Roundup: Amendments and dysfunction

There is some movement on legislation in the Senate, with the amended fisheries bill heading back to the Commons, as is Bill C-69 on environmental assessments. This bill was passed on division (meaning no standing vote) and will let the government reject all of those amendments made at committee that were essentially written by oil and gas lobbyists, which nobody had the intestinal fortitude to want to actually debate, preferring the tactic championed by the Leader of the Government in the Senate, Senator Peter Harder, to let someone else do the heavy lifting. That way the government can defeat the bulk of those amendments in the Commons on a whipped vote, and then Harder can say “the elected Chamber has spoken” while patting himself on the back for the amendments that did pass – likely only the ones the government itself proposed.

The bigger drama is being reserved for C-48, the tanker ban bill, as the whole Senate voted to overturn the committee report that recommended it not go forward, which was pretty much how I expected it to go. Given the torqued, partisan report that emerged, the talk about the committee being dysfunctional are ringing pretty true, but I’m not going to blame the Conservatives for that because the Independents aren’t stepping up. The likely next steps for this bill are for amendments to be debated at third reading, the bulk of which are likely to be defeated, and then the Conservatives will play procedural games with the debate so that Harder is forced to invoke time allocation on a final vote for it, because the Conservatives have set up that situation for him.

Meanwhile, there has been a lot of wailing and gnashing of teeth about the UNDRIP bill, particularly that the Senate didn’t vote to give the Aboriginal People’s committee permission to meet while the Chamber was sitting in order to discuss it – which isn’t actually a sinister plot. The Senate is set up so that the Chamber meets for only a few hours in the day and that committees don’t meet then, which also has major logistical considerations – they don’t have enough staff or interpreters to cover both, unlike the House of Commons. And to illustrate that, this thread by Chris Reed explains some of the procedural considerations of what happened. But also remember that in the midst of the Senate’s Order Paper crisis, nobody wants to take any responsibility and are content to blame the Conservatives for being “partisan.” They’re not the problem here.

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Roundup: An unusually partisan report

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

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

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

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Roundup: Objections to the waiver

At first it seemed like today was going to be the big day. Jody Wilson-Raybould had agreed to meet the justice committee to tell “her truth.” On his way into Cabinet, Justin Trudeau said he was “pleased” that she would be able to appear at committee. The committee agreed to give her the thirty minutes she requested off the top instead of the usual five or ten for an opening statement. Some MPs wanted to try and get the hearing moved from after QP to beforehand (never mind that it’s when all of the parties hold their caucus meetings) in order to be able to ask the PM any questions that might arise from the testimony. And then, surprising probably nobody who paid attention, Wilson-Raybould sent another letter to committee, expressing her “concerns” that the Order in Council that waived solicitor-client privilege wasn’t enough for her to tell the full story.

At this point, it’s starting to feel like a game – that Wilson-Raybould’s attempt to keep controlling the narrative is running out of runway, given that Michael Wernick called her out and Justin Trudeau went and waived solicitor-client privilege (unnecessarily, if you listen to some of the legal commentary out there), and now she’s trying to sow doubt that she’s still not completely free to speak, in order to keep up the narrative that she’s the victim or the hero, distracting from her poor record as justice minister. And it’s starting to feel like the more song and dance that she keeps putting up in order to keep from speaking, the less there is to what she has to say. But maybe I’m getting cynical after a decade on the Hill.

Meanwhile, former litigator Andrew Roman takes a deeper look into the portents of doom for SNC-Lavalin if they were subject to prosecution and even a ten-year ban from federal contracts, and finds them to be less dire than advertised, which makes any alleged wrongdoing by the government to protect them all the more baffling.

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Roundup: Poking at polarization

The new issue of Maclean’s is focused on political polarisation in Canada, with whole suite of stories and op-eds about the issue, starting with what is perceived to be the problems with the “left” (although this piece is more about the Liberals than the “left”) and the “right” in Canada, though I’m not sure how much relevance those particular classifications have any longer, as they’ve been so bastardised with a focus on populism that is either left or right flavoured (and lo, Anne Kingston makes that point here). And with polling showing that one in four hate their political opponents, and Trudeau especially, they made a point of trying to explore the divide.

Delving in further on the right, Andrew MacDougall looks at the Conservatives’ use of snark and shitposts to try and throw red meat to a base that stayed home in the last election, while Jen Gerson tries to equate the attempts made by Conservatives to tap into the current populist uptick as trying to tap a relief well to prevent a worse explosion – but they are playing a risky game that could infect their politics for a generation. On the other side, Andray Domise points to the “woke Olympics” and shifting social rules that alienate newcomers on the left, while Terry Glavin looks to the yellow vest protests in France (as opposed to Canada) as a sign that populism on the left is becoming indistinguishable from populism on the right.

But amidst this talk of polarisation, Paul Wells offers the piece that is probably most necessary – a reality-check as to the history of polarisation in this county, and how it’s always been there, in very blatant ways, and how we seem to be a country that is constantly battling amnesia as we clutch our pearls about losing our innocence. Not to say that some things haven’t changed, but it’s not like we’re wilting flowers being exposed to some new terrible new vitriol. (It’s like in Question Period, it’s the most behaved MPs have been in decades, possibly ever, and we’re still wringing our hands over it). That said, I think this was a good and timely package from Maclean’s, seeing as we’re entering into an election year and the nonsense on all sides is going to ratchet up to eleven really fast. Being clear-headed about where our politics are going is always a good thing.

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Roundup: It’s Statute of Westminster Day!

Today is the anniversary of the Statute of Westminster, which you should be very excited about. Why is it important? Because in 1931, this is not only the Act of Parliament that gave Canada its sovereignty in terms of setting our own foreign policy – essentially meaning we were now a real country and no longer a glorified colony – but more importantly, it also created the Canadian Crown. In fact, this is where the Crown became divisible, and suddenly the Crown of the United Kingdom split off to become the Crowns of Canada, New Zealand, the Irish Free State, South Africa, Newfoundland, and Australia. The realms have changed since then, but the principle remains – that the King (now Queen) was no longer just the King of the United Kingdom, but that each realm had their own separate legal Crown as well. This is an important milestone in Canadian history, and we should pay much more attention to it than we traditionally do – particularly if you’re a fan of the Canadian monarchy because this is where it all began for us.

With this in mind, here’s Philippe Lagassé explaining the consequences of the Statute with regards to royal succession and the compromises that resulted from it.

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Roundup: Looking for a domestic MS-13

Over the past week, Andrew Scheer has been touting his latest pre-election policy plank, which promises to tackle the problem of gang violence – except it really won’t. His proposals are largely unconstitutional and fall into the same pattern of “tough on crime” measures that are largely performative that do nothing substantive about the underlying issues with violent crime, but that shouldn’t be unexpected. The measures go hand-in-hand with their talking point that the government’s current gun control legislation “doesn’t include the word ‘gangs’ even once,” and how they’re just punishing law-abiding gun owners. And while I will agree with the notion that you can’t really do much more to restrict handgun ownership without outright banning them, it needs to be pointed out that the point about the lack of mention of gangs in the bill is predicated on a lie – the Criminal Code doesn’t talk about “gangs” because it uses the language of “criminal organisations,” to which gangs apply (not to mention that you don’t talk about gangs in gun control legislation – they’re separate legal regimes, which they know but are deliberately trying to confuse the issue over.

I have to wonder if the recent focus on gangs as the current problem in gun crime is that they need a convenient scapegoat that’s easy to point a finger at – especially if you ignore the racial overtones of the discussion. Someone pointed out to me that they’re looking for their own MS-13 that they can demonise in the public eye – not for lack of trying, since they focus-tested some MS-13 talking points in Question Period last year at the height of the irregular border-crossing issue when they were concern-trolling that MS-13 was allegedly sending terrorists across our borders among these asylum seekers. The talking points didn’t last beyond a week or two, but you know that they’re looking to try and score some cheap points with it.

With that in mind, here is defence lawyer Michael Spratt explaining why Scheer’s latest proposal is a house of lies:

Or as another criminal defence lawyer, Dean Embry, puts it, if you’re going to make stuff up on this issue, then why not go all the way?

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Roundup: Mandate letter madness

Yesterday was the big day that the mandate letters for the new cabinet minister were finally released, and the Cabinet committees got a bit shake-up. You can get an overview of the letters here, and some deeper analysis on what’s being asked of Jim Carr in international trade, Dominic LeBlanc in intergovernmental affairs, and Jonathan Wilkinson in fisheries. Reading through the letters, however, I found that almost all of the new letters – either with established ministries or with the new ones that they are establishing – were all giving them specific direction on which other ministers they should be working with to achieve specific goals. Very few of them were goals that they were to pursue on their own, which I find to be very curious from a governance perspective.

The big question mark remains around Bill Blair and just what he’s supposed to do as Minister of Looking Tough on Stuff – err, “border security and organized crime reduction.” We got no insight as to whether he has any actual operational control over a department or an agency like CBSA. Rather, his list of goals included looking at a ban on handguns and assault rifles as part of the existing Bill C-71, and that as part of his duties in relation to the border, he should have discussions with the Americans about the Safe Third Country agreement, but it was all rather vague. (There was also some talk about opioid smuggling as part of his border security duties, for what it’s worth). Nevertheless, it was another one of those letters that was focused on which other ministers he’s supposed to be working with as opposed to providing oversight of a ministry, which I find weird and a bit unsettling as to what this means for how the machinery of government works under Trudeau.

Meanwhile, the number of Cabinet committees was reduced, and some of the files that certain of these committees were overseeing got shuffled around. We’ll see how this affects governance, but it’s all a peek into the sausage-making of governance (which, it bears reminding, that the Ford government in Ontario refuses to give any insight into as he refuses to release his own ministers’ mandate letters).

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Roundup: A dearth of innovative policy ideas

While Maxime Bernier’s social media committee continues to demand attention (yesterday’s missive was to declare “political correctness” dead in Canada – in both official languages), all eyes will turn to Andrew Scheer as the party’s policy convention gets underway this week in Halifax. There is all kinds of talk that they’ll come away from this more united than ever – one of those kinds of meaningless phrases that parties seem to trot out whenever they face the slightest bit of internal criticism or difficulty, and usually before and after there’s some kind of rift or someone gets tossed. But depending on what Bernier tries to do with his acolytes at the convention, we’ll see if his tone or messaging changes after the convention is over, or if this becomes some new problem for Scheer to contend with – eventually.

As for the policy resolutions, most of the ones we’re seeing discussed are…not very innovative. In fact, most of them seem to be either the usual pushing back against restrictions on their well-worn bugaboos and hobbyhorses (looking to make anti-abortion policies more accepted in the party officially, for example), but so few of them seem to be actually coming from a free market conservative point of view. In fact, a lot of what’s on the list is pretty reactionary, and definitely signals a shift from a party that used to be all about the rule of law, and now seems to think they’re above it (witness resolutions against any payments or court settlements with convicted terrorists – a dig at Omar Khadr).

One could go on – a policy about building Energy East, despite the fact that there is no economic case to do so. Repealing gender identity legislation because they are under the illusion that it compels people to use unconventional pronouns (because apparently the Jordan Peterson crowd is well represented here), Andrew Scheer’s problematic policy of withholding funds to universities who don’t defend speech (but no context there, because you know they’ll rail about Israel Apartheid Week), closing the “loopholes” in the Safe Third Country agreement (no mention of how exactly, or the unintended consequences of doing so), maybe developing a climate policy that won’t involve a carbon tax or cap-and-trade (so you’re in favour of heavy-handed and expensive regulation? Really?), prioritizing CANZUK trade agreements (a rose-coloured view of our colonial past that didn’t really exist economically), treating pornography like a public health issue (Seriously, guys – didn’t you embarrass yourselves with this already at the Commons health committee when you couldn’t articulate a policy out of this fraud) – nothing innovating in here in the slightest. So one has to wonder just what vision there is within the party if this is the best that they can come up with for policy resolutions.

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Roundup: Scheer’s milquetoast response

While Maxime Bernier’s Twitter missives continue to roll along, accusing Indigenous communities of playing the victim card and making some pointed remarks about the dedication of a Winnipeg park to the founder of Pakistan (on the date of Pakistan’s national independence), the calls for his ouster have started to mount, particularly from the Liberal side of the aisle – which won’t do much. Within the Conservative ranks, Senator Salma Ataullahjan is calling Bernier out for his divisive rhetoric, and said she planned to talk to Andrew Scheer about how poorly this is playing within the Pakistani-Canadian community that she has been reaching out to for the party. Scheer finally did issue a statement on Wednesday evening, and it was about as milquetoast as you can imagine.

The fact that Scheer didn’t actually condemn Bernier’s statement, and the fact that he immediately engaged in both-sidesism to condemn identity politics “on the left and the right” seems to fit with the fact that this particular kind of shitposting by members of his party is not only tolerated, but is the modus operandi of their current communications strategy. The fact that Scheer is using the same language about identity politics that Bernier is using certainly makes it sound like he’s more than just winking to them about the kind of dog-whistling that they’re engaging in. Whether this is because Scheer is afraid of alienating Bernier’s base within the party, or because Scheer himself sees this kind of footsie with xenophobes as a way of trying to keep the more intolerant section of the base mollified remains to be seen. Still – his choice of language, and his refusal to actually deal with the substance of Bernier’s comments is deliberate and simply raises far more questions than it answers.

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Meanwhile, Chantal Hébert wonders why Bernier is bringing up this fight when it’s even gone dormant in the Quebec provincial election, and wonders if it’s a dare to Scheer to discipline him when he may be the more popular figure in the party. It’s a good question, and Bernier certainly seems to be aiming for a fight at the upcoming convention.

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Roundup: Bozo eruptions coming from the top

Given some of the “bozo eruptions” over Twitter over the past couple of days by Conservative MPs and senators, I have to wonder about both the mindset behind this strategy of posting, and the adult supervision that underpins it. Obviously, the latter is lacking given what we’ve seen this week especially, but we also can’t deny that there is an attempt at strategy behind it, even if it’s a strategy that’s been kluged together in service of a narrative. That narrative is to put “Justin Trudeau” and “failed” in as many sentences together as possible, but it’s also about a deliberate campaign of lies and misdirection in service of creating that narrative. But even with this in mind, some of it is just really, really dumb.

Take this tweet from Shannon Stubbs – who is a pretty decent MP, it should be stated, but seems to have lost her ability to be credible over Twitter. Part of what is so gross about this tweet is that it basically undermines our entire criminal justice system, which requires that the accused have advocates in order to have a fair trial. And she knows this – the party knows this (while they go about fetishizing victims of crime and altering the entire vocabulary around them in order to tilt the playing field against the accused so as to deny them fairness). But the temptation to be shamelessly partisan is just too much for some of them to withstand. And in the end, I have to think that it’s this mindless partisanship is often to blame – and it is mindless. It robs them of their intellect and critical thinking capacity, and makes them focus solely on scoring cheap points.

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I’ve seen a lot of the chatter about the tweet from Senator Denise Batters about Omar Alghabra, to the point that the woke crowd is referring to as a “white nationalist,” which I’m quite sure she’s not – she’s just partisan to the point of being mindless, and that includes making ill-suited attacks to the point of dogwhistling, because it becomes reductive and about scoring points. She should know better. (As for Blaine Calkins and his tweet, well, I’m not sure I’d give him the benefit of the doubt that he knows better, so I’ll leave it at that). But there needs to be a recognition that this kind of point-scoring is actually doing damage to their own brand, and as we’ve seen this week, has blown up in their faces more than once. You would hope that this would be cause for some reflection and that they’ll think twice before continuing to engage in this kind of behaviour – but I’m not holding my breath. So long as the official line from the leader is to lie over Twitter as often as he thinks he can get away with it, he’s set a low bar of an example for the rest of his caucus to follow, and it’s no surprise that we’re seeing these kinds of bozo eruptions.

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