Roundup: A line-by-line review

If the tweets of Cabinet ministers are to be believed, Cabinet is currently seized with doing a line-by-line review of the amended Bill C-69 that was sent back to them from the Senate earlier this week. By all accounts, the current form of the bill is a complete dog’s breakfast that includes a number if contradictory clauses, because the Chamber of Sober Second Thought didn’t bother to actually do the work of reconciling them because members of the environment and energy committee were keen to placate Jason Kenney and to credulously believe the oil and gas industry lobbyists who insisted that the bill’s original form, while not perfect, would somehow doom all future projects in this country. And you would think that actually getting a bill in reasonable condition back to the Commons would be kind of important to a body like the Senate, for whom this is their raison d’être as a legislative chamber who preoccupies itself with reviewing legislation, but no, they decided instead to sent it back to the Commons as is rather than to take the blame that Kenney and company will lay on them as he continues to lie about the bill and consider it a rallying cry for the implacable anger of Albertans that he sold a bunch of snake oil to during the last provincial election.

In the midst of this, you have senators like Conservative Senate Leader Larry Smith claiming that the Senate’s attempt to stop bills C-69 and C-48 are supposedly the last bastion of the provinces who are “under attack” by prime minister Justin Trudeau, which is hokum of the highest order. C-48 doesn’t landlock Alberta’s resources because the chances of a pipeline to the northern BC coast are virtually nonexistent given the Federal Court of Appeal decision on Northern Gateway’s failure, and the propaganda campaign against Bill C-69 is the completely divorced from reality, but hey – angry narratives to sustain. At the same time, Senator André Pratt is defending the Senate against accusations levelled from the likes of Andrew Coyne that they’re overreaching if they do kill C-48 (which they won’t), saying that they’re trying to do their job while being cognisant that they’re an appointed body. He’s not wrong, and it’s probably one of the better articulated pieces of late.

Meanwhile, the Conservative whip, Senator Don Plett, is denying that he’s stalling the UNDRIP bill, and he’s actually got procedure on his side for this one – the cancelled meeting would have been extraordinary, and there are reasons why the Senate doesn’t hold special committee meetings while the Chamber is sitting – which they are sitting later and later because they have so much business to get through because the Independent Senators can’t get their act together, and lo, we have the current Order Paper crisis that they are working their way through (though apparently not so urgently that they didn’t sit yesterday). Unfortunately, the media does love private members’ bills, and is focusing a lot of attention on them, no matter that most of them are actually bad bills that should probably die on the Order Paper (but people don’t like to hear that).

Continue reading

Roundup: And now the lawsuits

Because we can’t go a single day without yet more nonsense in the interminable Double-Hyphen Affair fallout, we had news yesterday that Andrew Scheer is being personally sued by prime minister Justin Trudeau for libel following press releases in which he intimated that Trudeau committed a crime and is attempting to cover it up. Scheer says bring it on, and make it fast. And then come the narratives – Conservatives say that the prime minister is trying to intimidate them, or bully them into silence, but at least with the lawsuit he’ll have to testify under oath. The Liberals are saying that this is just calling out Scheer’s lies and shows that they have consequences, and it demonstrates that Trudeau is willing to testify under oath as a result. And the pundit class wonders why they would want to continue to drag this out for months, if not years, as this drags on in the court system. (And for those of you who recall, Stephen Harper once planned to sue Stéphane Dion for libel over allegations made in the Chuck Cadman Affair, but he eventually dropped it after Dion was no longer Liberal leader). So, something for everyone, really.

https://twitter.com/robert_hiltz/status/1114959070136537088

Meanwhile, Wilson-Raybould says that all of the anonymous leaks are “trampling over” the confidences around the discussions she may or may not have had with the prime minister. Err, except her own side has been leaking stuff too, even if she insists it’s not her doing it. She also says that she has no desire to help Andrew Scheer win the next election, and doesn’t see herself as a floor-crosser but will operate as an independent Liberal for the time being.

Continue reading

QP: Last shout in the Centre Block

For the final QP of 2018, neither the prime minister nor the leader of the opposition were present (though Andrew Scheer did hold a press conference just hours before), leaving it up to Candice Bergen demanded urgent action on the opioid crisis, to which Ginette Petitpas-Taylor said that they were taking it seriously, and as a public heath issue and not a criminal one, which was why they were increasing harm reduction measures that Conservatives resisted. Bergen raised comments that she overheard Bardish Chagger say, apparently minimising the scope of the crisis, to which Chagger said that her comments weren’t meant to minimise the scope of the tragedy and she apologised. Bergen, with a script to follow, demanded Chagger to account for her comments again, and Chagger apologised a second time. Jacques Gourde then got up read the same demand for an apology in French, but Petitpas Taylor got up to talk about the measures they are taking. Gourde stuck to his script and demanded again, and got the same response from Petitpas Taylor. Guy Caron got up next for the NDP, and railed about VIA Rail not choosing Bombardier for its new fleet. Marc Garneau, noting that he had answered this repeatedly, said that Siemens did agree to at least twenty percent of Canadian content in their trains. Caron tried again in French, and Garneau more pointedly listed other investments that VIA made in Quebec. Pierre-Luc Dusseault got up next to demand action from the CRA on tax evasion, to which Diane Lebouthillier forcefully pointed out the investments they made and the number of new audits that have been conducted since they came to power. Peter Julian asked the same thing in English, and Lebouthillier repeated the actions they have been taking.

Continue reading

Roundup: A diminishing vision of a regulator

The Supreme Court of Canada returned their reference decision on the constitutionality of the proposed national securities regulator yesterday, and it was a unanimous green light – because this is a voluntary system, it’s constitutional. You may recall that a previous attempt to create such a national regulator to be imposed by the federal government was found to be unconstitutional, and lo, it didn’t happen. When the previous Conservative government constructed this new voluntary model, Quebec appealed to the SCC, and as we can see, didn’t win the day. And even with this decision, Quebec still says they’re still going to stick with their provincial regulator, thank you very much, and that’s that.

There are a few things to think about in this decision, and in the system as it’s being designed. One of them is that part of the mechanism that makes it acceptable to the Supreme Court is that the regulatory authority is being delegated to a council of ministers, but that may come with more challenges. Because the wait for this decision essentially stalled the work of the new regulatory body, it remains to be seen as to how long it will take to get the new system up and running.

While Andrew Coyne makes the point that this system really makes no sense because it’s not able to deal with the issue of systemic risk, it may be worse than that. I wrote about this proposal for Law Times back in the spring, and even proponents of the national regulator had started to sour on the concept because the proposed system as it was being built essentially let provinces maintain their own particular carve-outs, which increases the complexity and reduces the uniformity of the system across the country. Even more alarming, according to one lawyer I spoke with, is the fact that this sets up a system that is unaccountable, that makes up and enforces its own rules and is self-funding, which seems to go against most good governance norms. So we’ll see where this goes, but the final result certainly looks to be far less than what was initially promised.

Continue reading

QP: Concern trolls and pabulum scripts

Following Monday’s fairly dismal attendance, the benches were full and all of the leaders were present for Question Period today. Andrew Scheer led off, concern trolling about the StatsCan plans to access financial transaction data, and Justin Trudeau read a script about evidence-based policy. Scheer listed off a number of data breaches by the government, to which Trudeau read that the Conservatives were pretending to be opposed to StatsCan data including the long form census, while they would protect the privacy of Canadians. Scheer insisted this wasn’t about evidence but it was about violating fundamental rights, and this time Trudeau reiterated his same responses without a script. Scheer switched to French to ask what duties absent MP Nicola Di Iorio was assigned, to which Trudeau took a script to say that the MP indicated that he would resign in January and that he indicated what he was working on. Scheer tried again in English, and Trudeau read the English lines in response. Guy Caron was up next for the NDP, and he demanded the government support their motion on spending the full Veteran’s Affairs budget (which is a deliberate misunderstanding of what those lapsed funds represent), and Trudeau picked up a script to read the list of things they’ve done for Veterans. Caron switched to French to ask about the accidental underpayment of veterans’ benefits, to which Trudeau read some more pabulum about their increased financial support in the face of Conservative cuts, and added that they were supporting the motion. Daniel Johns stood up to repeat both questions, and Trudeau read the English versions of his same two pabulum scripts.

https://twitter.com/EmmMacfarlane/status/1059895812619038720

Continue reading

QP: Pushing back a little against mendacity

While the prime minister was in Montreal to meet with business leaders, Andrew Scheer was also absent, which is becoming increasingly common of late. Candice Bergen led off, concern trolling that the Statistics Canada plan to gather transaction data could endanger trade with Europe (which I am dubious of). Navdeep Bains thanked her for the thoughtful question, and reminded her that this was a pilot project that had not yet started, and they were working with the Privacy Commissioner to ensure it was done properly. Bergen tried again, and this time, Bains called out her mischaracterisation and read the portion of the Statistics Act that spelled out that nobody could compel the release of that personal information. Alain Rayes took over to ask the same question in French, and Bains reiterated the point about pilot project. Rayes then switched topics to inquire about what the “secret mission” assigned to missing MP Nicola Di Iorio was, and Bardish Chagger read that the member is responsible to his constituents and he is reflecting on his work. Bergen got back up to ask the same question in English, and Chagger read the same in English. Guy Caron was up next for the NDP, and demanded that Canada follow Mexico’s suit in order to refuse to sign the New NAFTA until the steel and aluminium tariffs were lifted. Marc Garneau stood up to express come confusion that the NDP were praising the deal in some venues, but attacking it in others. Caron changed topics to ask about the star of the Paradise Papers, but Garneau ignored the question in order to read more of the NDP’s praise for the agreement. Tracey Ramsey reiterated the Paradis Papers question in English, and Mélanie Joly a stood up to praise the reinvestment in CRA’s resources. Ramsey then repeated the demand to not sign the new NAFTA as long as the tariffs were in place, and Garneau repeated his confusion about the NDP’s position in English.

Continue reading

Roundup: A trifecta of constitutional buffoonery

Yesterday was not a good day for the constitutional order in this country, as the Ontario government launched a constitutional challenge of the federal carbon price backstop legislation, arguing that it’s “unfair” and “unconstitutional” – which it absolutely isn’t, but this is about throwing a public temper tantrum in the name of populist outrage – but as David Reevely also points out, it’s about dragging this out in the courts, both Ontario courts and the Supreme Court of Canada well past the next election. Ontario’s two ministers insisted that they had legal opinions that said they had a solid case, but that’s almost certainly false, but I guess we’ll have to wait and see what kind of novel argument they came up with that the courts will laugh out.

As if this big of constitutional buffoonery weren’t enough, NDP leader Jagmeet Singh also came out with a demand that the federal government immediately give cities the ability to ban handguns – which is constitutionally a non-starter, since cities are the creatures of provincial legislation, and criminal powers are federal. Delegating federal criminal powers to the municipalities is similarly a non-starter. (Singh is also a lawyer and should know this).

https://twitter.com/EmmMacfarlane/status/1025031516290613248

https://twitter.com/EmmMacfarlane/status/1025034441410797568

But to cap off the trifecta of constitutional idiocy comes courtesy of the Toronto Star, who asked Ontario Attorney General Caroline Mulroney if she was prepared to use the notwithstanding clause to opt out of the federal carbon tax – which is not something that the notwithstanding clause could actually deal with. Compounding this was that Mulroney’s answer was that they were going to examine all legal options, which made it sound like she was considering it, rather than simply saying “that wouldn’t apply here” and possibly adding “you moron” because it was not only a bad question, it was an irresponsible question and one that was either designed to make Mulroney look stupid (which she kind of did with the answer she gave) or to demonstrate that the reporter in question had no idea what they were talking about. So well done, Star. Slow clap for making all of us look bad in the process.

https://twitter.com/coreyshefman/status/1025022811579006976

Continue reading

QP: Borders and carbon prices

On a warm and sunny Monday in the nation’s capital, all of the leaders were present, so it was either going to be a really good day…or an insufferable one. Andrew Scheer led off, mini-lectern on desk, and he noted the unfolding situation of an alleged attack in Toronto with a white van running down pedestrians. Justin Trudeau noted that his thoughts were with those affected, and he would update the House as he learned more. Scheer then asked about the number of irregular border crossers affecting those who “wait in line” — except there’s not a line for asylum seekers, there’s a process, and he’s conflating it with immigration. Trudeau noted that Canada is signatory to international conventions, and that any arrivals are processed and that they go through proper security checks. Scheer tried again, and this time Trudeau wondered if Scheer was suggesting that they violate their international obligations. Scheer then turned to the PBO report on carbon pricing, and he cherry-picked one figure that portended doom (where the report stated differently). Trudeau gave a weary sigh, and reminded him that the economy and the environment go together. Scheer tried to insinuate that there was some kind of cover-up about the “economic damage” that a carbon tax would do, and Trudeau hit back that if Scheer was so concerned about secrecy, he should stop censoring Maxime Bernier. Guy Caron was up next for the NDP, and after he made a quick statement about the situation in Toronto, he demanded the immediate implementation of a universal pharmacare programme. Trudeau took up a script to say that the system can be improved and they are consulting on a national pharmacare programme — note that he didn’t say universal. Caron asked again in French, detailing previous Liberal promises, and Trudeau said that the NDP wanted to set up something without a clear plan, which is why his government set up an advisory committee to study and evaluate a universal pharmacare programme (not sure if universal was just a translation issue this time). Rachel Blaney took her own turn to demand pharmacare, and Trudeau repeated his answer about needing a plan, emphasising the digs at the NDP in the process. Blaney tried again, and got the same answer.

Continue reading

QP: Poetry and cheap theatre

While both Justin Trudeau and Andrew Scheer were present, in advance of the government’s apology to persecuted LGBT Canadians, Bill Morneau held a brief press conference an hour before Question Period to say that he couldn’t be in attendance that day, but he refuted the Conservative insinuations being made that he was engaged in insider trading, and suggested that they make the allegations in a forum not protected by parliamentary privilege.

https://twitter.com/AaronWherry/status/935574140911841281

https://twitter.com/AaronWherry/status/935574515714752513

Scheer led off, mini-lectern on desk, and read some propaganda about CSIS warnings that ISIS was training operatives to come back to Canada, and railed about the government paying for reintegration rather than focusing on security. Trudeau assured him that they took security seriously, and had a broad range of tools to do so. Scheer listed the tough measures the previous government took while accusing the current one of relying on “poetry and podcasts,” which set Trudeau off, and he listed off the Islamophobia and rhetoric that lost the Conservatives the last election. When Scheer tried again, angrier in tone (but still not rid of his smirk or breathy delivery), Trudeau said that it was clear that Stephen Harper’s Conservative parties was alive and well, and he wished them luck with that plan. Scheer then pivoted to whether the PM had trust in Bill Morneau, and Trudeau listed off the great things that Morneau had done. When Scheer listed off the disingenuous items he was attempting to brand Morneau with — including the insinuations of insider trading — to which Trudeau went into lecture mode, saying that they expect the opposition to raise substantive issues but are only getting personal attacks, and the way to judge if there was any substance to them is whether they would repeat them outside the Chamber. Guy Caron was up next for the NDP, and raised the possibility of another Ethics Commissioner investigation, to which Trudeau reiterated that it was too bad they were resorting to personal attacks. After another round of the same, Nathan Cullen got up and laid out a charge of insider trading, uttering the words themselves, but Trudeau basically tut-tutted the exchange and listed accomplishments. Cullen amped up his sanctimony, and Trudeau reminded him that the Ethics Commissioner exists to keep these issues out of the political fray.

Continue reading

Roundup: A modest peacekeeping package

At long last, Justin Trudeau delivered what the government had long-promised when it came to how Canada was going to fulfil its pledge around peacekeepers for the UN. Err, well, sort of. You see, while Trudeau said that the 600 troops would all roll out eventually, for the time being, we’re doing more of the work of capacity building, training, and getting more women involved, plus a new rapid-response air deployment of heavy-lift capability and weaponized helicopters that will include some 200 personnel. And no, we’re not sending troops to Mali. More significantly, perhaps, was the initiative on ending the use of child soldiers, which helps to fulfil some of the long-time work of retired general and Senator Roméo Dallaire.

At this point, the peanut gallery erupted into how the government’s mandate tracker would rate this promise as not having really been kept, but I have to wonder if that’s being unfair given the situation. We’ve heard for two years, since the initial pledge was made, that traditional peacekeeping was dead, and we needed to do something else, and lo, the government listened, consulted, and came up with a package of items – and funds – that will help with the real work of building capacity where it doesn’t exist currently. And listening to Dallaire on Power & Politics, he made the notion that it’s not really about committing another battalion of troops, because they have those – it’s about ensuring that they have the capacity to deal with the situation on the ground, and if Canada can help with that, is that not the better use of our time, money, resources, and personnel? Or do we demand 600 troops + 150 police in x-country that is just the right level of dangerous in order to check off a box and say “promise kept”? I’m not sure. We’ll see how the international community reacts, but so far the word out of the UN has been fairly positive (though it sounds like France may be a bit ticked that we’re not going to Mali). But maybe I’m wrong and we should have just sent them to Mali. I do think that we need to be a bit more nuanced in our understanding, and as with many things, people underestimate the need for capacity building at home and abroad, and it does seem to be something that this government is trying to address in one form or another. (For another take, here’s Stephen Saideman and his lukewarm feelings toward the announcement).

https://twitter.com/stephaniecarvin/status/931000867565776896

Continue reading