Tag Archives: Trade

Roundup: Another cry for technocracy

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After Ontario’s Financial Accountability Office weighed in on the government’s figures in advance of the election, he too finds that the province’s deficit is probably bigger than reported, as will its debt figures be. The accounting dispute between the government and its Auditor General remains in the air, while there are doubts being raised as to whether there are really surpluses in the pension funds in a meaningful sense. And it’s all done Andrew Coyne’s head in, because now he thinks that it’s time to simply take away any financial reporting away from a government, and turn it all over to a neutral, arm’s length, third-party body because the alternative is to let governments and other political parties spin and manipulate about what’s in the books. In his estimation, Auditors-General and Parliamentary Budget Officers/Fiscal Accountability Officers are of little use because their reports and opinions are not binding, who can pretend that they’re related to matters of opinion and accounting disputes, while opposition parties aren’t doing the job of accountability because they use the same torqued figures for their own purposes.

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But I think that Coyne is completely off the mark here, because he places too much faith in the words of the current watchdogs. We’ve seen examples where the Auditor General has been wrong – the Senate audit being a prime example where he was out of his depth, based a number of findings on opinion that were later overturned by a former Supreme Court of Canada justice hired to adjudicate the findings, and further legal analysis of his findings poked yet more holes in his analysis. We also see numerous examples of where the Parliamentary Budget Officer’s methodology is suspect (to say the least), but we rarely see these challenge being made public in the media because the media takes the words of these watchdogs as gospel, which should be alarming to anyone who engages in the slightest bit of critical thinking. To turn even more of our government’s fiscal processes over to yet another unaccountable technocratic body strikes fear into my heart because the people we keep demanding we turn this power over to are not infallible, and there are no ways for us to hold them to account – especially if the media refuses to do so responsibly either.

So while I can sympathise with Coyne’s frustration – and the situation in Ontario is particularly egregious, with all three parties guilty of playing along – the answer is never technocracy. We may get the governments that we deserve, but that also means that we, the voting public, need to do a better job of doing our own due diligence and demanding better, and we’re not – we’re just shrugging our way toward oblivion, which is part of the problem.

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Roundup: A possible missed deadline on election laws

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With a ticking clock over their heads – one whose useful time may already have passed – the government unveiled a new bill yesterday to reform the country’s electoral laws, to not only roll back changes that the previous government made around voter ID, that people complained made it harder for people to vote, while also enhancing some privacy safeguards, and limiting the writ period to 50 days while imposing more spending limits on pre-writ and third-party spending (so long as there’s a fixed election date). In the event that you thought there was already a bill on the Order Paper to roll back those Conservative changes, well, you’d be right, but they’ve abandoned it and rolled those changes into this new bill – a tactic they have been using with increasing frequency for whatever reason. Of course, Conservatives are already grousing that the Liberals are trying to make voter fraud easier by reducing the ID restrictions – never mind that they were never able to prove that there were problems with the pre-existing system, with one MP being forced to apologize for misleading the House after insisting that he saw people collecting voter registration cards when he actually just made the story up. But why ruin a narrative about the Liberals trying to game the next election?

The point about timing is going to be a tough one, because ideally these changes should have been made months ago if Elections Canada was to have enough time to ensure that they’ll be in effect for 2019 – and this also has to do with their need to migrate to a new data centre in advance of that election. Why the government couldn’t get this bill out months ago – or advance the previous bill on electoral measures, for that matter – is a question that they have yet to answer. As to whether Elections Canada can make these changes in time, the fact that there is now a bill that they can look to could mean that they’ve been saved in time – maybe – but we have yet to see how long it will take for them to bring it to debate and get it to the Senate, which has been keen to both amend bills and take their time doing it.

Meanwhile, Elections Canada is working with CSE and outside contractors to provide iPads to polling stations in the next election for things like voter registration so that they can eliminate some of the paper systems at advanced polls. In other words, trying to speed up the process electronically while still keeping the paper ballots that are so necessary to have proper accountability in our system.

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QP: Applauding the ghosts of the Harper government

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While the PM was off in Vancouver to announce a new investment by Amazon, and Andrew Scheer…elsewhere (I believe Toronto), it was up to Candice Bergen to lead off today, concern trolling about the loss of foreign direct investment in Canada, and tying that to the coming federal carbon tax, demanding to know how much it would cost families. Bill Morneau replied, offering some pabulum about how great economy has been doing. Bergen sarcastically suggested that the Liberals are saying that the carbon tax will fix everything wrong with the world, to which Jim Carr noted that they have taken action through the oceans protection plan, strengthening environmental assessments, and their carbon pricing plans were all taking action, unlike the previous government. Bergen accused the government of covering up those costs, and Jim Carr read some stats about how much carbon would be reduced with their plan. Gérard Deltell took over to ask the same again in French, and Carr noted that the opposition had no plan, nor did they while they were in government. Deltell made the “cover-up” accusations in French, and Morneau stood up to offer some pabulum in French. Guy Caron was up for the NDP, and demanded to know if the government denied ordering the Kinder Morgan approval to be fixed. Carr said that he did refute it, and when Caron asked again in French, Carr pointed to all of the materials available on the website. Romeo Saganash asked the same again in French, and Carr listed consultations and engagement including the monitoring panel co-developed with Indigenous communities. Saganashed tried again in French, and Carr noted that they had made accommodations and that the conversations were meaningful.

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Roundup: On the state of federal disarray

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Yesterday, Manitoba premier Brian Pallister took to the airwaves to declare that the Canadian federation is in a state of disarray, much like Alberta’s wannabe premier Jason Kenney declared that “Canada is broken” earlier in the week. And on the face of it, one could point to places where things don’t appear to be working, where you have a nation of fiefdoms of provinces who make their own rules and who don’t talk to one another – why we don’t have proper interprovincial free trade – and all of the petty bits of provincial protectionism that still exist, 150 years later (thanks in large part to the Judicial Council of the Privy Council, which was the final court of appeal in the early days of confederation, who undermined the Founding Fathers’ goal of a more robust federal government).

But this all aside, I have to look at Pallister, Kenney, and the rest, and point out to them that they’re absolute hypocrites for saying that the country isn’t working when they’re ones who make and continue to make contradictory demands about what is and is not federal jurisdiction. In the very same breath, they’ll demand that the federal government exert its constitutional authority to get a pipeline built, while simultaneously decrying that the federal government’s imposition of a carbon price is unconstitutional – never mind the fact that the carbon price is part of the political deal that is aimed at getting that pipeline approved. In other words, exert your authority only on things that I like, but not the things I don’t. It’s so self-serving and gross, but they play too cute by half about it. Every single one of them, handily handing off responsibility to the federal government when it suits them, and using the courts as a political tool to engage in political theatre – which, by the way, is abusing the courts.

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To that end, Alberta premier Rachel Notley is offering up a very real warning – that using the courts in these ways could open up much bigger problems that would cause interprovincial gridlock, all because BC premier John Horgan is looking to protect his minority government’s confidence deal with the Green Party. And as far as reasons go for trying to further exacerbate the state of the federation, it’s not a very good or noble one, no matter how much one wraps themselves in the cause of the environment or First Nations.

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Roundup: Yes, the Conservatives did it too

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Amidst the faux drama in QP this week about the apparent discrepancy between the Dogwood Initiative getting funding for an anti-Kinder Morgan activist while the government refuses to give funding to groups that use such summer jobs grants to pay for students to distribute fliers of aborted foetuses, or to groups that refuse to hire LGBT students, I find myself losing patience with the constant refrains that if the Conservatives engaged in this kind of behaviour, there would be riots in the streets.

Reminder: the Conservatives did engage in that kind of behaviour. They wantonly defunded all manner of organizations, whether they ensured that women in developing countries could access safe abortions, whether they advocated for women’s equality here in Canada, or if they were ecumenical social justice organizations that engaged in education and outreach at home and abroad. They defunded the Court Challenges Programme which helped ensure that minority groups like the LGBT community could do the work of bringing their challenges to the Supreme Court of Canada (because it’s expensive and law firms can’t do it all pro bono). They cut funding to HIV and AIDS services organizations and diverted all manner of funding to a vaccine initiative that they then flaked out on and frittered away millions of dollars so that they had no impact (and the results of those cuts are still being felt today as the current government wants to shift funding priorities to prevention). They prioritized refugee resettlement for Christians in the Middle East over Muslims. They engaged in abusive auditing over charitable organizations that opposed them ideologically. All of this happened, in the most petty and mean-spirited manner at that, and there weren’t riots in the streets. There were a handful of protests, and the media barely mentioned a number of these cuts.

Is the way that the government handled this attestation on the Summer Jobs Grants heavy-handed? Yes. Was the wording clumsy? Probably. But groups aren’t being denied funding because they’re faith-based – they’re being denied funding because they’re refusing to either sign the attestation, or they’ve tried to rewrite it to suit themselves, despite the fact that the government has said repeatedly that “core mandate” refers not to values or beliefs, but daily activities. In all of the rhetoric and pearl-clutching, the actual facts are being distorted and need to be called back into focus. We also need to focus on the fact that the real problem here is that MPs get to sign off on those grants, which is a violation of their roles as guardians of the public purse, and instead makes them agents of the government in distributing spending (clouding their accountability role). But sweet Rhea, mother of Zeus, this constant invocation that “if the Conservatives did it…” is bogus and amnesiac. They did it. All the time.

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Roundup: The struggle of independent senators

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Despite the news being a day-old yesterday, the departure of Senator David Adams Richards from the Independent Senators Group got a bunch of tongue wagging, and even more wannabe comedians making lame jokes about Senate independence. Richards stated repeatedly over the past two days that he wasn’t pressured to vote or do anything by the ISG, but wanted to be “truly independent,” though I’m not sure he quite understands what he’s signing up for. Amidst this, the memo written by Senator Gold to his ISG colleagues about his conflict with just how independent they can be without defeating government bills also hit the news (despite the fact that I wrote about this in my weekend column), which got even more wannabe commentators to start opining about who is really independent in the Senate without having a clue about what is going on. (I will credit Althia Raj as being the only person who did have a clue yesterday, so there’s that).

So, to recap, the Independent Senators Group don’t whip votes or force attendance but organize for the purposes of logistics and to advance the cause of Senate modernization. Logistics include things like allocating office space, and also things like committee assignments, because of the way the Senate operations work, spots are divided up between caucuses, and the ISG is granted their share of committee seats. Any senators outside of the three caucus groups have a much tougher time of getting those committee seats. This is something that Richards is going to face if indeed he wants to do committee work. If he doesn’t, well, that’s going to be an issue because much of the value of the Senate comes from their committee work, which is superior to committee work coming out of the Commons by leaps and bounds.

As for the struggle for how independent Senators should be, part of the problem is that they’re getting a lot of bad and conflicting information, much of it coming from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, who is deliberately misconstruing both the history of the Senate, the intent of the Founding Fathers, and how the Senate has operated for 150 years. Part of this stems from the fact that he refuses to do his actual job – he won’t negotiate timelines with the caucuses because he thinks that horse-trading is “partisan,” and he wants to ensure that government bills can’t get defeated by means of a Salisbury Convention so that he doesn’t have to do the work of counting votes to ensure that he can get those bills passed. And the Independent Senators are caught in the middle of this, too new to understand what is going on, and getting a lot of bad advice from people who are trying to force their own ideas of what the Senate should look like, and they’re afraid of accidentally defeating a government bill and having public opinion turn against them as being anti-democratic, and the like. So there are serious issues being contemplated, and the commentary coming from the pundit class right now, who think they’re being clever but who actually don’t have a clue about what they’re talking about, helps no one. And if people want to grab a clue, I have a collection of columns on the topic they can read up on.

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QP: Springing a lame trap

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On a rainy day in the nation’s capital, the benches in the Commons were full, and all of the leaders were present. Andrew Scheer led off, mini-lectern on desk, and in French, read the simple question about whether the government was using all of the tools at its disposal to get the Trans Mountain pipeline built. Trudeau stood up and expounded upon the fact that it goes hand in hand with getting a carbon price and an oceans protection plan, so that growing the economy and protecting the environment. Scheer asked again in English, got the same answer, and then he sprung his “trap,” accusing the government of giving a grant to an environmental group that hired an activist to protest this very pipeline (that group apparently being the Dogwood Initiative). Trudeau noted that they believe in free speech, and noted that this particular advocacy group was also funded by the Harper government. Scheer read the job description for that position, and Trudeau noted that they won’t brand people eco-terrorists or cut off funding if they don’t agree with them. Scheer noted that they obviously don’t believe in free speech given how they punished Scott Simms, and Trudeau hit back with his commitment to ensure that women’s rights and reproductive rights were protected. Guy Caron was up next for the NDP, railing that the Trans Mountain pipeline approval process was “rigged,” to which Trudeau noted that they extended the consultation process to ensure that they were meeting or exceeding their obligations toward First Nations. Caron asked again in French, and got much the same reply. Alexandre Boulerice then asked the very same question, and Trudeau noted that Boulerice had already stated that no matter the facts, he would oppose the project, even when his leader said he might be open to approving it. Nathan Cullen then asked the very same question yet again, pouring on the unctions sanctimony, and Trudeau asked him to explain to those Indigenous communities who support the pipeline why he wants to deny them jobs and revenue.

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Roundup: Dumbing down the border debate

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The Conservatives were in full performative outrage mode yesterday, with a Supply Day motion to demand a plan by May 11thto stop the influx of irregular border crossers seeking asylum, and for the PM to admit that his “Welcome to Canada” tweet is the cause of the problem. It’s not going to work, but it’s indicative of the way in which they are dealing with complex issues and trying to boil them down in a way that is ultimately disingenuous, while using bogus arguments like how the backlogs in this system are slowing down legitimate immigrants and refugee claimants – the immigration stream is separate and is unlikely to be affected by this influx, and when you’re talking about “legitimate” refugees, there is a great deal of difference between resettling refugees in camps and processing the claims of those who arrive on our shores to claim asylum. Those claims, yes, are slowed down, but it’s more than just this influx that is that problem, and drawing this link is a long-time Conservative tactic of trying to play immigrants and refugees off of one another.

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For example, Michelle Rempel has been demanding that the government simply declare the whole border with the US to be an official port of entry for the purposes of the Safe Third Country Agreement, in order for us to simply turn back anyone who crosses from the US. See! Simple! It’s not like we need American sign-off to do so (because it’s their border too), and it does nothing about what has been driving this influx in the first place, which is less Trudeau’s tweet than the tweets of one Donald Trump. And while the government deployed MPs with linguistic ties to communities that were crossing previously, such as Haitians and Guatemalans, the influx we’re seeing right now has to do with Nigerians who are getting tourist visas for the US, and then using those to cross into Canada. To that end, we learned yesterday that the government has been sending officials to Nigeria to try and engage on the ground there, while also working with the Americans to try and get action from them that their tourist visas are being abused, so we’ll see if that has any measurable effect.

This isn’t to say that the current government isn’t blameless in all of this either. While they correctly point to the fact that the previous government made cuts to both the Immigration and Refugee Board and CBSA, which are reverberating to this day, they have had their own problems when it comes to not filling vacancies on the IRB because they changed the appointment process, and like virtually all of their appointment processes, the changes have slowed down the system to a crawl, and have touched off a slow-moving crisis within the whole of government and the courts. That’s on them 100 percent, and that is the problem that’s causing slowdowns with more than just refugee claimants, but also immigration appeals (and they are separate parts of the IRB, so again, it’s not just the influx of claimants causing problems for immigrants). But those aren’t the kinds of issues that the opposition is touching on with this issue, and it’s not the kind of simple solution that they’re trolling for, which is ultimately what’s harming the debate.

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Roundup: Morale over policy

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It’s the Liberal Party’s big policy convention in Halifax this weekend, and it’s already consumed with the pre-election narrative, never mind that said election is a year-and-a-half away. And while it’s supposed to be about policy, and developing the ideas that are intended to shape the next election platform, it’s really more about morale, and finding inspiration to go out and do the door-knocking (as Sophie Grégoire Trudeau’s keynote spoke about). It’s about reminding the party that they need to keep up a united front and “have the Prime Minister’s back,” and totally not worry that they won’t be able to keep all of their seats in Atlantic Canada or the West. No ma’am.

When it comes to the policy resolutions, they are very much of the left-wing/progressive side of the party. Almost entirely so, in fact, some of them exactly the same kinds of demands that the NDP have made, making me wonder what’s left in their big tent for the more fiscally conservative, “blue Liberal” members to grasp onto. The most talked about resolution so far is that around decriminalising small amounts of all drugs so that they can be treated as a public health issue instead of a criminal one, as has been done successfully in Portugal. In contrast to the health minister, Jody Wilson-Raybould says she’s open to decriminalising, and reforming prostitution laws (which is another resolution). In an interview with Power & Politics, however, Petitpas Taylor refused to say one way or the other how the government would consider a successful vote by the convention on the issue, deferring instead to keeping an open mind.

But while everyone is going to talk policy on a superficial level this weekend, I have to raise the point that the party has so centralized their operations and policy machinery that this is only superficially a grassroots movement, and instead is an exercise in confirming the policies that the leader’s office is floating. Because the Liberals have so disempowered their grassroots when they changed the party constitution at their previous convention, there is little hold for the grassroots any longer. This is a problem with how our system is supposed to work, and is a direct result of the ways in which we have so utterly presidentialized party leadership contests so that they are now repositories of vast power that can’t be challenged, and everything is being reworked to be top-down instead of bottom-up. While this is all being done under the rubric of being modern, and nimble, it’s corrosive to how politics is supposed to work in this country, and we’ll see how long it takes for party members – err, “registered Liberals” to figure out that they’re being played and they start to demand their rightful power back.

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Roundup: Beer still imprisoned

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The Supreme Court of Canada delivered their ruling in the Comeaucase yesterday, which deals with the subject of interprovincial trade barriers – in particular, those around alcohol. While this case has been widely championed as “free the beer,” what we got came down to an exploration on the nature of federalism in this country – and many observers were keenly unimpressed as they chose to uphold those particular barriers.

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First of all, read this Q&A with University of Ottawa vice-dean of law Carissima Mathen about the decision, so that you get some sense of how the constitution operates here, and why the Court is loathe to interfere in something of this magnitude. It’s not just alcohol sales that could be affected – its knock-on effects include supply management schemes (which the Conservatives have yet to reconcile with their “free the beer!” sloganeering), public health prohibitions, environmental regulations, and so on. And more technically, the case that led up to this decision was a lower court judge making an interpretation of settled law that they felt wasn’t robust enough to justify overturning that jurisprudence – not enough had changed – and they upbraided said judge in the ruling. This is also something that can’t be taken trivially in the decision.

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And then there are the critics. University of Alberta law professor Malcolm Lavoie says the decision privileges some parts of the Constitution over the other, while John Ibbitson looks at what the knock-on effects could be and wonders if the result wasn’t for the best. Emmett Macfarlane is not sold on that, and feels that the Court feels too bound by old JCPC decisions that undermined the text of the constitution when they should instead be upholding it – that the intent of the Founding Fathers was indeed a centralized economic union. Some commentators think that the decision could legitimize Alberta’s bill to limit oil exports to BC, but frankly I think that analysis is beyond absurd. I do have to say that I have a degree of sympathy for the Court in not looking to overturn the entire federal order, because there would be monumental blowback. But it’s not like they said that it couldn’t be done – what it needs is the political will for the legislatures to come to an agreement on this, and there is a new internal free trade framework that is coming into place where there’s a better forum for having these discussions than we’ve had in 150 years of confederation. And I think that perhaps those who felt that the Court needed to do the work of the legislatures on this issue were doing so a bit inappropriately because we keep insisting that the Court do the hard work that the legislatures won’t, and perhaps this is another wake-up call that we need to do the actual work of making tough decisions in this country on our own.

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