Tag Archives: CRTC

Roundup: O’Toole’s day of reckoning

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Regardless of the outcome of today’s caucus vote, Erin O’Toole is finished as leader—the only question is how long he lingers. Thanks to the (garbage) Reform Act, what should have been an exercise in reading the room has come down to weaponization, threats, and now a legalistic battle of wills where anything less than fifty-percent-plus-one will mean O’Toole will try to lord over the caucus until an eventual grassroots leadership review, which may or may not be sooner than the current date scheduled (pretty much acceding to what Senator Denise Batters sidelined for calling for). But the fact that we’ve even reached this point, months in the making, where more than a third of his caucus is alienated, means he’s unable to lead the party no matter what, and frankly, the (garbage) Reform Act is just making this situation worse than it needed to be.

O’Toole apparently spent the day working the phones, and apparently has been saying that he’s willing to change his policies if he survives—but isn’t that part of the problem that got him here? That he keeps changing his positions depending on the audience he’s in front of? I’m not sure how he thinks this promise helps him. Also, “coincidentally” an Astroturf grassroots group calling itself the “Majority Committee” launched itself yesterday morning, conveniently parroting the exact same lines O’Toole used in his challenge letter to his caucus, so that doesn’t look staged at all. Meanwhile, his former allies are lining up against him, a number of former MPs have added their names to an open letter calling for him to step down, so any illusion that continuing on as leader after this is really just delusion.

https://twitter.com/BobBenzen/status/1488633402400071682

Meanwhile, Andrew Coyne argues that it’s not O’Toole that needs to be ousted, but rather the unhinged yahoos in the caucus that are causing the party its biggest headaches. (I don’t disagree, but appealing to the yahoos is part of O’Toole’s problem). Althia Raj correctly notes that whatever the outcome of tomorrow’s vote, it’s untenable for O’Toole to stay. Matt Gurney (by video) wonders if this winds up leading to the break-up of the party.

https://twitter.com/acoyne/status/1488522864269705222

https://twitter.com/acoyne/status/1488526887408353282

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Roundup: Unable to read the signs about Freeland

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Just a quick note because a lot of talking heads have been mentioning it over the past few days, which was about that Globe and Mail article from a couple of days ago (which I’m not going to link to) that proclaimed Chrystia Freeland’s leadership ambitions because…she is the subject of an unauthorized biography, and she wrote that letter to the board of Air Canada. No, seriously—that was the sum total of the Globe’s evidence.

And yet, on Power and Politics, The Line and other places, everyone is treating this biography as though it were a) an autobiography, which is what many party leaders will release ahead of an election, not ahead of a leadership vote; or b) a book that she commissioned herself, when in fact someone else is writing it, and Freeland has apparently not even agreed to be interviewed for it, or cooperate with it in any way. Nevertheless, the conflation by all of these outlets continues to paint a picture that is not actually there.

As for the letter to the board of Air Canada, the federal government is one of the largest shareholders with six percent of the company’s stock, which Freeland mentioned in the letter. Add to that, Air Canada is a repeat offender when it comes to violating their obligations under the Official Languages Act, so as finance minister, Freeland has particular obligations to remind the Board of this when their CEO did something as impolitic (and frankly stupid) as the comments he made. This wasn’t something that she did on a whim because she wants to build up her Quebec cred for the (eventual) leadership bid.

I get the desire to stir the pot and create some drama, but come on. Yes, Freeland no doubt has ambitions, and she is likely going to be the next prime minister. But if you’re a serious news outlet, at least get your basic facts and context right before you start making these kinds of proclamations. You don’t look very credible with this kind of nonsense.

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Roundup: Parliament versus itself

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Not unexpectedly, the Speaker of the House of Commons has declared that he’s going to fight “tooth and nail” for Parliament’s right to demand whatever documents they want – as well he should. But this is a very complex issue that becomes parliament fighting against itself, because of the obligations in places like the Canada Evidence Actthat triggered the process that the Attorney General had to undertake around those Public Health Agency documents related to the National Microbiology Lab firings.

With that in mind, here is some context as to what the Canada Evidence Act demands, and why this is not Justin Trudeau personally defying the will of parliament, but the government following its own laws.

For a further breakdown of the legal balancing act involved, and what the court process for this will look like, read through this thread (which was a little too long to simply post, but a couple of highlights are below).

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QP: Security breach and securities regulators

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While the prime minister was off to the G7 meeting in the UK, the only Liberal in the Chamber was Francis Drouin, though Mark Gerretsen would replace him later in the hour. Erin O’Toole led off, accusing the government of hiding a security breach at the National Microbiology Lab. Jennifer O’Connell warned that O’Toole was playing a dangerous game, and that redacted documents were provided to the Canada-China committee and the unredacted documents went to NSICOP. O’Toole accused her of participating in a cover-up, and O’Connell accused O’Toole of not caring about national security. O’Toole scoffed, noting his military service, and worried there was a Chinese “infiltration” at the Lab, which O’Connell countered with a prof at the Royal Military College praising NSICOP. O’Toole then repeated his first question in French, got the same answer as before, adding that she used to be a member of NSICOP so she could vouch for its security. O’Toole repeated his allegation of a cover-up in French, and O’Connell, exasperated, noted that she wasn’t sure how many more times she could say that they turned over the documents in the appropriate way.

Alain Therrien led for the Bloc, accusing the government of trying to create a new pan-Canadian securities regulator which Quebec opposed. Sean Fraser noted that the office cooperated voluntarily with provinces. Therrien tried again, and Fraser repeated that Quebec was not bound to work with that office.

Alexandre Boulerice rose for the NDP, and he condescended to the government about the WE Imbroglio, and demanded that the government respect the Ethics committee’s report. Bardish Chagger thanked the committee for the work, but accused them of being more interested in partisan games. Charlie Angus then repeated the demand in English with added sanctimony and stretched the credulity of the allegations, and Pablo Rodriguez batted away the insinuations.

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QP: Magical solutions to housing shortages

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We had initially been promised the prime minister’s attendance today, but given events, he and the other party leaders all decided to jet off together to the vigil in London, Ontario, for the Muslim family that was killed in a hate crime on Sunday night. Candice Bergen led off by video, requesting an update on what the government was doing to support the Muslim community in the wake of the tragedy. Bill Blair listed off some supports, and made the point about Canada trying to “be the country we aspire to be,” which I thought was probably one of the better articulations out there, rather than the usual “this isn’t us” denialism. Bergen then demanded to know why unredacted documents related to the two fired scientists had not been turned over to the House of Commons as had been ordered, for which Patty Hajdu reminded her that she turned those documents over to NSICOP, which was the proper venue for it. Bergen accused the government of being in contempt of Parliament, and tied the lab to the investigation into the origins of COVID in Wuhan, thus fuelling more conspiracy theories, and Hajdu warned her about conflating issues. Gérard Deltell took over in French and tried to insist that NSICOP was the personal committee of the prime minister and that they couldn’t know what was turned over to it – which is a very dangerous move to politicise the committee like that – and Hajdu corrected him that the committee is multi-partisan and has the ability to review these kinds of documents. Deltell tried again, and got the same pushback from Hajdu.

Christine Normandin led for the Bloc, and demanded action to solve the delays to temporary foreign workers in Quebec. Marco Mendicino insisted that he was hard at work with his Quebec counterpart and they were on target. Yves Perron took over and demanded immediate action on the arrival of those workers, and Mendicino reminded him that they have doubled the number of arrivals over the past decade.

Rachel Blaney demanded immediate action on the motion that passed yesterday on ending litigation against First Nations children and residential schools survivors, for which Carolyn Bennett praised the intent of the motion, but stated that they contain complex legal issues that should not be resolved unilaterally on the floor of the House of Commons. Charlie Angus repeated the question with added sanctimony, and Bennett read that the court ordered an independent review of the compensation which could include greater amounts for some survivors, which the government was funding.

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QP: Mona Fortier reminds us she exists

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It was a scorcher in the Nation’s Capital, and once again, the only Liberal MP in the Chamber was Mark Gerretsen. Candice Bergen led off by video, and she complained that the million jobs promised by the end of June had not materialized, and compared our job numbers to the Americans’, and demanded a plan to re-open the economy – as though that were a federal call. Mona Fortier assured her eight out of every ten jobs lost at the start of the pandemic had already been recovered, and that international credit ratings have pointed out Canada’s plan was sound. Bergen railed about job losses and accused the government of being more concerned about their travel itineraries than Canadians, for which Fortier reminded her of the good new of the Q1 GDP numbers (which really weren’t great, considering how much of those numbers were tied up in real estate). Bergen then blamed the federal government for the third wave of the pandemic (when she knows full well it was premiers who reopened too early and locked down too late), and Fortier listed measures taken to help businesses in lockdowns and as part of the recovery. Gérard Deltell took over in French and railed about jobs, for which Fortier repeated the “good news” in the GDP numbers. Deltell seemed to think the lockdowns were completely over when complaining that jobs had not completely recovered, and Fortier recited good news talking points about the wage subsidy. 

Alain Therrien led off for the Bloc, and he demanded that the federal government extend Quebec’s Bill 101 to federally-regulated industries because the Official Languages Act only protects bilingualism and not French, and Mélanie Joly assured him they were protecting French. Therrien complained this wasn’t good enough because the federal bureaucracy had a high failure rate, and Joly stated that they were working to strengthen the Act and the Commissioner’s powers, and to extend the Act to industries in federal jurisdiction in the private sector.

Alexandre Boulerice led for the NDP by video, and he demanded the government support their motion on abandoning litigation involving First Nations children and survivors, for which Mark a Miller noted that they support parts of the notion but there are jurisdiction issues to be litigated, and they were negotiating compensation. Charlie Angus repeated the question in English with added sanctimony, and Miller repeated slowly that every First Nations child that has suffered at the hands of the child welfare system will get just and fair compensation.

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QP: Leaning harder into the Winnipeg Lab conspiracy theory

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It was the prime minister’s first appearance in the Chamber since the discovery of the mass grave in Kamloops last week, and he was joined once again by Mark Gerretsen. Erin O’Toole led off, and with his script before him, he asked for swift action on the Calls to Action from the Truth and Reconciliation Commission around the residential schools. Justin Trudeau gave some platitudes about reconciliation and mentions their investments in those Calls to Action. O’Toole then moved onto the National Microbiology Lab, and deliberately conflated the issue around the two fired scientists with the global demand for answers around the origin of COVID, for which Trudeau reminded him that there are mechanisms to review national security matters. O’Toole dismissed NSICOP as the prime minister’s “secret committee” and tried to conflate the issue around those scientists, for which Trudeau hit back about the secrecy of the Harper government and their refusal to subject national security agencies to independent oversight. O’Toole switched to French to repeat his first question on the two scientists, for which Trudeau reminded him of the oversight mechanisms. O’Toole switched back to English to try and tie in this with approvals for foreign investment from China and Huawei, and Trudeau replied that the Conservatives never hesitate to play politics with national security, before he returned to his praise of the creation of NSICOP.

Yves-François Blanchet rose for the Bloc, and pressed for the swift passage of Bill C-10 in spite of Conservative opposition, for which Trudeau praised the cooperation of other parties in trying to pass the bill, and that they hoped to pass it before summer. Blanchet warned that if it did not pass by summer, there would be a heavy political price to pay in Quebec, and Trudeau reminded him that they have been there for artists since the beginning, starting with reversing the Harper-era cuts, and that it was the Conservatives blocking culture.

Jagmeet Singh led for the NDP, and he raised the court challenges around Indigenous children and residential school survivors (which are about narrow points of law and not compensation). Trudeau stated that every survivor deserves compensation and they are working on that, and they have also been guiding “transformative change” around Indigenous child and family services. Singh repeated the question in French, and got much the same answer.

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QP: Saving our forestry sector from the Americans

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For a Monday in the shadow of the discovery of that mass grace of Indigenous children in Kamloops, and there was once again but a single Liberal in the Chamber, and yes, it was once again Mark Gerretsen. Candice Bergen led off in person for the Conservatives, and she raised the discovery of the mass graves, and wanted an update on plans to find the identities of those children. Gary Anandasangaree responded after a delay, citing the funding commitments already made and made mention of work done with Indigenous leaders. Gérard Deltell repeated the question in French, and this time Marc Miller responded, saying that they are standing with the communities and will deliver the support they need. Bergen was back up, and she accused the government of being silent on American predations in the forestry sector, for which Seamus O’Regan expressed his disappointment in American actions, and his desire for a negotiated solution. Bergen derided the government’s actions on this as well as pipelines, for which O’Regan assured her they were looking out for all workers, including energy workers. Deltell then repeated the lament about softwood lumber in French, and O’Regan repeated his earlier response.

Alain Therrien led for the Bloc, and he demanded that federal workplaces in Quebec make French the language of work — and being very particular about it — and Pablo Rodriguez gave the flattering falsehood about French supposedly declining in Quebec (it hasn’t), and stated their commitment to protecting the French language. Therrien railed that the federal government simply wanted to extend bilingualism, which Rodriguez reassured him that they have worked to strengthen French across the country.

Jagmeet Singh rose for the NDP, and in a somber tone, raised the mass grave in Kamloops and demanded the government drop their lawsuits against Indigenous children and survivors, and Marc Miller assured him they have committed to compensation, and that they are committed to continuing the search for truth and devoting resources for doing so. Singh repeated the question in French, and Miller repeated his response in French.

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Roundup: Some of the misconceptions around C-10

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The other day, I made a somewhat snarky comment over Twitter in response to an op-ed in The Line, because people are still making stuff up about Bill C-10. Like, out of whole cloth, complete fiction, because they do not grasp the basic mechanics of regulation in this country.

So, with this in mind, here are a few reminders. Start by re-reading my piece in National Magazine about the bill. Individual content uploaders are not being regulated – only the platforms themselves. The CRTC is not going to takedown YouTube content, and it’s not going to regulate news. If it regulates Facebook, it’s not regulating the algorithm of timelines – it’s only regulating if Facebook is acting like a broadcaster of scripted content, or when they livestream baseball games (which they have done). The reason why YouTube as a platform, for example, is being targeted is because it is the largest music streaming platform in the world, and this is why they want to bring it into the ambit of CanCon regulations, governing both discoverability (so that the algorithm shows more Canadian artists in suggested playlists), and contributing financially to the system that helps provide grants and royalties for Canadian artists. People keep mentioning Instagram and TikTok, but they’re not really broadcasting platforms.

So how does the CRTC determine what counts as CanCon? Well, they have a formula that assigns points to it, and 6/10 or 8/10 points gets particular CanCon status. These are all determined by regulations under the Broadcasting Act. Remember that legislation is the framework and policy direction – the nitty-gritty rules get determined by regulation, and it follows a process of development that involves stakeholder engagement and consultation, and is done at the bureaucratic level. It’s not Cabinet pulling rules out of their asses, nor should it be. You don’t want Cabinet to be putting its thumb on the scale, which is why there is an arm’s length regulatory body, being the CRTC. And it’s not just the cabal of commissioners who are making these regulations either, in spite of what certain people are claiming.

https://twitter.com/G_Gallant/status/1395427604107300867

This brings me to my next point – the very notion that the CRTC is going to police the whole of social media is completely crackers on the face of it. They barely have enough resources to do their existing job (and if you listen to some of the reasoning around this week’s telecom decision, they seem to think they can’t handle doing the work of wholesale internet prices). If you think they’re going to somehow hire an army of bureaucrats to police your tweets, you should be certifiable.

Now, this isn’t to say that C-10 is without problems, because they are there. For one, the Broadcasting Act may be the wrong vehicle for this, as it was about regulating the limited bandwidth for TV and radio. It will be on platforms to adjust their algorithms to make CanCon more discoverable, which is going to be the high-level work, but there are particular concerns around meeting the objectives under the Act, which involve things like “safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada,” and whether these platforms will moderate content to try and fit those objectives, and that moderation will likely involve the use of AI, which is where we have particular concerns. And those are legitimate concerns, but they have nothing to do with the Orwellian picture being painted of moderated tweets, and newsfeeds being monkeyed with, or “takedown notices.” The level of complete hysteria around this bill, rooted in a complete ignorance of how regulatory bodies work – and a great deal of partisan disinformation – is making the debate around this bill utterly loony (at least in English Canada). Yes, it’s complicated, but don’t fall for easy narratives.

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Roundup: A flawed way to fix the CRA’s mistakes

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Remember the issue with self-employed Canadians applying for CERB, and being told they were eligible for gross income only to later be told that no, it was really net, and they may have to repay it? And then the government came to the realization that they were going to find themselves in serious trouble (such as a class action lawsuit) if they didn’t change course, and let those CERB payments go ahead? Well, for the people who made repayments, they can get that money back – but they have to apply for it. And that becomes the real trick.

With that in mind, here is Jennifer Robson raising some concerns with the whole thing, because CRA is not doing this very well. And that could be a problem for some of the people this is supposed to have been helping in the first place.

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