Roundup: Trudeau’s year-end musings

It’s that time of year, when the prime minister is starting his rounds of year-end interviews, and thus far, with CTV and The Canadian Press having been done so far. Some of the newsworthy moments have been that he is saying that he is looking for a way to get out of the weapons deal with Saudi Arabia. He also says he’s not planning on an early election (to which I would say of course, because he’s going to have too hard of a time getting everything he needs to get done before the fall, so why would he want to go early?) There was also some very careful language around Energy East, both in that there is not a current proposal on the table so any talk of it is hypothetical, but also that under the current approach, there is no support for the project in Quebec, which could mean that under a different environmental assessment regime (like the one they’re planning in Bill C-69) they may have better luck. Maybe. But I did find the qualifier very interesting. He also pushed back against some of the simplistic notions around the deficit in some of his clearest responses to date (though he still used much of the same pabulum language), so that’s maybe a sign he’s improving on that file. Maybe. He also warned about using populist anger over issues like immigration, which immediately made the Conservatives get huffy and say that he was launching personal attacks, and so on.

Out of all of this, I was most interested in what he had to say about the Senate, and how he plans to make changes to the Parliament of Canada Act, though the headline says this is about trying to make it harder for a future PM to make changes to reverse his reforms – though the Act wouldn’t do that at all, nor does he actually say that in the interview quotes, so I’m not sure where they got that notion from. I am on the record as saying that I think they should hold off on these changes for now, because the Senate has made sessional orders to do everything that they need them to do around the additional caucus funds and so on, and because it’s simply too early to make these kinds of permanent changes to the legislative authority given that the “reforms” have been ham-fisted and ill-considered, and we could very well be creating even more problems for ourselves down the road. But they want to ram this through before the election, and there is going to be a fight on their hands to do it, so we’ll see how that plays out in the New Year.

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QP: Last shout in the Centre Block

For the final QP of 2018, neither the prime minister nor the leader of the opposition were present (though Andrew Scheer did hold a press conference just hours before), leaving it up to Candice Bergen demanded urgent action on the opioid crisis, to which Ginette Petitpas-Taylor said that they were taking it seriously, and as a public heath issue and not a criminal one, which was why they were increasing harm reduction measures that Conservatives resisted. Bergen raised comments that she overheard Bardish Chagger say, apparently minimising the scope of the crisis, to which Chagger said that her comments weren’t meant to minimise the scope of the tragedy and she apologised. Bergen, with a script to follow, demanded Chagger to account for her comments again, and Chagger apologised a second time. Jacques Gourde then got up read the same demand for an apology in French, but Petitpas Taylor got up to talk about the measures they are taking. Gourde stuck to his script and demanded again, and got the same response from Petitpas Taylor. Guy Caron got up next for the NDP, and railed about VIA Rail not choosing Bombardier for its new fleet. Marc Garneau, noting that he had answered this repeatedly, said that Siemens did agree to at least twenty percent of Canadian content in their trains. Caron tried again in French, and Garneau more pointedly listed other investments that VIA made in Quebec. Pierre-Luc Dusseault got up next to demand action from the CRA on tax evasion, to which Diane Lebouthillier forcefully pointed out the investments they made and the number of new audits that have been conducted since they came to power. Peter Julian asked the same thing in English, and Lebouthillier repeated the actions they have been taking.

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QP: All about Scheer

For what might be the final QP of the year, the galleries were full — press gallery included — and the benches were full. Andrew Scheer led off, repeating yesterday’s lead around the PBO’s contention that the deficit could be higher than reported. Trudeau got up and recited by rote his well-worn talking points about investing in Canadians and making life better for the Middle Class™. Scheer switched to English to ask again, and Trudeau hit back about “phoney budget balance” the Conservatives delivered that hurt veterans and families. Scheer accused him of offering falsehoods about the Conservative record (which is rich coming from Scheer, whose capacity for mistruth is quickly becoming legendary) before demanding a balanced budget. Trudeau castigated the Conservative record on growth while his government oversaw growth. Scheer insisted that Trudeau inherited a good economy (not true), to which Trudeau found it curious that Scheer wanted to double down on a plan that Canadians rejected in 2015. Scheer retorted that it was Trudeau who was doubling down on a failed plan before calling him a trust fund baby, and Trudeau replied that you can’t grow the economy with cuts to services, and listed the investments they made that led to record-low unemployment. Guy Caron was up next for for the NDP, and he worried that the CRA has not recouped anything from the Panama Papers. Trudeau picked up a script to read about the investments made in CRA to combat tax evasion, and that CRA has risk-assessed over 80 percent of the 3000 identified files and that criminal investigations were ongoing. Caron switched to French to reiterate the question, and Trudeau read the French version of the same script. François Choquette worried about Canada’s climate performance, to which Trudeau, sans script, talked about putting a price on pollution and helping families adapt. Linda Duncan repeated the question in English, and Trudeau grabbed a script to list measures they have made and investments made.

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Roundup: Huawei, Trump, and the rule of law

The issue around the arrest of Huawei’s CFO in Vancouver last week took a number of turns yesterday, and is proving to be an utter gong show, thanks entirely to Donald Trump. So, to recap, the US ambassador to Canada stated that there was absolutely no political motivation behind the request for the arrest and extradition to the US, but meanwhile in China, a former Canadian diplomat who now works with International Crisis Group was arrested in China for no apparent reason, and there is no confirmation as to whether this is in retaliation for the Huawei arrest. Back in Vancouver, said CFO was granted bail for $10 million with five guarantors while she will await extradition hearings – and she has to surrender her passport, be under 24/7 surveillance and wear an ankle monitor, because she is considered a high flight risk. (Here’s a good backgrounder on all of the issues).

And then, it all went pear-shaped. Why? Because Donald Trump suddenly said that he’d intervene in the case if it helps to get a trade deal with China, which undermines the rule of law that Canada has been operating under and trying to assure Beijing that we’re operating under, and that because we have an independent judiciary with processes to be followed (which they can’t get their heads around because their judicial system is politicised), and all of the evidence around the criminal activities, allegations of fraud and of violating sanctions is apparently all for naught, because the US president has put his foot in it. And lo, Canada is relatively screwed by the whole thing. Hooray.

https://twitter.com/InklessPW/status/1072642206756990978

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QP: Bigger deficit fears

It being nearly the last day of the season, the benches were filling up, and both Justin Trudeau and Andrew Scheer were present. Scheer led off in French, worrying about the report from the Parliamentary Budget Officer who says the deficit could be bigger than anticipated. Trudeau stood up without a script, and talked about how much better off Canadians are now and how great the economy was doing. Scheer reiterted the question in English, and Trudeau deployed his talking points about bringing up the growth rate and the lowest unemployment rate in modern records. Scheer said that Trudeau doesn’t care about spending because he came from wealth, and Trudeau hit back with the $150 billion debt the Conservatives left with nothing to show for it. Scheer tried to respond by burnishing the Conservative record and accused Trudeau of squandering the good fortunes left to him, for which Trudeau listed the ways in which cuts made to ensure a “phoney” balanced budget hurt Canadians. Scheer tried to get pointed in his retort, that Trudeau was “darn right” that they were obsessed with treating taxpayer dollars with respect before repeating his slight about Trudeau’s family wealth, and Trudeau noted that Scheer was resorting to personal attacks because he had nothing else to offer. Guy Caron was up next for the NDP, and he railed that trade deals meant that VIA Rail couldn’t prefer Bombardier for its fleet renewal. Trudeau took up a script to read that they wanted to ensure that people got the best value for money and that government interference would be bad for business. Caron changed topics to talk about the CUPW court challenge of the Canada Post back-to-work legislation, and Trudeau noted that they undid the labour law changes from the Conservatives and how they worked with labour to ensure tripartite agreements. Karine Trudel repeated the question in French, and Trudeau read that the litany of measures they took to ensure that negotiations kept going and that the recently appointed a new arbitrator to deal with the outstanding issues. Tracey Ramsey then repeated the VIA Rail question in English, for which Trudeau said that those trade deals mean that Canadian firms can access procurement in other countries.

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QP: A narrative of doom

While Justin Trudeau was in Montreal to pre-meet with some premiers in advance of the first ministers’ conference, Andrew Scheer was present, fresh from being booed by the chiefs at the Assembly of First Nations, and he led off with the false notion that premiers had to resort to threats before the oil and gas sector was on the agenda at the first ministers’ meeting, and surprisingly, Diane Lebouthillier got up to read that they were taking measures to help the workers. Scheer then worried that the Crown lawyers were trying to block the Canadian Taxpayers Federation from intervening at the Saskatchewan carbon tax court challenge, to which Amarjeet Sohi replier that they were trying to fix a broken pipeline system that we inherited from the Harper government — which wasn’t the question. Scheer railed that the government was trying to phase out the energy sector and demanded that Bill C-69 be withdrawn, to which Sohi replied that when the government tried to extend EI supports for laid off workers, the Conservatives voted against it and funding for orphan oil wells. Gérard Deltell worried about the economic turbulence meaning higher interest rates — which, actually, would be a sign of a good economy — and Scott Brison reminded him that when they took office, the country was in a technical recession and the current government turned it around. Deltell tried again, and got the same answer. Guy Caron was up next for the NDP, and raising the Trans Mountain pipeline, wondered when ten government would take its responsibilities to Indigenous communities seriously. Sohi said that they were taking the renewed consultations seriously. Caron worried that Trudeau was dismissive of a First Nations Chief yesterday, to which Philpott got up to defend the PM’s honour. Rachel Blaney took over to rail about “free, prior and informed consent,” and Sohi repeated their renewed consultations. When Blaney repeated the demand that Trudeau apologise to that BC Chief, Philpott again defended the PM.

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Senate QP: Bland assurances from Morneau (part eleventy)

Things got underway a few minutes early, as finance minister Bill Morneau arrived in the Senate for what promised to be a day full of pointed questions and pabulum answers – Morneau’s particular specialty. Senator Larry Smith led off, asking about the $9.5 billion budgeted in the fiscal update for “non-announced measures,” and Morneau responded with bland assurances about getting the right balance in the budget. Smith noted that he didn’t actually answer the question and that they needed to hold government to account, to which Morneau said quite right, but again didn’t answer, and offered more pabulum talking points about dealing with challenges while still trending the deficit downward.

Senator Batters was up next, and brought up the PM’s comments on social impacts of male construction workers to rural areas, citing that she only sees benefits. Morneau first cited that they look at employment on projects, and then noted gender-based lens for impacts, but didn’t elaborate on the construction worker issue.

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QP: Grewal and false border numbers

While Justin Trudeau was off to Argentina for the G20, Andrew Scheer was elsewhr, as was Guy Caron, more unusually. Mark Strahl led off, worrying about new revelations about investigations that Raj Grewal may have been swept up into, to which Bardish Chagger responded that last week he made them aware of his serious challenges and treatment, and they hoped he got the help he needed. Strahl didn’t believe her, but Chagger reiterated the response. Strahl got even more incredulous, but Chagger’s response varied only by saying the RCMP operates independently. Luc Berthold tried again in French, and got the same answer in French, and then they went yet another round of the same. Ruth Ellen Brosseau led for the NDP, demanding that the government take action. Patty Hajdu said that it was troubling, but this was a global decision affecting plants in the US and elsewhere, so they were going to help workers where they could. Brosseau then demanded the government not sign the New NAFTA until an oversight clause around milk classes was removed, to which Lawrence MacAulay deployed his well-worn points about defending Supply Management. Tracey Ramsey was worried that we didn’t know what was in the deal and demanded that it not be signed, to which Mélanie Joly stood up to assure her it was a good deal for Canada. Brian Masse, whose rant about the auto sector didn’t reach the question before he got cut off, and Hajdu recited some talking points about their support for the industry through the auto innovation fund.

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QP: Doom or strength?

All of the leaders were present today, for a change, and with so much news on offer, it was a question as to which rabbit hole Andrew Scheer would decide to go down for the day. Scheer led off, mini-lectern on desk, and he listed the portents of economic doom — doooooooooom! — and demanded the prime minister fight for Canadian jobs. Trudeau stood up and listed the positive economic indicators and promised they would continue to invest in the economy. Scheer insisted that it was Liberal policies dooming the economy, and demanded businesses be exempted from carbon taxes. Trudeau listed more measures that the government has taken to ensure competitiveness and stated that pricing carbon was necessary to transition to a green economy. Scheer demanded again — as though carbon taxes had anything to do with GM having too many plants globally to meet reduced demand — and Trudeau again listed measures the government was taking before taking a shot at Scheer’s lack of plan. Scheer deliberately misled the House regarding carbon taxes, and Trudeau praised their green transition plan. Scheer accused Trudeau of wanting to phase out the energy sector before the next election, and Trudeau deployed the handy “the economy and environment to hand in hand,” before he switched to French to lambaste Scheer for not asking anything about protecting French language services. Guy Caron was up next for the NDP, demanding a national auto strategy, to which Trudeau spoke about fighting for the sector in NAFTA talks and noted the investments made in the sector under his government. Caron switched to a French to make the same demand, to which Trudeau listed the ways they have been attracting investment in the sector. Karine Trudel demanded that the prime minister fight for jobs in Oshawa, to which Trudeau, with a script, assured her that they were fighting for jobs. Peter Julian made the same demand in English, and Trudeau assured him that they were fighting.

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Roundup: A noble bill with problems below the surface

It’s not often that I’ll go out of my way to comment on poor reporting (as opposed to columns), but in this particular case, I’m going to make an exception. The story is the fact that Rona Ambrose’s bill on mandatory sexual assault training for judges has been stalled in the Senate. Ambrose appeared on Power & Politics to express her shock and dismay, but there was very little research done in terms of the concerns that have been raised with the bill to date, and the fact that its passage through the House of Commons was problematic in and of itself (most especially the fact that it was referred to the Status of Women committee instead of the Justice Committee in order to ensure swift passage, with a committee that was sympathetic and didn’t have the expertise on the matter). The written story on the CBC website was simply a recap of Ambrose’s interview with no comment from anyone else, or recounting any of the concerns or pushback from the debates on the bill.

So I decided to take twenty minutes and skim over the Second Reading debates in the Senate on the bill, and lo, there are some pretty important concerns being raised. Senator Jaffer, who is a lawyer who has done judicial training, pointed to the fact that the bill mandating written rulings in all sexual assault cases not only takes away from the fact that there are procedures for clear oral rulings that can be appealed, but that it will cause other delays. The training also disadvantages rural lawyers, and can tip the hand of a lawyer in a firm that they are applying to be a judge.

Senator Joyal, a formidable constitutional lawyer who had a career fighting for minority rights (and who helped write the Charter of Rights and Freedoms) expressed some serious concerns about the powers given to a federal commissioner to determine what qualifies for training. He raised the very real point that the bill stipulates that training must be done by sexual assault survivors and organisations that support them, which automatically biases the training and the presumption of innocence (and others have raised the point that these trainers are often called as expert witnesses, which creates further biases). Joyal also noted the constitutional implications of the bill given that judicial independence includes the ability to maintain control over their education.

Senator Pratte, while not a lawyer, raised the salient logistical issue that for every 500 judicial applicants, maybe 50 make it through, meaning that if everyone needs training before they can be appointed, it delays assessment of applicants and has the potential to create problems with the quality if the training. He also raised the notion that if sexual assault survivors are needed for this training, how long will it be before other victims’ groups demand to be heard for other judicial training?

Senator Fraser, whose objections were briefly noted in the CBC piece, also made points about the inappropriateness of the bill mandating that reports on the number of judges who have taken the training be tabled in Parliament because judges report to Chief Justices in their regions, not to the minister. As well, because the majority of these cases are actually heard in provincial courts, this could qualify as interference in provincial jurisdiction.

The story also went onto state that Senator Joyal, who chairs the Legal and Constitutional Affairs committee, wouldn’t give a date for when the bill will be studied, but it didn’t mention that government bills always take precedence at committee, and as you can see from the committee’s schedule, they have a pretty full slate for the coming weeks, possibly months.

Frankly, I’m more than a little dismayed at the lazy reporting on this bill. While it may look like a slam-dunk issue on the surface, there’s a lot beneath the surface that’s not being reported on, which is actually fairly irresponsible. Would that political reporters at the CBC take twenty minutes to do some actual research on their stories than simply transcribe an interview.

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