Tag Archives: Ethics Commissioner

Roundup: The “failure of negotiations” is nonsense

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It appears that the lack of seriousness around getting Bill C-6, which would ostensibly ban conversion therapy in Canada, through the Senate has reached its peak, as the Government Leader in the Senate, Senator Marc Gold, claims that negotiations have collapsed and he can’t bring the Senate back to deal with it. Which is nonsense. He has the power to petition the Speaker to recall the Chamber, and that request would almost certainly be granted. They can sit as long as necessary to pass the bill, and if they can’t get unanimous consent for hybrid sittings, well, by now most if not all Senators should be double-vaxxed and can attend in person. There are no actual impediments to them actually doing this.

Part of the problem is Gold himself – he doesn’t seem to grasp how the Senate works procedurally, and that he has a lot more power than he claims to. He also, for no good reason, proposed a date for the Senate to rise at the end of June when he could have kept it sitting into July with no actual problem. He also seems to be enamoured with the idea of agreeing on a timeline to pass the bill, which he doesn’t need, but ever since the Senate agreed to timelines around some major pieces of legislation in the previous parliament, there is a romance with doing this all the time in the Senate, which is unnecessary and in some cases counter-productive.

The other part of the problem is Justin Trudeau. And while it has been suggested that he has ordered Gold to let the bill die so that he can use it as a wedge in the election – frankly, the dynamics in the Senate don’t really support this line of reasoning – it’s more that Trudeau has a case of not-so-benign neglect when it comes to the Senate. By cutting it loose, so to speak, he gives it no mind rather than making it part of his strategy. There’s no reason why Gold is not a Cabinet minister who can answer for the government in the Chamber, rather than his current half-pregnant quasi-governmental role while still claiming independence, which doesn’t work in theory or practice. He clearly needs the support of PCO because he’s not able to do a reasonable enough job as it stands with what support he does get, and there frankly needs to be an actual government (meaning Cabinet) voice in the Chamber. But in insisting on “Senate independence,” Trudeau simply expects things to go through the Chamber and he can forget about it, which is a mistake.

Gold needs to fix this situation, and fast. If that means recalling the Senate in person, so be it. But claiming negotiations “collapsed” and he can’t do it is both untrue and against procedure. This is on him.

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Roundup: C-10 keeps stumbling

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If there is any bill in recent history that is an object lesson in fucking around and finding out, it’s bill C-10, on amending the Broadcasting Act. Indeed, after the government, with Bloc support, moved time allocation while the bill was in committee, the five hours allotted to finish clause-by-clause consideration was apparently not enough, as it seems yet more MPs on the committee wanted to waste time fighting about things this bill doesn’t actually do. And lo, amendments that were passed after the five hours were up were deemed null and void by the Speaker, so once again, MPs found out.

This doesn’t mean that those amendments are necessarily gone for good – they can certainly be moved at report stage, where the bill is currently, though that may require extending the time allocation that was imposed on the current stage in order to be able to move and vote on said motions – and that leaves yet more opportunity for dilatory actions such as slow-voting and another point-of-order-palooza around remote voting. Barring that, the government can move them in the Senate, though that will be very uncomfortable as it will probably mean having to recall the Commons in a couple of weeks to pass the amended bill, which will be a gong show all around. Or, with any luck, it will be stuck on the Order Paper over the summer, and possibly smothered if the election call that the pundit class is so hell-bent on getting happens. Nevertheless – there is plenty of blame to go around for this state of affairs, not the least of which belongs to the minister for his singular failure to offer coherent communications around this bill at every opportunity, and most especially at committee.

I would add, however, that I have no patience for this notion that the bill saw “no real debate,” as certain individuals are claiming. It got more debate than most budget implementation bills – more than any bill I can remember in recent memory. Granted, we have no guarantee of the quality of debate, and considering that this bill has been the subject of a campaign of conspiracy theories (Internet Czar, anyone?), straw men, red herrings, and outright lies, while substantive and existential problems with the bill have largely gone unremarked upon, I can see a critique that the months of debate were short on substance. That said, I’m not sure how even more debate would have helped, other than to prolong the agony.

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Roundup: Scheer joins the sister-hiring brigade

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The saga of MPs hiring siblings exploded yesterday as several revelations came to light – that Andrew Scheer not only hired his sister-in-law, but that he also hired his sister to work in his office when he was both Deputy Speaker and Speaker. Granted, this was within the rules at the time, and those rules were changed at the end of the time Scheer was Speaker (and his sister was let go then – and then moved over to a Conservative senator’s office), but for someone who liked to give lectures to the prime minister on the optics and the appearance of ethical conduct, it does seem like a bit of the pot calling the kettle black. Erin O’Toole, meanwhile, said that while these hirings were within the rules, he wants to set a higher ethical bar, so he would have a talk with Scheer about it, though he apparently let his sister-in-law go around the same time. No word yet on whether the Conservatives will call for his resignation.

Meanwhile, in the other sibling hiring drama, it turns out that now-former Liberal MP Yasmin Ratansi’s hiring her sister was actually flagged to the Ethics Commissioner two years ago, and his office decided to take a pass on it, figuring that it was better dealt with by the Board of Internal Economy. Now he’s saying that maybe he should have taken a look then. Of course, this sounds to be about par for the course for Mario Dion, whose approach to interpreting his enabling legislation is…creative to say the least, from inventing new definitions under the Act, stretching the credulity of what it covers in some reports, and even confusing his Act with the MP Code – which are completely different – in another case. So, that’s going well. Incidentally, the Board of Internal Economy will be meeting later this week and will address the Ratansi complaints at that time about whether or not this hiring violated the rules, and they will determine the next course of action at that point. (And yes, this is an example of parliamentary privilege, where parliament makes and enforces its own rules, because it’s a self-governing institution, which is the way it should be).

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Roundup: A promise to fight back against federal action

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Another day, more record-breaking COVID cases in this country. In Ontario, new modelling suggests that if we don’t get this under control that we’ll be seeing 6,500 new cases a day by mid-December, which should terrify everyone. And Doug Ford? Well, he called the reports that he ignored public health advice “inaccurate,” and “one doctor’s opinion,” and insisted that he’s trying to find a “balance.” Because the needs of businesses outweigh human lives.

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In Alberta, where the pandemic is starting to overwhelm a couple of hospitals, Jason Kenney was back in isolation for the second time after another close-call with a positive COVID case (which he tested negative for) – because he’s totally taking it seriously. Kenney decided to “toughen” measures, which means that he…reduced hours in restaurants and bars, stopped indoor sports, and limited weddings and funerals. Because he still refuses to do a proper lockdown to get infections under control, and he refuses to do anything to inconvenience businesses. Hell, he’s still telling people to go out to restaurants and bars – just not as late, which also has the added effect of ensuring more people will be in these establishments during the compressed hours, which would seem to increase the chances of infection rather than decrease it. After all, Alberta’s public health insisted that people should socialize in a “structured setting” (i.e. restaurant or bar) instead of at home, so they’re really taking it seriously.

As for those who still insist on calling on the federal government to enact emergency legislation, Ford stated yesterday in no uncertain terms that he would not stand for it, and warned that other premiers would also fight back because they want to guard their own jurisdiction. So yeah, unilateral federal action would not fly (not that it really could under the terms of the Emergencies Act anyway), and we’d simply wind up in court over it. In other words, stop waiting for Trudeau to act (because he can’t) and pressure the premiers instead to quit worrying about businesses – especially since they have the power to help them out – and worry instead about the hundreds of deaths that are happening every week.

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Roundup: A gesture toward pettiness

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There are a lot of symbolic gestures that politicians do that I cannot abide, but one of the most obnoxious and corrosive ones is the insistence on cutting their own pay when times get tough – and lo and behold, we have an Ontario senator who is moving a motion to do just that, asking both MPs and Senators to forgo statutory pay increases (to meet inflation) as a gesture. This is not really a symbolic or empty gesture – it is a signal to populist impulses that serve to devalue public life, and treats what they do as somehow being less valuable than people in the private sector – which is ironic considering how much less MPs and senators make than professionals and executives in the private sector.

Without entirely relitigating what I wrote on this before, I wanted to point out some of the fairly offensive characterizations of such gestures that were in the National Post piece, which describes the gesture as “important” for private sector and low-income workers, and the usual suspects at the Canadian Taxpayers Federation trying to insist that politicians aren’t making sacrifices when people are losing their businesses.

The problem with this line of logic is that these gestures don’t do anything. If anything, they come with a dose of schadenfreude, that if I’m suffering then watching politicians or civil servants being forced to suffer as well is satisfying, even if it ultimately makes things worse overall. What good does it serve to make everyone miserable or worse off? How does that make the situation better for everyone? It doesn’t. There are enough trade-offs that go with public life or public service that often make it a fairly unappealing to many people, so why pile on? Pettiness won’t solve the economic crisis or make people’s businesses reopen, and it certainly won’t make COVID go away, so why indulge it?

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Roundup: The creeping presidentialization of national addresses

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As far as Throne Speeches go, it was on the long-side – fifty-four minutes in total – while the scene was sparse owing to the pandemic. A common refrain from the commentariat was asking what exactly was new in the speech – much of it was a recitation of the Liberal Party’s greatest hits, with a newfound sense of urgency to some of those long-standing promises (most of which require negotiations with provinces who are reluctant to take on costly new social programmes), and the assurance to Canadians that this is not the time for fiscal austerity as we need to “build back better.” There were some relevant things about ensuring a green and inclusive recovery,

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The post-Speech responses in the press conferences that followed were pretty typical – the Conservatives hated everything about it, and complained about things that their leader has been shitposting the opposite of for the past couple of weeks. The Bloc have decided that it somehow violated the rights of the provinces, when it talks about negotiating national programmes with them. The NDP weren’t going to pan it outright, but Jagmeet Singh instead demanded that the government implement paid sick leave for every worker in Canada – something that the federal government can’t do because the vast majority of workplaces are provincial jurisdiction. So that’s fun.

And then, a short while later, were the big national addresses. Trudeau started off good, talking about the fight of our generation, and that Thanksgiving is now out of the question but we still have a shot at Christmas if we can get the second wave under control, which means get a flu shot, wear masks, wash your hands, and download the COVID Alert app. But then he started selling the Throne Speech, and it turned into an infomercial, in spite of the promise that this was going to be an urgent message about the pandemic and not about politics. That assurance was completely lost on Erin O’Toole, whose only nod to the pandemic was to say that his family’s situation shows that we all need to be extremely vigilant – before he pivoted to Western alienation, and complaining that Trudeau didn’t listen to any of his (performative) demands around the Throne Speech, and concluded by warning about Communist China. So that was something. Yves-François Blanchet, also in COVID isolation, addressed his reply to Quebeckers and Francophones, and then accused the prime minister of interfering in Quebec’s jurisdiction (he didn’t), and demanded unequivocal transfers to Quebec in a week or he’ll vote against the Throne Speech. Erm… And then there was Jagmeet Singh, who started off with the empathetic approach of “I know you’re worried and we’re going to fight for you,” but quickly pivoted to demanding a wealth tax. So…that was the “urgent” and “not political” use of prime-time airtime. The worst part of the whole exercise, however, was the creeping presidentialization of it – addresses that should have happened in the House of Commons were forced to dinnertime television in the hopes of getting a bigger audience, for messages that came off sounding like pre-election posturing. If Trudeau had stuck to his first couple of minutes – that we need to get our shit together and flatten this infection curve – then that would have been fine. But the sales job on the Throne Speech with him giving the clips and not Julie Payette was a complete misstep.

Meanwhile, Heather Scoffield finds good things for the economic recovery in the Speech, but hopes the government can gets its act together when it comes to implementing them. Economist Lindsay Tedds sees a lot to like in the Throne Speech, particularly the pledge around automatic filing of income taxes so that marginalized people who often don’t file will finally be able to get benefits they are entitled to. Susan Delacourt contrasts the two speeches on Wednesday, and what each’s tone is trying to convey. Paul Wells pans the whole thing, and notes that nothing has changed since before the prorogation. Jen Gerson puts the whole display in a wider context of a world in which real trouble is brewing, and Canadian politics is utterly unprepared for it.

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Roundup: It’s all coming back to me now

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As Jason Kenney continues his bellicose demands for a revival of the Energy East project, it seems that his arguments have a certain familiar ring to them. Wait for it…

Anyone who has paid any attention to the Energy East demands for the past few years will note that there is a definite NEP 2.0 sensibility to them – especially the notion that in the name of “energy security,” we should repurpose this pipeline/build a new segment to the port of Saint John, where there is a single refinery that can handle limited amounts of heavy crude, and that the Irvings should either be forced to accept said Alberta heavy crude at a cost of an additional $10/barrel than they can currently import cheaper, lighter crude from abroad that their current refinery can handle, and that consumers in Atlantic Canada should be made to pay more for their gasoline for the privilege of it coming from Alberta – because I’m not sure that Alberta is going to accept the $10/barrel discount on their crude when they already are suffering from low global oil prices that have made many new oilsands projects economically unviable. Never mind the similarities of this scheme to the original NEP, for which Alberta has created a grand myth about the Great Satan Trudeau (even though the resulting closures in the industry had more to do with the collapse in global oil prices and global recession that happened at the same time) – the cognitive dissonance will not hold.

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Roundup: An investigation into Rideau Hall

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It was announced at the end of the day yesterday that the Privy Council Office would be launching a “thorough, independent and impartial” investigation into the claims of harassment and verbal abuse at Rideau Hall, and that this would be done with the cooperation of the Secretary to the Governor General, Assunta Di Lorenzo – whom these same complainants say was Payette’s abusive tag-team partner. Payette later tweeted that she takes workplace harassment “very seriously,” for what that’s worth.

Meanwhile, Philippe Lagassé explains why Governors General need to be uncontroversial and above reproach – which extends to how they comport themselves in office, which this current situation is certainly an example of. He also makes the very salient point that the prime minister needs to be directly involved in fixing this situation one way or the other, which can mean encouraging Payette that it’s time to “spend more time with her family.” Chris Selley longs for the days of a boring GG in office, citing David Johnston as the ideal when compared to the current example (and there is a good chapter on the criteria for selecting a GG in Royal Progress, written by Senator Serge Joyal, with the observation that the women selected for the roles have largely had media presences as opposed to governance experience).

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QP: Trying to single out ministers to divide the Cabinet

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The prime minister was finally present for the second day of the mid-July sitting, after his inexplicable absence the day before. Andrew Scheer led off, mini-lectern on desk, where he insisted that Canadians had enough of his scandals, and demanded he appear before committee. Trudeau stated that he was considering the invitation, that he was happy to be here today and tomorrow, and that he should have recused himself when the suggestion was made by the public service. Scheer spun a tale of WE’s alleged schemes, and again demanded that Trudeau appear at committee. Trudeau responded by listing the aid they have given students. Scheer then ranted about his disgust with the Liberals and didn’t have a question, to which Trudeau chided him about the things that he should be asking about, like the aid package under debate. Scheer got increasingly breathy as he again spun out a conspiracy theory around WE, wondering on what basis the civil service could have recommended WE, to which Trudeau stated that the civil service looked at the government’s plans and decided WE was best placed to fulfil it. Scheer quoted a charity watchdog on WE’s ability to fulfil the programme, and the asked Chrystia Freeland what it would take for her to lose faith in the prime minister, but Trudeau rose once more to praise the efforts they have made to engage students and support them. Yves-François Blanchet was up next for the Bloc, and he meandered around the problems Trudeau is facing, to which Trudeau insisted that they were focused on helping Canadians through the pandemic. Blanchet quipped that Trudeau couldn’t buy his way out of a crisis, and a suggested that Trudeau temporarily step aside and let Freeland replace him, and Trudeau praised the Safe Restart agreement with the provinces. Up next was Jagmeet Singh for the NDP, and he wondered why Trudeau didn’t recuse himself when the WE contract came up, and Trudeau stated that he followed the recommendation of the civil service. Singh insisted that apologies mean nothing if the Liberals help their “wealthy friends,” and worried why they didn’t just use another program instead, to which Trudeau said it was a shame that the NDP was so cynical about measures for students.

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Roundup: Some strings attached

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Prime minister Justin Trudeau wound up holding an irregular presser yesterday, mid-afternoon instead of late morning, and with a specific purpose in mind – to announce that the federal government had finally come to an agreement with the provinces over the Safe Restart Plan, now pegged at $19 billion rather than the $14 billion initially put on the table. What is noteworthy is that there were still federal strings attached for this money, though some premiers noted that the strings were not as tight as before. The money is to go toward municipalities, transit, contact tracing, personal protective equipment, childcare, and ten days of paid sick leave (so now Jagmeet Singh can pat himself on the back, even though this was BC premier John Horgan’s initiative), and is to last for the next six to eight months, at which point there will be a re-evaluation of where everyone is at. Trudeau also made it official that the Canada-US border will remain closed to non-essential travel until August 21st.

During the Q&A that followed, Trudeau expressed optimism around the vaccine candidate being held up by Chinese customs, and said that in spite of the Russian hacking story, it was important to work with everyone to develop a vaccine and that they were working to get the balance right. When asked if he would appear before committee as invited around the WE Imbroglio, that his House leadership team was looking at the possibilities, but that he also looked forward to taking questions in the Commons next week during the scheduled special sitting day. Chrystia Freeland was asked about what she knew regarding the WE Imbroglio, and she gave a fairly lengthy response about how everyone accepts responsibility for what happened, and apologized, saying that “clearly we made a mistake and we’re going to learn from it,” adding that everyone knew that the PM was connected to WE but didn’t know of his family’s specific financial arrangements, and then added that she still supported the PM and that it was a privilege to serve in his Cabinet. When asked if Quebec had no problems with the strings attached to the billions on the table, Freeland said that they agreed to it like everyone else, and that it was actually a Really Big Deal to get all thirteen provinces and territories to sign onto a deal that includes the municipalities and covered several ministries, saying that it showed that Canadians have understood that we need to work together in this time of crisis.

Shortly after the presser ended, Bardish Chagger and her officials appeared before the Finance committee to discuss the WE Imbroglio. Chagger insisted that nobody in PMO directed her to make an arrangement with WE, but she kept deferring to her officials, which…isn’t really how ministerial responsibility works. There was also talk about how WE had sent an unsolicited proposal to several ministers about a youth programme before this was announced, which WE later came out and said was a youth entrepreneurship programme which had nothing to do with what became the Service Grant programme. This having been said, the senior bureaucrat on the file said that they had three weeks to come up with a programme, and that WE fit the bill for its requirements, which is why they were recommended – and pointed out that potential conflicts are for public office holders to deal with, not bureaucrats (which is true). Up today, the Ethics Committee will begin their own examination into the Imbroglio, so we’ll see if that goes any better.

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