Tag Archives: China

Roundup: From a bad bill to a useless one

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Rona Ambrose’s judicial training bill looks like it may have some life left in it, as Independent Senator Pierre Dalphond himself a former judge, has started making deals and compromises to see the bill go ahead in an amended form. Working both with the bill’s Senate sponsor and one of its critics, Dalphond has come up with an amended version of the bill which should address most of its critics, and apparently got a procedural deal passed in the Senate as a whole, which gave instruction for the legal and constitutional affairs committee to hold a special session next week to deal with the bill, outside of the normal process where it would be dealing with government business (which is the whole reason the bill hasn’t gone anywhere – the committee is loaded with government bills, which Senate rules state needs to take precedence).

The amendments would ensure that a judicial appointee must commit to sexual assault law training as designed by the Canadian Judicial Council, and administered by the National Judicial Institute – moves that address many of the concerns around judicial independence (which likely would have rendered the bill unconstitutional), and would have created conflicts of interest where the bill as it stands would demand that future judges need to be trained by sexual assault survivors groups – the same groups that would normally be called upon to be expert witnesses in trials. This help to address other concerns about the bill, such as access for lawyers who aren’t in urban centres, or that requiring training before application would tip off coworkers to those lawyers that they were applying for a position on the bench. I remain curious what other objections the Canadian Judicial Council still has about the bill, but I guess we’ll find out next week when they will likely appear at the committee.

This all having been said, we need to remember that the Canadian Judicial Council has been seized with this issue for a few years now and has been ensuring that there is better training for judges, which is as it should be – the system is already working. That means that Ambrose’s bill is really, if amended, just another bit of feel-good legislation that MPs keep burdening the Order Paper with. (Note that as it stands, the bill is likely unconstitutional and actually a very bad bill despite its good intentions). And as with so many feel-good bills, it takes up all of the space in the media for little actual benefit, but that’s politics these days, unfortunately.

https://twitter.com/adamgoldenberg/status/1132389428910088192

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Roundup: A few straw men and some rhetoric about immigration

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Andrew Scheer gave another one of his “economic vision” speeches yesterday, this time on the subject of immigration policy. And while it was all “yay economic immigrants,” there were still a few questionable pronouncements throughout. It should be pointed out that off the top, he made a big deal about how they don’t want racists or xenophobes in the party (in apparently contradiction to the succour they gave avowed racists when they thought they could use them to paint the Liberals as the “real” intolerant party), and invoked his belief that we’re all God’s children so nobody is inferior regardless of race, religion, or sexual orientation, and if they didn’t like that, the door was that way. So there’s that.

As for the policies, they were not only deficient when it comes to detail, but there was some of his usual problems of straw man arguments and hollow promises. For example, he repeated his usual argument that privately sponsored refugees do better than government-sponsored ones, but nobody is disputing that, and nobody is arguing against private sponsorship, but there is a place for government sponsorship which has to do with the most vulnerable who need more timely relocation and who may not have private sponsorship lined up. And yet, it’s part of his dichotomy about private groups being better than government. He also vowed to stop irregular border crossings, and good luck with that, because it’s always going to happen, and unless he can also stop Donald Trump from threatening immigrants and refugees in his own country, it’s not going to stem the flow coming into Canada irregularly – it’ll just push them to more dangerous crossings. He also didn’t stop the usual rhetoric that pits immigrants against asylum seekers that this kind of vow just exacerbates, so that’s not exactly turning over a new leaf. He also promised that economic migrants would get their credentials recognised in Canada faster, but good luck with that because credentials recognition is a provincial responsibility, and the federal government has precious few levers there, and successive federal governments have tried to deal with this situation in the past and not had much success, ensuring that his promise is empty. But what was perhaps most frustrating was his talk about intake levels – and while he took a dig at Maxime Bernier for calling on them to be reduced, he also said that the level should change every year based on “Canada’s best interests,” which is a giant loophole for that same kind of talk about reducing levels for bogus reasons.

https://twitter.com/EmmMacfarlane/status/1133506929442131971

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Meanwhile, the IRB says they need more funding if they’re going to tackle the asylum claimant backlog (which again, they inherited from the Conservative government) rather than just stabilize growth, which is what they’re projecting currently – but the real kicker here is that they’re still relying on faxes and paper copies rather than emails or electronic files, because they can’t share information effectively with CBSA, which should boggle the mind. And this problem was identified a decade ago (as was pointed out by Liberal MP Alexandra Mendès at Public Accounts), and it’s still a problem. I’ve talked to immigration and refugee lawyers who say that it’s a huge frustration for them that until recently, they couldn’t even schedule hearings by email. The IRB say they’re seized with the issue, but cripes, this should be embarrassing.

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QP: Rigging a dangerous game

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Justin Trudeau was away for Monday, but Andrew Scheer was present. Before things got underway, Elizabeth May led her new MP, Paul Manly, into the Chamber in order to take his seat. Scheer led off, demanding to know why Unifor was on the panel to help determine who gets funding for the media bailout and called it the Liberals stacking of the deck. Pablo Rodriguez said that Scheer was playing a dangerous game, and that any suggestion that journalists could be bought was insulting while the government was supporting the industry as a number of daily newspapers had closed in recent years. Scheer tried again, and got the same response, and then Scheer railed that government had not limited their own spending on ads in advance of an election, to which Karina Gould read a statement about how the government has focused their advertising and cut it in half. Steven Blaney stood up to repeat the question on Unifor being on the panel in French, and Rodriguez gave him much the same response, and they went another round of the same. Jagmeet Singh was up next for the NDP, and he demanded the government adopt their Pharmacare plan, to which Ginette Petitpas Taylor insisted that she listens to all sides and they have a national plan in the works while they have taken other measures. Singh tried again in French, got much the same response, before Singh lauded US Democrats’ attempts to change the New NAFTA, to which Chrystia Freeland insisted that they held out for a good deal. Singh tried again in English, and Freeland urged Singh to talk to some actual Canadian workers. 

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Roundup: Rationalizing a deciding vote

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Yesterday, Independent Senator Paula Simons wrote a piece for Maclean’s to explain her vote last week that essentially ensured that the Senate’s transport committee would not vote to report Bill C-48 (the west coast tanker ban) back to the Senate without amendments. It’s a mere delay to the bill, ultimately, and it’s likely that the full Senate will vote to reject the committee report and may entertain another amendment or two at Third Reading, but I would be mighty surprised if this bill didn’t get pass largely unmolested. But as much as I do respect the good Senator, I will take exception to a few of the things she wrote in her piece.

The biggest thing I will always, always object to is when senators say that it’s not their job to defeat bills passed by the democratically elected House of Commons. That’s false – it’s absolutely their job under the Constitution – that’s why it has an unlimited veto. The question is when they should use it, and I’m not sure that this is a good example of a bill, because it doesn’t fail any particular constitutional tests (Jason Kenney’s nonsense rhetoric aside). But for as much as Simons prevaricates on the question of how appropriate it is to block bills in the newly empowered “independent” mindset of the Senate (insert more back-patting about the lack of whips here), she then says that the other tradition is to defend her region, which she did. I have reservations about this line of thinking, because it gives rise to parochialism and some of the flawed thinking that gave rise to a bogus school of thought that believed that a “Triple-E” Senate could somehow force the hand of a government with a majority in the Commons (rather than just become a repository for 105 new backbenchers). If she really were defending her region, she should remember that her region includes BC, whose northern coast the bill is intended to defend. As well, her concerns ignore the process that Trans Mountain has been undergoing for the past year – just because it hasn’t started construction doesn’t mean it won’t, and trying to provide an alternate route that was proved far more problematic in the past – witness the Federal Court of Appeal decision regarding Northern Gateway – I’m now sure that she’s doing anyone any favours by letting the rhetoric of Kenney and the oil industry dominate her thinking.

In the meantime, we should brace ourselves for another round of obnoxious talk about the “Salisbury Convention” (which doesn’t apply to Canada and never has), and about the original intent of the Senate. It won’t be edifying.

https://twitter.com/PhilippeLagasse/status/1130956002029916162

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Roundup: An economic vision without an economic case

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Andrew Scheer gave the second of his policy keynote speeches yesterday, this one on his economic vision, and as could be expected, it was full of hyperbolic declarations about the size of the deficit (it’s tiny in comparison to our GDP), and the state of Canadian household finances (which have been growing). He promised that any new spending programmes would have to be paid for out of government “savings,” and in his pledge to balance the budget in two years, that would mean cuts. Of course, Conservative mouthpieces say this is easily enough achieved because they did it before (forgetting of course that the previous government had a habit of booking savings that were never going to be achieved for the sake of getting to a paper balance, like Shared Services Canada, or the Phoenix Pay System). The Liberals, incidentally, were quick to put out Bill Morneau to put a price tag on those cuts and warn that they would come out of families, and with the spectre of seeing what Doug Ford is doing to those families in Ontario, well, it’ll make things harder for Scheer.

The part that everyone talked about, however, was his grand vision of an “energy corridor” across the country where pipeline projects would magically cross the country with buy-in from Indigenous communities and everyone would be happy and prosperous, and we would have energy security and would never had to import oil from Saudi Arabia ever again. The problem with this fantasy picture, however, is largely economics. Even if Energy East were to get built, by some miracle, it would not have an economic case given that it wouldn’t be used for domestic oil in the eastern provinces as it would be far more expensive than the oil they’re importing. In fact, Energy East did not make it off the drawing board because there was no economic case – it wasn’t because there was opposition in Quebec (which has already achieved some kind of mythical status), but because there was no economic rationale for the company given that Keystone XL was back on the table. Scheer’s promise (other than the fantasy of it even happening) is that Alberta will either have to take a huge discount per barrel of oil, or oil prices in the eastern provinces start taking a major jump because they’re paying a lot more for it, and upgrade it from heavy petroleum and refine it (in refineries that would have to have been refitted, likely with yet more taxpayer subsidies). But since when should logic or basic economics be part of an “economic vision”? That would be silly.

Chris Selley offers a critique of Scheer’s rhetoric, but finds it more astonishing that it’s the Liberals’ own self-inflicted damage that is putting Scheer in a position where he has a reasonable shot of winning.

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QP: The ascribing of dubious motives

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With Justin Trudeau in Paris, and Andrew Scheer outlining his “vision” for the economy, it was up to Candice Bergen to lead off today, and she led off with the news of the formal arrests of Michael Kovrig and Michael Spavor, and called the prime minister a coward — and got censured for it — and demanded he do something for it. Mélanie Joly told her not to play games with their lives, and said that the minister was in touch with her counterparts and Canada’s international allies to secure their release. Bergen then pivoted to the Mark Norman case, compared his treatment to that of Omar Khadr, and demanded a personal apology by the prime minister. Diane Lebouthillier replied in French about the independence of the investigation and prosecution. Bergen said that Norman can’t tell his story because of military guidelines and demanded the government give him an exception, to which Lebouthillier responded that committees are independent, as were the others involved in the case. Pierre Paul-Hus accused Justin Trudeau of not respecting Quebec which was why they didn’t want that contract to go to the Davie Shipyard as it relates to the Norman case. Lebouthillier reminded him of the contracts that Davie has received. Paul-Hus accused the government of wanting to “destroy” Norman, and Lebouthillier reminded him again of the independence of the RCMP and public prosecutor. Peter Julian led off for the NDP, and demanded a public inquiry into money laundering, and Bill Blair noted that there were measures in the budget to combat it that the NDP voted against. Alexandre Boulerice tried again in French, got the same answer from Blair in English, before he railed about the climate emergency. Catherine McKenna stated that the government has a plan which protects jobs. Julian repeated the question in English, and got much the same response from McKenna.

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Roundup: A blow to the tanker ban bill

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The Senate’s transport committee voted last night to not proceed with Bill C-48, which bans tankers on BC’s northwest coast, but before anyone gets too excited, I would caution that it’s not the bill’s end. We just saw the Senate’s national security committee recommend changes to the gun control bill that would gut it, and those got overturned by the Senate as a whole, and I suspect we’ll see a repeat performance of that with this bill – but the Conservatives will put up a fight, and because this was one of the bills that they did not offer a final vote timeline in their agreement with the Leader of the Government in the Senate, Senator Peter Harder, they will dare him to invoke time allocation on this. (I plan to write more about this in column form later).

In the meantime, Independent Senator Paula Simons was one of the deciding votes on this, and she explains it all over Twitter.

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Roundup: Mark Norman and the culture of leaks

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As the Conservatives try to keep the Mark Norman affair in the news – currently demanding committee hearings with a laundry list of witnesses, as though that had any chance of happening this close to an election when Parliament is seized with trying to get as many bills through the process as they can – there are a couple of new bits of information that I have a hard time fitting into the established factual matrix. The one that the CBC published yesterday was that it was revealed that Norman was authorized by the Harper Cabinet to communicate with Davie Shipyard – because they were using Norman to doing an end-run around the then-Chief of Defence Staff, who was opposed to the lease and refit of the supply ship. I’m not sure entirely how this would be the piece of information to exonerate him, given that he’s alleged to have leaked the news of the pause on the process to a lobbyist and a reporter as a way of pressuring the government to restarting it (which they did in short order). You also have to wonder why Peter MacKay would have sat on this bit of information for all of these months only to pull it out now rather than defend Norman in public with it. None of it makes any actual sense, but that’s where we are.

In light of the case, the National Post has a piece about the use of leaks in Ottawa, and the currency around them – how governments use them to manipulate journalists, how bureaucrats use them to even scores, and very occasionally they’re used to hold people to account. The question the piece asks is why, in a city of leaks, Norman was being made an example of, but I’m not sure it’s a question we’ll get an answer to anytime soon. While it’s a good overview, I keep going back to The Thick of It, and the discussion around leaks during the Goolding Inquiry, when Malcolm Tucker described leaks as essential to release the pressure going on in government, lest things get dark if they didn’t. And I do think there’s an element of that, but given the exercise we just went through during the Double-Hyphen Affair, and the competing leaks and denials, I find myself wondering if We The Media need to exercise a bit more self-reflection in our use of them, rather than simply allowing ourselves to be manipulated because we think it’ll be good for our careers. (Or maybe I’m just being naïve).

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QP: Protesters and protestations

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While the prime minister was off meeting the president of Croatia, and Andrew Scheer was elsewhere, Candice Bergen led off QP, and she started off with more angry rhetoric about the Mark Norman case. David Lametti responded with his bland assurances that the RCMP and the Public Prosecution Service were independent, and that all stated there was no interference or contact. Bergen stated that she wasn’t disputing their independence but that the decision to stay the charges was in spite of government interference. Diane Lebouthillier, bizarrely, repeated Lametti’s response in French. Bergen demanded that the government allow the Defence Committee to investigate the matter, and Lebouthillier repeated her response. Alain Rayes got up next to decry that an infrastructure announcement was made in Quebec with no member of the provincial government present. Jean-Yves Duclos got up to recite how their infrastructure programme was making a difference. Rayes accused Duclos of attacking the government of Quebec, and Duclos repeated his praise for the government’s investments in Quebec. Jagmeet Singh was up next for the NDP, and he read some platitudes about the NDP environment plan and wanted a declaration of a climate emergency. Oddly, Ginette Petitpas Taylor read some praise for the 50 measures that the government was taking to reduce pollution. Singh switched to French to repeat the demand, and Petitpas Taylor read the French version of the script. Singh then raised the report on money laundering in BC, and Lebouthillier noted that CRA is ramping up their audits to combat this. Singh repeated the question in English, and Bill Blair directed Singh to read Budget 2019, which gave greater police funding and new regulations to help investigations and prosecutions. 

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Roundup: Surprising job numbers

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There were surprising economic numbers out yesterday – record job creation, and historic unemployment rate lows in Quebec, and nearing lows for youth unemployment. The government had obviously been preparing for the threshold of a million jobs created since they took office, because once it happened with this morning’s release, they were all over it, and everyone of them was pushing insufferable memes over their social media channels, and trying to wedge it into QP when they got bored of the Mark Norman scripts. And before you ask, no these jobs weren’t all in the public sector, but the majority were in the private sector and were full-time jobs, and were broad across different sectors that tested well, meaning that the data has less chance of being suspect as the month-over-month data can be.

This will set up a few different narratives as we careen toward the election – from the Liberals, it will be seen as proof that their plan for “investing in the middle class” is working, which will be key for their re-election message. While Andrew Scheer has attempted to claim that there was a jobs crisis in this country on several occasions – based in part on deliberately misconstruing StatsCan data – it’s never really stuck. Likewise, this pours a lot of cold water on the claims that the federal carbon price is a job-killer (though they would say that it remains too soon to tell). It also is on the road to completely disproving that said carbon price will drive the country into recession – in fact, it looks like the economy is picking back up steam after the slowdown related to the most recent oil price crash (which the Bank of Canada had always stated was due to temporary factors, though it spread a bit further than initially anticipated). That these job figures had other strong indicators like good wage growth in them, it bolsters the picture of that recovery, which should be back to solid growth by the time of the election. Of course, the Conservatives will try to point to the fact that the Americans are showing bigger job growth than we are, but it also bears reminding that they’ve juiced their economy with a trillion dollars in annual deficit spending, which puts Trudeau’s very small deficits in favourable comparison.

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I’m not sure that this will undo all of the damage the Liberals have been doing to themselves, and they’re going to inevitably be arrogant in how they communicate this economic good news, but they can at least point to good numbers.

https://twitter.com/SkepticRod/status/1125431876670255104

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