Roundup: Performative or procedurally correct?

The NDP held their first post-election caucus meeting yesterday, saying goodbye to departing MPs and welcoming their rookies and returning MPs, and when they met the press afterward, Jagmeet Singh announced that he is going to press for pharmacare and for the government to abandon their application for judicial review the Human Rights Tribunal compensation for First Nations youth. But there are problems with both – on the former, he is proposing the party’s first private members’ bill be taken up with the matter, and on the latter, the substantive problems with the Tribunal likely exceeding its statutory authority to make that kind of compensation order is kind of a big deal and as a lawyer, you would think he might have an appreciation for bad jurisprudence while still pushing for the government to go ahead with the compensation that they said they would honour. But you know, performative outrage.

Which brings me back to the notion of pharmacare legislation. The whole promise is built on both bad practice and bad procedure. Remember that when it comes to private members’ bills, they are allocated by lottery, meaning that it’s random as to who gets what slot, and Singh is not proposing as leader to take away the slot of the first NDP MP whose name comes up so that he can dictate what bill will be presented. That’s not only heavy-handed, but it actively removes the independence of that MP (which the NDP is used to doing while pretending they don’t, but let’s call a spade a spade). So much for any of the issues that MP cares about – the leader demanded their spot. The second and more important aspect is that private members’ bills can’t initiate government spending, and pharmacare is provincial jurisdiction, meaning that it’s depending on negotiating with premiers. The bill, essentially, is out of order, unless it becomes an exercise in demanding a national strategy, which the NDP love to do, but one of their MPs went on TV last night to say that they intend to use it to lay out the framework they want to implement. I can pretty much guarantee you that it means the bill will be dead on arrival, and that the committee that decides on what private members’ business is voteable will decide that it’s not. (The sponsor who was forced to give up their spot for this bill will then demand that the Commons vote to override the committee, and when they don’t, the NDP will wail and gnash their teeth that the Liberals don’t care about Pharmacare, which is a script so predictable it might as well be a Hallmark Channel Christmas movie).

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What the NDP could do instead is use their first Supply Day to debate a motion on Pharmacare, which would then have a vote and let them scream and moan if the Liberals don’t adopt it for the reason that they’ve already committed to the implementation plan in the Hopkins report (which the NDP decry as not being fast enough), but at least that would be procedurally sound. But their apologists have been telling me on Twitter that all private members’ bills are theatre and only exist to make a point (untrue), or that they could simply get a minister to agree to it in order to spend the funds (never going to happen), but hey, it’s a minority parliament so the NDP can pretend to dictate terms as though they actually had bargaining given the seat maths. It’s too bad that they can’t be both performative and procedurally correct.

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Roundup: Finding that Alberta voice

The questions about how prime minister Justin Trudeau will get Alberta and Saskatchewan voices into his reshuffled Cabinet continue to swirl about, and we’re already hearing some fairly crazy theories being bandied about – particularly that Calgary Mayor Naheed Nenshi is going to be tapped for Cabinet, either as an appointee to Cabinet who is not a parliamentarian, or as a Senator. Oh, but there aren’t any vacancies? Well, there is always the emergency provision in the Constitution that the Queen can appoint four or eight additional senators in order to break a deadlock, as Brian Mulroney did to pass the GST. Would this count as a deadlock? Probably not, and the Queen may privately warn Trudeau that this would likely be construed as an abuse of those powers for his political convenience.

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Naming senators to Cabinet is actually routine – in fact, the Leader of the Government in the Senate is supposed to be a Cabinet minister, and while Stephen Harper ended the practice in a fit of pique over the ClusterDuff Affair, needing to give himself more distance from the Senate; Justin Trudeau carried over the practice in his bid to make the Senate more “independent” while appointing Senator Peter Harder to the sham position of “government representative,” while Harder maintains the half-pregnant façade that he is both independent and represents the Cabinet to the Senate and vice-versa (which is bonkers). There should be no issue with Trudeau appointing one of the existing Alberta senators to Cabinet (more from David Moscrop here), or appointing someone to the existing vacancy in Saskatchewan (and Ralph Goodale has already said he has no interest in it).

As for the notion of appointing someone who is not a parliamentarian, the convention is generally that they will seek a seat at the earliest opportunity – usually a by-election to a relatively safe seat. Jean Chrétien did this with Stéphane Dion and Pierre Pettigrew, so there is recent enough precedent. The hitch is that there are no seats in Alberta or Saskatchewan that they could run someone in during a by-election, and the closest would be a promise to appoint someone to the Senate seat from Alberta that is due to become vacant in 2021 (lamenting that it will be the mandatory retirement of Senator Elaine McCoy). It’s not very politically saleable, however. Nevertheless, Trudeau has options, but some of them involve swallowing his pride. (I have a column on this coming out later today).

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Roundup: Costed platforms away

As we head into the Thanksgiving long weekend, Justin Trudeau kicked off the day in Ottawa with a rally about International Day of the Girl, before heading to Surrey BC to savage the Conservative platform release (more on that in a moment).

Jagmeet Singh was in Ottawa to unveil his platform’s costing (finally), and it was tepidly received in terms of grades from Kevin Page’s Institute for Fiscal Studies and Democracy. Much of it relies on new revenues that are highly uncertain, and some of their assumptions don’t really test the effect they would have on the broader economy, which could be a problem.

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Andrew Scheer headed out to Delta BC to release his party’s full platform and costing, and hoo boy is it chock full of cuts – though not the ones the Liberals are darkly warning about. That said, pushing back infrastructure spending loses momentum that was starting after funds allowed provinces and municipalities to do longer-term planning, and their talk of keeping the public service from growing and cutting via attrition while simultaneously pledging not to use outside contractors means that work clearly isn’t going to get done, and that will be a problem that they can’t just hand-wave away. Also, some of those cuts are basically a black box, and it would seem to play right into Trudeau’s hands when he can point to Doug Ford promising “efficiencies” in Ontario and promises not to fire anyone, and well, we’ve seen the opposite happen.

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Roundup: Get away from that hot, hot mess of a debate

The morning wasn’t quite as uneventful as one might have hoped – Justin Trudeau want to a school in Ottawa to talk about provincial cuts and how teachers feared federal ones, while Andrew Scheer announced that the Conservatives would make national museum admission free (which doesn’t really help with affordability, especially as most of these museums are in Ottawa), and that the RCMP Heritage site in Regina would be turned into another national museum. That said, he also took swipes about “political correctness” supposedly “erasing history,” which is false when there is a move to expand the historical record to include effaced minorities like Indigenous people. A few hours later, the Liberals held a press conference to point out that the Conservatives were planning a stunt during the debate to point to a website that would again recirculate the lie about a supposed “capital gains tax” on selling houses, which I will reiterate, is a lie. There is no such plan. That didn’t stop the Conservatives from sounding all-hands-on-deck over social media to circulate this lie over the remainder of the afternoon, and they even had a doctored version of the original recovered Liberal discussion document on their site to eliminate context (which they later had to remove to put the original up once they were called out on it).

And then came the Leaders Debate (not “Leaders’”), at a time slot too early for anyone west of Ontario to really get to watch it (likely so that the private networks didn’t have to unduly inconvenience their American programming). It was a gong show, where in order to accommodate six leaders, all of the exchanges were too short and the questions inconsistent, so most of the time the leaders focused on getting their canned lines out, to hell with the substance of it. And they all said misleading things. Maxime Bernier sucked up too much oxygen for someone who shouldn’t have been on the stage at all but was simply there to act as a spoiler. The whole way this was done, trying to please everyone, pleased absolutely no one, and we are all the poorer for it.

 

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Roundup: A corridor to nowhere

While the Liberals took the day off of the campaign, Andrew Scheer headed to Edmonton to campaign alongside Jason Kenney in Amarjeet Sohi’s riding, where Scheer reiterated his previously announced vision for a “trans-national energy corridor” which he imagines would create a right-of-way for all manner of pipelines across the country and they wouldn’t need to do additional environmental assessments on those projects or have jurisdictional challenges, or anything of the sort. Erm, except it’s going to involve expropriating a lot of land from private landowners (which is expensive and contrary to what Conservatives claim to stand for), and it will be long, complex, and expensive negotiations with the various First Nations and Inuit along those lands, because you can be assured that they will be asserting rights title over that territory. (For more, I wrote a column on this when the subject was first broached in May). It’s nice in theory, but practically has little chance of getting anywhere off the ground.

On the topic of Scheer, the Globe and Mail found that while he says that he was an “insurance broker” for six months in Saskatchewan as his private sector experience, he was never licenced and didn’t actually work as a broker. So that’s something.

Jagmeet Singh, meanwhile, was in Burnaby, BC, to promise $30 million in federal funds to reduce the cost of BC ferries. It’s worth noting that this was five days straight of campaigning in the vicinity of his riding, which could easily be interpreted as a sign that he’s worried about saving the seats he has in the area.

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Roundup: Capitalizing on the climate strikes – or not

It was a slightly less ridiculous day on the election campaign for a change, and first up of the day was Jagmeet Singh was in Ladysmith, BC, to announce that he would spend $40 million to protect the coast line, which includes protecting salmon stocks and clearing derelict vessels, as well as cancelling Trans Mountain and stopping that tanker traffic. He then went to the climate strike march in Victoria.

In Montreal, in advance of the Climate Strike, Justin Trudeau met with Greta Thunberg before announcing that he would ensure that two billion trees would be planted over the next decade, which would also create 3500 seasonal jobs (and it includes urban forests), and it would be paid for by the profits of the Trans Mountain pipeline.

Andrew Scheer went to Coquitlam, BC, to announce more infrastructure plans for roads and bridges, cancelling the Infrastructure Bank calling it a “boondoggle” (reminder: These kinds of things take time to get up and running, and they did more than the Conservatives’ P3 Canada in its entire existence). Of course, on a day where everyone else was focused on climate change because of the strikes and protests, Scheer was pushing for more traffic infrastructure, and had the utter gall to say that it would help reduce pollution because people wouldn’t be in traffic as long. This of course is completely wrong, because traffic fills the available volume – it would create more traffic, and higher emissions (and congestion would be just as bad within a short period of time).

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Roundup: Trying to draw in the Supreme Court

If this election could get any stupider, it did yesterday. Justin Trudeau started the day off in Sudbury, and after arriving by canoe, he promised not only to further expand the areas of land and waters that are protected areas as part of ongoing roll-out of green policies in advance of today’s “climate strike” rally, Trudeau also promised an expansion of the “learn to camp” programme, including bursaries of up to $2000 for low-income families. As someone who hates camping, this is borderline offensive – but it’s also one of the whitest of white people policies in the book. (Seriously – ask a person of colour how they feel about camping). I get that the idea is that it promotes connecting people with nature and the importance of conservation, but this was probably one of the dumbest campaign promises to date.

Andrew Scheer was not much better. From Trudeau’s riding of Papineau in Montréal, Scheer tapped into the Trumpian “Lock Her Up!” mentality by promising not only a judicial inquiry into the Double-Hyphen Affair, but also to pass a cartoonishly named No More Cover-Ups Act, which would empower the RCMP to go directly to the Supreme Court of Canada for access to Cabinet documents – all of it predicated on the lie that the RCMP are investigating the PMO (they’re not) and that they can’t get access to documents (because the Clerk of the Privy Council said no to a fishing expedition). It’s all very gross and unseemly. Not only do we not demand that the police investigate our political rivals (this isn’t a banana republic, and if the Liberals lose, then they will have faced political consequences for the Affair), but politicising judicial inquiries is a Very Bad Thing. Dragging the Supreme Court into one’s political vendettas is even worse (and I have a column on that very topic coming out later today about that very issue).

As for Jagmeet Singh, he was in Campbell River, BC to reiterate his promise to build half a million housing units, but to also flesh out his promise for income supports of up to $5000 per year for low-income renters. But again, this is provincial jurisdiction so the rental income supports will have to be a carefully designed policy, while he has yet to explain how he’ll rapidly build all of this social housing when the cities where it’s most needed are very tight labour markets, which means there likely aren’t enough construction workers to do the job, and that will drive up the costs of building these units by a lot. (Singh also completely mischaracterised the output-based system on carbon pricing as part of his trying to downplay the current government’s record, because he’s doing politics differently).

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Roundup: Sweetening the newborn benefits

It was another day of promises to families with young children, of course, and Justin Trudeau was out first this morning from St. John’s, Newfoundland and Labrador, to promise a more comprehensive package of benefits for the families of newborns – additional Canada Child Benefit payments, making maternity benefits actually tax free by removing the taxation at source as opposed to a non-refundable tax credit, and additional weeks of parental leave for adoptive parents. While most of the media stories didn’t really touch on it, the enhanced CCB payouts in the first month of a child’s life is approaching a basic minimum income for parents, as it doesn’t rely on EI benefits (which don’t apply for those who are self-employed or who weren’t working). While there are still a few questions about implementation (explained in this thread by Lindsay Tedds), most seem to agree that the Liberal plan is far more useful to parents than the one the Conservatives announced earlier.

Andrew Scheer was in Winnipeg, where he announced a promise to enhance the Registered Education Savings Plan benefits for those in lower income brackets, but it remains a fact that this is another promise that disproportionately benefits wealthier households, and does nothing for those who can’t afford to contribute to these RESPs. (Here’s a thread from Jennifer Robson on the efficacy of RESPs for low-income Canadians). Scheer also accused Trudeau of stealing his parental benefits idea and that he voted against it before and announced it now – but the Liberal plan is very different from the one Scheer proposed. (Here’s another thread from Robson comparing the Conservative and Liberal promises). Scheer also accused the Liberals of not being transparent about the costs of their promises, but Trudeau had already stated that a PBO-costing of them would becoming out once the whole platform is announced (which may provide a more holistic picture of their promises rather than them coming out piecemeal like the Conservatives are doing).

For Jagmeet Singh, he was in Ottawa to re-announce his party’s promise to build half a million new affordable housing units – but wouldn’t say how they would do it, which is kind of a big deal because the places where affordable housing is most acute are areas with either full employment or labour shortages, which is kind of a big deal if they want to get it built affordably.

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Roundup: Childcare and competing mistruths

It was a crazy-pants day on the campaign, so here we go. Justin Trudeau was out the door first today in Kitchener–Waterloo, with a pledge to create more before-and-after school care spaces for children, which will also involve the creation of a secretariat to do the negotiating with the provinces and lay the groundwork for a pan-Canadian childcare system (which won’t need to include Quebec, given that they already have their system). The pledge was also to reduce the fees parents are currently paying for before-and-after school care by ten percent, so we’ll see how that works out logistically and procedurally. There is an argument to be made here that ensuring this kind of care means more parents – and especially women (and Trudeau made this point in his announcement, showcasing that gender-based analysis was part of it) can re-enter and remain in the workforce. Given the state of our labour pool in this country – essentially at full employment – it is incumbent to ensure that we have the maximum rate of participation by women and minorities so that they can fill those labour shortages. (More thoughts on the announcement in this thread from Lindsay Tedds).

Jagmeet Singh’s big announcement in Longueuil, Quebec, was a “star candidate” – very loosely defined – who was a one-time provincial Green leader in Quebec who is now running for the NDP, against Pierre Nantel, the NDP MP who crossed to the Greens (and the riding is that the “star” very badly lost in many years ago). Apparently, there is now a tit-for-tat battle with the Greens as to who crossed the floor to whom, because that’s helpful.

Elizabeth May launched her party’s full platform, which they claim is “fully costed” – err, except that costing won’t be released for several days. Economists are already picking holes in the promises, particularly the promise for a guaranteed livable income (thread here).

Andrew Scheer was in Kelowna, BC, framing the election as the life you want being in reach or getting further out of reach, and after his tirades about Justin Trudeau and his laundry list of mistruths about the state of the deficit and the carbon price and he announced his plan to restore yet more tax credits, this time for children’s sports and arts programmes, and unlike under Harper, these tax credits would be refundable, so that even low-income families who don’t pay taxes will be able to benefit. When asked about how he could afford these plans, he said that his path to balance was over a five-year time period, and then he proffered a fantasy version of Energy East (who cares about economics), and claimed his climate plan was the only “real” one (verifiably untrue). Most unbelievable was that, when pressed about false statements that he and his candidates were making about Liberal plans, he went on a tirade about how Justin Trudeau lied, so it was fair for him to keep promulgating these false statements.

And then, suddenly, Scheer drops an allegation that Justin Trudeau had drinks with Faith Goldy and he wanted answers on that. The Liberals responded shortly thereafter with a blanket denial, but if this election is going to be fought over who was in the same room as Faith Goldy, it’s going to be a long five weeks.

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Roundup: Reviving a failed tax credit

Day three of the campaign, and in the post-debate glow, there was some damage control on a part of a couple of leaders. Justin Trudeau was in Trois-Rivières, Quebec, to promise new measures to help small business, including the “swipe fees” that those businesses are charged for transactions.

Andrew Scheer was in the GTA, and he announced his plan to revive the Harper-era transit tax credit, but to rebrand it as “Green.” The problem, of course, was that it’s a nigh useless measure that disproportionately benefits the wealthy. (Fact check here to show that Scheer’s rhetoric is misleading, plus a thread from economist Lindsay Tedds). He also had to defend himself and do damage control over his meltdown during the debate on Indigenous issues and his contention that they hold major projects “hostage,” but he nevertheless refused to back down from the basic contention even if he tried to say that he didn’t mean to use those exact words. So that’s something.

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Jagmeet Singh was in downtown Toronto to promise to cap cellphone bills – a policy that has no actual specifics as to how he would do it and what the impacts would be – before giving a speech to the Canadian Club to tell them that if he forms government, it won’t be “business as usual” in Ottawa.

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