Roundup: Backlash from the tape

Following Friday’s release of the documents and audio tape provided by Jody Wilson-Raybould, and now comes the backlash. Which at this point I think is the backlash to the backlash to the backlash to the backlash, or something. It’s like they’re ships firing broadsides at one another endlessly, and they’re all taking on water, but nobody will stop, and it’s just so exhausting. But here we go (again).

To begin with, Bill Morneau’s office is disputing the characterisation of conversations their staff had with Wilson-Raybould’s staff, and Gerald Butts tweeted that he’s submitting more of his documents to the committee, which will be released publicly when they too are translated. Michael Wernick’s lawyers are saying that Wernick didn’t brief the PM on the call with Wilson-Raybould because of holidays and the fact that Scott Brison’s announced resignation consumed matters subsequently, and that they didn’t talk about SNC-Lavalin until the Globe and Mail story came out (which one former staffer says is entirely plausible, though not everyone is buying it). Patty Hajdu went on television to say that Wilson-Raybould’s recording of that conversation was unethical, and that she doesn’t think she can trust her in caucus not to record their private conversations any further, though she’ll leave any decisions about ousting her to the caucus itself. And then there was a whole tangent arising from those documents about whether Brian Mulroney directed Kim Campbell as justice minister regarding the David Milgaard case, which led to competing versions of what happened in Mulroney’s memoir’s versus Campbell’s (and she tweeted out more clarifications over the weekend).

As for Wilson-Raybould, she says she’s “absolutely ready” for whatever happens next, and insists she was doing her job and “speaking her truth.” She also stated that Jane Philpott didn’t resign for her benefit, but because of Philpott’s own sense of integrity (which may be a way of trying to shield Philpott from the inevitable calls to have the pair of them booted from caucus, which will only intensify after the revelation of the recording). But a lot of things will now circle back to that recording, something that BC’s former Attorney General says speaks to a “deep fracture” at the heart of the Liberal Party. And he may be right, and it may also be a consequence of doing politics differently, given that one former national director of the party says has a lot to do with Trudeau’s refusal to put any heads on (metaphorical) spikes, which may now cost him in the long run.

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Roundup: A firmer timeline for cannabis

The Senate came to a negotiated decision around the marijuana legalization bill timeline yesterday, and there is a bit of good news, and a bit of bad news if you’re waiting for its passage. On the one hand, the new timeline has the benefit of an end date – that it aims for third reading vote by June 7th, but that also moves a vote on second reading until March 22nd, and from then on, it will go to five different committees instead of just three. It does, however, mean that the government’s timeline of July is now out of the water, because even if it passes in June (because there is the possibility of amendments, but there should be enough time to deal with those), there will still be an eight-to-twelve week lag time between royal assent and when the stores can open their doors given production and distribution timelines, and the likes. So, it likely means no legal weed over the summer, if you’re so inclined.

A couple of additional notes: I keep hearing this concern trolling that keeping the legal age below 25 is terrible because youth shouldn’t smoke it because of brain development and so on. The problem with setting the legal age too high is that it remains the forbidden fruit for those youth, which encourages use, but it also ignores the reams of data that we have on what happens when drinking ages are set too high, especially in states where it’s 21 instead of 18 or 19. What happens if you have young adults who binge drink to the point of alcohol poisoning because there is no way to build a culture of moderation – not to mention, it will continue to be an active driver for the black market if young adults can still get it that way. At least by setting it to the provincial drinking age, you have a better chance of reaching them through education programs (which will hopefully be better than the current “don’t do drugs” scare tactics that governments repeatedly try and fail at) than simple prohibition. In other words, I hope that senators (and in particular Conservative ones) don’t make this a hill to die on.
The other note is that in the lead up to this negotiated timetable, Government Leader in the Senate – err, “government representative” Senator Peter Harder took the CBC to proclaim his concerns with the pace of the bill, and lamenting that it had been in the Senate since November – err, except it was really only there for a couple of weeks before the Christmas break, during which time the Senate was busy dealing with a glut of other bills from the Commons, and that they rose a week before they planned to, and this is only the third week back after the break, during which it has received several second reading speeches. He was utterly disingenuous about how much time it had been in the Senate to date, and I suspect that this is all part of his play to continue casting the partisan gamesmanship (or threats thereof) by the Conservatives in order to push through his reforms to the chamber that would delegitimise structured opposition, which is a very big deal, and one that Senators shouldn’t let him sneak by them by playing up concerns over this particular bill’s progress.

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Roundup: Harder threatens hardball

A curious development happened in the Senate yesterday, where the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, decided to threaten to play hardball for the first time. Harder moved a motion that would send the marijuana legalisation bill to three different committees by March 1st, with an aim to have them report back to the Chamber by April 19th. The threat? That if they don’t agree, he’ll resort to time allocation (which may be an empty threat if he can’t get the votes to do so). While there are questions as to why the “haste” (though I would hardly call it such), the supposition is that the government wants this passed before summer, despite the fact that there will be an eight-to-twelve-week lag between royal assent and retail sales. Now, one could point out that the Senate rose a week early before Christmas and could have done more of their second reading debate beforehand (along with the other bills on the Order Paper), and maybe they should have been more conscious of the timeline then, but that’s now past.

While I’m not opposed to one-off timeline negotiations, I do find myself concerned by some of the tone of Harder’s release, one line of which reads “Sen. Harder said he is also concerned that opponents may behave in a partisan fashion to delay review of the bill.” Why is this concerning? Because it’s part of his larger plan. After the Speaker ballsed up the procedural motions around the national anthem bill (which saw the motions go through that day rather than the three of four weeks of delays that were anticipated), the Conservatives are angry and threatening to delay legislation, and that in turn is giving Harder the ammunition he needs to push the Independent senators to agitate to change the rules to eliminate the government and opposition roles in the chamber, which is a very bad thing for parliamentary democracy. But the Conservatives can’t help themselves, and keep insisting that they’re just ensuring through examination of the bill, as if butter wouldn’t melt in their mouths. Of course, bringing up the anthem bill is not the same thing as it was a private members’ bill and there was no real mechanism for Harder to move it forward, whereas he has tools for this bill. But, as with anything, false equivalencies to prove a point are part of the game if people don’t know any better.

And if the Conservatives don’t think that they’re signing their own warrants for the demise of opposition by continued procedural gamesmanship, then they had better wake up because the ISG is rousing itself to go on the warpath for these rule changes. Being a little more strategic in their partisanship and tactics would be advisable because the reckoning is coming.

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Roundup: An historic apology

As promised, Justin Trudeau delivered a long-awaited apology for those LGBT Canadians who had been persecuted and hounded out of jobs in the civil service, military and police forces as a result of government policies, and to go along with this apology will be some compensation. (The speech and video are posted here). As well, a bill was tabled that will expunge the records of anyone caught up in these processes, but as Ralph Goodale explained on Power Play, the bill requires an application as opposed to the government doing a blanket action, and won’t cover some of the other charges such as being a found-in during a bathhouse raid. That could set up for an interesting future legal challenge, for the record.

So who does this apology affect? Some examples heard yesterday include Diane Doiron, who spoke to Chatelaine about her experiences, or former sailor Simon Thwaites, who was on Power Play.

While some may dismiss the rash of apologies from the Trudeau government as “virtue signalling” or being soft, history shows that official apologies tend to come more from conservative sources than liberal ones. Aaron Wherry, meanwhile, notes that while the Conservatives did participate in yesterday’s apology, they have been making a lot of political hay of late trying to show themselves in opposition to those who would “denigrate” the history of Canada, or who constantly find fault with it rather than praising it uncritically. And yes, it is an interesting little dichotomy.

Those who say that the apology doesn’t go far enough, pointing to the ongoing blood donation ban facing gay men who have had sex in the past year (note: this is a change from the previous lifetime ban) still hasn’t been lifted as promised, the government did put in research dollars to ensure that the proper scientific evidence is there to lift it permanently. While critics say that this remains discriminatory, I remind you that previous governments had to pay dearly for the tainted blood scandals of the past, which is doubtlessly why the current government wants to ensure that all of their bases are covered and untouchable legally in the event that any future lawsuits from this change in policy ensue.

Regarding those Conservative absences during the apology:

During the apology speeches in the Commons, I and several others noted that there were a number of conspicuous Conservative absences – some 15-plus vacant desks, all clustered in the centre of their ranks, which looked pretty obvious from above (and this matters when you’ve got the galleries full of people who have come to hear the apology). I remarked on this over Twitter, and it created a firestorm, especially when I highlighted the vacant area on the seating chart. Some of these absences are legitimate – some MPs were away on committee business, and I got flack from some of them for that afterward, feeling that it was a cheap shot, and if that’s the case, then I do apologize. It wasn’t intended to be, but it was pointing out that the giant hole in their ranks was conspicuous, especially as this was not the case during QP, which immediately preceded said apology. I will also note that none of the Conservative staffers who monitor my Twitter feed (and I know that they do, because they constantly chirp at me by claiming I’m too partisan in my QP-tweeting), offered up a correction or explanation until hours later, which I would have gladly retweeted if provided one. They did not. I can only work with what I can see in front of me at the time, and if some of those MPs who were there during QP went to fill the camera shots on the front benches, that’s still a poor excuse for leaving a giant hole in the middle of their ranks that the full galleries can plainly see.

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Roundup: Taking it to American media

This wailing and gnashing of teeth going on about whether or not the Conservatives may have damaged NAFTA renegotiations by going to the American media to bellyache about the Omar Khadr settlement is kind of tiresome, but I have to wonder if some of the angst or even analysis on this isn’t misplaced. While sure, there are points to be made about how going there is a bit of hypocrisy going on, where Andrew Scheer insists that it’s totally different for the Conservatives to go down about Khadr while at the same time saying it was “treasonous” for Thomas Mulcair to go to Washington to decry pipelines doesn’t pass the credibility test, I also don’t think that Scheer can credibly claim that If the Khadr payment hurts NAFTA that it’s Trudeau’s fault because it comes off as petulant.

Roland Paris gave some additional thoughts here:

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There was an additional comment (that I can’t find to cite) that what’s more suspicious is the fact that the Conservatives had to go to the States to drum up outrage over Khadr because they weren’t getting much traction on it in Canada, as they were already preaching to the converted. I think that’s a fairly trenchant observation, and I have to wonder if it’s also because they chose particular American outlets that won’t offer pushback to their points that are factually wrong, which they wouldn’t get in Canada. Certainly Rosemary Barton wouldn’t abet the same kind of disingenuous commentary that Michelle Rempel pushed, and I think that’s also part of what we should take away from the exercise, beyond the fact that this performative outrage could backfire and cause problems with NAFTA in the age of the Uncertainty Engine taking more cues from Fox & Friends than he does with his officials.

Meanwhile, Paul Wells sees little trouble for Liberals in the polls post-Khadr settlement, so it seems like there’s little backlash (as those who were against Khadr seem unlikely to change their votes). Kady O’Malley meanwhile wonders if dragging the Americans into the Khadr file isn’t going too far.

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Roundup: Trudeau’s missing electoral reform link

Apparently, we’re going to prosecute the demise of electoral reform yet again, after Justin Trudeau was asked about it in his end-of-sitting press conference yesterday. Trudeau, to his credit, was a bit more frank and earnest than he has been on this in the past, and laid out how he had always been in favour of ranked ballots because they eliminate the need for strategic voting, and the opposition was so solidly in their own camps – the NDP for Proportional Representation and the Conservatives for status quo with the added kicker of demanding a referendum – that Trudeau ended up pulling the plug, because he sees PR as bad for the country (he’s not wrong) and referendums even more problematic (again, their track records globally right now are not good).

Of course, everyone freaked out about this answer, and starting howling and frothing at the mouth about how much he’d betrayed them with this promise. Of course, per his promise he did draw up a committee and consult, but he pulled the plug before changing the system.

https://twitter.com/emmmacfarlane/status/879745237308059648

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Part of the problem – aside from the fact that it was a stupid promise to begin with – was that the Liberals on the electoral reform committee didn’t make the case for ranked ballots, nor did they call any witnesses to put forward that position, and apparently disinvited the ones who had already been invited. Having listened to the eager faces on the committee, I’m not entirely convinced that this was simply a cynical ploy the whole time, but I do think a great deal of naïveté was at play, where they were trying to be open-minded – something none of the other parties could say, as they did their utmost to stack the process from the beginning, both with the torqued composition of the committee itself, to the selection of witnesses, to the so-called “consensus” in the report (which was hot garbage, let me reiterate).

The fact that the Liberals played coy about their Trudeau’s preference was certainly a problem. Maybe it’s because they were trying to avoid the myth going around that ranked ballots were “First-past-the-post on steroids,” a characterization based on the analysis of a single poll of second-choice votes of the 2015 election, which was neither authoritative, nor did it take into account the fact that it didn’t produce such a result in Australia, and yet this notion hovered in Canadian media for months. So the handling of this whole affair continues to mystify, but for the love of all the gods on Olympus, can we just bury it already?

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Roundup: BC Speaker drama, part III

While the drama over the coming BC Legislature Speaker election draws closer, and we are faced with more stories of not only the likelihood of a partisan NDP Speaker, but also one who will take off the robes to vote as an MP in committee (which is unconscionable, frankly), we see yet more boneheaded suggestions being thrown into the mix, none more so than our friends at Democracy Watch who want to turn this into an opportunity to turn the Speaker into an independent appointment, like an Officer of Parliament.

Hell. No.

This all having been said, the Speaker is the servant of the House, and to do that, he or she must be a member of it. There’s a reason why when a Speaker is elected, they are “dragged” to the Chair, because Speakers in the 1300s sometimes faced death when Parliament displeased the King. That’s not an inconsequential part of the reason why we have a Parliament in the manner that we do, and it’s important that we keep that in mind as we practice our democracy.

We also need to call out that for a group that purports to be focused on democracy, Democracy Watch is a body that seeks to limit actual democratic accountability with the imposition of innumerable independent Officers of Parliament who are appointed and unaccountable, and which seeks to codify conventions in order that they can be made justiciable with a goal of ensuring that political decisions wind up in the courts rather than at the ballot box. Theirs is not a vision of democracy, but of technocracy, and that’s not something we should aspire to, no matter what you think of our politicians.

Meanwhile, Jason Markusoff thinks that the Liberals should suck it up and put forward one of their own as Speaker for the sake of the institution (and he draws some of the lessons of New Brunswick from 2003-2006), while David Moscrop says the potential to damage the institution is too great, and it’s preferable to have another election to resolve the situation (which I’m sympathetic to). As well, Rob Shaw charts a course for redemption for Christy Clark amidst this chaos.

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Roundup: Carrying Russia’s water

The big story that had a number of people salivating yesterday was the screaming headline in the Globe and Mail that Chrystia Freeland knew her grandfather was the editor of a Nazi newspaper, which Freeland’s own uncle had researched, and to whom Freeland had contributed assistance to. VICE printed their own version of the story, making it clear that Russian officials have been shopping this story around for a while – remember that Freeland is persona non grata in Russia and target of sanctions – and added a tonne of context to the circumstances that Freeland’s grandfather would have found himself in, most of which was absent from the Globe piece because, well, it’s less sensational that way. And then cue some of the bellyaching that Freeland’s office wasn’t very forthcoming about some of this information when asked, the accusations that this somehow undermines her credibility, and whether or not this should be properly characterised as a smear when most of the facts are, in broad strokes, true (though again, context mitigates a lot of this).

The Russian connection, however, is what is of most concern to observers. Professor Stephen Saideman for one is cranky that the Globe very much seems to be compromising its editorial standards and is now carrying Russia’s water for the sensationalism and the sake of clicks. Terry Glavin is even more outraged because of the ways in which this plays into Russian hands, and any belief that we’re immune to the kinds of machinations they’ve exhibited in destabilizing the American electoral process (and now administration) and what they’re up to with far-right parties in Europe should be cause for concern. And to that end, Scott Gilmore says that we can’t expect to be immune from these kinds of Russian attacks. So should we be concerned? By all appearances, yes. And maybe we should remember that context is important to stories, and not the sensationalism, because that’s where the populist outrage starts to build, causing us bigger headaches in the long run.

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Roundup: The lobbyist’s Senate speculation

Courtesy of the Hill Times comes a hot mess of an article that speculates that the new independent Senate is going to have a much more active policy role upfront in the future, which…I’m not so sure about. The thesis of this former MP-turned-lobbyist is that the Trudeau gang knows exactly what they got into with their Senate reform plan (err, I’m really, really dubious about that based on what I’ve seen to date), and the loss of top-down Senate management means that Senators need to be brought into the legislative process from the conceptual stage rather than in their current role as revising and amending. Okay, so while his point that no government can take the Senate for granted anymore is true to a certain extent, most governments have paid a price when they did and found that the Senate wasn’t willing to put up with it. And it’s this particular passage that really makes my skin crawl:

Mr. Jordan said that with new dynamics in the Red Chamber, Senators could prove to be a useful ally of opposition parties and lobbyists, especially in majority governments when governing parties can pass any legislation they wish in the House of Commons. So, if an opposition party or a lobby group wants to stop the government from doing anything, their best bet would be to reach out to Senators.

“You could now go to the Senate and rally support,” Mr. Jordan said. “Make your case.”

It feels a little too much like Jordan, a lobbyist himself, is licking his chops at the prospect. It also undermines the role of the Senate as a kind of constitutional safeguard, who has the power of unlimited veto and of institutional independence to say no to a prime minister with a majority when there is no other option to stop an unconstitutional bill, not to become a partisan competition with the Commons. In fact, the Supreme Court reference stated explicitly that it was not the role of the Senate to be that competitor, and yet this is what Jordan both envisions and says that Trudeau must have known when he started making his push for a more independent upper chamber. (Again, I have my doubts). Turning the Senate into the tool of the opposition and lobbyist allies is antithetical to its nature and its purpose, and for him to start putting this kind of nonsense out there is not helpful, whether as a point of speculation or as a meditation on where senate reform is headed. And if anything, it proves that Trudeau didn’t know what can of worms he opened when he kicked his senators out of caucus, but here we are.

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Roundup: A milestone Pride

Though he had committed to it long before the shootings in Orlando, there was a particularly importance to the visibility that Canadian political leaders brought to Toronto Pride this year, and for the first time, a sitting Prime Minister marched, alongside an openly lesbian Ontario premier. For the first time, the Conservative party leaders, both federally and provincially marched, along with leadership candidates Maxime Bernier, Kellie Leitch, and Michael Chong (and Lisa Raitt, should she decide to throw her hat into the ring). Absent however was outgoing federal NDP leader Thomas Mulcair, which is unusual considering how the NDP generally pride themselves on being at Pride. And yes, Elizabeth May was there for her tenth year in a row as well. This year, being in the shadow of Orlando, was a reminder that yes, Pride is political, and the actions of Black Lives Matter Toronto added to that politicisation (make of their tactics what you will). That you had the entire political spectrum in Canada represented for the first time was a milestone worth noting.

In a place where a Pride parade really matters, one happened in Steinbach, Manitoba, after much pushback from the local political leaders, in a place where openly gay and lesbian people have literally been run out of town by harassment and bullying. Visibility is important, particularly in these smaller towns where ignorance and fear go hand-in-hand, making the need to be visible all the more important, lest nothing change.

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