Roundup: Committee rudeness undermines their work

There is a piece on the Canadian Press’ newswire right now about how victims of sexual assault who went before House of Commons committees to testify, whether it’s on the PornHub issue or the Canadian Forces’ problems with sexual misconduct, have been ill-treated by MPs, usually by rudeness, or not allowing them time to deal with the trauma related to this kind of testimony. And they’re absolutely right – and Commons committees are some of the worst offenders for this kind of behaviour.

Why? Part of this is because MPs lack some basic self-awareness. There are tight rules around timelines in committee hearings, as to how long an MP has to ask questions and get answers, and they get so wrapped up in the issue of their time that they get tunnel vision, and witnesses essentially get railroaded by it. The bigger and more prevalent part, however, is that MPs are more concerned about scoring points at these hearings that they are simply being partisan dicks about everything. Ask anyone who has testified before both Commons and Senate committees, and they will tell you that Senate committees are far more preferable, as they are more interested in the subject matter and the actual expertise or experiences of the witnesses than they are in using those witnesses to score points on their behalf. And much of the time, they’re barely paying attention, because they don’t have to actually write the report at the end – the analysts provided by the Library of Parliament do, and MPs simply approve it or write dissenting recommendations. It’s a problem and it really, really devalues the role that Commons committees should be playing in our basic democratic processes in this country.

And I can speak to some of this from personal experience. I was once invited to testify before the Procedure and House Affairs committee as they were contemplating hybrid and remote voting rules, and it quickly became apparent that I had been asked not for my expertise or my insights as someone who had been watching Parliament longer than any member of that committee had been an MP – I was there to be treated as a reactionary whom they could hold up their proposals to and show that they were being reasonable and my opinions weren’t. It was kind of a gross experience, and I was rudely treated by a couple of Liberal MPs (one of whom has since become a minister), because they were interested in scoring points. I also didn’t have the added weight of having to re-traumatise myself to provide this testimony to be treated in such a way, like some of the women in the piece were. It’s pretty gross, and it’s a poor reflection of how Parliament operates, particularly in the current climate and context. MPs really need to shape up and do better, if they want to retain any credibility at all.

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Roundup: Playing chicken with the variants

It’s been such a long and dispiriting week, as many of us in this country live under the rule of murderclown premiers who simply refuse to do their jobs when it comes to this pandemic, and keep trying to blame the federal government for their failures, or to at least distract from their inaction. We’re going through that especially in Ontario right now, where Ford and his ministers keep up this song and dance about the borders, without once recognising their own culpability in the spread of variants.

Dwivedi is absolutely right about the role of the media in this, constantly framing this as “squabbling” or “finger-pointing,” and not “there is clear jurisdictional authority for the province and they refuse to exercise it,” which means that these premiers (and Doug Ford most especially) get to escape being held to account. This is why I object so strenuously whenever I hear another journalist or TV host say “nobody cares about jurisdiction in a pandemic.” Sorry, but that’s not how real life works. There’s a division of powers in the constitution that doesn’t care about your feelings.

Meanwhile, Andrew Leach has a few observations about the situation in Alberta that are just as trenchant as the ones in Ontario.

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Roundup: Offering disinformation in a clownish motion

Yesterday was a Supply Day for the Conservatives, and they decided to push a motion about access to vaccines – but because they are committed to a certain number of narratives that don’t belong in the real world, it was about as cartoonish as one might expect.

Part of the premise of why this so ridiculous is because the notion that sufficient vaccine supply could have been delivered in January and February – let alone right now – belies a belief that we live in some kind of post-scarcity society like in Star Trek: The Next Generation, where replicator technology basically eliminates these kinds of problems, such as supply chain issues, or the time it takes to scale up manufacturing, or the time to actually make the vaccine itself. It also seems predicated on the belief that Canada is apparently the only country in the world suffering from the pandemic, and that we should have some kind of claim to all of the vaccine first (even though we were far less badly hit than many, many other countries). There is a blatant falsehood in the motion where it claims that it was the federal government that recommended that the interval between first and second doses be extended to four months – that was not a federal decision. It was a recommendation by the arm’s length National Advisory Committee on Immunization, and they weigh their recommendations based on the current epidemiology, and it was in there considered opinion that there was a greater good in getting as many people their first dose as quickly as possible given supply constraints, and that the four months is likely to shrink as more doses arrive. More to the point, provinces decide whether or not they will accept NACI’s guidance or not, and not the federal government. The inclusion of this in the motion is pure disinformation designed to stoke anger. Finally, it ignores that the reason there are increasing “lockdowns” (and in most parts of the country, they’re not real lockdowns) are because premiers failed and didn’t properly control spread – most especially in those provinces where they re-opened too early, in spite of warnings that the new variants would cause spread faster, and yet they went ahead and did it anyway. This, again, is not on the federal government and it was always a fallacy that we could have vaccinated our way out of the second or third wave without lockdown measures.

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Of course, this is happening in the shadow of an oncoming surge of new vaccine deliveries, which has Ontario and Quebec are promising that everyone should be eligible to get a first dose before the end of May, which is not far from what O’Toole and company were demanding in their clownish motion. So, was this is a play to try and claim victory when the vaccination numbers start to climb? Or is this just a play to the base where facts don’t matter when there are emotions? Either way, it’s not the best look for the party that considers itself the government-in-waiting.

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Roundup: Ending the defence committee study

Something unexpected happened yesterday, in that the Defence committee voted to end the study on the allegations against General Jonathan Vance – the Liberals moving the motion, and the Bloc supporting it (which was the real surprise). Of course, ending the study comes with a number of different narratives. For the Conservatives and the NDP, this is all about the government trying to “cover up” what happened, because they won’t allow staffers to testify – nor should they. The concept of ministerial responsibility is inviolable in our constitutional framework, and the government should be fighting to maintain it, and yes, they have put the minister forward in this case several times, so that does matter. For the Liberals’ decision to move to end the study, it’s also at the request of some victims’ groups, who have stated that every past government is at fault, and that the committee is simply using the victims in order to score partisan points – and they are 100 percent correct in that assertion.

I do find it disturbing, however, that in most of the reporting on what has gone on, media have followed the opposition narrative that staffers are being “blocked” from appearing, and that the only time that ministerial responsibility is mentioned, it’s in quotes and being both-sidesed in terms of the government’s response. This is a real problem because it is undermining this fundamental principle in our democracy. This is something that should be explained, including why it’s wholly improper for the opposition to be demanding that this important principle be violated, and why when the Conservatives were in government, they repeatedly invoked the same principle as well to keep their staffers away from committee. Constitutional principles matter – they’re not just to be dismissed as a “process story” as so many journalists and editors are wont to do in this city, and it cheapens the discourse when this context is being left out of the stories, and when the government’s correct position is being spun as being improper.

Of course, if the government is going to claim ministerial responsibility, that doesn’t just mean Sajjan has to show up (which, to his credit, he did for six hours) – Sajjan has to actually take responsibility as well, and he hasn’t. And more to the point, Sajjan should fall on his sword for this, because he did drop the ball. He remained way too incurious about the allegations and whether an investigation was being carried out – which is not the same as involving himself in the investigation or meddling in it. It’s basic due diligence for someone who is responsible to Parliament for the armed forces and its leadership, and he failed in that due diligence. Sajjan has no choice but to resign over this, and it will be a giant sign that Justin Trudeau is not taking this seriously if he doesn’t insist on a resignation in short order.

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Roundup: The importance of our distinctions

There has been no shortage of columns on the future of the Canadian monarchy over the past few days – I’ve even contributed my own – and they are all over the map between “Our current system works” and “Barbados is going republican so why can’t we?” But one of the fundamental problems with many of these pieces is a fundamental lack of basic civics. Like, the most basic, which then gets even more compounded with wrong-headed expectations about what our other political actors should be doing. A huge example is the importance of keeping the ceremonial head of state functions away from the head of government functions, but this is failing to find as much traction these days, and that’s a problem.

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I would dispute with Philippe a bit here in that people would get fussed about honours being handed out by prime ministers or ministers, particularly if it’s a PM that they disagree with. That’s one of the primary reasons why honours should be with the Queen via the Governor Genera/Lieutenant Governors, because it keeps it out of the hands of politicians and the whims of the government of the day. When you start turning honours over to politicians, bad things happen – recall the gong show that was the Queen’s Diamond Jubilee medals, where MPs and senators were given a number to hand out apiece, and some of them went to certain individuals that would never have been eligible for any other honours in this country.

But of course, as Dan Gardner points out, so much of this stems not only from our poor civics education, but the fact that we are so saturated with American pop culture and politics that so many in this country believe that we are analogous in so many ways. Hell, we have political parties in this country who simply swallow the positions of American politicos and just divide by 10, thinking that’s all it takes, like we’re not separate countries or anything. It’s a huge problem and not enough of us are pushing back against it. The Crown is a big part of what keeps us distinct, and we need to better appreciate that. I can say from personal experience that one of the comments I’ve received most about my book is that people read the chapter on the Crown and say that it finally makes sense to them because they’ve never learned it properly before. We have a problem and we need to solve it before more people think that the solution is to become Americans.

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Roundup: Announcing the process to find the next GG

Yesterday afternoon, the government finally announced the process by which they will be selecting the next governor general, and it is the return of an advisory panel – but not really the old vice-regal appointment committee process that Stephen Harper initiated. For one, minister Dominic LeBlanc co-chairs the committee along with the interim Clerk of the Privy Council, which is a big change because LeBlanc’s inclusion means it is no longer arm’s length and won’t be able to claim that it can avoid the appearance of considerations being made through a political lens. As well, the Canadian Secretary to the Queen is nowhere to be seen in this process, whereas the previous CSQ chaired the previous committee process. (There has been some disagreement with this over Twitter, which is their prerogative but I would not consider the creation of a short list to be “political advice” any more than any other options presented to a government as compiled by the civil service).

What concerns me is the timeline of this process, which the government claims to want to be “expeditious” because they don’t want to keep the Chief Justice in the Administrator position for long, particularly if we are in a hung parliament that could theoretically fall at any time (if you discount that the only people who actually want an election right now are bored pundits). Nevertheless, it took them a month-and-a-half after Payette’s resignation to just announce the committee. The old committee process took an average of six months to conduct a search and compile a short-list for a vice-regal position, which is really not tenable in the current situation.

If anyone wants to read more about the old process and the role of the Canadian Secretary of the Queen in it, it was part of the focus of my chapter in Royal Progress: Canada’s Monarchy in the Age of Disruption, which was the product of presentations made at the last conference by the Institute for the Study of the Crown in Canada.

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Roundup: Closure, and false hope

The government followed through on their plans to invoke closure on the assisted dying bill yesterday, and with the support of the Bloc, they had final debate and a vote, which passed, sending the amended bill back to the Senate. (The NDP, incidentally, voted against it simply because they refuse to recognise the legitimacy of the Senate). Because the government only accepted a couple of the Senate amendments, and modified others, it will require another vote in the Other Place, but it is most likely that they will allow the bill to pass in time for the court-imposed deadline.

There have been a lot of disingenuous comments about this bill. Certain disability advocates have insisted that this makes it easy to kill them, which it doesn’t, and these advocates ignore that other people with disabilities have requested assisted dying and won in the courts – which is why this bill exists. Many of those advocates are trying to re-litigate the case they lost at the Supreme Court that allowed for the assisted dying regime to be created in the first place, which isn’t going to happen – that decision was unanimous and the Court is not going to revisit it. As well, one of these amendments puts a two-year time limit on the mental health exclusion so that more guidelines can be developed. That exclusion is almost certainly unconstitutional, and the government knows it – but again, there is a cadre of disingenuous commentary, including from some MPs, that this would allow anyone with depression access to assisted dying, which is unlikely in the extreme, and more to the point, it conflates other mental illnesses with depression, and it stigmatises mental illness by excluding it, effectively undoing years of trying to treat mental illness like any other illness.

When I tweeted about this last night, I got a lot of pushback from a certain segment that coalesced around the narrative that the government would not provide supports for people with mental illness but would let them kill themselves; and furthermore, they tried to further say that the government that voted against pharamcare was doing this. There is a lot to unpack in those statements, but there are a few things to remember. One of them is that most disability supports, as well as treatment for mental health, are both in provincial jurisdiction, so the federal government can’t offer more supports for them. Hell, they can’t even simply send $2000 per month to people with disabilities – as the NDP are demanding – because they don’t exactly have a national database of people with disabilities (and they had a hard-enough time kludging together a special pandemic payment through use of the flawed disability tax credit). They do have jurisdiction over the Criminal Code, which is what this legislation covers.

As for the pharmacare bill, we’ve already covered repeatedly that it was unconstitutional and unworkable, and would not have created pharmacare, as the NDP claimed (while the government is already at work implementing the Hoskins Report). But as we’ve seen here, they sold a bill of goods to these people, and gave them false hope as to what they were doing. They lied to vulnerable Canadians to score cheap political points. The sheer immorality of that choice is utterly shameful, but this appears to be what the party has reduced itself to. I sometimes wonder how their brain trust sleeps at night.

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Roundup: A nuanced conversation post-interview? Hardly.

I’ll say right off that I did not watch That Interview last night because I was trying to have what little life I have available to me in these pandemic times, but judging from the reaction over the Twitter Machine, I have a feeling that we’re in for a week full of boneheaded op-eds and “tough questions” about being a constitutional monarchy, or whether we should abandon the monarchy. Well, good luck with that, because we’d need to rewrite the constitution from top to bottom, because the Crown is the central organising principle, and good luck deciding on just what we would replace the monarchy with. No, seriously – good luck, because that exercise went so poorly in Australia that not only did their republican referendum failed, but support for the monarchy has been on the rise since.

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And lo, some of our country’s Serious Journalists are already Asking Questions™. And it’s going about as well as you can expect.

So, yeah. That’s what we can look forward to this week. I can’t wait, because I’m sure it’ll be even dumber than we expect.

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Roundup: Keeping the minister away

The drip-drip-drip of revelations around the allegations surrounding former General Jonathan Vance continues to be felt, with emails showing that defence minister Harjit Sajjan’s former chief of staff emailing about the attempted investigation, but with the former ombudsman not providing any information that could be deemed actionable, we know it went nowhere until after Vance retired. The Conservatives are trying to use this to “prove” that PMO knew that something was up with Vance and are now engaged in a cover-up, but I am not entirely sure about that. A Liberal MP appearing on Power & Politics last night made the salient points that as soon as Sajjan was alerted to the allegations, he steered clear of them and turned PCO onto the case, because he needed to ensure that this did not become politicised, and if this is the case – and it sounds very plausible that it is – then it’s also quite plausible that these staff were trying to create that ringfence around the minister and prime minister to keep them from getting involved so as to avoid politicising any aspect of the investigation or its fallout.

This of course raises questions about what Sajjan should have done in leaving Vance in place knowing this allegation was out there, and whether or not he had an obligation to pursue the claim against his chief of defence staff. If he was trying to stay out and let the arm’s-length PCO process carry out, and it didn’t proceed because of a lack of actionable information, is that on Sajjan? Or should he have been more proactive in possibly accelerating Vance’s departure, given that he was already reaching what would have been the usual end of his term as CDS (and the fact that he stayed on for three more years meant that Vance became the longest-serving CDS in Canadian history)? Again, it’s a hard call to make because he was trying to keep that separation in place to avoid this being politicized.

Trudeau, meanwhile, says he still has confidence in Sajjan, which had everyone joking on Twitter that this essentially put a countdown clock over Sajjan’s head. But this is a mess that makes it very difficult to sort out because of the considerations at play, and the fact that a parliamentary committee is now digging into this will make it all the more partisan as the days go on. I will not be too surprised if Sajjan is made to fall on his sword about this in a few weeks’ time, but not before the Liberals put up a fight to say that he did all the right things, and that the real problem is that the accuser didn’t feel comfortable enough to want to make the allegations official or actionable – but that gets us back into something of a Catch-22. None of this will end well.

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Roundup: Taking a culture change seriously?

So much of the discourse yesterday – aside from the AstraZeneca vaccine – was around Admiral Art McDonald stepping aside while he is the subject of an investigation into sexual misconduct dating back to 2010. In particular, Prime Minister Justin Trudeau and defence minister Harjit Sajjan were asked repeatedly whether they knew anything about this investigation or the allegations behind it before they appointed McDonald to the post of Chief of Defence Staff. (For the record, both Trudeau and Sajjan say they weren’t aware until it was reported in the media).

Trudeau says that it’s a good sign that McDonald stepped aside because it shows how serious this is being taken, and wants those who have experienced said misconduct to know that they will be heard and listened to. Erin O’Toole says that there should be a freeze on all promotions and salary increases for senior leadership in the military until an independent investigation can look into how the Forces have handled the problem of sexual misconduct.

Of course, the bigger problem is likely military culture and the structure of leadership, and there are concerns that Operation Honour is failing because it hasn’t tried to understand why sexual misconduct happens in the first place, and that it’s the broader military culture that needs to be changed. There are also particular calls for a fully independent oversight body to deal with the culture – and one that has actual teeth to it – but even though this was a recommendation in the Deschamps Report, the government didn’t go ahead with it. It remains a question whether the government will get over itself and finally create that independent oversight to finally deal with the problem, but they’ve been dragging their heels on other long-overdue independent oversight, especially over bodies like the CBSA, which has no oversight at all. But the fact that two Chiefs of Defence Staff in a row are under investigation should be a wake-up call as to the broader problems with the Forces, and maybe this government should finally take it more seriously than the half-measures they have taken to date.

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