Tag Archives: Trans Mountain

Roundup: Federal Government 2, Provinces 0

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It was not a surprise that the Ontario Court of Appeal told Doug Ford to go pound sand with regard to its objections to the federal carbon price, which is exactly what they did in a 4-1 decision, affirming the Saskatchewan decision that the price is not a tax but a regulatory charge, and that it’s not unconstitutional. Ford, predictably, vowed to take this to the Supreme Court of Canada, and given that they agreed to hear the Saskatchewan case, it’s likely these two will be heard together, where you can pretty much bet that the majority of the judges there will tell Moe, Ford, and the likes, to similarly go pound sand. As for the dissenting judge on the Ontario panel, well, he has a pretty interesting history of his legal philosophy, and was unusually appointed directly to the Court of Appeal from his being a law professor.

Meanwhile, here’s some analysis, with threads by Andrew Leach, plus Lindsay Tedds on the whole tax/regulatory charge difference.

https://twitter.com/EmmMacfarlane/status/1144686800348340226

https://twitter.com/EmmMacfarlane/status/1144687790367674368

https://twitter.com/cmathen/status/1144706969493749761

https://twitter.com/cmathen/status/1144708330037874692

Meanwhile, the BC government’s lawyers were in Alberta court on Friday to argue for an injunction against the province’s blatantly unconstitutional “turn off the taps” legislation now that it’s been proclaimed, likening it to a loaded gun that they don’t want to go off accidentally. The hitch, of course, is the question of whether BC has standing to go to Alberta court over the case, so we’ll see what the judge decides there.

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Roundup: Solidifying the “new” Senate

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Another day, another badly executed wrap-up article on the Senate, this time courtesy of the CBC, which again, has a badly misleading lede in which it claims that “Legislative changes that would have made it harder for a future prime minister to reverse Senate reforms have fallen through.” This is wrong – any changes to the Parliament of Canada Act that the government was contemplating would have had zero effect on the selection process for future senators. Why? Because that’s not governed by that Act, or indeed any piece of legislation – it’s part of the constitution, and clearly spelled out as a prerogative of the Governor-in-Council, meaning the prime minister and Cabinet will advise the Governor General as to who gets appointed. There is nothing that Trudeau could do to bind that advice legislatively – recall the Senate reform reference to the Supreme Court of Canada – that would require a constitutional amendment requiring seven provinces with fifty percent of the population to do.

What would changes to the Parliament of Canada Act regarding the Senate do? The actual proposals were to ensure that leaders of any parliamentary group in the Senate would get commensurate salary increases and resources to put them on par with the what is nominally the government and official opposition in the Senate, and the ISG has been pushing for this pretty hard, but they also were demanding to be part of consideration for vote bells, though I’m not sure why it would matter (particularly given that they have demonstrated time and again that they’re not reliable negotiating partners). But I also suspect that part of the reason why these changes didn’t get proposed was because there is some legal opinion that it would require some kind of buy-in from provinces to make this kind of change, so there was likely little time for the government to add this ball to all of the other ones they were juggling that late in the parliamentary calendar (despite the cries of the ISG). Of course, this hasn’t stopped the media from falsely framing these changes as affecting the selection process, as this has been cited by more than one reporter from more than one outlet, and it’s false.

The rest of the story is again more of the same voices opining on how great the “new” Senate is working, but we fortunately got a bit of pushback from Liberal Senator Lillian Dyck, who did point out that the lack of organisation among the Independents has held up bills and slowed down the process – and she’s right. But nobody wants to talk about that as they’re busy patting themselves on the back for “not being whipped.” There’s more to the Senate than that, and they need to get off this self-congratulation because things aren’t working as well as they like to claim.

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Roundup: Resurrecting sham “elections”

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As part of his ongoing fit of pique against the federal government, Alberta premier Jason Kenney has decided to revive one spectacular bit of political bullshit theatre that some of us had hoped was now dead and buried – the sordid practice of Alberta’s “consultative elections” for senators. The whole notion is unconstitutional, and while the Supreme Court didn’t explicitly rule against the provinces setting up their own “elections” as part of the Senate reference, it was certainly implicitly in there, both in the notion that a consultative “election” creates an expectation of legitimacy, but the logic behind it was also completely blasted during the hearing, when Justice Thomas Cromwell asked if a consultative election is fine, why not a consultative auction? Not to mention that the entire election process in past elections has been little more than the electoral equivalent of a show trial – a sham that resembles electoral democracy but is simply designed to return only candidates from a certain party to then form an illegitimate demand that they be appointed. Kenney’s attempt to say that this gives them “accountability” is ludicrous on its face because they don’t face re-election, so there is no actual accountability that can be exercised. The whole farcical exercise has more in common with the sham elections held in communist countries than it does with the actual electoral practices in the rest of Canada, and the fact that Kenney is looking to resurrect this demented kabuki is just more of his campaign of snake oil and lies whose only point is to keep stoking the irrational anger of Albertans and hoping that it won’t blow up in his face. It inevitably will, however, and the whole country will pay the price for Kenney’s arrogance in believing he can manage the monster he created.

In other news of Kenney’s political bullshit theatre, his piece by Chris Turner dismantles the whole raison d’être of Kenney’s so-called “war room,” by pointing to the literal conspiracy theories that underpin the whole thing, and the mythology that Kenney is trying to spin around why capital has left Alberta’s energy sector. And it’s complete myth, but it gets repeated uncritically constantly, and it goes unchallenged by the media, and yet Kenney is creating this $30 million spin machine to further reinforce this mythology and conspiracy theorism, because again, it feeds the anger of his base, telling them that it’s not the fault of the world price of oil that their fortunes have changed, but rather that it’s the sinister forces of dark foreign money that is really behind it all. Without putting too fine of a point on it, this is the kind of thing that fuels the kinds of populist movements that breed fascists. But Kenney doesn’t care, because he thinks he can control it.

Meanwhile, Kenney has suddenly changed his story about the incident where he handed out earplugs during that debate in the Alberta legislature, and it’s gone from it being “light-hearted morale-boosting” to “one of my MLAs has tinnitus and was being shouted at,” which the video clearly didn’t show, and it’s just one more example of Kenney’s smile-and-lie show that he puts on for media interviews, and you can’t help but feel sorry for the interviewers because trying to disentangle his egregious lies is a Sisyphean task.

https://twitter.com/EmmaLGraney/status/1142194069902364680

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Roundup: A real climate sham

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Andrew Scheer unveiled his long-awaited environmental plan yesterday, citing that it was a “real plan” because it was longer than the other parties’…but that was about it. After he listed a bunch of lies about the current Liberal plan, Scheer kept saying that carbon pricing didn’t do anything, which is both factually incorrect (as proven by peer-reviewed work), but it also completely ignores that the current plan hasn’t had a chance to sufficiently bend the curve. By removing carbon pricing from the market and instead forcing companies who exceed their emissions to caps, it is actually even less of a market-based plan than the Liberals’ plan, and there are no specifics in how any of it would work. Promising technological solutions without price signals to spur their development is just like counting on magic to lower emissions. It’s also like Scheer’s complete lie that this plan won’t cost Canadians – it will cost them, but those costs will be passed onto them and hidden, whereas the carbon price is transparent so that people can make better choices. Scheer also claims that his plan would have the best chance of meeting the Paris targets – without actually having targets, or articulating how they would be achieved. It’s replete with a bunch of boutique tax credits that are inefficient, and is generally a bunch of language that does very little. How he claims this is a “real plan” is somewhat of a farce.

And then there’s the global component, where Scheer says that Canada should be lowering global emissions by exporting “cleaner” Canadian energy like LNG – err, except that would grow Canadian emissions, and yet he wants us to get credits for those exports. And he says that China should use Canadian carbon capture and storage technology – except it’s hugely expensive, and is not really feasible unless you’re pricing carbon (not to mention that if the storage is not done properly, it can simply all be for naught). And Canada still has some of the highest per-capita emissions, which Scheer conveniently ignores in his arguments.

Amidst this, Scheer’s apologists are saying “it’s good that they’re admitting that climate change is real!” or “Look at how far the Conservatives have come since 2008!” Except that’s all spin. They can say they believe in climate change, but they also say that Canada’s contribution is so small that we shouldn’t do anything about it. Scheer and others tried to burnish themselves with the environmental reputations of previous conservative governments, except the old Conservative party is dead, and the current one is engaging in some egregious political necrophilia to cover for their own weakness. That those apologists could say these things with a straight face on television is astounding.

https://twitter.com/robert_hiltz/status/1141470545130729473

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QP: One last “PMQ”

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It promised to be the last big show of the 42nd Parliament, with all of the leaders present for one last time. Andrew Scheer led off in French, worrying about the start date for the Trans Mountain expansion, studiously ignoring the Federal court of Appeal decision that revoked the permit. Justin Trudeau reminded him that Stephen Harper didn’t get any pipelines to new markets, while he ensured they got proper buy-in from Indigenous communities. Scheer switched to English to repeat his disingenuous lines, and Trudeau repeated that the only way to build energy projects was to work in partner with Indigenous people. Scheer got increasingly breathy as he accused the government of trying to phase out the energy sector, to which Trudeau replied that the Conservatives won’t take yes for an answer, and that they were succeeding in what the Alberta energy sector had asked for. Scheer shouted about all the things he would do to build pipelines and said the prime minister couldn’t get things done, and Trudeau calmly replied that the Conservatives still don’t understand why they failed the economy for ten years. Scheer rose one last time to assure Trudeau that a “real plan for the environment” would come at five o’clock, before he switched to some scattershot condemnation about the Liberals protecting corporate interests, and Trudeau listed off all the things that Scheer didn’t get about the environment. Jagmeet Singh was up next, and in French, he demanded the government spend on green projects instead of pipelines, and Trudeau took up a script to list off all of the measures they have taken to help the environment. Singh, in English, declared that the TMX would generate no profits — which is news to everyone — and he decried the government not protecting the environment. Trudeau picked up the English version of the script to list the measures that they have taken. Singh flailed around about measures for the environment, and Trudeau reiterated his previous response without a script, before he put it back to Singh that there were Indigenous communities supported the project. Singh switched to French to worry about the project some more, and Trudeau raised the fact that the pipeline was more responsible than moving oil by rail.

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Roundup: TMX is go

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It wasn’t unexpected that the Trans Mountain pipeline expansion was given the green-light by the government, with assurances that there would be construction this season – but there are still details to come. More accommodations were made as part of their Indigenous consultations, and it sounds like there may be more details to be ironed out, particularly around one First Nation who is concerned about the pipeline traversing their aquifer. More than anything, however, Trudeau made it clear that any profits from this pipeline – which could be $500 million per year – would go toward clean energy projects. (It also needs to be said that Trudeau came and faced the media for this announcement – something Harper never did with Northern Gateway).

https://twitter.com/andrew_leach/status/1141060718743048192

None of this was good enough for Trudeau’s critics, however – Andrew Scheer made up a bunch of nonsense about how the government failed to get the project moving until now, Jagmeet Singh flailed about how this was contrary to climate goals, and Elizabeth May was in high dudgeon about how this made a mockery of all other climate actions (never mind the fact that oil would flow by rail without this pipeline, and this actually reduces emissions overall – crazy, but true). John Horgan promised to keep fighting the pipeline, while Jason Kenney promised to keep fighting every other environmental measure.

And then the hot takes – Aaron Wherry enumerates why this pipeline is the compromise that it is. Chantal Hébert doesn’t think that this approval will be the political problem that some think it will be. Jody Wilson-Raybould isn’t a fan of the approval, for what it’s worth. Don Braid waxes about how this entrenches the view of Alberta as a “resource bucket to pay for national dreams.” (Erm, isn’t that exactly what Kenney and company keep selling?)

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QP: Juvenile attributions

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While Justin Trudeau had promised to be present for one of the final QPs of this parliament, he was absent as things got underway, while Andrew Scheer was also absent (though he too was also in town). Lisa Raitt led off, demanding a start date for the Trans Mountain pipeline expansion, to which Patty Hajdu said that there was more to come shortly. Raitt gave a homily about all of the people she spoke to who didn’t believe the pipeline would happen before she repeated her demand, and Hajdu went on a tear about all the things the Conservatives didn’t get done before repeating that they would have more to say soon. Raitt railed that nobody believes the government, but it didn’t change Hajdu’s answer. Gérard Deltell took over in French to repeat the demand, letting Hajdu go on a paean about how her government respects workers. Deltell tried one last time, disingenuously ignoring the Federal Court of Appeal decision, and Hajdu repeated her previous response one last time. Jagmeet Singh was up next, and in French, he lamented that the TMX would not do anything for the environment or Indigenous rights, to which Catherine McKenna got up to lament that the Conservatives didn’t vote for the motion on the climate emergency. Singh switched English and flailed about fossil fuel subsidies before demanding action on climate instead of symbolism, to which McKenna listed actions the government has taken. Singh then lamented the national housing strategy as not being ambition enough, to which Goodale said that the without their government, housing funding would have been cut otherwise. Singh flailed a bit more to repeat the question in French, and Goodale reiterated his response.

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Roundup: It’s TMX Day

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

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

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

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QP: In the shadow of the Raptors parade

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With all three main party leaders at the Raptors parade in Toronto, Trudeau eventually addressing that crowd, it was up to Candice Bergen to lead off today, and she complained that the government just didn’t want to build any pipelines, even though they are due to approve the Trans Mountain expansion in just days. Amarjeet Sohi responded that they have ensured that pipelines are being built, and that they have concluded their consultations on TMX. Bergen demanded a date for when the TMX would begin construction, and Sohi dodged with a reminder that the Conservatives didn’t get any pipelines built to non-US markets. Bergen gave it another go, and Sohi reminded her that they had undertaken meaningful consultation. Gérard Deltell took over in French, lamenting that the Liberals wanted to kill the energy sector, to which Sohi found it regrettable that the Conservatives didn’t have any confidence in the sector. Deltell demanded a start date for TMX construction, and Sohi replied that Conservative actions didn’t demonstrate their own support of the project. Peter Julian was up next for the NDP, and he railed that there was no business case for TMX, and Sohi replied that the NDP didn’t understand the economy or the environment. Pierre-Luc Dusseault repeated the question in French, to which Sohi reminded him there is a diversity of opinion among First Nations along the route. Dusseault then demanded a wealth tax, per the NDP’s new policy platform, to which Bill Morneau reminded him of their Middle Class™ tax cuts and how the average family is now $2000 per year better off than under the previous government. Julian repeated the demand in English, and got much the same response.

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QP: Condemning Kenney’s threats

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Justin Trudeau was present for the first time in almost two weeks today, while Andrew Scheer was again absent. Lisa Raitt led off, worrying about the amendments to Bill C-69 from the Senate, and raising the letter from Jason Kenney and company threatening national unity if they don’t pass. Trudeau stated that they welcome the suggestions from the “independent” Senate, but said that a premier threatening national unity if he doesn’t get his own way needs to be condemned. Raitt said that Trudeau thought he was above the premiers, and Trudeau stated that he meets with premiers unlike Harper, but returned to his condemnation of the threats to national unity. Raitt worried that Trudeau was bringing on a constitutional crisis, and Trudeau reminded her that one of those amendments would make Indigenous consultations optional, which was not the way to move forward. Alain Rayes took over in French, and he demanded respect for premiers. Trudeau reiterated in French that he has worked with premiers, but Conservative premiers who threaten national unity needs to be condemned. Rayes claimed that the PM was attacking premiers at every opportunity, and Trudeau reiterated his response. Jagmeet Singh was up next, and he repeated his demand from yesterday to impose a price cap on cell phone companies, to which Trudeau picked up a script to list measures that the government has taken which means lower bills in regions where there is more competition. Singh repeated the demand in French, and Trudeau read the French version of his script in response. Singh then painted himself as brave enough to stand up to telecom companies, and repeated his demand, to which Trudeau extemporaneously assured him that the government was making investments to improve connectivity, including in rural areas. For his final question, Singh quoted a news story where a Liberal MP’s law firm may have been involved in a money laundering transaction, to which Trudeau read from a script about the task force they set up to deal with money laundering.

https://twitter.com/davidakin/status/1138511571515301888

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