Tag Archives: GLBT

Roundup: Cynical procedural gamesmanship

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Thursday night’s tantrum vote-a-thon ended mid-morning on Friday, long before it was supposed to have run its course, and no, the government didn’t capitulate and turn over that report that the Conservatives have been portraying as some kind of smoking gun for months now. No, after hours of high-minded exhortations that this, on the anniversary of the signing of the Magna Carta, was about no taxation without information, or that this was some kind of cover-up by the government intent on raising the cost of living for everyone, they decided to pull the plug as soon as the clock struck ten. Why? Because at that point, it would be too late to start Friday sitting hours in the Commons, and thus cancelling the day’s planned debates around the cannabis bill (where they would have finalized debate on the Senate amendments and send it back to the Upper Chamber). It is probably one of the most cynical procedural stunts that I have seen in all of my time on the Hill, dressed up as bringing attention to the so-called “carbon tax cover-up,” which is itself a cynical disinformation campaign.

Worst of all was the hours of sanctimonious social media warfare that was sustained throughout it, whether it was the Conservatives dressing this up as some righteous fight over the refusal to release the information (which, let’s be clear, was apparently a projection based on the campaign platform that would mean nothing given that the carbon pricing plans will be implemented by provinces, and where the revenues will be recycled by those provinces and is largely irrelevant to the discussion), or the Liberals crying that the Conservatives were keeping them away from Eid celebrations in their ridings (so much so that Omar Alghabra accused the Conservatives of Islamophobia, and then the real wailing and gnashing of teeth started). It was so much self-righteous bullshit, and it made everyone look bad.

The Trinity Western decision

Yesterday the Supreme Court of Canada ruled that the law societies of BC and Ontario could decide not to accredit the graduates of evangelical Trinity Western University’s proposed law school on the grounds that the mandatory covenant that students are expected to sign infringes on the rights of LGBT students, particularly because it mandates that any sexual activity they engage in must only be within the confines of a heterosexual marriage. Of course, it’s more technical than that, because it boils down to standards of reasonableness with the decision that the Law Societies as accrediting bodies can engage in, and I can’t pretend to understand the nuances of it all – but the very smart legal minds that I follow had some trouble wrapping their minds around it all as well, because the balancing of rights is a difficult issue. Some of the legal minds I follow felt this was one of the worst decisions in years, but I’m not sure how much of that is ideological either. It’s also worth noting that this was the last decision that former Chief Justice Beverley McLachlin participated in.

In reaction, here are three legal reactions to the decision, while Chris Selley worries about what it means for religious freedom, and Colby Cosh looks at what the decision means for the Supreme Court, paying particular attention to Justice Rowe’s concurring decision on the meaning of freedom of religion.

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Roundup: More Bernier fallout

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Because we can’t stop talking about the Maxime Bernier “ouster,” if it can really be called that since it was more a demotion than anything, but it still got all of the tongues wagging, and all of the reporters cornering every Conservative they could find. And most of those Conservatives downplayed the whole thing, Erin O’Toole going so far as to say that hey, there are other shadow cabinet changes coming so no big deal. The underlying message was that Bernier “broke his word” about the book chapter, which is a semantic game, but given some of the various dynamics in play, it’s hard not to try and find additional drama into the whole affair.

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That Rob Silver tweet may be even closer to home than most people want to admit. I have to say that there have been some pretty spectacular expectations heaped on Bernier, particularly because he speaks to a certain slice of the party, but perhaps in a more superficial way than they want to believe. After all, many of the Ayn Rand-readers are desperate to attach themselves to someone in the party who represents them (never mind that this isn’t a party of libertarians or even economic conservatives, but right-flavoured populists), so he was someone that they could pin those hopes to, ignoring a lot of what he actually said and did. His lack of judgment when he was foreign affairs minister under the Harper government was stunning, both in his intemperate comments in Afghanistan, or with the security of documents with his then-girlfriend. During the leadership campaign, he would sign off on social media campaigns that dogwhistling to MRAs before claiming he didn’t know about the connotations of “red pills” and so on (and knowing who was running that campaign, they couldn’t not know what it meant). And his constant self-promotion in opposition to Scheer post-leadership is another sign of poor judgment. And really, we shouldn’t discount this particular bit of reasoning.

In further analysis on the whole brouhaha, John Ivison keeps his ear to the ground in the caucus and wonders if Bernier’s ouster from shadow cabinet may force a rift in the party given how close the leadership vote was. Chantal Hébert notes that it was probably a matter of time before things with Bernier came to a head (as she suggests he’s not too well-liked among his Quebec colleagues) and that the by-election timing made it something Scheer couldn’t ignore. Andrew MacDougall sees this as a failing by Scheer to manage his caucus, not properly communicating with Bernier when necessary, and keeping him outside of the fold at a time when he should have drawn him in to get his cooperation on the issue at a time when it’s under attack by the likes of Trump. Andrew Coyne similarly sees this as a failing by Scheer, but for the fact that he has bought into the line that caucus must sing from a single song sheet, particularly on an indefensible policy like Supply Management. Colby Cosh sees not only political games from Bernier, but explicit quid pro quo from Scheer for his dairy supporters who (allegedly) put him over the top in the race (though I’m not sure we have any actual proof of this), and that those dairy lobbyists have successfully leveraged intra-party dynamics to their advantage.

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Roundup: Curiously speedy swearing-in

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With the final vote in the Senate today on the cannabis bill, there have been a few interesting developments, starting with the fact that the government has been making appointments – there was one on Friday, and two more were announced yesterday, and what’s even more curious is how fast they are being sworn in. The two named yesterday will be sworn in today, while the one named Friday was sworn in Monday is already voting on amendments to C-45 despite not having been there for any of the debate or committee testimony. Normally when senators are named, there are a few weeks between their being named and being sworn-in so that they can get all of their affairs in order, which makes this curious, and like it’s looking like Trudeau has been making panicked appointments with the fate of C-45 in the air. And what’s even more curious is the fact that it’s not the Conservatives who are the problem, since they don’t have the numbers to defeat it, but it’s the independent senators who are no longer voting as a bloc but have swung different amendment votes in different ways.

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Of course, Conservatives are already promulgating the conspiracy theory that because the provincial nomination committees are largely vacant that these are all hand-picked by the PMO, but in truth, the PMO is sitting on over a hundred vetted names on the short-lists, and these new appointments are all coming off of those lists, where they’ve been languishing for months. So not a conspiracy – just poor management to the point of incompetence.

Meanwhile, some 40 amendments have been passed, with several more defeated, and the government engaged in a bit of deal-making to assuage the concerns of Indigenous senators who wanted to put in an amendment to delay implementation until more consultation with Indigenous communities had been done. The health and Indigenous services ministers instead offered a number of measures and funds to ensure there was access to production, and culturally-appropriate addictions treatment services. One Conservative senator accused those Indigenous senators of capitulation, before she was slapped back by Senator Murray Sinclair for her patronising tone. One could argue that this means that the government is listening to the concerns that are raised, so we’ll see how much follow-through there is.

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Roundup: Justifying a belligerent tone

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Two days after the American tariff announcements, and I found myself still struck by the tone that the federal Conservatives have adopted with this, squarely blaming Trudeau rather than the uncertainty engine known as Trump, and engaging in the same kind of disingenuous narrative-building to justify their stance. In particular, they have been trying to claim that when Trudeau made his tour of steel and aluminium plants earlier in the year, that it was a “victory tour,” which is vastly different from how I remember it. Back then, it was about reassurance and the prime minister wanting to tell them that he had their backs and given that the government was ready for these tariffs to happen and had a package of retaliatory measures ready to go, it means that they didn’t take the reprieve for granted – entirely negating the premise of the Conservatives’ attack lines. Not that facts matter. They are also insistent that the Trudeau government has allowed itself to get “distracted” by the feel-good chapters around labour and gender in NAFTA negotiations, which again, is novel if you pay the slightest amount of attention to what’s been going on. But this isn’t about truth – this is about building their narrative that Trudeau is a dilettante who is incompetent and that the Conservatives are the real grown-ups in the room (despite evidence to the contrary). And because people have let Scheer and company lie with impunity on all sorts of files for months now, they feel emboldened to take this course of action, despite how gauche or out of step with other conservative voices in the country it may be, because they see this as their long-term game plan. And we’ll see if any of those voices call them out on it.

As for the impact of the tariffs, it turns out that they could have a far less detrimental impact on Canada’s aluminium industry because it exports more product to the US than we do steel, and America’s own smelters are older and less efficient than Canadian ones, meaning that these tariffs won’t do anything to help support the US industry, and American producers say that they could do more harm than good. Steel, of course, is a different story. The whole tariff issue, meanwhile, could mean that the lock that the American arms industry has on our military procurement may be at an end, and that our Forces may start looking to Europe for equipment instead – something that may actually be more affordable, but the tendency had been to buy from American producers under the guise of “interoperability” with American forces. As for the American companies facing retaliatory tariffs, well, they’re still learning about them, but most don’t seem too concerned. At least not yet. And many Republicans and businesses are lashing out at Trump for the move – including anchors at Fox Business.

In further reaction, Andrew Coyne believes that the sheer size of the US economy means that our retaliation will come to nothing, and even if we coordinate with other countries, we’re unlikely to change Trump’s mind, so better to work to contain the US presidency. Susan Ariel Aaronson suspects that the tariffs will weaken America’s national security interests rather than strengthen them, as Trump has used as the excuse to enact them, while Andrew MacDougall thinks that Trump’s move may benefit Doug Ford, who pledges to lower taxes and cut red tape that may appeal to people who think this can help keep Ontario’s economy competitive.

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

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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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QP: Performative abortion politics

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The Commons was on Wednesday hours to give Conservatives the ability to go to the funeral for Gord Brown earlier in the day. Justin Trudeau was off to Saguenay, Scheer still at the funeral, and even Guy Caron, who is always present Monday to Thursday, was absent. Alain Rayes led off, and demanded that the government hold off on legalising marijuana until all police forces in Canada were equipped and trained to deal with drug-impaired driving. Catherine McKenna got up to reply, and instead brought up Ted Falk’s outburst yesterday about women not having the right to choose, and invited the opposition to recant that position and affirm a woman’s right to choose. Rayes claimed that the words weren’t spoken in the House — not true — and he repeated his question. McKenna repeated her own admonition, and Rayes tried a third time, and this time Ginette Petitpas Taylor responded that they were working with partners to ensure a responsible transition. Diane Finley repeated the question in English, and this time Ralph Goodale got up to remind her that drug-impaired driving is already an issue, not a future one, and that he’s glad they now support Bill C-46 and should encourage the Senate to pass it. Finley tried again, and Goodale elaborated that it’s already in the Criminal Code. Ruth Ellen Brosseau led for the NDP, accusing Kinder Morgan of having privileged access to the government. McKenna retreated to her usual platitudes about the environment and the economy going together, and when Brosseau tried a second time, Marc Garneau assured her that the Trans Mountain pipeline was in the national interest. Nathan Cullen got up to accuse Kinder Morgan lobbyists of attending Liberal fundraisers, to which McKenna reiterated her previous platitudes. When Cullen laid on further sanctimony, McKenna noted that it went through a full review, and it would go ahead.

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QP: Tax credits vs carbon taxes

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While Justin Trudeau was away in Toronto, Andrew Scheer was absent once again (despite having been in Ottawa for the National Prayer Breakfast), leaving it to Lisa Raitt to lead off, worrying that Atlantic Canadians haven’t had a real wage increase which would be made worse by a carbon tax. Catherine McKenna reminded her that climate change impacts will make things worse and more expensive, and wondered why the other party didn’t have a plan. Raitt concerned trolls that high fuel prices would mean people can’t make choices to walk, to which McKenna turned the concern around to point to the children in the Gallery and the world they will inherit. Raitt demanded the government support their Supply Day motion about not imposing carbon taxes, and McKenna reminded her of the costs of climate change, and the trillion dollar clean energy opportunity. Alain Rayes then raised in French all of the tax credits that the government cancelled to decry the imposition of a carbon tax, to which McKenna again asked what the Conservative plan was. After another round of the same, Guy Caron was up next for the NDP, raising the changed candidate for the new Chef Electoral Officer, to which Brison reminded him that they should respect the privacy of those who engage in the appointment process. Caron asked again in English, to which Brison reiterate his admonishing. Hélène Laverdière was up next to raise the federal report on use of Canadian LAVs in Saudi Arabia, questioning its veracity. François-Philippe Champagne reminded her that they are passing legislation to strengthen control of arms abroad. Laverdière quipped that the bill has holes in it, and then reiterated the question in English before calling on the government to suspend arms exports to Saudi Arabia. Champagne reiterated his remarks about the bill, thanking MPs for their input.

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Roundup: A possible missed deadline on election laws

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With a ticking clock over their heads – one whose useful time may already have passed – the government unveiled a new bill yesterday to reform the country’s electoral laws, to not only roll back changes that the previous government made around voter ID, that people complained made it harder for people to vote, while also enhancing some privacy safeguards, and limiting the writ period to 50 days while imposing more spending limits on pre-writ and third-party spending (so long as there’s a fixed election date). In the event that you thought there was already a bill on the Order Paper to roll back those Conservative changes, well, you’d be right, but they’ve abandoned it and rolled those changes into this new bill – a tactic they have been using with increasing frequency for whatever reason. Of course, Conservatives are already grousing that the Liberals are trying to make voter fraud easier by reducing the ID restrictions – never mind that they were never able to prove that there were problems with the pre-existing system, with one MP being forced to apologize for misleading the House after insisting that he saw people collecting voter registration cards when he actually just made the story up. But why ruin a narrative about the Liberals trying to game the next election?

The point about timing is going to be a tough one, because ideally these changes should have been made months ago if Elections Canada was to have enough time to ensure that they’ll be in effect for 2019 – and this also has to do with their need to migrate to a new data centre in advance of that election. Why the government couldn’t get this bill out months ago – or advance the previous bill on electoral measures, for that matter – is a question that they have yet to answer. As to whether Elections Canada can make these changes in time, the fact that there is now a bill that they can look to could mean that they’ve been saved in time – maybe – but we have yet to see how long it will take for them to bring it to debate and get it to the Senate, which has been keen to both amend bills and take their time doing it.

Meanwhile, Elections Canada is working with CSE and outside contractors to provide iPads to polling stations in the next election for things like voter registration so that they can eliminate some of the paper systems at advanced polls. In other words, trying to speed up the process electronically while still keeping the paper ballots that are so necessary to have proper accountability in our system.

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Roundup: The struggle of independent senators

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Despite the news being a day-old yesterday, the departure of Senator David Adams Richards from the Independent Senators Group got a bunch of tongue wagging, and even more wannabe comedians making lame jokes about Senate independence. Richards stated repeatedly over the past two days that he wasn’t pressured to vote or do anything by the ISG, but wanted to be “truly independent,” though I’m not sure he quite understands what he’s signing up for. Amidst this, the memo written by Senator Gold to his ISG colleagues about his conflict with just how independent they can be without defeating government bills also hit the news (despite the fact that I wrote about this in my weekend column), which got even more wannabe commentators to start opining about who is really independent in the Senate without having a clue about what is going on. (I will credit Althia Raj as being the only person who did have a clue yesterday, so there’s that).

So, to recap, the Independent Senators Group don’t whip votes or force attendance but organize for the purposes of logistics and to advance the cause of Senate modernization. Logistics include things like allocating office space, and also things like committee assignments, because of the way the Senate operations work, spots are divided up between caucuses, and the ISG is granted their share of committee seats. Any senators outside of the three caucus groups have a much tougher time of getting those committee seats. This is something that Richards is going to face if indeed he wants to do committee work. If he doesn’t, well, that’s going to be an issue because much of the value of the Senate comes from their committee work, which is superior to committee work coming out of the Commons by leaps and bounds.

As for the struggle for how independent Senators should be, part of the problem is that they’re getting a lot of bad and conflicting information, much of it coming from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, who is deliberately misconstruing both the history of the Senate, the intent of the Founding Fathers, and how the Senate has operated for 150 years. Part of this stems from the fact that he refuses to do his actual job – he won’t negotiate timelines with the caucuses because he thinks that horse-trading is “partisan,” and he wants to ensure that government bills can’t get defeated by means of a Salisbury Convention so that he doesn’t have to do the work of counting votes to ensure that he can get those bills passed. And the Independent Senators are caught in the middle of this, too new to understand what is going on, and getting a lot of bad advice from people who are trying to force their own ideas of what the Senate should look like, and they’re afraid of accidentally defeating a government bill and having public opinion turn against them as being anti-democratic, and the like. So there are serious issues being contemplated, and the commentary coming from the pundit class right now, who think they’re being clever but who actually don’t have a clue about what they’re talking about, helps no one. And if people want to grab a clue, I have a collection of columns on the topic they can read up on.

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Roundup: Convention resolutions to be forgotten?

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Coming out of the Liberal policy convention, the party’s top five resolutions were pharmacare, mental health, decriminalizing small amounts of drug possession, decriminalizing sex work, and protecting pensions. Some of the resolutions are controversial to members of caucus, and there’s no guarantee that any of these will show up in the party platform (or the Order Paper beforehand) despite its what the grassroots members allegedly want (big caveats here given how centralized and top-down this process has become under their new constitution), but maybe there will be pressure to implement them. Maybe. Trudeau doesn’t seem keen on decriminalization talk while the marijuana bill is still being debated (and he’s expending political capital on it).

Their big exciting Obama-connected guest (because that’s what the Liberals and NDP have grasped onto for the past eight or nine years) was David Axelrod, who said that the party needs to show that they are still change-makers and not the status quo, while he and Gerald Butts talked about political life. Dr. Danielle Martin, who makes the case for healthcare in the US, spoke about the need for universal pharmacare in Canada. Among the ministers who got up to speak to delegates, Ahmed Hussen talked about being racially profiled while he encouraged Liberals to combat racism. Trudeau’s own speech to the faithful included its share of digs at the Conservatives as still being the party of Harper, so good thing they can still draw on that particular bogeyman. New party president Suzanne Cowan spoke about how they all needed to be fundraisers going forward. And hey, the rank-and-file members were expressing some particular concerns about the rash of self-inflicted wounds that the party keeps enduring.

And because it wasn’t all sunshine and roses coming out of the convention, MP Francis Drouin is now facing an allegation of sexual assault from an incident that happened during the convention, and he’s put out a statement to say that an allegation has been made and he’s cooperating with the investigation – nothing else. It’s probably worth noting that there were harassment workshops at the convention that both Justin Trudeau and Kent Hehr attended, and the facilitator of said workshops noted that Trudeau simply listened and took notes throughout, which impressed her. So we’ll see what transpires from here.

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