Tag Archives: Jason Kenney

Roundup: Waiting – or not – for a Cabinet call

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One of the more interesting stories that was out first thing Friday morning was that of new NDP MP Heather McPherson, the party’s only Alberta MP, who mused openly to the CBC that she would be willing to take on a Cabinet position if prime minister Justin Trudeau offered it – but she wouldn’t cross the floor for it. Hours later, she backtracked on Twitter, saying that she obviously wouldn’t take a Cabinet position – likely because it was pointed out to her what that would entail. While this is obviously a rookie mistake, it might be worth delving into a bit more for the sake of everyone’s edification.

First of all, having an opposition MP in Cabinet – who remains an opposition MP and who hasn’t crossed the floor – is pretty much a coalition, even if you don’t want to call it that. Being in Cabinet, she would be bound to Cabinet confidentiality and solidarity, meaning that she would have to vote with the rest of the Cabinet, even if the rest of the NDP were opposed; and confidentiality could be a very sticky issue if they want to ensure that she’s not going to divulge Cabinet secrets to her caucus colleagues behind the closed doors of the caucus room (which in and of itself has its own confidentiality convention that, like Cabinet confidentiality, is intended to let the members have free discussions without then being picked off by media when their views are off-side from the rest of the Cabinet or caucus, as the case may be). Now, there are exceptions to how this can work, such as in New Zealand where they have developed a system where they could swear her in as a member of the Privy Council and bring her into Cabinet discussion where appropriate by not make her a full member of Cabinet (as they do with Green MPs in that government), but I’m not sure what the utility would be in this case, when there are better options available to Trudeau (such as appointing a Senator, which is more in keeping with our own traditions and one of the reasons why our Senate exists in the way it does). Regardless, the point is moot, and that’s as far as the thought exercise extends.

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Roundup: Encana and illogical anger

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The big news yesterday was that oil and gas company Encana decided to decamp their headquarters and head to the US under a new name to try and attract more investors there, and Jason Kenney and his ministers freaked out. They railed that this was Trudeau’s fault – despite Encana’s CEO saying otherwise, and despite the fact that there are to be no job losses in Alberta or loss of existing investments – and Kenney upped his demands on Trudeau (including the ludicrous demand that Trudeau fire Catherine McKenna as environment minister). And while the Trudeau blaming gets increasingly shrill and incoherent, there are a few things to remember – that Encana’s stock price has hewed pretty closely to the price of oil, that it lost more value under Harper than it did Trudeau, and that even bank analysts are mystified by the move. Perhaps Kenney’s blame is misplaced – imagine that.

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There have also been a number of voices making the absurd comparison that governments are quick to help companies like Bombardier and SNC-Lavalin but won’t offer it to oil companies – which ignores that the Harper government also helped those same kinds of companies, while Trudeau bought a pipeline in order to de-risk it and ensure that it gets completed, not to mention that other companies usually asking for loan guarantees and aren’t reliant on oil or commodity prices. There is a lot of false comparison going on in order to nurse this sense of grievance, because that’s what this is really all about.

Meanwhile, here is some additional context on the economic situation in Alberta and Saskatchewan that we shouldn’t overlook as part of this conversation.

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Roundup: Brad Wall’s basic nonsense

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Former Saskatchewan premier Brad Wall penned an op-ed for the National Post yesterday that, amidst quoting some classic rock lyrics, repeated a bunch of debunked mythology about pipelines that never happened, the federal price on carbon, Bills C-48 and C-69, and even pulse exports to India. (Seriously – does Wall not read anything?) But amidst this pile of false narratives, Wall decided to make a few “suggestions” about how to mollify Alberta and Saskatchewan, which included the non-starters of letting the provinces set their own carbon price on heavy emitters (effectively ignoring the whole point of the national price is to ensure that provinces don’t undercut one another in a race to the bottom), an “equalization rebate” which is not actually equalization – and worse, wants to offload the environmental liabilities of orphan well clean-up to the federal government under the guise of said “equalization rebates.” (Seriously, the Supreme Court just months ago said that the responsibility for orphan wells can’t just be offloaded because of bankruptcy, and companies need to be responsible for remediating them, because we have a polluter pays principle in this country). Wall also demanded that Trans Mountain be completed and privatized with a significant portion going to First Nations interests (why the privatization matters to him I’m not entirely certain), and amendments to C-48 and C-69 to ensure that pipelines can get to the West Coast – even though that would seem to undermine the fact that all projects need to undergo a proper assessment. Suffice to say, the demands for a “fairer deal” with the federation are generally built on false premises, such as lies about how equalization works, and a sense of grievance that no amount of capitulation will actually solve. (Ask Brian Mulroney about that one).

For a reality check, the Hill Times consulted with professor Andrew Leach about all of the claims that Trudeau single-handedly destroyed Alberta’s economy – complete bunk, of course – but it has some good facts in here about the context of the oil price crash, and the demands for MOAR PIPELINES! when there won’t be enough production capacity to build yet more pipelines once the TMX expansion, Enbridge Line 3 and Keystone XL all finish construction.

Meanwhile, Wall’s successor, Scott Moe, is warning that the separatist talk is “alive and happening.” I’m going to call bullshit – only a few loudmouths and swivel-eyed loons are talking about it, and not seriously. Ordinary people simply vent frustrations because they’re being fed a diet of lies and snake oil, which is what Jason Kenney and Moe want – people to be angry at Justin Trudeau, so that their attention can be safely elsewhere.

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Roundup: Considerations on Trudeau’s Alberta problem

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Talk about what Justin Trudeau is going to do about his Alberta/Saskatchewan problem continues to swirl, with few answers so far. Alison Redford says she’s willing to help in some capacity – not that she’s been asked yet – but I guess we’ll see if there has been enough time and space from her aura of power problem that led to her ouster. Meanwhile, here’s Philippe Lagassé with some important thoughts about the issue:

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Meanwhile, Carla Qualtrough says all options are on the table which can include some changes to equalization, but as this piece explains, there is so much misinformation about how equalization works that it’s important we separate facts from lies about it – and there are a whole lot of bad actors, Jason Kenney chief among them, lying about the programme in order to stir up anger that he hopes to use to his advantage.

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Roundup: Finding that Alberta voice

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The questions about how prime minister Justin Trudeau will get Alberta and Saskatchewan voices into his reshuffled Cabinet continue to swirl about, and we’re already hearing some fairly crazy theories being bandied about – particularly that Calgary Mayor Naheed Nenshi is going to be tapped for Cabinet, either as an appointee to Cabinet who is not a parliamentarian, or as a Senator. Oh, but there aren’t any vacancies? Well, there is always the emergency provision in the Constitution that the Queen can appoint four or eight additional senators in order to break a deadlock, as Brian Mulroney did to pass the GST. Would this count as a deadlock? Probably not, and the Queen may privately warn Trudeau that this would likely be construed as an abuse of those powers for his political convenience.

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Naming senators to Cabinet is actually routine – in fact, the Leader of the Government in the Senate is supposed to be a Cabinet minister, and while Stephen Harper ended the practice in a fit of pique over the ClusterDuff Affair, needing to give himself more distance from the Senate; Justin Trudeau carried over the practice in his bid to make the Senate more “independent” while appointing Senator Peter Harder to the sham position of “government representative,” while Harder maintains the half-pregnant façade that he is both independent and represents the Cabinet to the Senate and vice-versa (which is bonkers). There should be no issue with Trudeau appointing one of the existing Alberta senators to Cabinet (more from David Moscrop here), or appointing someone to the existing vacancy in Saskatchewan (and Ralph Goodale has already said he has no interest in it).

As for the notion of appointing someone who is not a parliamentarian, the convention is generally that they will seek a seat at the earliest opportunity – usually a by-election to a relatively safe seat. Jean Chrétien did this with Stéphane Dion and Pierre Pettigrew, so there is recent enough precedent. The hitch is that there are no seats in Alberta or Saskatchewan that they could run someone in during a by-election, and the closest would be a promise to appoint someone to the Senate seat from Alberta that is due to become vacant in 2021 (lamenting that it will be the mandatory retirement of Senator Elaine McCoy). It’s not very politically saleable, however. Nevertheless, Trudeau has options, but some of them involve swallowing his pride. (I have a column on this coming out later today).

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Roundup: Trudeau’s first minority steps

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Justin Trudeau met with the press yesterday and offered a few bits of post-election news – namely that he was not going to seek any kind of formal or informal coalition (not that he would need to, given how the seat maths work out), that the new Cabinet would be sworn in on November 20th, and that yes, the Trans Mountain pipeline is going ahead, no matter how much huffing and puffing certain opposition parties may try to engage in (for all the good it will do because it’s not something that would come before Parliament in any meaningful capacity in any case). Not that there should have been any doubt – he has expended so much political capital on the project that not doing so would make no sense. The November 20th date is later than he took to decide on a Cabinet after the last election, and Trudeau remarked that he has a lot of reflection to do with the loss of all of his Alberta and Saskatchewan seats, and that is no doubt part of the task ahead.

To that end, Trudeau didn’t give any indication whether he would appoint a senator or two to Cabinet to fill those geographic holes (and I will be writing more on this in an upcoming column) – but did say he was going to introduce changes to the Parliament of Canada Act to make the “independent” Senate more permanently so (not that he can legislate the new appointment process, but rather it deals operationally with salaries for caucus leaders). The “facilitator” of the Independent Senators Group is already decrying that any plan to put senators in Cabinet would be somehow “counterproductive” to the whole independent Senate project, which is of course ignorant of history and Parliament itself. I do find myself troubled that Trudeau singled out the mayors of Calgary and Edmonton as people he would be consulting with as part of his “reflection” on how to rebuild trust with Alberta and in terms of how to somehow include them in his Cabinet-making process, because they have agendas of their own, and it would seem to just exacerbate the whole urban-rural divide that the election results are so indicative of.

Trudeau has some options for getting that Alberta and Saskatchewan representation in Cabinet, from Senators, to floor-crossers, of simply appointing non-Parliamentarians to the role (which is permissible, but goes somewhat against the convention that they seek seats as soon as possible). Here’s Philippe Lagassé explaining some of the options and dynamics:

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Roundup: Demands from the losing side

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It took absolutely no time for the premiers – particularly the western ones – to start laying down markers now that Justin Trudeau had walked away wounded but still standing from Monday’s election. While Blaine Higgs of New Brunswick struck a more conciliatory tone and decided to back down from his carbon price rhetoric, and Doug Ford even striking a more workable tone (though no word yet if he’s going to abandon his fight against the carbon price), it was up to Scott Moe and Jason Kenney to try and flex their muscles and start howling about the prospects of separation because they lost at politics when it came to fighting the aforementioned carbon price.

To that end, Moe presented a letter with a list of three demands for a “new deal” for the province in the federation – scrapping the federal carbon price, reforming equalization to be “fair,” and new pipeline projects – plural. This after the same chuckleheads that put billboards across Alberta and Saskatchewan demanding that the Liberals in those provinces be voted out to “send a message” only to realize that they no longer had any representation in Cabinet. Oops. As for Moe’s demands, the carbon price is not going anywhere – if anything, this election was a confirmation that the country was in favour of carbon pricing, if you look at the seats won by parties who support it. Moe has already tried to propose a reform to equalization that was not actually equalization, but some per capita funding allocation that, again, had nothing to do with what equalization is or represents. As for pipelines, there are several already in process, Trans Mountain chief among them, but if you look at the market, there is no actual future demand for expanded capacity once the current projects are online. We are in an era of a global supply glut and we can expect demand to start diminishing as more low-carbon measures increasingly come online both in Canada and abroad. Not to mention, all of Moe’s demands involve the other provinces in some capacity, and are not things the federal government can do unilaterally (and in fact, his demand to scrap the carbon price is an implicit demand that he doesn’t think provinces should have a level playing field when it comes to carbon pricing, which is the whole point of the pan-Canadian framework). And with all of these demands, Moe claims he’s offering a “fire extinguisher” to the “prairie fire” of regional alienation. Not likely.

And then there was Jason Kenney, not only creating a panel to consult with Albertans about ways to secure our role and fairness in Canadian federation,” before he presented his own laundry lists of demands, such as the “national energy corridor,” Trans Mountain (already in progress), killing Bill C-69 (because the previous system of constant litigation was apparently better), exempting the mortgage stress test for Alberta (which isn’t the government’s call and is really dumb), but he’s threatening a (non-binding) referendum on equalization over this (which will accomplish exactly nothing). And while he started his press conference with the veneer of being statesmanlike, it quickly degenerated to this kind of raving that showcases that Kenney’s real goal, which is simply about stoking more anger at Trudeau because that suits his political purposes.

It’s worth noting that Manitoba premier Brian Pallister is having none of this talk (possibly because he sees where the wind is blowing, and Paul Wells has called him “Canada’s tallest weather vane).

But in all of this bluster, we’re getting all of these hyped up warnings about “Wexit,” which is the moronic label that some swivel-eyed loons have started applying to the notion of Alberta separation, which is the dumbest political movement going. But I do worry that Moe and Kenney are playing with fire, because they’re goading the nebulous populism that is building to such a force that will be hard for the either of them or the federal Conservatives to contain. Stop adding fuel to the fire. It will blow up in your faces.

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Roundup: Hand-waving through a plan doomed to fail

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It’s the final debate day of the election, so expect a couple of brief photo-ops, then a quiet day as the leaders do their final prep. Yesterday, Andrew Scheer went to the Roxham Road irregular border crossing in Quebec to pledge that he would end said border crossings – and then hand-waved through just how he planned to do so, given that the Safe Third Country Agreement is a treaty with the Americans and we can’t do anything without negotiating with them, and they are not exactly big on taking in asylum claimants right now and would be happy to see them wind up in Canada. And their “other options,” such as trying to declare the entire border an “official point of entry” for the purposes of the agreement won’t work, and will simply drive more asylum seekers to more remote crossing points where there are fewer controls, and more likelihood of death or injury. In other words, he was misleading about his plans to address the issue, and more than that, he invoked the spectre of MS-13 (which is an American border issue, not a Canadian one), gave the false notion that these crossings somehow let migrants “jump the queue” unfairly (there is no queue for refugees, and they don’t impact those we are bringing in from refugee camps), made the ludicrous promise to move more citizenship judges to the border to process claims faster (proximity has nothing to do with it, and trying to speed up claims has failed in the past because we still need to have procedural fairness and adherence to Charter rights). Immigration and refugee experts have thus proclaimed that Scheer’s pledge today is doomed to failure. On a related note, Scheer keeps saying his full platform will be out in “plenty of time” for people to make an informed decision, but advance polls have already opened on university campuses, and for everyone else tomorrow, so that’s not exactly time for people to start making informed decisions – and leaving Scheer open to the criticism that he plans to replicate the Doug Ford tactic of not releasing a platform and preferring to coast in on anger instead. And while we’re on the subject of Scheer’s dishonesty, he claimed that Elections Canada gave the okay for his campaign director, Hamish Marshall’s ad company to also be producing election ads for the Canadian Association of Petroleum Producers – but Elections Canada said that’s not true. So chalk that up to yet another lie on the tally.

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Justin Trudeau was in Markham, promising that the first thing he would do if re-elected would be to cut taxes for the middle class, which was essentially just a reannouncement of their basic personal amount cut. When answering questions, he offered some clarity to the situation around the spat between the Canadian Forces and provincial healthcare systems, which stems from the Canadian Forces being billed for higher rates than they would be normally for those services.

Jagmeet Singh, meanwhile, was in Montreal to address CUPE convention, with promise to fight privatization, in the hopes of winning back the labour vote.

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Roundup: Judicial review and missing nuance

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There was a development regarding a First Nations court challenge, which I’ll discuss in a moment, but first up, the campaign news. Jagmeet Singh was in Saskatoon to essentially re-announce his plans to “immediately” implement dental care – again, omitting that it’s provincial jurisdiction and he has no way of forcing provinces to do the heavy lifting – before he headed to Thunder Bay.

Justin Trudeau didn’t announce anything but met with voters at a restaurant in Quebec City, followed by a media availability where he assured everyone that his views have evolved from when, in 2011, he said he was personally against abortion but was pro-choice. He says he’s now totally pro-choice because his previous stance didn’t really make any sense – something he probably felt he needed to make clear when it was remarked that his position and Scheer’s were very similar in personally opposing abortion. Later on, he was at a tree planting with a candidate in Saint-Anaclet, Quebec, where he addressed the lawsuit issue (and again, more on that in a moment).

Andrew Scheer was in Etobicoke, where he re-announced the party’s platform as regards gun control and gangs – and much like his foreign aid announcement, this one was also based on a series of lies about bail and sentencing. More to the point, Scheer pledged more mandatory minimum sentences – which the courts keep striking down – and pledging to fight for them in court tooth and nail, so he wants to spend millions of taxpayer dollars to fight for unconstitutional laws for the sake of symbolism, apparently. But this was overshowed by yet more questions about his dual-citizenship, including his need to file US taxes, and being registered for “selective service,” meaning the draft.

But back to the court challenge, which was news that the government had applied to the Federal Court for judicial review of the Canadian Human Rights Tribunal decision that would award compensation to every First Nations child who had been apprehended by child and family services. Immediately there was a hue and cry, and plenty of outrage (some of it performative), and a lot of hot takes from journalists who failed to understand the nuances in legal stories. And while I’m not a lawyer, I have been on the law beat for several years now, and I can say that oftentimes, these kinds of appeals are made on technical grounds because in the law, precise wording matters, particularly when one is concerned about the precedents it sets. Both Seamus O’Regan and Trudeau did address this in the media saying that they agree that the government failed these children and that they are owed compensation, but they need time to determine how to do it right, but they can’t do that during a writ period (which is appropriate, given the Caretaker convention, especially as this is worth billions of dollars). Ah, but these clever reporters said, the documents say that they are opposed to the compensation award. Now, I haven’t had a chance to read the application because it’s not online, but the CBC describes it thusly:

The application says Canada acknowledges the finding of systematic discrimination and does not oppose the general principle of compensating First Nations individuals affected by a discriminatory funding model — but it argues awarding compensation to individuals in this claim is inconsistent with the nature of the complaint, the evidence, past jurisprudence and the Canadian Human Rights Act.

Now, there are clues in here as to what the government is arguing, primarily that the Tribunal exceeded its authority to make this kind of compensation order based on the kind of human rights complaint that was brought before it, including exceeding their statutory authority. So that’s not a small thing if that’s the case. And it’s a hell of a lot of nuance in the story that deserves to be explained. Any government is going to be concerned if a Tribunal exceeds its authority to make these kinds of orders, because that will impact future cases with future governments – no matter that they feel this case is deserving of compensation. But this very important detail has been completely glossed over in the search for outrage takes, which means that the reporting is doing a disservice to all parties involved.

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Roundup: No real winner, except TVA itself

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The morning was full of Montreal photo-ops in advance of the TVA debate, with Justin Trudeau going to a famous boxing gym, and Jagmeet Singh going to Atwater Market to “pick up snacks” for debate prep – only to be greeted by a racist incident. While Scheer was not to be seen, he dispatched Alain Rayes to make a reannouncement about the red herring of raw sewage that gets dumped into waterways.

And then the TVA debate. If there was a winner of the night, it was the debate format itself, which offered a lot more substantial exchanges between leaders than other formats, and there was significantly less cross-talk or interruption. That said, the night got off to an early start with the three other leaders ganging up on Scheer to demand answers about his personal feelings on abortion, same-sex marriage and medical assistance in dying (one of the few bits of news out of this whole exercise being that Trudeau said they wouldn’t appeal a Quebec court decision that said that the current guidelines are too restrictive – something that Trudeau initially stood behind Jody Wilson-Raybould over). Most of the lines of attack against one another were well-worn, and Scheer kept insisting that his “national energy corridor” project would be a win-win for everyone, while Singh praised himself as the only leader on the stage with an excess of courage. Trudeau held his own and wasn’t the subject of nearly as many attacks as I might have thought, and the host even tossed him something of a gimme toward the end where Trudeau got the chance to declare that he was standing up for SNC-Lavalin jobs, which is a position that gets better play in Quebec, while Scheer in particular was buttonholed as to whether he would have protected those jobs. In terms of the quality of French, Scheer’s was the shakiest, while Singh largely held his own, but as he did in the Maclean’s debate, Singh hewed to well-worn talking points, including the “I was just talking to someone about…” whatever the issue was. The Bloc leader, Yves-François Blanchet was naturally the commanding presence in the French debate, as any Bloc leader tends to be, and Blachet was the first non-Gilles Duceppe Bloc leader on the stage for the first time in about 17 years – and his calm and polished demeanour didn’t even give way to his reputation in the province as being Pauline Marois’ thug from his time in her Cabinet. (More from Paul Wells on the debate here).

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Scheer did try to get one new line of attack in the debate, which was to accuse Trudeau of having two campaign planes – which is actually true in the sense that they have a second, cargo plane that goes in advance to locations with audio-visual equipment to get things set up before the rest of the team and the media arrives. Scheer snidely said this plane was for Trudeau’s “costumes and canoe” (which makes no sense as Trudeau has appeared in a shirt and tie at every single campaign event), and while Trudeau quickly stated that they purchase carbon offsets for both planes, the Conservatives were in full shitpost mode over social media to insist this was climate hypocrisy. [insert wanking motion here]

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