Roundup: Unenforceable garbage legislation

As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.

To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.

Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.

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Roundup: To travel or not to travel?

There’s a battle brewing in the Senate over Bill C-69, and some of it seems like a concern trolling on the face of it. Given that the bill – which aims to reform the environmental assessment process – is contentious among certain sectors, and has been subject to a misinformation campaign by the Conservatives (who have dubbed it the “no more pipelines bill” based on zero actual evidence), there is a push by Conservative senators to have the Senate’s energy and environment committee take hearings on the road. You know, to hear directly from those affected. The bill’s sponsor, government whip – err, “liaison,” Senator Mitchell, resists that, and it looks like he’s got the leader of the Independent Senators Group, Senator Woo, more or less backing him, Woo saying that travel is unnecessary when you can videoconference.

The Conservatives are looking to delay the bill, likely to death, given that the number of sitting days in this parliament is rapidly dwindling. Never mind that many affected industries are behind the bill, or that most others say that they would rather see amendments at this stage than a whole new process because that just increases the uncertainty (and it should be pointed out that the current system, which the Harper government implemented, has not worked and has resulted in a number of court challenges). And to add to that fact, the senator who chairs the committee is inexperienced (and many will openly say that she doesn’t know what she’s doing), and the Conservatives on that committee haven’t been cooperative in getting the hearings up and running because they are protesting the fact that she appears to be taking dictation from the Government Leader in the Senate – err, “government representative,” Senator Harder. So, this is all turning into a giant mess. And did I mention that the number of sitting days is rapidly dwindling? I suspect this is going to get ugly.

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Roundup: Silence from Trudeau on child removals

While all attention is glued to the horror show south of the border when it comes to child removals from migrant families, there is a lot of commentary around the conspicuous silence by this government, and from Trudeau in particular. While he said that he’s not going to “play politics” around this, some of his ministers have made comments to the effect that this policy is “simply unacceptable,” but Trudeau is largely mum. If anything, the government has taken a particularly defensive tone by talking about how much work they’ve done to reform immigration detention in this country, and to not separate children from their parents and only detain when necessary (and the record has improved, but it had some particularly dark spots in recent years, from suicides in detention to people being housed in provincial jails when there were no other immigration detention facilities available). There is an assumption that this is because he’s trying to “play nice” with Trump, but I’m not convinced about that.

If anything about the particular problem we’ve had with irregular border crossers over the past two years has shown, it’s that there is a narrative about how Trudeau’s #WelcomeToCanada tweet created the crisis. I’m not convinced that it did, but that’s the narrative. Given this crisis at the American borders, with migrants coming in from conflict zones in Central America, and with global refugee numbers at an all-time high, you can bet that Trudeau is doing his level best to be circumspect in all of his statements, not because of Trump, but rather to avoid another surge of migrants headed for our borders, and into a system that is already swamped (in no small part because they’ve been unable to make timely appointments to the IRB, and because it’s still under-resourced). Now, if Trudeau made sweeping condemnations about what’s happening in the US, that could be seen as another open invitation, which would stress our system even further. Add to that the calls from the NDP and others to suspend the Safe Third Country Agreement – a move that would immediately cause a massive rush for our ports of entry to claim asylum, again, swamping our already stressed system, beyond the diplomatic escalation that removing the “safe” designation from the US would cause. And the Trump administration may be fine with it, and do all it can to push more of their migrants to our borders and say “good riddance.” Regardless, I see Trudeau’s silence as an abundance of caution and trying not to create a larger border crisis than the one he’s currently dealing with, no matter the fact that what’s happening in the States is unconscionable.

https://twitter.com/StephanieCarvin/status/1009287591957581824

Meanwhile, as if to highlight Canada’s own record, there was testimony before the Senate Aboriginal People’s Committee about how child removals within Indigenous communities continues to erode them, given that currently child welfare workers are more likely to separate children from their families than get proper assistance for those families in crisis, and that the numbers today are akin to another residential schools system. So, yeah. We don’t have a clean record, and I’m sure this would quickly be thrown in the government’s face if they said anything.

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Roundup: Bernier booted from shadow cabinet

The surprising news last night was that Andrew Scheer had finally had enough and removed Maxime Bernier from his shadow cabinet, reassigning his critic portfolio to Matt Jeneroux. The ostensible reason that Bernier was booted? That he uploaded that chapter from his cancelled book in which he decries the tyranny of Supply Management. Never mind that the chapter was already floated to the Globe and Mail and was published weeks ago, which led to the outcry that had Bernier pull the book until his political retirement. Scheer said that this constituted Bernier breaking his word to caucus on the book, never mind that it was already in the public domain.

A more plausible explanation? That Scheer was getting a lot of heat about Bernier’s views about Supply Management in the face of Trump’s tweets about dairy tariffs that are part of the system, where the government could point to Bernier being on Scheer’s front bench as proof that the Liberals cared more about Supply Management than the Conservatives did. In fact, the swipes about this got increasingly nasty in QP the last few days, to the point that Luc Berthold got right indignant about it when it was thrown in his face yesterday. Add to that, there’s a by-election coming up in a rural Quebec riding, where this is one of those issues that they care a lot about, and Scheer (who is campaigning there later this week with the former Bloc leader who has renounced separatism and taken out a Conservative membership card) wanted to prove that he’s listening to Quebeckers on Supply Management – even though Bernier himself is a Quebecker. (Note: This is also why the Conservatives rarely ask Supply Management questions in English during QP – this is all about pandering for Quebec votes).

I do think that this is further proof that there is little room in the current Conservative party for actual free-market conservatives, and that they are working hard to cravenly embrace right-flavoured populism that is divorced from the values that they claim to espouse (as I wrote a year ago when Scheer first won the leadership). My only question now is whether Bernier will be banished to the nosebleeds along with fellow disgraced caucus member Kellie Leitch.

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Roundup: Don’t be fooled by Friday’s childish meltdown

You may have heard that there was a bit of a meltdown in the House of Commons yesterday. You may also have heard a bunch of suspect commentary about what it was about, and some particularly dubious ruminations about how noble it was that these opposition MPs were standing up for their rights to examine the Estimates and to ensure that all government spending was properly voted for, and so on. The problem is, is that those sentiments demonstrate that they’ve been taken in by the ruse that this is all related to.

So, to recap: Yesterday the parties were on notice that Government House Leader Bardish Chagger was going to move the motion to start late-night sittings in the House of Commons for the last four scheduled sitting weeks, in order to get bills through and off to the Senate. After all, it’s likely that the government wants to prorogue and have a new Throne Speech in the fall, and it’s better to get as many bills off the Order Paper before that happens. But just before Chagger is going to move that motion during Routine Proceedings yesterday, the NDP’s Daniel Blaikie conveniently stands up to raise a point of order and starts to demand that the Speaker allow them to delete Vote 40 from the Estimates. Vote 40 is related to the $7 billion fund that the government wants to use to get a move on budgetary matters that haven’t made it through proper Treasury Board review yet. The figures are all in the budget, laid out in a table, on how it will be spent. The opposition has decided that this is really a “slush fund” that can be spent on anything (the government is quite insistent that if they spent it on anything other than what’s in the table in the budget that it would constitute unauthorised spending, which is a significant thing). After Blaikie started a lengthy speech about it, the Speaker said he’s heard enough, that the matter is before committee and not the Commons, so it’s not in order. When he tried to move onto other business, Blaikie kept demanding he be heard. The Conservatives joined in. And thus began an eight-minute childish tantrum of shouting and desk banging that drowned out other business, and once that calmed down, endless cycles of points of order regarding whether or not they could hear the motion or the interpretation, and so on. There was no greater principle being expressed or upheld – it was a procedural filibuster. And we know this because they tried other tactics after that one failed, including points of personal privilege over the earlier meltdown, and a concurrence debate on a committee report (which, as Kady points out, is kind of fun to watch because almost no one has prepared speeches for them, so they’re forced to think on their feet, which they should be doing anyway, but whatever).

Procedural shenanigans I’m fine with. It’s a necessary part of Parliamentary democracy. I’m less fine with the infantile tantrum that they threw when they didn’t get their way. That’s the part that needs to be called out for what it was. And I especially resent the fact that you have a bunch of pundit who should know what a filibuster looks like after being on the Hill for so many yearswho were all “They have a legitimate point!” That legitimate point, as meritorious as it may be in a more existential conversation about reform of the Estimates process, was not what this was about, and to treat it as though it was is to fall for the game. I will additionally add that I am especially displeased with the commentary on the Power & Politicspower panel, where pundits who are not in Ottawa and who don’t cover this place got space to ruminate about how the Speaker was acting partisan because the government is on its heels a bit, of that this $7 fund was just like an omnibus bill that they swore they would never use, and nobody pushed back about how bogus this commentary was. (Paul Wells offered the actual take, bolstered by Aaron Wherry, for the record, but regardless). I will reiterate that procedure matters, and it would really help if people covering and commenting on this place understood that.

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Roundup: Questions about Scheer’s assertions

Andrew Scheer went to Calgary yesterday to talk to that city’s Chamber of Commerce and said a few things that I feel should probably stand a bit of questioning. Like the fact that he thinks it’s a “red flag” to use taxpayer funds to backstop the Trans Mountain expansion pipeline. And it’s fair that there’s scepticism about governments essentially subsidizing private business, but it’s his assertion that “governments investing tax dollars in energy projects is not the optimal solution.” Sure, it’s not optimal, but it’s complete and total historical revisionism to suggestion that this is somehow new or novel. Given the ways that governments, both federal and provincial, have de facto subsidized the development of the oilsands with generous royalty breaks and other tax incentives has been sinking a hell of a lot of taxpayer dollars into energy projects. And yes, there was a whole national crisis that had a hand in bringing down a federal government around the government sinking money into a cross-country pipeline.

But the other statement that Scheer makes that I find a bit puzzling is this continued insistence that somehow provinces were forced to “take matters into their own hands” over the Trans Mountain issue because the federal government showed a lack of leadership. And I’m still trying to figure out how this works. For starters, which provinces is he referring to? BC, which took it upon themselves to challenge federal jurisdiction in a naked attempt to appease a coalition partner? Or Alberta, who escalated tactics on the basis of a press release? “They should use all of the tools at their disposal,” Scheer insists of the federal government, and yet I’m not sure what exactly they were supposed to do. They already have jurisdiction – trying to re-assert it would imply that there was a question when there isn’t one, and creating doubt would embolden opponents. There wasn’t anything to challenge in the courts because BC had only put out a press release, and nobody even had a clue about what specific questions BC was raising until they filed their court reference this past week. How would going half-cocked have helped matters? But demanding they “use all the tools” sounds an awful lot like hand-wavey nonsense that serves to only invoke the politician’s syllogism than it does to suggest meaningful action. Kinder Morgan, meanwhile, has used this exercise in threatening to pull out in order to exact political leverage (and the fact that a private company is attempting to blackmail governments is not a good look), but there remain questions outside of all of this as to their own obligations to fulfil the conditions imposed on them by the National Energy Board for continued approval of the project. That can’t be glossed over.

I’m also curious what else he thinks the federal government should have done to silence BC’s objections, considering that he’s also supporting the Saskatchewan government’s attempt to push back against the imposition of the federal carbon backstop price. Is his position that federal governments should bigfoot provinces to get pipelines, but that they don’t dare interfere in areas of shared jurisdiction like the environment? That’s an interesting needle to thread, and somehow, I doubt we’ll see him attempting to do so anytime soon.

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Roundup: Erin Weir’s apostasy

First thing Thursday morning, NDP leader Jagmeet Singh took to the microphone in the Foyer, caucus behind him, to announce that he had expelled Erin Weir from caucus following the conclusion of the investigation into harassment allegations. And to be clear, he wasn’t kicked out because of the conclusions, given that Weir agreed to anti-harassment training and conciliation with his accusers – rather, it was because he had the temerity to go to the media to respond to the leaked allegations made to him without getting the permission of the leader’s office. And then the other MPs told reporters that Weir “expelled himself” by doing so, because it meant there was no trust in that relationship. So…wow.

To be clear, we don’t have much in the way of details about the allegations that were sustained in the report, but we have Weir’s word for them, and the clues that Singh dropped. That the former senior staffer in Mulcair’s office leaked to the CBC forced Weir’s hand in responding (which he says he asked Singh’s office, and they never responded to him), and this was the basis of the policy dispute on the floor of the Saskatchewan NDP convention where that staffer threw her weight around, and then accused him of harassment. As for the three “sustained” incidents of sexual harassment, Singh said it was because Weir failed to read “non-verbal cues” but that when he was told his advances were unwarranted, he ceased. Weir says that he was told over the course of the investigation that it was essentially because he’s a “close talker” and failed to realize that it made some people uncomfortable, but he has no idea who his accusers were, and says that after the initial complaint about him that the party essentially put out a “call for proposals” from staff to see if there were any complaints, which does seem a bit suspicious. It also seems like there is a giant inflation in terms of what constitutes harassment and sexual harassment, particularly coming from an MP who is a bit socially awkward.

https://twitter.com/moebius_strip/status/992068538142605312

https://twitter.com/moebius_strip/status/992071432912781312

Weir contends that he will sit as an independent for now, hoping that Singh will see reason, but given how the ranks have closed around him in a way they didn’t when David Christopherson got punished for breaking ranks on a vote suggests that Weir is now guilty of some form of apostasy, particularly that he had the temerity to defend himself in public when his accuser apparently leaked to the media to get ahead of the report when the leader’s office would have had him be humiliated publicly while he waited for permission to respond, which reinforces this notion that there can be cult-like behaviour in the party. Meanwhile, Don Martin suggests that the outcome of this mess suggests that this became a witch hunt, while John Ivison contends that this whole affair is not reflecting well on Singh, who continues to flounder as party leader. At Issue also took a look, and notes the rumours circulating that the party was looking for an excuse to boot Weir for whatever the reason.

Good reads:

  • Justin Trudeau says they will not delay implementing legal cannabis, but that will still likely mean a September rollout, and that legalization is a “process.”
  • Scandal! The Trudeau family’s meals are prepared at 24 Sussex and then sent to Rideau Cottage by messenger! (Seriously? This is what we’re worrying about?)
  • The federal government will intervene in the BC Court of Appeal reference on pipelines. This is standard since their jurisdiction is up for question.
  • Bill Morneau says they’ll have a better handle on the costs to households from carbon pricing in September when all provinces have submitted their plans.
  • An audit shows that the programme to help veterans transition to civilian jobs was next to useless. The government has since switched to a different system.
  • Scott Brison isn’t looking to budge from his $7 billion fund in the Estimates to get programmes moving, while the real problem remains the sclerotic bureaucracy.
  • The government used their majority to reject nine of nineteen Senate amendments to the transport bill. Now we’ll watch senators huff and puff before passing it.
  • The Commons privacy committee is ordering Cambridge Analytica to preserve vital data in advance of investigation, given news of their bankruptcy proceedings.
  • The military is being accused of “brass bulge” as upper ranks are growing faster than the regular forces are.
  • In case you were curious, it turns out that part of why the parliamentary lawn is being dug up is because they have to replace the drainage pipes below it.
  • While the Supreme Court of Canada upheld his influence peddling conviction, Bruce Carson is likely to avoid jail time.
  • NDP MP Kennedy Stewart is considering a run for Vancouver mayor.
  • Here’s a good profile of Doug Ford, and what the experience of working with him on Toronto City Council was like.
  • The Canadian Press’ Baloney Meter™ tests the Conservative claim that they cut emissions without cutting taxes. (Ron Howard’s voice: “They didn’t.”)
  • Colby Cosh contends that our system worked in keeping outsider Kevin O’Leary away from political leadership (but that Doug Ford was a perfect storm).

Odds and ends:

A documentary crew is looking to film the Senate’s third reading speeches and vote on the bill to end whale and dolphin captivity.

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QP: The sexist carbon tax

Following meetings with the prime minister of Portugal, Justin Trudeau was in Question Period, while Andrew Scheer was absent yet again. Lisa Raitt led off, worrying about the high price of gasoline in BC, which was being “compounded” by the carbon tax. Trudeau reminded her that BC has had a price on pollution for over ten years, and that carbon pricing allows people to make better choices. Raitt went for incredulous, raising the story that Trudeau has meals prepared at 24 Sussex and messengered to Rideau Cottage, to which Trudeau noted that the Conservatives were only interested in political attacks but not action on the environment. Gérard Deltell took over in French, noting that GHG emissions went down under ten Conservatives without a carbon tax — once again, omitting that it was because Ontario shuttered their coal-fired plants and the economic downturn, rather than anything that the then-Conservative government did. Trudeau reiterated that the Conservatives have no plan so they attack. Deltell asked again, and got the same answer. Raitt got back up, mentioned that the question was originally written by Gord Brown and had planned to ask it later in the week, and raised the issue of compensation for thalidomide survivors. Trudeau picked up a script to first give condolences for Brown’s death, and then added that they would have an announcement for those survivors soon. Guy Caron led off for the NDP, raising the problem of web giants creating the demise of advertising in newspapers which impacted press freedom. Trudeau took up another script to read about their support for a free press on World Press Freedom Day. Caron asked again in English, demanding those web giants be taxed, and Trudeau, sans script, reiterated his response and added that they are supporting local media via transition funding and CBC. Matthew Dubé worried about attempting to apply the Safe Third Country Agreement to the entire border, to which Trudeau said that they apply all of the rules and laws including our international obligations. Jenny Kwan asked the same in English, and got much the same answer with a slight admonishment that they were trying to create fear and conspiracy.

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Roundup: Detailed spending or slush fund?

The Parliamentary Budget Officer weighed in yesterday on the government’s desire to create a $7 billion fund as part of the Estimates to get a jump start on budget promises before those spending plans can be finalized with departments and voted on in the Supplementary Estimates later in the year. The verdict? That enabling this would make it more difficult for MPs to do their duty of controlling government spending, because in their estimation, nothing obliges the government to spend that $7 billion on what is outlined in the budget annex. Government officials (on background) dispute this because they say that if they were to spend it on something other than what is laid out in the budget annex that it would constitute an unauthorized use of public funds.

“See! It’s a slush fund!” The Conservatives immediately cried and gave their little song and dance about how it’ll mean the Liberals can spend it willy-nilly on anything they want. And perhaps they should know – after all, they created a $3 billion “emergency fund” to deal with the 2008 financial crisis and wound up spending it on things like the gazebos in Tony Clement’s riding for the G8/G20 meeting when those funds were supposed to be used for border infrastructure. So is this the voice of experience talking? Good luck getting them to admit it. The NDP line, meanwhile, is that this is the Liberals trying to “suppress Parliament,” which I think you’ll have a hard time trying to find evidence for given how few actual strongarm tactics they’ve managed to engage in so far (a couple of ham-fisted moves that they’ve had to walk back from aside).

While on the one hand, I think the PBO has a point, on the other hand, it’s not a $7 billion black box, and the spending is outlined in the budget, and they can be held to account for it, which is also Parliament’s role. And given that the Estimates are basically unreadable currently and the fact that most MPs don’t pay the slightest bit of attention to them, the cynic in me wonders why they really care (other than it’s a convenient bludgeon to bash the government with). After all, I’ve watched enough times when the Commons has passed the Estimates at all stages with no actual debate or scrutiny on several occasions, leaving the actual hard work up to the Senate. Add to that, watching the Conservatives on their vote-a-thon vote against line items in the Estimates that they probably shouldn’t have shows how little attention they actually pay to the process and the contents. So would this $7 billion fund matter in the long run? Probably not. If nothing else, it’s more impetus for why we need to fix the Estimates process, to realign it with the budget and the Public Accounts, and ensure that they’re readable once again. And until that happens, I find myself having a hard time caring about this item given that there has been an attempt at due diligence that is otherwise so often lacking.

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QP: Springing a lame trap

On a rainy day in the nation’s capital, the benches in the Commons were full, and all of the leaders were present. Andrew Scheer led off, mini-lectern on desk, and in French, read the simple question about whether the government was using all of the tools at its disposal to get the Trans Mountain pipeline built. Trudeau stood up and expounded upon the fact that it goes hand in hand with getting a carbon price and an oceans protection plan, so that growing the economy and protecting the environment. Scheer asked again in English, got the same answer, and then he sprung his “trap,” accusing the government of giving a grant to an environmental group that hired an activist to protest this very pipeline (that group apparently being the Dogwood Initiative). Trudeau noted that they believe in free speech, and noted that this particular advocacy group was also funded by the Harper government. Scheer read the job description for that position, and Trudeau noted that they won’t brand people eco-terrorists or cut off funding if they don’t agree with them. Scheer noted that they obviously don’t believe in free speech given how they punished Scott Simms, and Trudeau hit back with his commitment to ensure that women’s rights and reproductive rights were protected. Guy Caron was up next for the NDP, railing that the Trans Mountain pipeline approval process was “rigged,” to which Trudeau noted that they extended the consultation process to ensure that they were meeting or exceeding their obligations toward First Nations. Caron asked again in French, and got much the same reply. Alexandre Boulerice then asked the very same question, and Trudeau noted that Boulerice had already stated that no matter the facts, he would oppose the project, even when his leader said he might be open to approving it. Nathan Cullen then asked the very same question yet again, pouring on the unctions sanctimony, and Trudeau asked him to explain to those Indigenous communities who support the pipeline why he wants to deny them jobs and revenue.

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