Roundup: O’Toole wants intervenor status

Yesterday morning, Erin O’Toole declared that he would seek intervenor status at the Federal Court in the dispute between the House of Commons and the Public Health Agency of Canada over the disclosure of classified documents. Apparently, he believes that he has a “distinct perspective” on the underlying issues raised by the case, which is…a bit novel considering that his press release was a partisan document that was not about legal arguments but rather about political calculus.

As a reminder, the process was triggered because under the Canada Evidence Act – which Parliament passed – says that when requests for secret or confidential documents are made to a government entity like PHAC, they must notify the Attorney General, and that triggered a process by which said Attorney General sought clarity from the Federal Court – does the Canada Evidence Act and its limitations supersede or otherwise restrict Parliament’s privileges in demanding documents and the production of papers as they see fit, given that they are ostensibly the highest court in the land. Plenty of people have tried to make this a partisan issue – O’Toole most especially among them – rather than a process where everyone is following the law, and the law conflicts with Parliamentary privilege.

I half-suspect that in this case, the Federal Court may not grant O’Toole standing, given that he has pretty much stated that this is going to be an attempt at electoral grandstanding inside of a court room, which the Court would be hesitant to do. Beyond that, his statement in the press release doesn’t actually make sense – the request to present the documents will die when Parliament is dissolved, and the special committee that demanded the documents ceases to exist. Beyond that, if he forms government, he won’t need to release the documents because he’d be able to read them in secret, thus eliminating the possibility that releasing them might compromise our Five Eyes obligations, or inadvertently compromise a foreign intelligence source (though I am not convinced this is a national security or intelligence issue, but rather more likely one of an RCMP investigation into policy breaches). Not to mention, the documents were released, both in a redacted form to the committee, and in an unredacted form to NSICOP, and the Conservatives want someone else to do the redacting who doesn’t have national security experience. I have a hard time discerning just what “distinct perspective” he has other than scoring points, given that the Speaker will be exercising his role in protecting the privileges of the Commons, and he doesn’t need O’Toole’s help for that.

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Roundup: Questioning the housing numbers

The Parliamentary Budget Officer released a report yesterday on the federal government’s programme spending on housing affordability, and I have questions, both on the report, and on the responses to it. On the report itself, I’m having a hard time seeing how this is necessarily within his remit, and not that of the Auditor General. This is not exactly fiscal or macro-economic analysis – it’s evaluating programme spending, which is the Auditor General’s job. (Once again, the PBO is not a “budget watchdog” or a “watchdog” of any kind, per his enabling legislation). This doesn’t appear to have been at the request of any MPs in particular, though this updates his 2019 report which was requested by an unnamed MP at the time, but again, not really his wheelhouse. “Providing economic and financial analysis for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability” is being taken a little too broadly.

The findings of the report are that the funds allocated to housing are being underspent, but doesn’t really delve into why, other than noting that some of the spending was related to having to renew bilateral agreements with provinces that were allowed to lapse in 2015, and that CMHC’s programmes have both faced “implementation delays” and that their shift toward funding capital contributions instead of affordability supports spread that funding out over the life of projects. Those “implementation delays” probably deserve a lot more exploration – the fact that municipalities in particular aren’t spending the dollars available fast enough because the projects are bottlenecked in their own jurisdictions (and Vancouver is most especially guilty of this) – and that’s a lot of what this report seems to be light on details about. Housing is largely a provincial responsibility, and aside from providing money, the federal government has very few levers at its disposal, and when municipalities can’t get their acts together, that’s not really a problem the federal government can solve.

As for opposition reaction, it was predictable in that it read the PBO’s topline and not much else. The Conservatives complained that the housing plans haven’t met their targets and that they need a plan that “gets homes built,” which again, is pretty hard to do with the very few levers available at the federal level. The NDP, meanwhile, accuse the government of dubious accounting and broken promises, as per usual, again based largely on topline figures and not the fact that many of the problems exist at the provincial and municipal levels. Federal dollars only go so far and can only wield so much influence, and these are details that matter when it comes to implementing promises.

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Roundup: What open nominations?

Do you remember when the Liberals considered themselves the party of open nominations? And how they were always going to uphold the democratic right of riding associations to run fair, open and transparent processes to select the candidates that would appear on the ballot for them? Because apparently the party has put this particular bit of democracy, openness and transparency down the memory hole as they continue to acclaim candidates from across the country. In two of these cases, the acclamations came a mere day after the incumbents announced that they weren’t running again, and in one of those ridings – Kanata-Carleton – there was the making of a contested nomination as rumours swirled that Karen McCrimmon wasn’t going to run again, and the riding association was frustrated that they couldn’t get any kind of answer from the party on how and when to run said contested nomination.

Now, the party is going to defend its honour by pointing out that their rules state that they can declare a state of “electoral urgency” to bypass the nomination process, but this is more of the Liberals’ penchant of letting the ends justify the means. They created the rules that were easily gamed, and frankly, the “electoral urgency” clause is a load of bullshit because they were using it in 2019 in the months before the election when they knew they had four years to have this process ongoing because there was a fixed election date under a majority parliament, so there were no surprises. Yes, the pandemic has made nomination races tougher because of public health restrictions, and the party has come under fire for using a verification system that includes facial recognition technology (which BC’s privacy commissioner is investigating, per that province’s laws), but again, these were things that the party should have been cognisant of and dealing with rather than simply wringing their hands and pulling the “electoral urgency” alarm to fast-track their hand-picked candidates, thwarting local democracy, and accountability.

Open nominations are one of the most important and fundamental building blocks of our democratic system. When parties flout those rules, it hurts the entire system – especially as it cements even more power in the leaders’ offices. That the Liberals are so blatantly ignoring their own supposed values in this crucial stage of the democratic process is a sign that the way the party rewrote their constitution to fit the Trudeau era is a very real problem that they are going to have to do a lot of soul-searching to address, especially when that age comes to its inevitable end.

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Roundup: The July job numbers

The Labour Force Survey results for July were released yesterday, and while there was positive job growth, it wasn’t quite as robust as had been expected. The recovery remains uneven, but some of the narratives and commentary aren’t really helping when it comes to adjusting to the reality of this stage of the pandemic (which isn’t even post- yet).

A lot of the narratives are still being driven by the likes of the Canadian Federation of Independent Business, which continues to rail about CERB and its successor suite of benefits that they claim are providing a “perverse incentive” for people to stay home, but that doesn’t seem to fit the reality, which is that the market is shifting. A lot of people who were in these service-industry jobs either moved on during the pandemic because it (and the government benefits) afforded them the opportunity to do so – which is why you have people complaining that their favoured servers at their local watering holes didn’t come back, and you have nineteen-year-olds who just got their Smart Serve certification replacing them. But another narrative is also bubbling up, where we also have a cohort who aren’t willing to go back to what existed beforehand, with the low wages and mistreatment, and a lot of those business owners haven’t made the cognitive leap yet that they can’t keep operating the way they did before. Of course, this is one reason why the CFIB is so up in arms about these benefits – they have a vested interest in things returning to the old normal where labour can be exploitative without consequence, but the current reality is changing that. This could be change happening that will be better for us all overall, if it’s able to take hold – and chances are, this government more than others are more willing to let it happen.

The Conservatives, meanwhile, are insistent that the federal government is “killing job creation,” which is a novel argument considering that they’re not the level of government responsible for the maintenance of public health measures (which has been one of the biggest determinants of economic activity over the course of the pandemic). They’re also keeping up the fiction that a pre-third wave job recovery projection was a “promise” about job creation, again, which was derailed by more public health measures because provinces screwed up their own recoveries by re-opening too soon. All of which is to say that we don’t seem to be capable of having a reasonable conversation about what is happening in the labour market, to the detriment of all of us.

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Roundup: Strings vs no strings for child care dollars

Justin Trudeau was in Montreal yesterday to announce that Quebec would be getting $6 billion over five years for their part of the government’s national child care programmed – but that funding is coming without strings, and that has a few people a little worried. The reason it comes without strings is not because it’s Quebec and they get special treatment (though you’re going to hear that argument), but rather the fact that the province already has a subsidised child care programme for $8.50/day, and meets the federal criteria of their national programme – in other words, they already did the work.

This is where the political pressure within the province will come to play. Premier François Legault was saying that not all of that money will likely be reinvested into the system, but he does this at his own peril – while the province has a system that meets the federal criteria, it’s oversubscribed, and salaries for early childhood educators are considered too low, leading to staff shortages throughout. There is going to be pressure to ensure that the money goes toward fixing these problems – higher wages, training more staff, getting them into place so that the system can grow to meet demand over the next five years, but Legault seems to be underestimating the number of spaces on wait lists, which is why there is concern that the lack of strings will mean it won’t be spent to necessarily fix the problems.

Of course, this is where Alberta’s minister enters the picture and complains that they wanted the same deal – their portion of the federal funds without strings – and were rebuffed. Of course, there is no recognition that Quebec has the system in place that meets the federal requirements, and Alberta does not, nor does there seem to be any hint of recognition within the provincial government that these are investments that pay off in the long run as more women enter into the work force and generate tax revenues greater than what gets spent on those early learning and child care spaces. And given the experience from the pandemic, it’s more important than ever that they build this system.

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Roundup: Nova Scotia makes two for child care

Prime minister Justin Trudeau and Iain Rankin, premier of Nova Scotia, announced yesterday that Nova Scotia was now the second province to sign a new childcare agreement with the federal government under the dollars allocated in Budget 2021, and that it would transition the province to halving current fees by next year, and reducing them to the goal of $10/day by 2026, with commitments along the way for those five years. And crucially, there are federal funds going toward training new early childhood educators, as well as to improve the post-secondary programming around ECE, which are important considerations for expanding the system, especially as one of the federal government’s criteria for that expansion is quality of care.

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This makes it two provinces down, both of them with non-conservative premiers, and it’s speculated that Newfoundland and Labrador will be next. Alberta claims to be “negotiating” around things like flexibility, but there is a bit of a red herring in there – nothing precludes the province from creating additional, more flexible spaces outside of the federal parameters if they feel they need it, but trying to insist this is about “choice” is a false dichotomy – there can be no actual choice if there is only constrained choice available. In other words, it’s not a real choice if there are no spaces available, and the federal government has long recognized that we have a supply-side problem, which is what they are trying to address. Opposing the federal plan because you claim it’s not flexible enough is, frankly, an abdication of responsibility.

The Conservatives, meanwhile, put out an extremely bizarre “backgrounder” yesterday to claim that the Liberals never meet their promises on childcare, and it was both strange and dishonest. Strange in that this is the kind of thing you’d expect to have an NDP header on it and not a Conservative one, but dishonest because they killed the gods damned system that was in place in 2006. Seriously – Paul Martin’s government had signed agreements with all of the provinces in 2006, and money for the first year was starting to flow when the NDP teamed up with the Conservatives and brought the government down, killing the childcare system that had just been established, because the Conservatives preferred to send $100/month to families instead – because “choice.” Oh, and they created tax credits for new childcare spaces, which created approximately zero of them. They vehemently opposed childcare, and still do, so for them to try and say the Liberals haven’t kept their promises when they actively worked against them and killed the programme that was created is just galling.

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Roundup: Exit Jody Wilson-Raybould

Jody Wilson-Raybould announced yesterday that she wasn’t going to be running again in the next election, but wasn’t leaving to “spend more time with family.” Rather, she planned to continue her work in other venues, but noticed that the House of Commons had become more toxic and ineffective, which is very true.

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While I don’t think that Wilson-Raybould was a particularly great minister (and she has yet to answer for her pushing blatantly unconstitutional legislation through), she nevertheless had a particularly valuable viewpoint that made the House of Commons better for having her in it. Her singularly pushing back against the Bloc’s attempts to play politics around Quebec’s Bill 96 and the proposed constitutional changes and nationhood declarations was something we could certainly have used more of, not less.

This having been said, I think Wilson-Raybould, like Jane Philpott, were somewhat naïve about the nature of federal politics, and were sold some particularly bad advice about life as an independent MP, and more broadly about hung parliaments in general. There is a particular romance around them, particularly from a segment of the political science crowd, which has rosy visions of the 1960s and inter-party cooperation to get things done, when hung parliaments in recent decades have simply been nasty and highly partisan, and that contributed a lot to the toxicity and ineffectiveness of this parliamentary session. On top of that, Wilson-Raybould had broken the trust of her fellow MPs, and that no doubt further isolated her in an already fractious situation in the Chamber. It’s too bad that she couldn’t have contributed more, but her no longer being there is a diminution to the kinds of voices that we should be hearing more of.

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QP: Unchallenged misinformation around inflation

For the first day back after a week away and the Victoria Day long weekend, the prime minister was present, along with Liberal placeholder Mark Gerretsen as the only other MP present on the government benches. Erin O’Toole led off, script on his mini-lectern, and Erin O’Toole led off citing misleading statistics about inflation, for which Justin Trudeau recited some platitudes about having people’s backs. O’Toole complained that housing was becoming unaffordable, and Trudeau listed actions they took, like raising taxes on the top one percent and the Canada Child Benefit as ways they are making life more affordable. O’Toole then raised the American tactic to raise softwood lumber tariffs, which doesn’t really affect the Canadian market (as it will only make it more expensive for Americans as there is a lack of supply in the market), and Trudeau wondered where O’Toole had been the last five years as the government stood up against American trade measures. O’Toole repeated his misleading inflation question in French, fo the same platitudes in French, and the repeated the softwood lumber tariff question in French. Trudeau repeated that they have delivered for the past five years.

Yves-François Blanchet led for the Bloc, and he raised Quebec’s Bill 96, and wanted Trudeau to praise it. Trudeau reminded him that they want to protect French while also protecting linguistic minorities and that he looked forward to working with the government of Quebec on it. Blanchet took this as a yes, and wanted a more positive explicit endorsement. Trudeau reminded him that he works with the premiers, and he would meet them again later this week.

Jagmeet Singh rose for the NDP, and in French, he accused the banks of “stealing” from people by raising fees and that the federal government could stop them but haven’t. Trudeau listed the measures they are taking to make the wealthy pay their fair share. Singh switched to English to quote the deputy minister of National Defence on the lack of progress on the Deschamps Report, for which Trudeau recited that the institution isn’t living up to its goals, and listed the actions they have taken, calling them “first steps.”

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Roundup: Playing chicken with the variants

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

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

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

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Roundup: Offering disinformation in a clownish motion

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

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

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

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