wealthy in the first place in order to participate in political life, be it as an MP or senator (or senior political staffer, apparently). Do we really think it’s for the best that we return to an era where only the wealthy can afford to participate in political life and let them dictate policy for us? Or where a lack of an expense regime would encourage actual graft (as opposed to this nonsense we’re currently getting the vapours over with moving expenses and whatnot) from politicians to help make themselves financially whole from the expense of doing their jobs? Seriously, we need to grow up and stop poisoning the well because we don’t want to go where this road leads. Only certain doom lies that way.

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Roundup: Non-binding unanimous support

Supply day motions – also known as opposition day motions – can be tricky business, and unless the opposition party that moves it isn’t careful, they can wind up giving the government a free pass on supporting said motions without fear of consequence. Never mind that the point of supply day motions is to debate why the government should be denied supply (and hence confidence), these have largely turned into take-note debates on topics of the opposition’s choosing. These free pass motions happened with surprising regularity in the previous parliament, with the NDP frequently offering up mom-and-apple-pie motions that the Conservatives would obviously support the intent of, despite never having the intention to follow through with substantive action on, because hey, the motions are non-binding, and why not look like they support the idea of the motion? And lo and behold, the Conservatives offered up just such a motion around the Supreme Court of Canada, imploring the government to “respect the custom of regional representation” when making appointments to that court, “in particular, when replacing the retiring Justice Thomas Cromwell, who is Atlantic Canada’s representative on the Supreme Court.” While I will quibble with their use of “custom” as opposed to “constitutional convention” (which it really is at this point), this was one of those motions worded just loosely enough that the government could vote for it (and it did pass unanimously, as these kinds of motions often do), and should they go ahead and appoint a non-Atlantic justice to the court, they have room enough to turn around and give some kind of a nonsense excuse like “Oh, we felt that such-and-such diversity requirement was more needed at this point,” or “we felt that the Atlantic nominees were insufficiently bilingual,” or what have you. Or, as the talking points have been turning to, they will point to the number of Atlantic nominees on the short-list and said that they got equal opportunity and were not prejudiced against or some such, and make the merit argument. Suffice to say, there is more than enough wiggle room, and for a party that was so recently in government, the Conservative should have known better than to word a motion in a way that the government can support and later wiggle out of. This having been said, the government has been under enormous political pressure from the premiers regarding this Atlantic seat, so it is not inconceivable that this as a step in walking back from having the nominations being too open, but that remains to be seen.

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QP: The Giorno angle

With all of the leaders in the Commons today, the hope was that the show would be a little less awful than it was yesterday. On the whole, it was. Rona Ambrose led off, mini-lectern on desk, reading a plea that the government approve the Pacific Northwest LNG project, and Justin Trudeau dissembles about the choice between the environment and the economy. Ambrose lamented that too many pipeline projects were languishing and getting people back to work. Trudeau reminded her that their pipeline plans didn’t work because they didn’t get community buy-in, added that the Conservative voted against middle-class tax cuts. Ambrose changed topics, concerned about discussions with China that included cyber-security regardless of how many times Chinese hackers attacked Canadian targets. Trudeau stated that previous discussions were always ad hoc, while these new high-level discussions provided a more permanent framework. Ambrose expressed confusion about any extradition talks with China, and Trudeau returned to the same response about high-level dialogue. Ambrose asked again in French, and got the same answer. Thomas Mulcair was up next, asking if the Great Bear rainforest was no place for a crude oil pipeline, but wondered if it would also be one for natural gas. Trudeau didn’t give a clear response, mentioning analyzing various projects. Mulcair then lamented the adoption of Harper-era healthcare “cuts” (note: it’s not a cut, because the funds are still increasing), but Trudeau shrugged it off with talk of consultation with the provinces. Mulcair went another round in French, got the same answer, and then Mulcair moved onto labour rights and demanded that the government support their anti-scab bill. Trudeau spoke about the need for a better collaborative approach.

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Roundup: Nuance versus brand damage

As the Conservatives head to Halifax for their caucus retreat, the Kellie Leitch/Canadian Values question is threatening to expose some of the caucus rifts – particularly as Leitch feels a bit put out that Rona Ambrose decided to distance herself and the party from Leitch’s proposal, and Leitch has been musing openly about filing a formal complaint with the party that Ambrose has essentially involved herself in the leadership campaign in this way. There are a couple of things that I would note from all of this – one is that we place way too much emphasis on caucus solidarity on all things in this country, and blow any disagreement between party members out of all sense of proportion, usually with some variation of “Is [insert party leader here] losing control of their caucus?!” It’s hyperbolic and it’s nonsense, and it enforces the perceived need for everyone to always be in lock-step, which is terrible for democracy. The other thing I would note is that this is that Ambrose was scrambling to prevent damaging the Conservative brand, and Leitch’s inability to grasp nuance is apparently also a sign that she isn’t able to grasp the magnitude of this floodgate that she’s opened. The fact that she keeps insisting that this isn’t what it clearly is – directed toward certain Muslim communities (remember kids, a dog-whistle is a coded message, while this one is right out there in the open) – while saying that it’s about trying to find a “unified Canadian identity” and not about identity politics (no seriously, she said this – you can check the video), continues to highlight that she is completely and utterly tone deaf. Ambrose is being left to pick up the pieces of Leitch crashing around like the proverbial bull in the china shop, because Leitch is too tone deaf to see what she’s doing to the party brand. So sure, there are rifts in the caucus being formed as a result. While we shouldn’t try to pretend that parties need to be uniform in all things, Leitch should also realise that some rifts are bad for the brand you’re trying to build and probably shouldn’t be papered over.

And while we’re on the subject of Leitch, John McCallum calls her anti-Canadian values screening proposal “Orwellian.”

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Roundup: Leitch the desperate, hollow shell

Apparently we’re still talking about Kellie Leitch and her “anti-Canadian values” screening, because why not? The Canadian Press kicked off the day by putting Leitch’s assertion that it would be akin to “asking some simple questions” to their Baloney Metre™, and lo and behold, the experts they spoke to pretty much laughed it out of the room, earning Leitch’s supposition a rare “full of baloney” rating. It seems that “a few simple questions” just teaches people how to lie to give the “right” answers, and that proper interviews with people trained to know whether people are lying is so prohibitively expensive that it’s never going to happen. So there’s that. Much later in the day, Jason Kenney decided to weigh in from Alberta, and pretty much eviscerated Leitch by saying that this position is a new one for her that she never articulated before in cabinet or caucus, and that she doesn’t understand the nuance around the issue. But then again, we’ve pretty much established that Leitch lacks any real semblance of emotional quotient or self-awareness, so her inability to grasp nuance should not be a surprise to anyone.

Meanwhile, Peter Loewen reminds us that we’re not as perfectly tolerant as we like to believe, and he has the data to prove it, which is why Leitch’s message will find a home in places. Scott Reid looks over the record of Leitch’s campaign manager, who helped Rob Ford get elected, and notes that by this point, Leitch is less of a candidate than a strategy in human form (which is kind of what Jason Kenney is hinting at when noting that this position is all new for Leitch). Paul Wells notes the low ceiling for the kind of rhetoric that Leitch is now taking on, and while he sees the strategic value in such a position, he also offers some ideas for better choices than Leitch. Tabatha Southey offers her particular acid take on the Leitch situation, and her insistence on digging so much that she is in danger of becoming a mole person. And of course, there’s the At Issue panel looking at Leitch as well.

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Roundup: Stop demanding deployment votes

While Harjit Sajjan is off in London at a meeting of defence ministers, his critics are back in Ottawa grousing about the shift of focus from peacemaking to peacekeeping – never mind that Sajjan has already said that any upcoming mission is unlikely to be “peacekeeping” in the traditional sense as opposed to what he’s terming “peace operations.” That aside, the other emerging bit of drama is the fact that Sajjan is indicating that the government is unlikely to put such a deployment to a vote in the House of Commons – which is of course the way that things should work, but the Conservatives under Stephen Harper started saying they were going to hold votes starting with the Afghanistan mission extension under the guise of being “more democratic” when their whole point was to publicly divide the Liberals, and hey, that happened. (Remember when Harper crossed the floor to shake Michael Ignatieff’s hand after that vote? Because that wasn’t about trying to put a skewer in the brewing leadership contest, no sir). But beyond the reasons why the practice started, it’s antithetical to the whole point of parliament, which is to hold the government to account. When you put decisions like this to a vote – even if it’s non-binding and worded as “supporting a decision,” it gives the illusion that you’re giving parliament a role in the decision, when that’s not their job. When they are implicated in the decision making, they are not able to effectively hold the government to account because they can turn around and say “the House voted on this,” and shrug it off – and yes, the Conservatives did this on a number of occasions as well. So yes, have debates. Have committees scrutinize the missions as they happen, but don’t insist on votes, even if it’s for symbolic reasons, because that poisons the well.

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On a related note, at the meeting of defence ministers, some of the shortages facing peacekeeping operations in Africa were noted, and one of them is the need for more female peacekeepers on the ground.

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