Tag Archives: Infrastructure

Roundup: Bernier’s dog whistles

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While we’re on the topic of bozo eruptions, we got another one from Maxime Bernier over Twitter on Sunday evening, railing about Justin Trudeau’s declaration that diversity is our strength. While I won’t reproduce all of Bernier’s feed, some of the commentary around it has been interesting, and in particular, just what kinds of dog whistles and language that Bernier employs in his language – and likely not a coincidence that this happened on a day of counter-protests to white supremacists in the United States. Also worth noting that his tweets were in rapid succession and in both official languages, which indicates that they were premeditated and not spur of the moment, and that does mean something as well.

https://twitter.com/EmmMacfarlane/status/1028812175673094146

https://twitter.com/StephanieCarvin/status/1028834166849368064

I might be willing to suspend enough disbelief around Bernier to suppose that he’s really not all that bright and that he really doesn’t know what he’s doing when he tweets stuff like this, but the people who surrounded him in his leadership campaign absolutely knew what they were doing when they tweeted things like red pill memes, and one presumes that they’re still in Bernier’s orbit. But Bernier has consistently demonstrated that he doesn’t have particularly adept political sensibilities (witness his ejection from shadow cabinet), and the fact that he went from going to Pride parades during his leadership campaign to insist that his libertarian values meant that he valued freedom over social conservatism, to becoming a Jordan Peterson convert who was paranoid about “enforced speech” and the bogus fears about being jailed for mis-gendering someone. But as is pointed out below, we are two weeks away from the Conservative policy convention, and it’s possible that this dog whistling is also about Bernier trying to gather support to oppose Scheer in some capacity or other.

Michelle Rempel also put out a tweet thread in response (which again, I’m not going to repeat), and some of the points she made seemed to be refuting Bernier, but at the same time, she makes her own coded appeals about planned migration and the language of pitting groups of newcomers against each other, in very Jason Kenney-esque ways.

Ultimately, however, we are back to the notion of where the adult supervision is with this party, and we recall the reasons why Harper put the party into communications lockdown – before they won in 2006, they went into lockdown because the 2004 election saw them lose because of precisely these kinds of bozo eruptions from the likes of Cheryl Gallant and others. And the strict message discipline seemed to work, but it causes as many problems as it solves (not to mention it’s terrible for democracy). But with this kind of tire fire over the past couple of weeks, you have to imagine that Scheer, whose own Twitter strategy is a lot of lies, obfuscation, narrative building and populist memes, is all for this kind of air war that he thinks will rile the base in ways that appear to have worked for both Trump and Ford. Maybe this kind of “shitposting” (as it is colloquially known) is the message discipline, in which case, we’re probably all doomed.

https://twitter.com/aradwanski/status/1028816033610575872

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https://twitter.com/InklessPW/status/1028416748331126785

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Roundup: A public dust-up

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Late last week, as news came out that the Canadian government had been instrumental in getting a number of Syrian “White Helmets” and their families out of that country and that a number of them would be resettled in Canada, there was a bit of a public scrap between Conservatives as the party’s foreign affairs critic gave a position on the situation that Rempel hadn’t been consulted on, despite the fact that she’s the immigration and refugee critic. Her musing publicly as to whether the boys made the decision without her is one of those signs that perhaps not everyone is singing from the same song sheet in Andrew Scheer’s Conservative party – which isn’t necessarily a bad thing – but not consulting the relevant critics before freelancing an opinion to the media is a bit of a faux pas. Whether it was sexism (per Rempel’s insinuation) or just arrogance on the part of O’Toole, remains to be determined, but it was certainly illuminating for observers.

On the subject of Rempel, the Hill Times has an extensive profile of her, which is a good read that I’d encourage everyone to do. It’s a pretty fair piece, and I would suggest to people that her persona over social media is not representative of who she is as an MP. Which isn’t to say that her social media persona isn’t a problem – it very much is, particularly when she sends her followers on the attack against someone who she has a disagreement with. But that aside, she’s the kind of MP who takes the time to do her actual job of things like reading the Estimates and the Public Accounts, and who can follow debate and ask questions that aren’t scripted (and indeed, she tends to eschew talking points whenever possible). We need more MPs who take the job as seriously as she does.

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QP: A digression to the LRT

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With the G7 meeting ramping up in Quebec City and Charlevoix, Quebec, Justin Trudeau was away from QP, and so was Andrew Scheer, as has been his wont lately. Candice Bergen led off, reading the same questions about the government not immediately imposing retaliatory tariffs on the US. Marc Garneau read that it was essential that they get this right, so they had a few days to respond. Bergen demanded that all tariffs collected by these retaliatory measures went to those impacted, and Garneau relied with the same assurances that they were there to defend steel and aluminium workers. Bergen switched topics to TPP ratification, and this time Mélanie Joly said that they had worked hard to improve the bill and it would be tabled shortly. Gérard Deltell reiterated the question in French, and got the same response in French. Deltell then repeated the earlier question about using whatever tariffs were collected to support affected workers, and Garneau reiterated earlier response in French. Guy Caron led off for the NDP, railing that fossil fuel subsidies weren’t being eliminated, among other sins, and Catherine McKenna responded with plans to implement a plastics charter at the G7 meeting. Caron demanded funding for green jobs rather than fund a pipeline, and McKenna insisted that they have stood up for the environment while growing the economy. Rachel Blaney reiterate the question in English, and McKenna listed the measures that they have taken — pricing carbon, phasing out coal, investing in public transportation and clean tech. Another round of the same yielded the same response.

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Senate QP: Joly is consulting and making investments

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In a bit of procedural quirkiness, Senate QP interrupted a vote bell to go to ministerial Question Period with special guest star, heritage minister Mélanie Joly, with the intention that the bell resume afterward. Odd, but that’s what happens sometimes. Senator Boisvenu led off, for a change, railing about the cost of the Parliament Hill skating rink while the prime minister told veterans they were asking for too much (which isn’t quite true, but whatever). Joly first said that Canada 150 was a great success and said that the rink saw thousands of visitors.

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Roundup: A major amendment at committee

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There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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Roundup: Beer still imprisoned

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The Supreme Court of Canada delivered their ruling in the Comeaucase yesterday, which deals with the subject of interprovincial trade barriers – in particular, those around alcohol. While this case has been widely championed as “free the beer,” what we got came down to an exploration on the nature of federalism in this country – and many observers were keenly unimpressed as they chose to uphold those particular barriers.

https://twitter.com/InklessPW/status/986964159530057728

First of all, read this Q&A with University of Ottawa vice-dean of law Carissima Mathen about the decision, so that you get some sense of how the constitution operates here, and why the Court is loathe to interfere in something of this magnitude. It’s not just alcohol sales that could be affected – its knock-on effects include supply management schemes (which the Conservatives have yet to reconcile with their “free the beer!” sloganeering), public health prohibitions, environmental regulations, and so on. And more technically, the case that led up to this decision was a lower court judge making an interpretation of settled law that they felt wasn’t robust enough to justify overturning that jurisprudence – not enough had changed – and they upbraided said judge in the ruling. This is also something that can’t be taken trivially in the decision.

https://twitter.com/cmathen/status/986988440163143681

https://twitter.com/kylekirkup/status/986968367205634048

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And then there are the critics. University of Alberta law professor Malcolm Lavoie says the decision privileges some parts of the Constitution over the other, while John Ibbitson looks at what the knock-on effects could be and wonders if the result wasn’t for the best. Emmett Macfarlane is not sold on that, and feels that the Court feels too bound by old JCPC decisions that undermined the text of the constitution when they should instead be upholding it – that the intent of the Founding Fathers was indeed a centralized economic union. Some commentators think that the decision could legitimize Alberta’s bill to limit oil exports to BC, but frankly I think that analysis is beyond absurd. I do have to say that I have a degree of sympathy for the Court in not looking to overturn the entire federal order, because there would be monumental blowback. But it’s not like they said that it couldn’t be done – what it needs is the political will for the legislatures to come to an agreement on this, and there is a new internal free trade framework that is coming into place where there’s a better forum for having these discussions than we’ve had in 150 years of confederation. And I think that perhaps those who felt that the Court needed to do the work of the legislatures on this issue were doing so a bit inappropriately because we keep insisting that the Court do the hard work that the legislatures won’t, and perhaps this is another wake-up call that we need to do the actual work of making tough decisions in this country on our own.

https://twitter.com/AaronWherry/status/986991062584582144

https://twitter.com/EmmMacfarlane/status/986975038652821506

https://twitter.com/EmmMacfarlane/status/986976381794861061

https://twitter.com/PhilippeLagasse/status/986968227556179968

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Roundup: Justice bill under fire

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The big news over the long weekend was the Liberals’ major criminal justice reform bill, which was tabled at the end of last week. It’s a big bill because it’s a big topic, but also because the government decided to fold in two previous bills that have been languishing on the Order Paper so that they can all get passed at once. One of those bills has clauses that have been overtaken by a previous bill that again, languishes on the Order Paper. And yet, despite this major reform push, one of the biggest problems facing the justice system, mandatory minimum sentences, which are clogging the courts, remain intact because this bill doesn’t address them, and the minister is shrugging in terms of saying the debate is still ongoing with provinces and courts over those. Among changes in this bill are severely limiting preliminary inquiries, which could mean that a number of cases go to trial where they wouldn’t have otherwise given that the point of a preliminary inquiry was to determine whether there was enough evidence to secure a conviction. Another change is to eliminate peremptory challenges in jury selection, something which has gained a lot of attention in the past couple of months after the Gerald Stanley trial in Saskatchewan had an all-white jury.

None of this is without controversy, and defence lawyers are raising the alarm. Lawyers like Michael Spratt say the changes will not speed up trials, and will actually eliminate some procedural fairness from the system. The elimination of peremptory challenges is far more contentious, with some defence lawyers saying it won’t fix anything while another says it could eliminate the current abuses. One law professor calls it a good first step, but lists other recommendations to increase access to justice in remote communities and improve jury selection.

On a related note, it looks like Saskatchewan hasn’t been selecting juries in a way that complies with their own provincial laws. While this may not be enough to cause an appeal in the Stanley trial, which has put much of the focus on the issue of peremptory challenges, it does raise questions about jury selection laws in this country that are part of these reforms.

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QP: Inventing a conflict from whole cloth

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With the Easter long weekend upon us, it was Friday-on-a-Thursday in the House of Commons, and Question Period was no exception — only slightly better attended than a regular Thursday. Candice Bergen led off with a disingenuous framing of the Raj Grewal non-story, and Bardish Chagger noted that everything was cleared with the Ethics Commissioner, and that Grewal’s guest at the event registered through the Canada-India Business Council. Bergen demanded to know who in the PMO authorised the invitation, and Chagger reiterated her response. Alain Rayes was up next, and demanded the prime minister to sign off on a human trafficking bill from the previous parliament, to which Marco Mendicino noted that there was a newer, better bill on the Order Paper (but didn’t mention that it has sat there for months). On a second go-around, Mendicino retorted with a reminder that the previous government cut police and national security agencies. Ruth Ellen Brosseau led off for the NDP, and raised the fact that Stephen Bronfman and a government board appointee were at a Liberal fundraiser last night, to which Andy Fillmore reminded him that they have made fundraisers more transparent. Charlie Angus carried on with the same topic in a more churlish tone, got the same answer, and on a second go-around, François-Philippe Champagne praised the appointment to their Invest Canada agency. Brosseau got back up to list allegations of harassment at Air Canada, to which Roger Cuzner reminded them that Bill C-65 will cover all federally regulated industries.

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QP: A sweater and an overnight bag

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With all leaders in the House, and all hands on deck, we were ready to see just what fireworks would transpire. Andrew Scheer led off, mini-lectern on desk, concerned about the “inappropriate gift” that the PM received from the Aga Khan that was not disclosed. Justin Trudeau stood up to reiterate well-worn talking points about the previous Ethics Commissioner’s report and how they worked to strengthen future disclosures. When Scheer pressed, Trudeau assured him that during the holidays, family friends exchange gifts and he gave the Aga Khan a sweater, and got an overnight bag in return. Scheer changed topics, and demanded the briefing from Daniel Jean for the committee. Trudeau retorted that a briefing was offered to Scheer and he refused, and after a second round of the same, Scheer thundered that he was only offered a classified briefing so that he could stop asking questions. Trudeau gave the riposte that only a Harper Conservative would think that giving information to the media was hiding the truth. Guy Caron was up next, and he returned to the question of the “unacceptable” gift, insisting that it had to be worth over $1000 to be deemed such, and it couldn’t have been an overnight bag (Really? What if it was a Louis Vuitton bag?). Trudeau reiterated that he disclosed the gift to the Commissioner as part of the investigation. Caron was not mollified, and he railed that this was not open or transparent. Trudeau disagreed, and insisted that they were delivering on their promises. Charlie Angus got up next to deliver some sanctimony — and some swipes at the Aga Khan along the way — and Trudeau reminded him that the system is to disclose to the Commissioner. Angus went for a second round, and got the same in return. Continue reading →

QP: Twin moral panics in play

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While Justin Trudeau was off to Toronto, Andrew Scheer was present for Question Period, and he led off with the role that Christopher Wylie, the infamous “Facebook whistleblower” had worked for the Liberals, and demanded answers. Scott a Brison pointed out that the Liberal Research Bureau had already issued a statement saying that they decided not to go ahead with his services and that he had no access to voter data. Scheer lamented that Trudeau didn’t answer — being cute because Trudeau was not present — and when he continued to rail about Wylie, Brison reiterate his response, and hit back with contracts the Conservatives tendered for their own data services. Alain Rayes took over in French to ask the same thing two more times, and Brison repeated his responses (albeit in English). Scheer got back up to rail about the “peoplekind” joke and the apparently scandalous news that Service Canada is not supposed to use the honourifics of “Mr.” of “Mrs.” The horror! Jean-Yves Duclos assured him that they can still use the honourifics, but that they were working to be more inclusive of all gender identities. Guy Caron led off for the NDP, condemning the lack of action on tax evasion despite the $1 billion investment to do so. Diane Lebouthillier got up to assure him that they were looking into tax evasion and had new agreements to get necessary data, and when Caron got up to rail that CRA was slapped with a $1 million fine for abusive behaviour, Lebouthillier reiterated that the case dated back to the Conservatives. Peter Julian got up to repeat the condemnation around tax evasion in English, and Lebouthillier reminded him that they now have the data they need. Julian tried one more time, throwing every thing else in the question, and Lebouthillier retorted that the OECD has recognised Canada’s leadership in data-driven combatting against tax evasion.

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