Roundup: The call is coming from inside the caucus room

The hits just keep coming for Andrew Scheer, as one of his MPs came out vocally against his leadership yesterday. In the wake of the fairly low-key announcement of his Shadow Cabinet, it was quickly noticed that Ed Fast was not on said list, and Fast himself said that he was asked to be part of it and he declined, saying that Scheer should be surrounded by people loyal to his leadership, while Fast has concerns about it. Up until this moment, Scheer’s loyalists were dismissing those vocally and publicly calling for Scheer to step down as being Toronto elites and sore losers that go back to leadership rivals. Fast’s public denouncement puts a lie to this narrative.

Let’s face it – public dissent in caucus is rare because we have virtually eliminated all of the incentives for it. Our bastardized leadership selection process has leaders claiming a “democratic legitimacy” that they use to intimidate MPs into not challenging them, because it goes against the “will of the grassroots” (and to hell with that MP’s voters, apparently). We gave party leaders the power to sign off on nomination forms with the purest of intentions and it quickly got perverted into a tool of blackmail and iron-fisted discipline. Pretty much the only time MPs will speak out is if they have nothing to lose, and Fast is in that position – he could retire tomorrow and be all the better for it. And it’s when the dissent goes public that leaders really need to worry because that means that it’s happening by those inside the caucus room who aren’t saying anything out loud. Provincially, we’ve seen instances of it taking only one or two MLAs coming out publicly for leaders to see the writing on the wall and resign. The caucus may be bigger in Ottawa, but the sentiment is increasingly out in the open – that can’t be sustainable.

Scheer later went to the annual UCP convention in Calgary, where he was predictably given a fairly warm welcome– but he shouldn’t rest on this applause because he doesn’t need to win Alberta – he already has their votes, and they’re not enough to carry the country, no matter how much they increase their vote share. He needs seats in Ontario, Quebec, and Atlantic Canada, and he is having a hard time cracking those areas, in particular because of his social conservatism and the UCP convention isn’t going to be the place to go to get honest feedback about that problem. It’s a bubble, and a trap that becomes too easy to feel that there is nothing wrong if he stays in it too long.

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Roundup: Putting Alleslev at the fore

As expected, Andrew Scheer named Leona Alleslev as his new deputy leader yesterday, but left the majority of his House leadership team in place. Alleslev is a bit of a curious choice, given that she was a Liberal until a little over a year ago until she crossed the floor in a huff (and in conversation with MPs, it seems that a large part of her reason for crossing was because she was essentially being ignored by the PMO when she was trying to step up, and she felt unappreciated for her efforts, which is fair enough). There were plenty of sarcastic responses from long-time Conservatives over Twitter, given how she campaigned against Stephen Harper in 2015. Others Conservatives – Scheer loyalists in particular – were trying to insist that Alleslev represented the way the party needed to bring Blue Liberals into the fold – but this assertion is fairly problematic given that the Venn Diagram of Blue Liberals and Red Tories would show a fairly significant crossover in areas of being socially progressive, which is partly where the Conservatives are having problems right now. As well, it’s hard to qualify Alleslev as reaching out to those voters when she goes on TV and just parrots all of Scheer’s talking points, particularly around the environment, to the point where she was contradicting her previous statements and trying to walk them back when called on them. I’m not sure how demonstrating groupthink is reaching out to new voters. It’s also hard not to be cynical about Alleslev’s appointment as a box-ticking exercise about her being both a woman and from the GTA as the political reasons as to why she was chosen.

Scheer also took the opportunity to vow that he was staying on as leader, and insisted that the party needed to pull together behind him. This while Stephen Harper’s former campaign manager, Jenni Byrne, also called for his ouster, and there also talk about how Conservatives in Alberta are angry that he wasn’t able to defeat Trudeau in spite of Trudeau doing his level best to defeat himself in some cases.

In amidst this, Lisa Raitt was also keeping herself in the media, putting out the supposition into the public sphere that the more xenophobic populism that reared its head during the party’s last leadership campaign branded them during the election, and that it changed the perceptions around the party. (Raitt is also defending Scheer and saying that his weakness is that he doesn’t come off as a “strong man” on any particular area). And while Raitt is trying to insist that the likes of Kellie Leitch (and eventually Maxime Bernier’s Twitter persona) were somehow isolated incidents, she ignores the fact that Scheer himself promulgated far-right conspiracy theories about the UN Compact on Global Migration, that his comms team spread racist memes about irregular border crossings, that he offered succour to avowed racists because he thought he could use them to “own the Libs,” and that even though he knew that the xenophobia and far-right element of the “yellow vesters” had taken over that so-called “convoy” to Ottawa, he nevertheless still met with them – in full view of their xenophobic signs and symbols – and then took weeks to actually denounce white supremacy when called on it. So I’m having a hard time giving Raitt the benefit of the doubt for this theory of hers.

Meanwhile, Matt Gurney posits that Scheer’s ability to survive now turns on whether he can convince enough people that he can actually do better in the next election – and that’s becoming harder to do. Paul Wells poses more questions that the Conservatives need to consider regarding Scheer, the direction of the party, and their ability to build a winning coalition internally that has proved fairly elusive in recent decades.

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Roundup: Lowest cost and least economically-damaging

The Ecofiscal Commission released their final report yesterday, and said that Canada will have to increase carbon prices to $210 per tonne by 2030 is the cheapest and most effective way to reach our climate targets, though certainly not the only way – regulation or subsidies are also possible, but less effective and far more costly. Increasing carbon prices would also mean increased rebates under the current federal backstop (but provinces could certainly recycle revenues in other ways, and some provinces could entirely eliminate their income taxes with said revenue), which would have other knock-on economic effects, but for simplicity and cost, they point toward carbon prices. (It’s worth noting that this analysis didn’t cover the output-based pricing system for large emitters, which helps take things like trade-exposure into account to provide those industries more time to adjust).

Predictably, the Conservatives freaked out and started a new round of social media shitposts about how this was the Liberal plan all along, and they would prevent the cost of everything from going up, etcetera, etcetera, but that’s a dishonest position because other models, like regulation and subsidies, drive up the costs just as much, but they tend to be passed onto consumers in a hidden way, whereas straight-up carbon pricing is transparent and makes it easier for consumers to make better choices (which addresses the demand-side of carbon emissions).

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To that end, here is the Ecofiscal Commission’s Chris Ragan making the case in his own words, while Heather Scoffield suggests that premiers Kenney and Ford should be thanking Trudeau for imposing the federal carbon backstop because it’s a less economically damaging way of reducing emissions than their plans to date have been.

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Roundup: Frivolous lawsuits that help no one

Because climate lawsuits on behalf of youths are apparently all the rage, another one has been launched, this time against the Ford government in Ontario, because of their cancellation of the cap-and-trade system and their challenging of the federal carbon price. I can barely even.

So, to recap: Lawsuits are about getting individual remedies, and these actions are not designed to do so. They are using “novel” Charter arguments, which are an abuse of process. It’s also trying to use the courts to impose public policy solutions, which is not the job of the courts. That’s not their function, and trying to use the courts because you lost at politics is not how things work. And further to that point, the courts are already overburdened, and these kind of frivolous suits – and that’s exactly what they are – waste everyone’s time and court resources, and I would fully expect the courts to impose costs on those who brought forward these complaints that waste everyone’s time.

I spent an afternoon on the Twitter machine of being accused of not taking climate action seriously because I made these points about this lawsuit, which is not the case at all. My point – as exemplified by the (very good) lawyer who joined in the fight over Twitter, is that this is a political problem, not a legal one. You don’t use a saw to hammer a nail, which is what this lawsuit is attempting to do. The courts are not the place for this because they can’t force a government to come up with a climate change plan that meets the expectations of scientists – that’s not how life works, and it’s not how democracy works. And sure, young people are frustrated with the slow action so far, but democracy depends on people organising, and that means doing the hard work of getting involved in riding associations, changing party policy though conventions, and agitating internally to do something. And it means organising. I can’t stress this enough – organise, organise, organise. Protest votes won’t get you anywhere – and let’s face it, that’s what Green votes are. That’s how you make change in politics, and the sooner that young people realise this – and you can join parties as young as sixteen and start volunteering and voting on nominations and resolutions – the more you will be effecting meaningful change. (Want to learn more about how that works? Read my book).

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Roundup: More knives for Scheer

Even more knives have come out for Andrew Scheer – on a couple of different flanks. From the social conservatives, Scheer didn’t defend their interests strongly enough in the election and now they want him gone. This in the face of more moderate conservatives looking for him to join the twenty-first century on issues like support for LGBT rights. And then, on Power & Politics, Kory Teneycke – one-time director of communications to Stephen Harper and maestro behind Sun TV – said that Scheer should resign and if he wants his job back, to run for it again in a full-blown leadership contest. What was even more interesting in those comments was his contention that a leadership review is not enough because those are easily enough manipulated by those loyal to the current leader – and he’s right.

The problem, of course, is that so long as we continue to insist on running our leadership contests in this bastardized model, leaders will continue to claim democratic legitimacy to marginalize their caucus, ignore the grassroots, and not face any meaningful accountability, so it’s hard to see how the outcome of such a contest could be any different in the broader scheme of things. There are deep problems that need to be addressed in our parties, but nobody wants to actually say so.

Meanwhile, not only has Scheer fired his chief of staff and his director of communications, but Hamish Marshall, his campaign manager, has come to the end of his contract and it doesn’t sound like he’s interested in renewing it anytime soon. It remains to be seen if this kind of house-cleaning is enough bloodletting for the caucus that remains frustrated by their election loss, but it may not be given the knives that have been out for Scheer in a number of different directions.

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Roundup: Tribunal orders and judicial review

This week, the Federal Court will hear the case of the federal government’s judicial review of the Canadian Human Rights Tribunal’s compensation order for First Nations children who were apprehended and removed from their homes by child and family services. The reporting on this is going to be emotional, and as you can see from both the CBC and Canadian Press reports previewing the hearings (which will be webcast for the first time), the focus of who they’re speaking to are Indigenous people – fair enough – but almost zero time in either report is spent on the actual legal arguments, which are significant. Only the CBC report included the line that “Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.”

This is a pretty significant thing, because one of the arguments is that the Tribunal, in making the kind of order that it did, was exceeding its statutory authority to do so. That’s a pretty big deal, and why the government would be looking for a judicial review – to ensure that the Tribunal isn’t allowed to overreach, and doesn’t create a precedent for future instances of overreach. It may seem like petty details, but it’s a pretty significant issue when you look at how the administrative tribunal system in this country is set up, and the role that it plays in the broader justice system. The fact that this is being ignored by the mainstream press isn’t surprising, because administrative law isn’t sexy (even though it’s one of the most contentious issues that our Supreme Court is grappling with at this very moment), but we shouldn’t dismiss it.

The government – and prime minister Justin Trudeau in particular – has stated that there will be compensation, and they are already working on a settlement for the class action lawsuit in question, which may include boarder compensation so as not to have to separate compensation streams for the same apprehensions. And they should absolutely be held to account to that promise that they made – but the Tribunal order cannot and should not be the end all and be all, and we need to recognize that, and ensure that some of the broader context is being discussed.

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Roundup: Singh thinks he has leverage

Yesterday it was Jagmeet Singh’s turn have his one-on-one with prime minister Justin Trudeau in advance of the Cabinet shuffle and Throne Speech, and Singh came with his own list of priorities and demands – most of them as unrealistic as Andrew Scheer’s. And Singh’s insistence that he was open to voting against the Throne Speech, and that the party was ready to go to another election at any time, was simply precious. Unable to read the room, or calculate the seat maths, Singh apparently thinks he’s going to play kingmaker when there are more willing partners on the dance floor.

To that end, Singh was demanding immediate action on pharmacare, and pretending that Trudeau hasn’t been clear that he plans to implement the Hoskins Report, which called for a universal pharmacare system. The problem is that you can’t have “immediate action” on it, because it’s actually a very complex thing. You can’t actually just say “we’ll pay for all pharmaceuticals” because the costs would be extraordinary, and phasing it in with a single national formulary is actually incredibly challenging to do, especially across all provinces and territories, because they have different formularies currently and you run the risk of reducing people’s existing coverage (as what happened in Ontario when they briefly offered pharmacare for all young people in the province). It’s going to require careful negotiation with the provinces and stakeholders, and Singh’s constant refrain that this can happen immediately is fantasyland – just like his request that they also consider adding dental care in there.

As for some his other demands, the one about more “science-based” targets for emissions reductions is pure buzz-word. Science is not public policy, and you can’t just hand-wave and go “science” because it doesn’t work like that. Demanding the government abandon its judicial review of the Canadian Human Rights Tribunal decision on compensation for Indigenous children in care? As a lawyer, you think he would be sensitive to the concerns of bad precedent – particularly if the Tribunal did exceed their statutory authority. Energy-efficient retrofits? Electrified transit? Green jobs? It’s like they haven’t paid much attention to the Liberal climate plan and what carbon pricing does to create market incentives. Electoral reform? Apparently he didn’t pay attention to the hot garbage report that the parliamentary committee released last parliament. His “super-wealth tax”? The one that would require the government to rewrite the entire tax code to make it conform to American concepts? I’m sure they’ll get right on that. Singh has no leverage, and yet he thinks the government should simply adopt the NDP platform or have the party’s support withheld. I’m sure the government will get right on that.

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Roundup: Scheer’s risible demands

Even before the day’s meetings got started, Justin Trudeau offered up a pre-emptive strike against Andrew Scheer’s demands by announcing that Parliament would be summoned on December 5th – immediately after his return from the NATO summit – where they would hold both the Speaker election and the Speech from the Throne on the same day (rather unusually, as they tend to be on subsequent days). When Scheer did meet with Trudeau, he came armed with seven demands, and immediately following that, Trudeau met with Saskatchewan premier Scott Moe, who also moaned that his own demands weren’t being capitulated to.

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As for Scheer’s demands, a good many of them are simple non-starters, and others are simply laughable, but let’s walk through them, shall we?

  1. Keep Canada united and strong by launching a task force to study the establishment of a national energy corridor, which could bring Ontario and Quebec hydroelectricity to new markets, open up opportunities for Western Canadian oil and gas, and connect rural communities in Atlantic Canada and the North.
  2. Help Canadians get ahead by offering broad-based tax relief, providing a date for balancing the budget, and proceeding with fair tax-free maternity benefits.
  3. Restore ethics and accountability to government by introducing stronger penalties in the Conflict of Interest Act.
  4. Get the energy sector back to work by tabling a detailed plan, with concrete deadlines, to build the Trans Mountain expansion and repealing Bills C-48 and C-69.
  5. Take real action on the environment by drawing on policies from our Real Plan to Protect the Environment, such as the Green Patent Credit, the Canadian Clean brand, the Green Home Renovation Tax Credit, and ending raw sewage dumps.
  6. Immediately fund regional transit expansion in the GTA, starting with the Ontario Line and Yonge Extension.
  7. Reduce the paperwork burden on Quebecers by adopting a single tax return.

To start with, I’m puzzled as to how Scheer believes that his “national energy corridor” scheme is a national unity project. I mean, I get that he keeps insisting it’s “a win-win,” but if you stop and think about it for thirty seconds, they’re demanding that decades be spent on land negotiations and expropriations involving First Nations and provinces that may not be keen on them, for another decade to be spent building a pipeline that, by the time it’s completed, will be in the middle of massive global decarbonization. That’s some forward thinking. The broad-based tax relief that was in the Liberal platform was better targeted to low-income Canadians than in the Conservatives’, as was their proposal for tax-free maternity benefits; the date for a balanced budget is also somewhat mired in mid-nineties thinking, while the government has chosen a different fiscal anchor that allows them to take advantage of the low-interest rate environment to make investments in Canadians. The demand for a detailed plan with concrete deadlines for the TMX construction is farcical because any delays would be contingent upon the Federal Court’s hearing the concerns of those Indigenous groups who are challenging the most recent consultations, and that’s not something the government has any control over, but never mind that there is pipe going in the ground right now. The repeal of C-69 and C-48 are non-starters, and would do absolutely nothing to benefit the energy sector because the problem is the low world price of oil. Demanding that the government adopt the Conservative non-plan for the environment? Hilarious. Immediately funding the GTA transit expansions? How is it responsible to sign a blank cheque when there is no concrete plan on the table? Seriously, you claim to be the fiscally responsible party. And having Quebec adopt a single tax return? Yeah, if Quebec wants that, they can adopt the federal one. They made the choice for the current system. Is rudimentary critical thinking dead in politics?

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Roundup: Fair deal to direct anger

Jason Kenney was determined to swallow much of the news cycle over the long-ish weekend (depending on where you were in the country), first by announcing on Friday that he had appointed a “fair deal” panel to look at ways in which Alberta can assert more independence – but many of those items don’t make any sense, especially as they will be more costly in the long run (or look particularly suspicious, like replacing the RCMP provincial policing contract with an Alberta Provincial Police when the RCMP is deep in investigating the UCP leadership contest corruption). In fact, the former chair of the province’s “Firewall” panel from 2003 says that this is just an exercise in blowing off steam that won’t amount to anything that they didn’t learn back then, which will be amplified over social media into promises that could never be fulfilled – which is a problem. Kenney then doubled down with a lengthy speech at the Manning Centre conference in Red Deer on Saturday, where most of these items were further listed.

This all having been said, I’m hearing from my friends and family in Alberta that Kenney’s cuts are already starting to affect them, and that anger may start to hurt him sooner than later. (Family examples: I have a nephew with special needs whose school aide’s hours are being slashed, and my brother-in-law is a volunteer firefighter, and their training budget has just been decimated). I fully expect that Kenney is going to go hard on trying to direct the anger to Justin Trudeau and Ottawa in order to deflect the anger from his cuts, and you can bet that he’s going to go to absurd lengths to stoke it.

Meanwhile, here are some reality checks into the kinds of things that Kenney is proposing for his “Fair Deal” nonsense, whether it’s for the creation of their own provincial pension plan, or to collect federal taxes on their own.

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Roundup: Making demands with a smile

Manitoba premier Brian Pallister was in Ottawa yesterday to meet with prime minister Justin Trudeau, and to try and offer some “friendly advice” about dealing with the whole “Western anger” situation. Pallister also penned an op-ed for the Globe and Mail that was full of said “advice,” most of which was pretty dubious, but in the aftermath of his meeting, he said a bunch of things like the country can unite around climate action if they set their partisan differences aside – in other words, if the federal government abandons their plans and just lets the provinces do whatever, adding that a carbon price “isn’t the only way” to fight climate change – technically true, but it’s proven the most effective mechanism and the only one which deals with the demand-side of the problem. (In subsequent interviews, Pallister also ignored that the point of the national price is to avoid provinces from undercutting one another, which you would think might be a big deal). Pallister also made some hand-waving gestures around a municipal handgun ban given the province’s problem with violent crime, but that’s already being panned locally.

But back to Pallister’s op-ed, which was largely an exercise in blame-shifting and simple fiction. He blames the divisions on the federal government’s “economic, energy and environmental policies,” which is curious and convenient. Those policies? Bill C-69, which he blames for delays in a Manitoba flood mitigation project for which the new regime doesn’t apply. That project has been under the Harper 2012 assessment regime, which should be a clue as to why the federal government saw the need to make changes to it – not that it stops Pallister from repeating a bunch of the fictions that have been applied to the legislation by its opponents. He also counsels finishing the Trans Mountain pipeline, which is what the federal government is in the process of doing. Pipe is going in the ground. People beating their chests about it won’t make the process go any faster.

Pallister then goes on to complain about interprovincial trade barriers which is – wait for it – entirely in the hands of the provinces and not the federal government to lower. He makes mention of 34 exceptions which the federal government controls, but that’s 34 out of hundreds, and this government has set up a process to work with provinces to harmonize regulations that create barriers. They have been doing the heavy-lifting – more than the Harper government did – but it’s gone completely unacknowledged. That Pallister is shifting blame to the federal government is pretty rich when it’s the provinces who are the problem. His final “advice” for unity? Giving the provinces more money for healthcare. I’m not sure what that has to do with national unity or “healing the divisions,” but there you have it. It’s pretty clear that like Jason Kenney and Scott Moe, Pallister is trying to use the focus on this “anger” to try and leverage it to what he wants, and he won’t let the truth be a barrier for him. Just because he delivers the message with a smile doesn’t make the “advice” friendly.

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