Roundup: The Languages Commissioner goes rogue

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

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

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

https://twitter.com/EmmMacfarlane/status/1417267990790279174

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Roundup: Misconduct at CBSA? You don’t say!

It was not really a surprise to see the news that misconduct investigations of CBSA officers has increased over the past year – even in spite of travel volumes being down precipitously over the last year – and cases included things like interfering in an immigration process, belittling clients, abusing authority and sharing private information. Partly why this isn’t a surprise for me is because I’ve been tracking some of this for a while – I’ve heard horrific stories from lawyers, and from the Senators who have been pushing for independent oversight for CBSA for years.

That independent oversight still hasn’t happened. There have been numerous bills introduced in Parliament to provide it, and the most successful to date was a Senate initiative to create an Inspector General for CBSA. This was something the Liberals used to be in support of. Ralph Goodale was set to sponsor the bill in the Commons, until he became minister for public safety, then suddenly wouldn’t touch it with a bargepole. When the bill passed the Senate unanimously, no one in the House of Commons dared to sponsor it there, MPs on the Liberal side having been warned away, and Conservatives were certainly not going to sponsor a Senate Liberal bill (and the Bloc and NDP most certainly were not either). The Liberals did introduce a weak sauce version of an oversight bill at the end of the previous parliament, with no time for it to go through, then again early in the current one, which died on prorogation and hasn’t been introduced since. That version would put CBSA under the RCMP’s Civilian Complaints and Review Commission, but for all intents and purposes, CBSA would still be investigating itself, meaning that the oversight is certainly not independent (and the CCRC is having a hard enough time getting the RCMP to sign off on its own complaints, which can’t be formalized until such sign-off).

The political will for this seems to be non-existent, which is strange, considering that the Liberals did reimplement plenty of other oversight for national security institutions like CSIS and CSA, and while some of CBSA’s activities call under the ambit of the new national security oversight bodies, it doesn’t capture the oversight of all of their activities. There are known problems with CBSA, and it’s unthinkable that a law enforcement body like it doesn’t have proper civilian oversight. The disconnect is unfathomable, but puts another mark in the column of Liberals being weasels about their promises once again.

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Roundup: The choice of patios over schools

Days after Ontario premier Doug Ford put on a dog and pony show of consulting scientists, health experts and educators about whether to re-open schools for in-person learning for the remainder of the school year, demanding consensus, Ford declared yesterday that he was going to cancel those classes – but he wanted all grades to have an outdoor graduation at the end of the year. This genius suggestion apparently came from a letter he got from a child, and he immediately headed to said child’s home to discuss it. That’s right, Ontario – not only is this province run by incompetent and unethical murderclowns, but they’re taking policy suggestions from literal children.

Pouring salt into the wound, Ford is now trying to push up his re-opening dates for the economy, immediately contradicting his handwringing that schools are too unsafe because of the variants of concern in the community, but those very same variants would be as much a threat to other businesses re-opening, so it’s neither credible nor cogent. And even if we’ve got good vaccination numbers, the hospitalisation and ICU numbers are still way too high to consider any kind of re-opening, or we’ll just repeat the same pattern we did with the previous two waves of this gods damned pandemic. But hey, he wants people to have a beer on a patio.

And we need to keep this in mind, especially when it comes time to hold Ford to account at the ballot box – he made these choices throughout the pandemic to delay, to take half-measures, to not make schools safe, to do simply try to blame-shift rather than act on areas that are under his responsibility, to sit on federal funds rather than spending them immediately and effectively to do things like expanding testing and tracing, and the economy wasn’t any better off as a result. It’s on him, as these were his choices.

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Roundup: A flawed way to fix the CRA’s mistakes

Remember the issue with self-employed Canadians applying for CERB, and being told they were eligible for gross income only to later be told that no, it was really net, and they may have to repay it? And then the government came to the realization that they were going to find themselves in serious trouble (such as a class action lawsuit) if they didn’t change course, and let those CERB payments go ahead? Well, for the people who made repayments, they can get that money back – but they have to apply for it. And that becomes the real trick.

With that in mind, here is Jennifer Robson raising some concerns with the whole thing, because CRA is not doing this very well. And that could be a problem for some of the people this is supposed to have been helping in the first place.

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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: Unnecessary, lethal delays

The pandemic continues to accelerate in certain parts of the country, because that’s what exponential growth is – exponential. To that end, Dr. Theresa Tam is calling for stricter lockdowns, because the longer you delay, the worse it gets. So what is Doug Ford doing? Delaying until Monday to decide on extending lockdown measures in some regions of the province, and signalling that tougher measures won’t go into effect until Boxing Day – you know, so that there can be more holiday super-spreader events and the situation will spiral out of control that much faster. Good job! And no, there haven’t been actual lockdowns, which is why the measures that have been put into place so far haven’t been effective (and there is talk emerging that some of the hot spots are in large industrial workplaces, that the government is insistent on remaining open).

There is some more promising vaccine news, in that it looks like there will be scheduled 125,000 doses of the Pfizer delivered per week in January, while more freezers are being delivered to provinces to store the doses. As well, the Moderna vaccine is nearly ready for approval (apparently Health Canada is waiting on some more manufacturing data), and new guidance is suggesting that it won’t need to be frozen as initially indicated, which makes it even more versatile for delivery in rural and remote communities.

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Roundup: A promise to fight back against federal action

Another day, more record-breaking COVID cases in this country. In Ontario, new modelling suggests that if we don’t get this under control that we’ll be seeing 6,500 new cases a day by mid-December, which should terrify everyone. And Doug Ford? Well, he called the reports that he ignored public health advice “inaccurate,” and “one doctor’s opinion,” and insisted that he’s trying to find a “balance.” Because the needs of businesses outweigh human lives.

https://twitter.com/EmmMacfarlane/status/1326965295941099521

In Alberta, where the pandemic is starting to overwhelm a couple of hospitals, Jason Kenney was back in isolation for the second time after another close-call with a positive COVID case (which he tested negative for) – because he’s totally taking it seriously. Kenney decided to “toughen” measures, which means that he…reduced hours in restaurants and bars, stopped indoor sports, and limited weddings and funerals. Because he still refuses to do a proper lockdown to get infections under control, and he refuses to do anything to inconvenience businesses. Hell, he’s still telling people to go out to restaurants and bars – just not as late, which also has the added effect of ensuring more people will be in these establishments during the compressed hours, which would seem to increase the chances of infection rather than decrease it. After all, Alberta’s public health insisted that people should socialize in a “structured setting” (i.e. restaurant or bar) instead of at home, so they’re really taking it seriously.

As for those who still insist on calling on the federal government to enact emergency legislation, Ford stated yesterday in no uncertain terms that he would not stand for it, and warned that other premiers would also fight back because they want to guard their own jurisdiction. So yeah, unilateral federal action would not fly (not that it really could under the terms of the Emergencies Act anyway), and we’d simply wind up in court over it. In other words, stop waiting for Trudeau to act (because he can’t) and pressure the premiers instead to quit worrying about businesses – especially since they have the power to help them out – and worry instead about the hundreds of deaths that are happening every week.

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Roundup: Hopes and fears for Biden

And there we have it – it has been declared that Joe Biden has been declared the winner of the presidential election in the United States, and with that declaration, Canadian leaders of all stripes sent their congratulations over the weekend. While our foreign affairs minister hopes for some more stability and predictability in the new administration, the energy sector in this country is nervous that Biden had pledged to rescind the approval of the Keystone XL pipeline (thought it has been held up in American courts).

But as much as everyone is celebrating and sending out clips from the end of Return of the Jedi over social media (an odd choice considering that the Empire didn’t fall after that battle, but kept on kicking for another year, and its remnants metastasised into the First Order that decimated the New Republic), I feel the urge to be a bit of a wet blanket to point out that some 70 million Americans still voted for Trump and everything that he stands for, including racism and the march toward a fascist state, and he’s still in office for nearly three more months. The American impulse tends to be that politics is to be treated as a spectator sport, where they cast their ballots once every four years and then watch the show in between, rather than actually grappling with the real issues that face their country – particularly given that their Congress is largely unable to as the real likelihood that the Republicans have maintained their hold on the Senate will mean that virtually nothing will get done for the next couple of years. Not to say that civic engagement in Canada is a whole lot better, but at least our Parliament is actually built to move things through rather than for gridlock, as evidenced most recently by the fact that we could get pandemic supports for people and businesses out the door, whereas they are stalled in the US Senate. The lure of Trump and his ethos is not far gone, just because Biden won the White House, and that should remain the cautionary tale rather than people thinking the problem is solved and returning to complacency.

To that end, Susan Delacourt warns about Trumpism and the lure of “ordered populism” in Canada, as it is not a phenomenon contained solely to the United States. Likewise, Aaron Wherry notes that it was not a landslide for Biden, that Trumpism is still around, and that America needs to reckon with itself on this fact. I will note that Chris Selley did try to grapple with what Trumpism is without Trump, but I think that when Delacourt quoted pollster Frank Graves about “ordered populism,” that it may be the more accurate handle once Trump is out of the picture.

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Roundup: Mischief with a reasonable goal

It may be a bit of mischief, but it’s certainly well-deserved, as the Alberta NDP are moving a motion in the legislature to have the government condemn separatism. The ostensible goal for the denunciation is because talk of separatism is bad for the economy – it drives away investment, no matter how low corporate taxes are (and you only have to look to Canadian history to see how the two referendums in Quebec saw the country’s financial capital move from Montreal to Toronto, even though Montreal was a more tax-advantageous environment). If Alberta hopes to diversify their economy, they need to ensure that they aren’t driving away investment in a similar way.

It’s also about jamming Jason Kenney to an extent, because while he has stated in the past that he’s not a separatist, he’s also winked and nodded to them in a fairly constant fashion, and used his own rhetoric to fuel their arguments, up to and including his ridiculous “Fair Deal Panel.” But with the rise of separatist parties, both federally and provincially in the prairie provinces, there are concerns about them gaining political traction – particularly as the so-called “Buffalo Party” gained a fair number of votes in last week’s Saskatchewan election, and it may have some people in Alberta worried. Granted, the Conservatives in the province should likely be more worried because they’re likely to peel voters away from the Conservatives, which may allow the NDP to come up the middle provincially, but there should also be no doubt that letting these separatists get any kind of political traction – even a handful of seats – would be sending the wrong signals to markets. Having Kenney denounce them in a way that they can’t spin as winking or nodded to them may be a way to take some of the wind out of their sails – but it could also expose divisions in Kenney’s own caucus (which is partly where the mischief comes in). Nevertheless, even if the movement is headed by a bunch of swivel-eyed loons who have no chance of success, they can cause a lot of damage along the way, and should be taken down at every chance.

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Roundup: O’Toole’s “cancel culture” performance

Conservative leader Erin O’Toole is making obligatory right-flavoured populist noises, decrying “cancel culture” because Queen’s University’s board voted to consider changing the name of their John A. Macdonald building, as is much the flavour of the day. It’s this juvenile, performative noise, but this is the kind of thing that O’Toole built his leadership around, without any critical thinking whatsoever, so here’s @moebius_strip to point out the sheer absurdity of it all.

https://twitter.com/moebius_strip/status/1316454539596234753

https://twitter.com/moebius_strip/status/1316465701100552192

https://twitter.com/moebius_strip/status/1316465838468198401

Meanwhile, there is consternation because the Library and Archives websites haven’t yet updated their biographies of prime ministers like Macdonald and Laurier to adequately convey that they had racist policies, and lo, cookie-cutter journalism gets the same four voices to decry this that appear in every other story. Never mind that Library and Archives says that they are doing consultations in order to do the work of reconciliation, and that there will be updated versions coming – it’s not good enough because this all needed to be done yesterday.

Part of the problem here, however, is that it will take time to get a properly nuanced version of history that both acknowledges their contributions to building the country while also acknowledging the racism of the era – particularly because it’s not simply black-and-white, and anyone who has read Macdonald’s biography will find it hard to simply pigeon-hole him as some kind of cartoon racist, which is certainly what some of the online dialogue would have us do. Yes, he’s a complex and problematic figure, but he was also a moderating influence, and his racist policies were actually the less-bad ones that were being demanded by a lot of voices of the era, which I doubt is going to be acknowledged to the satisfaction of his modern-day critics. It’s not a simple conversation, but that seems to be what is being demanded.

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