Tag Archives: Keystone XL

Roundup: Don’t bug the LG. Ever.

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In a move that is as brazen as it is utterly galling, Jason Kenney’s government legislated the province’s elections commissioner out of existence, after he levied tens of thousands of dollars in fines over the UCP leadership shenanigans. To make it all the more gob-smacking, Kenney and the minister in charge of the bill claimed that this wasn’t politically motivated, which earns a “Sure, Jan.” But even more appalling was the response from opposition leader Rachel Notley, for which I am about to suffer a rage-induced stroke.

https://twitter.com/Jantafrench/status/1196555704200351744

No. No, no, no, no, no. No. You DO NOT involve the lieutenant governor in this. She does not have discretion to accept or reject bills. She is not the “boss” of Jason Kenney. She cannot reject bills on the advice of the opposition, or her own recognizance for that matter. Her job is to accept the advice of the first minister who commands the confidence of the legislature, which Kenney does – even if the bill is unconstitutional. Her job is to act as a constitutional fire extinguisher, and we are a long way from there. Here’s Philippe Lagassé with more:

https://twitter.com/PhilippeLagasse/status/1196608180488482818

https://twitter.com/PhilippeLagasse/status/1196609606220500992

https://twitter.com/PhilippeLagasse/status/1196610409521930240

https://twitter.com/PhilippeLagasse/status/1196612302348464130

I’m going to add an additional point about this being an appalling lack of basic civic literacy from the leader of Her Majesty’s Loyal Opposition in the province, but it implicates the entire media ecosystem as a whole, particularly when they ignorantly act as though a vice-regal has discretion about things like government formation, as exemplified with the stories of the hung parliaments in BC and New Brunswick, and even when shows like Power & Politics wrongly said that Trudeau “asked permission” from Her Excellency, Julie Payette, to “form a government” when they were the incumbent and already had a government and didn’t need to form one, let alone the fact that her job is not to grant permission. But stories like that plant the idea in people’s minds that she or any other vice-regal has personal discretion and can decide who will or will not form a government and apparently allow or disallow legislation, much like the pervasive idea that you can write to the Queen and she’ll do something about whatever it is you’re complaining about. That’s not how the system works. This shouldn’t be rocket science, but apparently these very basics are not being understood by those who are supposed to know these things because it’s their jobs to.

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Roundup: Bashing a fictional plan

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In the days ahead, you are likely to hear federal Conservatives start echoing Jason Kenney’s current justification for killing the province’s carbon price based on a report by the Fraser Institute. The problem? Well, the modelling that they used is based on a work of fiction, and not the plan that was actually implemented, and since the federal carbon price is closely based on the Alberta model, they will have roughly similar effects. But hey, why fight with facts when you can use fiction and straw men?

And for the record, here is the EcoFiscal commission explaining how the Fraser Institute got it all wrong.

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Roundup: Musings from a non-committee member

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It was another day of clutched pearls as Liberal MP Francis Drouin, who moved the motion at the stunt committee meeting on Wednesday to adjourn until the planned meeting next week, spoke to CBC about the fact that he thinks that they’ve heard enough and it’s time to move to the next phase of the committee. The problem? That Drouin isn’t actually a member of said committee, so his opinion doesn’t really matter. That he was at the committee on Wednesday is largely because his riding is not far from Ottawa, and that tends to be what happens when emergency meetings get called – most of the regular members don’t end up showing up because of travel times and commitments (or in this case, it’s the middle of March Break, and some of them have families with kids that they don’t see nearly enough). Now, if the Liberals meet on Tuesday, and put a bunch of ringers on the committee when they decide to go in camera to talk next steps for witnesses and timetables, and they decide they’ve had enough, well then, yes, we will have something to complain about. But that hasn’t happened yet, there isn’t any indication about that happening, so let’s all just calm down. Drouin is entitled to his own opinions, but he won’t be making any decisions here.

Should the justice committee opt to end the investigation, here are options that Jody Wilson-Raybould could use to “speak her truth” some more (though given how tactical her silence has been, I wouldn’t hold my breath). I also suspect that after their dire warnings yesterday, the opposition are going to start procedural shenanigans in order to try and force the government to carry on the hearings, but we’ll see how that unfolds.

In related news, it turns out that SNC-Lavalin also tried to recruit the Quebec justice minister to lobby for a DPA on their behalf. As well, a luxury condo in Toronto owned by the Gaddafi family, redecorated at SNC-Lavalin’s expense, has been sitting empty since 2009.

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Roundup: A diminishing vision of a regulator

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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.

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Roundup: A quixotic UN quest

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It’s time for the United Nations General Assembly, and while prime minister Justin Trudeau won’t be making an address at the Assembly this year, he did give a speech yesterday about Nelson Mandela, and how other should follow his legacy, and later in the day, announced a $20 million contribution to a global infrastructure hub.

The other thing that everyone is talking about is Canada’s (possibly quixotic) quest for that temporary Security Council seat in 2020, which means a lot of schmoozing and diplomatic niceties during the General Assembly – and it’s going to be an uphill battle, for which Canada has so far…deployed a logo. Add to that, the government hasn’t really articulated why exactly this is important to our foreign policy other than to stick it to the Harper years when they decided that they wouldn’t bother going for the seat again in a fit of pique.

https://twitter.com/StephanieCarvin/status/1044218706937696257

https://twitter.com/StephanieCarvin/status/1044218710519623685

https://twitter.com/StephanieCarvin/status/1044218714202214400

https://twitter.com/StephanieCarvin/status/1044284604310478848

https://twitter.com/StephanieCarvin/status/1044287893554946048

https://twitter.com/StephanieCarvin/status/1044288949806481408

https://twitter.com/StephanieCarvin/status/1044291455454404608

Meanwhile, this session of the General Assembly will see the adoption of the Global Compact on Refugees, which Canada had a hand in crafting.

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Roundup: Absurd procedural objections abound

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There are times when I don’t get the way that the opposition is trying to do its job – and I don’t mean the epic levels of disingenuousness and mendaciousness by which Question Period is operating these days. Rather, it’s the procedural objections to the way in which the government plans to handle Bill C-59, being the major national security bill that they’ve tabled. They’ve stated that they want the bill to head to committee before Second Reading, which is unusual, but still procedurally sound because it means that it will allow for a wider variety of amendments to be proposed and adopted, as a vote at Second Reading means that the bill is “locked” at its principles, and changes made at that point tend to be fairly technical. One would think that proactively taking this move would generally be appreciated, because it’s a recognition that it’s a tough subject that they want to get as much input on as possible, and are open to a wider degree of changes than usual. But no.

Instead, the opposition are now crying foul because they say that the government is trying to “fast track” it by doing his – not necessarily true, given that it can stay at committee for a long time, and they haven’t invoked any time allocation – that they’re trying to “evade” second reading debate (which, again, is absurd given the procedural move of allowing a greater scope of amendments), and that they’re avoiding the possibility that the Speaker could break up the bill because it’s an omnibus bill. But part of the problem with that is that omnibus bills aren’t bad per se – they’re bad when they’re used abusively to ram through a multitude of unrelated things with little debate. In this case, all of the constituent changes in the bill, which affect several other existing pieces of legislation, are all part of the same national security framework. It makes more sense to make the changes at once with a single piece of legislation rather than piecemeal bills that may create legislative traffic jams that would require coordinating amendments in order to ensure that all of the changes don’t butt up against one another. It’s hardly an abuse of omnibus legislation in this case, and they should know that.

What the government is doing is procedurally sound, and I can’t count the number of times that the NDP have demanded that bills go to committee before second reading debate on a whole host of issues (and it happened a lot under the previous regime). This government is doing that move on a major piece of legislation proactively, and they’re being accused of evasion. It’s enough to make a person scream.

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Roundup: Artificial deadline drama

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It’s one of these kinds of stories that I’m already suspicious of – the kind that presuppose that the Senate is going to delay the course of legislation. And lo, the fact that there is a story with Bill Blair out there, shaking his finger at the Senate and warning them not to delay the marijuana legislation, is one that makes me roll my eyes because 1) the Bill still hasn’t passed the Commons, and may not yet for another week; and 2) I have heard zero plans from any senators that this is something that they intend to sit on until any deadlines pass or expire. In fact, I’ve heard pretty much the opposite – that to date, there is an extreme reluctance on the part of those making up the Independent Senators Group to delaying or being perceived to be delaying government bills, and they will provide the statistics to show that they pass bills faster than the House of Commons does as a way to prove that they don’t delay bills.

Oh, but what about the national anthem bill, which Conservative senators are sitting on and deliberately delaying? Well, that’s a private member’s bill, so it is at the mercy of Senate procedure, unlike a government bill – as the marijuana legislation is – which not only takes precedence over other business in the Senate, and which Senator Peter Harder, the Government Leader in the Senate – err, “government representative” could invoke time allocation on, and I’m sure that he would be able to get enough votes for it to pass (grumbling of Conservative senators aside). This having been said, I think that perhaps it may be pushing it for the government to insist that a major piece of legislation like the marijuana bill be passed by the Senate within three weeks given that they took much longer on it, and given that provincial governments have a lot to say on the matter – though I’m hearing that the Senate will likely sit a full week longer than the Commons will before they rise for the Christmas break, meaning that if the Commons passes it by this Friday, it would be four weeks for the Senate to pass it before the break, which is a long time for a bill in the Senate, but not unreasonable. And if the Commons was so concerned about how long it was taking, they would have picked up their own pace on the bill beforehand. They didn’t, and didn’t invoke time allocation on it thus far, meaning that this concern of Blair’s is artificial and used to create some faux drama. People aren’t stupid – creating a problem where one doesn’t exist is just as likely to backfire than it is to try and shame the Senate into doing your bidding.

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Roundup: Release the Mandate Tracker!

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The government unveiled their “mandate tracker” website yesterday, put out by the Privy Council Office, which aims to track the progress of commitments made in ministerial mandate letters, which the government (rightly) touts is the first time these kinds of things are being publicly tracked. But the grousing immediately began – that these are not campaign commitments being tracked (and really, it would be inappropriate for PCO to be tracking those), that some of the progress is subjective, and that it’s a “propaganda tool” for the government.

That’s fair criticism, and sure, it’s cute that the government calls promises they no longer intend to keep as “not being pursued” (rightly in some cases, like electoral reform – because it was a stupid promise), and yes, there is some subjectivity to some of the measures like how they’ve improved Question Period – and if anyone wants to compare how it’s being run right now as compared to the zoo that it was in the Harper era, with the jeering, hooting baboons and the reading of non-sequiturs, they can go right ahead, but it is different, and I would argue, better most of the time. (Yes, many of the government’s responses are pabulum – but given how mendacious and disingenuous most of the questions are, that’s not a surprise either).

Suffice to say, it’s a step. The Conservatives never put anything like this out for public consumption, and had a habit of retconning some of their own promises (remember the promise around wait times? And how they tried to recast it as a different promise among the five that they made and supposedly kept? Good times). And while sure, it looks like they’re grading their own homework, you don’t have to take their word for it. You the public, and We The Media can fact-check these things, and hey, there’s something in the window for us to fact-check against. Great. I’m failing to see where the downside of any of this is.

Meanwhile, here is some more informed analysis:

https://twitter.com/inklesspw/status/930514829923696640

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Roundup: Rejected amendments on C-4

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It looks like we may have another bit of drama between the Commons and the Senate with respect to the amendments on Bill C-4, which is the government’s repeal of two private members’ bills from the previous parliament that sought to limit unionisation. While the portions of the bill related to the repeal of the one bill on financial reporting for unions went through, there were amendments to retain the portions of the former bill on ensuring that union drives are subject to a secret ballot instead of the card-check system. The government has signalled that they plan to reject those amendments, which was not unexpected.

The insistence on secret ballots for unionization was a very fraught issue, and having covered the private members’ bills in the previous parliament, I spoke to a number of labour relations experts who said that not only did this was a problematic change because it put the system out of step with much of the legislation around it, but the process for making those changes – a private members’ bill – upset a lot of the balance in the system and because it had the Conservative government’s support, it shifted the role of the government from promoting settlements and giving parties mediators or arbitrators to one of being openly against the unions. None of that goes away with the Senate’s amendment process. This isn’t by any means to say that I’m trying to shill for the unionization side of things – I’m not. But this is one of those issues where process does matter, and the previous parliament upset the usual process by which these issues are agreed to.

And if the Commons rejects the amendments and sends it back to the Senate? Will they accept the judgment of the Commons? Likely. While the Conservatives in the Senate will likely try to fight this tooth and nail – seeing it as a legacy of their time in government – I’m sure there will be some pressure (and no small amount of admonition from Senator Peter Harder) to bend to the will of the elected members. If the Senate didn’t go to war with the Commons over the assisted dying bill, I have a hard time seeing why they would over this one, particularly as there is a good chance it would not survive a Charter challenge.

ETA: I confused C-4 and C-6 with regards to the call for a free vote. Those sections have been excised.

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Roundup: A commissioner’s overreach

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Forgive me for going super parliamentary wonk for a minute, but this Colby Cosh column in the National Post has me a bit inspired. The issue (and I suggest you read the piece first) is about how interim PC leader Ric McIver was fined by the province’s ethics commissioner for asking a question in QP that could be seen to relate to his wife’s business and basically asking the government for things that could benefit said business. It was later pointed out that only the Speaker can censure a member for things they’ve said, and McIver is launching a court challenge to that effect.

As an officer of parliament, can the commissioner punished an MLA when he’s protected by parliamentary privilege? I’m not actually sure that she can because typically such a commissioner’s ambit is the behaviour of a sitting member when it comes to things like accepting gifts, or ensuring that there are no conflicts of interests in dealings, but I have yet to hear a reasonable case why speech in the Chamber would be covered under that. After all, if he’s asking questions that relate to his wife’s business, then it should be the job of the government to point that out in their responses. This is why they have research departments, after all ­– to fight fire with fire when necessary. Having the premier point out that he seems to be asking for his wife’s benefit would likely embarrass him out of pressing the matter, no? No need for an independent officer of the assembly to step in there.

But I’m also bothered by the fact that this is going to a court challenge, because that’s straying awfully close to that line around interfering in the operations of the legislative branch of government, and parliaments are self-governing. That’s kind of the point – subjecting them to the courts would basically put the Queen back in charge of things, which is not what anyone is after. I’m not sure that a judge should be figuring out the rules of the assembly when it comes to the powers of the commissioner on their behalf. If there is a grey area around what the commissioner’s powers are, it should be up to the assembly – whom the office of the commissioner is a creature of – to make that determination. Anything less is unacceptable when it comes to the supremacy of parliament, which is kind of a big deal, especially when we’re seeing the Auditor General federally trying to over assert his own power in regards to the Senate. We don’t need a bad precedent being set in Alberta that would have terribly ricochet effects elsewhere in our confederation.

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