Roundup: The Philpott extraction

Because the government’s handling of the Double-Hyphen Affair (as I am now dubbing it) needed another bombshell, it came in the form of Treasury Board president Jane Philpott resigning, citing that she had lost confidence in the government over its handling of the Affair, and because she could no longer abide by the principles of Cabinet solidarity throughout it. It’s a rare resignation on principle, and one that causes no end of damage to Trudeau (and more importantly for his electoral chances, his brand). To lose of his most capable ministers is far harder to try and pretend is just a disagreement over semantics than he could with just Jody Wilson-Raybould off-side.

Trudeau, of course, shrugged it off at his event that evening, still showing no contrition, but he did deploy some lines about “encouraging disagreement and debate,” and that there was “important debate” about how the ministry conducts themselves, which could signal that more heads are about to roll. Maybe. But the Liberals continue to hurt themselves, as parliamentary secretary Steve MacKinnon went on the evening politics shows and made the tactical error of saying that SNC-Lavalin was entitled to a deferred prosecution agreement, because otherwise they were at a disadvantage to international competitors who were able to get such agreements form their own governments. The use of “entitled” set off everyone’s alarm bells, and one imagines he’ll be cringing about it for the next few weeks if this whole Affair carries on much longer.

For context, there have only been two – maybe three, depending – resignations on principle in recent history. Here’s a recap of Philpott’s time in politics.

In punditry, and of course there was no shortage of hot takes, Robert Hiltz wonders how much longer this whole Affair can keep going on, particularly if Trudeau keeps on his current path. Matt Gurney wishes the Liberals luck in spinning the departure (indeed, Trudeau basically shrugged it off), while Jen Gerson says that Trudeau’s handling of this Affair has turned it into an existential crisis for his government. Paul Wells takes it a step further, pairing this with the shenanigans going on in Queen’s Park with the firing of the deputy OPP commissioner, and wonders if the culture of respect for the rule of law is being eroded in this country, sacrificed at the altar of political expediency. (This after Wells also accused Trudeau of essentially being a phony, not governing in the way he presents himself to the world). Chantal Hébert ponders whether Trudeau is capable of raising his game after the past three weeks. Susan Delacourt points out that the way this has played out is so different from previous departures that it leaves Trudeau without any kind of guidebook, and makes the added observation that women are changing politics – but not in the way that Trudeau expected.

In advance of this all, however, Andrew Coyne penned another one of his missives about this Affair, decrying that the system hasn’t worked because it was up to one woman to keep the system intact. Philippe Lagassé pushes back against this particular depiction, and I’m Team Phil on this one.

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Roundup: An unexpected shuffle

Yesterday’s Cabinet shuffle came with a few surprises, but the biggest was probably the decision to move Jody Wilson-Raybould from justice to veterans’ affairs – a move which can only be interpreted as a demotion, despite both prime minister Justin Trudeau and Wilson-Raybould making the argument that it was insulting to veterans to think of them as a lesser consideration. Added to that, Wilson-Raybould got defensive and put out a lengthy press release that said she wouldn’t discuss why she was moved, as that’s the prerogative of the prime minister (true), but then went on to laud all of her accomplishments as justice minister (which she bizarrely abbreviated as MOJAG – Minister of Justice and Attorney General, the first time I can recall such an abbreviation being used). The problem, of course, is that there was a lot of talk about how things were not going well in her office. I personally heard from a number of people in the legal community about their concerns about the managerial competence within Wilson-Raybould’s office, particularly around staffing key positions such as the Judicial Affairs Advisor – necessary for the appointment of judges, and a post that was left vacant for months at a time, as the number of vacancies began increasing, and still have a significant backlog in place. There was also a lot of staffing churn within her office, which should be a warning sign that not all is well. And more reports came out yesterday that there had been some tensions around the Cabinet table when it came to Wilson-Raybould, so the fact that she penned a defensive release probably speaks volumes.

As for the other ministerial changes, David Lametti (my Canadian Lawyer profile here) replaced Wilson-Raybould, who replaces Seamus O’Regan at veterans’ affairs, O’Regan moving to Indigenous services to replace Jane Philpott, who in turn replaced the departing Scott Brison. Trudeau added a new portfolio to the mix – rural economic development, under new minister Bernadette Jordan, who is now the Nova Scotian in Cabinet. That portfolio is another one without a ministry, and it looks like it’ll be housed within Innovation, Science and Economic Development, where all of the other regional development ministries are housed, but as with a growing number of portfolios under this government, it’s another minister without a line department of her own, which I find a bit concerning.

Meanwhile, there are so many hot takes on the shuffle, starting with Chantal Hébert, who says the few changes mean it’s steady-as-she-goes for Trudeau before the election. Likewise, Kady O’Malley’s Process Nerd column says these changes highlight that there is little room for experimentation, this late in the current parliament. Mercedes Stephenson echoes the sentiment, with some added details on O’Regan’s time on the veterans file. Paul Wells brings the shade when it comes to the performance of this government, and the inability for any particular minister to make any meaningful changes in the face of bottlenecks of authority in the PMO, and a government too afraid to make any changes so close to an election. Mike Moffatt delivers a thread on the challenges of rural economic development, and why the portfolio might be a good idea after all.

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Roundup: Feelings over civics

Over the course of the weekend, I’ve been giving a great deal of thought to the Supreme Court of Canada’s decision in Frank v. Canada (Attorney General), 2019 SCC 1 – the decision about expat voting rights – and I still can’t bring myself to conclude that they the majority got it right. I’ve read over the decision and found myself greatly annoyed by the fact that majority simply shrugged off the very real issue of constituencies and local elections, and that in his concurring reasons, Justice Rowe mentioned them but shrugged them off. And while people will criticise the reasoning and analysis employed by the dissent from Justices Coté and Brown, they at least did pay particular and necessary attention to the issue of constituencies as it relates to our system – and the rationale for the five-year limit (in that it is the constitutional maximum length of a single parliament). And I can’t let this go, because five of seven justices of the Supreme Court failed to properly understand the importance of constituency-based democracy (and I think the Attorney General’s office also bears a particular amount of responsibility for not making the case adequately either).

To reiterate – we vote for local representatives. We don’t vote for parties, or party leaders, no matter what we may have in mind when we go into the ballot box – we mark the X for the local candidate, end of story. For an expat, it’s not the connection to Canada that should be at issue – it’s the connection to the riding, because that’s how we allocate our votes. The dissenting judges got that, but the majority and virtually all of the commentary I’ve seen on the matter ignored it, despite it being the first principle of our electoral system. The Attorney General focused on the “social contract,” which the majority decision hewed to, and there was a lot of talk about feelings and “progressive enfranchisement,” but feelings are not how we allocate votes in this country. Ridings are, and as warm and fuzzy as you feel about Canada, it’s the riding that ultimately matters. I feel like we’re rewarding civic illiteracy on a grand scale with this decision.

To that end, here’s Leonid Sirota offering his analysis of the decision, and University of Ottawa law professor Mike Pal’s thoughts in this thread. And here’s Emmett Macfarlane to pick apart the decision further (though we will disagree on the outcome).

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Roundup: The Brexit meltdown accelerates

The big news yesterday wasn’t really in Canada, but the UK, where two cabinet ministers resigned over the “compromise” Brexit deal, and there remain questions as to whether Thresa May can survive this (though her options are severely limited given the Fixed Terms Parliament Act). Lauren Dobson-Hughes has a good breakdown of just what has been going on:

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Andrew Coyne notes the difficult position that May and the Brexiteers find themselves in, where a Norway-style deal may be their out (but it will be a humiliating climbdown). Andrew MacDougall examines the internal party politics playing out with these resignations. John Cassidy highlights that Boris Johnson’s bluster aside, he can’t point to any more credible Brexit deal, which makes his departure all the more opportunistic.

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And hey, just remember that Andrew Scheer was a Brexit proponent, and fellow leadership aspirant Erin O’Toole promulgated a fantasy Canada-UK-Australia-New Zealand trading bloc that relies on constructing a pre-WWII relationship that really didn’t exist the way they like to think it did. In case you thought that Canada is immune to such flights of fantasy.

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Senate QP: Philpott talks Indigenous concerns

This week’s ministerial Senate QP feature special guest star Jane Philpott, minister of Indigenous services. Senator Larry Smith led off, and worried that there wasn’t a cultural appropriate campaign to raise awareness about the dangers of marijuana for Indigenous youth. Philpott first noted that while it was her fourth appearance it at Senate QP, it was her first in her new role, and then noted that they had funded a task force that was engaging Indigenous communities on the topic, so that they had programmes that were led by Indigenous communities. Smith wanted some more details on this in the interests that there is some transparency, and wondered what elements it included. Philpott took note of the request for details and promised to follow-up before giving some more context about the meetings she has with Indigenous communities around their public health campaigns.

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QP: The Philpott connection

On a cold and blustery morning in Ottawa, MPs were raring to go with another go-around of QP. And true to form, Andrew Scheer got up, mini-lectern on desk, decrying that the PM didn’t take responsibility for his “illegal luxury trip” and he had taxpayers foot the bill to boot. Justin Trudeau insisted that he did take responsibility and would clear future trips with the Commissioner. Scheer railed that taking responsibility meant paying it back, and replayed the cheap outrage around a sedan that Jane Philpott hired back in 2016, deeming it a “luxury limousine.” Trudeau reiterated his previous response. Scheer wailed about the standard that Philpott was held to, and Trudeau didn’t engage, keeping to his points. Scheer demanded repayment, but Trudeau didn’t vary his answer. Scheer then brought up Trudeau’s speaking fees to charities several years ago, for some reason, but Trudeau stuck to his points about accepting the Commissioner’s recommendations. Guy Caron was up next, and demanded to know what concessions were made with signing the new TPP. Trudeau said that once the documents were translated, they would be made public. Caron switched to English to demand the same thing, and Trudeau repeated his answer. Ruth Ellen Brosseau demanded a plan to elect more women, and Trudeau stated that it was part of engaging women during the nomination process. Brosseau demanded proportional representation, but Trudeau wouldn’t bite on the notion.

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Roundup: On Scheer’s tolerance

It’s been a day since the Globe and Mail interview with Andrew Scheer came out, and yet I haven’t been able to shake some of what he says in the piece, particularly about how his is supposedly the more “tolerant” party. In it, Scheer lists a couple of areas where he lists the virtues of his party’s tolerance – for anti-abortionist views, and his curious view about how to deal with the LGBT question with a party that welcomes social conservatives. On the former, Scheer used the opportunity to re-litigate the issue of trying to appoint Rachael Harder to the chair of the Status of Women committee (never mind that the committees are supposed to pick their own chairs, and that it made no sense to put the critic in the chair position, since the chair is ostensibly supposed to be neutral, which your critic should not be). Why is this example salient? Because it was an example of Scheer acting like a Dollarama knock-off brand provocateur, trying to deliberately set off the leftist opponents to demonstrate how intolerant lefties are in the style that the alt-right has become so fond of doing. Just because your party’s values include social conservatism doesn’t make you more tolerant, particularly given how they denounce other small-l liberal values as “virtue signalling” and so on. Having different values is why different political parties exist.

The part that stuck in my craw a little more was Scheer insisting that just because he doesn’t want to march in a Pride parade, it doesn’t mean that he’s not supportive, pointing to his motion to condemn Russia for the persecution of LGBT people in Chechnya, and the fact that he supported the apology to those persecuted LGBT Canadians. What gets me is that he’s patting himself on the back for the bare minimum – that people don’t deserve to die or be persecuted. But what this does is miss the difference between equality on paper, and substantive equality, and this is something that the Conservative government seemed to struggle with as well. We don’t want other countries to kill gays, but we won’t do anything to meaningfully advance their equality, so they can stay second-class citizens. Or as I sometimes darkly muse, why kill the gays outright when your systematic marginalizing of them drives them to depression, addiction, and suicide instead? And to make it clear, Scheer’s language of “tolerance” is just that – being seen to tolerate something that much of his party’s base finds distasteful, and tolerance is a far cry from respect. So you’ll forgive me if I find Scheer’s assurances that he is “supportive” to ring entirely hollow, because that’s not the language or actions of support.

Meanwhile, the Globe and Mail’s editorial board did call out Scheer for his contradictions in that interview, questioning whether he really is the right person for the job.

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Senate QP: A slow-moving tsunami

While the Commons and Senate calendars are out of sync, the Senate is sitting this week while the Commons is not, and we still had ministerial QP in the Senate today, with special guest star, health minister Jane Philpott, this being her third appearance before the Senate. Just before things got underway, the Speaker noted that the leaders had agreed to tweaks on the order of questions, and cutting down on the number of supplementals asked in order to get more questions in. Senator Carignan led off asking about the plans for legalised marijuana, worrying that they were not following evidence-based policy especially around the risks. Philpott said that despite appearances, there are a number of gaps in knowledge around cannabis and praise the work of Anne McLelland’s panel. She also noted that because the largest number of pot users are younger people, they need to keep that in mind in the legislation they draft.

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Roundup: Housakos vs Harder

It took a couple of weeks, but I will say that I was encouraged to read that Senator Leo Housakos was in the press pushing back against Senator Peter Harder’s comments that the Senate hasn’t been implementing changes to its processes as recommended by the Auditor General. As chair of the Internal Economy committee, Housakos has corrected the record to point out that yes, a lot of changes have happened (and in fact were happening since long before the now infamous audit happened), and also hit back at the issue of an audit committee. Harder it seems has bought into the AG’s wrong-headed notion that an external audit body be formed, which I will reiterate is absolutely an affront to parliamentary democracy. The Senate is a parliamentary body, and parliament is self-governing. It needs to be, full stop. Making senators answerable to an outside body puts a stake in the ability to be self-governing, and pretty much says that we don’t deserve to be a self-governing country anymore, and should just hand all of the power back to the Queen. That Harder can’t see that is blind and a little bit gobsmacking. While the Senate does plan to announce an audit body soon, it will be of mixed composition, and if they’ve paid attention to Senator McCoy’s proposal to mirror the House of Lords’ body – basically three senators and two outside experts – then we’ll be fine. But make no mistake – such a body must be majority senators and be chaired by a Senator. Otherwise let’s just start the process of shuttering parliament, and no, I’m not even being dramatic about it.

While we’re on the topic of the Senate, I just wanted to give a tip of my hat to now-retired Senator Nancy Ruth (who was on Power & Politics yesterday at 1:49:00 on this link). Nancy Ruth (that’s one name, like Cher or Madonna) was one of my early entry points into political journalism, when I came to the Hill writing for GLBT publications like the now-defunct Outlooks and Capital Xtra. As the only openly lesbian parliamentarian, and the only openly LGBT member of the Conservative caucus who wasn’t media shy, she was my point of contact into that caucus and that particular political sphere. The relationship I built there gave me my first by-line for The Canadian Press, and I eventually moved into more mainstream outlets. She was an absolute joy to cover, and I will miss her terribly.

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Roundup: Senators get their funds

In case you missed the news, the new Independent Senators Group got core funding to hire staff to help coordinate independent senators’ activities and logistics. This came around the same time that they managed to strike a deal when it comes to getting more independents on committees without waiting for a prorogation to hit the reset button as the rules would otherwise dictate. Why this matters is because it allows the ISG to effectively organise their own members, to help them hire staff and do things like that – efforts which Government Leader – err, “representative” Senator Peter Harder has been attempting to bigfoot with his own offers to help these senators get staffed up and offering briefings and assisting in legislative coordination and so on. The fact that he represents the government and has been sworn into the Privy Council – regardless of his protestations that he’s independent because he’s actually not (you can’t be both an independent and represent the government – it’s like being half-pregnant) – makes this a blow to actual independence that these senators are supposed to be exercising. Giving the ISG the funds to do that on their own is an important step. Of course, the same piece mentions that Harder plans to move motions in the Senate in the spring related to his ability to restyle his title as he wishes, and that I have a problem with. This particular semantic game that he and the Trudeau government are playing around his role is a very big problem when it comes to how the chamber operates in our Westminster system, and Harder playing silly buggers with what he calls himself in order to cloak his role with the government is a problem. He and this government need to drop the charade and just come clean – Harder should be a cabinet minister in keeping with the role, and be the point of contact for accountability in the Senate. Playing games around it weakens accountability and the duty of the Senate in that role.

Meanwhile, with the appointment process for six upcoming vacancies having been announced, we also got the release of the report on the statistics from the previous round (highlights here). Maybe this time we’ll see an appointment from Southwestern Ontario, a new LGBT senator or even someone from outside of the social sciences!

Finally, Senator Denise Batters appears to have broken the rules to record a video in the Senate Chamber, accusing Trudeau of authoritarian tendencies in trying to destroy opposition in the Senate. While her basic premise – that there is a movement to shut down the position of Official Opposition in the Senate – is correct and concerning, Batters cranked it up to eleven in being completely overwrought about it, and does more harm than good to the issue. I’m not sure how much the move to weaken Official Opposition in the Senate comes from Trudeau or from Harder and his particular vision of Senate “independence” where he can co-opt the independents to his causes, but that remains a concern that I’ve heard from not only the Liberals and Conservatives in the Senate, but a couple of the independents as well. But this kind of stunt doesn’t help.

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