Roundup: Anger over vilified legislation? Shocking!

Over on the Financial Post’s op-ed pages, Senator Richard Neufeld worries about all of the angry Canadians the Senate’s energy committee is hearing from over Bill C-69. I have no doubt that they are hearing from angry people, because there has been a massive disinformation campaign around this bill from the start. The Conservatives and their provincial counterparts in Alberta have dubbed it the “no more pipelines” bill, even though it’s nothing of the sort. Neufeld worries that the bill means that we can never have any more major projects in this country, which is absurd on the face of it, but hey, there are narratives to uphold.

I’ve talked to a lot of environmental lawyers about this bill, and the potential amendments that it could merit. It is certainly not a bill without flaws, and the government seems to have acknowledged that (and apparently there is some kind of gamesmanship being played right now, where the government has a list of amendments they want to introduce at the Senate committee via one of their proxies but they won’t release them ahead of time for some reason). This having been said, there seems to be no acknowledgment of a few realities – that the current system that the Harper government put into place isn’t working and has only wound up with litigation; that we simply can’t bully through projects past Indigenous communities anymore, because Section 35 rights mean something; and that the bill sought to eliminate a lot of heavy lifting by putting more consultation on the front end so that projects could be better scoped, and that it would mean not needing to produce boxes of documents that nobody ever reads in order to check boxes off of lists as part of the assessment process. This is not a bad thing.

But like I said, there are problems with the bill, and Neufeld lists a few of them in passing while trading in more of the myths and disinformation around it. But so long as that disinformation campaign goes unchallenged – and this includes by ministers who can only speak in talking points and can’t communicate their way out of a wet paper bag because they’re too assured of their own virtues that they don’t feel the need to dismantle a campaign of lies – then the anger will carry on, and when this bill passes in some amended form (and it’s likely it will), then it will simply become another propaganda tool, which should be concerning to everyone – including those who are weaponizing it, because it will blow up in their faces.

Continue reading

Roundup: Closer examinations of Canadian populism

The topic of populism has been coming up a lot lately, in a variety of contexts, and there were a couple of interesting discussions around it in the Canadian context over the past couple of days. One is an examination by Frank Graves and Michael Valpy that looks at some of the demographic factors in Canadian populist sentiment, and digs out some interesting things like broader support among male millennials, and even some immigrant communities (though I would note that it’s not that difficult to get immigrant communities to turn against other newcomers – particularly asylum seekers – a technique that Jason Kenney tried very hard to exploit when he was federal immigration minister. The piece is worth digging into, and I had to read it a good two or three times before I started to appreciate a lot of what was contained within.

Another interesting piece was a look at the construction of Alberta conservatism, which goes beyond fiscal and social conservatism – indeed, when polled on values, much of the province actually skews toward fairly centrist values – and yet they disproportionately gravitate toward conservative parties out of a sense of brand identity, which is particularly curious, though one should note that political parties have been losing their ideological bases in favour of left-and-right flavoured populism over the past number of years. And populism is very much a factor in the Alberta voting populace, as the examination shows, which includes the distinction of populism as something that appeals to the “pure” homogeneity of a “people.”

To that end, here’s a good thread that digs into what sets populism apart from democracy, and why it’s something we need to pay attention to as this becomes an increasingly important part of the Canadian discourse.

Continue reading

Roundup: An oil conundrum

There’s an interesting conundrum happening in Alberta, where the premier and industry leaders are talking about production cuts owing to the supply glut and lack of refining capacity in the US being responsible for near-record lows for Canadian exports. The problem of course is whether the premier should use powers that haven’t been exercised since the days of Peter Lougheed, or if oil companies should voluntarily reduce their own production – and if they do, does this constitute price-fixing? There isn’t any easy solution to any of this, and it’s not just build more pipelines – they would only need to be pipelines to tidewater in order to find markets not hampered by the current refining shutdowns in the US, and that are prepared to take heavy oil and diluted bitumen. It’s also a bit on the unfair side to say that it’s simply “regulatory and political” challenges – as we’ve seen from successive court decisions is that attempts to take shortcuts and to weasel out of obligations is what’s causing delays and to have permits revoked. In other words, part of the problem is self-inflicted, and they try to hand-wave around it by crying “national interest” as though that makes it better.

Here’s a lengthy but good explanatory thread from Josh Wingrove, and it’s well worth paying attention to, because there’s a lot of demagoguery floating around about the issue, and it pays to be informed about why prices are low, and why it’s not something you can wave a magic wand to fix.

https://twitter.com/josh_wingrove/status/1062817943812218894

Continue reading

Roundup: Getting the TPP to the finish line

The bill to enact the Trans Pacific Partnership has passed the House of Commons and arrived in the Senate, and the race is on for its swift passage, as there is a desire for Canada to be among one of the first six countries to ratify the deal (currently three others have ratified). In the Commons, the NDP were the prime opponents to the deal, but they’re not a force in the Senate. The Conservatives in the Senate are just as keen on its swift passage as their Commons counterparts were – and they tried on more than one occasion to pass the bill at all stages without debate (because hey, who needs to do the job of scrutinising bills and holding government to account?)

While we can expect a bit more scrutiny in the Senate, I have to wonder where any delays will come from. When it comes to the Independents, one of their own are sponsoring the bill, so he will likely lead a push within that caucus in the way of organising briefings and trying to muster votes, so it would largely be an issue of whether any of them want some particular extended study on issues in the bill. The Senate Liberals tend to be free-traders, but they will want to insist on some scrutiny, as is their forte – they can often be counted on to do some of the heavy lifting that MPs are unwilling to do. So while I don’t expect them to hold up the bill, I would expect them to do their due diligence, which means it won’t sail right through, though I wouldn’t expect it to take long.

So where would I expect any delays to happen with this bill? With the Leader of the Government in the Senate’s office, given his reluctance to do any negotiation of timelines for bill passage. If there’s to be any delays, I personally would expect them to come from bottlenecks of other bills that are languishing because they can’t manage to get them passed at a reasonable pace because nobody wants to do the actual negotiation of timelines. Delays will come from incompetence, rather than malice. We’ll have to see how severe it will be, but that seems to be the state of things in the Senate these days.

Continue reading

Roundup: Secret document demands

The saga of Vice Admiral Mark Norman’s trial is making its way to the floor of the House of Commons, as Norman’s defence team has been trying to suggest that Brison tried to play a part in delaying the Davie Shipyard contract on behalf of his friends in the Irving family. Brison, meanwhile, tried to fend off the attacks in QP by suggesting that he did his due diligence as Treasury Board president to question the sole-source contract that the previous government entered into on the eve of the election.

Where this gets even more interesting, however, is with the suggestions in the documents that Norman’s team filed, was that senior bureaucrats tried to scuttle the deal because it could interfere with the established National Shipbuilding Programme, which everyone was so enormously proud of, and from there, Norman tipped off Davie officials, which was eventually leaked to the CBC. Added to that, Norman’s team are demanding a number of documents that have been deemed to be Cabinet confidence, which creates added complications because those are secret and could demand all new levels of safeguards for the court process if they are to be turned over. Trying to make political hay out of the government turning over the documents or not could be fraught with future consequences, however, for any future government that wants to protect secret materials from a court process, and given the growing propensity for people to turn to the courts when they lose at politics, that possibility could come sooner than one might expect. Nevertheless, this is an interesting case to keep an eye on, if only to shine a light on how broken our country’s procurement processes really are.

Continue reading

Roundup: Carbon tax opportunism

The latest round of carbon tax drama has the Conservatives drunk with glee, as Manitoba premier Brian Pallister’s decision to scrap his own carbon tax plans has them thinking that they now have a national momentum against carbon taxes. It’s not likely to be that simple – and they may find out that it may blow up in their faces. Pallister says he changed his mind about it after meeting with Trudeau, and found Trudeau intransigent on letting Manitoba keep their tax at a flat $25/tonne when everyone’s else was ramping up to $50/tonne, which sounds like a no-brainer – you want a consistent carbon price across the country to prevent leakage and to keep a level playing field. (Pallister also claims that their plan was so comprehensive, but in interviews would point to things like remediating mines and recycling programmes, which are not about addressing climate change, and his deliberate misinformation should be called out as such). But it also smacks of opportunism, given that small-c conservatives across the country are taking the election of Doug Ford in Ontario as some sign that there is an uprising against carbon taxes when that was very likely not the cause of his election, but rather it was the impetus for change from the province’s tired Liberal government. Overreading Ford’s “mandate,” if we’re going to use that word, is dangerous for them to do. Meanwhile, Ford was yukking it up with Saskatchewan premier Scott Moe in their insulting the federal carbon tax, each believing their mutual court challenges are going to go somewhere (they’re likely not), and Ford would say things like a carbon tax is the worst thing in the world and will do nothing for the environment – complete falsehoods, and all he has to do is look at BC to show the complete opposite.

The federal government, meanwhile, hasn’t been terribly eloquent in their response, on the one hand decrying Pallister’s “flip flop” and worrying that conservatives want pollution to be free, while also pointing out that when the federal backstop comes in, people will be getting cheques in the mail. And that’s going to be the Achilles heel of the federal Conservatives’ belief that the country is going to rise up against carbon taxes. They keep pushing the narrative that it’s a tax grab to feed the Liberals’ “out of control spending” when it’s in the enabling legislation for the carbon tax that the funds will be rebated. But the government hasn’t been eloquent – and has been barely competent – when it comes to any kind of messaging on this file, and that’s the part that will probably hurt them the most, and it’ll be a self-inflicted wound, which makes you just shake your head watching it all go down.

Continue reading

Roundup: Offering justifications for the indefensible

The attempts by conservatives, both provincial and federal, to justify the use of the Notwithstanding Clause is in full swing, and it’s a bit fascinating to watch the intellectual contortions that they will go through in order to justify a) the abuse of process for Bill 5 in the first place, b) the need to ram it through during the middle of the election itself in order to interfere, and c) why they need to go to the mat and use the nuclear option in order to help Ford enact petty revenge. One of Ford’s MPPs wrote up her legal analysis, which is more than Ford or his attorney general have bothered to do, but it still didn’t explain the need for haste when an appeal of the lower court decision would have been the proper way to go about disputing its reasoning. Ford’s MPPs would go on TV and throw around the word “elites” as though that justifies the nuclear option, which, again, doesn’t actually constitute a proper reason for employing said nuclear option. Andrew Scheer, meanwhile, is falling back on the technicality that Ford’s using the Clause is “within the law” because municipalities are under provincial jurisdiction, which is beside the point – the point being that Ford is violating the norms of our democratic system for his own personal ends, and not calling out that violation of norms is troubling.

Even more troubling was that during yesterday’s raucous Question Period in Queen’s Park, Ford stated that we don’t need the Charter because people elected him – all of which just continues his particular inability to discern between popular rule and democracy. Popular rule is justifying breaking rules and norms because you got elected – democracy is those rules and norms that keeps power in check. That he can’t grasp the difference should be alarming.

The LeBlanc Report

The Conflict of Interest and Ethics Commissioner issued his report yesterday on whether Dominic LeBlanc violated ethics rules regarding the awarding of the Arctic surf clam fishery to a company that was headed (on an interim basis) by his wife’s cousin – the context is that he’s one of sixty first cousins, and his relationship with LeBlanc is at best described as an acquaintance. Reading through the report, it hinges upon the Commissioner reading the definition of family much more expansively than it is interpreted elsewhere in the very same regime, which is how LeBlanc interpreted it. LeBlanc took responsibility, vowed to do better in the future, but that hasn’t stopped the opposition from taking the usual route of wailing and gnashing of teeth to decry just how unethical this government is.

In the demonstrable instances, however, the ethics violations have been pretty small ball (i.e. Bill Morneau not properly reporting the ownership structure of the French villa he disclosed), or legitimate differences of opinion on relationships (whether the Aga Khan was a family friend in Trudeau’s case, or the closeness of the relationship between LeBlanc and his wife’s cousin in this case). These are not instances of influence being peddled, people being unjustly enriched (and I know people will quibble about the Bell Island vacation, but the Aga Khan is not some tycoon looking to increase his corporate holdings by way of government connections), so perhaps a bit of perspective is warranted. Should Trudeau and LeBlanc have cleared things with the Commissioner beforehand? Absolutely. But this performative outrage we’re seeing will only get you so far, and railing that there have been no consequences beyond naming-and-shaming means little considering that it was the Conservatives and NDP who designed this ethics regime back in 2006, and they could have designed a more robust system them – or at any point that it’s come up for statutory review – and they haven’t.

Continue reading

Roundup: Negotiations and narratives

It was another day of NAFTA developments, or rather the hints thereof, since Chrystia Freeland repeatedly said that they weren’t going to negotiate in public – just that they were making progress, and that they would go all night if they had to. Justin Trudeau said that they could reach a deal by Friday, but kept insisting that Supply Management would not be given up, and on the campaign trail in Quebec, Premier Philippe Couillard warned of “serious political consequences” if it was touched. Trudeau, meanwhile, will have a call with all of the premiers today in order to discuss what’s going down with the deal, so it may actually be getting close. Maybe. Of course, the Friday deadline appears to be more bluster, so we’ll see how it all plays out.

Meanwhile, closer to home, the Conservatives have tried to ramp up their narrative, and are insisting that all of the talk about the Canadians having been “sidelined” in NAFTA talks, and that we were now cornered into accepting a bad deal was indicative that Trudeau had “failed” – somehow, based on no information on mostly Trump talking points that don’t match reality.

You’ll notice a couple of things – one is that the “Trudeau” + “failed” in every tweet is part of their overall ham-fisted narrative-building strategy, and I’d imagine that every time they deploy it, campaign director Hamish Marshall gives them a cookie. Scheer is also going to town on this line from his convention speech about needing to be the “grown-ups in charge” again, which is tough to swallow given how little foreign policy depth their bench actually has, or even had in the previous government. And while there is room for the opposition to critique a government’s performance and holding them to account, coming up with false narratives, snide commentary, and shitposts in the middle of trade negotiations don’t exactly scream “grown-ups in charge.” And speaking of false narratives, the data show that the Conservative doomsaying about investment fleeing the Canadian economy isn’t holding water. Shocking, I know.

Continue reading

Roundup: Mandate letter madness

Yesterday was the big day that the mandate letters for the new cabinet minister were finally released, and the Cabinet committees got a bit shake-up. You can get an overview of the letters here, and some deeper analysis on what’s being asked of Jim Carr in international trade, Dominic LeBlanc in intergovernmental affairs, and Jonathan Wilkinson in fisheries. Reading through the letters, however, I found that almost all of the new letters – either with established ministries or with the new ones that they are establishing – were all giving them specific direction on which other ministers they should be working with to achieve specific goals. Very few of them were goals that they were to pursue on their own, which I find to be very curious from a governance perspective.

The big question mark remains around Bill Blair and just what he’s supposed to do as Minister of Looking Tough on Stuff – err, “border security and organized crime reduction.” We got no insight as to whether he has any actual operational control over a department or an agency like CBSA. Rather, his list of goals included looking at a ban on handguns and assault rifles as part of the existing Bill C-71, and that as part of his duties in relation to the border, he should have discussions with the Americans about the Safe Third Country agreement, but it was all rather vague. (There was also some talk about opioid smuggling as part of his border security duties, for what it’s worth). Nevertheless, it was another one of those letters that was focused on which other ministers he’s supposed to be working with as opposed to providing oversight of a ministry, which I find weird and a bit unsettling as to what this means for how the machinery of government works under Trudeau.

Meanwhile, the number of Cabinet committees was reduced, and some of the files that certain of these committees were overseeing got shuffled around. We’ll see how this affects governance, but it’s all a peek into the sausage-making of governance (which, it bears reminding, that the Ford government in Ontario refuses to give any insight into as he refuses to release his own ministers’ mandate letters).

Continue reading

Roundup: Bernier’s dog whistles

While we’re on the topic of bozo eruptions, we got another one from Maxime Bernier over Twitter on Sunday evening, railing about Justin Trudeau’s declaration that diversity is our strength. While I won’t reproduce all of Bernier’s feed, some of the commentary around it has been interesting, and in particular, just what kinds of dog whistles and language that Bernier employs in his language – and likely not a coincidence that this happened on a day of counter-protests to white supremacists in the United States. Also worth noting that his tweets were in rapid succession and in both official languages, which indicates that they were premeditated and not spur of the moment, and that does mean something as well.

https://twitter.com/EmmMacfarlane/status/1028812175673094146

https://twitter.com/StephanieCarvin/status/1028834166849368064

I might be willing to suspend enough disbelief around Bernier to suppose that he’s really not all that bright and that he really doesn’t know what he’s doing when he tweets stuff like this, but the people who surrounded him in his leadership campaign absolutely knew what they were doing when they tweeted things like red pill memes, and one presumes that they’re still in Bernier’s orbit. But Bernier has consistently demonstrated that he doesn’t have particularly adept political sensibilities (witness his ejection from shadow cabinet), and the fact that he went from going to Pride parades during his leadership campaign to insist that his libertarian values meant that he valued freedom over social conservatism, to becoming a Jordan Peterson convert who was paranoid about “enforced speech” and the bogus fears about being jailed for mis-gendering someone. But as is pointed out below, we are two weeks away from the Conservative policy convention, and it’s possible that this dog whistling is also about Bernier trying to gather support to oppose Scheer in some capacity or other.

Michelle Rempel also put out a tweet thread in response (which again, I’m not going to repeat), and some of the points she made seemed to be refuting Bernier, but at the same time, she makes her own coded appeals about planned migration and the language of pitting groups of newcomers against each other, in very Jason Kenney-esque ways.

Ultimately, however, we are back to the notion of where the adult supervision is with this party, and we recall the reasons why Harper put the party into communications lockdown – before they won in 2006, they went into lockdown because the 2004 election saw them lose because of precisely these kinds of bozo eruptions from the likes of Cheryl Gallant and others. And the strict message discipline seemed to work, but it causes as many problems as it solves (not to mention it’s terrible for democracy). But with this kind of tire fire over the past couple of weeks, you have to imagine that Scheer, whose own Twitter strategy is a lot of lies, obfuscation, narrative building and populist memes, is all for this kind of air war that he thinks will rile the base in ways that appear to have worked for both Trump and Ford. Maybe this kind of “shitposting” (as it is colloquially known) is the message discipline, in which case, we’re probably all doomed.

https://twitter.com/aradwanski/status/1028816033610575872

https://twitter.com/aradwanski/status/1028816045262307328

https://twitter.com/InklessPW/status/1028416748331126785

Continue reading