Roundup: Less helpful suggestions to fix QP

At this time of year, we’re starting to see a number of reflective pieces about the state of our democracy, and over on The Agenda, they gave a thinkpiece about the state of Question Period in advance of an episode on the subject. While the piece is geared toward the state of things at Queen’s Park, there is applicability to Parliament, and the suggestions that the polisci prof that they cite in the piece makes don’t really offer anything constructive, in my opinion.

For example, he wants more questions from more members and no supplementals. I disagree, because if we were running things properly, supplementals offer decent back-and-forth exchanges where you can get better accountability by drilling into answers (or non-answers) provided. And as demonstrated in Parliament, especially on Fridays, just having more MPs asking questions doesn’t necessarily improve things because they’re all reading the same scripts, so you just get more MPs asking the same questions – which in turn becomes fodder for them gathering clips to be distributed over social media. He suggests that the parties determine who asks questions for the first two thirds and then the Speaker determine for the final third – well, that doesn’t actually help with the ability of the Speaker to “not see” frequent misbehaving MPs, as they will be the ones the party puts on their list. It needs to be all or nothing. Having the Speaker rule on the relevance of answers and to police friendly backbench suck-up questions? Nice in theory, and if we could get MPs to give the Speaker the power to the determination, all the better, but if we’re not careful, it just creates an opportunity for parties to whinge about the Speaker. (I’m kind of in favour of empowering the Speaker in this way, but it needs to be done very carefully). Banning applause? Yes, absolutely.

What’s missing in this is the reliance on scripts, which we need to do away with entirely. Parties argue that they need to come up with plans and narratives and tactics, but to be frank, that’s bullshit. Plans and tactics don’t enhance the accountability function of QP – it just ensures that it will be theatre, and not good theatre at that. Banning scripts plus empowering the Speaker to choose who asks questions for the whole of QP (and sure, he can continue to divvy them up according to a set formula in the interests of fairness) is going to be far more effective than most of these suggestions – but the trick is to convince MPs to move to that system, which would involve their leaders giving up their powers to direct the show, and that is part of where the bigger problem lies.

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Roundup: An unusually partisan report

The saga of Bill C-48 continues its strange trek through the Senate with the release of the report from the transport committee that recommended that the bill not proceed. Or at least that’s what it should have stated – that based on the tie vote, that the committee could not recommend the bill proceed. What they got instead was a lengthy screed about how allegedly terrible and the bill was for national unity, and it cherry picked comments from witnesses to “prove” that case, and strangely omitted any witnesses that stated – with facts – that the bill would have almost no impact on the energy industry in Alberta and Saskatchewan. In fact, the report was so partisan that it raised eyebrows among my sources in the Senate, who could not recall the last time that they had seen such a blatantly political document.

Naturally, not everyone on the committee was in favour of this report, and there are accusations back-and-forth about conversations regarding whether those who disagreed could write a dissenting report, and the eventual reluctance to bother because it would likely have tied things up in committee for even longer, as the clock ticks down. (Things are so bad on the Senate’s Order Paper that the need to sit well into July is now pretty much guaranteed). Of course, delaying this bill to death is part of the Conservative game plan, and everyone knows it – in fact, they pretty much have set up a situation where the Leader of the Government in the Senate, Senator Peter Harder, will have to invoke time allocation to get it passed.

The shenanigans with this bill aren’t done yet. There will be a great deal of debate when this report gets debated in the whole Senate, where it is doubtlessly going to be rejected, but not without a great deal of noise and accusations that the Independents are just Liberal stooges, and so on. And it’s going to be so annoying when it’s all over.

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Roundup: Mild consequences for an outburst

It took several days, and the announcement happened fairly late on a Saturday night, but Andrew Scheer decided to strip Michael Cooper of his committee duty – but not deputy critic portfolio – after his committee outburst last week, when he lashed out at a Muslim witness who suggested that conservative commentary was in part responsible for radicalizing some white supremacists, including the shooter of the Quebec City mosque. Cooper’s outburst, you will recall, was to attack the witness and quote from the Christchurch shooter’s manifesto, not only naming him (as the New Zealand government has been reluctant to do) and reading part of that manifesto into the record, so that it will forever be part of the archives of the Parliament of Canada. Scheer said that he was satisfied with Cooper’s apology (which was tepid at best), and that he considered the matter closed now that he removed Cooper from the committee. Funnily enough, Cooper described it as “agreeing” with Scheer that he shouldn’t sit on that committee, which doesn’t sound like it was that punitive (and I’m not sure that removing someone from duties is really that punitive. Putting him on permanent Friday House duty would be more punitive than giving Cooper less work to do).

The witness at the receiving end of Cooper’s outburst, Faisal Khan Suri, says Scheer’s response is not good enough, and says that Cooper should be booted from the caucus. And to that end, Scheer made his big point about showing people the door if they don’t believe in equality (and Cooper reading from a white supremacist manifesto would seem to be a line that was crossed), but well, the matter is “closed.” Not that the Liberals will let them forget it, but this is politics these days.

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Roundup: Incoming amendments

There are a tonne of amendments coming out in committees in the Senate, and there are likely going to be some fairly major developments and debates on these in the coming days – particularly once the House of Commons starts debating (and ultimately rejecting) a number of them. One of the more unexpected ones for me were the fairly major amendments to the solitary confinement bill. I was fully expecting the committee to recommend the bill not proceed because the courts had already found the bill unconstitutional and the committee was on the road to deeming it unsalvageable. Apparently, they’re going to make amendments instead, so we’ll see where this goes, because they have at least two court decisions on their side already.

The legal and constitutional affairs committee has also amended the Criminal Code revamp bill to ensure that there are tougher sentences for those who perpetrate domestic violence against Indigenous women. The problem? Well, most of those perpetrators are Indigenous men, and there is already a problem with over-incarceration, so this is going to be a tough needle to thread (but we’ll see how they attempt to do so.

Meanwhile, it looks like that major revamp of C-69 – the environmental assessment bill – was left intact at report stage on a vote on division, which means that they didn’t hold a standing vote, but were simply acknowledging that the vote was not unanimous. It’s a bit…suspect that they chose to go this route, considering how many of these amendments essentially gut the bill (and were indeed written by oil and gas company lobbyists, which totally isn’t problematic at all). But what is ultimately happening here is that these senators – and Senator Peter Harder in particular – are going to send this to the House of Commons so that they can reject them, and then send it back to the Senate where they will ultimately pass it after some minor theatrics, because of the will of the elected house, and so on. It’s not exactly the bravest route, and for the opposition in the Senate, it forces Trudeau to wear the decision more directly. There may yet be senators who will try to move amendments or delete some at third reading, but given Harder’s stance, I think the strong impetus will be for them to get the Commons to make the defeats so as to protect their own backsides from the wrath of Jason Kenney and others.

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Roundup: A few straw men and some rhetoric about immigration

Andrew Scheer gave another one of his “economic vision” speeches yesterday, this time on the subject of immigration policy. And while it was all “yay economic immigrants,” there were still a few questionable pronouncements throughout. It should be pointed out that off the top, he made a big deal about how they don’t want racists or xenophobes in the party (in apparently contradiction to the succour they gave avowed racists when they thought they could use them to paint the Liberals as the “real” intolerant party), and invoked his belief that we’re all God’s children so nobody is inferior regardless of race, religion, or sexual orientation, and if they didn’t like that, the door was that way. So there’s that.

As for the policies, they were not only deficient when it comes to detail, but there was some of his usual problems of straw man arguments and hollow promises. For example, he repeated his usual argument that privately sponsored refugees do better than government-sponsored ones, but nobody is disputing that, and nobody is arguing against private sponsorship, but there is a place for government sponsorship which has to do with the most vulnerable who need more timely relocation and who may not have private sponsorship lined up. And yet, it’s part of his dichotomy about private groups being better than government. He also vowed to stop irregular border crossings, and good luck with that, because it’s always going to happen, and unless he can also stop Donald Trump from threatening immigrants and refugees in his own country, it’s not going to stem the flow coming into Canada irregularly – it’ll just push them to more dangerous crossings. He also didn’t stop the usual rhetoric that pits immigrants against asylum seekers that this kind of vow just exacerbates, so that’s not exactly turning over a new leaf. He also promised that economic migrants would get their credentials recognised in Canada faster, but good luck with that because credentials recognition is a provincial responsibility, and the federal government has precious few levers there, and successive federal governments have tried to deal with this situation in the past and not had much success, ensuring that his promise is empty. But what was perhaps most frustrating was his talk about intake levels – and while he took a dig at Maxime Bernier for calling on them to be reduced, he also said that the level should change every year based on “Canada’s best interests,” which is a giant loophole for that same kind of talk about reducing levels for bogus reasons.

https://twitter.com/EmmMacfarlane/status/1133506929442131971

https://twitter.com/EmmMacfarlane/status/1133508491438624769

Meanwhile, the IRB says they need more funding if they’re going to tackle the asylum claimant backlog (which again, they inherited from the Conservative government) rather than just stabilize growth, which is what they’re projecting currently – but the real kicker here is that they’re still relying on faxes and paper copies rather than emails or electronic files, because they can’t share information effectively with CBSA, which should boggle the mind. And this problem was identified a decade ago (as was pointed out by Liberal MP Alexandra Mendès at Public Accounts), and it’s still a problem. I’ve talked to immigration and refugee lawyers who say that it’s a huge frustration for them that until recently, they couldn’t even schedule hearings by email. The IRB say they’re seized with the issue, but cripes, this should be embarrassing.

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Roundup: A six-point sham

Over the weekend, Andrew Scheer went to Calgary to further outline his “economic vision,” which included a short-term six-party plan which…does nothing about the economy. Those six parts are to scrap the federal carbon price, repeal Bill C-69, repeal Bill C-48 and end any tanker ban in northern BC, establish timelines for project approvals, end the “foreign interference” in project approvals, and invoke the constitutional authority to build major projects. Do you see a pattern here?

To be clear, these six proposals are all, well, hot air. Ending the federal carbon price won’t get energy projects built – most oil and gas companies are in favour of it. Repealing Bill C-69 won’t help because the 2012 environmental assessment legislation the Conservatives put into place just wound up in litigation, and that will continue if he reverts to it. Ending the tanker ban won’t have any measurable impact because there are no pipelines in the area, no plans for any, and if he thinks he can revive Northern Gateway then he didn’t pay attention to the reasons why the Federal Court revoked its approval. Establishing timelines for approvals? Again, nice in theory, but without a framework behind it (like Bill C-69 would ostensibly provide), it will likely mean yet more litigation. That “foreign interference” in project approvals is largely the conspiracy theories that the conservative movement is clinging to (ignoring the foreign funds that go into their own thinktanks like the Fraser Institute). And that “constitutional authority” is not a magic wand, and would only sow confusion because any project that crosses a provincial boundary is already a federally regulated project, so there’s nothing to invoke. So Scheer’s “six point plan” should perhaps better be called a “six point sham.”

Meanwhile, here’s some further analysis of Scheer’s decision to back away from his pledge to eliminate the deficit in two years, whether it’s because of Liberal warnings of austerity, the unpopularity of Doug Ford’s cuts playing out in Ontario, or the desire to try and deprive the Liberals of their talking points. But it does also take the wind out of Scheer’s own rhetoric about the evils of deficits, particularly those that are small and sustainable like the ones we’re seeing right now.

https://twitter.com/kevinmilligan/status/1131728209018380288

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Roundup: Federal jurisdiction wins again

It should have been no surprise to anyone that the BC Court of Appeal rejected the province’s attempt to dictate the content of federally-regulated pipelines in a 5-0 decision. In other words, the province could not reject the transport of diluted bitumen through the Trans Mountain expansion by stealth, and in no uncertain terms. The province quickly announced that they would appeal this to the Supreme Court of Canada (though the 5-0 decision makes it more likely that they’ll simply say no thanks, and let the BCCA decision stand).

https://twitter.com/EmmMacfarlane/status/1131972145507164160

While Jason Kenney was quick to crow over the Twitter Machine about how this was great news for Alberta, it seems to me that it’s rather great news for the federal government, because it upholds that they continue to have jurisdiction over these pipelines, and lo, they didn’t need to do some song and dance to “declare” or “invoke” it – because Section 92(10)(c) isn’t a magic wand, and it was already federal jurisdiction in the first place because it crossed provincial boundaries. And just like with the Saskatchewan Court of Appeal decision on the carbon price reference, it again showed that yes, the federal government has jurisdiction. After all, Kenney kept saying that the federal government should invoke 92(10)(c) because there BC’s position on this case showed that there was apparently some confusion around jurisdiction. But there never was any confusion – BC was trying to be too cute by half, and it didn’t work for them.

Speaking of Kenney, he was apparently in Toronto having a meeting with the Globe and Mail’s editorial board yesterday, and said that investors looking at climate risk was “flavour of the month” and they should instead focus on all of those “ethical oil” considerations instead. The problem there is that climate risk isn’t flavour of the month – it’s an existential threat to our economy. The Bank of Canada realized this and now lists it as a major risk to the country’s economy. The insurance industry really knows it’s responsible for billions of additional dollars in their spending over the past couple of years alone, thanks to flash floods, major forest fires, and so on. And have those “ethical oil” lines ever worked on anyone? I didn’t think so. But expect more of them to be bombarded at us in the near future as his “war room” gets underway to wage their propaganda campaign in “defence” of the industry.

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Roundup: Harder tries to play hero again

After hosting most of the Alberta senators to a lunch in Edmonton, Alberta premier Jason Kenney has written a letter to Senator Peter Harder, Leader of the Government in the Senate – err, “government representative,” to say that he and the leaders of the other two main parties in Alberta are willing to accept Bill C-69 if they keep it as amended by the committee. Those amendments, mind you, were largely all written by industry lobbyists, and gut much of what the bill was trying to accomplish, which was an overhaul of the environmental assessment process, because what’s on the books now (which is the process that Harper gutted in 2012) isn’t working and is only resulting in court challenges.

And Harder? Well, after his whip – err, “government liaison,” Senator Grant Mitchell, has been pushing for the bills to pass largely unamended, Harder says that he now wants to send this bill as amended back to the Commons, as well as the recommendation that Bill C-48 (the tanker ban) – though I’m not sure how that would happen given the de facto committee recommendation is that it not proceed – and let them decide whether or not to keep the amendments. Let the government deal with it – or rather, wear the decision for not accepting the amendments so that Kenney will turn his ire to Trudeau, and not the Senate. Because Harder is such a hero like that (while making up parts of his job description that don’t actually exist).

Meanwhile, former Senator Hugh Segal is taking to the pages of the Globe and Mail to warn the Senate against defeating C-48 because he says it would contradict the Salisbury Convention. *sigh* No. The Salisbury Convention doesn’t exist in Canada, no matter how many times Harder of luminaries like Segal bring it up. It’s contrary to the Constitution, we don’t have the same historical reasons for why Salisbury was adopted in the House of Lords, and it also goes against the whole notion of a more “independent” Senate. Nor is C-48 an election promise so far as anyone can gather, which is a trigger for Salisbury – if it existed (which it doesn’t in Canada). There are plenty of reasons why the Senate shouldn’t defeat C-48, but making up that it’s contrary to Salisbury isn’t one of them.

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Roundup: An economic vision without an economic case

Andrew Scheer gave the second of his policy keynote speeches yesterday, this one on his economic vision, and as could be expected, it was full of hyperbolic declarations about the size of the deficit (it’s tiny in comparison to our GDP), and the state of Canadian household finances (which have been growing). He promised that any new spending programmes would have to be paid for out of government “savings,” and in his pledge to balance the budget in two years, that would mean cuts. Of course, Conservative mouthpieces say this is easily enough achieved because they did it before (forgetting of course that the previous government had a habit of booking savings that were never going to be achieved for the sake of getting to a paper balance, like Shared Services Canada, or the Phoenix Pay System). The Liberals, incidentally, were quick to put out Bill Morneau to put a price tag on those cuts and warn that they would come out of families, and with the spectre of seeing what Doug Ford is doing to those families in Ontario, well, it’ll make things harder for Scheer.

The part that everyone talked about, however, was his grand vision of an “energy corridor” across the country where pipeline projects would magically cross the country with buy-in from Indigenous communities and everyone would be happy and prosperous, and we would have energy security and would never had to import oil from Saudi Arabia ever again. The problem with this fantasy picture, however, is largely economics. Even if Energy East were to get built, by some miracle, it would not have an economic case given that it wouldn’t be used for domestic oil in the eastern provinces as it would be far more expensive than the oil they’re importing. In fact, Energy East did not make it off the drawing board because there was no economic case – it wasn’t because there was opposition in Quebec (which has already achieved some kind of mythical status), but because there was no economic rationale for the company given that Keystone XL was back on the table. Scheer’s promise (other than the fantasy of it even happening) is that Alberta will either have to take a huge discount per barrel of oil, or oil prices in the eastern provinces start taking a major jump because they’re paying a lot more for it, and upgrade it from heavy petroleum and refine it (in refineries that would have to have been refitted, likely with yet more taxpayer subsidies). But since when should logic or basic economics be part of an “economic vision”? That would be silly.

Chris Selley offers a critique of Scheer’s rhetoric, but finds it more astonishing that it’s the Liberals’ own self-inflicted damage that is putting Scheer in a position where he has a reasonable shot of winning.

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Roundup: Green wins, and the AG’s report

After the Green Party won their second seat in Monday night’s by-election in Nanaimo–Ladysmith, it was inevitable that we would be subjected to a litany of hot takes about what this means for the upcoming federal election, most of which I’m not going to bother reading because frankly, I’m not sure it means anything at all. The Greens have been doing well provincially on Vancouver Island, where this riding is, and more than that, this particular candidate was once an NDP candidate who was booted from the party (apparently for views about Israel), and when the Greens picked him up, he won for them, while the NDP vote collapsed. Add to that, Green wins in BC, New Brunswick and PEI were also predicated by incumbent governments who had been in place for a long time (well, in New Brunswick, it was a constant PC/Liberal swap), and that’s not necessarily the case federally. While Justin Trudeau and Jagmeet Singh tried to spin this as “proof” that Canadians care about the environment (for which both will try to tout their party policies on the same) we can’t forget that Canadians want to do something about the environment in the same way that they want a pony – it’s a nice idea that nobody has any intention of following up on because it’s a lot of effort and mess. This has been proven time and again. I would also caution against the notion that this means that “progressive” votes are up for grabs, because the Greens, well, aren’t all that progressive. If you read their platform, it’s really quite socially conservative, and they had whole sections essentially written by “Men’s Rights Activists” because they have little to no adult supervision in their policy development process. So any hot takes you’re going to read about the by-election are probably going to be full of hot air (quite possibly this one as well).

https://twitter.com/robert_hiltz/status/1125798043905818624

Auditor General’s Report

The big news out of the Auditor General’s report was of course the backlog that the Immigration and Refugee Board faces regarding asylum claimants in Canada. The Conservatives, naturally, have jumped on this to “prove” that the current government has somehow broken the system, but every single expert that was cited over the day yesterday said that the Liberals inherited a system that was already broken (some went so far as to say that the Conservatives deliberately broke it in order to force a crisis that would allow them to adopt more draconian measures – though those backfired in a spectacular way, worsening the backlog), and that they have taken steps to increase the IRB’s resources. I wrote about some of these issues a while ago, and the IRB was starting to streamline some of their processes and start making use of technology like email (no, seriously) that cut down on some of the bureaucracy they were mired in – but as with anything, these kinds of changes take time to implement and have an effect. But expect the narrative of the “broken” system to continue in the run up to the election. Meanwhile, here are the other reports:

  • Half of Canadians who call a government call centre can’t get through, which is blamed on technology that was allowed to go obsolete
  • The RCMP are still not adequately prepared to deal with active shooter situations.
  • Our tax system hasn’t kept up with e-commerce and needs modernization
  • The mechanism to prevent governments from doing partisan advertising has little documentation and rigour.

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