Tag Archives: Trade

Roundup: A “grand coalition” is a terrible idea

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Over in New Brunswick, where there has been no movement on whether or not there will be a new government, we are being treated to such views as the suggestion that there should be a “grand coalition” between the Liberals and Progressive Conservatives in the province to…rise above partisan interests? Erm, well, leaving aside the fact that there is a lot of bad blood between the leaders and it’s never going to happen, I find the suggestion in and of itself utterly offensive. Why? Because our system depends on there being an opposition to hold the government to account. That’s the whole point of parliament after all – to hold government to account, and while backbenchers are supposed to play that role as well as the opposition, in practice it often doesn’t work that well because the incentives are rarely there when there are Cabinet posts to distribute and the fact that we’ve bastardized our leadership system so as to neuter caucus’ ability to hold their leaders to account. Such a “grand coalition” would mean that the province has an opposition comprised of two three-member parties, which would have to fight over who gets to be the Official Opposition, and would have a hard time doing the job of holding a massive coalition government to account.

Now, I will add that New Brunswick and its peculiar political culture once returned a legislature that was 100 percent Liberal and had zero opposition members, and they managed to make it work. Sort of. But it’s not a situation that anyone should want to repeat, because it’s a Very Bad Thing for democracy and the practice of Responsible Government. Opposition plays an important role, and I know that people don’t like it because the adversarial nature can become both theatrical (witness Question Period), but if members don’t take that theatricality to heart, it can become embittering – especially if there are few avenues for cross-partisan bonding. I don’t know enough about how that part of the political culture works in New Brunswick, but the diminishing avenues for such bonding in Ottawa has created a less collegial parliament than it used to be in years past, and that’s a problem.

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Meanwhile, the lieutenant governor is straying dangerously out of her lane in issuing statements warning the parties to come to a solution because she doesn’t think the province wants a new election, and that means also finding a Speaker. This shouldn’t be public, and I get that some people want transparency, but she shouldn’t be doing this – especially because it gives people the idea that she can boss around the premier, which she can’t actually do unless we want to undo 170 years of Responsible Government in this country. It’s especially bad if the parties are trying to play the LG and trying to force her hand in some way – which is the kind of gutless manoeuvre that we should expect from Canadian politicians who don’t like to be seen to be making unpopular decisions and will try to foist the blame onto someone else. This whole situation is distasteful, and everyone needs to grow up and behave like adults.

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QP: No answers about “Jihadi Jack”

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With Justin Trudeau back in town, all of the leaders were present for QP, and most of the benches were pretty full. Andrew Scheer led off, concerned that “Jihadi Jack” was approached by Canadian officials to patriate him here. Trudeau took up a script to read that they they took terrorism seriously, and were collecting evidence to bring people to justice. Scheer asked again, more slowly, and Trudeau read the another script about travelling abroad for terrorist activity being a Criminal Code offence, but didn’t answer the question. Scheer tried a third time, and Trudeau put down the script this time to praise the work of intelligence agencies and security officials, and said they wouldn’t play politics with keeping Canadians safe. Scheer tried a fourth time, and this time Trudeau accused him of distorting events to create division. Scheer tried one last time, and Scheer accused him of grasping at straws to make Canadians feel unsafe. Guy Caron was up next, and he demanded more action on climate targets, and Trudeau read a script about all the good work they’ve done to date, taking a shot at the Conservatives and the NDP along the way. After another round of the same, Nathan Cullen took over in English, and cranked up the sanctimony as he repeated the question, and Trudeau said that while they have to do more, they are on track to meet their targets. Cullen railed again about Harper’s targets, and this time Trudeau noted that pricing pollution is part of the solution, as was investing in clean technology, citing the LNG agreement as an example of being good for both the environment and the economy.

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Roundup: Secret document demands

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The saga of Vice Admiral Mark Norman’s trial is making its way to the floor of the House of Commons, as Norman’s defence team has been trying to suggest that Brison tried to play a part in delaying the Davie Shipyard contract on behalf of his friends in the Irving family. Brison, meanwhile, tried to fend off the attacks in QP by suggesting that he did his due diligence as Treasury Board president to question the sole-source contract that the previous government entered into on the eve of the election.

Where this gets even more interesting, however, is with the suggestions in the documents that Norman’s team filed, was that senior bureaucrats tried to scuttle the deal because it could interfere with the established National Shipbuilding Programme, which everyone was so enormously proud of, and from there, Norman tipped off Davie officials, which was eventually leaked to the CBC. Added to that, Norman’s team are demanding a number of documents that have been deemed to be Cabinet confidence, which creates added complications because those are secret and could demand all new levels of safeguards for the court process if they are to be turned over. Trying to make political hay out of the government turning over the documents or not could be fraught with future consequences, however, for any future government that wants to protect secret materials from a court process, and given the growing propensity for people to turn to the courts when they lose at politics, that possibility could come sooner than one might expect. Nevertheless, this is an interesting case to keep an eye on, if only to shine a light on how broken our country’s procurement processes really are.

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QP: Getting better terms – really!

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While Justin Trudeau was off in Toronto meeting business leaders, Andrew Scheer was present in QP, fresh off the plane from his trip to India. Sheer led off, reading his concerns about Canadian ISIS fighters being caught by Kurdish forces, and demanded that they be brought to justice. Bill Blair responded saying that they were taking the issue seriously, and were gathering evidence to ensure that they can be prosecuted. Scheer got up and lied about the government offering poetry classes to returning foreign fighters, to which Blair retorted that the previous government brought no returning fighters to justice either. Scheer switched to French to rail about the terms of the New NAFTA, to which Chrystia Freeland assured him that they got a good deal for Canada and listed people who praised the deal. Scheer insisted that the government capitulated on a number of fronts but didn’t get movement on steel and aluminium tariffs, and Freeland replied that this was Monday morning courage, and that they said she was being too tough in negotiations. Scheer retorted that they had a case of Sunday night panic and capitulated, to which Freeland said that the party opposite now wanted to capitulate on steel and aluminium tariffs, which they would not do. Guy Caron was up next and demanded faster action on climate change and to stop using half-measures, to which Dominic LeBlanc said that they had a coherent plan to fight climate change and to grow the economy. After another round of the same, before Rachel Blaney reiterated the question in English, and LeBlanc repeated his assurances in English. Blaney tried one more time, and LeBlanc gave his assurances with a little more punctuation.

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Roundup: Shifting the blame upstream

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Have you seen that Internet meme going around about 100 corporations being responsible for 71 percent of the world’s GHG emissions? Congratulations, you’re fooling yourself as to what this really means! There’s an interesting piece in the National Postright now that breaks down what that study actually shows, and it’s not what you may think. The problem with the report that shows this statistic is that it shifts the blame for the emissions upstream to producers rather than downstream to consumers – so Exxon is being blamed for emissions from cars, when it’s consumers who are driving demand for their gasoline by, well, driving. And when you sort out upstream and downstream emissions, it turns out that those 100 corporations are really only responsible for about seven percent of those emissions – the rest are really the responsibility of consumers.

Why is this important? Because by presenting the problem as being driven by those 100 companies, it gives the impression that they can be dealt with as corporate bad apples who can be regulated into reducing that tremendous chunk of emissions. More importantly, it tells consumers that they’re not the ones responsible, it’s the fault of evil corporations – never mind that they’re responding to consumer demand. And this takes us back to the conversation around carbon pricing. When hucksters like Jason Kenney and Andrew Scheer insist that they can meaningfully reduce carbon emissions without carbon taxes (note: Kenney’s carbon tax plans only target large emitters that pay into a “technology fund”), it once again leaves consumers off the hook, which defeats the purpose.

Consumers drive demand, which drive emissions. If you target consumer behaviour by putting a price on the emissions they’re causing, you’re working to change demand, whether it’s through better fuel economy, insulation in housing, or making different choices about what it is they’re consuming and how carbon intensive their consumption is, you’re dealing with the problem where it starts. Carbon taxes are a transparent way for consumers to see what it is they’re using, and allows them to make choices. When you target companies instead, you’re simply passing along the costs to them in the form of higher prices in a non-transparent way, and in a costlier way because regulation is a far less cost-effective way of driving emissions reductions. So indeed, rather than trying to ensure that consumers aren’t being hit by the costs of carbon pricing, you’re actually ensuring that they’re hit even more (particularly because the costs of doing nothing will be even greater still). You can’t pretend that this problem can’t be solved without a focus on consumers, and that starts with recognizing that consumers are the problem, not corporations.

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Roundup: Not a Nordic friendship group

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The ouster of a UCP candidate in Alberta over his posing with members of the Soldiers of Odin, and then excusing it by saying that they’re polite, continues to reverberate as the provincial NDP are looking to make hay of it, and premier Rachel Notley pointing out (entirely correctly) that you can’t keep blowing into dog whistles and then looking surprised when these people show up. And even the other two candidates who posed and then disavowed knowledge of who they are isn’t entirely credible because these people showed up in badges and vests, looking not unlike motorcycle gang members, and that should have clued them in that maybe photos were a bad idea. And as a friend of mine pointed out, you can bet that if a group of drag queens showed up and wanted to pose with them, someone would have put a stop to that right away. And so here we are.

While casting the UCP as bigots is familiar political territory to tread, it’s not like there isn’t enough history to show that they need to be careful with their associations, and in showcasing the dangers of too much free speech in the political arena. Recall that it was the “lake of fire” comments from Wildrose candidates that sunk that party’s chances in a previous election, and when then-leader Danielle Smith didn’t come out to denounce the comments, it cost her and the party. And while the UCP’s spokesperson came out to give the denunciation, Kenney himself has been silent on this, which will risk his looking like either tacit endorsement or that he’s not taking white nationalism seriously enough. And while people say that nobody could accuse Kenney of such a thing, given his history of being the Minister of “Curry in a Hurry” and attending every buffet by an ethnocultural minority back when Stephen Harper gave him the citizenship portfolio, what that ignores is the fact that Kenney also played very cynical games with those newcomer communities, putting them against each other (particularly immigrant communities against refugee claimants), and focusing on those communities where he felt he could exploit their social conservatism for his benefit. That did get noticed in some of those communities, and it’s in part why the supposed shift in immigrant votes didn’t actually happen outside of a pervasive media myth that wasn’t born out in fact.

The point has been made that if we don’t want to ensure that all politicians and candidates are in bubbles that this sort of thing will keep happening – particularly if groups like these show up and events and pose with politicians in an attempt to legitimate themselves, and as Paul Wells pointed out on Power & Politics (at 46:20 on the video), there is a whole cottage industry of Conservatives who search for photos of questionable people who have posed with Trudeau and company doing the very same thing (recall Jaspal Atwal doing the very same thing, leading to the overwrought denunciations of the India trip). This is true, and it shows that there is fallibility in any kind of “vetting” of people who pose with photos – and the fact that “vetting” these things is less of an organized thing than people, including in the media, seem to think. But this being said, when the group looking to pose with you seeks legitimation, it’s incumbent on the politicians to denounce what they stand for, and if it keeps happening (like what is going on here) that the leader should say something – but it also should give pause to reflect on what it is they’re saying that is attracting these sorts. Just saying “we don’t agree with xenophobes” while playing the xenophobia tuba, like Maxime Bernier, can’t cut it either. We’re not fools, and shouldn’t be treated as though we are when things like this happen, and keep happening.

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Roundup: Protecting parliament from court interference

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The decision in Mikisew Cree First Nation v. Canada (Governor General in Council) at the Supreme Court of Canada yesterday has been described in some cases as relieving the government of the Duty to Consult Indigenous communities when preparing legislation, but I think some of that misses the very real issue of the separation of powers and parliamentary privilege – particularly when the news channels would immediately trot out Indigenous lawyers to say that this was an infringement on the Duty to Consult, and that it was a “missed opportunity” to get legislation right, and so on. (And lo and behold, here’s Pam Palmater to argue just that, and I find her analysis flawed). In fact, the CBC piece on the decision buried the aspect about separation of powers at the very bottom of the piece, despite the fact that it’s at the heart of the ruling.

To recap, the separation of powers is the doctrine that the executive, legislative, and judicial branches have different roles and you shouldn’t have them meddling in one another’s business, which is exactly what the case was proposing to do – to allow the courts to weigh in on legislation before it’s been passed, or in this case, even been drafted. That’s a huge overreach by the courts, and a giant infringement on parliamentary supremacy. Why that’s especially important is because we’re seeing a growing movement of people who try turning to the courts when they lose at politics, which is very bad for democracy. (In fact, it appears that the Mikisew are engaging in a bit of that very thing here, objecting to the changes to the changes to environmental assessment legislation). If the Mikisew had their way, it would allow for the courts to weigh in on the legislative process at all points, which not only makes legislation impossible, but it means that parliament can no longer govern its own affairs, which is a very bad thing. Of course, there were many differences of opinion between the justices as to how this all shakes out, but they all agreed that the courts have no role in interference in the legislative process, and I don’t think that was highlighted nearly enough.

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This being said, they did affirm that the Duty to Consult is still necessary – just that it didn’t need to be mandatory before drafting legislation. Smart governments who take the Duty seriously would do so in the planning stages of legislation, and there are opportunities to engage in consultation during the legislative process, particularly at committees, when amendments can be proposed that would assist with accommodation. Emmett Macfarlane also suspects that we could see the Senate take a more active role in ensuring proper consultation as it weighs in on bills as well, which could be an interesting evolution in the Senate’s activities as we move forward with its “new” characteristics.

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Meanwhile, Philippe Lagassé digs into Justice Brown’s reasoning around the Crown’s distinct capacities. Here is a thread from Emmett Macfarlane on his thoughts on the decision. And here’s University of Ottawa law school vice dean Carissima Mathen to explain the decision.

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Roundup: Yet more dubious suggestions hosted by the GRO

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Over on the Government Representative Office website, Government Leader in the Senate – err, “government representative” Senator Peter Harder has been hosting suggestions from former senators of late on how to “reform” the Senate. Because of course he has. And not all of the suggestions are particularly helpful, or good for the Senate in the long run. The latest example is from Senator Pierre De Bané, who was a senator for thirty years and an MP before that. De Bané seems to think that what the Senate needs more than anything is the independent oversight body that the Auditor General wants instituted before voluntarily neutering its powers by passing a motion to only use a suspensive veto. Because hey, if it’s good enough for the UK…

I’ve written numerous times that the notion of an independent oversight body risks the senate’s status as a self-governing parliamentary body. I would be okay with an audit committee that includes outside members but is still made up with a majority of senators in order to ensure that it remains in Senate control because it’s important that our parliamentary bodies retain self-governing status. Otherwise we might as well turn power back over to the Queen, because we obviously have no business governing ourselves. I’m also forever baffled by the notion that we should neuter the Senate’s ability to exercise hard power and defeat a bad government bill when necessary. It’s part of their necessary duties to hold government to account, and before you say that it’s good enough for the House of Lords, the Canadian Senate is a vastly different body than the Lords, with a very different history, and the Senate was never the primary legislative body as the Lords was for centuries. These are differences that can’t be papered over.

De Bané’s other suggestion is that the Senate start creating a series of special committees tailored to senators’ special interests to…do advocacy work, apparently. I’m not opposed to senators undertaking an advocacy role on issues that are of particular interest to them, I am less keen on the proliferation of special committees because I worry that it will draw the focus away from the actual legislative responsibilities of senators – especially in an environment with independent senators who are beholden to nobody and who aren’t able to be corralled into getting work done. We’re already having problems getting bills passed in a timely manner because the leadership within the Senate refuses to do things like negotiate with one another – now imagine that these senators are otherwise engaged with busywork of their own interest rather than with the boring work of scrutinising legislation or holding government to account. I do fear that creating an environment where personalized committees can proliferate will have a detrimental effect on the Senate overall, and I’m a bit surprised that a former senator doesn’t see this possibility.

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Roundup: Carbon tax opportunism

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The latest round of carbon tax drama has the Conservatives drunk with glee, as Manitoba premier Brian Pallister’s decision to scrap his own carbon tax plans has them thinking that they now have a national momentum against carbon taxes. It’s not likely to be that simple – and they may find out that it may blow up in their faces. Pallister says he changed his mind about it after meeting with Trudeau, and found Trudeau intransigent on letting Manitoba keep their tax at a flat $25/tonne when everyone’s else was ramping up to $50/tonne, which sounds like a no-brainer – you want a consistent carbon price across the country to prevent leakage and to keep a level playing field. (Pallister also claims that their plan was so comprehensive, but in interviews would point to things like remediating mines and recycling programmes, which are not about addressing climate change, and his deliberate misinformation should be called out as such). But it also smacks of opportunism, given that small-c conservatives across the country are taking the election of Doug Ford in Ontario as some sign that there is an uprising against carbon taxes when that was very likely not the cause of his election, but rather it was the impetus for change from the province’s tired Liberal government. Overreading Ford’s “mandate,” if we’re going to use that word, is dangerous for them to do. Meanwhile, Ford was yukking it up with Saskatchewan premier Scott Moe in their insulting the federal carbon tax, each believing their mutual court challenges are going to go somewhere (they’re likely not), and Ford would say things like a carbon tax is the worst thing in the world and will do nothing for the environment – complete falsehoods, and all he has to do is look at BC to show the complete opposite.

The federal government, meanwhile, hasn’t been terribly eloquent in their response, on the one hand decrying Pallister’s “flip flop” and worrying that conservatives want pollution to be free, while also pointing out that when the federal backstop comes in, people will be getting cheques in the mail. And that’s going to be the Achilles heel of the federal Conservatives’ belief that the country is going to rise up against carbon taxes. They keep pushing the narrative that it’s a tax grab to feed the Liberals’ “out of control spending” when it’s in the enabling legislation for the carbon tax that the funds will be rebated. But the government hasn’t been eloquent – and has been barely competent – when it comes to any kind of messaging on this file, and that’s the part that will probably hurt them the most, and it’ll be a self-inflicted wound, which makes you just shake your head watching it all go down.

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QP: Turning Canada to a vassal state

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It being the Thursday before a constituency week, the benches were getting a bit thinner, and none of the leaders (save Elizabeth May) were present. That left Alain Rayes to lead off, reading concerns about the Americans being able to weigh in on a potential trade deal with China, and wondered what Canada got in response. Marc Garneau got up to read that the ability to withdraw from an agreement was normal. Rayes railed about all of the various concessions made, and Garneau was “mystified” that the Conservatives didn’t applaud them for getting a deal. Michael Chong was up next, and raised our sacrifices in World War I before complaining that the Article 32 in the new NAFTA makes Canada a vassal state. Garneau insisted there was no loss of sovereignty, and that any party could leave the agreement with six months’ notice. Candice Bergen was up next, and she whinged that Trudeau acted like a bully and called them names on the issue of Tori Stafford’s killer. Jean-Yves Duclos got up to read that politicians can’t make determinations about the sentencing of individual prisoners. Bergen proposed a broad policy of preventing child killers from going to healing lodges, but Duclos repeated his script. Karine Trudel led off for the NDP, worrying about the steel and aluminium tariffs still being in place. Garneau got up to read that the tariffs weren’t justified, which was Canada was retaliating. On a second go-around, Garneau gave the same response, this time without script, before Tracey Ramsey repeated the question in English, with a bit of added condemnation. Garneau reiterated the response in English, and for her final question, Ramsey demanded a task force to help small businesses affected by the tariffs, and this time, Garneau took a few shots a the NDP’s dislike of trade agreements.

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