Roundup: $1.6 Billion instead of a magic wand

Yesterday, the federal government announced $1.6 billion in help for the Alberta energy sector – but insisted it’s not a subsidy. $1 billion of it was in loans for exporters to invest in technologies and address working capital needs or exploring new markets; $500 million from to help smaller oil and gas businesses weather the uncertainty, $50 million from the Clean Growth Program, and $100 million in economic diversification projects. It wasn’t something like federal funding for companies to remediate orphan wells, for example. And predictably, Rachel Notley and various other Conservatives immediately dismissed this as not asking for money but wanting “the handcuffs removed,” which seems to me to be code for waving a magic wand to get pipelines built immediately, despite the fact that unless they plan to bulldoze through the Indigenous consultation process, is something the government can’t do. And Andrew Scheer? He went full drama queen with a petulant press release that accused Trudeau of trying to destroy Alberta, sounding very much like a jealous suitor wailing “He can’t love you like I will!”

More to the point, the federal government can’t just ram through the approvals for Trans Mountain, given that the last time they tried to cut corners, the Federal Court of Appeal objected and rescinded their approvals and would do so again, hence why they’re going the route of doing what the court laid out, and that takes time. There is no magic wand. Killing Bill C-69 won’t solve anything because the current system isn’t working, and while the bill is flawed and open to amendment at the Senate, Conservative senators have not consented to any committee hearings before the Senate’s slated (late) return in February (and I have heard various reasons for this, both in opposition to the bill, and because they are pushing back against the committee chair, who they accuse of doing the bidding of Senator Peter Harder). The tanker ban on BC’s north coast? That’s demanded by many of the coastal First Nations. Scrapping the carbon tax? Won’t change anything because it has nothing to do with the oil price differential and oil companies have been asking for a carbon price so that they can have predictability when it comes to climate demands. And then there’s the bogeyman about foreign funded “paid protesters” that the Conservatives blame for everything, despite the fact that they don’t control the courts or the economics of projects. That won’t stop Scheer or Jason Kenney from offering the people of Alberta another vial of snake oil, promising quick approval on pipelines that they can’t actually deliver on.

Meanwhile, amidst more lies and grievance narratives around the federal equalisation programme, Trevor Tombe drops a reality bomb about how the system works and why. Because amidst the demands for magic wands and offering snake oil, the Jason Kenneys of this country will continue to lie about how equalisation works to keep people angry in the hopes of getting electoral advantage for it. We need more people to tell the truth about the system if we’re to keep a lid on the anger and try to do something meaningful to address it rather than simply bow to grievance culture and fabrications.

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Roundup: Salaries are not cement

As the debate over the proposed changes to the Parliament of Canada Act continues to roll along, some of us are struck by the fact that the whole framing of the debate continues to be utterly wrong – that the wrong headline on the Canadian Press piece about prime minister Justin Trudeau looking to “cement” the changes in order to make it harder for a future prime minister to roll them back is completely wrong, given that the PCA has nothing to do with the appointment process. And yet, here we are, once again debating the independent appointments commission, when the actual changes to the Act involve salaries for caucus leaders and some organisational issues. Virtually all of these have been extended to the Independent Senators Group, from committee chairs and assignments, to a role on the Internal Economy Committee, budget allocations for their leadership’s office (aka the “secretariat”), and so on. The only thing they can’t get currently, which they need changes to the PCA for is a higher salary for their leadership team. Fair enough, one might say, but considering that they eschew the label of a caucus, and the roles of both government and opposition, preferring to be neither fish nor fowl, it does make it a bit harder to justify that they should be on equal footing to them. In practice, they are very much a caucus, but this is what the changes they are asking for boil down to – it has nothing to do with “cementing” the changes to the institution, and it would be great if the pundits and journalists talking about this issue could grasp that basic fact.

With that in mind, Colby Cosh penned a fairly (deservedly) harsh piece about the changes to the Upper Chamber, and the fact that Trudeau is creating a Frankenstein’s monster that has more to do with his trying to absolve himself of his responsibility for the Chamber than anything. And Cosh is absolutely right – this has been about Trudeau washing his hands of any whiff of scandal in the Upper Chamber since he became leader, consequences be damned. And there have been real consequences – Trudeau centralised power within his caucus because he got rid of the voices with the most experience who could push back against him without consequences (it’s not like he can threaten not to sign their nomination papers), and got rid of the bulk of his party’s institutional memory in one fell swoop. He’s also losing his ability to get his legislation through the Chamber because he named someone inept as his “representative” (who should be a full-fledged Cabinet minister in order to ensure proper lines of accountability) who refuses to negotiate timelines on bills in the manner in which the Senate operates.

https://twitter.com/PhilippeLagasse/status/1074845188210622465

This having been said, I will again reiterate that what we should strive for is for the ISG to become like the crossbenchers in the Lords, but that depends on a strong enough Liberal and Conservative contingent to provide balance, and this prime minister has no interest in that, preferring to continue with this experiment in Frankenstein’s Monster until he gets burned by it. And while I’m sure that there will come a reckoning, that the ISG will fracture, and eventually some of its members will drift to an established caucus, it may be some time before that happens and sanity starts to prevail in the Chamber. I just wouldn’t count on this prime minister to provide any of it.

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Roundup: The inaugural NSICOP report

The National Security and Intelligence Committee of Parliamentarians tabled their redacted report on the prime minister’s India trip yesterday, and, well, there were a number of redactions. But what wasn’t redacted did paint a picture of an RCMP that bungled security arrangements, and that didn’t have good lines of communication with the prime minister’s security detail, and where they left a voicemail for someone who was on vacation, while someone else in Ottawa decided to not bother trying to reach out until the following day because it was the end of their shift. So yeah, there were a “few issues” that the RCMP fell down on. And because of the redactions (done by security agencies and not PMO, for reasons related to national security or because revelations could be injurious to our international relations), we don’t have any idea if the former national security advisor’s warnings about “rogue elements” of the Indian government were involved was true or not.

https://twitter.com/SkinnerLyle/status/1069736311785951234

The CBC, meanwhile, got documents under Access to Information to show what kind of gong show was touched off with the communications side of things as the government tried to manage the fallout of the revelations of Atwal’s appearance on the trip (and in many senses, it wasn’t until the prime minister gave a very self-deprecating speech on the trip at the Press Gallery Dinner that the narratives started to die down). Because remember, this is a government that can’t communicate their way out of a wet paper bag.

In order to get some national security expert reaction, here’s Stephanie Carvin and Craig Forcese:

https://twitter.com/StephanieCarvin/status/1069747574435995648

https://twitter.com/cforcese/status/1069718997937995776

https://twitter.com/StephanieCarvin/status/1069708639479451649

https://twitter.com/StephanieCarvin/status/1069708795134308362

It should also be pointed out that the opposition parties are trying to make some hay over the redactions, and are intimating that they’re the product of PMO for partisan reasons. It’s not supposed to work that way, but hey, why deal in facts when you can proffer conspiracy theories, or in Andrew Scheer’s case, shitposts on Twitter?

https://twitter.com/RobynUrback/status/1069786954756173825

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Roundup: Not an election issue to fight over

The leader of the Independent Senators Group seems to have inserted himself into the political discussion by demanding to know where parties stand on the issue of Senate appointments in advance of the next election. Senator Woo’s concerns seem to be that he doesn’t want people to “unwittingly” vote for a party that doesn’t conform to their views on the Senate. I’m going to go ahead and say that this was probably a mistake because it’s very easy to construe that he’s looking to shill for the Liberals since they are the only ones to are half-arsing the issue of Senate modernization, at least in this particular bastardized vision of a completely “independent” Chamber that is more likely to be problematic than anything.

In case you were wondering, the Conservatives say they don’t have a firm position yet, but their democratic institutions critic says she prefers the Harper system of appointing candidates voted on in “consultative elections” – you know, the ones that the Supreme Court of Canada said were unconstitutional because they were attempting to do through the backdoor what they couldn’t to through the front door. Oh, and they support a partisan Senate because they have a “very strong Senate group.” And the NDP, well, they’re still insisting that they want to abolish the Senate, never mind that they will never, ever, get the unanimous support of the provinces to do so. That leaves Senator Woo holding the bag for the Liberals by default, which isn’t a good look if he wants to keep insisting that he’s independent from the Liberals.

And those of us who think that maybe the Senate is better off with Liberals, Conservatives and a group of crossbenchers in roughly equal numbers? Who are we supposed to vote for? I suspect we’re SOL, unless the Liberals decide to change their tune after their “experiment” in a totally independent Senate starts to blow up in their faces and they can’t get bills passed (in part because their Government Leader – err “representative” – doesn’t want to do his job), but yeah. I’m not sure this is an election issue to fight over because nobody knows what they’re doing and we’re going to find ourselves cleaning up the mess made in this institution for a generation to come.

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Roundup: Her Excellency’s many issues

The floodgates have opened, and stories about the difficult first year that Her Excellency Julie Payette has been having as Governor General have been fast and furious. From concerns that she’s still living at Rideau Gate rather than Rideau Hall despite there being renovated living quarters now available, to concerns about her not telling her security detail where she’s at, the concerns on the ground that she’s breaking convention by not visiting every province in her first year, were all warm-ups for this wide-ranging piece in the National Post that compiles a lot of the things we’ve been hearing unofficially in Ottawa, about what a struggle the year has been. While some of it is growing pains, and some of it are potentially unfair comparisons to having previously appointed Governors General who were superhuman in their ability to take on a volume of work (and in the case of someone like Adrienne Clarkson, write all of her own speeches for 500+ engagements in a year), I was particularly disturbed by the fact that the Liberal Research Bureau was doing the background checks and vetting for the appointment when Trudeau should have kept the Vice-Regal Appointments Committee in operation (and the only reason anyone can think as to why he disbanded it was that it was Harper’s creation and it was simply an act of pettiness). The fact that they didn’t properly prepare her for the role is also a big red flag as to the seriousness with which they undertook the process and the decision. I hope that these are just growing pains and that they’ll sort themselves out, but given how badly this government has managed its appointment processes so far, it really leaves one questioning some of the competence of the senior ranks of this government.

If there’s a silver lining to all of this, I would say that I hope it means that it might encourage some of these charities and organisations that the GG used to be the patron of might look instead to members of the royal family. This could very well be a golden opportunity to start re-forging some links with our monarchy, and getting more royals on our shores to have a lot more face-time and remining both royals and Canadians that we have bonds that need to be strengthened, lest they atrophy. It’s also a particularly good time given the addition of Megan, Duchess of Sussex, to the family, and the fact that she spent that much time in Toronto gives her that connection already, and we should be capitalising on it (not to mention the fact that Camilla, Duchess of Cornwall, has Canadian ancestors including a pre-Confederation Prime Ministers, and we should be milking that connection for all it’s worth too).

Meanwhile, here’s a look at Payette finally getting to Humbolt, Saskatchewan, six months later, and the fact that she’s been reluctant to visit other sites of tragedies, like Fredericton after the recent shootings there.

Special note: If you’re concerned about the tornado that hit this area, they were to the west of Ottawa, and across the river in Gatineau, and nowhere near the Parliamentary precinct. I wasn’t affected, and my power didn’t go out (hence why you’re getting this morning’s roundup).

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QP: The “failure” drinking game

Almost immediately after the dramatic floor-crossing by MP Leona Alleslev from the Liberals to the Conservatives, a smug press conference from Andrew Scheer, and the arrival of new Conservative MP Richard Martel, things settled in for the first QP of the fall sitting. Scheer led off, mini-lectern on desk, and he listed off the various “failures” of Justin Trudeau, getting breathier as he went along. Trudeau first welcomed the new batch of pages to the House before he listed the various successes of the government, including the $2000 more in the pockets of families. Scheer listed the “failures” in the energy sector, and Trudeau noted the ten years of failures by the previous government, and that they would get Trans Mountain built “in the right way.” Scheer tried again, and got slightly more pabulum from Trudeau on the need to get more markets for oil. Scheer then switched to the “crisis” of irregular border crossers, and Trudeau reminded him that while it was a challenge, they invested in necessary measures to ensure that rules are all followed. Scheer asked again in French, and got the same answer. Guy Caron led for the NDP, and he immediately launched into concerns about concessions around Supply Management, to which Trudeau assured him that they would get a good deal on NAFTA. Caron name-dropped Jagmeet Singh and worried about someone’s housing situation, and Trudeau reminded him that they have made investments in housing, and they were moving ahead with a $40 billion national housing strategy. Charlie Angus was up next, and offered some disappointment on behalf of the Kasheshewan First Nation. Trudeau mentioned the billions apportioned to Indigenous communities before picking up a paper to list the interim solution they have come to and that more developments were coming later in the week. Angus responded angrily, demanding immediate solutions, and Trudeau responded with the list of ways they are trying to work with Indigenous communities to solve these problems.

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Roundup: Cynical procedural gamesmanship

Thursday night’s tantrum vote-a-thon ended mid-morning on Friday, long before it was supposed to have run its course, and no, the government didn’t capitulate and turn over that report that the Conservatives have been portraying as some kind of smoking gun for months now. No, after hours of high-minded exhortations that this, on the anniversary of the signing of the Magna Carta, was about no taxation without information, or that this was some kind of cover-up by the government intent on raising the cost of living for everyone, they decided to pull the plug as soon as the clock struck ten. Why? Because at that point, it would be too late to start Friday sitting hours in the Commons, and thus cancelling the day’s planned debates around the cannabis bill (where they would have finalized debate on the Senate amendments and send it back to the Upper Chamber). It is probably one of the most cynical procedural stunts that I have seen in all of my time on the Hill, dressed up as bringing attention to the so-called “carbon tax cover-up,” which is itself a cynical disinformation campaign.

Worst of all was the hours of sanctimonious social media warfare that was sustained throughout it, whether it was the Conservatives dressing this up as some righteous fight over the refusal to release the information (which, let’s be clear, was apparently a projection based on the campaign platform that would mean nothing given that the carbon pricing plans will be implemented by provinces, and where the revenues will be recycled by those provinces and is largely irrelevant to the discussion), or the Liberals crying that the Conservatives were keeping them away from Eid celebrations in their ridings (so much so that Omar Alghabra accused the Conservatives of Islamophobia, and then the real wailing and gnashing of teeth started). It was so much self-righteous bullshit, and it made everyone look bad.

The Trinity Western decision

Yesterday the Supreme Court of Canada ruled that the law societies of BC and Ontario could decide not to accredit the graduates of evangelical Trinity Western University’s proposed law school on the grounds that the mandatory covenant that students are expected to sign infringes on the rights of LGBT students, particularly because it mandates that any sexual activity they engage in must only be within the confines of a heterosexual marriage. Of course, it’s more technical than that, because it boils down to standards of reasonableness with the decision that the Law Societies as accrediting bodies can engage in, and I can’t pretend to understand the nuances of it all – but the very smart legal minds that I follow had some trouble wrapping their minds around it all as well, because the balancing of rights is a difficult issue. Some of the legal minds I follow felt this was one of the worst decisions in years, but I’m not sure how much of that is ideological either. It’s also worth noting that this was the last decision that former Chief Justice Beverley McLachlin participated in.

In reaction, here are three legal reactions to the decision, while Chris Selley worries about what it means for religious freedom, and Colby Cosh looks at what the decision means for the Supreme Court, paying particular attention to Justice Rowe’s concurring decision on the meaning of freedom of religion.

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Roundup: Fallout from the Stanley decision

The verdict in the Gerald Stanley trial came down late Friday night, and the Saskatchewan farmer was found not guilty in the shooting death of 22-year-old Colten Boushie for the same kinds of actions that a white person would not have been shot at for. That the jury did not contemplate a manslaughter conviction instead of second-degree murder is the more puzzling aspect of the verdict, and why there is such a cry about racism in the justice system – especially since the defence counsel was able to successfully challenge any of the potential Indigenous jurors and wind up with an all-white jury, which is when the family knew that the fix was in, and that this was not doing any favours to the cause of reconciliation, nor for faith in the justice system for people who aren’t white.

The PM and justice minister tweeted that more needs to be done when it comes to ensuring that there is justice for Indigenous people in this country, leaving some Conservative observers a little aghast that they got involved. That said, the wording was carefully chosen in order to not criticise the jury itself, or promise that there would be an appeal or some kind of attempt to overturn the verdict. That’s probably a good thing overall, while it acknowledges that there is a problem and that the government is aware of it, and it’s worth nothing that the government is talking about this situation where there is a good chance that they wouldn’t have just a couple of years ago. Meanwhile, this hasn’t stopped the Conservatives from accusing the government of “political interference” with the courts (never mind how many times they criticised court decisions, especially by the Supreme Court of Canada, while they were in power). But what can be done? Well, there is already an ongoing review of the criminal justice system that this government has undertaken (but is very, very slow about rolling out any concrete measures about), so we can be sure that this will be part of it. But better resourcing the justice system is something that they need to confront, which means hiring more Crown attorneys, and giving them more time and resources to tackle cases is going to be part of the solution as well (and we can all think of a number of high profile cases in recent years that the Crowns have utterly ballsed up). And indeed, in this case, there were apparently questions going in as to whether the Crown attorney in this case was capable of handling a trial like this. But this is also a provincial issue as well. Ontario is working on a strategy about getting more Indigenous representation on juries, but its report is already more than a year overdue. The Boushie family has arrived in Ottawa to meet with ministers, so one suspects we may hear more later in the day.

https://twitter.com/michaelplaxton/status/962195300721967104

And there has been no dearth of commentary around this case already. Lawyer David Butt talks about the need to limit the peremptory challenges that allowed Stanley’s defence lawyer to create an all-white jury. Defence Lawyer Allan Rouben suggests that maybe it’s time to loosen the rules that forbid jurors from discussing what happens during deliberations. Tammy Robert reminds us that no, you can’t shoot someone to protect your property in Canada. Robert Jago says that the trial and verdict show that the attitude remains that Indigenous people are simply animals that Canadians are taught to fear.

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Roundup: Protected nominations and the suffocation of the grassroots

Oh, Liberals. You’ve really gone and done it again, haven’t you? All of your grand talk about respecting parliament, and now you’ve decided that you’re going to go and protect the nominations of your incumbent MPs, so long as they meet a set of criteria that, while better than nothing, is not all that onerous. Never mind that four years ago, it was all about how open nominations were about community leaders devoted to community service, but now? Now it’s about ensuring that your MPs simply have a big enough war chest and participate in a bare minimum of door knocking over the course of a year. You’d think that with this list of requirements, ensuring that there still remains an actual nomination process wouldn’t be too difficult – after all, if the excuse is that they’re so busy in Ottawa that they can’t be also running for their old jobs, then ensuring that they’re still doing the work that would be associated with a nomination process seems like a pointless self-inflicted black eye, no?

I’m not going to re-litigate this too much, but I wrote about why protected nominations are a Bad Thing in Maclean’s last year, but it really boils down to one basic concept – accountability. The biggest reason to ensure that there are open nominations is to ensure that a riding can hold their incumbent to account without needing to vote for another party to do so. Protecting nominations removes more power from the grassroots party members and enshrines it in the leader’s office, which is exactly the opposite of what should be happening. (And yes, Trudeau has centralized a hell of a lot of power, especially after pushing through the changes to the party’s constitution). And by imposing those thresholds to ensure that the nomination is protected, it creates incentive for the incumbent MP to treat that riding association like a personal re-election machine, rather than a body that holds that MP to account at the riding level.

To be clear, this isn’t just a Liberal problem. The Conservatives also set a fairly high bar to challenge incumbent nominations, some of which we’ve seen in recent weeks, but that’s been accompanied by rumblings that some of these challenges have been stickhandled out of the leader’s office, which is even more distressing for grassroots democracy. The erosion of grassroots democracy is a very real crisis in our political system, but most people don’t understand what these changes mean, more content to chide the Liberals for broken promises about open nominations than be alarmed at what the bigger picture result is. It’s a pretty serious problem, and it’s bigger than just a broken promise.

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Senate QP: Sajjan is taking his time

After a terrible QP in the Other Place, it was hoped that things would be better in the Senate as Defence Minister Harjit Sajjan arrived to answer questions from his department. Senator Smith led off, worrying about the state of the planned purchase of Super Hornets and the possible purchase of used F-18s instead. Sajjan first stepped back to outline the problem of not being able to meet both NORAD and NATO requirements, and said that they will be filling the interim gap before they replace the whole fighter fleet. Smith wondered about the issue of newer versus older when it comes to the interim fighters, and Sajjan noted that they hoped for new, but would go for the same models that we currently use if necessary.

Senator Enverga asked about the situation in Iraq, and wondered about what our role was in the fight against ISIS if training was suspended. Sajjan said that they were assessing the situation given the changing situation on the ground in order to assess what the needs are now that Mosul has fallen.

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