Roundup: Closer examinations of Canadian populism

The topic of populism has been coming up a lot lately, in a variety of contexts, and there were a couple of interesting discussions around it in the Canadian context over the past couple of days. One is an examination by Frank Graves and Michael Valpy that looks at some of the demographic factors in Canadian populist sentiment, and digs out some interesting things like broader support among male millennials, and even some immigrant communities (though I would note that it’s not that difficult to get immigrant communities to turn against other newcomers – particularly asylum seekers – a technique that Jason Kenney tried very hard to exploit when he was federal immigration minister. The piece is worth digging into, and I had to read it a good two or three times before I started to appreciate a lot of what was contained within.

Another interesting piece was a look at the construction of Alberta conservatism, which goes beyond fiscal and social conservatism – indeed, when polled on values, much of the province actually skews toward fairly centrist values – and yet they disproportionately gravitate toward conservative parties out of a sense of brand identity, which is particularly curious, though one should note that political parties have been losing their ideological bases in favour of left-and-right flavoured populism over the past number of years. And populism is very much a factor in the Alberta voting populace, as the examination shows, which includes the distinction of populism as something that appeals to the “pure” homogeneity of a “people.”

To that end, here’s a good thread that digs into what sets populism apart from democracy, and why it’s something we need to pay attention to as this becomes an increasingly important part of the Canadian discourse.

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Roundup: Notley mandates a cut

Alberta premier Rachel Notley decided that she will mandate an 8.7 percent production cut, starting on January 1st, in the hopes that it will help to finally drive the price of oil back up, seeing as this is a supply and demand problem and there is too much supply in the system. But as far as “immediate action” goes, waiting another three weeks doesn’t seem very immediate (though I’m not sure what is involved in scaling back production), and it’s not a solution that makes everyone in the market happy given that some players weren’t taking as big of a hit by the large price differential.

Reaction has been swift, and while Jason Kenney says he supports it, he and Andrew Scheer are quick to blame the federal government for the situation. Natural resources minister Amarjeet Sohi responded with a thread that basically said that they inherited most of these problems – and he’s right about that – but he laid out the supports they’ve given the industry. I’m not sure that in the race to pin blame that anyone is looking at the history of the industry – there was no push to sell oil to overseas markets before recently because America was always seen as an easy import market with an insatiable appetite, because nobody saw the shale revolution coming. That’s no one government’s fault, and it’s difficult to turn an industry around in a mere couple of years. And Kenney and Scheer keep insisting that if Trudeau hadn’t killed Northern Gateway or Energy East, things would be just fine – except of course that it’s just as likely that Gateway would still be tied up in interminable court injunctions because it was the more fraught project to begin with, and Energy East wasn’t economically viable once Keystone XL was back in the picture, but why spoil a narrative with facts?

Meanwhile, New Brunswick’s new premier is hoping to revive Energy East, under the belief that it was just regulatory problems that killed it rather than the economics, particularly because the proponent didn’t have enough supply contracts to fill both it and Keystone XL. Also, the proponents who think this will displace foreign oil know that unless they shell out to retool the existing refineries, it won’t actually serve their markets, and that they would also be demanding that Alberta swallow a $10/barrel discount, right?

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Roundup: Saudi oil and AG reports

While the issue of Saudi Arabia continues to make headlines, Chrystia Freeland insisted that she doesn’t consider the case closed and more sanctions are being contemplated. She also said in QP yesterday that no future export permits will be granted to the kingdom (in reference to the LAVs we’ve been selling to them).

Of course, when I tweeted this, my reply column filled up with a bunch of indignant people who demanded to know when we would stop buying Saudi oil and use Alberta oil in Eastern Canada instead. Let me assure you that it’s never going to happen. If we don’t buy Saudi oil, it won’t impact their bottom line in the slightest. The amount we import from them is a rounding error on their books. Add to that, Energy East was never about domestic supply – it was about export via the long route. If by some miracle, a future Andrew Scheer government not only built said pipeline and they demanded that Eastern Canada start using Alberta oil, he would essentially be demanding that Alberta take a $10/barrel discount on that oil, because economics. I seem to recall a former prime minister who remains demonised in Alberta to this day because he wanted to ensure domestic supply, which would mean Alberta got a lower price for their barrels. Why would Scheer want to repeat that very same policy, but wrapped in an “ethical oil” cloak?

Auditor General’s report

Yesterday was the fall report of the Auditor General, and there were reports on:

  • The fighter jet procurement programme got a spanking, and particular attention was paid to the retention problems around pilots and mechanics.
  • Security at many of our embassies is falling behind; the government blames the Harper era for lack of investment.
  • The military isn’t stamping out harassment as quickly as it should because there is no coordination in its programmes, resulting in a number of gaps.
  • There is a lack of both a strategy and budget for rural Internet connectivity.
  • CRA gives people inconsistent treatment, and where you live can determine how friendly your local regional tax office is.
  • Inmates eligible for parole are being kept in prison for longer than necessary because of a lack of halfway houses and parole officers.
  • The lack of coordination between departments means the government may not even know which historic buildings they own.

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Roundup: An oil conundrum

There’s an interesting conundrum happening in Alberta, where the premier and industry leaders are talking about production cuts owing to the supply glut and lack of refining capacity in the US being responsible for near-record lows for Canadian exports. The problem of course is whether the premier should use powers that haven’t been exercised since the days of Peter Lougheed, or if oil companies should voluntarily reduce their own production – and if they do, does this constitute price-fixing? There isn’t any easy solution to any of this, and it’s not just build more pipelines – they would only need to be pipelines to tidewater in order to find markets not hampered by the current refining shutdowns in the US, and that are prepared to take heavy oil and diluted bitumen. It’s also a bit on the unfair side to say that it’s simply “regulatory and political” challenges – as we’ve seen from successive court decisions is that attempts to take shortcuts and to weasel out of obligations is what’s causing delays and to have permits revoked. In other words, part of the problem is self-inflicted, and they try to hand-wave around it by crying “national interest” as though that makes it better.

Here’s a lengthy but good explanatory thread from Josh Wingrove, and it’s well worth paying attention to, because there’s a lot of demagoguery floating around about the issue, and it pays to be informed about why prices are low, and why it’s not something you can wave a magic wand to fix.

https://twitter.com/josh_wingrove/status/1062817943812218894

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Roundup: Targeting the journalists

It has become increasingly clear that the Conservatives plan to wage war against the media as part of their election strategy, which you’d think is funny because We The Media aren’t running in the election. The problem is that this isn’t actually about the media, but rather about undermining the foundations of the institution and the trust that people place in it. Why? Because in the wake of the growing success of populist leaders and movements, they’ve decided to abandon all shame and simply straight-up lie. Most of the media won’t call them lies, because they tend to aim for both-sides-ism “balance” that tends to look like “one side says this, the other side says that, you decide” in its construction, and Scheer and company have decided to exploit that for all it’s worth. And if you do call them on those lies, well, you’re the one who is suspect, whose motives are driven by partisanship, or because you’re looking for some kind of government job, (or my favourite, that I’m allegedly performing sexual favours for the PM).

What I find particularly rich are the Conservatives operatives behind this campaign of harassment is how they insist that they don’t rise to Trumpian levels, but you could have fooled me. They may not say “fake news,” but they intimate it at every opportunity. And if you call them out on a lie (which doesn’t happen often), then they go on the attack. It’s happened to me on numerous occasions (and usually the attacks are themselves wrapped in more lies and distortions), but then again, I’ve also decided to call a lie a lie and not couch it in both-sides-ism. As much as they insist they’re just “pointing out specific inaccuracies” or “countering criticisms,” that’s another lie, and we all have the receipts to prove it.

In the meantime, they’ll content themselves with this sense of martyrdom, that they’re just so hard done byfrom the media, that the coverage of the Liberals is “glowing” while we do nothing but attack the Conservatives (have you actually read any reporting?) and that apparently the pundits are all taking the Liberals’ sides (seriously?) and that justifies their need to “go for the jugular.” But when you’re accustomed to blaming others to assuage your hurt feelings, you think that your attacks righteous, and that’s where we are. So yeah, this is going to get worse, it’s going to get Trumpian, and they’re going to keep insisting that they would never demonise the profession, but don’t believe them. It’s in their interests to undermine journalism, and they lack any shame in doing so.

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Roundup: Not appealing, just consulting

First thing yesterday morning, the federal government announced that they were proceeding with restarting consultations with First Nations affected by the Trans Mountain Expansion pipeline, and that they had tasked former Supreme Court of Canada justice Franc Iacobucci to oversee the process. Iacobucci has done a great deal of work around the Duty to Consult in recent years, as this report that he wrote with law firm Torys LLP demonstrates, along with work he’s done with Ontario over the underrepresentation of Indigenous people on juries in the province. Indigenous groups in the region have responded with some optimism, but are also warning that these consultations can’t come with a predetermined outcome if they’re to be meaningful (which may be too far to go given that the government has stated that this project will go ahead). Some of those Indigenous communities are also looking at the fact that this process could allow them to talk more amongst themselves.

https://twitter.com/coreyshefman/status/1047512242109997056

https://twitter.com/coreyshefman/status/1047512244303663104

https://twitter.com/coreyshefman/status/1047512246660808704

https://twitter.com/coreyshefman/status/1047512248716087297

Meanwhile, Rachel Notley and Jason Kenney (among others) are bellyaching that the government has opted not to appeal the Federal Court of Appeal decision to the Supreme Court of Canada, and yet not one of them has articulated what the error in law they are looking to contest would actually be, which is kind of a big deal if they think the Court will hear it. It’s also not clear that an appeal would get them any clarity anytime soon, given that the Court usually gives about six months between granting leave and hearing the case in order to provide time for submissions, and then a decision could take another six months at least – possibly more if it’s a contentious issue, like this one is.

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Roundup: Triumphalism after a defection

Andrew Scheer took the occasion of caucus day yesterday to give another lap of triumphalism in order to crow about Leona Alleslav’s defection to his party, calling her a symbol of “misplaced trust” by Canadians in Justin Trudeau. And, feeling his oats, he told Trudeau to “bring it on” when it comes to defending a carbon tax in the next election. Now, cheerleading films aside, Scheer may want to be very cautious about his plan to go full-bore on the carbon tax attack, given that those provinces who have decided to fight the plan and have the federal government impose their backstop price instead may find that instead of their citizens benefitting from lower income taxes or provincial rebates, they’ll instead be getting their rebate cheques from the federal government, which is a pretty visceral thing for most people. Add to that, a study coming out next week says that it’s likely that people will be getting more back in those rebate cheques than they paid into carbon taxes because of dividends from industrial emitters being returned to individuals, which could be a blow to the message that Scheer is trying to send about affordability.

In amidst this, Scheer has been trying to press the case for Energy East, demanding that Trudeau bring Trans Canada back to the table in order to discuss reviving the project. The problem, of course, is that there is no economic case for Energy East. At one point, it was seen as a viable route to tidewater with no others in the works, but that changed with the approval of Trans Mountain (err, temporarily delayed right now), and Keystone XL, which Trans Canada also is the proponent of, and there wasn’t enough product to fill both KXL and Energy East, so they focused on the more viable project – KXL. Scheer has also tried to insinuate that Energy East would displace Saudi oil in Eastern Canada, but that’s also not true, given that the whole point was for it to be a pipeline to tidewater. Saudi oil is cheaper to import than for Alberta oil to ship by pipeline, not to mention that there are no upgraders or refineries in the East capable of handling heavy crude from Alberta (again, unlike KXL, where those kinds of refineries line the Gulf coast). The Irvings themselves said that Energy East wouldn’t stop the flow of Saudi oil to Canada, but Scheer is trying to play the economic nationalism card, and is stretching the truth along the way.

Meanwhile, Chantal Hébert warns Scheer that if he plans to make immigration an issue over the coming year, he may want to pay attention to what’s going on in Quebec, where it’s turning out to be something of a poisoned chalice for the CAQ in the provincial election.

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Roundup: Notwithstanding Ford

It was a crazy day in the state of constitutional law yesterday, as an Ontario judge struck down Doug Ford’s bill to reduce the size of Toronto city council on some rather dubious grounds, and Doug Ford responded by insisting that he would invoke the Notwithstanding Clause to ensure it passed anyway, no matter that the issue by which he’s going to use the seldom-used provision on is of dubious merit, and has all of the appearances of enacting a political grudge (while all of the “reasonable” members of his Cabinet who were supposed to keep his worst impulses in check cheer him on). It’s a full-blown tire fire.

For starters, here’s a bit of context about just what the Notwithstanding Clause actually is, and some history of its use. But what is perhaps more alarming are the number of voices who are calling on the federal government to invoke the defunct constitutional provisions around disallowance as a way of thwarting Ford – and some of that has been fuelled by Toronto mayor John Tory meeting with prime minister Justin Trudeau last night. I can pretty much guarantee you that Trudeau, however, won’t touch the disallowance powers with a bargepole, because a) the powers are defunct for a reason (in that the issues that disallowance was used on are better dealt with through the courts), and b) it would stir up such a shitstorm of epic proportions that it would be difficult to contain the political damage, and I’m not sure that Trudeau is willing to expend that much political capital for something that is really not his political ambit, and he’s likely to win most of Toronto’s seats again regardless. But if you also look at the message that Trudeau’s minister of intergovernmental affairs, Dominic LeBlanc sent out, the not unsubtle language in there is that this is a fight for the political arena, and Ontario voters will have to deal with the mess that they created, which is pretty much how it should be. It’s not going to be easy if we’re having these kinds of issues three months in, but people shouldn’t expect another order of government to swoop in and save them. That’s not how democracy works.

Meanwhile, Emmett Macfarlane walks through what’s constitutionally dubious about the court ruling, while Andrew Coyne invokes some high dudgeon about use of the Notwithstanding Clause and Ford’s thuggish populist tactics. Chris Selley reminds us that so much of this episode is because Ford is all about chaos, and he brings more of it with these tactics. Susan Delacourt, rather chillingly, wonders which will be the next premier to decide that the Charter is inconvenient for their populist proposals. And University of Ottawa vice-dean of law Carissima Mathen both writes about why Ford’s comments are so offensive to our system of laws and governance, plus offers some more context about the Notwithstanding Clause in this video segment that you should watch.

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Roundup: Keeping up with vacancies

Of all the places where the current government seems to have lapsed in their basic competencies, the most obvious tends to be their appointments process, and most especially when it comes to making judicial appointments. I’ll grant you that it’s more difficult than it can seem, especially when you are not only balancing the need for new judges with specific skillsets and linguistic capabilities (because you do need a certain number of minority-language speaking judges in every province), before you get to the issues of diversity, and the laudable goals of getting more women and visible minorities on the bench. What has made it more difficult is a process that relies on application rather than nomination, and this continues to be an ongoing saga. And while the courts have been adapting in the post-Jordandecision landscape by ensuring that criminal trials are getting precedence, it means that civil trials are falling to the wayside, and that has its own set of problems.

The Star delves into this problem, with a particular focus on Toronto-area vacancies, where they are chronically behind the number of judges they should have, and where the number that just got appointed will be offset by retirements within weeks. (As an aside, there is a push to get the complement of judges in the GTA increased further, because the total number has been deemed to be insufficient by the local bar). And what is perhaps most disconcerting here is that the minister keeps insisting that there needs to be broader culture change in the court system, not just more judges (when seriously, they’re looking for a full complement to start). I’m not sure that anyone disputes that culture change needs to happen, but the appointments are a pretty low bar that a government should be able to meet. And yet.

This having been said, there is some talk now that we may see more frequent appointments being made as cabinet starts meeting more regularly as Parliament resumes, given that Cabinet needs to approve these names for appointment. So maybe that will happen. But given the pace at which these things have happened, you’ll forgive my skepticism.

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Roundup: Scheer plans another ego trip

Andrew Scheer has declared that in October, he and a group of MPs will head to India. While it’s not uncommon for opposition MPs to do a bit of foreign travel, particularly if they’re on some kind of committee or parliamentary friendship group, it’s a little more uncommon for them to go as the Official Opposition in any capacity (Washington DC excepted). But Scheer? He’s decided that his trip to India will be to “repair” the relationship with that country after the “disastrous” trip that Justin Trudeau made earlier this year.

Let’s unpack this a bit more. Scheer has zero diplomatic standing to do absolutely anything on behalf of the government of Canada. Add to that, I’m trying to figure out just what “damage” Scheer hopes to repair, because the only real “disaster” from Trudeau’s visit was related to Jaspal Atwal showing up at that event, which wound up being hugely overblown considering that India had allowed him back into the country and considered him rehabilitated from his former extremist views. The fact that Trudeau wore some expensive Indian clothes? The thing that people continue to underestimate/forget/ignore is that he was doing it to speak to a certain demographic in India which responds to these kinds of gestures – even if the upper-class voices that dominate their international press don’t. Trudeau didn’t lose points with that middle-class voter base in India (or the Indo-Canadian diaspora) – but that message was lost on the white press covering the trip, and given how the Conservatives reacted back in Canada (going so far as to use the insulting term of “costume,” which earned them a stinging rebuke from Liberal backbencher Ruby Sahota), they were tone-deaf to the whole thing. Was Trudeau snubbed my Modi? Not at all, and just because Modi didn’t greet him at the airport is not a snub considering that a) Canada doesn’t rank that high on his list of priorities, and b) we were greeted by an agriculture minister, who does have dealings with Canada. And on that subject, the fact that Trudeau wasn’t able to make progress on the tariffs that India imposed on pulse imports was not a “failure,” given that those tariffs were imposed for domestic political reasons (low prices due to a global supply glut, pandering to rural voters, and the fact that there has been a suicide crisis among Indian farmers for years now), and those tariffs hurt Australia more than they do Canada. But please, tell us again how those were done in retaliation for the trip. Meanwhile, Trudeau made several investment announcements and did have successful meetings with civil society groups in India. So again, I ask – what “damage” is there for Scheer to supposedly repair (for which he has zero authority to do anything about)?

We’ve seen this kind of self-aggrandisement from Scheer before with his trip to the UK to supposedly have talks about post-Brexit trade agreements, never mind that a) he’s not the government and can’t commit to anything, b) Trudeau and Theresa May already agreed to those talks once Brexit happens – because the UK legally can’t hold any talks until then, and c) he totally sold the trip with that photo of him at a red phone booth. So you’ll forgive my scepticism about this planned India trip, because it sounds dubious at best.

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