Tag Archives: Trade

Roundup: The AG’s vacancy problem

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The Auditor General was on Power Play yesterday to talk about his recent examination of the Great Lakes Pilotage Authority, and how the lack of appointments to the board meant a lack of oversight for the CEO, who then abused his expenses. Michael Ferguson then went on to talk about the greater pattern of unfilled vacancies by this government (which will be the focus of one of his upcoming reports), and it’s a verifiable problem that this government has, in large part because as part of their reform of the system to ensure that more women and minorities were appointed, they changed to a system of seeking out nominees to having people apply for positions. For as much merit as ensuring more diversity among appointees has, the way they’ve handled it has been a gong show.

All of this is well and good to point out, but where I have a problem is where the AG suggests that if governments can’t fill these positions in a timely manner that we should consider a system where these boards have their own nomination committees to make their own appointments. This should raise a major alarm because it’s a sign of creeping technocracy and undermining accountability and responsible government. Government makes these appointments so that there is someone who can be held to account for them. Who is accountable if boards nominate their own members? How do we ensure that they don’t turn into cesspits of nepotism after we worked long and hard to ensure that we have taken patronage out of our current appointment systems?

Unfortunately, this is not a surprise with Ferguson, whose recommendations around an external audit committee for the Senate ignores the detrimental effect that this would have on Parliament’s ability to be self-governing. I do think it’s problematic that you have an officer of parliament who keeps advocating for greater technocracy and the undermining of our parliamentary democracy (and worse, that nobody in the media will dare to call him on it, because apparently we worship auditors general and believe that they can do no wrong). His observations about the problems around appointments are valid, don’t get me wrong. It’s his solutions that are untenable in the extreme.

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QP: Inventing a conflict from whole cloth

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With the Easter long weekend upon us, it was Friday-on-a-Thursday in the House of Commons, and Question Period was no exception — only slightly better attended than a regular Thursday. Candice Bergen led off with a disingenuous framing of the Raj Grewal non-story, and Bardish Chagger noted that everything was cleared with the Ethics Commissioner, and that Grewal’s guest at the event registered through the Canada-India Business Council. Bergen demanded to know who in the PMO authorised the invitation, and Chagger reiterated her response. Alain Rayes was up next, and demanded the prime minister to sign off on a human trafficking bill from the previous parliament, to which Marco Mendicino noted that there was a newer, better bill on the Order Paper (but didn’t mention that it has sat there for months). On a second go-around, Mendicino retorted with a reminder that the previous government cut police and national security agencies. Ruth Ellen Brosseau led off for the NDP, and raised the fact that Stephen Bronfman and a government board appointee were at a Liberal fundraiser last night, to which Andy Fillmore reminded him that they have made fundraisers more transparent. Charlie Angus carried on with the same topic in a more churlish tone, got the same answer, and on a second go-around, François-Philippe Champagne praised the appointment to their Invest Canada agency. Brosseau got back up to list allegations of harassment at Air Canada, to which Roger Cuzner reminded them that Bill C-65 will cover all federally regulated industries.

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Roundup: Too omnibus or not too omnibus?

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The opposition is crying foul over the government’s 556-page budget implementation bill and moaning that it breaks the promise about omnibus bills. It’s not an unfair point, but one that requires a bit of nuance. For one, the government never promised that they would never table an omnibus bill – only that their omnibus bills would not be abusive, and yes, there is a difference. Omnibus bills can be useful tools, particularly if it’s regarding matters that would have a number of coordinated amendments to the same existing statute. That way, you don’t have six different bill all amending the same piece of legislation (like the Criminal Code, for example, or the Income Tax Act, if it’s a budget bill), possibly causing pile-ups of amendments to some of the same sections of the bill. The overriding criteria for it not to be abusive, however, is that it should all touch on the same subject matter. The abusive bills of the previous government didn’t do that, and they stuffed everything into it, including a number of unrelated measures (like environmental legislation) into budget bills in order to get them passed expeditiously – a technique they started during the minority years, so that they could huff and puff about confidence measures and not sending Canadians to the polls too soon; they simply carried on the technique once they had a majority.

Does this current budget implementation bill reach that level of being abusive? Not that I can see. Glancing through the bill, the only section that raises a possible eyebrow is the section within that creates the Greenhouse Gas Pollution Pricing Act – the carbon tax legislation. Should it be separated? Well, it does have to do with fiscal measures as it deals with the federal carbon price backstop (which yes, is a carbon tax for those provinces who refuse to implement one), as opposed to, say, environmental assessments. And the government has pointed out that they have circulated draft legislation prior to this, so it’s not coming out of the blue or as a complete surprise stuffed into the bill along with a number of other surprises. But, if the opposition wants to challenge it, the Speaker has the power to split the bill if they can make their case convincingly enough. The other issue is that the government hasn’t pre-declared a timetable for when they want this to be passed, but it will likely mean some marathon committee time. Let’s just hope that the opposition doesn’t demand days and days of useless Second Reading “debate” first, which would eat into the committee time, because that’s where a bill like this should spend its time.

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QP: Concern trolling about Daniel Jean

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While the memo went out cancelling travel for Conservative MPs, it apparently wasn’t received by Andrew Scheer, who was not present. That left it up to Candice Bergen to lead off, railing that the government forced them to vote for 21 hours in a “cover-up.” Justin Trudeau said that Scheer was offered a classified briefing by the public servants in PCO, and he declined. Bergen insisted that they wanted the same briefing that the media received, and Trudeau reiterated his answer, and that this was really about petty politics. Bergen retorted that members of the media aren’t sworn into Privy Council, and repeated her question. Trudeau said it was puzzling as to why Scheer turned town the briefing in order to play politics. Pierre Paul-Hus stoood is to repeat the question in French, and he got the same response in French as he did in English, with Trudeau digging in that the Conservatives would rather play politics than debate gun control. Guy Caron was up next for the NDP, railing that only a small number of tax evasion files were opened by CRA, to which Trudeau took up a script to reminded him that they invested a billion dollars and have a thousand ongoing audits, and forty criminal investigations underway. Caron railed that KPMG was getting away while waitress’ tips are being targeted, and Trudeau gave some bland assurances that everyone will pay their fair share of taxes. Charlie Angus was up next, railing about the “close links” between Facebook, the Liberals, and actors identified in the current scandals. Trudeau took up a script to read some assurances that they respect privacy rights, and they are committed to ensuring Canadians can trust in our institutions. Angus demanded assurances that they would not balk at these actors being called to committee, but Trudeau read some more bland assurances.

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Roundup: The 21-hour tantrum

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If there is a parliamentary equivalent to a toddler having a full-on meltdown and screaming and pounding the floors after not getting their way, then you pretty much have the setting for the 21-hours of votes that the Conservatives forced upon the House of Commons. Which isn’t to say that I don’t think there was value in the exercise – I think having MPs vote on line items in the Estimates is a very good thing given that the Estimates are at the very core of their purpose as MPs, and we should see more of this (in a more organized fashion that they can do in more manageable chunks, mind you). But this wasn’t the exercise that the Conservatives billed it as.

Scheer’s framing is completely disingenuous. These votes were not blocking their efforts, and had nothing to do with the Atwal Affair, or the attempt to get Daniel Jean hauled before a committee. That particular motion was proposed, debated, and voted down on Wednesday. Forcing individual votes on the Estimates was a tantrum in retaliation. It was not about transparency. And it was tactically stupid – there would be far more effective ways to go about grinding Parliament to a halt to get their way rather than this tactic because there was an end point to it (and one which would have been at some point on Saturday if they hadn’t decided to let everyone go home).

The other reason it was stupid is because they forced votes on line items, it allowed the Liberals to spend the whole time tweeting about the things that the Conservatives voted down, like money for police, or veterans, or what have you. They handed that narrative to the Liberals on a silver platter. (The NDP, incidentally, voted yea or nay, depending on the line item, rather than all against, looking like they actually took it seriously). And what did the Conservatives spend their time tweeting? Juvenile hashtags, attempts to shame the Liberals (“You have the power to stop these votes. Just get the PM to agree.”) And in the end, it was the Conservatives who blinked and called it off (but declared victory and that they “drew attention” to the issue, of course).

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This all having been said, there are more shenanigans to be called out amidst this. There was a whole saga about whether or not PCO offered Andrew Scheer a briefing, which his office denied, and then suggestions that Scheer wouldn’t accept it because he wanted as much of it made public as possible (again, with more conflicting versions of how much they wanted to be public and how much in camera). But even with the demands for public briefings, it trips up the parliamentary notion that public servants aren’t called to committees – ministers are, because they’re responsible. (Deputy ministers can be called as the accounting officers of their departments, but the National Security Advisor is not a deputy minister). And with that in mind, why exactly would the government put a long-time civil servant up for the sole purpose of having the opposition humiliate him? Because we all know what happened to Dick Fadden when he was hauled before a committee to talk about his fears about Chinese infiltration, and it damaged our national security because MPs couldn’t help themselves but play politics over it. Nobody covered themselves in glory over this exercise, but this wasn’t some great exercise in preserving the opposition’s rights. This was a full-on temper tantrum, and the more attention we pay to it as though it were a serious exercise, the more we reward the behaviour.

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Roundup: Threatening marathon votes

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Because apparently this Jaspal Atwal issue refuses to die, the Conservatives have decided to spend today’s Supply Day motion demanding that the Prime Minister instruct the National Security and Intelligence Advisory to attend the public safety committee and give the MPs there the same briefing he allegedly gave journalists (on background). Or else.

That’s right – in order to overplay their hands, they’re openly threatening to force some forty hours’ worth of votes on the Estimates as consequence for defeating this motion – because that doesn’t come across as petulant or childish. And while they couch it in the fact that they have a responsibility to hold the government to account – which they do – they’ve also been demonstrably obtuse about this whole affair. The different versions of what happen are not impossible to reconcile – they are, in fact, eminently reconcilable. The PM has defended the facts put forward by the senior officials, and have stated that they did not put him up to it. Media outlets have since dribbled out versions of “reviewing my notes” and toning down some of  their reporting of what was actually said to show that it wasn’t actually as inflammatory as initially reported as (because by the point at which it initially happened, they were focused more on wedging it into the narrative they had all decided on rather than acknowledging what was happening on the ground if it didn’t fit that frame). Nobody has acted responsibly in this – the government, the opposition, or the media. And digging in to entrench the narrative that somehow we have damaged relations with India (not true, unless you’ve conveniently forgotten the fiction about how it led to new tariffs) and that the trip was some giant disaster (forget the investments or the constructive conversations with Indian officials) is just making it all worse for everyone.

The bigger issue, however, is the fact that this committee is not the venue for this conversation to happen, and MPs are kidding themselves if they think it is. We have the National Security Intelligence Committee of Parliamentarians to review this kind of intelligence data in confidence, and then issuing a report on what was said. Commons committees have been down this road before, and have actively damaged our national security and intelligence agencies because they can’t help themselves, and now they’re demanding the chance to do it yet again. There are proper ways to hold the government to account. This planned stunt and threat is not it.

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Roundup: What vice-regal appointment process?

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Prime minister Justin Trudeau made two notable vice-regal appointments yesterday – new lieutenant governors for both Newfoundland and Labrador and British Columbia, both women (the first for Newfoundland and Labrador). While the new BC LG is the chair of Vancouver’s YWCA, the new Newfoundland  and Labrador LG is former cabinet minister Judy Foote, which seems like a curiously partisan appointment for a position such as this – especially when Trudeau keeps going out of his way to ensure that there are “independent, non-partisan” appointment processes to other key positions, most especially senators.

The point that none of the stories on these appointments made yesterday was that since Trudeau came to power, he dismantled the process that Stephen Harper put into place to find new vice-regal appointments in a depoliticized fashion. The Harper-era Vice Regal Appointments Committee was headed by the Canadian Secretary to the Queen, had two permanent members, and then had additional ad hoc members for whichever province or territory they had to search for candidates from in order to get the local perspective. Short lists were forwarded to the PM, and for the most part, they were appointments without partisan histories (though the last Manitoba LG appointment was the wife of a former provincial politician it does bear noting). When he came in, Trudeau and his people said that the system was working well, and that they were likely to continue it. Except they didn’t. They replicated portions of it for their Senate nomination committee, but dismantled the Vice-Regal Appointments Committee after they let the memberships lapse, including the post of Canadian Secretary to the Queen (which remains vacant to this day). And the only reason anyone can figure out as to why is because it was simple antipathy to the Harper government, regardless of whether the idea worked. Instead, appointments are made in a black box, and Foote’s appointment seems to indicate that he’s willing to let partisans into these posts in contrast with others.

And don’t get me wrong – I have nothing against Judy Foote personally, and I’m sure she’ll do a fine job, but the whole thing is a bit odd in the context of every other appointment process that Trudeau has put into place (which are interminable and can’t fill any position in a timely manner, Supreme Court of Canada excepted). There was a system that worked. What Trudeau has done instead makes no sense at all.

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QP: Circling back to Atwal, yet again

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A frigid Tuesday in Ottawa, and all of the leaders were present in Question Period, for a change. Andrew Scheer led off, mini-lectern on desk, and he immediately returned to the Atwal issue, wondering who was telling the truth about Atwal — him or the Indian government. Justin Trudeau stood up and said that he would always believe the advice of non-partisan public servants over anyone else. Scheer pressed, and Trudeau reminded him that Randeep Sarai took responsibility for proffering the invitation, but he trusted public service. Scheer tried again in French, and Trudeau repeated that same point about believing public servants. Scheer reverted to English, reset his preamble to provide a fresh media clip, and wondered if it was Chrystia Freeland who was telling the truth this time when she said it was an honest mistake. Trudeau reiterated the same point about believing public service. Scheer demanded an answer as to whether the “conspiracy theory” was baseless, and Trudeau reminded him that for ten years, the Harper government diminished and belittled the work of public servants, and the Conservatives hadn’t moved on from those habits. Guy Caron was up next, and worried about the Facebook data used by Cambridge Analytica. Trudeau noted that they take privacy seriously, and it’s why the Minister of Democratic Institutions was looking into electoral interference, and the Privacy Commissioner also indicated he was taking a look. Caron demanded that the issue of data protection be raised at the G7 meeting in June, and Trudeau assured him that they had already had these conversations and they would continue to do so. Hélène Laverdière raised the armoured vehicle sales to Saudi Arabia, and Trudeau first pointed asked her to ask her caucus colleague from London Fanshaw if she wanted them to cancel that contract, but that they were taking the issue more seriously than the previous government did. Laverdière demanded to know if human rights were for sale, and Trudeau took up a script this time to insist that they respect human rights obligations.

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QP: Concerned about Mali

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While Justin Trudeau was present after two weeks away, Andrew Scheer was not, spending the day in Winnipeg instead. Lisa Raitt led off in his stead, mini-lectern on desk, and she raised the announcement of a peacekeeping mission to Mali, and the risks that it would entail given the rate of casualties there. Trudeau led off with some words about engaging in peacekeeping and that they were responding to a direct request from the U.N., and would work with the opposition on how to hold a debate on the mission — but didn’t really answer about risks. Raitt wondered about whether our troops there would be able to engage in direct combat. Trudeau took up a script, and recited about how personnel would have appropriate equipment and training, but they couldn’t eliminate the risk. Raitt demanded information on what the risk was, and how many soldiers were projected to be lost. Trudeau insisted that they would remain open and responsible rather than wrap themselves in the flag and use Special Forces troops for photo ops, as the previous government did. Pierre Paul-Hus took over in French, accusing the PM of being unconcerned for troop safety. Trudeau took up a script to remind him that they were alive to the risks and would ensure that troops had equipment and training that were necessary. Paul-Hus demanded the operational guidelines, but Trudeau reiterated the plan to hold a debate in the near future. Guy Caron was up next for the NDP, also asking about the Mali announcement, and Trudeau read off some more details about helicopters and medical assistance. Caron switched to English to concern troll about how this promise fell short of the promises. Trudeau noted it was odd how the Conservatives thought we were doing too much with the military and the NDP not enough, before he went off the cuff about the upcoming debate. Tracey Ramsey was up next, demanding the government stand up to US tariff threats. Trudeau noted that he was pleased to meet workers in those industries last week, and to hear their concerns. Ramsey raised Trump’s made-up facts, and Trudeau reiterated how much he enjoyed hearing from workers in those industries.

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Roundup: Expat voting rights on the line

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Coming up this week is a Supreme Court of Canada hearing that I’m going to play the role of bad guy with, which is the challenge around expat voting rights in Canadian elections. And by playing the villain, I’m firmly in the camp that I think it’s perfectly acceptable that their right to vote in a Canadian election lapses after about five years, because our electoral system is based on local riding elections. If you don’t live in a riding, and haven’t for years, then your vote soon becomes meaningless because you are essentially voting for a local representative whom you’re not familiar with, with local issues you’re not impacted by, and generally you’re voting for a leader, which isn’t how our system works.

And I know, these expats challenging the law feel like their citizenship is being devalued, but their connection to the riding they’re supposed to be voting in grows ever more tenuous, even if their connection to Canada as a whole doesn’t – but it’s about mechanics. There are complaints that the five-year cut-off is arbitrary, and to an extent it is, but that said, the constitutional rule is that an election must be held within five years of the preceding one (despite the fact that our later fixed-election-date laws tend to operate on four-year cycles – yet another Americanism that we need to disavow because it hasn’t done anything constructive for our system and rather has created a whole new set of ways in which incumbent governments can try to manipulate the field). It makes it reasonable to make it five years, then, in terms of when voting rights lapse when one is absent from a riding.

The way I think about it is that these particular limits make our voting rights more protected, rather than devaluing citizenship. If you’re voting for a riding that you have no connection to, how is that upholding the integrity of the electoral process in that riding? It means that for those who are voting within that riding, it maintains that there is that special connection between the voters in the riding and those who are elected to represent them. You’re unlikely to be paying taxes if you’ve been away that long, so it’s not like a taxation-without-representation issue either, and most likely, those expats are voting in their new host countries by this point as well. Votes should mean something, and in Canada, that means a connection to a specific riding, which we shouldn’t take for granted.

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