Roundup: Paul’s disqualifying blunder

It was not a good day for civic literacy or basic constitutional knowledge on the campaign trail, as Green Party leader Annamie Paul suggested that the Governor General “reinvoke” Parliament to hold an emergency debate on the situation in Afghanistan, and worse, cited a section out of the Emergencies Act to make it happen, and my head nearly exploded from the sheer stupidity of it all.

First of all, and this is crucial – the Governor General does not have that power. She has already dissolved Parliament. She can’t un-dissolve it with the stroke of a pen, and there is no mechanism to “reinvoke” Parliament, not even under the Emergencies Act. Parliament has been dissolved. There is nothing to recall in order to hold a debate, which again, is a useless gesture in the current situation. The most that would happen is that MPs would read speeches into the record for about five hours, and that’s it. Paul is perfectly welcome to read a twenty-minute speech to the media if she so chooses, and it would have exactly the same effect as an “emergency debate” would in the House of Commons (and I do use the term loosely). More to the fact, this is not a situation for which the Emergencies Act could be invoked, because it is not a national emergency in any shape or form. Additionally, the section she cites says that Parliament needs to be recalled at its earliest opportunity, even if it’s been dissolved – in which case it means as soon as there’s a new parliament that can be convened.

https://twitter.com/EmmMacfarlane/status/1427347519751720965

The fact that we have another party leader who is just pulling this out of her ass is bad enough, but she’s also a lawyer and should know better (and this goes doubly for Jagmeet Singh, as he too is a lawyer, and has been inventing powers for the Governor General). The fact that you can’t recall a dissolved Parliament is basic civics – and the fact that she doesn’t know this and is trying to issue demands to the Governor General should be disqualifying. It’s a complete embarrassment – but you wouldn’t know it if you watched the CBC, who glossed over the whole incident and didn’t mention it during their roundup of the day’s speeches. (We had other reporters covering themselves in glory today by asking the prime minister who was in charge during the election. No, seriously). An utter farce all around. This is why we can’t have nice things.

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Roundup: Farewell, 43rd Parliament, and good riddance

Parliament is dissolved, and the 44th General Election has begun. Prime Minister Justin Trudeau characterised the election as a chance for Canadians to weigh in on the direction they want to see the recovery, calling it the most important election since 1945 – and he didn’t go the route of pointing to just how toxic the House of Commons was all spring as his justification (though he easily could have), because this is Campaign Trudeau™, and everything needs to be upbeat and positive. He also put mandatory vaccinations (for areas under federal jurisdiction, including air travel) as one of the centre planks of his campaign and dared people to contrast it to the other parties, with both Erin O’Toole and Jagmeet Singh spending the weekend prevaricating and talking around it, so even though it may seem that the distinctions between them are subtle, they are there.

https://twitter.com/journo_dale/status/1426929811071635458

Erin O’Toole has pretty much retreated to his studio in downtown Ottawa, and spent the first day holding telephone town halls from there, and will do so again today. His pitch has been that the election is pretty much a vanity project by Trudeau in the hopes of a majority, but the fact that he has so far stumbled out of the gate, both with a disastrous shitpost video and his waffling on mandatory vaccinations, has not been terribly auspicious.

https://twitter.com/MikePMoffatt/status/1427054892338884611

Jagmeet Singh started his day in Montreal, as he had already committed to attending the Pride parade there – but there was the inherent contradiction in that parades and crowds are okay but elections are unsafe. It’s also worth noting that he didn’t criticise the Governor General for granting dissolution, which makes it apparent that his letter two weeks ago was a cynical ploy that undermined Mary Simon.

https://twitter.com/robert_hiltz/status/1426320404315004940

Of course, while the opposition leaders kept insisting that the election was unnecessary and in some cases, too costly (but seriously, if you think it’s a bad think that elections cost money, you shouldn’t be in the business of democracy), their own rhetoric belies the fact that they didn’t think that Parliament was working, or should have worked because they kept insisting that you can’t trust the prime minister. So…maybe be more consistent if you want people to believe you when you said that there was no reason for an election, because clearly, you think there is.

https://twitter.com/MikePMoffatt/status/1426974226007867401

Otherwise, a campaign that is going to be digital and social-media focused has been off to a bad start, contrasting the Conservatives’ terrible shitpost video versus the Liberals’ hopeful and optimistic video that is a note-perfect recreation of a parody video of a feel-good corporate video employing stock footage. So…yeah. Everything is kind of awful, but at least we only have five weeks of this and not two years like the Americans do.

https://twitter.com/moebius_strip/status/1426699232141004805

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Roundup: O’Toole wants intervenor status

Yesterday morning, Erin O’Toole declared that he would seek intervenor status at the Federal Court in the dispute between the House of Commons and the Public Health Agency of Canada over the disclosure of classified documents. Apparently, he believes that he has a “distinct perspective” on the underlying issues raised by the case, which is…a bit novel considering that his press release was a partisan document that was not about legal arguments but rather about political calculus.

As a reminder, the process was triggered because under the Canada Evidence Act – which Parliament passed – says that when requests for secret or confidential documents are made to a government entity like PHAC, they must notify the Attorney General, and that triggered a process by which said Attorney General sought clarity from the Federal Court – does the Canada Evidence Act and its limitations supersede or otherwise restrict Parliament’s privileges in demanding documents and the production of papers as they see fit, given that they are ostensibly the highest court in the land. Plenty of people have tried to make this a partisan issue – O’Toole most especially among them – rather than a process where everyone is following the law, and the law conflicts with Parliamentary privilege.

I half-suspect that in this case, the Federal Court may not grant O’Toole standing, given that he has pretty much stated that this is going to be an attempt at electoral grandstanding inside of a court room, which the Court would be hesitant to do. Beyond that, his statement in the press release doesn’t actually make sense – the request to present the documents will die when Parliament is dissolved, and the special committee that demanded the documents ceases to exist. Beyond that, if he forms government, he won’t need to release the documents because he’d be able to read them in secret, thus eliminating the possibility that releasing them might compromise our Five Eyes obligations, or inadvertently compromise a foreign intelligence source (though I am not convinced this is a national security or intelligence issue, but rather more likely one of an RCMP investigation into policy breaches). Not to mention, the documents were released, both in a redacted form to the committee, and in an unredacted form to NSICOP, and the Conservatives want someone else to do the redacting who doesn’t have national security experience. I have a hard time discerning just what “distinct perspective” he has other than scoring points, given that the Speaker will be exercising his role in protecting the privileges of the Commons, and he doesn’t need O’Toole’s help for that.

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Roundup: We have a date for dissolution

This is not a drill – the election call will be coming on Sunday, for an election date of September 20th – a thirty-six day campaign, which is the bare minimum and technically will take place entirely in the summer. But until that happens, you can expect a flurry of announcements later today – a child care agreement with Saskatchewan, probably a few more Senate appointments, possibly some more judges, and any other senior bureaucrats who need to be repositioned before the government goes into caretaker mode.

Of course, as this is taking place, case counts are once again starting to rise across the country, and we are officially at the start of a fourth wave – because of course we are. While we can expect to hear a lot of hand-wringing about this over the next week or so, I would expect that the bulk of rallies or events will be held outdoors over the course of the campaign, plus a lot more virtual events – after all, Erin O’Toole is renting out that studio space with its big screens to do just that, and I wouldn’t be surprised if other leaders have similar plans that they have not yet unveiled.

Also, because this will drive me insane for the next week, the phrase “drop the writ” is completely wrong. There is no single writ, and it does not drop. Once the Governor General signs the proclamation to dissolve parliament, the Chief Electoral Officer will draw up 338 writs – one for each election being held (because remember, an election is not a single event – it’s 338 separate but simultaneous elections). So don’t use a wrong phrase, and save yourself a scolding from me.

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Roundup: A display of arrogance and entitlement from McDonald

In what is quite possibly an admission of arrogance and entitlement, the ostensible current Chief of Defence Staff, Admiral Art McDonald, says that he’s going to return to the job now that he’s been “cleared” by the investigation into previous sexual misconduct – but that’s not his decision to make. The fact that he seemed to publicly indicate that this was a fait-accompli may have in fact been a faux pas, as the Minister of Defence actually showed a modicum of spine and said that no, McDonald is remaining on paid leave until they can decide what they’re going to do.

Remember, CDS is a Governor-in-Council appointment, meaning that the prime minister and Cabinet can appoint who they want to the position, and remove the current occupant at any point for any reason, and the fact that McDonald has both lost the moral authority to hold the job, coupled with this stunning bit of entitlement, may in fact prove that is should no longer be considered to be qualified to hold the position.

Meanwhile, here is former national security lawyer (and former armored officer) Leah West to put this into perspective:

https://twitter.com/leahwest_nsl/status/1425547465051279361

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Roundup: What open nominations?

Do you remember when the Liberals considered themselves the party of open nominations? And how they were always going to uphold the democratic right of riding associations to run fair, open and transparent processes to select the candidates that would appear on the ballot for them? Because apparently the party has put this particular bit of democracy, openness and transparency down the memory hole as they continue to acclaim candidates from across the country. In two of these cases, the acclamations came a mere day after the incumbents announced that they weren’t running again, and in one of those ridings – Kanata-Carleton – there was the making of a contested nomination as rumours swirled that Karen McCrimmon wasn’t going to run again, and the riding association was frustrated that they couldn’t get any kind of answer from the party on how and when to run said contested nomination.

Now, the party is going to defend its honour by pointing out that their rules state that they can declare a state of “electoral urgency” to bypass the nomination process, but this is more of the Liberals’ penchant of letting the ends justify the means. They created the rules that were easily gamed, and frankly, the “electoral urgency” clause is a load of bullshit because they were using it in 2019 in the months before the election when they knew they had four years to have this process ongoing because there was a fixed election date under a majority parliament, so there were no surprises. Yes, the pandemic has made nomination races tougher because of public health restrictions, and the party has come under fire for using a verification system that includes facial recognition technology (which BC’s privacy commissioner is investigating, per that province’s laws), but again, these were things that the party should have been cognisant of and dealing with rather than simply wringing their hands and pulling the “electoral urgency” alarm to fast-track their hand-picked candidates, thwarting local democracy, and accountability.

Open nominations are one of the most important and fundamental building blocks of our democratic system. When parties flout those rules, it hurts the entire system – especially as it cements even more power in the leaders’ offices. That the Liberals are so blatantly ignoring their own supposed values in this crucial stage of the democratic process is a sign that the way the party rewrote their constitution to fit the Trudeau era is a very real problem that they are going to have to do a lot of soul-searching to address, especially when that age comes to its inevitable end.

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Roundup: Beware the lure of a pilot project

You can bet that, as an election looms, that certain parties will start talking up Basic Income again (and this includes the Liberals, given recent party policy votes around it). We’re also hearing from a group of senators who want to push this in spite of evidence that it’s not the best way to go (and they have been vocally dismissing any dissent, no matter how expert). And a bill in the US about Basic Income pilots will add fuel to this particular tire fire. So with that, I turn it over to Dr. Lindsay Tedds, who was on the BC panel that examined the feasibility of Basic Income to break it down:

https://twitter.com/LindsayTedds/status/1422689592722051072

https://twitter.com/LindsayTedds/status/1422689597105049603

https://twitter.com/LindsayTedds/status/1422689601018372096

https://twitter.com/LindsayTedds/status/1422691518230433793

But there’s a reason why these kinds of pilot proposals are popular, and that is politics. Alas.

https://twitter.com/MikePMoffatt/status/1422692966142029826

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Roundup: Just the Speaker doing his job

We got our first glimpse at the court documents related to the challenge of the House of Commons’ order demanding the production of secret documents related to the firing of the two scientists from the National Microbiology Lab. The Speaker, Anthony Rota, put in his submission that the case should be tossed because of Parliamentary privilege, and there was no explicit waiving of parliamentary privilege under the Canada Evidence Act, which is what the Public Health Agency is following in refusing to turn over unsecured documents. As a reminder, they have turned over the documents, both in redacted form to the committee that requested them, and in unredacted form to NSICOP, which has appropriate security clearances and safeguards, so it’s not like this is a blanket refusal to defy Parliament – it’s that they have their own obligations to follow. It’s also somewhat problematic that the committee wants the Commons’ Law Clerk to then redact the documents on his own, without appropriate training or context, so they ultimately claim they’re not looking for unredacted documents – only for someone else to do the redacting, at which point this is just becoming absurd.

The way this is being spun is also somewhat irritating – because this was a Canadian Press wire story, outlets who ran the piece sometimes did so with altered headlines that stated that it was the Liberals interfering with the “exclusive jurisdiction” of the Commons rather than the government, which is not really true. This isn’t a partisan issue – it’s different parts of the government acting according to the laws that Parliament passed. When the demands were made, PHAC was bound in legislation to inform the Attorney General, and while it is the same physical person as the minister of justice, under his Attorney General hat, he had obligations to follow the law and test these demands in Court.

The other commentary that is somewhat maddening is people pointing out that the Speaker is somehow going against his party in doing his job as Speaker in defending the Commons’ privileges. Again, this isn’t actually a partisan issue on either side (well, the Conservatives making these demands for the documents, with the support of the other opposition parties, are behaving in an extremely partisan manner and trying to embarrass the government, but that’s neither here nor there for the purpose of what we’re discussing). Trying to make it a partisan issue when everyone is doing their jobs is just degrading the discourse and muddying the understanding of what is going on (which is what certain parties would like to happen because it makes it easier for them to lie about the state of play). We shouldn’t be doing their dirty work for them.

Programming Note: I’m taking the next week off (as much as I am able), because it’s probably my only opportunity in advance of the possible election, and I really don’t want to have to deal with election coverage while battling burnout. Take care, and I’ll see you on the far side of the long weekend.

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Roundup: A dubious plan for the next pandemic

Erin O’Toole unveiled his party’s pandemic preparedness plan yesterday, and it was very curious indeed. His framing was a lot of revisionist history about border closures, and some outright fabrications about supposed contracts that went to people with close connections to the Liberals, which has not been shown anywhere other than the fevered imaginations of what happened around the WE contract, and the bullshit story they concocted around Baylis Medical. More than this, however, a number of things that O’Toole was critical of were things that dated back to the Conservatives’ watch – including changes to the management structure of the Public Health Agency of Canada.

The fact that O’Toole is saying he would essentially undo changes the government he was a part of made – without acknowledging that they made the detrimental changes in the first place – is quite something. The fact that they’re going on about the pandemic stockpile without acknowledging that its management failed under their watch, going back to at least 2010 – and we have an Auditor General’s Report that confirms this – is not unsurprising. Other aspects seem to be dubious at best, such as doing something about pharmaceutical patents and doing away with PMPRB (Patented Medicines Price Review Board) regulations in order to appease these companies in the hopes that they will do more research and manufacturing here seems both unwise at best, and will mean higher drug prices for Canadians going forward.

There were some other things buried in there, not the least of which were contradictions around raising tariffs on PPE in order to ensure they are manufactured domestically, while also trying to “secure the North American supply chain” to reduce reliance on imports – but imports from the US and Mexico are still imports. There were also a number of jabs at China in the document, some of which will limit our ability to have international cooperation around research of emerging viruses, and he managed to wedge in the current drama around the National Microbiology Lab firings into his piece as well. The problem of course is that a lot of this sounds like it makes sense on the surface, but the moment you start reading their backgrounder (which doesn’t appear to be online – just emailed to reporters) and scratching beneath the surface, the more apparent it is that a lot of this is hot-air, blame-shifting, and disingenuous rhetoric masquerading as a plan.

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Roundup: Exit McKenna

It’s now official – Catherine McKenna is bowing out of federal politics, citing that she wants to spend more time with her kids while she can (the oldest is off to university next year), but insisting that she still wants to do her part to fight climate change in other arenas. This was immediately met with questions about whether this is a signal that it can’t get done in government, which she flat-out denied, but we should remember that the federal government is limited in what it can do, because it only has so many policy levers at its disposal (which we should all realise after living through those limitations in this pandemic).

https://twitter.com/AaronWherry/status/1409621322649440256

McKenna, who also stated flat-out that she’s not going to run for mayor, dismissed the attacks against her as “noise,” and that they weren’t successful because she did the work of getting the carbon price in place, and made more tangible progress on the environment file than we’ve had since the Mulroney era. But we can’t forget that the abuse was real, it was horrific, and she needed police protection because the threats were so bad. This should be one of those moments of reflection about where we are as a society that these kinds of misogynistic are able to keep happening with little to no recourse for the victims, and few consequences if any for the perpetrators. McKenna did note that she does still want to work with social media companies to address this, but we’ll see if anything actually happens.

https://twitter.com/cathmckenna/status/1409522139380785157

Of course, this has entirely been overshadowed by the spectre of Mark Carney entering the political arena, which he categorically should not, because even if he’s been out of the Bank of Canada for seven or eight years, it still has the possibility to taint the institution by association, and him declaring himself to be sympathetic to the Liberal cause is not helping either – especially given that Pierre Poilievre is currently attacking the institutional independence of the Bank by positing that they are somehow in cahoots with the government, and that they are simply “printing money” to finance the government’s deficits which will drive up inflation – entirely ridiculous notions given that quantitative easing is not actually “printing money” and that their whole mandate is to control inflation at around two percent, which they have been very good at. Nevertheless, people are believing Poilievre’s bullshit (especially as other media won’t actually call it out as such), and this will only get worse if Carney actually enters the political arena. And because the media and the pundit class have decided that they like this narrative of Carney being some kind of heir apparent and saviour, they are trying to make it happen, damn the consequences. It’s not a good look, and yet here we are.

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