Tag Archives: Afghanistan

Roundup: O’Toole wants intervenor status

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Yesterday morning, Erin O’Toole declared that he would seek intervenor status at the Federal Court in the dispute between the House of Commons and the Public Health Agency of Canada over the disclosure of classified documents. Apparently, he believes that he has a “distinct perspective” on the underlying issues raised by the case, which is…a bit novel considering that his press release was a partisan document that was not about legal arguments but rather about political calculus.

As a reminder, the process was triggered because under the Canada Evidence Act – which Parliament passed – says that when requests for secret or confidential documents are made to a government entity like PHAC, they must notify the Attorney General, and that triggered a process by which said Attorney General sought clarity from the Federal Court – does the Canada Evidence Act and its limitations supersede or otherwise restrict Parliament’s privileges in demanding documents and the production of papers as they see fit, given that they are ostensibly the highest court in the land. Plenty of people have tried to make this a partisan issue – O’Toole most especially among them – rather than a process where everyone is following the law, and the law conflicts with Parliamentary privilege.

I half-suspect that in this case, the Federal Court may not grant O’Toole standing, given that he has pretty much stated that this is going to be an attempt at electoral grandstanding inside of a court room, which the Court would be hesitant to do. Beyond that, his statement in the press release doesn’t actually make sense – the request to present the documents will die when Parliament is dissolved, and the special committee that demanded the documents ceases to exist. Beyond that, if he forms government, he won’t need to release the documents because he’d be able to read them in secret, thus eliminating the possibility that releasing them might compromise our Five Eyes obligations, or inadvertently compromise a foreign intelligence source (though I am not convinced this is a national security or intelligence issue, but rather more likely one of an RCMP investigation into policy breaches). Not to mention, the documents were released, both in a redacted form to the committee, and in an unredacted form to NSICOP, and the Conservatives want someone else to do the redacting who doesn’t have national security experience. I have a hard time discerning just what “distinct perspective” he has other than scoring points, given that the Speaker will be exercising his role in protecting the privileges of the Commons, and he doesn’t need O’Toole’s help for that.

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Roundup: We have a date for dissolution

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This is not a drill – the election call will be coming on Sunday, for an election date of September 20th – a thirty-six day campaign, which is the bare minimum and technically will take place entirely in the summer. But until that happens, you can expect a flurry of announcements later today – a child care agreement with Saskatchewan, probably a few more Senate appointments, possibly some more judges, and any other senior bureaucrats who need to be repositioned before the government goes into caretaker mode.

Of course, as this is taking place, case counts are once again starting to rise across the country, and we are officially at the start of a fourth wave – because of course we are. While we can expect to hear a lot of hand-wringing about this over the next week or so, I would expect that the bulk of rallies or events will be held outdoors over the course of the campaign, plus a lot more virtual events – after all, Erin O’Toole is renting out that studio space with its big screens to do just that, and I wouldn’t be surprised if other leaders have similar plans that they have not yet unveiled.

Also, because this will drive me insane for the next week, the phrase “drop the writ” is completely wrong. There is no single writ, and it does not drop. Once the Governor General signs the proclamation to dissolve parliament, the Chief Electoral Officer will draw up 338 writs – one for each election being held (because remember, an election is not a single event – it’s 338 separate but simultaneous elections). So don’t use a wrong phrase, and save yourself a scolding from me.

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Roundup: Questioning the housing numbers

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The Parliamentary Budget Officer released a report yesterday on the federal government’s programme spending on housing affordability, and I have questions, both on the report, and on the responses to it. On the report itself, I’m having a hard time seeing how this is necessarily within his remit, and not that of the Auditor General. This is not exactly fiscal or macro-economic analysis – it’s evaluating programme spending, which is the Auditor General’s job. (Once again, the PBO is not a “budget watchdog” or a “watchdog” of any kind, per his enabling legislation). This doesn’t appear to have been at the request of any MPs in particular, though this updates his 2019 report which was requested by an unnamed MP at the time, but again, not really his wheelhouse. “Providing economic and financial analysis for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability” is being taken a little too broadly.

The findings of the report are that the funds allocated to housing are being underspent, but doesn’t really delve into why, other than noting that some of the spending was related to having to renew bilateral agreements with provinces that were allowed to lapse in 2015, and that CMHC’s programmes have both faced “implementation delays” and that their shift toward funding capital contributions instead of affordability supports spread that funding out over the life of projects. Those “implementation delays” probably deserve a lot more exploration – the fact that municipalities in particular aren’t spending the dollars available fast enough because the projects are bottlenecked in their own jurisdictions (and Vancouver is most especially guilty of this) – and that’s a lot of what this report seems to be light on details about. Housing is largely a provincial responsibility, and aside from providing money, the federal government has very few levers at its disposal, and when municipalities can’t get their acts together, that’s not really a problem the federal government can solve.

As for opposition reaction, it was predictable in that it read the PBO’s topline and not much else. The Conservatives complained that the housing plans haven’t met their targets and that they need a plan that “gets homes built,” which again, is pretty hard to do with the very few levers available at the federal level. The NDP, meanwhile, accuse the government of dubious accounting and broken promises, as per usual, again based largely on topline figures and not the fact that many of the problems exist at the provincial and municipal levels. Federal dollars only go so far and can only wield so much influence, and these are details that matter when it comes to implementing promises.

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Roundup: Strings vs no strings for child care dollars

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Justin Trudeau was in Montreal yesterday to announce that Quebec would be getting $6 billion over five years for their part of the government’s national child care programmed – but that funding is coming without strings, and that has a few people a little worried. The reason it comes without strings is not because it’s Quebec and they get special treatment (though you’re going to hear that argument), but rather the fact that the province already has a subsidised child care programme for $8.50/day, and meets the federal criteria of their national programme – in other words, they already did the work.

This is where the political pressure within the province will come to play. Premier François Legault was saying that not all of that money will likely be reinvested into the system, but he does this at his own peril – while the province has a system that meets the federal criteria, it’s oversubscribed, and salaries for early childhood educators are considered too low, leading to staff shortages throughout. There is going to be pressure to ensure that the money goes toward fixing these problems – higher wages, training more staff, getting them into place so that the system can grow to meet demand over the next five years, but Legault seems to be underestimating the number of spaces on wait lists, which is why there is concern that the lack of strings will mean it won’t be spent to necessarily fix the problems.

Of course, this is where Alberta’s minister enters the picture and complains that they wanted the same deal – their portion of the federal funds without strings – and were rebuffed. Of course, there is no recognition that Quebec has the system in place that meets the federal requirements, and Alberta does not, nor does there seem to be any hint of recognition within the provincial government that these are investments that pay off in the long run as more women enter into the work force and generate tax revenues greater than what gets spent on those early learning and child care spaces. And given the experience from the pandemic, it’s more important than ever that they build this system.

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

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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.

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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.

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Roundup: Beware the lure of a pilot project

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You can bet that, as an election looms, that certain parties will start talking up Basic Income again (and this includes the Liberals, given recent party policy votes around it). We’re also hearing from a group of senators who want to push this in spite of evidence that it’s not the best way to go (and they have been vocally dismissing any dissent, no matter how expert). And a bill in the US about Basic Income pilots will add fuel to this particular tire fire. So with that, I turn it over to Dr. Lindsay Tedds, who was on the BC panel that examined the feasibility of Basic Income to break it down:

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But there’s a reason why these kinds of pilot proposals are popular, and that is politics. Alas.

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Roundup: The Languages Commissioner goes rogue

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We appear to have another Independent Officer of Parliament who has decided to go rogue, as the Commissioner of Official Languages, Raymond Théberge, has announced that he plans to investigate the nomination process that selected Mary Simon as Governor General, given her lack of French. There are, of course, a whole host of problems with this, starting with the fact that the GG is not a federal bureaucrat and is not included in the Official Languages Act. Her office in Rideau Hall is certainly subject to the Act, and there is no question it will operate bilingually, but Simon herself is not. Furthermore, she is appointed by the Queen on the advice of the prime minister, and the advice that he gets from his appointments committee (as problematic as the current structure may be) is non-binding.

Théberge, in that case, has decided that he’ll investigate the Privy Council Office for their role in supporting said committee and providing advice, which…is a stretch. A very, very big stretch. The whole sham investigation is already outside of his mandate, and more to the point, it is hugely colonial at that, and certainly not exactly befitting the stated goals of decolonization and reconciliation. (There is, of course, the matter of this government’s apparent hypocrisy in how it treated the appointment of Simon and how it treats the appointment of Supreme Court of Canada justices, but that is also not exactly something that Théberge could investigate).

Meanwhile, Philippe Lagassé enumerates these points, explains the role of convention versus legislation in these kinds of appointments, and most especially points to the fact that Théberge might want to better familiarize himself with the Constitution, given that the appointment didn’t violate any Act of Parliament. What a gong show.

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Roundup: Ford’s eagerness to please

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The Star had a very interesting, if very infuriating, longread out yesterday, which charted the ways in which Conservative-affiliated lobbyists impacted on the decisions that Doug Ford made over the course of the pandemic – the laundry list of exemptions that kept growing by the day, the fact that the long-term care industry has insulated itself from any and all accountability and is getting their licenses renewed as if the deaths of thousands of seniors aren’t on their hands, the illogical restrictions for small retail but not box store, right up to the illogical closure of playgrounds.

The piece was illuminating not because of the look at lobbying – all of which is legal, above-board, and not the same as we’d understand from an American context of the cartoonish Hollywood portrayals – but rather because of what it shows us about Ford himself. He’s someone out of his depth – his sole experience was a single term as a junior city councillor while he brother was mayor – who was not only struggling to understand his job, but who also has a pathological need to be liked, and to be seen to be doing favours for people he knows. People like these former Conservative staffers and operatives who are now in lobbying firms. It less that these lobbyists are cozy with the provincial Progressive Conservatives – it’s that Ford wants to please them and do them favours because he knows them. That’s why the pandemic in this province turned into such a clusterfuck – because Ford needed to please the people he felt close to.

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Roundup: Nova Scotia makes two for child care

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Prime minister Justin Trudeau and Iain Rankin, premier of Nova Scotia, announced yesterday that Nova Scotia was now the second province to sign a new childcare agreement with the federal government under the dollars allocated in Budget 2021, and that it would transition the province to halving current fees by next year, and reducing them to the goal of $10/day by 2026, with commitments along the way for those five years. And crucially, there are federal funds going toward training new early childhood educators, as well as to improve the post-secondary programming around ECE, which are important considerations for expanding the system, especially as one of the federal government’s criteria for that expansion is quality of care.

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This makes it two provinces down, both of them with non-conservative premiers, and it’s speculated that Newfoundland and Labrador will be next. Alberta claims to be “negotiating” around things like flexibility, but there is a bit of a red herring in there – nothing precludes the province from creating additional, more flexible spaces outside of the federal parameters if they feel they need it, but trying to insist this is about “choice” is a false dichotomy – there can be no actual choice if there is only constrained choice available. In other words, it’s not a real choice if there are no spaces available, and the federal government has long recognized that we have a supply-side problem, which is what they are trying to address. Opposing the federal plan because you claim it’s not flexible enough is, frankly, an abdication of responsibility.

The Conservatives, meanwhile, put out an extremely bizarre “backgrounder” yesterday to claim that the Liberals never meet their promises on childcare, and it was both strange and dishonest. Strange in that this is the kind of thing you’d expect to have an NDP header on it and not a Conservative one, but dishonest because they killed the gods damned system that was in place in 2006. Seriously – Paul Martin’s government had signed agreements with all of the provinces in 2006, and money for the first year was starting to flow when the NDP teamed up with the Conservatives and brought the government down, killing the childcare system that had just been established, because the Conservatives preferred to send $100/month to families instead – because “choice.” Oh, and they created tax credits for new childcare spaces, which created approximately zero of them. They vehemently opposed childcare, and still do, so for them to try and say the Liberals haven’t kept their promises when they actively worked against them and killed the programme that was created is just galling.

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Roundup: Speculating about normal activities

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As there are only three narratives available to mainstream journalists in this country, and the first of those is speculating about an early election, that’s what we got a lot of over the weekend. Yes, it is looking more likely these days, but eventually this starts looking like a self-fulfilling prophecy more than anything else.

To that end, we got an examination of the electoral considerations that each of the main party leaders is hoping to access in BC, and why they have focused so much attention there over the past week. We got an examination of how pre-writ advertising limitations don’t apply to early elections under the current legislation – though nobody is pulling the trigger on early ads just yet anyway (especially not when TikToks and social media shitposts are free). And there was a state of play when it comes to conservative premiers around the country and how much of a fight they’ll manage to put up against Trudeau if and when an election comes, considering how badly wounded most of them are at this point.

Now, as for the summer tours and announcements that the leaders have been on, apparently much of the media either has amnesia, or they’re being wilfully blind to history because they have a narrative to maintain. While some of these tour activities may be electioneering, but this is also typical after the Commons rises for the summer – leaders always head out across the country, and there is a pent-up desire to do so after some sixteen months of public health restrictions related to the pandemic. Not to mention, the budget has just passed, and the government wants to spread the good news and largesse, which happens every year, election or not. So while I can understand why my fellows in the media want to put everything in the election speculation box, these are also the same things that happen every other normal year, so maybe – just maybe – we should cool it a little until we get some actual signs that Trudeau is going to march over to Rideau Hall to demand a dissolution. And maybe we should ban the phrase “campaign-style” for the time being (maybe permanently), because it’s starting to look embarrassing.

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