Tag Archives: Coast Guard

Roundup: The source of the complaints

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Carrying on with yesterday’s theme, Bill Morneau decided he would try and be too cute by half and release an open letter of his own, questioning Andrew Scheer’s promise to premiers to maintain the current health and social transfer system, and claimed that he was still advocating a cut. I’m not sure that it was quite right, but it was a novel attempt – and something Morneau rarely does, so there’s that. Scheer, meanwhile, keeps on his affordability message, claiming that he’s the only one worried about it while the Liberals keep raising taxes, etc.

The thing is, Scheer is wrong about that. He is fond of citing that Fraser Institute report that treats the cancellation of boutique tax credits as “raising taxes” – as it also ignores the tax-free Canada Child Benefit offered to most families as a replacement, and a more targeted one that will actually benefit low-income households at that – much like he’s fond of ignoring that the climate rebates will make most households better off in jurisdictions under the federal carbon pricing system. But beyond that, the data clearly shows that the federal taxes as a share of federal revenues also continues to decline under the Liberals. Scheer’s affordability narrative as it comes to taxes is bogus. Well, except for one particular group, who is not better off under the changes that the Liberals have made. And yet, as Kevin Milligan demonstrates with data and receipts below, it’s certainly not the average Canadians that Scheer claims to be fighting for. But then again, illiberal populists claiming to be looking out for average people while benefitting the wealthiest is getting to be a tired game by this point – and yet people still keep falling for it.

https://twitter.com/kevinmilligan/status/1157388641385062401

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https://twitter.com/kevinmilligan/status/1157439654120923136

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Roundup: Sticking with the date

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You may recall that last week, the Federal Court granted judicial review to the Conservative candidate looking to change the election date because it clashes with a particular orthodox Jewish holiday, and lo, the Chief Electoral Officer set about to review his decision. Yesterday he announced that he’d reviewed it, and he was still confident that there wasn’t sufficient reason to change it – moving it back a week would put it in conflict with a bunch of PD days in schools that they needed to use for polling stations, and it would collide with municipal elections in Nunavut, and there were still plenty of options, be they advance polls or special ballots, for those affected by the orthodox Jewish holidays. That decision goes to Cabinet, who will make the final call later this week.

But then something curious happened – a couple of Liberal MPs tweet their dismay at the CEO’s decision, which is a little odd because, well, it’s not really his call. He’s making a recommendation, and Cabinet makes the final decision because the dissolution of Parliament for an election is a Crown prerogative, meaning that it depends on the Governor-in-Counsel (i.e. Cabinet advising the governor general) that makes the decision, regardless of our garbage fixed election date legislation. So if they’re tweeting dismay, they should direct their pleas to their own government rather than to harass the CEO.

This having been said, I am forced to wonder if this isn’t part of the fallout from the aforementioned garbage fixed election date. One of the justifications for said garbage legislation is that it’s supposed to help Elections Canada plan, rather than scramble in the event of a snap election call – but it’s starting to feel like perhaps those plans are also getting a bit precious, which is a bad sign for an institution that is supposed to be adaptable in order to accommodate the election call, whenever it may be.

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Roundup: The premiers’ pre-meeting

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While a Council of the Federation meeting will be happening this week in Saskatoon, Jason Kenney has been planning a pre-meeting for several premiers at Stampede, last night and today. It’s an interesting bit of dynamic because while Kenney is one of the most junior members of the Council (with only PEI being more junior), he’s trying to act like a bit of a ringleader for the various conservative-led provinces as they wage war against Justin Trudeau and the federal government. We’ll see how well that goes over.

Meanwhile, John Horgan says he’s hoping that they can use this meeting to get something accomplished, and that it won’t be a number of premiers trying to have a stand-off against Trudeau in advance of the election. But given that several of those premiers have been having public tantrums over the carbon price, two of them now having lost their court challenges, I’m quite certain that they’re going to have some kind of theatrical blow-out for the sake of Andrew Scheer to come in and try and look statesmanlike. (Have I mentioned that fixed election dates are garbage?)

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Roundup: Problematic leaked recommendations

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On Monday, the Inquiry into Missing and Murdered Indigenous Women will give its final report, and judging from the leaked copy, there will be some consternation with the conclusions, particularly that it considers the deaths as the victims of a “Canadian genocide.” While previous inquiries and even statements by the former Supreme Court of Canada Chief Justice, Beverley McLachlin, have used the term cultural genocide, this report allegedly drops the qualifier. That will likely be a hurdle because there would seem to be an implication that a genocide implies an organised effort – which there was on the cultural side (because it was inconceivable to think that they shouldn’t be converted to Christianity and “civilised” because that was the dominant cultural framework), but I think it will be hard to stretch that to deaths that are more attributable to poverty and intergenerational violence – we can’t forget that the vast majority of perpetrators of these deaths were Indigenous men (and that there are even larger numbers of Indigenous men who have are missing and murdered).

As for recommendations, the headline one also appears to be problematic – that instances of domestic violence against Indigenous women that result in death be regarded as first-degree murder – and that the use of “Gladue principles” be reviewed with cases of deaths of Indigenous women. That again will be problematic because the Supreme Court ruled on those principles as a way of addressing intergenerational violence that leads to higher rates of incarceration for Indigenous people, and again, if the majority of perpetrators of violence against Indigenous women are Indigenous men, does this recommendation then not demand that more Indigenous men be incarcerated? While the recommendation is rooted in the principles of denunciation and deterrence, I’m not sure that’s sufficient given the broader implications. As well, some of the recommendations like making Indigenous languages official and on par with English and French don’t seem to grasp the practical considerations of ensuring that there be federal services provided in 60 different Indigenous languages.

It also sounds like the government isn’t going to readily accept all of these recommendations Carolyn Bennett has been pre-consulting on what she’s been hearing out of the Inquiry, and she’s not in favour of harsher sentences because it goes against evidenced-based policy as to what is effective. She also noted that their bill on changing child welfare systems for Indigenous communities will do more to prevent the intergenerational violence that the current broken system does. We’ll see what the formal report and its apparent 230 recommendations entail, and what the government’s response will be, but this leak and Bennett’s response sounds like they won’t be endorsing the whole thing.

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Roundup: Alberta sends the wrong (price) signals

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It was Throne Speech day in Alberta, and sure enough, it contained an ambitious laundry list of upcoming legislation designed to undo much of what the NDP had put into place as a means of “restoring” the mythical Alberta Advantage. (Full speech here). Shortly thereafter, the promised Bill 1 to repeal the province’s carbon levy was introduced – pretty much guaranteeing that the federal carbon price will be imposed once the bill is enacted. It doesn’t repeal all of the carbon prices in the province, however – it merely shifts them to the largest polluters, which does nothing about the demand side of carbon consumption, and won’t shift consumer behaviours, nor will it do enough for those large emitters, because for all of Kenney’s talk about looking to protect the energy sector, he just shifted the bulk of the burden onto them. (It also won’t really help consumers because poorer households will be worse off now).

Meanwhile, here’s Andrew Leach to explain why Kenney’s repeal of the carbon price is handing a rhetorical victory to Ontario, and why the reliance on magical technology from the future to reduce emissions won’t happen if there aren’t proper price signals to spur its development.

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Roundup: The rot Chong won’t address

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Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Suspension as a first step

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The Senate’s Conflict of Interest and Ethics Committee has considered the Senate Ethics Officer’s report into the conduct of one Senator Lynn Beyak and found her response to be wanting. Because she has refused to acknowledge wrongdoing and hasn’t removed the racist letters from her website, let alone apologise for posting them, they are recommending that she be suspended without pay for the remainder of the current parliament (meaning that it would end when parliament is dissolved and the writs drawn up for the election). Part of the thinking is that the time away – without pay or access to Senate resources – will give her time to think about her actions, and they suggest that the sensitivity training about racism and Indigenous history should be out of her own pocket. And if she still refuses to take action, they’ll look at having Senate administration take the letters down from her site (though nothing would stop her from moving them to a site that she hosts on her own), and if she still refuses action, well, they can revisit her fate in the next Parliament.

A couple of things to consider in all of this. First – it may help to re-read my column on the subject – is that they are likely recommending suspension because they will be very reluctant to recommend full expulsion without exhausting all avenues, and to afford her every single bit of procedural fairness and due process they possibly can in order to ensure that if it comes to that, that they will be on unshakeable ground. Setting a precedent for the removal of a senator should be done very, very carefully, and it has been argued in some circles that the reason why Senators Duffy, Wallin and Brazeau remain in the Chamber are because the need to be politically expedient in their suspensions and not affording them proper fairness essentially made it impossible to recommend expulsion in the future because they could plausibly argue that they hadn’t been afforded the due process. Consider that lesson learned with how they are dealing with Beyak.

I can’t stress enough that recommending expulsion is an extraordinary step, and they can’t just do it because she’s an unrepentant racist (even though she doesn’t see herself that way) – especially because part of the whole reason the Senate has such strong institutional protections is because Senators are supposed to be able to speak truth to power without fear of repercussion. But it’s clear that this isn’t what Beyak is doing, and they need to go to great lengths to prove it and to provide enough of a paper trail to show that there is no other choice to deal with her than expulsion, because this is a very dangerous precedent that they would be setting. More than anything, the measures they are recommending are done in the hopes that she does the honourable thing and resigns, though it remains to be seen if she will get that hint (given that she refuses to believe that she’s done anything wrong). This will be a slow process. People will need to be patient. Demanding her immediate removal will only make things worse.

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QP: Trudeau challenges an absent Scheer

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The prime minister was present for a miserable day in Ottawa, but Andrew Scheer was absent, despite his previous fist-shaking about the libel suit. That left Lisa Raitt to lead off, raising the lawsuit, and wondered when the action would commence. Justin Trudeau stood up, with notes in hand, and he noted that the leader of the opposition has a history of making false and misleading statements, which is why they put him on notice. Raitt tried again, and listed broken promises as falsehoods the prime minister spoke previously (pretty sure there’s a difference there), and again demanded the action to commence. Trudeau repeated his response, and Raitt noted that the ball was now in the prime minister’s court, and Trudeau noted that Scheer did not condemn white supremacists when asked directly to do so yesterday, and said he’d give him another chance to do so. Alain Rayes took over in French, and he too demanded the action commence, and Trudeau recited the French version of his points that Scheer misleads Canadians and treats it as a virtue. Rayes tried again, and Trudeau repeated in French that Scheer did not condemn white supremacists. Jagmeet Singh was up for the NDP, and he concern trolled that Jody Wilson-Raybould and Jane Philpott were kicked out of caucus, and demanded a public inquiry. Trudeau stated that they tried for weeks to resolve the issue but in the end, the will of caucus was clear. Singh switched to French to demand an inquiry, and Trudeau spoke about the great things that his government was focused on. Singh switched to a question about reliable cellphone service and demanded that the government stand up to telecom companies and order them to lower costs, to which Trudeau reminded him that the minister of rural economic development was making coverage a priority. Singh then moved onto the lack of federal involvement in money laundering investigations in BC, to which Trudeau noted that he must not have read the budget because there were investments in doing just that. 

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Roundup: Trying to make a garbage bill relevant

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Over the past couple of weeks, Conservative MP Michael Chong has been trying to make “Fetch” happen – or rather, trying to make his Reform Act relevant again, first by taking to the Twitter Machine to outline the process outlined in the Act for ousting a party leader (as though the Liberals were seriously considering dumping Justin Trudeau), and later to insist that it laid out a process for expelling MPs from caucus. The problem? Well, there are several, but the most immediate one is that the Act requires each party to vote at the beginning of each parliament whether they will adhere to the provisions or not – and lo, none of the parties voted to. Not even Chong’s. It was always a garbage bill – I wrote a stack of columns on that very point at the time it was being debated – and it made things worse for parties, not better, and ironically would have made it even harder to remove a party leader by setting a public high bar that the pressure created by a handful of vocal dissidents or resignations would have done on its own. It also has no enforcement mechanisms, which the Speaker confirmed when Erin Weir tried to complain that it wasn’t being adhered to. But why did this garbage bill pass? Because it gave MPs a warm feeling that they were doing something to “fix” Parliament (and in the context of doing something about the “dictatorial” style of Stephen Harper under the mistaken belief that his caucus was searching for some way to get rid of him, which was never the case).  It had so neutered it in order to be palatable enough to vote on that it was a sham bill at best, but really it did actual harm to the system, but Chong was stubborn in determining that it should pass in its bastardized form rather than abandoning it for the steaming hot garbage bill that it was.

And now, with Jody Wilson-Raybould and Jane Philpott’s ouster from caucus, Chong has been trying to make the rounds to claim that the move was illegal without a vote – err, except no party voted to adopt the provisions, which is pretty embarrassing. And yet he keeps trying to sell it to the public as though this were a done deal.

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Roundup: Welcoming (another) investigation

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And thus, the SNC-Lavalin/Wilson-Raybould drama rolls along (and don’t you dare -gate this, or I will hunt you down and hurt you). The day began on a few different developments – first, that the Ethics Commissioner said he would begin “an examination” into the matter (which everyone stated was an investigation, though for a matter that has involved the parsing of words, I’m not sure that one is equal to the other), and that the Prime Minister said that welcomed the investigation from the Commissioner (possibly because it will take seven to nine months), that he’d spoken with Jody Wilson-Raybould twice over the past couple of day and stated that when they met back in the fall, and that he told her that any decisions around the Public Prosecution Service were hers alone (in the context of the public lobbying that was being done on all sides). And more to the point, he noted that the fact that she’s still in Cabinet should be proof that what’s alleged didn’t happen, as she would have resigned out of principle if she had been pressured, per the Shawcross Doctrine, and if he didn’t have confidence in her, then he wouldn’t have kept her in Cabinet. Oh, and he would ask the current Attorney General to look into the matter of whether he could waive solicitor-client privilege, because it’s not a simple matter (which got legal Twitter buzzing again).

Of course, none of this is proof enough for the opposition parties, who are demanding that the Justice Committee study go ahead, and the meeting is called for Wednesday, though the Chair has said that he’s hesitant because of the way in which the meeting was called, and the fact that he’s afraid of it simply becoming a partisan circus rather than a useful non-partisan exercise in getting to the truth of the matter. Other Liberals, like New Brunswick MP Wayne Long, is hoping the committee does take up the matter because he’s “troubled” by the allegations, while Celina Caesar-Chavannes is coming to Wilson-Raybould’s defence in light of accusations that there is a smear campaign in the works. And as added context to what is at stake, the federal government signed $68 million in new contracts with SNC-Lavalin last year, and they have a stake in some major projects.

Meanwhile, University of Toronto professor Kenneth Jull walks through the benefits and problems with deferred prosecution agreements like SNC-Lavalin has been pushing for. Kady O’Malley’s Process Nerd column goes through procedurally what is likely to happen during Wednesday’s justice committee meeting. Lawyer Michael Spratt sardonically wonders if Wilson-Raybould couldn’t achieve any of the promises in her mandate letter because she was being held back by PMO. Andrew Coyne remains adamant that there has not been a proper denial in any of this mess, as the PM continues to step on his own messaging, like he so often does.

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