Tag Archives: F-35 Fighters

Roundup: Affordability truthers

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As expected, talk of the cost of living crept up again online today, with some more hyperbolic nonsense coming from one of our favourite Conservative talking heads. But this time, economist Stephen Gordon stepped in to provide a reality check – only to find more StatsCan “truthers” coming out of the woodwork. Remember, for populists, they don’t like data that contradicts their narratives, so they try to insist that the data is somehow biased or wrong. Gordon sets them straight, and makes the even more salient point that if the Conservatives (and by extension the NDP) are so concerned about cost of living increases that are within the rate of inflation, then perhaps they need to articulate what their monetary policy goals are – which is what the targeted rate of inflation amounts to. Plenty to think about and remember here.

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Roundup: Resurrecting sham “elections”

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As part of his ongoing fit of pique against the federal government, Alberta premier Jason Kenney has decided to revive one spectacular bit of political bullshit theatre that some of us had hoped was now dead and buried – the sordid practice of Alberta’s “consultative elections” for senators. The whole notion is unconstitutional, and while the Supreme Court didn’t explicitly rule against the provinces setting up their own “elections” as part of the Senate reference, it was certainly implicitly in there, both in the notion that a consultative “election” creates an expectation of legitimacy, but the logic behind it was also completely blasted during the hearing, when Justice Thomas Cromwell asked if a consultative election is fine, why not a consultative auction? Not to mention that the entire election process in past elections has been little more than the electoral equivalent of a show trial – a sham that resembles electoral democracy but is simply designed to return only candidates from a certain party to then form an illegitimate demand that they be appointed. Kenney’s attempt to say that this gives them “accountability” is ludicrous on its face because they don’t face re-election, so there is no actual accountability that can be exercised. The whole farcical exercise has more in common with the sham elections held in communist countries than it does with the actual electoral practices in the rest of Canada, and the fact that Kenney is looking to resurrect this demented kabuki is just more of his campaign of snake oil and lies whose only point is to keep stoking the irrational anger of Albertans and hoping that it won’t blow up in his face. It inevitably will, however, and the whole country will pay the price for Kenney’s arrogance in believing he can manage the monster he created.

In other news of Kenney’s political bullshit theatre, his piece by Chris Turner dismantles the whole raison d’être of Kenney’s so-called “war room,” by pointing to the literal conspiracy theories that underpin the whole thing, and the mythology that Kenney is trying to spin around why capital has left Alberta’s energy sector. And it’s complete myth, but it gets repeated uncritically constantly, and it goes unchallenged by the media, and yet Kenney is creating this $30 million spin machine to further reinforce this mythology and conspiracy theorism, because again, it feeds the anger of his base, telling them that it’s not the fault of the world price of oil that their fortunes have changed, but rather that it’s the sinister forces of dark foreign money that is really behind it all. Without putting too fine of a point on it, this is the kind of thing that fuels the kinds of populist movements that breed fascists. But Kenney doesn’t care, because he thinks he can control it.

Meanwhile, Kenney has suddenly changed his story about the incident where he handed out earplugs during that debate in the Alberta legislature, and it’s gone from it being “light-hearted morale-boosting” to “one of my MLAs has tinnitus and was being shouted at,” which the video clearly didn’t show, and it’s just one more example of Kenney’s smile-and-lie show that he puts on for media interviews, and you can’t help but feel sorry for the interviewers because trying to disentangle his egregious lies is a Sisyphean task.

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Roundup: Disingenuous threats to national unity

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As bullshit political theatre goes, Jason Kenney continues to exercise it to its fullest as he released an “urgent letter” to the federal government yesterday, co-signed by five other premiers (four of them conservative, one of them without ostensible party affiliation) to demand that both bills C-48 and C-69 be withdrawn, and warns of consequences to “national unity” if they are not. And it’s a bit galling to play the national unity card, considering that it’s both groundless and petulant – like a tantrum where a child threatens to hold his breath until he turns blue to teach his parents “a lesson.”

Nobody is going to pretend that these are perfect bills, but for the purposes of what is being argued, neither can do the harm that Kenney and his allies are claiming. For example, C-48 will not landlock their resources, and there has been expert testimony to say that it would have a negligible impact on the oil and gas sector because there are no pipelines along that route, nor are there any planned (thanks in large part to how badly the Conservatives botched the Indigenous consultations on the Northern Gateway project). And C-69 is not going to make major infrastructure projects impossible – if anything, it would have a better chance of streamlining environmental assessments by ensuring clearer lines and better scoping of those assessments, so that there can be more focused work with the assessments. But the status quo is simply a path of more litigation because the current system is badly flawed. The branding it as the “no more pipelines bill” is and always has been disingenuous and an outright lie, but that’s what this all boils down to.

Kenney and company have lied repeatedly about the current government’s environmental programme – abetted by the fact that this government can’t communicate their way out of a wet paper bag, and they somehow refuse to call Kenney, Scheer, and company, on their bullshit. And given that Kenney managed to win an election by whipping his electorate into a state of irrational anger with a diet of lies and snake oil – anger that won’t abate now that he’s in charge – the attempt to export that technique to the rest of Canada is dangerous, but they don’t seem to care. That is the real threat to national unity, and it’s Kenny and company who are stirring it up, and they should be called out for it.

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Roundup: Incoming amendments

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There are a tonne of amendments coming out in committees in the Senate, and there are likely going to be some fairly major developments and debates on these in the coming days – particularly once the House of Commons starts debating (and ultimately rejecting) a number of them. One of the more unexpected ones for me were the fairly major amendments to the solitary confinement bill. I was fully expecting the committee to recommend the bill not proceed because the courts had already found the bill unconstitutional and the committee was on the road to deeming it unsalvageable. Apparently, they’re going to make amendments instead, so we’ll see where this goes, because they have at least two court decisions on their side already.

The legal and constitutional affairs committee has also amended the Criminal Code revamp bill to ensure that there are tougher sentences for those who perpetrate domestic violence against Indigenous women. The problem? Well, most of those perpetrators are Indigenous men, and there is already a problem with over-incarceration, so this is going to be a tough needle to thread (but we’ll see how they attempt to do so.

Meanwhile, it looks like that major revamp of C-69 – the environmental assessment bill – was left intact at report stage on a vote on division, which means that they didn’t hold a standing vote, but were simply acknowledging that the vote was not unanimous. It’s a bit…suspect that they chose to go this route, considering how many of these amendments essentially gut the bill (and were indeed written by oil and gas company lobbyists, which totally isn’t problematic at all). But what is ultimately happening here is that these senators – and Senator Peter Harder in particular – are going to send this to the House of Commons so that they can reject them, and then send it back to the Senate where they will ultimately pass it after some minor theatrics, because of the will of the elected house, and so on. It’s not exactly the bravest route, and for the opposition in the Senate, it forces Trudeau to wear the decision more directly. There may yet be senators who will try to move amendments or delete some at third reading, but given Harder’s stance, I think the strong impetus will be for them to get the Commons to make the defeats so as to protect their own backsides from the wrath of Jason Kenney and others.

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Roundup: The rot Chong won’t address

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Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Election interference protocols

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The federal government unveiled their plans for dealing with election interference in future elections, and tried to create a system that keeps it within the realm of the civil servants and away from Cabinet (who would be in caretaker mode during the writ-period) and politicians in general. The protocol (infographic here) would see that the heads of national security agencies brief the Clerk of the Privy Council, the National Security and Intelligence Advisor, and the deputy ministers of Justice, Public Safety, and Global Affairs, who would then determine if there is a substantial threat to a free and fair election, at which point they inform the PM, party leaders, and Elections Canada before they hold a press conference to inform people of the incident.

In response, the Conservatives say it doesn’t go far enough, because they are on tear about foreign funding and third-party campaign financing, while the NDP say they want the Chief Electoral Officer involved (though I’m not quite sure what he would do in that kind of situation, because he deals with administering the election and not things like strategic “leaks” to media or propaganda). They also want social media companies to do more, and they are apparently reaching out to the government over this, but, well, their records have a lot to be desired in these kinds of situations.

Meanwhile, here’s Stephanie Carvin with what she was looking for beforehand:

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And what we saw in the announcement:

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https://twitter.com/StephanieCarvin/status/1090649350609473538

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Roundup: Protecting parliament from court interference

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The decision in Mikisew Cree First Nation v. Canada (Governor General in Council) at the Supreme Court of Canada yesterday has been described in some cases as relieving the government of the Duty to Consult Indigenous communities when preparing legislation, but I think some of that misses the very real issue of the separation of powers and parliamentary privilege – particularly when the news channels would immediately trot out Indigenous lawyers to say that this was an infringement on the Duty to Consult, and that it was a “missed opportunity” to get legislation right, and so on. (And lo and behold, here’s Pam Palmater to argue just that, and I find her analysis flawed). In fact, the CBC piece on the decision buried the aspect about separation of powers at the very bottom of the piece, despite the fact that it’s at the heart of the ruling.

To recap, the separation of powers is the doctrine that the executive, legislative, and judicial branches have different roles and you shouldn’t have them meddling in one another’s business, which is exactly what the case was proposing to do – to allow the courts to weigh in on legislation before it’s been passed, or in this case, even been drafted. That’s a huge overreach by the courts, and a giant infringement on parliamentary supremacy. Why that’s especially important is because we’re seeing a growing movement of people who try turning to the courts when they lose at politics, which is very bad for democracy. (In fact, it appears that the Mikisew are engaging in a bit of that very thing here, objecting to the changes to the changes to environmental assessment legislation). If the Mikisew had their way, it would allow for the courts to weigh in on the legislative process at all points, which not only makes legislation impossible, but it means that parliament can no longer govern its own affairs, which is a very bad thing. Of course, there were many differences of opinion between the justices as to how this all shakes out, but they all agreed that the courts have no role in interference in the legislative process, and I don’t think that was highlighted nearly enough.

https://twitter.com/cmathen/status/1050384273394622464

https://twitter.com/PhilippeLagasse/status/1050384955954483200

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https://twitter.com/EmmMacfarlane/status/1050397264298950657

This being said, they did affirm that the Duty to Consult is still necessary – just that it didn’t need to be mandatory before drafting legislation. Smart governments who take the Duty seriously would do so in the planning stages of legislation, and there are opportunities to engage in consultation during the legislative process, particularly at committees, when amendments can be proposed that would assist with accommodation. Emmett Macfarlane also suspects that we could see the Senate take a more active role in ensuring proper consultation as it weighs in on bills as well, which could be an interesting evolution in the Senate’s activities as we move forward with its “new” characteristics.

https://twitter.com/EmmMacfarlane/status/1050391764069019649

https://twitter.com/EmmMacfarlane/status/1050392582931369984

https://twitter.com/EmmMacfarlane/status/1050393088823185408

Meanwhile, Philippe Lagassé digs into Justice Brown’s reasoning around the Crown’s distinct capacities. Here is a thread from Emmett Macfarlane on his thoughts on the decision. And here’s University of Ottawa law school vice dean Carissima Mathen to explain the decision.

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Roundup: On track for a final cannabis vote

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Over in the Senate, some of the drama around the cannabis bill has resolved itself and we can look forward to some structured, orderly report stage and third reading debate leading up to the June 7thfinal vote. And yes, before you say anything, the Conservative senators are playing along and have been swearing up and down that they will respect this date and not try to play any games and delay it further. (They also know that they’ve burned a hell of a lot of political capital on unnecessary fights lately and aren’t keen to burn any more).

To recap, part of the drama has been that the Conservatives still plan to move amendments at Third Reading, which is their right. But they wanted this as part of the structured plan, and the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, wasn’t playing ball, and wanted the Social Affairs Committee – which funnelled all of proposed amendments from the four other committees that studied the bill and voted on them there – to have a look at those amendments first. And the Conservatives, rightfully, refused. And then members of the Independent Senators Group started giving quotes to newspapers about how they were open to real amendments and not those that were “superficial, tactical, unenforceable, or would only serve to delay this bill.” That, and throwing more shade about how they believed the Conservatives were just playing games, because the modus operandi seems to be that anything the Conservatives do is partisan and therefore bad, but anything they do out of a shared belief is not partisan and just fine, which is a lot of bunk. And some of the Independent senators are getting downright condescending in trying to make that particular case. Suffice to say, peace has broken out after the ISG got over their issues about the amendments, and they now have a plan for debate that will carry them through to the vote on the 7th.

Meanwhile, there is talk about whether the amendments to C-46 – the impaired driving bill – will survive a full vote in the Senate after the likely unconstitutional provisions around random alcohol testing. ISG “facilitator” Senator Woo is hinting that they would vote to reinstate the provisions. I will add, however, that I am not absolutely not buying their supposition that senators were trying to simply embarrass the government by returning the omnibus transport bill to the Commons a second time because it was their own Independent senators who insisted on those amendments. Sometimes senators insist on amendments because they think they’re in the right – which is a novel concept, I’m sure.

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Roundup: The IRB’s crushing backlog

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Some fairly big news out of the Immigration and Refugee Board, which has decided that they will forgo the legislated timetables for hearing cases, and just hear them in the order that they were received. This after they have run out of internal solutions to manage the ballooning caseload of arrivals crossing the border trying to flee the Trumpocalypse to the south of us, while being under-resourced and understaffed because this government has proven itself utterly incapable of making necessary appointments in a timely manner (Supreme Court of Canada excepted), and this is the mess we find ourselves in as a result.

Now, it needs to be reiterated that the IRB has a long history of problems in managing its backlog, and that it’s not just this current government that has been a problem, but the previous one as well, where they took a system that had an optimal number of cases churning through the system (essentially, there was no actual backlog) and threw a spanner in the works by deciding that they needed to reform the appointment process to involve an exam (which critics at the time declared was because they wanted to stuff it with their cronies). The result of this was a sudden backlog of files that they decided to try and tackle by legislating yet more changes to the system including new timelines, but if memory serves, those changes were criticised as not giving most refugee claimants time enough to get all of their documents in order or get a lawyer that they can trust to help them with their cases, particularly because many of these claimants are traumatized when they arrive and distrusting of authority; the end-result of that was going to mean yet more appeals and court challenges, because they also put in systems that tried to limit those as well. I’m not sure ever got that backlog cleared before the current government decided to reform that appointment process yet again, and here we are, broken process and a system struggling under its own weight, and awaiting yet more promised reforms that have yet to materialize. Slow clap to successive governments for continually dropping the ball on this file.

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Roundup: Urgent investigations

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With more video evidence that purports to show Canadian-made LAVs being used in Saudi Arabia against their minority Shia population, Foreign Affairs minister Chrystia Freeland has ordered an “urgent investigation” of the claims. At the same time, we’re getting some pretty usual reaction from the various opposition parties and their supporters, that portray the Liberals as being wide-eyed naïfs who had no idea that these vehicles could ever be used for such purposes.

While it’s easy for the woke supporters of opposition parties, who vociferously quote-tweeted the above statements (without assigning such labels to Loreto herself) to try and paint the Liberals as cynics on the issue, this ignores the very real fact that every party in the election was gung-ho about living up to this contract with the Saudis, and insisting that it would go ahead no matter what, because they wanted those jobs – particularly at the General Dynamics plant in London, ON. The fact that the opposition parties, while doing their jobs of holding government to account, are nevertheless speaking out of both sides of their mouths on this issue. It’s also easy to give facile talking points about how terrible Saudi Arabia’s human rights record is without going into the genuine strategic reasons why they’re an ally in the region, and why that complicates and adds a truckload of nuance into the relationship. And as we’ve discussed before, there is no “nice countries only” option when it comes to having an arms industry, and if you think that we can preserve those jobs without getting our hands dirty in the process, well, real life doesn’t work like that. There are trade-offs to be made, and we should be trying to have an honest discussion about it and what those trade-offs are. This chirping, like from our woke tweeter, is not an adult conversation, and does nothing to reflect the reality of the situation in any way.

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