QP: Beware Big Arts and Culture

For the prime minister’s first appearance of the week, he had only Mark Gerretsen on the benches to keep him company (though Francis Drouin arrived after the PM left when the leader’s round ended). Erin O’Toole led off, script on mini-lectern, and he wondered if the government filing an amicus briefing in American courts mere hours before the threatened closure of Line 5 was an admission of failure of diplomacy — not that the Michigan governor has the power or authority to shut down the pipeline. Justin Trudeau replied that they filed the brief and are continuing to engage and encouraging mediation between the parties involved. O’Toole asked the same question in French, got the same answer, and then he asked why Trudeau personally approved a raise for General Vance if his office was investigating him for sexual harassment, and Trudeau stated that his office did not investigate, but that was PCO, as political offices should never conduct investigations, before he gave some usual bromides about supporting men and women in uniform. O’Toole related the question in English, got the same answer, and then insisted that he caught out Trudeau in a lie, stating that Katie Telford was apparently “investigating” when she sought assurances the allegations didn’t pertain to a safety issue, but Trudeau shrugged off the allegation and repeated his usual assurances of taking all allegations seriously and following the same process the Conservatives did in 2015.

Yves-François Blanchet rose for the Bloc, and he groused about time allocation on C-19, insinuating that the prime minister wanted an election in a pandemic. Trudeau disputed that, stating that he doesn’t want one, but the Bloc and Conservatives obviously do because they voted against a confidence issue. Blanchet said he wasn’t afraid of an election but didn’t want one, and repeated the allegation, and Trudeau considered this far-fetched, but they need to be prepared in a hung parliament for a possible election, since the opposition apparently wants one.

Jagmeet Singh led for the NDP, and accused the government of sending the military to spy on Black Lives Matters protests, and Trudeau agreed that the reports were concerning and he was looking into them. Singh repeated the same question in French, as though Trudeau didn’t just deny involvement, and Trudeau repeated his same response. 

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QP: Being smug about a flailing minister

For Monday, the depleted ranks in the Chamber were a little lower than usual, and once again, the only Liberal present was Mark Gerretsen. Candice Bergen led off in person, and read that there were contradictions between Katie Telford’s testimony and something that Senior Liberal Sources™ told the Toronto Star. Harriet Sajjan insisted that they took appropriate action at the time given that they had no . Bergen tried again, got the same answer, and for her third question, Bergen tried to ask Candice Bergen how the Feminist Government™ could allow this to happen, and Sajjan have his usual lines about having a lot more work to do, naming former Justices Arbour and Fish for the work they are undertaking. Gérard Deltell took over in French and repeated Bergen’s first question, got the same answer. Deltell then tried the tactic of asking Freeland about how she could have let this happen, but Sajjan repeated his well-worn lines.

Alain Therrien led for the Bloc, and he groused that Bill C-19 was being put under time allocation, and Dominic LeBlanc reminded him that nobody wants an election but they wanted to respond to the Chief Electoral Officer’s report. Therrien insisted that by imposing time allocation, the government was tacitly admitting they want an election as soon as possible, and LeBlanc repeated his answer.

Alexandre Boulerice led for the NDP by video, and he accused the government of ignoring the Deschamps Report before hiring Justice Arbour, and Sajjan repeated his lines that they have know they have more work to do. Lindsay Matthysen repeated the question in English, and Sajjan repeated his answer.

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Roundup: Ambrose’s bill becomes law

Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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QP: Getting the minister to stick to his talking points

While we had a couple of leaders present in the Chamber today, the Liberal benches remained largely empty, with only Mark Gerretsen and Francis Drouin present. Erin O’Toole led off, his scripts on his mini-lectern in front of him, and in French, he quoted the Globe and Mail by saying that it was amateur hour on Bill C-10, and selectively quoted Michael Geist’s concerns about freedom of expression, and demanded the bill be withdrawn. Steven Guilbeault read a script that C-10 forces web giants to invest in Canadian and Quebec creators, and the Conservatives, by blocking the bill, were merely shielding web giants. O’Toole repeated the question in English, and got the same answer in English. O’Toole claimed that Guilbeault doesn’t understand his own bill, and he tried to conflate this with media funding, and called it a direct attack on free speech (something none of the experts have actually said), and Guilbeault suggested that O’Toole actually read the bill, because Section 2.1 states that individuals who upload content are not considered broadcasters. O’Toole the switched to French to complain that it was taking longer to approve immigration files in Quebec than in the rest of the country, and Marco Mendicino recited some reassuring lines about the value of immigration and reaching the right levels. O’Toole pivoted again, and in English, demanded action on Line 5, for which Seamus O’Regan noted the importance of the pipeline on both sides of the border, and why they were making that case.

Rhéal Fortin led for the Bloc, and he raised the General Vance allegations, and wondered if the prime minister considered it a problem that his defence minister didn’t alert him. Harjit Sajjan insisted that he followed the right procedures, and that they were committed to culture changes in the military. Fortin raised the notion of seeking Sajjan’s resignation and replacing him with a female defence minister, and Sajjan, naturally, disputed this.

Jagmeet Singh rose for the NDP, and in French, he demanded the government commit to waiving COVID vaccine patents, to which Mary Ng recited that they would participate in these negotiations at the WTO. Singh repeated the question in English, and Ng repeated her response.

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Roundup: PROC needs to grow up

I find myself losing all patience with the state of Commons committees in the current parliament, and the shenanigans happening at the Procedure and House Affairs committee right now are really not helping matters – and to be clear, it’s all sides that are to blame here, with particular blame going to the prime minister himself for starting this particular farcical exercise of tabling a prorogation report and patting himself on the back for it, and then watching it all blow up in his face.

The notion of a “prorogation report” was always stupid. I get that the idea was supposed to be about trying to increase openness and transparency, and finding a way to demonstrate that tactical prorogations would be avoided, and so on, but it was dumb. The better alternative, as I pointed out in my book, was to restore prorogation ceremonies, where the government would have to have a public accounting of what they accomplished in the session and outlining how they felt that they accomplished the goals set out in the previous Throne Speech, before they set out for a new one. You get public accountability, and you get some pomp and ceremony from the Governor General or the deputy reading that speech (and it should be the GG – the practice of it being the Chief Justice is another one of those particular pieces of historical trivia that is infuriating in how it perverted norms that were carried on unthinkingly). But Trudeau didn’t go that route, despite having publicly mused about it, and here we are today.

The fact that the Liberals are filibustering at the committee is everyone’s fault. Yes, Trudeau should appear at committee to testify why he decided to prorogue – it’ll be a useless exercise in him delivering talking points, but it’s his decision and he should be questioned for it if this is the route that he chose to go. But trying to get Katie Telford violates the issue of not calling staffers because of ministerial responsibility, and summoning the Kielburgers and the people who run Speaker’s Spotlight to testify as well is beyond ridiculous, because they have absolutely nothing to say about the prime minister’s decision. Sure, the prime minister quite likely prorogued because of the constant WE Imbroglio circus going on – but those particular figures aren’t going to say anything useful to the committee about the prorogation report, which is what they are supposed to be debating. It’s all about trying to keep the WE Imbroglio in the spotlight for as long as possible, never mind that most Canadians have long since moved on from it, because the opposition parties think they can still use it to score points. Nobody is doing their jobs anymore, the notion of a prorogation report is a sham, and this whole exercise is just wasting parliamentary time, and exhausting the limited resources of hybrid sittings (especially the interpreters). Everyone needs to grow the hell up, and maybe, just maybe, Trudeau will have learned his lesson that this report was a dumb idea and he’ll do the right thing next time and restore the prorogation ceremony instead.

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Roundup: The meltdown over NACI

There was a collective meltdown yesterday as the National Advisory Committee on Immunization delivered its most recent recommendations, saying that they recommended that the Johnson & Johnson vaccine be deployed for those over 30 (even though the current supply in the country is currently on hold pending a review of its quality control), and then cited that mRNA vaccines remained their preferred candidates – and everyone lost their minds.

This is not really unexpected if you have been paying attention, where the chair of the committee in particular has said that because of the “safety signal” attached to AstraZeneca related to the particular blood clots (which are very serious – there is a reasonably high fatality rate related to them) that it would be preferable to get mRNA vaccines, but if someone could not wait for them, then they should get the first available vaccine, even if it’s AstraZeneca. In their minds, it’s about being transparent around the risk factors associated, and they’re right. It’s just that this makes it harder for governments and public health officials to carry on with message that the best vaccine is the first one you are offered. Both are correct, and NACI has a lot of nuance in their guidance that is difficult for people to parse effectively, which is a problem, but it’s a question of whether the problem is NACI’s in how they communicate their guidance, or a problem in particular with media who are supposed to be able to take complex issues and translate them to the public, and yet are not very good at it (often walking away from these releases citing that they are “more confused than before,” which they shouldn’t be if they paid attention). It especially isn’t helped when certain journalists, talking heads, and especially certain MPs conflate the very different roles that NACI and Health Canada have, and try to assert that they should always be “on the same page” when they have different roles. Health Canada determines the safety of the vaccines, NACI offers guidance on the best way to deploy them, factoring in the current local epidemiology and vaccine supplies – guidance which provinces can accept or reject. It’s also why that guidance is always changing – they are reacting to current circumstances rather than just offering a simple recommendation once and being done with it, which most people are not grasping. And they have operated pretty much invisibly for decades, because there hasn’t been the kind of public attention on new vaccines up until now, which is why I really dislike the calls by people to “disband NACI” after yesterday’s press conference.

I get that people want clear binaries, and simple instructions, but that’s not NACI’s job, really, and expecting them to change their way of communicating after decades is a difficult ask. There is a lot of nuance to this conversation, and I will point you to a couple of threads – from professor Philippe Lagassé here and here about this kind of advice and how it’s communicated to the public; as well, here is hematologist Menaka Pai, who talks through NACI’s advice and what it means.

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Roundup: Playing chicken with the variants

It’s been such a long and dispiriting week, as many of us in this country live under the rule of murderclown premiers who simply refuse to do their jobs when it comes to this pandemic, and keep trying to blame the federal government for their failures, or to at least distract from their inaction. We’re going through that especially in Ontario right now, where Ford and his ministers keep up this song and dance about the borders, without once recognising their own culpability in the spread of variants.

Dwivedi is absolutely right about the role of the media in this, constantly framing this as “squabbling” or “finger-pointing,” and not “there is clear jurisdictional authority for the province and they refuse to exercise it,” which means that these premiers (and Doug Ford most especially) get to escape being held to account. This is why I object so strenuously whenever I hear another journalist or TV host say “nobody cares about jurisdiction in a pandemic.” Sorry, but that’s not how real life works. There’s a division of powers in the constitution that doesn’t care about your feelings.

Meanwhile, Andrew Leach has a few observations about the situation in Alberta that are just as trenchant as the ones in Ontario.

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Roundup: Offering disinformation in a clownish motion

Yesterday was a Supply Day for the Conservatives, and they decided to push a motion about access to vaccines – but because they are committed to a certain number of narratives that don’t belong in the real world, it was about as cartoonish as one might expect.

Part of the premise of why this so ridiculous is because the notion that sufficient vaccine supply could have been delivered in January and February – let alone right now – belies a belief that we live in some kind of post-scarcity society like in Star Trek: The Next Generation, where replicator technology basically eliminates these kinds of problems, such as supply chain issues, or the time it takes to scale up manufacturing, or the time to actually make the vaccine itself. It also seems predicated on the belief that Canada is apparently the only country in the world suffering from the pandemic, and that we should have some kind of claim to all of the vaccine first (even though we were far less badly hit than many, many other countries). There is a blatant falsehood in the motion where it claims that it was the federal government that recommended that the interval between first and second doses be extended to four months – that was not a federal decision. It was a recommendation by the arm’s length National Advisory Committee on Immunization, and they weigh their recommendations based on the current epidemiology, and it was in there considered opinion that there was a greater good in getting as many people their first dose as quickly as possible given supply constraints, and that the four months is likely to shrink as more doses arrive. More to the point, provinces decide whether or not they will accept NACI’s guidance or not, and not the federal government. The inclusion of this in the motion is pure disinformation designed to stoke anger. Finally, it ignores that the reason there are increasing “lockdowns” (and in most parts of the country, they’re not real lockdowns) are because premiers failed and didn’t properly control spread – most especially in those provinces where they re-opened too early, in spite of warnings that the new variants would cause spread faster, and yet they went ahead and did it anyway. This, again, is not on the federal government and it was always a fallacy that we could have vaccinated our way out of the second or third wave without lockdown measures.

https://twitter.com/robert_hiltz/status/1387827704204906497

https://twitter.com/robert_hiltz/status/1387847095357485057

 

Of course, this is happening in the shadow of an oncoming surge of new vaccine deliveries, which has Ontario and Quebec are promising that everyone should be eligible to get a first dose before the end of May, which is not far from what O’Toole and company were demanding in their clownish motion. So, was this is a play to try and claim victory when the vaccination numbers start to climb? Or is this just a play to the base where facts don’t matter when there are emotions? Either way, it’s not the best look for the party that considers itself the government-in-waiting.

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QP: Believing a phone call could solve it

On a fairly lovely day in the nation’s capital, the prime minister was present in the House of Commons, with the usual Liberal in attendance, Mark Gerretsen, a couple of rows behind him amid otherwise empty benches.  Erin O’Toole led off in person and in French for a change, and he listed the people who knew about the allegations against General Jonathan Vance, and whether he knew. Justin Trudeau said that they knew there was an allegation but were not privy to details. O’Toole tried again in English, and Trudeau repeated the answer before he embellished with the talking point that when O’Toole himself heard a rumour of allegations against Vance, his staff went to Privy Council Office, and the same process had been followed, while the current government had done more about changing the culture in the armed forces. O’Toole tried yet again, insisting that emails showed that the phrase sexual harassment was used, and Trudeau more forcefully insisted that they did try to investigate but could not go further which was why they were putting more measures into place. O’Toole tried yet again, with more bluster, for which Trudeau started sermonising about doing more for women and marginalised people in the military.

Yves-François Blanchet rose for the Bloc, and insisted that the prime minster could have personally picked up the phone and stopped the Port of Montreal strike, for which Trudeau insisted that if the Bloc wanted to take action on behalf of Quebeckers, and pass the bill so that they can set up a neutral mediation process. Blanchet again insisted that the prime minister needed to pick up the phone, and Trudeau stated that they tried negotiating for two-and-a-half years, and it was for naught, and he demanded support for the bill.

Jagmeet Singh was up next for the NDP, and in French, he demanded the government withdraw the back-to-work legislation for the Port of Montreal, and Trudeau insisted that they did try negotiations, and that this bill would not impose a contract but rather neutral mediation. Singh then switched to English to demand the government improve the federal sickness benefit — oblivious to what that entails — and Trudeau reminded him that the best leave is the one from employers and that the NDP voted against them implementing it for federally-regulated sectors.

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QP: Weaselling over the Port of Montreal strike

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

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

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

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