Roundup: Testing names in the field

Over the weekend, I got a call from a public opinion research company who was doing a survey on the Conservative leadership race. While many of the questions were fairly loaded or leading when it came to things like carbon pricing, and there were a lot of questions relating to just how progressive one thinks a future Conservative leader should be, I was most fascinated by the testing about potential candidates. There was an open-ended opportunity to provide a name that one might think could entice voters to switch to the Conservative party, followed by a list of names where one was invited to rank how much it would make you switch your vote for the Conservatives. That list: Gerard Deltell, former Bank of Canada Governor Mark Carney, Doug Ford, Jason Kenney, Jean Charest, Peter MacKay, Rona Ambrose, Lisa Raitt, Pierre Poilievre, Erin O’Toole, and Christy Clark. The inclusion of Carney is a head-scratcher considering that there was a Big Deal a few years ago about his apparently sniffing around the Liberals about a possible future leadership bid, while the fact that Michael Chong was left out despite his previous leadership run and the fact that he has stated he is seriously considering another go of it. So anyway, make of the list what you will, but those are the names that someone is testing.

Meanwhile, the first “official” declared candidate is Bryan Brulotte, a one-time Progressive Conservative staffer and failed candidate, who is pitching a negative income tax and “luxury tax” in lieu of a carbon price. Pierre Poilievre is also planning to announce his candidacy today, with John Baird chairing his campaign – though one wonders if that will conflict with his post-mortem report on how the party botched the election.

On that note, here’s Jess Morgan’s argument why he would be the absolute worst thing, while Paul Wells sizes up what we know of the race to date, and what kinds of choices the party faces in the process.

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Roundup: Lethal overwatch?

There’s been some chatter about a story in the Guardian that purports to show BC RCMP communications that would have allowed for “snipers” and “sterilizing” of Indigenous protests in the province over LNG pipelines – which the minister of Indigenous services wants some answers to, and which the RCMP denies is actually legitimate, citing that the terminology used isn’t consistent with their own, or that some of it is being misinterpreted (in particular “lethal overwatch). To that end, here’s Justin Ling with a bit of context and nuance to consider before you get agitated at what’s being reported, as it may not necessarily be correct.

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Roundup: Performative or procedurally correct?

The NDP held their first post-election caucus meeting yesterday, saying goodbye to departing MPs and welcoming their rookies and returning MPs, and when they met the press afterward, Jagmeet Singh announced that he is going to press for pharmacare and for the government to abandon their application for judicial review the Human Rights Tribunal compensation for First Nations youth. But there are problems with both – on the former, he is proposing the party’s first private members’ bill be taken up with the matter, and on the latter, the substantive problems with the Tribunal likely exceeding its statutory authority to make that kind of compensation order is kind of a big deal and as a lawyer, you would think he might have an appreciation for bad jurisprudence while still pushing for the government to go ahead with the compensation that they said they would honour. But you know, performative outrage.

Which brings me back to the notion of pharmacare legislation. The whole promise is built on both bad practice and bad procedure. Remember that when it comes to private members’ bills, they are allocated by lottery, meaning that it’s random as to who gets what slot, and Singh is not proposing as leader to take away the slot of the first NDP MP whose name comes up so that he can dictate what bill will be presented. That’s not only heavy-handed, but it actively removes the independence of that MP (which the NDP is used to doing while pretending they don’t, but let’s call a spade a spade). So much for any of the issues that MP cares about – the leader demanded their spot. The second and more important aspect is that private members’ bills can’t initiate government spending, and pharmacare is provincial jurisdiction, meaning that it’s depending on negotiating with premiers. The bill, essentially, is out of order, unless it becomes an exercise in demanding a national strategy, which the NDP love to do, but one of their MPs went on TV last night to say that they intend to use it to lay out the framework they want to implement. I can pretty much guarantee you that it means the bill will be dead on arrival, and that the committee that decides on what private members’ business is voteable will decide that it’s not. (The sponsor who was forced to give up their spot for this bill will then demand that the Commons vote to override the committee, and when they don’t, the NDP will wail and gnash their teeth that the Liberals don’t care about Pharmacare, which is a script so predictable it might as well be a Hallmark Channel Christmas movie).

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What the NDP could do instead is use their first Supply Day to debate a motion on Pharmacare, which would then have a vote and let them scream and moan if the Liberals don’t adopt it for the reason that they’ve already committed to the implementation plan in the Hopkins report (which the NDP decry as not being fast enough), but at least that would be procedurally sound. But their apologists have been telling me on Twitter that all private members’ bills are theatre and only exist to make a point (untrue), or that they could simply get a minister to agree to it in order to spend the funds (never going to happen), but hey, it’s a minority parliament so the NDP can pretend to dictate terms as though they actually had bargaining given the seat maths. It’s too bad that they can’t be both performative and procedurally correct.

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Roundup: It’s TMX Day

Today is the day that the government will make their decision on the Trans Mountain Expansion, and it should not be a surprise to say that they are almost certainly going to approve it, having spent $4.5 billion on the existing pipeline to “de-risk” the project, and far more in political capital at the cost of some of their BC, Indigenous, and environmental base while trying to insist that this is necessary for the transition to a cleaner economy. Of course, if they could communicate their way out of a wet paper bag, it might help them to make that case, but they seem incapable of it. The real question is going to be what kinds of changes to the route will be made in order to accommodate Indigenous groups, or other conditions to be mandated as part of it.

There will be much talk about the “pipeline crunch” that the TMX will hope to address, which has to do with added oilsands production and not enough ways to get it to market, given ongoing delays on the American side of both Enbridge Line 3 and Keystone XL – projects which have been approved in Canada, and the Line 3 construction has been ongoing on the Canadian side. But as much as TMX will help, we also need to remember that the projected growth capacity is limited, which is another reason why Energy East doesn’t make economic sense. The concern that the sector needs all kinds of new pipelines isn’t actually borne out in the data (as Andrew Leach has pointed out repeatedly, including here).

On a related note, the government has rejected most of the Senate amendments to Bill C-48, on the tanker ban, but did agree to the five-year legislative review period, but as much as industry groups are demanding that this bill and Bill C-69 be killed, it’s not going to happen.

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Roundup: Harder tries to play hero again

After hosting most of the Alberta senators to a lunch in Edmonton, Alberta premier Jason Kenney has written a letter to Senator Peter Harder, Leader of the Government in the Senate – err, “government representative,” to say that he and the leaders of the other two main parties in Alberta are willing to accept Bill C-69 if they keep it as amended by the committee. Those amendments, mind you, were largely all written by industry lobbyists, and gut much of what the bill was trying to accomplish, which was an overhaul of the environmental assessment process, because what’s on the books now (which is the process that Harper gutted in 2012) isn’t working and is only resulting in court challenges.

And Harder? Well, after his whip – err, “government liaison,” Senator Grant Mitchell, has been pushing for the bills to pass largely unamended, Harder says that he now wants to send this bill as amended back to the Commons, as well as the recommendation that Bill C-48 (the tanker ban) – though I’m not sure how that would happen given the de facto committee recommendation is that it not proceed – and let them decide whether or not to keep the amendments. Let the government deal with it – or rather, wear the decision for not accepting the amendments so that Kenney will turn his ire to Trudeau, and not the Senate. Because Harder is such a hero like that (while making up parts of his job description that don’t actually exist).

Meanwhile, former Senator Hugh Segal is taking to the pages of the Globe and Mail to warn the Senate against defeating C-48 because he says it would contradict the Salisbury Convention. *sigh* No. The Salisbury Convention doesn’t exist in Canada, no matter how many times Harder of luminaries like Segal bring it up. It’s contrary to the Constitution, we don’t have the same historical reasons for why Salisbury was adopted in the House of Lords, and it also goes against the whole notion of a more “independent” Senate. Nor is C-48 an election promise so far as anyone can gather, which is a trigger for Salisbury – if it existed (which it doesn’t in Canada). There are plenty of reasons why the Senate shouldn’t defeat C-48, but making up that it’s contrary to Salisbury isn’t one of them.

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Roundup: No contrition

Despite the Liberals having floated that the notion that Justin Trudeau may be striking a more conciliatory tone over his handling of the Double-Hyphen Affair, when he called an early morning press conference before getting on a plane to Iqaluit (and having to turn back because of weather), Trudeau was decidedly not conciliatory. Or apologetic. But he did say that they were always learning lessons, and this too was one more of them. Of course, I’m not really sure how conciliatory he really could be – he has basically boxed himself into a corner where he can’t admit wrongdoing, because that would mean he undermined the rule of law, but he also has to look like he’s sensitive enough as to why Jody Wilson-Raybould resigned while still trying to brazen it out. It’s one hell of a juggling act, but nobody seems to be buying it. And so, while mouthing words about leadership styles and trying to put forward the notion that Wilson-Raybould didn’t come to him with her concerns where the door was open, one of his soon-to-be departing MPs, Celina Caesar-Chavannes tweeted that she tried to do so, twice, and was apparently rebuffed (and then refused all media entreaties to clarify). So there’s that.

In related content, some Indigenous and Métis leaders say that Wilson-Raybould could have effected real change had she taken over the Indigenous Services portfolio that she rebuffed. Here’s a list of outstanding questions we have after discrepancies between Wilson-Raybould’s testimony, and that of Gerald Butts and Michael Wernick. And since the opposition members of the justice committee have seen fit to recall the committee next week, they may have the opportunity to call past witnesses back…again. The National Postrounds-up the international and Quebec reactions to the ongoing story. And of course there are the premiers of Saskatchewan and Alberta (and Brad Wall) whinging that this shows special consideration for Quebec-based jobs, while conveniently ignoring that Trudeau bought a pipeline and has been shovelling federal dollars into the energy sector of late. Here’s a look at what a 10-year ban on federal contracts could mean for SCN-Lavalin, as they are now lobbying for leniency if they are convicted, and updates to the integrity framework could be flexible enough that they could avoid debarment.

In pundit reaction, Chris Selley is having none of Butts’ explanations for the Cabinet shuffle math. Jason Lietaer offers suggestions as to how Trudeau could have fixed the situation (but that would mean showing contrition, which is risky for him to do). John Geddes makes the point about how Trudeau promised not to centralise power in his office, but certainly appears to have anyway. Robert Hiltz has a hard time figuring out just what lessons Trudeau says he’s learned, given that he seems oblivious to it all.

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Roundup: Objections to the waiver

At first it seemed like today was going to be the big day. Jody Wilson-Raybould had agreed to meet the justice committee to tell “her truth.” On his way into Cabinet, Justin Trudeau said he was “pleased” that she would be able to appear at committee. The committee agreed to give her the thirty minutes she requested off the top instead of the usual five or ten for an opening statement. Some MPs wanted to try and get the hearing moved from after QP to beforehand (never mind that it’s when all of the parties hold their caucus meetings) in order to be able to ask the PM any questions that might arise from the testimony. And then, surprising probably nobody who paid attention, Wilson-Raybould sent another letter to committee, expressing her “concerns” that the Order in Council that waived solicitor-client privilege wasn’t enough for her to tell the full story.

At this point, it’s starting to feel like a game – that Wilson-Raybould’s attempt to keep controlling the narrative is running out of runway, given that Michael Wernick called her out and Justin Trudeau went and waived solicitor-client privilege (unnecessarily, if you listen to some of the legal commentary out there), and now she’s trying to sow doubt that she’s still not completely free to speak, in order to keep up the narrative that she’s the victim or the hero, distracting from her poor record as justice minister. And it’s starting to feel like the more song and dance that she keeps putting up in order to keep from speaking, the less there is to what she has to say. But maybe I’m getting cynical after a decade on the Hill.

Meanwhile, former litigator Andrew Roman takes a deeper look into the portents of doom for SNC-Lavalin if they were subject to prosecution and even a ten-year ban from federal contracts, and finds them to be less dire than advertised, which makes any alleged wrongdoing by the government to protect them all the more baffling.

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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: A (likely) electoral false alarm

There were a few eyebrows raised in the Parliamentary Precinct yesterday when news came from the Procedure and House Affairs committee that the Chief Electoral Officer said that they intend to be ready for an election by the end of April, never mind that the fixed election date is October, and suddenly there was a renewed (but brief) round of election speculation fever (which was then suffocated by the Kavanagh hearings south of the border). Stéphane Perrault noted that they can basically run an election anytime under the previous contest’s rules, but they need lead time for future changes, which puts a clock on the current bill at committee if they want to have a chance for any of the changes to be implemented by next year’s election – and that assumes fairly swift passage in the Senate, which they may not get (particularly if the Conservatives are determined to slow passage of the bill down in committee as it stands).

Of course, I’m pretty sure that a spring election is not going to happen, simply because Trudeau’s agenda still has too many boxes without checkmarks – which is also why I suspect that we haven’t had a prorogation. And looking at how Trudeau has organised his agenda, so much of it has been backloaded to the final year, with plenty of spillover for him to ask for re-election in order to keep it going. (Things are also delayed, one suspects, because NAFTA talks have derailed things in the PMO, and sucked up much of the talent and brainpower. Suffice to say, I’m not taking any talk about an early election with any seriousness.

Meanwhile, more eyebrows were raised when Conservative MP Michelle Rempel claimed that she was being told to prepare for a fall election, which we’re 99 percent sure is just a new fundraising ploy, for what that’s worth.

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Roundup: Her Excellency’s many issues

The floodgates have opened, and stories about the difficult first year that Her Excellency Julie Payette has been having as Governor General have been fast and furious. From concerns that she’s still living at Rideau Gate rather than Rideau Hall despite there being renovated living quarters now available, to concerns about her not telling her security detail where she’s at, the concerns on the ground that she’s breaking convention by not visiting every province in her first year, were all warm-ups for this wide-ranging piece in the National Post that compiles a lot of the things we’ve been hearing unofficially in Ottawa, about what a struggle the year has been. While some of it is growing pains, and some of it are potentially unfair comparisons to having previously appointed Governors General who were superhuman in their ability to take on a volume of work (and in the case of someone like Adrienne Clarkson, write all of her own speeches for 500+ engagements in a year), I was particularly disturbed by the fact that the Liberal Research Bureau was doing the background checks and vetting for the appointment when Trudeau should have kept the Vice-Regal Appointments Committee in operation (and the only reason anyone can think as to why he disbanded it was that it was Harper’s creation and it was simply an act of pettiness). The fact that they didn’t properly prepare her for the role is also a big red flag as to the seriousness with which they undertook the process and the decision. I hope that these are just growing pains and that they’ll sort themselves out, but given how badly this government has managed its appointment processes so far, it really leaves one questioning some of the competence of the senior ranks of this government.

If there’s a silver lining to all of this, I would say that I hope it means that it might encourage some of these charities and organisations that the GG used to be the patron of might look instead to members of the royal family. This could very well be a golden opportunity to start re-forging some links with our monarchy, and getting more royals on our shores to have a lot more face-time and remining both royals and Canadians that we have bonds that need to be strengthened, lest they atrophy. It’s also a particularly good time given the addition of Megan, Duchess of Sussex, to the family, and the fact that she spent that much time in Toronto gives her that connection already, and we should be capitalising on it (not to mention the fact that Camilla, Duchess of Cornwall, has Canadian ancestors including a pre-Confederation Prime Ministers, and we should be milking that connection for all it’s worth too).

Meanwhile, here’s a look at Payette finally getting to Humbolt, Saskatchewan, six months later, and the fact that she’s been reluctant to visit other sites of tragedies, like Fredericton after the recent shootings there.

Special note: If you’re concerned about the tornado that hit this area, they were to the west of Ottawa, and across the river in Gatineau, and nowhere near the Parliamentary precinct. I wasn’t affected, and my power didn’t go out (hence why you’re getting this morning’s roundup).

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