Roundup: The vague indemnity

Yesterday morning, first thing, Bill Morneau came out to say that the government was prepared to indemnify Kinder Morgan for any losses suffered as a result of BC’s intransigence and attempts to delay construction. It’s not an equity stake or buy-in, but rather, insurance, and like most insurance, we don’t know what the payout is going to be yet. Nevertheless, if the idea is to offer Kinder Morgan certainty that the Trans Mountain expansion will go ahead, then this is something. The reaction came swiftly, from the Conservatives insisting that this is now a “bail out government” whose inability to manage the file means that it will now cost taxpayer dollars (no hint of irony there with the bail outs that their government was involved in, or that the entire energy sector has a long history of favourable tax treatment from the government), while the NDP insisted that this was about the profits of a Texas-based company over the interests of Canadians. BC Green leader Andrew Weaver was downright indignant, if not pissy, about the whole situation. And Kinder Morgan’s CEO? He says he appreciates the offer, but still hasn’t given a final answer as to whether it’s enough to stay invested in the project.

After Morneau’s presser was a great deal of parsing of his words (where he did not offer the government line that the pipeline would be built), along with a number of questions arising from just what it was he was announcing. Here’s a reminder of the various court challenges facing the pipeline at present.

And now the hot takes. Chantal Hébert sees little progress on the file over the past month, even with Morneau’s announcement yesterday. John Ivison says that Morneau is calling Kinder Morgan’s bluff in attempting to get the government to buy the pipeline from them above market price, while Evan Solomon more definitely claims that it’s the plan all along. Paul Wells…isn’t convinced.

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Meanwhile, Alberta passed their unconstitutional Bill 12, and Rachel Notley is already threatening to “turn off the taps” to BC – err, except those taps would actually be federal jurisdiction, so good luck with that. Andrew Leach tears into that bill, and looks at why it sets a dangerous precedent, and why it should never be proclaimed.

Good reads:

  • Justin Trudeau was in New York to get an honorary degree from New York University, and spoke about listening to those you disagree with.
  • Trudeau also called for an investigation into the shootings of civilians in Gaza, where a Canadian doctor was wounded.
  • It’s looking like there won’t be a NAFTA deal by today’s congressional deadline. One MP currently visiting Washington called the five-year sunset clause stupid.
  • The bill to mandate plain packaging for cigarettes and to regulate the vaping industry is set to get royal assent within days.
  • Naval shipbuilding is behind schedule (go figure), but the government won’t release documents to talk about how far behind, or why.
  • The RCMP mistakenly allowed people to purchase restricted firearms for 12 years, and now want them to give them up.
  • Here’s a deeper dive into the Conservative attempts to win favour in Quebec.
  • While some commenters say that Christine Moore had “no choice” but to publicly defend herself, I wonder how that makes this different from Erin Weir’s situation.
  • For those following the VADM Mark Norman court drama, there was a case conference today, with the next date scheduled for July.
  • Jason Kenney made a bunch of personal attacks against Trudeau, and then stood by them like the hero that he is. So much for his pleas for civility in politics.
  • Saskatchewan is making another bid to get Low Carbon funds from the federal government without signing onto carbon pricing. Good luck with that.
  • Kady O’Malley’s Process Nerd column looks ahead to the committee appearance by the nominee for Chief Electoral Officer.
  • Stephen Maher sees Trudeau’s speech at NYU as a rebuke of Trump.
  • Andrew Coyne foresees nothing but doom by the Conservatives courting Quebec nationalists.

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QP: Accusations of rigged rules

For caucus day, all leaders were present (for a change), and when Andrew Scheer led off, he read some scripted concerns about carbon taxes raising the price of everything, and demanded to know how much it would cost families. Trudeau got up to respond that the Conservatives tried doing nothing and were trying to justify it now. Scheer switched to English and said that the PM was gleeful there were high gas prices in BC and accused him of not caring because he’s a millionaire. Trudeau said that it wasn’t what he said, and that this was just an attempt to create fear and division from a party that doesn’t have a plan. Scheer switched back to French to accuse the government of trying to game the electoral system for their own benefit, and Trudeau noted that this was about taking the influence of money out of politics. Scheer accused Trudeau of rigging the system to punish those who disagree with him, listing a number of conflated incidents that were “proof” of such behaviour. Trudeau responded that Conservatives tried to make it harder to vote while his party was trying to make it easier. Scheer accused the government of imposing fundraising restrictions because the Liberals can’t raise as much money as they can, and then demanded that ministerial travel be restricted in the pre-writ period, to which Trudeau said that the record number of voters in the last election was not because of the Conservative changes, but rather, it was about getting Stephen Harper out of office. Guy Caron was up next for the NDP, complaining that they didn’t have enough time to evaluate the candidate for Chief Electoral Officer. In response, Trudeau took up a script to read some praise for the candidate, and then Nathan Cullen asked the same in English, but with a truckload of added sanctimony. Trudeau read the English version of his same script. Cullen then accused the government of rigging the Trans Mountain approval process, to which Trudeau assured him that they enhanced the assessment process. Caron took over to ask the same again in French, saying that putting a financial stake in Kinder Morgan was the kind of subsidy that the government promised to end, but Trudeau repeated his response, insisting that any stake was about the project being in the national interest.

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Roundup: An “uncontroversial” bill delayed

It’s starting to become something of a rote exercise – that whenever the Senate does its job and considers large and contentious legislation, it’s accused of moving slowly. Most of the time, they’re actually moving fairly swiftly in the context of how bills get passed, but that’s not the narrative. And every single time, the pundit class will moan about how they’re frustrating the “will of Parliament” (because that’s how they refer to the House of Commons, when it is in fact but a third of what constitutes Parliament – the Senate and the Crown being the other two aspects), and on and on we go. This week’s performative disbelief that the Senate is daring to do the job required of it is around the marijuana bill – but not just that, but the accompanying bill regarding mandatory roadside testing. While the marijuana bill is actually proceeding fairly quickly given the agreed-upon timelines that Senators set for themselves on the bill (though they were slow off the mark because Senator Harder thought it wise to have the Senate rise essentially a week early at Christmas and then not consider the bill again until well after they’d returned so that he could put on the dog and pony show of having three ministers appear in Committee of the Whole before second reading debate even began), the mandatory testing  bill is languishing at committee. Why? While John Ivison may consider the bill “relatively uncontroversial,” it is actually the opposite, and there is a debate raging about the bill’s constitutionality, and many senators – including one who helped to author the Charter of Rights and Freedoms back in 1982 – are unimpressed with the government’s assurances. After all, they went through a decade of the Harper government insisting that their justice bills were Charter-compliant, only for them to be struck down by the courts, one after another.

Of course, this too has led to debates in the Senate about their role and whether they should be challenging the constitutionality of bills. Some of the Independent senators, which Leader of the Government in the Senate – err, “government representative,” Senator Peter Harder has added his voice to, believing that Senators shouldn’t substitute their judgment for that of the courts, citing that because these issues aren’t black and white that the courts should handle them. (In the same breath as Harder says this, he also says that they shouldn’t be rubber stamps, apparently unable to pick a lane). So to say that this is “uncontroversial” means that someone isn’t paying attention to the debate – only what’s being told to him by the government’s mouthpiece (in this case, Bill Blair).

If the Senate passes C-45 before C-46, the sky won’t fall. They can apply existing impaired driving laws, because, newsflash, people already drive high while pot is illegal. Once again, the government isn’t inventing cannabis – they’re legalizing and regulating it. Will it be more difficult without detection devices? Maybe. But it’s not like there’s a legal vacuum. Let’s calm down a little.

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QP: Tax credits vs carbon taxes

While Justin Trudeau was away in Toronto, Andrew Scheer was absent once again (despite having been in Ottawa for the National Prayer Breakfast), leaving it to Lisa Raitt to lead off, worrying that Atlantic Canadians haven’t had a real wage increase which would be made worse by a carbon tax. Catherine McKenna reminded her that climate change impacts will make things worse and more expensive, and wondered why the other party didn’t have a plan. Raitt concerned trolls that high fuel prices would mean people can’t make choices to walk, to which McKenna turned the concern around to point to the children in the Gallery and the world they will inherit. Raitt demanded the government support their Supply Day motion about not imposing carbon taxes, and McKenna reminded her of the costs of climate change, and the trillion dollar clean energy opportunity. Alain Rayes then raised in French all of the tax credits that the government cancelled to decry the imposition of a carbon tax, to which McKenna again asked what the Conservative plan was. After another round of the same, Guy Caron was up next for the NDP, raising the changed candidate for the new Chef Electoral Officer, to which Brison reminded him that they should respect the privacy of those who engage in the appointment process. Caron asked again in English, to which Brison reiterate his admonishing. Hélène Laverdière was up next to raise the federal report on use of Canadian LAVs in Saudi Arabia, questioning its veracity. François-Philippe Champagne reminded her that they are passing legislation to strengthen control of arms abroad. Laverdière quipped that the bill has holes in it, and then reiterated the question in English before calling on the government to suspend arms exports to Saudi Arabia. Champagne reiterated his remarks about the bill, thanking MPs for their input.

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Roundup: Woe be the social conservatives

Oh, the poor social conservatives, always being played by mainstream conservative parties, both federal and provincial, for the sake of their votes at leadership conventions only to be dumped when the going gets tough. We have two provincial examples to now add to the list, for what it’s worth. In Ontario last weekend, Progressive Conservative leader dumped former leadership rival Tanya Granic Allen as a candidate after comments she made about same-sex marriage came to light, and everyone was shocked! Shocked!That the woman whose entire leadership campaign was the disingenuous fear that Ontario’s new sex-ed curriculum was going to indoctrinate children to anal sex was going to be a problematic homophobic candidate. But hey, Ford used her second-choice votes to get himself over the top for the leadership and let her run for a nomination and win, despite everyone knowing that she not only made homophobic comments, but also disparaging comments about Muslims, and it was okay until the weekend before the writ-drop. How terribly cynical. Chris Selley walks us through that particular bit of theatre that abuses social conservatives’ trust, while Martin Patriquin notes that while her ouster makes Ford look more centrist, Granic Allen’s replacement is far more of a credible threat to Liberals, for what it’s worth.

Meanwhile in Alberta, Jason Kenney is now twisting himself in a pretzel to defend the social conservative policies adopted at the UCP convention over the weekend, coming up with bogus equivocations about the anti-GSA resolution being “poorly worded,” or how the policy around “invasive medical procedures” had its roots in a minor getting a “controversial vaccine” and totally has nothing to do with abortion, no sir. Jen Gerson notes that this is the chickens coming home to roost after Kenney so deliberately courted these social conservatives and made this “grassroots guarantee” about them making the policies – only for that pledge to vanish down the memory hole, and him insisting that platforms aren’t made by committees and how it’s his pen that will translate it all, and you can take his assurances that they won’t out LGBT kids “to the bank.” (I personally wouldn’t cash that cheque, but I may be biased, being gay and all).

The common lesson here? That conservatives both federally and provincially are quick to insist “big blue tent” to draw in the social conservatives and the Red Tories but are quick to disappoint both in pursuit of populist measures that they hope will get them votes. It’s not about being centrist, because if that were the goal, you’d see way more Red Tory appeals than we do (and in fact, if the last federal leadership convention was any indication, Red Tories like Michael Chong were often derided as Liberals and traitors to the cause). It’s more about the cult of personality around the chosen leader, and policy is almost an afterthought, and those identifiable groups within the big tent are just fodder to get that leader into place. It’s a sad state of affairs for political parties, and these latest examples are just more proof of that.

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Roundup: Propaganda and democratic interference

During a media availability yesterday, Justin Trudeau mentioned the Russian embassy’s propaganda efforts in linking Chrystia Freeland’s grandfather to Nazi publications in World War II as a reason for expelling diplomats that he accused of interfering in Canadian democracy. Almost immediately, we got some of the more obtuse pundits in our commentariat fretting about why we didn’t expel those diplomats at the time that happened, and why the government couldn’t just say that last week when they were asked how those Russians had interfered. And to clarify, Trudeau cited that as an example, which is very much interfering with our democratic processes. And as for why they didn’t expel them earlier, I direct you once again to Stephanie Carvin’s Open Canada piece about the expulsions, and why we allow intelligence officers to stay when we know that they’re engaging in espionage activities. Seriously – go read it.

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And funnily enough, Carvin had pointed to that attempted Russian propagandizing days earlier when responding to Susan Delacourt’s column that wondered why we weren’t taking the allegations of Russian interference with more alarm that we have been. As Carvin points out – it’s not just cyber that we have to worry about, and if MPs were actually doing their jobs, they would be far more focused on this issue rather than re-litigating the Atwal Affair™ again and again to score cheap points.

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Roundup: Non-binding unanimous support

Supply day motions – also known as opposition day motions – can be tricky business, and unless the opposition party that moves it isn’t careful, they can wind up giving the government a free pass on supporting said motions without fear of consequence. Never mind that the point of supply day motions is to debate why the government should be denied supply (and hence confidence), these have largely turned into take-note debates on topics of the opposition’s choosing. These free pass motions happened with surprising regularity in the previous parliament, with the NDP frequently offering up mom-and-apple-pie motions that the Conservatives would obviously support the intent of, despite never having the intention to follow through with substantive action on, because hey, the motions are non-binding, and why not look like they support the idea of the motion? And lo and behold, the Conservatives offered up just such a motion around the Supreme Court of Canada, imploring the government to “respect the custom of regional representation” when making appointments to that court, “in particular, when replacing the retiring Justice Thomas Cromwell, who is Atlantic Canada’s representative on the Supreme Court.” While I will quibble with their use of “custom” as opposed to “constitutional convention” (which it really is at this point), this was one of those motions worded just loosely enough that the government could vote for it (and it did pass unanimously, as these kinds of motions often do), and should they go ahead and appoint a non-Atlantic justice to the court, they have room enough to turn around and give some kind of a nonsense excuse like “Oh, we felt that such-and-such diversity requirement was more needed at this point,” or “we felt that the Atlantic nominees were insufficiently bilingual,” or what have you. Or, as the talking points have been turning to, they will point to the number of Atlantic nominees on the short-list and said that they got equal opportunity and were not prejudiced against or some such, and make the merit argument. Suffice to say, there is more than enough wiggle room, and for a party that was so recently in government, the Conservative should have known better than to word a motion in a way that the government can support and later wiggle out of. This having been said, the government has been under enormous political pressure from the premiers regarding this Atlantic seat, so it is not inconceivable that this as a step in walking back from having the nominations being too open, but that remains to be seen.

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Roundup: Trying to smear Sheila Fraser

The comments by former Auditor General Sheila Fraser are drawing some fire because Fraser is part of the advisory board to Elections Canada that Chief Electoral Officer Marc Mayrand put together to help them on a number of issues facing the organisation and our country’s democratic processes in general. Pierre Poilievre and Tom Lukiwski seemed to assert that Fraser was speaking on behalf of Elections Canada, especially as she is being paid for this advisory work, which is really little more than trying to muddy the issue in order to try and defend his increasingly indefensible position. Meanwhile, Senator Hugh Segal, who is also on the same advisory board, thinks that both sides are going overboard and that everybody “needs to take a Valium.” Segal is looking for both sides to put some water in their wine, and for some amendments to come out of the process, which may ultimately wind up happening in the Senate, where Conservative senators are not all that keen on the bill in its current form.

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Roundup: Exit Flaherty

Out of the blue, Finance Minister Jim Flaherty announced his resignation from cabinet yesterday, but not his seat (just yet). This after Flaherty promised that he was going to run again, while simultaneously dropping hints that he was ready to wind down his political career. And it looks like Joe Oliver will be tapped to replace him as Finance minister, but no word on who would then take over the Natural Resources file. Here are some facts about Flaherty and his career, and a look back at his best ties, which were pretty much all green, which was kind of his shtick. Here’s Paul Wells’ profile of Flaherty from a couple of months ago.

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Roundup: Mayrand’s concerns laid out

After a bout of procedural shenanigans and two separate time allocation votes in the Commons, Chief Electoral Officer Marc Mayrand spoke to the Commons Procedure and House Affairs committee, giving his assessment of the Fair Elections Act. He has a couple of major concerns – the lack of powers to compel testimony, the loss of the vouching system and the likelihood that it will disenfranchise voters, and inadequate paperwork filed by candidates who get their refunds nevertheless. He spoke about the privacy concerns over turning over the lists of who actually voted over to the parties, who have zero legislated privacy safeguards, and said that the fears of voter information cards to commit fraud is a lot of sound and fury over nothing as most of the errors recorded were procedural and not substantive. In case you couldn’t guess, Pierre Poilieve shrugged off most of the whole appearance, and tried to claim that Mayrand made a number of factual errors.

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