Roundup: No, fixed election dates don’t give the GG unconstitutional powers

The “debate,” if you can call it such, over Jagmeet Singh’s decision to undermine Her Excellency Mary Simon by publicly writing her and telling her to refuse the advice of the prime minister who commands the confidence of the Chamber just got more ridiculous, as Andrew Coyne decided to weigh in yesterday (and no, I’m not going to link because hate clicks are still clicks). Coyne contends that the fixed election date law empowers the GG to turn down such a request, and “proves” it by quoting testimony from former justice minister Rob Nicholson at the Senate committee.

No. Just…no.

The logic in Coyne’s argument can’t hold because the Governor General’s role in accepting the advice of the prime minister who enjoys the confidence of the Chamber is the very basis of our constitutional framework under Responsible Government. The only discretion she might have over dissolution is when a request is made shortly after an election – that’s it. Nothing a simple statute, like the fixed election date law, can change a constitutional element, and there is jurisprudence to back this up, particularly the doomed attempts at trying to get the courts to uphold the fixed election date legislation, which they dismissed (including the Supreme Court of Canada). Fixed election date legislation is an empty shell – a bit of theatre and attempt to Americanise our system, and is antithetical to how Westminster systems operate – it shouldn’t be on our books as a result. There is no way that it could empower the GG to do away with constitutional norms to refuse dissolution, and if she did refuse, the prime minister would be obligated to resign, and we’d be in an election regardless. It’s ridiculous and wrong to suggest otherwise.

https://twitter.com/EmmMacfarlane/status/1422914814494584833

https://twitter.com/EmmMacfarlane/status/1422925735472271369

What is even more ironic about this whole situation is that Jagmeet Singh and Coyne himself will often rail that the “undemocratic Senate” shouldn’t be allowed to exercise their constitutional powers to veto legislation, and yet they are demanded that an appointed Governor General exercise powers that she doesn’t actually have under the constitution. It’s bizarre, and it’s a lot of bullshit masquerading as principle.

Continue reading

QP: The documents have been sent to NSICOP

It was one of those days in the Chamber where the benches seemed particularly thin, and once again, only Mark Gerretsen was present for the Liberals. Erin O’Toole led off, script on his mini-lectern, and wanted a new commitment to the Calls to Action from the Truth and Reconciliation Report around the graves around former residential schools, and Mark Miller assured him they are working with communities so that they can come up with their own processes and that the federal government was there to support them and with funds when they were ready. O’Toole repeated in French, and Miller gave him the same answer. O’Toole then switched back to English and the issue of the National Microbiology Lab, raising redacted documents that have been released to date, tying it to the lab in Wuhan, for which Patty Hajdu assured him that they were cooperating with any investigation and that the correct place for Parliament to deal with the matter was NSICOP, which has been provided with documents. O’Toole insisted that they weren’t being given enough to hold government to account for a security breach, but Hajdu repeated her assurances with a warning not to play games with national security. O’Toole repeated the calls in French, and Hajdu repeated herself.

Alain Therrien led for the Bloc, and demanded that Quebec’s Bill 101 be extended to federally-regulated workplaces, and Mélanie Joly gave her assurances that they would ensure that French would be a language of work and service. Therrien wanted government support for their bill to make the extension formal, but Joly deflected with talking points about the government’s forthcoming Official Languages Act reforms.

Jagmeet Singh rose for the NDP, and in French, demanded support for their Supply Day motion on ending litigation around Indigenous children — litigation that is about a bad precedent by the Tribunal and not the compensation order. Miller assured him they were working toward proper compensation. Singh repeated the question in English, and gave a more clear response on the substance of the action around the jurisdiction of the Tribunal, and that discussions around compensation are ongoing.

Continue reading

Roundup: A flawed way to fix the CRA’s mistakes

Remember the issue with self-employed Canadians applying for CERB, and being told they were eligible for gross income only to later be told that no, it was really net, and they may have to repay it? And then the government came to the realization that they were going to find themselves in serious trouble (such as a class action lawsuit) if they didn’t change course, and let those CERB payments go ahead? Well, for the people who made repayments, they can get that money back – but they have to apply for it. And that becomes the real trick.

With that in mind, here is Jennifer Robson raising some concerns with the whole thing, because CRA is not doing this very well. And that could be a problem for some of the people this is supposed to have been helping in the first place.

Continue reading

QP: Weaselling over the Port of Montreal strike

For Monday, there was but a single Liberal on the government benches, and if you guessed that it was Mark Gerretsen, you’d be right. Candice Bergen led off in person, and she raised the testimony last week that the prime minister’s chief of staff knew about the allegations against General Vance. Harjit Sajjan told her that he followed the same process that Erin O’Toole did when he was in Cabinet and heard rumours about Vance that he wanted investigated — which may not be the slam dunk Sajjan may think it is. Bergen then raised the problem of people flying into the US and then driving over the border, which was allowing variants to spread. Omar Alghabra listed the measures, particularly around air travel, that had been implemented, and quarantine measures. Bergen said that Alghabra wasn’t understanding that people were landing in the US and driving up to the border to avoid hotel quarantines, and Alghabra stated that people still need tests before they fly into the US and upon landing. Gérard Deltell took over in French, lamented that the prime minster said he had no regrets over the handling of the pandemic, and demanded more rapid tests, for which Patty Hajdu reminded him that they delivered over 25 million rapid tests to provinces. Deltell railed at the fact that the government seemed to be blaming the provinces and demanded more rapid tests at the border, and Hajdu reminded him of their measures to date, and that they are working with provinces and territories. 

Alain Therrien led for the Bloc, and blamed the federal government for the strike at the Port of Montreal and stated that the government hadn’t sat both parties down (erm, pretty sure federal mediators have been involved), and Pablo Rodriguez reminded him of the importance of the port to all of Quebec. Therrien accused the federal government of dragging their feet on every labour dispute, and Rodriguez hit back accusing the Bloc of not being there for Quebec.

Jagmeet Singh was up for the NDP, and in French, he raised the death of a thirteen year-old over the weekend and demanded more federal action on the pandemic, to which Carla Qualtrough reminded him of federal supports available. Singh amped up his indignation in English, demanding paid sick leave and more vaccinations to hardest hit areas — both of which are provincial jurisdiction — and Qualtrough reiterated that they are doing what they can to get things like paid leave to people who need it.

Continue reading

QP: The 2015 or the 2021 Justin Trudeau?

For Wednesday, proto-PMQ day, the prime minister was finally present for the first time in the week, and he was accompanied by three other Liberal MPs, all of them men. Erin O’Toole led off, script on mini-lectern, and he quoted Justin Trudeau in 2015 calling for then-chief of defence staff General Tom Lawson’s resignation after comments he made about sexual misconduct, and wondered why the same Trudeau did not demand the resignation of General Vance when allegations were raised in 2018? Trudeau merely read a prepared statement about them taking it seriously and ensuring that they are followed up on, and that the changes they are making in the Canadian Forces need to go further, which they are committed to. O’Toole was not mollified and tried again, and this time, Trudeau said that they allegations were directed to independent authorities and they didn’t get enough information to go on. A third time got the same answer, that his office was aware of the direction of the ombudsman to authorities, but no more. A fourth time, this time wondering why Vance’s term as chief of defence staff was extended, and Trudeau repeated his answer. For his final question, O’Toole switched to French to ask why the government was allowing second doses to go up to 40 days in spite of pushback from Pfizer, for which Trudeau reminded him that they listen to science and that the vaccine task force is independent from government. 

Yves-François Blanchet was up for the Bloc, wondering why the government wasn’t increasing supports for all seniors, to which Trudeau reminded him that they did increase the GIS across the board and they have supported seniors. Blanchet complained that seniors’ purchasing power has been diminishing, to which Trudeau listed supports they have given seniors during the pandemic.

For the NDP, Jagmeet Singh appeared by video, and in French, complained that certain documents were only tabled in English, which was treating French as a second-class language.  Trudeau rejected the characterisation, and reminded him that they have been producing millions of documents and are moving as fast as they can. Singh switched to English to demand that long-term care be made non-profit across the country, and Trudeau recited the actions they have taken to help seniors.

Continue reading

Roundup: Zero doses mean new histrionics

News hit yesterday morning that some of those Pfizer shipments will be a little less than anticipated – namely zero doses, which had a bunch of people in a panic. Making things worse is the fact that some European countries will still get some doses while Canada isn’t getting any, which has even more people in a tizzy (never mind that most of those countries are far behind Canada in terms of their own vaccinations, while our provinces can keep on rolling out second doses). Ontario premier Doug Ford went on television to say some boneheaded things, including a public appeal to Joe Biden to send Ontario a million doses out of the goodness of his heart, and the media cycle went into full distraction mode.

Never mind the assurances from Justin Trudeau, Anita Anand, or Major-General Dany Fortin that with their retooled production lines, Pfizer would be able to deliver more doses faster in February to catch up with the missed shipments and keep the contracted doses for the end of the first quarter, no, the opposition parties all demanded serious accountings and timelines, as though this government could provide them – especially in light of just how fluid this situation has proved to be, and the fact that the zero-doses notice came that morning.

Something else I found a bit off-putting throughout this was media personalities trying to demand that the prime minister personally get on the phone with the CEO of Pfizer to demand that something must be done. I fail to see what this could possibly accomplish other than the theatrics of hysterically demanding, nay, weeping into the phone in desperation as though that were the key to making Pfizer’s retooling happen faster, or more doses appearing by magic, because apparently, we deserve them more than countries who are further behind in their vaccinations than we are – but that seems to be what everyone is demanding. We have become so inundated with pandemic theatre, with demands that won’t meaningfully have any impact, or dramatically introduced half-measures that aren’t doing enough while infections continue to climb. To demand more theatre seems to me to be an indication of the state of debasement we find ourselves in, but when all you worry about is optics over substance, then I suppose it makes a certain amount of twisted logic.

Continue reading

QP: Eight questions to get an answer

While the prime minister was meeting with the premiers over Zoom to hear their demands for more health transfers, his deputy was in the Chamber for QP. Erin O’Toole led off, script on his mini-lectern, and he demanded to know why the deputy prime minister pushed for a military training exercise with China, to which Chrystia Freeland read a statement about the two stolen years of the two Michaels, who remain in Chinese detention. O’Toole was not mollified, to which Freeland very slowly and measuredly stated that she has experience reporting on authoritarian regimes, and their priority is the release of the two Michaels. O’Toole raised CanSino before he continued to thunder about the joint training exercise, but Freeland stuck to the CanSino point and chided that O’Toole was worked up about vaccines because he has spent weeks trying to create a panic when he should focus on the anti-vaxxers in his own party. O’Toole tried again about the military exercise, and Freeland stuck to repeating about demanding that the Chinese government release the two Michaels. O’Toole gave it one more shot in French, and she repeated that they take authoritarian regimes seriously. Mario Beaulieu led off for the Bloc, and he once again demanded that Quebec’s Bill 101 to federally-regulated industries, and Freeland calmly stated that the government is aware of the “fragility” of the French language in Quebec and Montreal and they will be happy to work on the protection of French. Beaulieu tried again and for the same answer. Jagmeet Singh was up next for the NDP, and in French, he demanded increased health transfers for the provinces, to which Freeland reminded him that they had transferred billions to the provinces. Singh switched to English to decry the CRA’s letters to the self-employed around the CERB, and Freeland stated that the letters are only about verification, not a demand for repayment.

Continue reading

QP: Magical vaccine production facilities

Things got off to a slightly late start, as new MPs Marci Ien and Ya’sra Saks took their seats for the first time, led in by Justin Trudeau as their party leader. When QP got started, Erin O’Toole led off with his script on his mini-lectern, where he returned to yesterday’s same panic about vaccine delivery. Trudeau read some talking points about the vaccine portfolio, and stated that they were working with experts on the roll-out plan. O’Toole was not mollified and tried again, and got much the same response. O’Toole then worried that Trudeau wouldn’t ensure that a vaccine would be approved in short order, but Trudeau didn’t bite, and merely noted that three candidates were under review by Health Canada. O’Toole then switched to French to demand the vaccine plan be made public, to which Trudeau again praised the vaccine portfolio before noting that they are working with the provinces to deliver them. O’Toole then pivoted to official languages, to which Trudeau attacked him for not committing to only appointing bilingual Supreme Court judges. Yves-François Blanchet was up next for the Bloc, and he insisted that Quebec could have somehow produced the vaccine before we get doses from abroad, to which Trudeau returned to his points about the vaccine portfolio. Blanchet then demanded harmonised approval for the vaccine with other jurisdictions, to which Trudeau spoke about investing in science after years of neglect. Jagmeet Singh was up next for the NDP, and he asked why the National Research Council couldn’t make the vaccines, to which Trudeau reminded him that they won’t be able to get up and running until next summer. Singh started to repeat the question and then, knowing he got an answer, started to veer into demanding the plan, to which Trudeau thanked him for reading the press release but noted that he didn’t read the whole thing, and that the facility was still under construction.

Continue reading

QP: A chance to quote Oscar Wilde

While the prime minister had committed to being at QP today, he was not in the Chamber — apparently deciding that he needs to set an example for Canadians by working from home. Erin O’Toole led off, script on mini-lectern, and he lied about what Chrystia Freeland said about Canada’s vote at the UN on a motion that some considered anti-Israel, falsely claiming that she compared it to an authoritarian regime. Justin Trudeau, appearing by video, said that the vote was about the right of self-determination for both Israelis and Palestinians. O’Toole tried again, raising former Liberal MP Michael Levitt’s objections to the vote before he repeated the slander against Freeland, to which Trudeau repeated his explanation of the vote. O’Toole then changed topics and claimed that the prime minister “admitted” that Canada would be behind other countries in procuring the vaccines, to which Trudeau stated that Canada has the best vaccine portfolio in the world, and that things are still up in the air in terms of which vaccine will be first to get approval. O’Toole repeated the question in French, got the same response, and then O’Toole claimed that the Americans would start getting the vaccine “in weeks,” and got much the same response. Yves-François Blanchet led for the Bloc, and repeated the same accusation of later delivery of vaccines, to which Trudeau reminded him that Canada doesn’t have the ability to mass produce vaccines which is why they negotiated broader sourcing. Blanchet was not mollified, and accused the government of lecturing the provinces, to which Trudeau insisted that they were not lecturing, but working with them. Jagmeet Singh was up next for the NDP, and in French, he also repeated the allegation that Canadians would be forced to wait for vaccines, and Trudeau repeated his rehearsed points about our vaccine portfolio and the need to flatten the curve which is why they provided rapid tests and PPE for provinces. Singh repeated his question in English, and Trudeau reiterated that they were working with provinces to ensure a seamless rollout.

Continue reading

QP: Taking the Chinese menace seriously

It was Tuesday, and all leaders were present for a change. Erin O’Toole led off, script on mini-lectern and he demanded that the government start imposing sanctions on China, given that this was the subject of their Supply Day motion that is being debated in the Commons during the rest of the day. Justin Trudeau picked up a script to read that we have a complex, multi-dimensional relationship with China, and that Canada speaks out for human rights. O’Toole worried about Chinese agents entering the country posing as students, to which Trudeau stated that security agencies do a good job, and that most of this work doesn’t show up in the newspaper. O’Toole mentioned Huawei before demanding more stringent measures to protect Canadians from Chinese agents, to which Trudeau led a list of measures that have been taken. O’Toole switched to French to demand that Huawei be banned from the 5G network, to which Trudeau read a script about the work they were doing to ensure safety. O’Toole then demanded a modernisation of the Official Languages Act, to which Trudeau insisted that they were concerned about the decline of French, which is why they committed to modernising the Act in the Throne Speech. Yves-François Blanchet was up for the Bloc, and he lamented a statement made by the heritage minister about freedom of expression, to which Trudeau assured him that they take it very seriously. Blanchet raised the concerns about “censorship” at Radio-Canada over what appears to have been a warning over a sketch that included Blackface, to which Trudeau reminded him that they don’t direct Radio-Canada. Jagmeet Singh was up next, and in French, he groused that his party’s motion on wealth and excess profit taxes was voted down, for which Trudeau reminded him that their first action as a government was to raise taxes on the one percent, and that the NDP voted against it. Singh tried again in English, naming the Weston family in particular, and Trudeau repeated his answer.

Continue reading