Tag Archives: Dominic LeBlanc

Roundup: Frank dialogue and tone-deaf pronouncements

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The Conservatives had their big post-election caucus meeting, and to the surprise of absolutely nobody, they voted not to enact the provisions of the (garbage) Reform Act that would give caucus the ability to turf their leader and force a new leadership contest – predictably under the rubric of empowering the “grassroots,” which as was explained in yesterday’s post, does the complete opposite. As this is going on, Angus Reid had a poll of Conservative voters that showed them particularly split on whether they want Scheer to stay or go (42 percent go, 41 percent stay, 17 percent undecided), so that could be an indication that their own base is leaning toward dumping him at their leadership review in April – especially as the convention will be in Toronto, an area where the party was shut out, and they may be more motivated to punish him for it.

As for Scheer, he arrived at his planned press conference three hours late because the meeting kept going, and it makes one wonder if the “frank discussion” going on inside were to blame – it’s possible there was an airing of the grievances happening, particularly for those who lost their seats. It didn’t seem to daunt Scheer, however, because when he arrived at the microphones, he essentially repeated his stump speech from the campaign. Sure, he said that “no one was more disappointed than me,” but he offered no signs of humility in defeat. When asked about the failure of his climate plan, Scheer said that they simply didn’t communicate it clearly enough rather than admit that it transparently wasn’t an actual climate plan (and his own senators have publicly clocked him on this fact). When asked if he thinks homosexuality is a sin, he prevaricated – again – and forcefully stated that he will defend people’s rights, which shows that he hasn’t learned anything from the campaign about his evasiveness.

Meanwhile, Matt Gurney makes the point that the party isn’t listening to what people in the GTA have been trying to tell them about what will and won’t fly there if they want to win seats there ever again, and are being told to “calm down” in response – which could spell trouble for Scheer.

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Roundup: It’s a Liberal-led minority

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A hung parliament is not a big surprise, with the Liberals remaining in power, but the seat math is perhaps a bit closer than some had anticipated. The Conservatives only gained a handful of seats, and probably not enough for Andrew Scheer to quell any discontent that will start bubbling up in the ranks after such an uninspiring campaign. The NDP have lost almost half of their seats, meaning all the supposed “momentum” and the “upriSingh” that they kept touting didn’t translate into votes – but that’s what happens when you don’t have the organization capable of mobilizing your votes. The Greens only picked up an extra seat (at the time of this writing), one in Fredericton, where they had provincial strength, but it was certainly not the “Green wave” that they kept boasting about (not a surprise there either). The Bloc is now the third party in the Commons, meaning they’ll have a bigger role to play on committees – something they used to be very good at, once upon a time – but we’ll also see if any of the other parties will start to cope with the “new” block that is far more about Quebec nationalism than it is sovereignty, and that they are the federal voice of François Legault. And Maxime Bernier has lost his seat, so hopefully the fan club that he masqueraded as a party will dissolve entirely rather than solidify into a far-right movement.

To that end, Jack Harris won for the NDP in St. John’s, and he was a good MP in previous parliaments, so he’ll have to carry a lot of weight now that their ranks are diminished. Ralph Goodale was defeated in Saskatchewan, which is a huge loss of capacity for the Cabinet, because he did so much of the heavy lifting. The Liberals lost their Alberta seats, Amarjeet Sohi losing to Tim Uppal, who lives in Ottawa and has no plans to move back to the riding; Kent Hehr also losing the only Liberal seat in Calgary. Also, Lisa Raitt lost her seat to Adam van Koeverden, which will also hurt the Conservatives.

Trudeau’s loss of representation in the West is going to be a big problem for him, particularly because he ejected all of his senators from his caucus, and it was not unheard of for the Liberals to fill in the gaps in their representation with their Senators, and now they don’t have that. People have suggested that maybe Trudeau could appoint Goodale to the Senate in order to fill that gap (and there is a vacant Senate seat from Saskatchewan), but that will involve him eating a whole lot of crow, and possibly forcing him to rethink some of his ham-fisted moves around the Senate. It’s possible, but I’m not hopeful for that change of heart. But now we’re going to get a bunch of really bad hot takes about Alberta talking about separation or other such ridiculous nonsense, because Jason Kenney still has his punching bag and scapegoat.

https://twitter.com/maxfawcett/status/1186353921800863744

And now we’re already getting a lot of really dumb hot takes on hung parliaments, with ridiculous statements like “Canadians voted for a minority,” which no, they did not do, and “Canadians are forcing cooperation because they couldn’t get proportional representation,” which again is not how this goes. As for the seat math, because the Liberals are so close to majority territory, it means that they are unlikely to have to form any kind of form agreement with any other party, but will be able to cobble together votes on an issue-by-issue basis, which makes all of the talk about red-lines and demands beforehand kind of dumb (as I pointed out in this column).

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Roundup: Sensation over nuance

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The big headline over CBC yesterday was that five of the six most recent federal judicial appointments in the province of New Brunswick all had some kind of ties to Dominic LeBlanc – never mind how tenuous those ties were. This of course led a bunch of Conservative apologists to compare this with the Dean French/Doug Ford situation in Ontario, which is absurd given that judicial appointments have a more rigorous merit-based system around them (more rigorous than it was under the Conservative era), and many of the French/Ford appointments had to do with whether someone was connected to French by family or lacrosse, many with no obvious competences in the roles they were appointed to. The Conservatives also declared that this was somehow related to both Loblaws winning a competition around fridge refits (no, seriously), and that this was reminiscent of the Arctic surf clam contract that LeBlanc was involved in wherein the definition of “family” used by the Ethics Commissioner differed from that in other statutes. (Not mentioned was the time when the Conservatives appointed most of Peter MacKay’s wedding party to the bench in Nova Scotia).

Reading deeper into this story, I found that some of the connections that were being highlighted were a bit dubious. The most dubious was the fact that one of the judges named was not actually someone that was recently named, but rather promoted to the Chief Justice of province’s Court of Appeal by Trudeau, though she was originally a Conservative donor and had been first named to the Bench by Harper. The fact that she bought a property from LeBlanc next to his summer cottage was deemed to be curious in this. Likewise the fact that two of them were part of a group that paid off LeBlanc’s leadership campaign debts a decade ago (each would have donated a few hundred dollars) is a pretty dubious link between them. The only one that might raise eyebrows is the fact that one of the five is married to LeBlanc’s brother-in-law…but even then, at what point do we start disqualifying someone whose relation is by marriage twice-removed?

The other bit of nuance that we can’t forget here is that New Brunswick is a very small province with a very small population, and legal circles in a province like that would be very tight – especially when you consider that the provincial political culture is far more nepotistic than the federal culture is. While the CBC piece cites a paper that says that people with political connections get judicial appointments at a rate double that in other parts of the country, but one has to remember that it can be harder to avoid, which is why fighting nepotism in those places can be much harder. And this is the point where people will bring up the fact that Jody Wilson-Raybould objected to the fact that names that were short-listed needed to be sent to PMO for vetting by the Liberals’ database, but again, it needs to be stressed that they need to go through all sources to check for red flags because the prime minister is politically accountable for those appointments. It’s called Responsible Government. Does that mean that these five appointments didn’t have some influence from LeBlanc tapping the justice minister and saying he wanted them appointed? Anything is possible, but it’s unlikely given the vetting process and the fact that most of these connections are tenuous at best. But it’s also regrettable that this kind of journalism strives for sensationalism and an attempt at being gotcha than it is with nuance.

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Roundup: Anger over vilified legislation? Shocking!

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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.

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Roundup: Closer examinations of Canadian populism

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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.

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Roundup: An oil conundrum

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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

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Roundup: Getting the TPP to the finish line

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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.

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Roundup: Secret document demands

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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.

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Roundup: Carbon tax opportunism

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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.

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Roundup: Offering justifications for the indefensible

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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.

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