QP: Offering succour to the grifters

In spite of the grifters outside, the House of Commons reconvened for its winter sitting, with a lot more MPs present than I would have guessed. In spite of testing positive for COVID, Justin Trudeau intended to attend virtually from isolation, but Chrystia Freeland was present in person. Erin O’Toole led off, script on his mini-lectern, sending his best wishes to Trudeau and his children for their COVID infections, before launching into a diatribe to give succour to the grifters outside and demanded that Trudeau meet them. Trudeau stated that the way out the pandemic is to get vaccinated, and 90 percent of truckers have already done so. O’Toole railed about “divisions” and demanded to know when life would get back to normal, for which Trudeau sympathised with the frustration but insisted that Canadians have been stepping up and getting vaccinated as a demonstration of unity. O’Toole switched to French to repeat his first question, for which Trudeau repeated that vaccines would be the way out of the pandemic. O’Toole then raised the possibility of a Russian invasion of Ukraine and demanded we send them arms, for which Trudeau insisted that they have always stood up for Ukraine, and that they have been delivering what they most need. O’Toole repeated the question in French, and got much the same answer.

Alain Therrien led for the Bloc, and he railed about the grifters outside, for which Trudeau said that while they support the right to protest, they will be firm in standing against violence and hatred, and assured him that police are there to protect people. Therrien complained that everyone is exhausted but that hatred was not the solution, before demanding concrete actions. Trudeau insisted that they would support Canadians throughout the pandemic.

Jagmeet Singh then appeared by video, to raise the Nazi and Confederate flags seen over the weekend, that O’Toole didn’t denounce it, and asked the Pm what he would do to oppose these people. Trudeau repeated that everyone is frustrated but vaccines was the way out of the pandemic. Singh repeated the question in French, and got much the same response. 

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Roundup: Another grifter convoy on the way

Sucking up much of the oxygen in the news cycle is this so-called “Freedom Convoy” on its way to Ottawa, which looks to be just a lame repeat of the Yellow Vesters convoy from 2019, which turned out to be a big damp squib once it arrived. It’s been organised by the usual network of right-wing organisers using a bunch of trumped-up bullshit (truckers are vaccinated at a higher rate than the general population), and is quickly becoming a catch-all for a bunch of other anti-vax/anti-mask nonsense, and some of their demands, like around vaccine mandates in restaurants, are squarely within provincial jurisdiction, so “blockading” Parliament Hill won’t do anything about it. And an organizer for the Maverick Party in Alberta set up a GoFundMe, which has amassed some $3.7 million in donations, but those funds are being held until the service can determine how the funds will be disbursed—not that it’s stopping said organiser, which is a pretty good signal that this is just more grift.

Of course, Conservative MPs are signing right up to this (and I have a column on this out later today), tweeting nonsense things like that the prime minister is pushing a “vaccine vendetta,” which makes no sense unless you’ve been infected with these kinds of hyper-partisan brain worms. And Erin O’Toole won’t give a straight answer as to whether he supports this convoy (as many of his MPs are tweeting), so one suspects he’s waiting to see which way the wind is blowing before he makes any kind of definitive statement, but it’s all looking very familiar with what his predecessor did in 2019 (who is also tweeting support for this convoy).

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Roundup: The inevitable comparisons will be flawed

It’s the anniversary of the Capitol Hill insurrection, so you can expect the media on both sides of the border to be full of thinkpieces about What It All Means™, particularly as America continues down the path of being a failed state. So while there is some good stuff out there, such as this good analysis piece, we’ll see some inevitable “what about Canada?” pieces out there as well. Case in point:

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To answer Wherry’s question, there aren’t the same structural weak points in Canada, because our system is far more robust than the Americans’ system. For example, the insurrection happened on the date that Congress had to ratify election results, which doesn’t happen here, because Parliament is dissolved for an election. Elections Canada, which answers to the Crown, does the work of verifying election results, and they have uniform rules around the country, unlike the US, where every state and county runs their own federal polls, and there is no uniformity and voting rights are a mess across the board. We don’t have their gerrymandering because we gave that to arm’s-length judge-run panels decades ago. Nothing could prevent a transfer of power, short of a recalcitrant Governor General, and in that case, there would be the recourse of going to the Queen, but even in those cases, things tend to work behind the scenes to prevent that eventuality from ever happening (because the first rule of constitutional monarchy is that you keep the Queen out of it).

Our structure is sound, but we do have a problem with bad actors because much of our system depends on people having a sense of honour or decency to do the right thing, and when they don’t, things get sticky. They tend to work out in the long run because it’s resilient—but if we go about codifying a bunch of things that operate by convention, we would likely find things being perverted even more so, because then the impetus to find ways around those written rules becomes apparent, rather than there being a broader spirit of the convention to be upheld. It also tends to lead to all kinds of unexpected consequences—Erin O’Toole weaponizing the (garbage) Reform Act is proof of that. And it’s hard to build systems to be bad actor-proof, because bad actors will find a way to exploit the system to their ends. We do need to fix some things in our system, such as the way we’ve bastardised leadership contests and turned them into quasi-presidential primaries, the broader point is that we don’t have the same structural vulnerabilities that the Americans have, which is a good thing, but we do need to be on guard to ensure that bad actors don’t get the chance to wreak havoc.

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QP: You should read a book or two

While the prime minister was in town, he was not in Question Period today, but his deputy was, so all was not lost. Candice Bergen led off, script in front of her, and she went off on inflation, accusing the finance minster of printing money so that she never runs out of bucks to pass. Chrystia Freeland read contradictory statements from different Conservative and wondered who was right. Bergen selectively quoted economists to assign blame for inflation. Freeland quoted former Bank of Canada governor Stephen Poloz that government spending is not the problem. Bergen was apoplectic and demanded federal action on inflation, to which Freeland again quoted Poloz, and then suggested the Conservatives read a book or two. Alain Rayes took over, and asked about the labour shortage in Quebec. Marco Mendicino, even though it’s no longer his file, reminded him they have been working with Quebec and hit a record high of temporary foreign workers. Rayes went another round, and got the same.

Luc Therrien led off for the Bloc, and raised the Environment Commossioner’s report, and then demanded the government cap the production of fossil fuels. Stephen Guilbeault appeared by video, and reminded him that the Commissioner’s report didn’t capture several new programmes from the government. Therrien was not mollified, and in response, Guilbeault listed measures they have taken that no other government has taken.

Don Davies rose for the NDP, and demanded that the government support lifting patent restrictions on vaccines manufacturing to help the developing world avoid new variants. Harjit Sajjan read about the government’s vaccine donations. Niki Ashton repeated the question in French over video, and François-Philippe Champagne reminded her of Canada’s support for COVAX and other initiatives to deliver vaccines.

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Roundup: Rejections without significance

Because it’s a story that refuses to die, we now know that both the Bloc and the NDP have rejected the four main votes in the (garbage) Reform Act, and now we await the Liberals, who will in turn doubtlessly reject it as well whenever they finally have their first official caucus meeting, and of course, we have political scientists trying to derive meaning from these refusals, as they have tried with the Conservatives agreeing to the four votes.

The simple truth, however, are that these votes really don’t matter because the legislation is garbage. The power to elect caucus chairs doesn’t require its adoption, as we’ve seen, and the power over the expulsion of caucus members is largely illusory anyway because it tends to depend on what the leader says either way. I would be hugely surprised if the caucus and the leader ever parted ways on whether or not to boot someone out of the club, as that would create a schism and be a sign that the leader was on the way out. As well, the power of the caucus to pressure a leader to resign is actually better off without the Reform Act because what the Act winds up doing is protecting the leader by setting a high threshold and requiring a public declaration to trigger a vote, which can invite retribution. It has been far more effective to push a leader out with one or two public declarations by brave members that signal the writing on the wall rather than demanding a twenty percent threshold.

In the Hill Times piece, the Act’s author, Michael Chong, pats himself on the back for codifying these sorts of caucus decisions, but codifying them is part of the problem. Our Westminster system tends to work best under conventions that aren’t codified because it affords them flexibility and the ability to adapt, whereas codification is inflexible, leads to testing of the system and the pursuit of loopholes and getting around what has been codified. It’s the same with setting that threshold to push out a leader – it winds up insulating the leader more than empowering the caucus, and we’ve seen leaders resign with far less pressure than what this codified system affords, not to mention that by Chong codifying that party leaders must be selected by membership vote in the actual Parliament of Canada Act as a result of this garbage legislation, he has made it even harder for parties to return to the proper system of caucus selection and removal of leaders as we need to return to. Chong has screwed Parliament for a generation, and it would be great if the talking heads would stop encouraging him.

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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: No, fixed election dates don’t give the GG unconstitutional powers

The “debate,” if you can call it such, over Jagmeet Singh’s decision to undermine Her Excellency Mary Simon by publicly writing her and telling her to refuse the advice of the prime minister who commands the confidence of the Chamber just got more ridiculous, as Andrew Coyne decided to weigh in yesterday (and no, I’m not going to link because hate clicks are still clicks). Coyne contends that the fixed election date law empowers the GG to turn down such a request, and “proves” it by quoting testimony from former justice minister Rob Nicholson at the Senate committee.

No. Just…no.

The logic in Coyne’s argument can’t hold because the Governor General’s role in accepting the advice of the prime minister who enjoys the confidence of the Chamber is the very basis of our constitutional framework under Responsible Government. The only discretion she might have over dissolution is when a request is made shortly after an election – that’s it. Nothing a simple statute, like the fixed election date law, can change a constitutional element, and there is jurisprudence to back this up, particularly the doomed attempts at trying to get the courts to uphold the fixed election date legislation, which they dismissed (including the Supreme Court of Canada). Fixed election date legislation is an empty shell – a bit of theatre and attempt to Americanise our system, and is antithetical to how Westminster systems operate – it shouldn’t be on our books as a result. There is no way that it could empower the GG to do away with constitutional norms to refuse dissolution, and if she did refuse, the prime minister would be obligated to resign, and we’d be in an election regardless. It’s ridiculous and wrong to suggest otherwise.

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What is even more ironic about this whole situation is that Jagmeet Singh and Coyne himself will often rail that the “undemocratic Senate” shouldn’t be allowed to exercise their constitutional powers to veto legislation, and yet they are demanded that an appointed Governor General exercise powers that she doesn’t actually have under the constitution. It’s bizarre, and it’s a lot of bullshit masquerading as principle.

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Roundup: Cue the emergency committee meeting

It wouldn’t be summer if we didn’t have an emergency committee meeting of some sort, and we got just that yesterday, as the Conservatives triggered the recall of the Access to Information, Privacy and Ethics committee with an eye to opening an investigation into Liberals contracting database services from a Liberal-friendly company, headed by a personal friend of the prime minister’s. The party has claimed that this is for constituency services, and that there is no data going to party databases (as has been the case with the Conservatives and their own constituency data in the past), and that all of the rules have been followed, but the Conservatives have a narrative they need to feed, so there it went.

In the end, it got nowhere. The Liberals managed to stymie the proceedings long enough for the Bloc MP to side with them in opting not to pursue the matter, but along the way, they (correctly) suggested that this is a matter best suited for the Board of Internal Economy, which deals with MPs’ resources and allocations, and these payments have been coming out of MPs’ office budgets. Of course, the Conservatives (and to an extent the NDP) can’t put on a public dog and pony show at BOIE like they could at the ethics committee, so of course they had no interest in pursuing that course of action – especially after the Liberals also wanted the Conservatives’ database practices included in their referring the study to BOIE.

This isn’t to say that there aren’t issues that could be better explored here, the chief of which is that political parties are exempt from privacy legislation, so there aren’t many effective firewalls around the use of constituency files. And hey, that would be something that the Access to Information, Privacy and Ethics committee should be tackling, because it’s right in their mandate! One Conservative MP also suggested that perhaps the House of Commons build their own constituency file management system so that parties don’t have to contract their own systems, which may not be a bad idea – but it’s one that BOIE would tackle, not the ethics committee. And the point of this exercise was about the dog and pony show, not anything of substance, which is one more reason why this particular session has turned toxic.

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Roundup: Where is the civilian control?

Something rather unusual happened yesterday in that both prime minister Justin Trudeau, and his deputy, Chrystia Freeland, publicly panned the decision by the Chief of Defence Staff to keep the head of the navy on the job after he went on that golf game with the former CDS, General Jonathan Vance, while Vance is under active investigation for past sexual misconduct. But it’s pretty crazy that this happened given how things work under our system.

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This boils down to Harijit Sajjan and the fact that he’s not doing his job as minister. He is supposed to be the person in Cabinet who does the civilian control, who manages the CDS, and who ensures that the CDS is doing his job properly, but Sajjan hasn’t been doing that job. If he were, then he wouldn’t have been so incurious as to why the investigation into Vance never took off when the former military ombudsman brought forward the allegations, and he would have taken the opportunity to cycle Vance out of the job and put in someone new rather than renew Vance for another term. These are all things were things Sajjan should have done and didn’t do.

Trudeau, however, keeps insisting that Sajjan is the right person for the job, that he’s not part of the old boys’ club, but that’s part of the problem – Sajjan was an active member of the military when he got elected and had to process his resignation papers while he was named to Cabinet, because technically at that point, the CDS outranked him, which is not good when Sajjan is supposed to be exercising civilian control. That’s why we shouldn’t put former military people into the role – they are not civilian control. This can’t be stressed enough. Sajjan shouldn’t have been put in the role, and hasn’t properly done his job since he’s been in it. It’s time for a new minister, and the sooner the better.

Programming note: I am making a long weekend for myself, so no post tomorrow or Saturday. See you next week!

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QP: Not a question, but a direct plea

On what promises to be the second last QP of the spring sitting, the three opposition leaders were all present, while Justin Trudeau as only available remotely, being in quarantine, once again leading only Mark Gerretsen in the Chamber. Erin O’Toole led off in person, in French, where he read a script about the military ombudsman’s comments on ministerial interference in investigations. Trudeau assured him they were working on the structural and cultural change necessary, including appointing Louise Arbour to reviewing the situation. O’Toole repeated the allegations in French, but didn’t phrase it as a question, but turned it into a plea to Canadians to vote out the Liberals. Trudeau repeated his same response in English. O’Toole then turned to the non-story about the Liberals paying for data services to a company owned by a friend of the prime minister. Trudeau stated this was for constituency casework, which was kept separate from political databases, and all rules were followed. O’Toole tried to turn this into an expansive statement about Liberal “corruption,” and demanded to know if any other contracts were given to Tom Pitfield, and Trudeau talked around the Conservatives slinging mud and hoping to see what would stick. O’Toole produced a document that claims that a contract was given to Pitfield, and Trudeau reiterated that the Conservatives were only focused on narratives and not facts, that all parties use case management databases, and all rules were followed.

Yves-François Blanchet led for the Bloc, in person, and complained about the new border measures announced yesterday, complaining they were arbitrary. Trudeau insisted this was part of a gradual reopening and more stages would be announced soon. Blanchet complained there were more rules than variants, and Trudeau said that while the leader of the Bloc may want simple answer, but they needed to ensure that Canadians were kept safe. 

Jagmeet Singh led for the NDP, and he railed about that military ombudsman’s report, and Trudeau read that they have been committed to structural and cultural change, and that they have taken more concrete actions recently, including some new appointments and $236 million in the budget. Singh switched to French to complain that some benefit were being reduced, and Trudeau recited that they were there for as long as Canadians needed them, and pleaded with the NDP to pass the budget.

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