Roundup: Dumbing down the border debate

The Conservatives were in full performative outrage mode yesterday, with a Supply Day motion to demand a plan by May 11thto stop the influx of irregular border crossers seeking asylum, and for the PM to admit that his “Welcome to Canada” tweet is the cause of the problem. It’s not going to work, but it’s indicative of the way in which they are dealing with complex issues and trying to boil them down in a way that is ultimately disingenuous, while using bogus arguments like how the backlogs in this system are slowing down legitimate immigrants and refugee claimants – the immigration stream is separate and is unlikely to be affected by this influx, and when you’re talking about “legitimate” refugees, there is a great deal of difference between resettling refugees in camps and processing the claims of those who arrive on our shores to claim asylum. Those claims, yes, are slowed down, but it’s more than just this influx that is that problem, and drawing this link is a long-time Conservative tactic of trying to play immigrants and refugees off of one another.

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For example, Michelle Rempel has been demanding that the government simply declare the whole border with the US to be an official port of entry for the purposes of the Safe Third Country Agreement, in order for us to simply turn back anyone who crosses from the US. See! Simple! It’s not like we need American sign-off to do so (because it’s their border too), and it does nothing about what has been driving this influx in the first place, which is less Trudeau’s tweet than the tweets of one Donald Trump. And while the government deployed MPs with linguistic ties to communities that were crossing previously, such as Haitians and Guatemalans, the influx we’re seeing right now has to do with Nigerians who are getting tourist visas for the US, and then using those to cross into Canada. To that end, we learned yesterday that the government has been sending officials to Nigeria to try and engage on the ground there, while also working with the Americans to try and get action from them that their tourist visas are being abused, so we’ll see if that has any measurable effect.

This isn’t to say that the current government isn’t blameless in all of this either. While they correctly point to the fact that the previous government made cuts to both the Immigration and Refugee Board and CBSA, which are reverberating to this day, they have had their own problems when it comes to not filling vacancies on the IRB because they changed the appointment process, and like virtually all of their appointment processes, the changes have slowed down the system to a crawl, and have touched off a slow-moving crisis within the whole of government and the courts. That’s on them 100 percent, and that is the problem that’s causing slowdowns with more than just refugee claimants, but also immigration appeals (and they are separate parts of the IRB, so again, it’s not just the influx of claimants causing problems for immigrants). But those aren’t the kinds of issues that the opposition is touching on with this issue, and it’s not the kind of simple solution that they’re trolling for, which is ultimately what’s harming the debate.

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Roundup: Morale over policy

It’s the Liberal Party’s big policy convention in Halifax this weekend, and it’s already consumed with the pre-election narrative, never mind that said election is a year-and-a-half away. And while it’s supposed to be about policy, and developing the ideas that are intended to shape the next election platform, it’s really more about morale, and finding inspiration to go out and do the door-knocking (as Sophie Grégoire Trudeau’s keynote spoke about). It’s about reminding the party that they need to keep up a united front and “have the Prime Minister’s back,” and totally not worry that they won’t be able to keep all of their seats in Atlantic Canada or the West. No ma’am.

When it comes to the policy resolutions, they are very much of the left-wing/progressive side of the party. Almost entirely so, in fact, some of them exactly the same kinds of demands that the NDP have made, making me wonder what’s left in their big tent for the more fiscally conservative, “blue Liberal” members to grasp onto. The most talked about resolution so far is that around decriminalising small amounts of all drugs so that they can be treated as a public health issue instead of a criminal one, as has been done successfully in Portugal. In contrast to the health minister, Jody Wilson-Raybould says she’s open to decriminalising, and reforming prostitution laws (which is another resolution). In an interview with Power & Politics, however, Petitpas Taylor refused to say one way or the other how the government would consider a successful vote by the convention on the issue, deferring instead to keeping an open mind.

But while everyone is going to talk policy on a superficial level this weekend, I have to raise the point that the party has so centralized their operations and policy machinery that this is only superficially a grassroots movement, and instead is an exercise in confirming the policies that the leader’s office is floating. Because the Liberals have so disempowered their grassroots when they changed the party constitution at their previous convention, there is little hold for the grassroots any longer. This is a problem with how our system is supposed to work, and is a direct result of the ways in which we have so utterly presidentialized party leadership contests so that they are now repositories of vast power that can’t be challenged, and everything is being reworked to be top-down instead of bottom-up. While this is all being done under the rubric of being modern, and nimble, it’s corrosive to how politics is supposed to work in this country, and we’ll see how long it takes for party members – err, “registered Liberals” to figure out that they’re being played and they start to demand their rightful power back.

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Roundup: Jean’s version

Yesterday finally saw that long-anticipated Daniel Jean appearance before the Commons public safety committee, and it was…not explosive. Much of it was simply reiterating everything we’ve heard before – that Jean was sensitive to misinformation that was appearing in media outlets that suggested that RCMP and CSIS didn’t take Jaspal Atwal’s appearance seriously, that there was a possibility this was an attempt to embarrass the Canadian government into looking like they didn’t take Khalistani separatists seriously, and that Jean himself suggested the briefing and PMO simply providing him with a list of journalists to reach out to. And when the Conservatives demanded to know about the “rogue elements in the Indian government” or “conspiracy theory” allegations, Jean corrected that he didn’t say those things.

Now, some of the journalists involved in the briefing are disputing a few details, and in particular the notion that Jean had suggested that perhaps Indian intelligence was involved (which he denied yesterday). And there remains this concern trolling that senior bureaucrats don’t normally go to the media like this so he “must have” been put-up to it by PMO, which I’m not really sure is the case, particularly because as we heard in later releases about Jean’s briefing, and in his testimony yesterday, he highlighted the use of “fake news” and propaganda by hostile outlets, which is why we wanted to correct them as a neutral third-party. This is not really a widespread concern just a few years ago, particularly given the way that it was seen as interfering with elections and whatnot, so it’s not out of the realm of possibility that he wanted to be more proactive about it.

Of course, the real hitch in all of this is that some of the sensationalized reporting around the original briefing, coupled with the torque applied to it by Andrew Scheer and company to the point where the story being proffered in the House of Commons didn’t match reality (which is Scheer’s stock in trade these days) have spun this whole narrative beyond what was a “faux pas,” per Jean. And when Jean’s narrative didn’t match Scheer’s, it was Scheer who tried to insist that Trudeau spoke about the “rogue elements” (he never did – he very studiously avoided any specifics and only said that he supported what Jean said), and that it was up to Trudeau to provide clarity for his apparent contradictions when he didn’t actually make any – it was Scheer himself who put forward a false narrative and has been caught with his pants down over it. But let’s also be clear – a lot of the reporting around this has not been stellar either, between sensationalization and omitting of aspects (like his concern about the misinformation being fed to Canadian media), coupled with a refusal to call Scheer out on his disingenuous framing of the whole thing, has led these false narratives to grow out of control. And they keep getting dragged on longer by things like yet more false claims being piled on, such as with the chickpea tariffs and the allegedly cancelled meeting that never existed, but do we call it out? Not until days later. And some journalists should own up to their role rather than get their backs up (like they did yesterday) so that we can move on from this whole incident because we really do have better things to discuss.

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QP: Not the debunking they were looking for

MPs were almost all wearing jerseys to pay tribute to the Humboldt Broncos on a day where the city was wrecked by an ice storm, while Justin Trudeau was on a official visit in Paris. After a moment of silence for the Broncos, Andrew Scheer led off, mini-lectern on desk and read some hyperbolic doom about the Trans Mountain pipeline expansion. Jim Carr first offered condolences to the people of Humboldt, and then said that the PM has given instructions and that the pipeline would be built. Scheer then listed some cherry-picked “evidence” about how the government has apparently shaken investor confidence in energy projects, to which Carr listed the approved projects. Scheer then switched topics to demand the government repeat the “debunked conspiracy theory” around the Atwal Affair™, and Ralph Goodale first gave his own tribute to the Humboldt Broncos. Scheer repeated the question, demanding that the government apologise to the Indian government, to which Goodale reminded him that the PM previously said he supported what Jean had to say. When Scheer tried to insist that there was a discrepancy — playing cute that he was the one who created that particular narrative and not the PM — to which Goodale reminded him again that he has not yet taken up the briefing that had been offered to him, and that he was remaining deliberately ignorant of the facts in the case. Guy Caron was up next for the NDP, raising Trans Mountain and jurisdictional issues, and Marc Garneau stood up to insist that they had federal jurisdiction as asserted by the Supreme Court of Canada. Caron switched to English to demand a Supreme Court reference on the question, and Carr reminded him that the BC government did approve it, they did not use the same approval process as the Harper government, and that they did unprecedented consultations with Indigenous communities. Charlie Angus then got up to rail that the Indigenous consultations were colonial, and Carr noted that the project was divisive, even within political parties. Angus gave it another go around, and Carr reminded him that they did undertake unprecedented consultations, and that 44 Indigenous communities do have benefit sharing agreements, and also raised the Indigenous-led monitoring committee.

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Roundup: A curious appointment bottleneck

There was an interesting revelation in the Hill Timesyesterday in that the government is sitting on more than 100 vetted Senate candidates while twelve seats remain vacant, and yet put out a call for yet more applications while the advisory committees are all empty, which would be the people who are supposed to vet all of those incoming applications. But that number amazes me – 100 names that are vetted and ready to go for those twelve vacancies, and the government isn’t moving on them, adding one or two names every couple of months at random intervals. And don’t get me wrong – I’m firmly opposed to mass appointments, but that also means that the Chamber should be in full operation and that vacancies should be filled as they happen, which are one or two at a time. Add to that the fact that because these are all being named as Independents, the kinds of mentoring that should happen isn’t, so at this point it almost doesn’t matter if we get all twelve in one fell swoop because the result would be the same either way.

The other thing that is very interesting is that in the interview with former appointment committee member Indira Samarasekera, she mentioned that they identified key skill areas that the Senate is in need of and that their names have reflected that, but these aren’t necessarily the people that Trudeau is naming in the long run. Which isn’t to say that Trudeau has simply been naming ideological Liberals and calling them Independents (despite what the Conservatives in the Senate are claiming), but it is hard to deny that there isn’t a similarity to most of the candidates in the fact that they tend to be activists from the social sciences as opposed to some of the business, foreign affairs, and trade experts that Samarasekera noted that they recommended. Despite this all, the piece provides an interesting window on just what seems to be the bottleneck in appointments that this government has a problem with making, and which continues to be a slow-moving crisis of their credibility.

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Roundup: Incoming procedural shenanigans

Hang onto your hats, dear readers, because it looks like we’re up for another week of procedural gamesmanship as the Conservatives continue to try to make the Atwal Affair happen. Our hint is that the Conservative whip, Mark Strahl, has taken the unusual action of cancelling all MP travel, and wants to ensure that it’s all hands on deck for this short week (but one wonders if that includes Andrew Scheer, who has been barely in Ottawa lately, including on sitting weeks, as he continues his various tours across the country). That, and the fact that it seems that this is the time of year that there is some kind of procedural showdown, judging from the past couple of years. (Recall that around this time last year, the Commons ground to a halt over Bardish Chagger’s proposals for reforming the Standing Orders).

So what can we expect? No idea yet, but one imagines that the stops will be pulled out, whether it’s interminable points of privilege, filibusters at committees, or attempts to force concurrence motions on committee reports. Whatever it is, we’ll see how long they either have the stamina for it (unlike last week’s vote-a-thon tantrum), given the upcoming long weekend/two-week constituency break, or whether the government will back down (as they have tended to in the face of such obstruction techniques). Maybe the government will be able to issues manage/communicate their way out of a wet paper bag this time and effectively say that the opposition is wasting time that could be better spent debating gun control/the budget implementation bill/etc, etc. Or maybe the Conservatives will have better traction with their disingenuous narratives about the Atwal Affair and the absurd notion that the government is “muzzling” the National Security Advisor from appearing at committee (never mind that he shouldn’t appear based on Westminster norms, and that the government has pointed to the National Security and Intelligence Committee of Parliamentarians to investigate the issue if the Conservatives are so motivated, if they actually cared about accountability and were not simply looking to public humiliate a senior public servant and the government). Suffice to say, nobody is going to cover themselves in glory over this, everyone’s patience will be tested, and nothing will be accomplished in the long run. But what else is new?

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Roundup: The 21-hour tantrum

If there is a parliamentary equivalent to a toddler having a full-on meltdown and screaming and pounding the floors after not getting their way, then you pretty much have the setting for the 21-hours of votes that the Conservatives forced upon the House of Commons. Which isn’t to say that I don’t think there was value in the exercise – I think having MPs vote on line items in the Estimates is a very good thing given that the Estimates are at the very core of their purpose as MPs, and we should see more of this (in a more organized fashion that they can do in more manageable chunks, mind you). But this wasn’t the exercise that the Conservatives billed it as.

Scheer’s framing is completely disingenuous. These votes were not blocking their efforts, and had nothing to do with the Atwal Affair, or the attempt to get Daniel Jean hauled before a committee. That particular motion was proposed, debated, and voted down on Wednesday. Forcing individual votes on the Estimates was a tantrum in retaliation. It was not about transparency. And it was tactically stupid – there would be far more effective ways to go about grinding Parliament to a halt to get their way rather than this tactic because there was an end point to it (and one which would have been at some point on Saturday if they hadn’t decided to let everyone go home).

The other reason it was stupid is because they forced votes on line items, it allowed the Liberals to spend the whole time tweeting about the things that the Conservatives voted down, like money for police, or veterans, or what have you. They handed that narrative to the Liberals on a silver platter. (The NDP, incidentally, voted yea or nay, depending on the line item, rather than all against, looking like they actually took it seriously). And what did the Conservatives spend their time tweeting? Juvenile hashtags, attempts to shame the Liberals (“You have the power to stop these votes. Just get the PM to agree.”) And in the end, it was the Conservatives who blinked and called it off (but declared victory and that they “drew attention” to the issue, of course).

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This all having been said, there are more shenanigans to be called out amidst this. There was a whole saga about whether or not PCO offered Andrew Scheer a briefing, which his office denied, and then suggestions that Scheer wouldn’t accept it because he wanted as much of it made public as possible (again, with more conflicting versions of how much they wanted to be public and how much in camera). But even with the demands for public briefings, it trips up the parliamentary notion that public servants aren’t called to committees – ministers are, because they’re responsible. (Deputy ministers can be called as the accounting officers of their departments, but the National Security Advisor is not a deputy minister). And with that in mind, why exactly would the government put a long-time civil servant up for the sole purpose of having the opposition humiliate him? Because we all know what happened to Dick Fadden when he was hauled before a committee to talk about his fears about Chinese infiltration, and it damaged our national security because MPs couldn’t help themselves but play politics over it. Nobody covered themselves in glory over this exercise, but this wasn’t some great exercise in preserving the opposition’s rights. This was a full-on temper tantrum, and the more attention we pay to it as though it were a serious exercise, the more we reward the behaviour.

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Roundup: Artificial cannabis vote drama

It started with a bunch of headlines about how it was do-or-die day for the marijuana bill in the Senate. Apparently, nobody can canvas vote numbers any longer, so there was the suggestion that it was going to be close, and that that it could be defeated. The Government Leader in the Senate – err, “government representative” even went before the cameras to play up the drama of not knowing the votes. As context, a number of senators were travelling on committee business, and there was a scramble to get them back to town in order to ensure they could vote on the bill (and while CBC gave the headline that it was the “government” scrambling, that would imply that it was actually government staffers doing the calling, not the ISG’s coordinators, as it actually was). The bill eventually passed Second Reading, and it wasn’t even a close vote.

With a new captive audience, reporters who don’t normally tune into the Senate got the Conservative senators’ greatest hits of over the top, ridiculous denunciations of the bill, and the usual canards as though this was just inventing marijuana rather than controlling something that some twenty percent of youths (and the 45-to-65 crowd as well) have used in the past year. Senator Boivenu got so emotional that he called the bill a “piece of shit” that won’t “protect people.” And on it went. From a press event in New Brunswick, Trudeau said that Senators are supposed to improve bills, not defeat them, though to be clear, they do have an absolute veto for a reason, and they refrain from using it unless it’s a dire circumstance because they know that they don’t have a democratic mandate. This bill, however, doesn’t really come close to qualifying as a reason to defeat a government bill (though I’m not sure all of the senators have the memo about using their mandate sparingly).

Since 1980, the Senate has only defeated three government bills, and in each time it was at third reading, which means that they let them go through committee before deciding to defeat them. In two of those cases, it was Charter rights at play, and the budget implementation bill in 1993 included some cuts to programmes and “streamlining” or boards and tribunals that were a straw too far even for some Progressive Conservative senators that they voted against their own government. This particular bill doesn’t rise to either of those particular tests. As for what would happen if it were to be defeated, well, the government can’t introduce the same bill twice in a single session. The way around that? Prorogue and reintroduce it. It would only delay, which may in fact hurt the Conservatives in the end.

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QP: Scrapping over data mining

While Justin Trudeau was off to New Brunswick, and Andrew Scheer elsewhere, it was up to Erin O’Toole to lead off, reading a quote about the job of the opposition to ask questions, attributing it to the PM, and wondered why the government wouldn’t let Daniel Jean appear before committee. Ralph Goodale calmly responded that the crux of the motion was around the Atwal invitation, that it was rescinded. O’Toole insisted two more times that MPs had a right to hear the briefing, but Goodale defended Jean’s career and insisted there were no contradictions in the positions put forward. Pierre Paul-Hus tried again twice in French, and Goodale poked holes in the Conservative Supply Day motion in return. Guy Caron was up next for the NDP, and decried that only $15 million out of the $1 billion given to CRA to combat tax evasion. Lebouthillier reminded him that the investment was over five years, and it would be ramped up in order to take a strategic approach. Caron then railed that the CRA’s anti-avoidance committee met in secret, while Lebouthillier said that it was a committee of experts that meets as necessary. Peter Julian took over in French, and demanded taxation on web giants, to which Bill Morneau said that they were conducting studies to ensure that the system would work well. Julian changed to English to insist that studying the issue would mean doing nothing, but Morneau reiterated that they wanted to have a plan before acting.

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Roundup: What vice-regal appointment process?

Prime minister Justin Trudeau made two notable vice-regal appointments yesterday – new lieutenant governors for both Newfoundland and Labrador and British Columbia, both women (the first for Newfoundland and Labrador). While the new BC LG is the chair of Vancouver’s YWCA, the new Newfoundland  and Labrador LG is former cabinet minister Judy Foote, which seems like a curiously partisan appointment for a position such as this – especially when Trudeau keeps going out of his way to ensure that there are “independent, non-partisan” appointment processes to other key positions, most especially senators.

The point that none of the stories on these appointments made yesterday was that since Trudeau came to power, he dismantled the process that Stephen Harper put into place to find new vice-regal appointments in a depoliticized fashion. The Harper-era Vice Regal Appointments Committee was headed by the Canadian Secretary to the Queen, had two permanent members, and then had additional ad hoc members for whichever province or territory they had to search for candidates from in order to get the local perspective. Short lists were forwarded to the PM, and for the most part, they were appointments without partisan histories (though the last Manitoba LG appointment was the wife of a former provincial politician it does bear noting). When he came in, Trudeau and his people said that the system was working well, and that they were likely to continue it. Except they didn’t. They replicated portions of it for their Senate nomination committee, but dismantled the Vice-Regal Appointments Committee after they let the memberships lapse, including the post of Canadian Secretary to the Queen (which remains vacant to this day). And the only reason anyone can figure out as to why is because it was simple antipathy to the Harper government, regardless of whether the idea worked. Instead, appointments are made in a black box, and Foote’s appointment seems to indicate that he’s willing to let partisans into these posts in contrast with others.

And don’t get me wrong – I have nothing against Judy Foote personally, and I’m sure she’ll do a fine job, but the whole thing is a bit odd in the context of every other appointment process that Trudeau has put into place (which are interminable and can’t fill any position in a timely manner, Supreme Court of Canada excepted). There was a system that worked. What Trudeau has done instead makes no sense at all.

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