Roundup: A question of political accountability

An issue that I am getting tired of writing commenting on over, and over again, is this story about the supposed political vetting of judicial candidates. The reporters on the story fail to mention the crucial constitutional details underpinning the story, Erin O’Toole lies about what the justice minister has said in response to the constant allegations, and now the president of the Canadian Bar Association is writing to the government to express his concerns that this whole thing threatens public faith in the judiciary. And here I go again.

For the eleventieth time, let me reiterate that the prime minister is politically accountable for judicial appointments under our system of Responsible Government. That means that if another bad one gets through the selection process, he has to wear it politically if things come to light – kind of like what happened around now-former Justice Robin Camp (who you may remembered wondered why a sexual assault complainant didn’t keep her knees together). This is one of the reasons why once the candidates have made it through the initial non-partisan vetting process, that they are subjected to a political screen – to ensure that nobody is aware of any particular skeletons in these potential judges’ pasts that could come around to bite them in the future. Some of the confusion here is because one of the ways in which the government has been doing this vetting has been through their voter identification database, which has been interpreted as seeing if they are donors or had lawn signs – which is a false reading of what these databases do, which is to build voter profiles, and they consume vast amounts of data to do so (which is also why there are concerns that they are not subject to federal privacy laws). But this is being deliberately framed as looking for partisan manipulation. (This is not to suggest the motives of these reporters is partisan – only that they are looking to embarrass the government, and it wouldn’t matter which party is in charge).

I am more concerned by the fact that someone is leaking to the press, and the French press especially seems to be targeted about revelations concerning a particular staffer, which suggests to me some internecine fighting within the Liberal ranks that they are willing to do damage to themselves in order to hurt this staffer in particular. But why worry about motive or the fact that you are being played when you have a potentially embarrassing headline?

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Roundup: O’Toole’s conversion to the labour movement

Conservative leader Erin O’Toole addressed the Canadian Club of Toronto yesterday, and the more I read of his speech, the more curious I become of just what it is he’s trying to say. For example, he spent part of the speech bemoaning the collapse of private sector union membership in the country, talking about how it was part of the balance between what was good for the economy and what was good for workers. That’s surprising considering that when he was in Cabinet, O’Toole supported anti-union legislation that the party put forward (under the guise of private members’ bills, naturally), and the party was having a field day before the last election trying to accuse the government of stacking their media bailout fund by allowing Unifor – the country’s largest private sector union – to have a seat at the table (given that Unifor also represents a lot of journalists). I’m sure the labour movement in this country has whiplash from this sudden reversal – though I would note that in his mouthing about the importance of unions the past couple of months, he is careful to distinguish between private and public sector unions, the latter he still continues to be evil. (And before anyone says those two anti-union bills were “about transparency,” you all know that’s a lie and can stop insulting our intelligence).

O’Toole argued that we have somehow completely de-industrialized as a country, which is news to the rest of us, and then went on an extended tirade about China, because he’s trying to frame this as a national security argument and not just populism hollowing out his party’s political ideology. He claimed that the Liberals were using the pandemic to launch a “risky experiment with our economy” around green energy, which is…not really true, and ignores how markets have moved to green tech with better economic outcomes for doing so. He also continued his protectionist bent, and made a few deeply curious statements like “Free markets alone won’t solve all our problems” (erm, his party is the one that rails about the evils of socialism, no? Is he proposing nationalizing industries? Or does he simply mean global trade when he talks about “free markets”?), and adding that that GDP growth is not the “be-all and end-all of politics” – which is odd because nobody has actually suggested that it is (but his predecessor was fond of attacking straw men as well). I’m also a bit puzzled by what exactly he’s getting at when he says “We need policies to shore up the core units of society — family, neighbourhood, nation. We need policies that build solidarity, not just wealth.” Some of this is thinly-veiled Thatcherism, but where it’s building in terms of his populist rhetoric I am a bit troubled.

And make no mistake – this is full-throated populism, particularly when he starts railing about political and business elites selling out the country (with mention about political correctness in there) – which he’s oddly making to an audience that is thought of as Canada’s business elites. But it’s also deeply hypocritical because of just who O’Toole is. He is the son of a GM executive (which he tries to obscure when he says his father “worked for GM” as though he were blue-collar), who went on to be an MPP. In fact, earlier in the week, O’Toole was tweeting about how he built himself up to leadership, conveniently omitting the huge leg-up he was given along the way. It’s like the “self-made” tech millionaires who got their start with loans from their millionaire fathers, and getting those fathers to buy their tech at their companies. More to the point, after O’Toole left the military, he was a Bay Street corporate lawyer, which is not exactly the image of the middle-class guy he’s painting himself as. When he rails about “elites,” he needs to look in the mirror because that’s exactly what he is. Of course, we’ve seen this story so many times in populist politics, where rich white guys turn themselves into the heroes for the “oppressed underclass” (of mostly straight white guys) who somehow believe that said rich white guy is a “man of the people.” And no doubt O’Toole is hoping he’ll dine out on this as well, but make no mistake, this speech was hypocrisy of the highest order.

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QP: A minister for divination?

Justin Trudeau was in town and on another “virtual” tour while his deputy was in the Commons in his stead. Erin O’Toole led off with his script on a mini-lectern, and he tried to tease out a contradiction in the status of the pandemic early warning system, to which Chrystia Freeland slowly and calmly stated that it was the time to focus on the second wave, but post-mortems should come later as one should not change the plane’s engine after taking off. O’Toole was not mollified, and tried again, but Freeland was not dissuaded in her calm dismissal. O’Toole tried to delve into news reporting about Freeland disagreeing on closing borders earlier in the pandemic, and Freeland calmly walked through the history of the Canada-US border closure. O’Toole switched to French to decry the terrorist attack in France earlier this morning and accused the prime minister of not taking it seriously, to which Freeland corrected him and said that all Canadians are horrified by the attack and they show solidarity with France. O’Toole wondered what happened to the promised de-radicalisation centres, to which Freeland calmly stated that they never failed to step up and show leadership, and that Canada stands with France. Stéphane Bergeron led for the Bloc, even though Yves-François Blanchet was present, and he demanded an official apology for the October Crisis, to which Freeland reminded him of the period in question and of the family of the Quebec politician who was killed by extremists. Andréanne Larouche tried again, and Freeland gave a paean to democracy and the space for disagreements. Jagmeet Singh was up next for the NDP, and in French, he decried the situation in long-term care facilities but wondered where the national standards were, and Freeland slowly explained that they need to work with provinces and territories as the second wave has hit. Singh switched to English to decry that the worst problems were in for-profit homes, and made an allusion to the falsehood that the federal government owns some of these facilities. Freeland agreed that they can’t turn a blind eye to the conditions in long-term care facilities, and that the country needs to do better.

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QP: A flaming clown show where seriousness goes to die

It being Wednesday, the prime minister was not only present, but ready to respond to all of the questions of the day — though the utility of those responses was the question. Erin O’Toole led off, scripts on mini-lectern, and he started in on the Baylis Medical story, asking the prime minister to ask Frank Baylis to change the name from the “Baylis Ventilator.” Justin Trudeau reminded him that people of all partisan stripes, including well known conservatives like a Rick Jamison also stepped up to partner with Baylis. In French, O’Toole tried to insist that the Baylis contract was padded, but Trudeau reiterated the response. O’Toole then lied about the story on judicial appointments, to which Trudeau insisted that they were chosen based on merit and diversity — including political diversity. O’Toole switched to English attempt being clever about judicial appointments, and Trudeau protested that it wasn’t true. O’Toole then demanded to know why Canadians would be at the “back of the line” on vaccine roll-outs, and again Trudeau stated that it simply wasn’t true, and listed their early actions on the pandemic. Yves-François Blanchet was up next, and demanded an official apology for the October Crisis in 1970, to which Trudeau reminded him of the Quebec politician who was assassinated by a terrorist cell. Blanchet insisted that raids were like those in the Soviet Union, but Trudeau reminded him that the premier of Quebec and the leader of the opposition in 1970 called on Ottawa go send in the troops. Jagmeet Singh was up next, and in French, stated that Stephen Harper cut healthcare funds which is why long-term care facilities were under-resourced — which is utterly false. Trudeau stated that the federal government worked with the provinces to help with their facilities when asked. Singh then blamed the government for deaths in care homes that he claims they own — another falsehood — and Trudeau gave a paean about propel deserving care in dignity.

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Roundup: Flirting with unconstitutional legislation

The bill to mandate sexual assault training for judges was a bad idea from the start, when Rona Ambrose first tabled it years ago, and the current iteration that this government is putting forward is little better, especially now that MPs have decided they need to start amending it to add other things. While Ambrose’s initial bill was blatantly unconstitutional (that the Commons passed on a whim because of the political syllogism: Something needs to be done, this is something, therefore we must do this), and needed to be gutted in the Senate to make it acceptable, the current version was more or less acceptable (barring one or two possible issues), but it seems that MPs want to make it blatantly unconstitutional again.

Former Supreme Court of Canada executive legal officer Gib van Ert warned back in February that this bill would be an invitation to demand that judges take training in other areas than just sexual assault, and lo and behold, we are there, with demands for the “social context of systemic racism.”

https://twitter.com/btaplatt/status/1321246603781570560

van Ert makes the point that if judges need to be seen as independent, then bills like this, where politicians appear to be giving them marching orders, is a bad look and will undermine the justice system. But since when to populist impulses consider the consequences of their actions? They don’t.

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QP: The Bloc let their motives be known

While he had initially stated that he would not be in QP today, things changed and prime minister Justin Trudeau did show up after all. Erin O’Toole led off in French with a script in front of him, accusing the prime minister letting the pandemic alert system get sidelined because he preferred Chinese data, to which Trudeau disputed it, saying that the funding was stable and they we investigating to know what happened with the system. O’Toole doubled down and accused the prime minister of ideologically preferring information out of China, and Trudeau disputed this more vigorously. O’Toole switched to English to accuse the government of ignoring warnings about Huawei, to which Trudeau insisted that they were aware of the reports and were working to keep Canadians safe. O’Toole tried again, for which Trudeau reiterated his response. O’Toole then moved onto a potential refinery closure in Newfoundland, accusing the government of doing nothing about it, to which Trudeau declared that they were engaged and listed consultations they have undertaken. Alain Therrien led off for the Bloc, and he returned to the accusations of the government consorting with an alleged Chinese gangster, to which Trudeau offered a curt no in response. Therrien listed more apparent meetings that the government had with this alleged gangster, and Trudeau reminded him that the Liberals’ fundraising activities were the most transparent of any party. Jagmeet Singh was up to lead for the NDP, and in French, he demanded a tax on “excessive profits” companies made in the pandemic, to which Trudeau recited his worn talking point that they raised the taxes on the one percent when they formed government and the NDP voted against it. Singh changed to English to name poor workers to put faces on the same question, and Trudeau responded that they recognised front-line workers and that was why they stepped up to supports for businesses, before repeating his line about raising taxes.

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QP: Energy workers and omitted automation

The prime minister was away, having attended the state funereal of Rt.Hon. John Turner, but his deputy was again present, which was worth something. Erin O’Toole led off, with his script on the mini-lectern in front of him, and in French he accused government of dragging their feet on the procurement of ventilators, citing one contract in particular.  Chrystia Freeland assured him they were taking the pandemic seriously, and thanked industrial partners for stepping up. O’Toole tried again, and this time Freeland stated that his assertion wasn’t true, that they had sourced enough ventilators across the country, and were still procuring necessary equipment and medication. O’Toole switched to English to reiterate the question with added bombast, to which Freeland calmly assured him that they were confident they have the ventilators they need, and they have acquired so much PPE that they are acquiring additional warehouse space. O’Toole then switched to the topic of a possible refinery closure in Newfoundland, to which Freeland too exception to his characterisation, and reminded him that they just transferred millions of dollars to the government of Newfoundland and Labrador for the benefit of energy workers. O’Toole then raised Suncor job losses — studiously omitting that those losses were as a result of increased automation— and Freeland disabused him of the notion that the government doesn’t care about Albertans and listed the benefits delivered to the province. Alain Therrien led off for the Bloc, and he made the usual demand for increased health transfers, to which Freeland reminded him of the increased supports they have already provided. Luc Thériault repeated the plea, and Freeland repeated that they have given the provinces additional funds. Jagmeet Singh was up next for the NDP, and in French, he complained that some people made profits off the pandemic and they needed to be taxed, to which Freeland listed that they were working to combat tax evasion. Singh switched to English to complain that private clinics were giving COVID tests for a fee, and Freeland agreed that everyone should be treated the same, and that Health Canada just approved an antigen test.

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QP: Calling out the ramming through of bills

Things were late in getting started thanks to a lengthy “hybrid” vote, and they skipped members’ statements in order to make up time (though Peter Julian made a valiant attempt to go through with them anyway). Candice Bergen once again led off, and she lamented that the government was “disinterested” in helping small businesses. Justin Trudeau listed assistance programmes that they had to help them, and did note that the commercial rent subsidy was not federal jurisdiction so it wasn’t working as well as they had hoped. Bergen then (correctly) railed that the government was ramming through emergency legislation without adequate consultation, to which Trudeau praised the collaboration between parties to get things right, before accusing the Conservatives of playing politics. Bergen lamented the government hiding from their scandals, to which Trudeau lashed out that the Conservatives wanted to deal with WE Charity while they government was dealing with the second wave. Gérard Deltell was up next, to quote a tweet from Andrew Leslie about the government limiting debate when it didn’t happen during the two world wars. Trudeau offered some bland reassurances about working together. Deltell lamented that debate was being limited again for C-4, for which Trudeau repeated the line about working together instead of playing petty politics, and gave a shoutout to Canadians to avoid the COVID Alert app. Alain Therrien was up for the Bloc, and he lamented that Quebec City and Montreal were back in the the “red zone” before he demanded higher health transfers, to which Trudeau pointed out that they did increase transfers and just sent them $19 billion in the Safe Restart Agreement. Therrien got shouty in his demand for transfers, and Trudeau reiterated that they did transfer billions already. Jagmeet Singh was up next, and in French, he lamented that the deficit was so high because he was afraid the government would lead to cuts, before demanding a wealth tax. Trudeau reminded him that the first thing that his government did was raise taxes on the top one percent, and that the NDP voted against it. Singh repeated the question in English, and Trudeau repeated his answer in English.

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Roundup: A continued abuse of process

The myriad ways in which this government continues to abuse process for the sake of expediency in the face of the current pandemic never ceases to amaze. After the unnecessary five-week prorogation during which things could have been accomplished, the government needed to act with alacrity to get the CERB replacements out the door, and this meant very little time for a proper legislative process – and that should have been a red flag right there. They introduced their bill, and then set about ensuring additional negotiations with the NDP that required amendments to said bill. But rather than go through a proper amendment process, the government simply tabled a new, tweaked version of the same bill, and then pushed through a motion to see it fast-tracked through the Commons with a mere four-and-a-half hours of debate and no committee process, so that it can pass in a single day – today – and head to the Senate tomorrow for rapid passage and royal assent.

This is not normal. This is not good. The Conservatives even put forward a motion last week that would see the Commons meet on Sunday so that they could do Committee of the Whole and maybe even have a proper amendment process as part of that, but the Bloc denied consent. Rather than negotiate and try again, they went with this route instead, which is a problem. This kind of nonsense may have made a limited amount of sense for the emergency legislation that passed through the early part of the pandemic when Parliament was ostensibly suspended, but it’s not suspended any longer. And the opposition parties have largely stated that they don’t want to be seen as impediment to getting people their needed benefits, so it’s not like a proper process would drag on forever – maybe an extra day to do things properly. But no.

My patience for this state of affairs is pretty much exhausted. There is no reason why we shouldn’t be running proper legislative processes, and why Parliament can’t bubble and operate in a largely normal capacity like they should be. These shenanigans are weakening Parliament, and it’s not a good look.

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QP: Back in action, but feeling hollow

The first QP of the new session is now officially a hybrid one, with a smaller number of MPs in the Chamber while the rest were on Zoom — a parliamentary abomination. Candice Bergen led off, and she demanded rapid testing options, to which Justin Trudeau took up a script to list what the federal government has done to support testing and procurement. Bergen accused a Trudeau of lacking any plans in his Throne Speech and called the last five weeks a waste of time. Trudeau asserted that the pandemic was the greatest challenge in a generation and it exposed problems in our society that they need to address. Bergen listed there people she claimed the Speech “left behind,” and Trudeau listed the measures that are helping Canadians. Gérard Deltell repeated the Québec premier’s claim that the Speech interfered in provincial jurisdiction, to which Trudeau reminded him that the premier didn’t mind when the federal government deployed the army to help Québec’s long-term care facilities. Deltell tried again, and Trudeau reminded him that they need to work together during the crisis to restart the economy. Alain Therrien was up for the NDP to carry on the accusation of interference and to demand more health transfers, to which Trudeau reminded him that they already increased transfers and more billions went out for the Safe Restart Agreement. Therrien tried again, and got the same answer. Jagmeet Singh was up next for the NDP, and in French demanded a plan for the second wave, to which Trudeau stated that they were working with the provinces to accelerate the testing process, and that they were helping seniors, families, students, and small businesses. Singh repeated his question in English, and Trudeau repeated his answer in English.

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